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

Vol. 156 WASHINGTON, TUESDAY, NOVEMBER 30, 2010 No. 154 House of Representatives The House met at 10:30 a.m. and was almost a year. Despite the urgent need both political parties, I believe there is called to order by the Speaker pro tem- to ratify this vital treaty which also a better way. I believe that we can pore (Mr. SALAZAR). reduces unneeded nuclear stockpiles renew American exceptionalism by re- f and builds much-needed confidence turning our national policy to the prin- with Russia, some members in the ciples and practices that made this DESIGNATION OF SPEAKER PRO other body have continued to stall, economy and our economy the freest TEMPORE putting politics ahead of national secu- and most prosperous in the history of The SPEAKER pro tempore laid be- rity. the world. I believe if we return to the fore the House the following commu- START has been through 18 hearings, practice of those principles, as I said nication from the Speaker: is endorsed by dozens of foreign policy yesterday in Detroit, that we can re- WASHINGTON, DC, and defense experts, and passed out of store and rebuild our economy. November 30, 2010. committee with a strong bipartisan Fiscal discipline is where it all be- I hereby appoint the Honorable JOHN T. majority. Our colleagues on the other gins, though. We have to put our fiscal SALAZAR to act as Speaker pro tempore on side of the aisle claim to be the strong- house in order, and clearly the Amer- this day. est proponents of national security; ican people on November 2 sent a deaf- NANCY PELOSI, ratification of START is an oppor- ening message to policymakers here in Speaker of the House of Representatives. tunity for them to act on those claims Washington, DC. that they want a gov- f and keep America and our allies safe. ernment that lives within their means MORNING-HOUR DEBATE f again. Fortunately, there is no short- age these days of ideas about putting The SPEAKER pro tempore. Pursu- RENEWING AMERICAN our fiscal house in order: admirable ant to the order of the House of Janu- EXCEPTIONALISM suggestions of the President’s Debt ary 6, 2009, the Chair will now recog- The SPEAKER pro tempore. The Commission that we will learn more nize Members from lists submitted by Chair recognizes the gentleman from about this week; the Republicans’ the majority and minority leaders for Indiana (Mr. PENCE) for 5 minutes. Pledge to America; there are thought- morning-hour debate. Mr. PENCE. Mr. Speaker, I rise ful proposals and blueprints by Mem- The Chair will alternate recognition today, the day after I had the privilege bers of Congress in both political par- between the parties, with each party of speaking at one of the storied venues ties, and I commend them all. limited to 30 minutes and each Mem- in American public life. The Detroit On my part, I have coauthored legis- ber, other than the majority and mi- Economic Club for 75 years has been a lation to establish a constitutional nority leaders and the minority whip, place where American leaders of every spending limit amendment. I think it limited to 5 minutes. political persuasion and philosophy is time that we limited Federal spend- f have come to talk about the economy ing to 20 percent of our economy in the of this Nation. I had the real privilege Constitution of the United States of RATIFY START IMMEDIATELY of being able to address that gathering America. We have a saying back in In- The SPEAKER pro tempore. The yesterday, and I want to express my diana, Mr. Speaker, that good fences Chair recognizes the gentleman from appreciation to the organizers and the make good neighbors. I think we ought Illinois (Mr. QUIGLEY) for 1 minute. board for that. But I thought I might to use the Constitution of the United Mr. QUIGLEY. Mr. Speaker, I rise reflect for a few minutes this morning States in the years ahead to put fence today to urge my colleagues in the on my comments because what I lines around spending to give this and Senate to ratify the Strategic Arms sought to do at the Detroit Economic future Congresses a clear guideline of Reduction Treaty or START imme- Club yesterday was really broaden the just how much of the American econ- diately because every day we wait to debate here in Washington, DC. omy this government can consume, and ratify START is one more day that We live in no ordinary times. Our to give them an incentive for growth. Russia’s nuclear arsenal goes economy is struggling in the city and But let me say, fiscal discipline alone uninspected. on the farm. Unemployment is at a will not be enough to bring jobs and When our last nuclear arms treaty heartbreaking 9.6 percent nationally; prosperity back to America. We need with Russia expired last December, so 42 million Americans are on food an agenda for growth, and that is what did our ability to inspect their nuclear stamps; and America has seen better brought me to Detroit yesterday. What sites. This means no Americans have days. After years of runaway Federal I described and sought to describe were inspected Russian nuclear facilities for spending, borrowing and bailouts by the building blocks, the traditional

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

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VerDate Mar 15 2010 05:15 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.000 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7646 CONGRESSIONAL RECORD — HOUSE November 30, 2010 American building blocks of growth, an Beth Chappell and all the members of the Taxpayer funded bailouts are no substitute incentive-based agenda. I think it is Detroit Economic Club for hosting me. For for economic policies that will create real five-fold. First is sound monetary pol- 75 years, the Detroit Economic Club has been consumer demand. I have no doubt that icy. Second is not only tax relief but a premier venue for leaders interested in say- American automakers and autoworkers can ing something significant about our econ- compete and win in a growing American tax reform. Third is access to all Amer- omy and I am genuinely grateful to be able economy. ican resources in energy. Fourth is reg- to join the ranks of those who had the privi- To restore American exceptionalism, we ulatory relief and reform. And finally, lege to ‘‘say it here.’’ must end all this Keynesian spending and get it is expanded international trade. S-T- And it’s great to be in Detroit—home to back to the practice of free market econom- A-R-T. I believe that it is a prescrip- Motown, the Lions (you know who this Colts ics. The freedom to succeed must include the tion for a fresh start in the American fan was cheering for on Thanksgiving) and freedom to fail. The free market is what economy. And what I expanded on yes- the ‘‘Car Capital of the World.’’ made America’s economy the greatest in the My father ran a chain of gas stations so, world, and we cannot falter in our willing- terday was my belief that if we will in like most Americans, I have had a life long ness to defend it. this next Congress which will gather love affair with the automobile. Try to imag- Even though our economy is struggling just weeks from now, if we from both ine America without the Ford Mustang, the and America seems at a low point, I believe ends of Pennsylvania Avenue will re- Chevrolet Corvette, or the Dodge Charger. we can restore our economy but it will take pair to these ideas and seek to advance Being from Indiana, I am especially proud vision and courage to do it. And everything not the arguments that are happening of the role that Hoosiers have played and starts with putting our fiscal house in order. in Washington even at this very hour continue to play in this unique American in- The good news is there is no shortage of dustry. And it all started here in Detroit. at the White House, do we preserve tax plans for fiscal discipline in Washington America owes a debt to the ingenuity and these days. We have the Pledge to America, rates, do we let some tax rates expire entrepreneurism of this great city. You the president’s Debt Commission, and over and become tax increases, but rather helped define the character of a nation. time we’ve had budgets, blueprints, outlines, how do we really pursue policies that But Detroit and America have seen better and thoughtful proposals from Members of will release the trapped energy in this days and I come to this storied podium to Congress, and blue-ribbon panels. economy. say after years of runaway federal spending, For my part, I believe the answer is a Some experts suggest that there is borrowing and bailouts by both political par- Spending Limit Amendment to the Constitu- more than $2 trillion in profits on the ties, that there is a better way, a way we can tion. Since World War II the federal govern- renew American exceptionalism by returning sidelines in this economy. I believe in ment has operated on an average of just to the principles and practices that built this under 20 percent of gross domestic product. pursuing sound monetary policy at the great city and this great country and can But, in the past three years, Federal spend- Fed, having them focus on price sta- build it again. ing has climbed to nearly 25 percent of GDP. bility and by preserving all current tax We live in no ordinary times. Our economy Left unchecked, and accounting for no new rates but then embracing tax reform is struggling in the city and on the farm. Un- programs, federal spending will reach 50 per- like a flat tax. I believe the time has employment is at a heartbreaking 9.6 per- cent of GDP by 2055. come to abandon our progressive tax cent nationally and nearly 13 percent in We should remember what Ronald Reagan rates and have the same flat rate, after Michigan. Nearly 42 million Americans on said, ‘‘No government ever voluntarily re- food stamps. A housing crisis and dismal a generous allowance, on individuals duces itself in size.’’ We must have a mecha- GDP growth. nism that forces Washington as a whole to and businesses. What could be more And it seems that those in authority have make the hard choices necessary to reform fair that the more money you make, no idea what to do about it. Some in the ad- our nation’s addiction to big spending and the more money you pay to the govern- ministration call it the ‘‘new normal.’’ (like unsustainable entitlements. By limiting ment, but everybody pays the same flat we haven’t heard that before) In the 70’s they Federal spending to 20 percent of our na- rate. called it a national ‘‘malaise.’’ tion’s economy in the Constitution, except We need to develop an all-of-the- With more than 15 million people still for certain conditions such as a war, we will looking for work, President Obama and create a framework for this and future Con- above energy strategy that gives the Democrats in Congress have tried to borrow American people access to new tech- gresses to live within our means and have and spend the country back to prosperity re- the incentive to grow the economy. nologies, new resources that are in our sulting in trillion dollar plus annual deficits To grow the economy we must shrink the own making and in our own reach. We and a nearly $14 trillion national debt. To size of the federal government but fiscal dis- need to bring regulatory reform to less- this runaway federal spending they added a cipline alone will not be enough to bring jobs en the burden on small business owners government takeover of health care, at- and prosperity back to America. and family farmers that regulatory red tempted a national energy tax and approved We need a new agenda for economic growth one bailout after another. and that is principally what brings me to De- tape provides. I think it is time for reg- In September 2008, when the Bush Adminis- ulatory PAYGO, Mr. Speaker. I think troit to discuss today. tration proposed that Congress give them As Margaret Thatcher said in equally chal- if we are going to raise regulation in $700 billion to bail out Wall Street, I was the lenging economic times (1977): one area, we ought to lower it in an- first Member of Congress to publicly oppose . . . Of course we’re not going to solve our it. I didn’t think we should do nothing, I just other. And how about a 10-year problems just by cuts, just by restraint . . . thought it was wrong to take $700 billion timeline on any new regulations. And, it was not restraint that started the Indus- from Main Street to bailout bad decisions on of course, expanded trade has to be a trial Revolution . . . It wasn’t restraint that Wall Street. I warned that passing TARP critical part of any growth agenda. inspired us to explore for oil in the North could fundamentally change the relationship With that, I would send any of those Sea and bring it ashore. It was incentive— between the government and the financial positive, vital, driving, individual incentive. that are looking into my Web site at sector and so it has. MikePence.house.gov, I would love to Dodd-Frank codified ‘‘too big to fail’’ for What was true for England in the 1970’s, is have them take a look at our speech at some Wall Street firms and made taxpayers true for America today. Permitting people to the Detroit Economic Club yesterday. I the first line of defense against failure. And enjoy the fruits of their labor is what built hope that it starts a conversation in we continue to bailout Fannie and Freddie to our cities, conquered our frontiers, and made America the most prosperous nation in the this and the next Congress about the tune of about $150 billion, with more ex- pected, despite the fact that many of us have history of the world. growth because I believe that as we put The new Republican majority in Congress our fiscal house in order, it is impera- been fighting for years to get them off the Government’s books. The partnership be- must embrace a bold agenda for economic tive that we return to the practices tween the federal government and Fannie growth built on timeless free market prac- and principles that have made this the and Freddie socializes losses and privatizes tices and reform. most prosperous nation in the history profits with taxpayers getting the short end So what are the building blocks of an in- of the world, and I believe with all my of the stick. centive-based, growth agenda? I submit they heart will make this Nation the most And, even though I am proud of the Amer- are the following: prosperous nation for decades and dec- ican automotive tradition and Indiana’s on- Sound monetary policy; Tax relief and reform; ades to come, so help us God. going role it, I even opposed bailing out GM and Chrysler. While the administration has Access to American energy; RENEWING AMERICAN EXCEPTIONALISM: AN been busy making the point that GM is on Regulatory reform; AGENDA FOR ECONOMIC GROWTH AND PROS- the rebound and taxpayers are being repaid, Trade PERITY, MIKE PENCE, NOVEMBER 29, 2010 most Americans know that it still would ‘‘S.T.A.R.T.’’ You could call it a prescrip- DETROIT ECONOMIC CLUB have been better if GM had gone through an tion for a fresh start for the American econ- Thank you, L. Brooks Patterson, for that orderly reorganization bankruptcy without omy. Some of these are new ideas. Some are kind introduction and heartfelt thanks to taxpayer support. timeless. Taken together, they will put us

VerDate Mar 15 2010 05:15 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.002 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7647 back on track for job creation and pros- with Sen. Jim DeMint to do just that. Most elderly family members and others who you perity. Americans know that higher taxes won’t get care for in your home. Imagine how easy this Sound Monetary Policy and a Restoration of anybody hired. Raising taxes on job creators would be for people. Gross income minus a Free Market Principles won’t create jobs. generous standard deduction minus any de- Sound monetary policy is the foundation But, preventing a tax increase is not pendent exemptions and you’ve got your tax- of our prosperity. A strong dollar means a enough. If the current tax rates were suffi- able income. Apply the rate and your taxes are done. Everyone pays the same rate, and strong America. cient to get this economy moving again, it The American people know we cannot bor- would be and it’s not. the more money you make, the more you row and spend our way back to a growing The time has come for Congress and this pay. It’s fair, simple and effective. If you are a business, you pay tax on your America and sent a deafening message of re- administration to take bold action to sim- gross income for the year minus one hundred straint to Washington D.C. on November 2nd. plify our tax system and lower people’s percent of your expenses: rent, wages, fuel, But it doesn’t look like the administration taxes. The tax code has grown too large and com- supplies, etc. Depreciation is no longer nec- got the message and neither did the Federal plex. It has 3.8 million words. The forms are essary because the entire cost of investment Reserve. During 2008 and 2009, the Fed pushed dizzying. And nothing about it seems fair. spending can be deducted in one year. well over $1 trillion into the financial system People are taxed on their income. Then The flat tax eliminates all of the credits in an attempt to rein in unemployment after they pay their bills, they take the left- and deductions and special preferences and through more government stimulus, yet the over money and put it into savings or an in- tax loopholes that Congress and an army of national jobless rate has been well above 9 vestment. If their savings or investments lobbyists have built into the tax code over percent for a record-tying 18 straight make any money, they are taxed again. If time. These fuel special interests and gen- months. The Fed’s second and latest round of they buy stock in a company, the company erally benefit one person, business or indus- ‘‘quantitative easing,’’ known as QE2, actu- pays taxes on its profits. Then it takes those try over another. Our tax system should not ally seeks inflation in an effort to bring profits and provides a dividend to share- pick winners and losers, but should treat down unemployment. Printing money is no holders and it is taxed again. The final out- every business, small and large, with the substitute for sound fiscal policy. And while rage occurs at death, when your estate pays same basic rules. there is no guarantee that this policy will taxes once again on all the money you’d pre- Instead, everyone would be on a level play- succeed in reducing unemployment, it is viously paid taxes on while living. ing field with certainty as to your taxes. A near certain that the value of the dollar will All I really know about economics is what taxpayer would either subtract his basic and be diluted. As economist Larry Kudlow says, you tax you get less of and what you sub- dependent exemptions or business expenses the Fed can print money, but it can’t print sidize you get more of. We need a tax system and end up with taxable income. It would re- jobs. that will encourage income, savings, invest- duce compliance costs by hundreds of bil- I do not lay the blame solely at the feet of ment and growth, but our tax code does the lions of dollars. the Federal Reserve. The problem for the opposite. It punishes savers and investors by Following the principle of only taxing Fed began in 1977 when Congress imposed a once, it eliminates the AMT, the capital taxing them twice and in some cases more dual mandate, which requires that the cen- gains and dividends taxes, and the death and times than that. tral bank pursue price stability and max- To promote income, savings and invest- gift taxes. And this is hardly radical. A flat tax is in imum employment in executing its policies. ment, we need a system built on the prin- use in more than twenty countries around Too often, this conflicting mandate has pit ciple that income should be taxed once and the world, and they have been proposed and short-term hopes for job gains against long- just once. We need a fair and effective meth- supported by various legislators and econo- term costs to the economy. QE2 is an exam- od of taxation that will make doing your mists in America over the past 30 years, such ple of what happens when the Fed involves taxes easy and remove the confusion of the itself too much in macroeconomic meddling. as Robert Hall and Alvin Rabushka, Dick present tax code. Armey, Steve Forbes, Art Laffer, Jack Kemp A couple weeks ago, I introduced legisla- In an upcoming study written by the leg- and Richard Gephardt. We don’t think about tion to end the dual mandate and return the endary Dr. Art Laffer, Wayne Winegarden it, but we already use flat taxes in America Fed to its original, single mandate—price and John Childs, they found the cost of com- as taxes for Social Security, Medicare taxes, stability. Treasury Secretary Timothy pliance with today’s tax code to be over $540 Geithner recently said the administration sales and property taxes. billion annually and that individuals and It may come as a surprise to many, but will oppose any effort to end the dual man- businesses spend 7.6 billion hours on their date arguing that it was ‘‘very important to even the New York Times wrote favorably taxes. about a flat tax saying, ‘‘. . . every dollar of keep politics out of monetary policy’’. But Just imagine if Americans were putting Congress created the dual mandate in 1977 income would be taxed once and only once. that time and money into enjoying their The plan would subsidize saving, and create and getting the Fed back to its original mis- lives or growing their businesses. The Laffer sion of price stability is precisely how we get an exemption that would protect the poor. study predicts that by simplifying the tax [I]t is perfectly simple.’’ The Gray Lady was politics out of monetary policy. code and cutting complexity costs in half, It’s time that the Federal Reserve focus right. our economy would grow $1.3 trillion more And a flat tax will make America more exclusively on price stability and protecting over ten years than if we maintain the status the dollar. And it’s also time that policy- globally competitive. New York City is still quo. That means each person in this country the financial capital of the world, but for makers in Washington D.C. embrace the kind would be approximately $4,200 wealthier. And how long will that be true? The Wall Street of reforms that will promote real growth. that’s just from simplifying our tax code by Before I move on, I would like to note that Journal recently reported that in New York half. City in 2011, the combined federal and state in the midst of all that has happened re- But we can do better than that. How about cently—massive government borrowing and tax rate will be nearly 54 percent. With gov- a system where you could file your taxes on ernment taking more than half of your spending, quantitative easing—a debate is a BlackBerry, or a system where you might money, is that an incentive to work hard or starting anew over an anchor for the global even be able to file a return with 140 char- to take your business elsewhere? monetary system. acters or less? How would you like to tweet A global economy means New York is now My dear friend, the late Jack Kemp prob- your taxes? competing to keep businesses and capital ably would have urged me to adopt a gold We can create a twenty-first century from moving to Beijing or Bangalore. Right standard here and now. Robert Zoellick, American tax system that will provide gov- now, our corporate tax rate is 15 points high- President of the World Bank, encouraged ernment with the revenue it needs without er than the rest of the world. And more than that we re-think the international currency discouraging growth or placing an undue twenty countries with growing economies system, including the role of gold and I burden of compliance on our citizens. have a flat tax in place for businesses and in- agree. The time has come to have a debate There is one system that meets all of these dividuals. over gold and the proper role it should play criteria: the best option, the most pro- Hong Kong instituted its flat tax in 1947 in our Nation’s monetary affairs. growth option is a flat tax. I believe it is and has no tax on capital gains or dividends. Tax Relief and Reform: Flat Tax time that America adopted a flat tax and Its tax code is short, to the point, and effec- The first principle of a tax system in a free scrapped the current system once and for all. tive, and Hong Kong is a wealthy, thriving society must be certainty. Uncertainty is A flat tax would release enormous amounts city with a growing economy and govern- the enemy of our prosperity. For too long on of capital into the system, and it would oper- ment surpluses. Russia, Czech Republic, and tax policy, uncertainty has been the order of ate under a simple principle: what you take Ukraine all have flat taxes. The hard truth is the day. out of the economy is taxed, like wages and the future is flat. The world is going flat ev- To end the uncertainty that is stifling in- business income, and what you put into the erywhere but in America, and to lead the vestment, innovation and growth, we must economy is not, like savings and invest- next American century, our nation needs to preserve current tax rates and promote per- ments. lead in capital formation and tax reform manent tax reform. Individuals and businesses would pay taxes again. For starters, of course, Congress must per- at the same rate. Individuals would pay And a flat tax will mean jobs. According to manently extend the 2001 and 2003 tax rates taxes on their wages or salary after receiving one study by the Heritage Foundation, the to ensure no American faces a tax hike on a basic income exemption and an exemption flat tax would result in tremendous eco- January 1st, and I have introduced a bill for any dependents, including children and nomic growth with GDP potentially growing

VerDate Mar 15 2010 05:15 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.003 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7648 CONGRESSIONAL RECORD — HOUSE November 30, 2010 by as much as 7 percent within 3 years and Take the requirement from ObamaCare walked away from the timeless truths of nearly 1.5 million jobs being created. that businesses must file with the IRS a honesty, integrity, an honest day’s work for Not that this should come as a surprise. If form 1099 for any purchases from a vendor an honest day’s pay and the simple notion you look back at history, the Kennedy, for goods or services over $600 in a year. Seri- that you ought to treat the other guy the Reagan and 2001/2003 tax reforms were all fol- ously, that is in the law. Of course, this is ri- way you want to be treated. lowed by strong economic growth. The flat diculously burdensome and just adds to the As strongly as I believe in the economic tax goes beyond these tax cuts and provides redtape that small businesses face across the policies in this address, I know we will not not just lower taxes but a greatly simplified country. It should be repealed immediately. restore this nation with public policy alone. system. According to the Small Business Adminis- It will require public virtue. ‘When the foun- After the Kennedy tax cuts, the top rate tration, the average small business faces a dations are being destroyed, what can the went from 91 percent to 70 percent. Economic cost of $10,585 in federal regulations per em- righteous do?’ As we promote policies to re- growth soared: unemployment went down by ployee each year. These small employers rep- store American exceptionalism, we must more than 2 percent and tax receipts in- resent 99.7 percent of all businesses and have also reaffirm our nation’s commitment to creased by 33 percent. created 64 percent of all new jobs over the the values that have made our prosperity Two decades later, President Reagan’s past 15 years. possible. As we seek to build national across-the-board tax cuts brought America Imagine if small businesses could put the wealth, we must renew our commitment to back from a devastating recession. In 1981, $10,000 per employee they spend each year on the institutions that nurture the character unemployment was at 7.6 percent nationally. federal regulations directly back into new of our people—traditional family and reli- The Dow Jones was at 777. Mortgage interest jobs. gion. rates were over 20 percent. By 1987, the prime Ronald Reagan once said ‘‘A government Conclusion rate was down to 8.2 percent. The Dow was bureau is the nearest thing to eternal life In 1977, my brother and I went back- up to 3,000 by the end of Reagan’s term, and we’ll ever see on this earth.’’ It’s time to packing through Europe and found our way 17 million new jobs were created. That’s real change that, at least when it comes to regu- to West Berlin. I will never forget the day I growth. It created true opportunity and im- lations. walked past the barbed wire and tank traps proved the lives of average Americans. I propose that any existing regulation with that barricaded the Berlin Wall, passed And after the 2001 and 2003 Bush tax cuts, an economic impact of $100 million or more through security at Checkpoint Charlie and the economy again grew, as did government must be reviewed and if still necessary, re- took my first steps into a wider under- revenues by $785 billion from 2004 to 2007, a promulgated every ten years to allow for standing of the world. record. There is an indisputable historical public comment and a reassessment of the Standing in West Berlin I saw the energy, case to be made that tax relief and reform cost of the regulation. Instead of eternal life, bustling streets and glass towers of a big creates jobs and incentivizes growth in our these regulations will get ten years. city built on freedom and free market eco- economy. After ten years, there is no reason not to nomics. The strassen were filled with stores, American Energy review, modernize, improve and reduce the people, and bustling commerce. cost of existing regulations. When we crossed through Checkpoint Char- A source of American greatness observed Further, I believe that all new regulations lie, past the harsh glare of uniformed East since our founding has been our abundant that impose an economic cost on families, German guards, everything changed. The ex- natural resources. As Daniel Webster said, in businesses or local governments should be citement and energy of West Berlin gave way words inscribed in the chamber of the House subject to a regulatory ‘‘paygo’’ procedure to the dour reality of Soviet controlled East of Representatives: before implementation. If government wants Berlin. Let us develop the resources of our land, call to issue a new regulation that is going to im- The buildings were drab—concrete block forth its powers, build up its institutions, pose an economic cost, then it needs to re- tenement structures. Damage from World promote all its great interests and see duce another regulatory burden elsewhere so War II was still evident in many buildings. whether we also in our day and generation that there is no new burden on the economy. The cars were vintage 1950’s and people all may not perform something worthy to be re- Some regulations, and some bills that have seemed to be wearing the same colorless ap- membered. passed Congress, however, impose costs that parel. It was a gray, harsh reality. A policy for developing American energy are too great and can never be offset and In that moment, I saw the difference be- must be a component of any plan for growth. must be repealed. tween East and West, between a free market We must embrace an all-of-the-above energy ObamaCare, Dodd-Frank, TARP, and Sec- economy and a planned economy run by the policy that promotes energy independence in tion 404 of Sarbanes-Oxley fall in that cat- state. Freedom and personal responsibility an environmentally responsible manner. An egory. Also, Congress must override the contrasted with socialism and decline. The problem with our economy today is all-of-the-above energy policy should not EPA’s endangerment finding so that regu- that, after years of runaway spending and mean subsidizing all-of-the-above. It means latory cap and trade cannot be forced on the growth of government under both political allowing all types of energy to be developed American people against their will. parties, America is on that wall between and compete honestly in a free marketplace. Increased Trade West and East. No longer the vibrant free We can and should wisely use these re- As most Americans know, trade means market that built cities like Detroit but not sources to better the lives of our citizens. jobs, and that is especially true in places yet overtaken by the policies that have en- Our environment can be protected while we like Indiana and Michigan where we grow gulfed Europe in a sea of debt and medioc- increase energy production, encourage great- food that the world consumes and make cars rity. er efficiency and conservation, and promote and other products that are used around the To restore American economic exception- the development and use of alternative fuels, globe. Encouraging free trade lowers barriers alism, we have to decide that we believe in it and innovative new technologies like we’re to entry for our goods, and that in turn al- again and turn and pursue a free market seeing developed right here in Detroit. lows U.S. companies to create more jobs. economy again with all our hearts. It also is time for a nuclear energy renais- Protectionism and closing our doors to We have to choose. Ronald Reagan said it sance in America. The regulatory process for other countries does not help us, or people in best: new applications can be accelerated, and we the rest of the world. We must support ex- You and I are told we must choose between can safely store and recycle spent nuclear panded free trade to renew American a left or right, but I suggest there is no such fuel. Nuclear energy not only means a source exceptionalism and create jobs. thing as a left or right. There is only an up of clean emissions-free energy; it also means Despite the president’s stated objective of or down. Up to man’s age-old dream—the construction jobs, manufacturing jobs, and doubling American exports in the next five maximum of individual freedom consistent science-based economic growth. years, trade has largely been ignored by with order—or down to the ant heap of total- Developing our own sources of energy here Democrats in Congress and the administra- itarianism. at home will provide certainty about our fu- tion in recent years. With a new Republican ture, ensure that energy remains affordable majority in the House, I am hopeful that the I choose the West. I choose limited govern- and create jobs. free trade agreements with Panama, Colom- ment and freedom. I choose the free market, bia and South Korea can move forward. We personal responsibility and equality of op- Regulatory Relief and Reform portunity. I choose fiscal restraint, sound Next, to restore incentive and encourage need to get those deals done, and done right, but it should not end there. We must pro- money, a flat tax, regulatory reform, Amer- growth we must reduce the regulatory bur- ican energy, expanded trade and a return to den on our economy. There is a place for reg- mote increased trade at every opportunity around the world. When the world ‘‘buys traditional values. ulations that ensure safety and soundness In a word, I choose a boundless American American,’’ Americans go to work. and protect people from danger, but our reg- future built on the timeless ideals of the ulatory structure has grown out of control. Renewing the Character of the Nation American people. I believe the American Today we have too many regulations and Finally, to renew American exceptional- people are ready for this choice and await too many regulatory authorities that have ism, we must recognize that our present cri- men and women who will lead us back to expanded the reach of the federal govern- sis is not merely economic but moral in na- that future, back to the West, back to Amer- ment too far. These regulations add billions ture. At the root of these times should be the ican exceptionalism. Here’s to that future. to the cost of doing business and in their realization that people in positions of au- Our best days are yet to come. wake they kill jobs. thority from Washington to Wall Street have Thank you.

VerDate Mar 15 2010 05:15 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.005 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7649 RECESS billion in new debt to pay for the HONORING W. CARY EDWARDS multi-million dollar tax cuts for bil- The SPEAKER pro tempore. Pursu- (Mr. LANCE asked and was given per- ant to clause 12(a) of rule I, the Chair lionaires. But that is the exact policy choice congressional Republicans mission to address the House for 1 declares the House in recess until noon minute.) today. would have us make, citing concerns Accordingly (at 10 o’clock and 39 about the deficit when it comes to Mr. LANCE. Madam Speaker, I rise minutes a.m.), the House stood in re- American families, but not when it today to pay tribute to one of New Jer- cess until noon. comes to tax cuts for the wealthiest sey’s great public servants, W. Cary few. Edwards, who passed away in October f f at the age of 66. b 1200 THE LAND OF LAWLESS DAYS Over the course of four decades in AFTER RECESS (Mr. POE of Texas asked and was public life, Cary Edwards served at the highest levels of New Jersey govern- The recess having expired, the House given permission to address the House ment, including as State assemblyman, was called to order by the Speaker pro for 1 minute.) chief counsel to Governor Thomas H. tempore (Ms. RICHARDSON) at noon. Mr. POE of Texas. Madam Speaker, the border war continues to escalate. Kean, and State attorney general. At f Over 2,200 people have been killed just the time of his death, he was chairman PRAYER this year in drug-related violence in of the New Jersey State Commission of Investigation. The Chaplain, the Reverend Daniel P. Mexico. The battles are spilling over Coughlin, offered the following prayer: into American communities. The drug To me, he was a wonderful mentor Lord, full of compassion and mercy, cartels are shooting their way across and good friend. I had the honor of draw near to Your people and show us the Rio Grande River. The Federal working under him and learning from Your saving power. Government’s answer is to put up dan- him when he served as Governor Kean’s In times of uncertainty, be our ger signs: ‘‘Warning, Keep Out of Parts chief counsel in the first half of the surety. of America. It’s Just too Dangerous.’’ 1980s. Cary Edwards inspired a whole Guide us in every step to full recov- And now there are reports that the generation of young people in the field ery; that this Nation may be strength- handful of National Guard troops on of law and public policy. He will be re- ened both in stability and integrity. the borders are going to be reduced. membered as an inspiring leader in the May we prove ourselves Your disci- That is no answer. State of New Jersey. ples and come to fullness of life in You The National Guard Border Enforce- ment Act will change all that. It will To his wonderful wife, Lynn, his and with You, both now and forever. daughters and sister and to the entire Amen. authorize 10,000 National Guard troops to be put on the border. The troops will Edwards family, we extend our deepest f be paid for by the Federal Government sympathy. W. Cary Edwards of Oak- land, Bergen County, New Jersey, will THE JOURNAL under the supervision of the Border Of Governors. Now that’s a plan we can be greatly missed by the people of our The SPEAKER pro tempore. The live with. Otherwise the border war State. Chair has examined the Journal of the will continue in the valley of the gun last day’s proceedings and announces and the land of lawless days. f to the House her approval thereof. And that’s just the way it is. Pursuant to clause 1, rule I, the Jour- HOPE SCHOLARSHIPS nal stands approved. f TAX RELIEF FOR THE MIDDLE f (Mr. COHEN asked and was given per- CLASS mission to address the House for 1 PLEDGE OF ALLEGIANCE (Mr. BACA asked and was given per- minute and to revise and extend his re- The SPEAKER pro tempore. Will the mission to address the House for 1 marks.) gentleman from Texas (Mr. POE) come minute.) Mr. COHEN. Madam Speaker, today forward and lead the House in the Mr. BACA. When President Obama the United States received very good Pledge of Allegiance. took office, he inherited a $1.2 trillion news concerning education in America. Mr. POE of Texas led the Pledge of deficit, two wars, the recession and Nationwide, high school graduation Allegiance as follows: mounting job losses that pushed our rates rose 2 percent. But even better, in I pledge allegiance to the Flag of the economy to the brink. Since then, we my State of Tennessee, the rates rose United States of America, and to the Repub- have made steady progress towards re- 15 percent, the number one increase in lic for which it stands, one nation under God, covery and have laid the groundwork indivisible, with liberty and justice for all. the United States of America. Those to create new jobs. But during these are statistics from the year 2002 to 2009 f tough times, we must act decisively to as determined by the Promise Institute extend tax relief for middle class fami- MIDDLE CLASS TAX CUTS that Colin Powell headed. And part of lies. that I’m happy to attribute it to, and (Ms. WATSON asked and was given If Congress does not act soon, 98 per- that is the Tennessee education lottery permission to address the House for 1 cent of Americans will face a tax in- which was my hallmark legislation as minute.) crease in January 1. For the typical a State senator. The lottery ref- Ms. WATSON. Madam Speaker, middle class family, this means the erendum passed in 2002, and the edu- standing in our way are those who will loss of $2,000 next year. Two thousand cation law went into effect in 2003, giv- be holding the middle class hostage in means an awful lot to middle income ing children the incentive that they favor of giving added tax breaks to mil- families. can go to college, that they can have a lionaires and billionaires, even though Republicans must stop holding these better life. Giving them hope with the bonus tax breaks would add $700 tax cuts for the middle class hostage. I HOPE scholarships has helped kids billion to the national debt. state, Republicans must stop holding Ninety-eight percent of Americans these tax cuts for the middle class hos- make better grades in high school and face a tax increase January 1. For the tage. Extending the tax cut for the rich turn out better graduates in Tennessee. typical middle class American family, will not create jobs and stimulate the I appreciate the fact that Tennessee that can mean the loss of $2,000 next economy, but it will add—I state, it has been recognized today as the coun- year. The Republicans’ demands would will add—$700 billion to our national try’s education grades and scores have mean that those making more than $1 deficit—$700 billion to our national def- gone up, and we need to continue work- million a year would receive an aver- icit. The time for simply saying ‘‘no’’ ing on this. And if every State gave age cut of $100,000 annually, and the is over. Let’s work together to create their students HOPE, we would have a middle class would be saddled with $700 jobs. better Nation.

VerDate Mar 15 2010 05:15 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.003 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7650 CONGRESSIONAL RECORD — HOUSE November 30, 2010 b 1210 School football team on winning the to sell. We’re a month away from tax TAXES Minnesota State high school champion- increases that will hit every American ship this year. Sophomore Chad taxpayer. The Obama-Pelosi-Reid (Mr. SMITH of Nebraska asked and Underhill ran for a remarkable four spending spree that has racked up $6.1 was given permission to address the touchdowns, leading the top-ranked trillion in Federal spending in just 22 House for 1 minute and to revise and Trojans to a 31–14 victory over months is about to hand the American extend his remarks.) Rosemount. The victory gave Wayzata people a massive tax increase. Mr. SMITH of Nebraska. Madam their fourth State championship. Democrats have majorities in both Speaker, time and time again Members Wayzata’s perfect season included an houses of Congress until January, and from both sides of the aisle have spo- overtime victory over last year’s State there’s time for them to do something ken on the need to create jobs and cut champions in the final game of the reg- to stop the $3.9 trillion tax increase. government spending. This is what the ular season and a very gutsy victory But so far all we’re seeing on the agen- American people want, and it is past over Minnetonka, converting a two- da is more spending. time for Washington to start listening. point conversion to win the game with Republicans are ready to work in a We have just a few short weeks to take no time left on the clock. In the play- bipartisan way to stop these tax in- that message to heart and stop the $3 offs, the Trojans held their opponents creases and to cut spending. But if the trillion tax hike set to take effect on scoreless for 15 straight quarters. President and congressional Democrats January 1. Our country needs real eco- Wayzata’s State championship con- don’t take action before the end of the nomic growth—which can’t happen if tinues an outstanding tradition of foot- year to stop all the tax hikes and cut Washington doesn’t prevent these tax ball excellence at Wayzata High spending, the new House majority will increases on farmers, ranchers and School. Since the year 2000, Wayzata in January. That’s our Pledge to Amer- small businesses. We won’t solve our has now produced an NFL Pro Bowler ica, and we intend to keep it. fiscal challenges until we cut spending, in running back Marion Barber, a f stop the growth of government and ex- Butkus Award winner in linebacker TAX INCREASES LOOM tend the current tax rates. The sooner James Laurinaitis, and four State we can provide certainty to American championships. (Mr. BUTTERFIELD asked and was businesses, the sooner they can get our Congratulations to the student ath- given permission to address the House economy back on track and start hir- letes, the parents, and the coaches at for 1 minute.) ing again. Over the next few weeks, we Wayzata High School. Mr. BUTTERFIELD. Madam Speak- have the chance to do what is right for f er, 98 percent of American families face our economy. Let’s make it sooner a tax increase on January 1, 2011. rather than later. TAXES AND UNEMPLOYMENT That’s right; 98 percent. Democrats are BENEFITS f prepared this week to prevent that (Mr. YARMUTH asked and was given from happening. Our recovery demands UNEMPLOYMENT BENEFITS permission to address the House for 1 keeping as much income as possible in (Mr. BISHOP of New York asked and minute.) the hands of those who need it the was given permission to address the Mr. YARMUTH. Madam Speaker, we most—America’s middle class. By ex- House for 1 minute.) are now in a situation in this country tending the middle class tax cuts, we Mr. BISHOP of New York. Madam in which we have the greatest disparity can protect American families and Speaker, starting tomorrow, 31,000 of between the very wealthiest people and strengthen our economy. my constituents, 400,000 New Yorkers everybody else that we have had in 100 But with a national debt already ex- and 2 million Americans will begin to years. Already this year, the top 1 per- ceeding $13 trillion, we simply cannot lose their unemployment benefits. Be- cent of the income earners in this afford to borrow $700 billion needed to fore Thanksgiving, 143 Republicans and country have earned 24 percent of total cut taxes for the 2 percent richest fam- 11 Democrats voted against extending income. Despite all of this, our col- ilies in America. It is also important to unemployment insurance. With that leagues on the Republican side want to remember that the richest Americans vote they said the unemployed mother, preserve tax cuts for those very, very would still receive substantial tax cuts or the husband who lost his job to out- fortunate people who have more now as on the first $250,000 of their income. sourcing are the ones who should a percentage of the American economy This is not class warfare. I urge my shoulder the burden of reducing the na- than they have ever had. Meanwhile, colleagues to support permanent tax tional debt. they’re going to deny 2 million Ameri- cuts for America’s middle class. Don’t In the same breath, Republicans call cans an extension of unemployment hold the tax cuts hostage to help 2 per- on Congress to pass a tax break for the benefits which every economist agrees cent of America’s families. wealthiest Americans—adding hun- is the best way to create economic ac- f dreds of billions of dollars to the def- tivity. FIVE NEW AMERICAN FREEDOMS icit. Republicans say we can’t afford The American people rightly wonder unemployment benefits, but they are whose side their government is on, and (Mr. KAGEN asked and was given alone in their logic. Economists widely the problem, the juxtaposition of these permission to address the House for 1 agree that extending unemployment issues that we face this week, the ques- minute and to revise and extend his re- benefits does far more to stimulate tion of tax cuts for the very wealthiest marks.) economic growth than tax breaks for Americans or extending unemployment Mr. KAGEN. Madam Speaker, earlier millionaires. benefits for those people who are strug- this morning I joined my congressional Madam Speaker, as we enter the win- gling, is a clear delineation of whose staff on a tour of our Capitol. What a ter season when home heating, gas and side this government is on. wonderful place this is. And if there’s other basic living costs will rise, I ask We’re on the side of the American any lesson we should learn from our my colleagues to help those American people. Capitol, from our Nation’s history, it is families who are most in need, not f that our freedom is ours for only as those wealthiest who need it the least. long as we can hang onto it. It wasn’t PLEDGE TO AMERICA f that long ago that the Democrats led (Ms. FOXX asked and was given per- Americans into five new essential CONGRATULATING WAYZATA HIGH mission to address the House for 1 American freedoms. SCHOOL, MINNESOTA STATE minute.) We are now free from discrimination FOOTBALL CHAMPIONS Ms. FOXX. Madam Speaker, as I sit due to any preexisting medical condi- (Mr. PAULSEN asked and was given here and listen to my colleagues across tion. We’re free from cancellation by permission to address the House for 1 the aisle, I want to remind them that any insurance corporation just because minute.) the American people showed on Novem- you get sick. We’re free from going Mr. PAULSEN. Madam Speaker, I ber 2 that they’re not buying the class broke just because a child has an acci- rise to congratulate the Wayzata High warfare that our friends are still trying dent or becomes seriously ill. We’re

VerDate Mar 15 2010 00:54 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.006 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7651 free to choose our own doctor. And few years. This move, which saves very ure out what we are going to do with we’re free to go to the closest emer- little money, sends a signal individ- this Nation’s nuclear waste before we gency room. ually and collectively to accelerate continue to produce more nuclear These five new essential American that decision, thereby potentially leav- waste that we still don’t know what to freedoms will be yours for only as long ing our economy and our society in a do with. Let’s forget this nonsense and as you can hang onto them. We as weaker position to compete globally figure out how this Nation is going to Democrats fought very hard to secure and to prosper domestically. become energy independent. Nuclear is them. We’re going to work very hard f not the way to go. with everyone in this country to hold f onto these newfound freedoms. Your b 1220 TAX CUTS FOR MILLIONAIRES freedoms are yours for only as long as DEFINING CHOICES FOR THE you can hang onto them. MIDDLE CLASS (Ms. SHEA-PORTER asked and was f given permission to address the House (Mr. BRALEY of Iowa asked and was for 1 minute.) MIDDLE CLASS TAX CUTS given permission to address the House Ms. SHEA-PORTER. Madam Speak- (Ms. CHU asked and was given per- for 1 minute.) er, Republicans are holding tax cuts for mission to address the House for 1 Mr. BRALEY of Iowa. Madam Speak- the middle class hostage as they try to minute.) er, as the American middle class con- extend tax cuts for millionaires. They Ms. CHU. During the worst recession tinues to endure tough economic chal- say letting tax cuts for the very in decades, should we be giving hun- lenges, the deadline looms for extend- wealthy expire will hurt small busi- dreds of billions in borrowed money to ing middle class tax cuts that will pro- nesses. It is just not true. Ninety-seven the rich? No. Instead, we should re- vide continued relief when it is needed percent of small businesses would see ignite the economy and focus on pro- the most. no tax increase under the Democratic tecting the middle class. That’s why I Standing in our way are Republicans plan. If the Republicans think they are support extending tax cuts for them, who are holding the middle class hos- talking about small businesses, they who are 98 percent of American fami- tage in favor of giving added tax breaks are truly out of touch. lies. to millionaires and billionaires, even While they stand in the way of unem- But some in Congress are holding the though these bonus tax breaks would ployment benefits for millions of middle class hostage in order to cut add $700 billion to the national deficit. Americans still reeling from the crisis taxes for the wealthiest 2 percent. In So what is at stake? These middle Wall Street and the previous adminis- tough times like these, millionaires class tax cuts will provide 98 percent of tration created, they are doing every- should be giving to charity, not getting Americans who face a tax increase on thing they can to give huge checks to it. This will force our cash strapped January 1 the much needed relief that millionaires. This is just one more ex- government to lose $700 billion over the they deserve. For the typical middle ample of who the Republicans are real- next decade. class family, that means the loss of ly watching out for. And where will this money go? $2,000 next year. The Republican de- f Straight into the pockets of those mands would mean that those making more than $1 million a year would re- PROVIDING FOR CONSIDERATION making more than half a million a OF SENATE AMENDMENTS TO year. What’s worse, the wealthy are ceive an average of $100,000 annually, and the middle class would be saddled H.R. 4783, CLAIMS RESOLUTION less likely to spend this money, doing ACT OF 2010 little to help our economy recover. with $700 billion in new debt to pay for To me, the answer is clear—let’s put multimillion-dollar tax cuts for bil- Mr. PERLMUTTER. Madam Speaker, our money where it creates jobs and lionaires. In tough times like these, by direction of the Committee on helps the people who need it. Let’s ex- millionaires should be giving charity, Rules, I call up House Resolution 1736 tend middle class tax cuts. not getting it, and that is the choice and ask for its immediate consider- ation. f that the American people should be de- manding that we make. The Clerk read the resolution, as fol- THE FEDERAL EMPLOYMENT PAY lows: f FREEZE H. RES. 1736 (Mr. MORAN of Virginia asked and AMERICA’S NUCLEAR WASTE Resolved, That upon adoption of this reso- was given permission to address the PROBLEM lution it shall be in order to take from the House for 1 minute and to revise and (Ms. BERKLEY asked and was given Speaker’s table the bill (H.R. 4783) to accel- erate the income tax benefits for charitable extend his remarks.) permission to address the House for 1 cash contributions for the relief of victims of Mr. MORAN of Virginia. Madam minute and to revise and extend her re- the earthquake in Chile, and to extend the Speaker, I can understand why Presi- marks.) period from which such contributions for the dent Obama has chosen to freeze Fed- Ms. BERKLEY. Madam Speaker, the relief of victims of the earthquake in Haiti eral pay for the next 2 years. From a incoming House leadership has signaled may be accelerated, with the Senate amend- political standpoint, it preempts what that they are once again resurrecting ments thereto, and to consider in the House, the Republicans would have tried to do Yucca Mountain as a solution to this without intervention of any point of order, a next year, anyway, and it responds to Nation’s nuclear waste problem. This is single motion offered by the chair of the Committee on Natural Resources or his des- an antigovernment attitude that was the height of insanity. ignee that the House concur in the Senate most profoundly reflected in this Let me remind my colleagues on the amendments. The Senate amendments shall month’s congressional elections. other side of the aisle that we are talk- be considered as read. The motion shall be From a policy standpoint, though, it ing about shipping 77,000 tons of lethal, debatable for one hour, with 50 minutes is, as they say, penny wise and pound radioactive nuclear waste across 43 equally divided and controlled by the chair foolish. The Federal Government has States to be buried in a hole in the Ne- and ranking minority member of the Com- been subjected to a brain drain over vada desert where we have ground- mittee on Natural Resources and 10 minutes the last decade, where the best and water issues, seismic activity and vol- equally divided and controlled by the chair and ranking minority member of the Com- brightest folks in procurement, re- canic activity, and it is 90 miles from a mittee on Ways and Means. The previous search and development, information major population center—Las Vegas. question shall be considered as ordered on technology, program management, There are no EPA radiation stand- the motion to its adoption without inter- budget and accounting and a host of ards. There is no way to protect the vening motion or demand for division of the other essential skill sets have gone shipments from terrorist attacks. It re- question. over to the private sector for more pay quires millions of gallons of water. We The SPEAKER pro tempore. The gen- and, in many cases, better working are in the desert; there is no water. We tleman from Colorado is recognized for conditions. are in the middle of a drought. 1 hour. Most of the Federal civil service is This is a waste of taxpayer money. Mr. PERLMUTTER. Madam Speaker, eligible for retirement within the next Let’s bury this ridiculous idea and fig- for purposes of debate only, I yield the

VerDate Mar 15 2010 00:54 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.007 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7652 CONGRESSIONAL RECORD — HOUSE November 30, 2010 customary 30 minutes to my friend in the short term, over 10 years this of the Interior and Native Americans from North Carolina, (Dr. Foxx). bill will actually save money and re- to resolve the Cobell v. Salazar case GENERAL LEAVE duce the deficit. concerning the alleged mismanage- Mr. PERLMUTTER. I also ask unani- On November 19, the Senate took up ment of royalties owed to Native mous consent that all Members be the bill, adopted an amendment in the American tribes by the Department of given 5 legislative days in which to re- nature of a substitute, and passed the the Interior. vise and extend their remarks on House bill, all by unanimous consent. The There is merit to reaching a resolu- Resolution 1736. House must pass these measures with- tion to this longstanding case. How- The SPEAKER pro tempore. Is there out any further delay. I urge my col- ever, individual Native Americans and objection to the request of the gen- leagues to vote in favor of the rule and respected Native American organiza- tleman from Colorado? the underlying bill. tions have outstanding concerns with There was no objection. I reserve the balance of my time. this settlement which they have voiced Mr. PERLMUTTER. Madam Speaker, Ms. FOXX. Madam Speaker, I yield directly to Congress. Instead of ad- I yield myself such time as I may con- myself such time as I may consume, dressing these concerns, Democrats sume. and I thank my colleague from Colo- have brought this bill to the floor Madam Speaker, House Resolution rado for yielding me this time. under a structured rule that does not 1736 provides for the consideration of Madam Speaker, I am going to talk allow Members the opportunity to fix the bill H.R. 4783, the Claims Resolu- about this rule and the underlying bill, the concerns. tion Act of 2010. It makes in order a but I have to say again, in response to One of the major concerns with this motion to concur in the Senate amend- our colleagues who were speaking just settlement is it allows plaintiff attor- ment thereon by the chairman of the before we began this debate, those neys to be paid in excess of $100 mil- Committee on Natural Resources. It across the aisle who are in the major- lion. Since every dollar paid to attor- ity by at least 39 votes, they are in the provides 1 hour of debate, with 50 min- neys comes from the pockets of indi- majority in the Senate also, and they utes of debate controlled by the Nat- vidual Native Americans, Ranking cannot continue to say that Repub- ural Resources Committee and 10 min- Member DREIER offered an amendment licans are holding any bill hostage. We utes controlled by the Ways and Means last night in the Rules Committee to do not have the capability of holding limit attorneys’ fees to $50 million, but Committee. bills hostage in this House, and it is The bill contains a number of impor- his amendment was rejected by the rul- really a concern of mine and some of tant provisions, many of which have al- ing Democrats, so we are unable to my colleagues on this side of the aisle ready passed the House. It approves consider it on the floor today. that our friends keep making that The second individual bill contained settlements in the class action law- comment. They can bring a bill up any in this legislation provides $1.15 billion suits brought against the United time they want to, just like we will be to approve the Pigford v. Glickman States Department of Agriculture by dealing with these five bills, six bills legal case in which African American African American farmers and against today. They can’t blame Republicans farmers alleged discrimination by the the Interior Department by Native for their inadequacies. Department of Agriculture when apply- Americans. ing for loans in the 1980s and 1990s. The bill will fully fund America’s ob- b 1230 Alarmingly, when this case was origi- ligations in these cases and settles Madam Speaker, I have several con- nally brought forward in 1997, it was both the Cobell and Pigford class ac- cerns with the underlying bill that the then estimated that 2,000 farmers may tion lawsuits. Both of these have been Democrats have brought before us have suffered from discrimination by in the courts and settlement talks for today. For a start, this bill is over 270 the USDA. Today, while the number years and years. pages and costs over $5.7 billion; it is widely varies, it is estimated that ap- In Cobell, the Interior Department not PAYGO-compliant; it was written proximately 65,000 potential claims was ruled at fault for mismanaging bil- behind closed doors in the dark of exist. lions of dollars in grazing land, gas, night; it does not afford Republicans Former Agriculture Secretary Ed and other royalties owed to thousands the opportunity to amend the legisla- Schafer stated that, while those who of American Indians. This settlement tion to improve the bill and to make it were discriminated against ‘‘should be will pay off roughly 500,000 plaintiffs in more responsible to the taxpayer; and reimbursed,’’ there are other hangers- the case. In Pigford, the Agriculture it combines six pieces of controversial on trying to game the system. Accord- Department discriminated against legislation of concern to my colleagues ing to former Secretary Schafer, ‘‘The thousands of African American farmers on this side of the aisle. problem you have with the class action who applied for loans and other assist- While there may be merit in address- lawsuits is a lot of people jump in that ance during the 1980s and 1990s. ing each of these items individually, to may be on the fringe, that maybe don’t The plaintiffs in these cases have combine them in one single piece of deserve it, that sounded good because waited decades for resolution of this legislation and to force a single vote their neighbor got a check. It is very matter. Justice must not be delayed with full knowledge that Members and expensive, very time consuming. Some any further. Passing this measure will their constituents have several out- people will get paid that probably don’t bring closure for hundreds of thousands standing concerns represents irrespon- deserve it. I don’t like that kind of of Americans who have been mis- sible behavior. It does not represent thing. I like to settle on merit.’’ treated or had their rights violated by the kind of governing that the people Therefore, the $1.15 billion provided the government. of this country deserve. in this bill may go to claimants who do Passage will also approve four water I do want to say to my colleague not have valid claims but, who due to rights settlements with American In- across the aisle that Republicans abhor the gross incompetency of the Federal dian tribes, providing the tribes with any type of discrimination, and inas- Government, may now receive fast- funding to rehabilitate and build new much as people have been discrimi- track payments for up to $50,000 in tax- reservoirs, irrigation and water dis- nated in this country in the past, we payer money. Approval of the Pigford tribution systems. The House has al- object to that. We abhor it. So our ob- v. Glickman settlement is not PAYGO- ready approved three out of four of jections have nothing to do with past compliant and is in addition to the $100 these settlements. discriminations but, rather, with the million already provided for in this Another critical provision in this bill way that money is being spent and the case by the 2008 farm bill. is the extension of Temporary Assist- way bills are being brought up contin- The next four bills contained in this ance to Needy Families, also known as ually under closed rules. legislation are four separate water TANF. This comes at a time when so This bill contains two bills which set- rights settlements with Native Amer- many Americans are struggling finan- tle two different class action lawsuits ican tribes. Taken together, they di- cially and are due to lose the support and four bills approving four different rect the government to fund nearly $1 of this program if the House does not water rights settlements. billion and to participate in the con- act. While the Senate amendments we It provides $3.4 billion to approve a struction and maintenance of the spec- are considering today incur more costs settlement reached by the Department ified local water systems.

VerDate Mar 15 2010 00:54 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.010 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7653 The first water rights settlement in- will set a new course toward protecting D.C., and other locations to assist in cluded in this bill provides $324.5 mil- individual liberty and shrinking the administering the Pigford I settlement. lion to create a new rural water system unending expansion of the suffocating They distributed $1.05 billion to Afri- with the White Mountain Apache Tribe Federal bureaucracy. That’s why I will can American farmers, some of whom in Arizona. The second water rights urge my colleagues to vote ‘‘no’’ on were discriminated against. All of settlement included in this bill pro- this irresponsible rule and on the un- those that were discriminated against I vides $136 million to approve a settle- derlying legislation. would agree, I think with all of my col- ment agreement among the Taos Pueb- I reserve the balance of my time. leagues, that they should be com- lo, the Federal Government and the Mr. PERLMUTTER. In response to pensated to the degree that is prac- State of New Mexico. The third water my friend from North Carolina, I would ticable by law. However, as I sat down rights settlement included in this bill say that the Republicans in the United with the individuals that were admin- provides $465 million to approve the States Senate are the ones who have istering the Pigford I settlement, and 1999 settlement between the Crow Na- been holding up legislation just as this one of them came back with a box of tion and the State of Montana. The until they get what they want. They file forms and applications sick to his fourth water rights settlement in- put all these things together, and send stomach and told me that he had been cluded in this bill authorizes $199 mil- it back to the House. compelled to engage in a practice that lion to approve the controversial With that, I yield 3 minutes to my he believed was 75 percent fraudulent Aamodt Litigation Settlement in New friend from Missouri (Mr. CLAY). at a minimum, I thought that was a Mexico. Mr. CLAY. Madam Speaker, today I high and shocking number and put the Although some of these settlements rise to urge the adoption of this rule as information away until it emerged are well-intended, there are fiscal con- well as the underlying bill. again and again in this Congress. It cerns and a multitude of unanswered I support this funding to right two emerged before the Judiciary Com- questions that still need to be ad- historic wrongs that have tarnished mittee in hearings before the com- dressed. our Nation for far too long—the mittee on Pigford II to open it up It is unclear whether these settle- Pigford and Cobell settlements. It is a again. There, the president of the ment amounts are in the best interest sad truth that the USDA, under both Black Farmers Organization, John of U.S. taxpayers. The Republicans on Republican and Democratic adminis- Boyd, testified under oath that there the Natural Resources Committee trations, have previously engaged in are 18,000 black farmers. As I go back asked the Department of Justice well-documented discrimination in through the USDA records, I can find a months ago whether these settlement loan, grant and trust programs. peak of perhaps as many as 36,000, but amounts represent a net benefit to tax- These indefensible actions adversely his number of 18,000 sticks in my mind. payers as compared to the con- affected thousands of African American We are up to 94,000 claims, Madam sequences and costs of litigation, but and Native American farmers. Patterns Speaker, and 18,000 black farmers. And we have not yet received a response. of discrimination resulted in the fore- if you presume that everyone was dis- Voting to approve these water rights closures of family farms and in severe criminated against—which I reject on settlements forces Congress to be an financial hardships, some of which are its face—we are looking at something arbitrator between sides involved in still being felt to this day. here that is a multiplier beyond what litigation. That is not a role that Con- In my home State of Missouri, I have this Congress ever intended. And as the gress should be forced to assume with- personally met with numerous African gentlelady from North Carolina said, out sufficient information, information American farmers who were misled, an anticipated couple of thousand ap- which still has not been provided by discriminated against and, in some plicants turns into now 90,000-plus ap- the Department of Justice. These set- cases, deliberately deceived by the plicants, of which perhaps two-thirds of tlements would be better resolved at USDA. These descendants of freed them may be successful in their $50,000 the local level. slaves were victimized by their own stipend. As Representatives, we owe it to our government time and time again. There was a statute of limitations. constituents to make sure settlements That consent decree was closed April are not being made that will overcom- b 1240 14, 1999, and since that time it has been pensate a group or locality at the ex- In Congress, compensation for opened up a second time. The Ag Com- pense of the taxpayers. There is no doc- Pigford I, Pigford II and Cobell has mittee is the other component of this. umentation that these settlements been blocked by partisan attempts to Myself and Congressman GOODLATTE of would save the taxpayers money, and politicize this issue. This delay is inex- Virginia are the only two that serve on therefore it is unclear whether Con- cusable. This is not about politics; it is Judiciary and on Ag. There, in the 2008 gress is fulfilling its fiduciary respon- a test of our commitment to honesty, farm bill, the chairman of the Ag Com- sibilities to the taxpayer. fairness, and justice for all. mittee, Mr. PETERSON, put in $100 mil- As my colleague from Colorado said a Today we have a bipartisan oppor- lion to be the end, the settlement of little bit ago, the philosophy of our tunity to end this obstruction and fi- Pigford. That was going to be the end friends across the aisle is that spending nally do the right thing for those of it for all time. We had an intense saves money. That isn’t an argument whom this government has failed. I conversation on that. I said it will be that the American people are buying urge my colleagues on both sides of the an additional $1.3 billion; he insisted anymore. As you can see, Madam aisle to exercise our shared sense of that $100 million would end it. I have Speaker, each of these six bills has in- American decency to swiftly pass this the language here, Madam Speaker, dividual concerns that must be ad- bill and the rule as we take final action that puts the cap on this at $100 mil- dressed on the floor of the House. In- together to resolve this grave injustice. lion. Here we are, 2 short years later, stead of affording Members the oppor- Ms. FOXX. Madam Speaker, I yield 5 with $1.3 billion, and the people that tunity to fix these bills, however, the minutes to my colleague from Iowa I’m talking to that have administered bill before us today is another rep- (Mr. KING). this at higher levels yet than those resentation of the failed Democrat Mr. KING of Iowa. I thank the gen- that first brought it to my attention strategy for passing legislation: throw tlelady from North Carolina for yield- tell me that the levels of fraud are numerous bills together into one cum- ing. higher yet. And it is not just $50,000, bersome legislative vehicle; slap an I come to the floor troubled, consid- it’s $50,000 plus 25 percent of that check outrageous price tag on it; waive erably troubled by—and in opposition that goes to the IRS to pay the tax li- PAYGO; and call for an immediate vote to the rule—by this Pigford settlement ability, so there’s another $12,500. under a structured rule which does not proposal that we’ve heard about just Judge Paul Friedman estimated the allow for any amendments. now. debt that would be forgiven would be The American people have grown It was brought to my attention some- an average of $100,000 per black farmer tired of waiting for real solutions to time after I was elected to Congress. I and another 25 percent IRS checks. So their problems. Fortunately, help is on had a number of Iowa USDA employees we’re at $187,500, and still this Congress the way, and in January, this House that were deployed to Washington, has no access to the records other than

VerDate Mar 15 2010 02:18 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.011 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7654 CONGRESSIONAL RECORD — HOUSE November 30, 2010 those that have been spirited out of the gress that this section be liberally construed claim in accordance with section 9(b)(i) of USDA. so as to effectuate its remedial purpose of the consent decree. So it isn’t just that we should not giving a full determination on the merits for (B) RELIEF.—A claimant who prevails on a fund this; there is no deal. There was each Pigford claim previously denied that claim of discrimination involving a non- no Congress directive that sent Eric determination. credit benefit program of the Department (e) LOAN DATA.— shall be entitled to a payment by the Depart- Holder and Tom Vilsack to sit down (1) REPORT TO PERSON SUBMITTING PETI- ment in a total amount of $3,000, without re- with John Boyd of the Black Farmers TION.— gard to the number of such claims on which and make a new deal and come to this (A) IN GENERAL.—Not later than 120 days the claimant prevails. Congress and say appropriate $1.5 bil- after the Secretary receives notice of a com- (g) ACTUAL DAMAGES.—A claimant who lion additional dollars to fund the plaint filed by a claimant under subsection files a claim under this section for discrimi- Pigford II. That was their elective. In (b), the Secretary shall provide to the claim- nation under subsection (b) but not under fact, that was their elective in the face ant a report on farm credit loans and non- subsection (f) and who prevails on the claim of Congress’ direction that it would be credit benefits, as appropriate, made within shall be entitled to actual damages sustained the claimant’s county (or if no documents by the claimant. capped at $100 million in the 2008 farm are found, within an adjacent county as de- (h) LIMITATION ON FORECLOSURES.—Not- bill. There is no deal unless Congress termined by the claimant), by the Depart- withstanding any other provision of law, authorizes this today. And if we do so, ment during the period beginning on Janu- during the pendency of a Pigford claim, the we are asking Members that haven’t ary 1 of the year preceding the period cov- Secretary may not begin acceleration on or had access to the information to ratify ered by the complaint and ending on Decem- foreclosure of a loan if— an agreement that was put together by ber 31 of the year following the period. (1) the borrower is a Pigford claimant; and Eric Holder and Tom Vilsack at their (B) REQUIREMENTS.—A report under sub- (2) makes a prima facie case in an appro- own volition, not by the direction of paragraph (A) shall contain information on priate administrative proceeding that the all persons whose application for a loan or acceleration or foreclosure is related to a Congress. benefit was accepted, including— Pigford claim. The next Congress has an obligation (i) the race of the applicant; (i) FUNDING.— to look into these records and check (ii) the date of application; (1) IN GENERAL.—Of the funds of the Com- the data and follow through the (iii) the date of the loan or benefit deci- modity Credit Corporation, the Secretary threads of fraud and be honest with the sion, as appropriate; shall make available for payments and debt American taxpayers and make sure (iv) the location of the office making the relief in satisfaction of claims against the that those that have been discrimi- loan or benefit decision, as appropriate; United States under subsection (b) and for nated against are compensated. But (v) all data relevant to the decisionmaking any actions under subsection (g) $100,000,000 process for the loan or benefit, as appro- the central point here is this, Madam for fiscal year 2008, to remain available until priate; and expended. Speaker: For the altogether $2.3 billion (vi) all data relevant to the servicing of the (2) AUTHORIZATION OF APPROPRIATIONS.—In that the taxpayers have accepted this loan or benefit, as appropriate. addition to funds made available under para- liability, there hasn’t been one USDA (2) NO PERSONALLY IDENTIFIABLE INFORMA- graph (1), there are authorized to be appro- employee that has been fired or dis- TION.—The reports provided pursuant to priated such sums as are necessary to carry ciplined, not one. And the Secretary of paragraph (1) shall not contain any informa- out this section. Agriculture tells me he’s not willing to tion that would identify any person who ap- (j) REPORTING REQUIREMENTS.— relitigate Pigford I, he’s not willing to plied for a loan from the Department. (1) IN GENERAL.—Not later than 180 days (3) REPORTING DEADLINE.— open up the records to allow us to look after the date of the enactment of this Act (A) IN GENERAL.—The Secretary shall— and every 180 days thereafter until the funds at it, and he’s not willing to allow us to (i) provide to claimants the reports re- made available under subsection (i) are de- look over his shoulder to assure that quired under paragraph (1) as quickly as pleted, the Secretary shall submit to the Pigford II is less fraudulent than practicable after the Secretary receives no- Committee on the Judiciary of the House of Pigford I. tice of a complaint filed by a claimant under Representatives and the Committee on the For all of these reasons, I ask my col- subsection (b); and Judiciary of the Senate a report that de- leagues to vote ‘‘no’’ on the rule and (ii) devote such resources of the Depart- scribes the status of available funds under ‘‘no’’ on the bill. ment as are necessary to make providing the subsection (i) and the number of pending reports expeditiously a high priority of the H.R. 2419 SEC. 14012. DETERMINATION ON claims under subsection (f). Department. MERITS OF PIGFORD CLAIMS. (2) DEPLETION OF FUNDS REPORT.—In addi- (B) EXTENSION.—A court may extend the tion to the reports required under paragraph (a) DEFINITIONS.—In this section: deadline for providing the report required in (1), the Secretary shall submit to the Com- (1) CONSENT DECREE.—The term ‘consent a particular case under paragraph (1) if the mittee on the Judiciary of the House of Rep- decree’ means the consent decree in the case Secretary establishes that meeting the dead- resentatives and the Committee on the Judi- of Pigford v. Glickman, approved by the line is not feasible and demonstrates a con- ciary of the Senate a report that notifies the United States District Court for the District tinuing effort and commitment to provide Committees when 75 percent of the funds of Columbia on April 14, 1999. the required report expeditiously. (2) DEPARTMENT.—The term ‘Department’ made available under subsection (i)(1) have (f) EXPEDITED RESOLUTIONS AUTHORIZED.— means the Department of Agriculture. been depleted. (1) IN GENERAL.—Any person filing a com- (3) PIGFORD CLAIM.—The term ‘Pigford (k) TERMINATION OF AUTHORITY.—The au- plaint under this section for discrimination claim’ means a discrimination complaint, as thority to file a claim under this section ter- in the application for, or making or servicing defined by section 1(h) of the consent decree minates 2 years after the date of the enact- of, a farm loan, at the discretion of the per- and documented under section 5(b) of the ment of this Act. son, may seek liquidated damages of $50,000, consent decree. Mr. PERLMUTTER. I would just say discharge of the debt that was incurred (4) PIGFORD CLAIMANT.—The term ‘Pigford to my friend from Iowa that the settle- claimant’ means an individual who pre- under, or affected by, the 1 or more programs that were the subject of the 1 or more dis- ment now applies to all African Amer- viously submitted a late-filing request under ican farmers who were discriminated section 5(g) of the consent decree. crimination claims that are the subject of (b) DETERMINATION ON MERITS.—Any the person’s complaint, and a tax payment in against, not just those that filed their Pigford claimant who has not previously ob- the amount equal to 25 percent of the liq- claim by 1997, and as a consequence, tained a determination on the merits of a uidated damages and loan principal dis- it’s a much broader class that is being Pigford claim may, in a civil action brought charged, in which case— settled with. We just can’t have this (A) if only such damages, debt discharge, in the United States District Court for the kind of discrimination going on in this District of Columbia, obtain that determina- and tax payment are sought, the complain- ant shall be able to prove the case of the country, and America needs to pay its tion. debts and not allow this kind of dis- (c) LIMITATION.— complainant by substantial evidence (as de- (1) IN GENERAL.—Subject to paragraph (2), fined in section 1(1) of the consent decree); crimination to go forward. all payments or debt relief (including any and Madam Speaker, I yield 2 minutes to limitation on foreclosure under subsection (B) the court shall decide the case based on my friend from Ohio, Congresswoman (h)) shall be made exclusively from funds a review of documents submitted by the FUDGE. made available under subsection (i). complainant and defendant relevant to the Ms. FUDGE. Thank you for the time. (2) MAXIMUM AMOUNT.—The total amount issues of liability and damages. Madam Speaker, here we go again. of payments and debt relief pursuant to ac- (2) NONCREDIT CLAIMS.— It’s just a matter of delay, delay, no, tions commenced under subsection (b) shall (A) STANDARD.—In any case in which a not exceed $100,000,000. claimant asserts a noncredit claim under a no, no. (d) INTENT OF CONGRESS AS TO REMEDIAL benefit program of the Department, the Eleven years ago, tens of thousands NATURE OF SECTION.—It is the intent of Con- court shall determine the merits of the of black farmers settled a landmark

VerDate Mar 15 2010 05:15 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.013 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7655 court case which addressed years and disposable income, $38 billion from per- mote policies to help restore America’s years of discrimination by the Depart- sonal savings, and $33 billion from busi- economic vitality. ment of Agriculture. Finally, finally, ness investments. With that, Madam Speaker, I reserve today, Madam Speaker, these farmers, That would raise taxes on the 55 per- the balance of my time. these men and women who literally put cent of all joint filers earning more Mr. PERLMUTTER. Madam Speaker, food on our tables are receiving justice. than $250,000 who run small businesses I would remind the body that we’re While litigation against the USDA that employ others; cost the average here to discuss Cobell v. Salazar, for discrimination against black farm- nonfarm small business owner $3,500 Pigford v. Glickman, plus the settle- ers began in August of 1997 with the more in taxes; cost the 49 percent of all ment of a number of water right cases. Pigford and Glickman case, the injus- seniors with income below $250,000 525 But even having said that, I would tice has spanned decades. Over 66,000 more dollars in additional dividend like to respond to my friend from black farmers were routinely denied taxes, and cost the 25 percent of seniors North Carolina that not even the Re- USDA farm loans or forced to wait, to with income below $250,000 $742 in high- publican Congress that set forth these wait and wait for loan approvals much er taxes. tax cuts for millionaires and billion- longer than non-minorities. These President Obama’s plan to allow por- aires thought they would go on forever. farmers faced foreclosure and financial tions of the 2001 and 2003 tax rates to They set them so that they would ex- ruin because of USDA’s discriminatory expire, resulting in steep tax hikes be- pire at the end of this year so that this denials and unconscionable actions. ginning in January of 2011 for small Nation would have the revenue that it Many of these farmers died, helplessly, businesses and those earning $250,000 or needs to pay its bills. But the Repub- hopelessly waiting for justice. Today, more would significantly affect the licans who have now taken this House finally this Congress will pass the fund- economy in North Carolina, most nota- want to continue those tax cuts for ing legislation, which is about more bly in the number of jobs and changes millionaires and billionaires so that than just money; today’s vote is about in personal income. this country can’t pay its bills as it’s justice. According to the Heritage Founda- supposed to. Now, make no mistake, I do indeed tion, from 2011 to 2020, North Carolina’s So the tax cuts, prosecuting two wars take issue with redirecting money from Fifth Congressional District would without paying for them, allowing the our Nation’s needy infants and children lose, on average, 1,577 jobs annually; bottom to fall out of Wall Street with- to right this wrong. However, justice lose, per household, $4,647 in total dis- out any regulation sent this country delayed is justice denied, and I would posable income; and see total district- into a huge deficit which has to stop, hope that my colleagues across the wide individual income taxes increase and it has to stop now. aisle who keep talking about fraud, by $827 million. Now, we’ve seen, since we’ve passed we’ve been talking about Pigford for The job-killing consequences con- the Recovery Act, growth in the econ- years, if there is fraud, where is your tinue with evidence based on a simula- omy, not that loss of 6 percent as we proof? Madam Speaker, I say today tion of the Moody’s Analytics macro- saw in the final quarter of the Bush ad- that there is no fraud. The courts have economic model, which indicates that ministration. But we’ve seen five con- put in every single hoop they can pos- an across-the-board tax increase would secutive quarters of growth. We’ve seen sibly put in for black farmers to jump precipitate a double-dip recession dur- increased employment from the private through. It is time for us to pay these ing the first half of 2011; leave employ- sector. We have a long way to go, and people their just due. ment in decline throughout 2011, ulti- tax cuts for millionaires and billion- Ms. FOXX. Madam Speaker, I yield mately leading to 8.6 million fewer jobs aires are not the way to do it. myself such time as I may consume. than we had in 2007; aggravate the un- With that, I yield 31⁄2 minutes to my I think the debate on this bill today employment rate, which would remain friend from Texas, Congresswoman points out why we have such a broken above 10 percent through late 2012; pro- JACKSON LEE. system in this country right now. mote a sluggish GDP growth of 0.9 per- Ms. JACKSON LEE of Texas. Let me cent in 2011; and prevent a return to thank my good friend from Colorado, b 1250 full employment until 2015. and I will agree with you that this un- The Federal Government has no busi- Although the proposal to increase in- derlying bill is not a bill about billion- ness being in the farm business. We come taxes for those earning over aires and millionaires. need to get our Federal Government $250,000 technically applies to 2 percent I am delighted to rise now and sup- back to the intended purposes of the of taxpayers, the simple truth is that port H.R. 4783, which has been amended Federal Government, which are very the top two income brackets play a by the Senate. And I will tell you that limited in our Constitution. Every critical role in keeping the economy this bill is not an entitlement. It is a time the Federal Government gets in- running, as they already contribute 50 bill that was earned by the sweat and volved in things it has no business get- percent of all tax dollars, spend 25 per- tears and the loss of land and the death ting involved in, they go awry, and I cent of U.S. personal outlays, and gen- of many who stood for the empower- think the arguments from our col- erate 50 percent of small business in- ment on the basis of the ownership of leagues across the aisle point that out. come. land that would generate a legacy for I also want to point out that con- Those with income under $250,000 will those who happened to be Native Amer- trary to statements repeated over and be impacted by the increase in divi- icans and, as well, justice for those who over again by our colleagues across the dends and capital gains taxes as 24 per- happened to be African Americans. aisle, Americans have not enjoyed any cent of tax filers with incomes less I’m delighted that we have come to a tax cuts in the past 4 years since they than $250,000 would be hit by increased conclusion on the Cobell settlement have been in charge of this Congress. dividend taxes and 10 percent by in- and the Pigford settlement—one deal- To the contrary, the House Republican creased capital gains taxes. Further- ing with the trust lands of Native Ways and Means Committee has high- more, half of seniors earning under Americans, and the other dealing with lighted more than $680 billion in tax in- $250,000 would have to pay higher taxes the inequities in the Department of Ag- creases that have been imposed on the for dividends, capital gains, or both. riculture dealing with black farmers. American people since the ruling lib- Over the next 10 years, the Heritage This is the work of the Agriculture eral Democrats took control of Wash- Foundation projects a $1.1 trillion GDP Committee, and it’s the work of the ington in January of 2009. Now, because loss if current tax rates are not ex- Judiciary Committee, the Department of Democrat inaction, the American tended. of Justice, and President Obama’s ad- people are looking at the largest tax The case is clear. The Democrats’ ministration. increase in the history of our country, misguided tax plan is motivated by How many of you have stood along- which would affect all married couples, class warfare, not sound economic pol- side of farmers who have had tears in all families with children, seniors, and icy. their eyes because the only thing they small businesses. That would destroy Fortunately, Americans roundly re- wanted to do is to till the soil and to an average of 693 jobs every year jected this incompetent governance produce for the American people? This through 2020; drain $726 billion from and Republicans stand ready to pro- has happened across America. The

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.014 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7656 CONGRESSIONAL RECORD — HOUSE November 30, 2010 name of Shirley Sherrod, who at- both know this had to be dealt with, Americans made it very clear they tempted in her new appointment to but they seem to want to leave every- want the Washington spending spree to make sure that all farmers were in- thing until the last possible minute end. Democrats, however, have turned cluded as related to the resources of and then blame Republicans because a deaf ear, and still want to pass a dis- the Department of Agriculture. How something isn’t being done. Well, la- astrous $1.1 trillion spending bill in the many of you have heard of stories dies and gentlemen, that is just not the lame duck session of Congress. The where one farmer would get a small case. Our colleagues across the aisle, growing deficits under the Democrats’ pittance of a loan and another farmer the Democrats, are in control. They leadership will ultimately lead to a would not just because of the color of could have brought the tax increase lower standard of living and less oppor- their skin, and it would result in a bill up any time they wanted to. They tunity for future generations of Ameri- bankruptcy, a loss of land? refused to do it. They have left it until cans. As spending by the Federal Gov- America is a place of equality. And the last minute. We need to remind the ernment grows to unsustainable levels, so to the Apache Tribe, the Crow Tribe, American people of that, and we are the U.S. will sacrifice its sovereignty the Taos Pueblo Tribe dealing with not going to be told that we are hold- by becoming dependent on debt bor- water rights, legitimate issues address- ing something hostage. rowed from foreign countries. As the ing native lands have now been re- I would also like to point out to my Nation’s debt grows, confidence in fi- solved. This is not a handout. The colleague from Colorado that when the nancial markets will erode and propel courts determined that the Native stimulus bill was passed, what you call the U.S. into a perpetual economic spi- Americans prevailed, and they deter- the Recovery Act, we were promised, ral. mined over 2 or 3 years ago that the the American people were promised Everything from a senseless energy black farmers prevailed as well. There that unemployment would not go tax, government takeover of health was an inequity in addressing the ques- above 8 percent. The Treasury Depart- care, bailouts of the auto industry, tion of treatment under the Depart- ment recently issued its Final Monthly megabanks, and the European Union, ment of Agriculture. Treasury Statement for Fiscal Year combined with endless tax and spend- So who are we as a Nation? We are 2010. This statement indicated the def- ing increases leave the American peo- proud Americans who have been able to icit for that fiscal year totaled $1.294 ple sitting in amazement wondering produce our own food. That has been trillion, or 8.9 percent of GDP. This is where the imagination of these Euro- one of the elements of our greatness. only the second time in history that an pean wannabes will lead us next. These farmers simply wanted to do annual deficit has exceeded $1 trillion. As the American people have been what was right by America, and they When was the last time? Last year, scared to death witnessing the deterio- were not allowed to do so. when again we had a Democratic Presi- ration of everything from the economy, And with respect to Native American dent and Democrats in control of the foreign policy, and national security, lands and the trust of dealing with, Congress. they should know that fortunately specifically, water rights, these were Over the past 22 months, President there is a choice between the same old lands owned and designated histori- Obama and congressional Democrats tired liberal agenda and new, innova- cally by law, but they were not treated have embarked on an unprecedented tive solutions being offered by the right and we have now addressed that spending spree that has lowered eco- GOP. question. nomic growth, reduced investment, in- In September, House Republicans put creased the cost of borrowing, and forward a pledge that will put America b 1300 killed American jobs. Now, rather than on a path toward economic prosperity. This legislation is paid for. So I sup- reducing spending, Democrats hope to The pledge includes actions that will port the rule and the underlying bill. move a $1.11 trillion omnibus discre- create jobs, end economic uncertainty, But I don’t want my colleagues to rise tionary spending bill that would in- and make America more competitive. mistakenly to the floor and suggest crease expenditures by hundreds of bil- Specifically, the pledge would perma- that we are handing out dollars, that lions of dollars. In doing so, Democrats nently stop all job-killing tax hikes; we are not paying for dollars, that we are ignoring the clear message of the allow small business owners a 20 per- are not being fiscally responsible. We American people and endangering the cent tax deduction against income to are. And I ask my colleagues to sup- well-being of future generations. allow capital formation and invest- port this. Since President Obama took office in ment, which will stimulate business ex- Justice finally has arrived, and it is January 2009, the liberals ruling over pansion and new hiring; require con- time for us to accept the call to justice Washington have implemented an gressional approval of costly regula- and provide for those who simply want agenda of record spending and deficits tions to reduce the cost burden that to provide for the American people in that’s unprecedented in this country’s government growth imposes on busi- their own way. Thank you for this set- history. Since the liberals seized con- nesses; repeal the ObamaCare 1099 re- tlement for black farmers and Native trol of the White House and Congress quirement, to eliminate the wasteful Americans. last year, profligate spending has led to and expensive mandate that all busi- Ms. FOXX. Madam Speaker, I yield $2.51 trillion in budget deficits. To give nesses report vendor purchases in ex- myself the balance of my time. a little perspective, the total amount cess of $600 annually; immediately cut I realize that we are here to debate of deficit spending in the first 22 government spending to pre-bailout something other than the continuation months of President Obama’s adminis- levels to save at least $100 billion in of the tax cuts and staving off the tax tration is more than the combined defi- the first year, and put the Federal Gov- increases which are coming right cits of President Bush 43’s administra- ernment on a path to balance the budg- around the corner. However, it is im- tion over 8 years, which were pre- et and pay down the debt, moving away portant that we continue to remind the viously the highest deficits of any from a debt-driven economy, and elimi- American people that our colleagues President in history. nating the fear that unsustainable across the aisle continue to refuse to In the 22 months since President spending has created. deal with what’s the most important Obama moved into the White House, The evidence is in, Madam Speaker: issue that we need to be dealing with. Democrats have spent $6.1 trillion, The liberal Democrat agenda has Instead, we are here day after day, day which is more than the first 22 months failed. They need to go back to the after day naming post offices and cele- of the administrations of President drawing board and come back to the brating anniversaries of sports figures Clinton and Bush 43 combined. American people with real solutions to when our colleagues have known that The Treasury Department reported their real problems. This isn’t the time the tax increases were going to occur that in October 2010 alone, the govern- to dither and blame the Republican mi- on January 1, 2011, since that bill was ment spent $24.1 billion to make inter- nority for the disappointing collapse of passed. But they have been in control est payments on the money it bor- governance we have seen since the lib- for 4 years, and they have refused to rowed. In fiscal year 2010, the govern- eral majority seized control of Con- deal with it. ment has spent $414 billion on interest gress in 2007. Furthermore, we have a President payments, an amount equal to 32 per- I urge my colleagues to take this op- and a Congress of the same party. They cent of our deficit. portunity to force the ruling liberal

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.063 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7657 Democrats to rethink their misguided President is about. It is about honoring Shea-Porter Sutton Walz proposals by rejecting this rule and the our commitments and stopping dis- Sherman Tanner Wasserman Sires Teague Schultz underlying bill to protest the liberal crimination. Skelton Thompson (CA) Waters agenda that continues to distract from I am pleased we are going to pass this Slaughter Thompson (MS) Watson private sector job creation and getting bill today, and I hope that all Members Smith (WA) Tierney Watt Snyder Titus the economy back on its feet. support it and not delay any further Weiner Space Tonko Welch With that, Madam Speaker, I yield Speier Towns these rightful claims that have existed Wilson (OH) Spratt Van Hollen back the balance of my time. for so long. Yarmuth Mr. PERLMUTTER. Madam Speaker, Stark Vela´ zquez With that I urge a ‘‘yes’’ vote on the Stupak Visclosky I guess I have a completely opposite previous question and on the rule. view of my friend from North Carolina Madam Speaker, I yield back the bal- NAYS—168 as to the importance of this bill. The ance of my time, and I move the pre- Aderholt Frelinghuysen Miller (MI) payment for wrongs against thousands Adler (NJ) Gallegly Miller, Gary vious question on the resolution. Akin Garrett (NJ) Murphy (NY) and thousands and thousands of people The previous question was ordered. Alexander Gerlach Murphy, Tim that were delayed under Republican The SPEAKER pro tempore. The Austria Gingrey (GA) Neugebauer Congresses, Republican Presidents, it question is on the resolution. Bachmann Gohmert Nunes is about time that we settle these cases Bachus Goodlatte Olson The question was taken; and the Bartlett Granger Paul and pay the bills to people who were ei- Speaker pro tempore announced that Barton (TX) Graves (GA) Paulsen ther discriminated against or had their the ayes appeared to have it. Berry Graves (MO) Pence trust moneys bungled by the Interior Biggert Griffith Petri Ms. FOXX. Madam Speaker, on that I Bilbray Guthrie Department. Pitts demand the yeas and nays. Bilirakis Hall (TX) Platts We actually, through the course of The yeas and nays were ordered. Blackburn Harper Poe (TX) all this, had one Interior Secretary Blunt Hastings (WA) Posey The vote was taken by electronic de- Boehner Heller Price (GA) under a Republican President who got vice, and there were—yeas 223, nays Bonner Hensarling Reed herself in trouble. Ultimately, it was Bono Mack Herseth Sandlin 168, not voting 42, as follows: Rehberg Boozman Hoekstra all resolved. Now it’s time to settle Reichert [Roll No. 583] Boren Hunter these particular cases. Decades of liti- Roe (TN) Boustany Issa YEAS—223 Rogers (AL) gation, decades of settlement talks. It Brady (TX) Jenkins Ackerman Filner Rogers (KY) is a red-letter day that the discrimina- McDermott Bright Johnson (IL) Altmire Foster Rogers (MI) McGovern Broun (GA) Johnson, Sam tion and the mismanagement that Andrews Frank (MA) Rohrabacher McIntyre Brown (SC) Jones Arcuri Garamendi Rooney harmed so many people are resolved. McMahon Buchanan Jordan (OH) Baca Gonzalez McNerney Burgess King (IA) Roskam b 1310 Baldwin Gordon (TN) Meek (FL) Calvert King (NY) Royce Barrow Grayson That’s the purpose. That’s why this Meeks (NY) Camp Kingston Ryan (WI) Bean Green, Al Melancon Campbell Kline (MN) Scalise has been a bipartisan bill and I hope Becerra Green, Gene Michaud Cantor Lamborn Schmidt Berkley Grijalva will be a bipartisan vote later today Miller (NC) Cao Lance Schock Berman Gutierrez when we take up the bill. Miller, George Capito Latham Sensenbrenner Bishop (GA) Hall (NY) Minnick Carter LaTourette Sessions There are 500,000 Native Americans Bishop (NY) Halvorson Mitchell Cassidy Latta Shimkus whose communities were deprived of Blumenauer Hare Mollohan Castle Lee (NY) Shuler Boccieri Harman revenue rightfully and legally owed to Moore (KS) Chaffetz Lewis (CA) Shuster Boswell Heinrich them for commercial development of Moore (WI) Coble Linder Simpson Boucher Herger Moran (VA) Coffman (CO) LoBiondo Smith (NE) their land. There are thousands of Boyd Higgins Murphy (CT) Cole Lucas Smith (NJ) Brady (PA) Hinchey other Native Americans whose commu- Murphy, Patrick Conaway Luetkemeyer Smith (TX) Braley (IA) Hinojosa nities will benefit by completing long Nadler (NY) Crenshaw Lummis Stearns Brown, Corrine Hirono Napolitano Culberson Lungren, Daniel Stutzman overdue water projects. Butterfield Hodes Neal (MA) Davis (KY) E. Sullivan There are also 70,000 farmers in the Capps Holden Nye Dent Mack Terry Capuano Holt Pigford case who were deprived of their Obey Diaz-Balart, L. Manzullo Thompson (PA) Cardoza Hoyer ability to farm because of their race, Olver Donnelly (IN) Matheson Thornberry Carnahan Inslee Owens Dreier McCarthy (CA) Tiberi out and out discrimination. Hundreds Carson (IN) Israel Pallone Duncan McCaul Turner Castor (FL) Jackson (IL) of thousands of Americans will receive Pascrell Ehlers McClintock Upton Childers Jackson Lee some help this holiday season because Pastor (AZ) Emerson McCotter Walden Chu (TX) Payne Flake McHenry Westmoreland we will extend temporary assistance Clarke Johnson (GA) Perlmutter Fleming McKeon Whitfield for needy families. Clay Johnson, E. B. Perriello Forbes McMorris Wilson (SC) Clyburn Kagen My Republican friends like to talk Peters Fortenberry Rodgers Wolf Cohen Kanjorski about tax cuts for millionaires and bil- Peterson Foxx Mica Young (AK) Connolly (VA) Kaptur Pingree (ME) Franks (AZ) Miller (FL) Young (FL) lionaires, tax cuts that were supposed Cooper Kennedy Polis (CO) to expire, have been planned to expire Costa Kildee Pomeroy NOT VOTING—42 Costello Kilpatrick (MI) Price (NC) by a Republican Congress from the be- Baird Edwards (TX) Ortiz Courtney Kilroy Quigley Barrett (SC) Fallin ginning of the decade. This isn’t some- Critz Kind Rahall Putnam Bishop (UT) Fudge thing new. This isn’t some big surprise. Crowley Kirkpatrick (AZ) Rangel Radanovich Brown-Waite, Giffords Cuellar Kissell Reyes Ros-Lehtinen But the Republicans in the House and Ginny Hastings (FL) Cummings Klein (FL) Richardson Shadegg the Republicans in the Senate would Burton (IN) Hill Dahlkemper Kosmas Rodriguez Taylor Buyer Himes like to hole up and do nothing until Davis (CA) Kratovil Ross Tiahrt Carney Honda their friends, the millionaires and bil- Davis (IL) Kucinich Rothman (NJ) Tsongas Chandler Inglis Davis (TN) Larsen (WA) Roybal-Allard Wamp lionaires, continue these tax cuts, and Cleaver Langevin DeGette Larson (CT) Ruppersberger Waxman at the same time stop payment and Conyers Lee (CA) Delahunt Levin Rush Wittman Davis (AL) Marchant satisfaction of claims that have been DeLauro Lewis (GA) Ryan (OH) DeFazio Moran (KS) Woolsey Dicks Lipinski Salazar long overdue to these hundreds of thou- Deutch Myrick Wu Dingell Loebsack Sa´ nchez, Linda sands of Native Americans and thou- Diaz-Balart, M. Oberstar Djou Lofgren, Zoe T. sands and thousands of black farmers, Doggett Lowey Sanchez, Loretta as well as millions of people who need Doyle Luja´ n Sarbanes b 1343 assistance under the Temporary Assist- Driehaus Lynch Schakowsky Messrs. RYAN of Wisconsin, SMITH Edwards (MD) Maffei Schauer ance for Needy Families. Ellison Maloney Schiff of Texas, BERRY, and KING of Iowa This country pays its bills, doesn’t Ellsworth Markey (CO) Schrader changed their vote from ‘‘yea’’ to just give tax cuts to the wealthiest Engel Markey (MA) Schwartz ‘‘nay.’’ Americans among us. That’s what this Eshoo Marshall Scott (GA) So the resolution was agreed to. Etheridge Matsui Scott (VA) Democratic Congress is about. That’s Farr McCarthy (NY) Serrano The result of the vote was announced what the Democratic Senate and this Fattah McCollum Sestak as above recorded.

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.016 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7658 CONGRESSIONAL RECORD — HOUSE November 30, 2010 A motion to reconsider was laid on Sec. 308. Satisfaction of claims. Sec. 802. Reporting of first day of earnings the table. Sec. 309. Waivers and releases of claims. to directory of new hires. Stated for: Sec. 310. White Mountain Apache Tribe Subtitle B—TANF Water Rights Settlement Sub- Ms. Giffords. Madam Speaker, on Novem- Sec. 811. Extension of the Temporary Assist- account. ance for Needy Families pro- ber 30, 2010, I missed a vote on the rule pro- Sec. 311. Miscellaneous provisions. gram. viding for consideration of H.R. 4783, the Sec. 312. Funding. Sec. 812. Modifications to TANF data report- Claims Resolution Act of 2010. Had I been Sec. 313. Antideficiency. ing. present, I would have voted ‘‘yea’’ on this Sec. 314. Compliance with environmental measure. laws. Subtitle C—Customs User Fees; Continued Dumping and Subsidy Offset Mr. GONZALEZ. Mr. Speaker, a meeting at TITLE IV—CROW TRIBE WATER RIGHTS SETTLEMENT Sec. 821. Customs user fees. the Department of Commerce prevented my Sec. 822. Limitation on distributions relat- presence in the House for a vote earlier today. Sec. 401. Short title. ing to repeal of continued Had I been present, I would have voted ‘‘yea’’ Sec. 402. Purposes. dumping and subsidy offset. on the motion to concur in the Senate Amend- Sec. 403. Definitions. Sec. 404. Ratification of Compact. Subtitle D—Emergency Fund for Indian ments to the Claims Resolution Act of 2010 Sec. 405. Rehabilitation and improvement of Safety and Health (H.R. 4783). Crow Irrigation Project. Sec. 831. Emergency Fund for Indian Safety Ms. WOOLSEY. Madam Speaker, on No- Sec. 406. Design and construction of MR&I and Health. vember 30, 2010, I was unavoidably detained System. Subtitle E—Rescission of Funds From WIC and was unable to record my vote for rollcall Sec. 407. Tribal water rights. Program No. 583. Had I been present I would have Sec. 408. Storage allocation from Bighorn Sec. 841. Rescission of funds from WIC pro- voted: Rollcall No. 583: ‘‘yes’’—Providing for Lake. gram. consideration of the Senate amendments to Sec. 409. Satisfaction of claims. Sec. 410. Waivers and releases of claims. Subtitle F—Budgetary Effects the bill (H.R. 4783) to accelerate the income Sec. 411. Crow Settlement Fund. Sec. 851. Budgetary effects. tax benefits for charitable cash contributions Sec. 412. Yellowtail Dam, Montana. TITLE I—INDIVIDUAL INDIAN MONEY for the relief of victims of the earthquake in Sec. 413. Miscellaneous provisions. ACCOUNT LITIGATION SETTLEMENT Sec. 414. Funding. Chile, and to extend the period from which SEC. 101. INDIVIDUAL INDIAN MONEY ACCOUNT such contributions for the relief of victims of Sec. 415. Repeal on failure to meet enforce- LITIGATION SETTLEMENT. ability date. the earthquake in Haiti may be accelerated. (a) DEFINITIONS.—In this section: Sec. 416. Antideficiency. f (1) AGREEMENT ON ATTORNEYS’ FEES, EX- TITLE V—TAOS PUEBLO INDIAN WATER PENSES, AND COSTS.—The term ‘‘Agreement CLAIMS RESOLUTION ACT OF 2010 RIGHTS on Attorneys’ Fees, Expenses, and Costs’’ Mr. RAHALL. Madam Speaker, pur- Sec. 501. Short title. means the agreement dated December 7, 2009, suant to House Resolution 1736, I move Sec. 502. Purposes. between Class Counsel (as defined in the Set- to take from the Speaker’s table the Sec. 503. Definitions. tlement) and the Defendants (as defined in Sec. 504. Pueblo rights. the Settlement) relating to attorneys’ fees, bill (H.R. 4783) to accelerate the income Sec. 505. Taos Pueblo Water Development expenses, and costs incurred by Class Coun- tax benefits for charitable cash con- Fund. sel in connection with the Litigation and im- tributions for the relief of victims of Sec. 506. Marketing. plementation of the Settlement, as modified the earthquake in Chile, and to extend Sec. 507. Mutual-Benefit Projects. by the parties to the Litigation. the period from which such contribu- Sec. 508. San Juan-Chama Project contracts. (2) AMENDED COMPLAINT.—The term tions for the relief of victims of the Sec. 509. Authorizations, ratifications, con- ‘‘Amended Complaint’’ means the Amended firmations, and conditions Complaint attached to the Settlement. earthquake in Haiti may be acceler- precedent. ated, with the Senate amendments (3) FINAL APPROVAL.—The term ‘‘final ap- Sec. 510. Waivers and releases of claims. proval’’ has the meaning given the term in thereto, and I have a motion at the Sec. 511. Interpretation and enforcement. the Settlement. desk. Sec. 512. Disclaimer. (4) LAND CONSOLIDATION PROGRAM.—The The Clerk read the title of the bill. Sec. 513. Antideficiency. term ‘‘Land Consolidation Program’’ means The SPEAKER pro tempore. The TITLE VI—AAMODT LITIGATION a program conducted in accordance with the Clerk will designate the Senate amend- SETTLEMENT Settlement, the Indian Land Consolidation ments. Sec. 601. Short title. Act (25 U.S.C. 2201 et seq.), and subsection The text of the Senate amendments Sec. 602. Definitions. (e)(2) under which the Secretary may pur- is as follows: Subtitle A—Pojoaque Basin Regional Water chase fractional interests in trust or re- stricted land. Senate amendments: System (5) LITIGATION.—The term ‘‘Litigation’’ Strike all after the enacting clause and in- Sec. 611. Authorization of Regional Water means the case entitled Elouise Cobell et al. sert the following: System. v. Ken Salazar et al., United States District SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 612. Operating Agreement. Court, District of Columbia, Civil Action No. (a) SHORT TITLE.—This Act may be cited as Sec. 613. Acquisition of Pueblo water supply 96–1285 (TFH). for Regional Water System. the ‘‘Claims Resolution Act of 2010’’. (6) PLAINTIFF.—The term ‘‘Plaintiff’’ Sec. 614. Delivery and allocation of Regional (b) TABLE OF CONTENTS.—The table of con- means a member of any class certified in the Water System capacity and tents of this Act is as follows: Litigation. water. Sec. 1. Short title; table of contents. (7) SECRETARY.—The term ‘‘Secretary’’ Sec. 615. Aamodt Settlement Pueblos’ Fund. means the Secretary of the Interior. TITLE I—INDIVIDUAL INDIAN MONEY Sec. 616. Environmental compliance. (8) SETTLEMENT.—The term ‘‘Settlement’’ ACCOUNT LITIGATION SETTLEMENT Sec. 617. Funding. means the Class Action Settlement Agree- Sec. 101. Individual Indian Money Account Subtitle B—Pojoaque Basin Indian Water Litigation Settlement. ment dated December 7, 2009, in the Litiga- Rights Settlement tion, as modified by the parties to the Liti- TITLE II—FINAL SETTLEMENT OF Sec. 621. Settlement Agreement and con- gation. CLAIMS FROM IN RE BLACK FARMERS tract approval. (9) TRUST ADMINISTRATION ADJUSTMENT DISCRIMINATION LITIGATION Sec. 622. Environmental compliance. FUND.—The term ‘‘Trust Administration Ad- Sec. 201. Appropriation of funds for final set- Sec. 623. Conditions precedent and enforce- justment Fund’’ means the $100,000,000 depos- tlement of claims from In re ment date. ited in the Settlement Account (as defined in Black Farmers Discrimination Sec. 624. Waivers and releases of claims. the Settlement) pursuant to subsection (j)(1) Litigation. Sec. 625. Effect. for use in making the adjustments author- TITLE III—WHITE MOUNTAIN APACHE Sec. 626. Antideficiency. ized by that subsection. TRIBE WATER RIGHTS QUANTIFICATION TITLE VII—RECLAMATION WATER (10) TRUST ADMINISTRATION CLASS.—The Sec. 301. Short title. SETTLEMENTS FUND term ‘‘Trust Administration Class’’ means Sec. 302. Purposes. Sec. 701. Mandatory appropriation. the Trust Administration Class as defined in the Settlement. Sec. 303. Definitions. TITLE VIII—GENERAL PROVISIONS Sec. 304. Approval of Agreement. (b) PURPOSE.—The purpose of this section Sec. 305. Water rights. Subtitle A—Unemployment Compensation is to authorize the Settlement. Sec. 306. Contract. Program Integrity (c) AUTHORIZATION.— Sec. 307. Authorization of WMAT rural Sec. 801. Collection of past-due, legally en- (1) IN GENERAL.—The Settlement is author- water system. forceable State debts. ized, ratified, and confirmed.

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(2) AMENDMENTS.—Any amendment to the ance with the Land Consolidation Program, board of trustees to be selected by the Sec- Settlement is authorized, ratified, and con- any fractional interest in trust or restricted retary under paragraph G.3. of the Settle- firmed, to the extent that such amendment land. ment shall be selected only after consulta- is executed to make the Settlement con- (5) TREATMENT OF UNLOCATABLE PLAIN- tion with, and after considering the names of sistent with this section. TIFFS.—A Plaintiff, the whereabouts of whom possible candidates timely offered by, feder- (d) JURISDICTIONAL PROVISIONS.— are unknown and who, after reasonable ef- ally recognized Indian tribes. (1) IN GENERAL.—Notwithstanding the limi- forts by the Secretary, cannot be located (j) TRUST ADMINISTRATION CLASS ADJUST- tation on the jurisdiction of the district during the 5-year period beginning on the MENTS.— courts of the United States in section date of final approval of the Settlement, (1) FUNDS.— 1346(a)(2) of title 28, United States Code, the shall be considered to have accepted an offer (A) IN GENERAL.—In addition to the United States District Court for the District made pursuant to the Land Consolidation amounts deposited pursuant to paragraph of Columbia shall have jurisdiction of the Program. E.2. of the Settlement, on final approval, the claims asserted in the Amended Complaint (f) TAXATION AND OTHER BENEFITS.— Secretary of the Treasury shall deposit in for purposes of the Settlement. (1) INTERNAL REVENUE CODE.—For purposes the Trust Administration Adjustment Fund (2) CERTIFICATION OF TRUST ADMINISTRATION of the Internal Revenue Code of 1986, of the Settlement Account (as defined in the CLASS.— amounts received by an individual Indian as Settlement) $100,000,000 out of the amounts (A) IN GENERAL.—Notwithstanding the re- a lump sum or a periodic payment pursuant appropriated to pay final judgments, awards, quirements of the Federal Rules of Civil Pro- to the Settlement shall not be— and compromise settlements under section cedure, the court in the Litigation may cer- (A) included in gross income; or 1304 of title 31, United States Code, to be al- tify the Trust Administration Class. (B) taken into consideration for purposes located and paid by the Claims Adminis- (B) TREATMENT.—On certification under of applying any provision of the Internal trator (as defined in the Settlement and pur- subparagraph (A), the Trust Administration Revenue Code that takes into account ex- suant to paragraph E.1.e of the Settlement) Class shall be treated as a class certified cludable income in computing adjusted gross in accordance with this subsection. under rule 23(b)(3) of the Federal Rules of income or modified adjusted gross income, (B) CONDITIONS MET.—The conditions de- Civil Procedure for purposes of the Settle- including section 86 of that Code (relating to scribed in section 1304 of title 31, United ment. Social Security and tier 1 railroad retire- States Code, shall be deemed to be met for (e) TRUST LAND CONSOLIDATION.— ment benefits). purposes of subparagraph (A). (1) TRUST LAND CONSOLIDATION FUND.— (2) OTHER BENEFITS.—Notwithstanding any (2) ADJUSTMENT.— (A) ESTABLISHMENT.—On final approval of other provision of law, for purposes of deter- (A) IN GENERAL.—After the calculation of the Settlement, there shall be established in mining initial eligibility, ongoing eligibility, the pro rata share in Section E.4.b of the the Treasury of the United States a fund, to or level of benefits under any Federal or fed- Settlement, the Trust Administration Ad- be known as the ‘‘Trust Land Consolidation erally assisted program, amounts received by Fund’’. justment Fund shall be used to increase the an individual Indian as a lump sum or a peri- minimum payment to each Trust Adminis- (B) AVAILABILITY OF AMOUNTS.—Amounts odic payment pursuant to the Settlement in the Trust Land Consolidation Fund shall tration Class Member whose pro rata share shall not be treated for any household mem- be made available to the Secretary during is— ber, during the 1-year period beginning on the 10-year period beginning on the date of (i) zero; or the date of receipt— final approval of the Settlement— (ii) greater than zero, but who would, after (A) as income for the month during which (i) to conduct the Land Consolidation Pro- adjustment under this subparagraph, other- gram; and the amounts were received; or wise receive a smaller Stage 2 payment than (ii) for other costs specified in the Settle- (B) as a resource. those Trust Administration Class Members (g) INCENTIVE AWARDS AND AWARD OF AT- ment. described in clause (i). TORNEYS’ FEES, EXPENSES, AND COSTS UNDER (C) DEPOSITS.— (B) RESULT.—The amounts in the Trust Ad- SETTLEMENT AGREEMENT.— (i) IN GENERAL.—On final approval of the ministration Adjustment Fund shall be ap- (1) IN GENERAL.—Subject to paragraph (3), Settlement, the Secretary of the Treasury plied in such a manner as to ensure, to the the court in the Litigation shall determine shall deposit in the Trust Land Consolida- extent practicable (as determined by the the amount to which the Plaintiffs in the tion Fund $1,900,000,000 out of the amounts court in the Litigation), that each Trust Ad- Litigation may be entitled for incentive appropriated to pay final judgments, awards, ministration Class Member receiving awards and for attorneys’ fees, expenses, and and compromise settlements under section amounts from the Trust Administration Ad- costs— 1304 of title 31, United States Code. justment Fund receives the same total pay- (A) in accordance with controlling law, in- (ii) CONDITIONS MET.—The conditions de- ment under Stage 2 of the Settlement after cluding, with respect to attorneys’ fees, ex- scribed in section 1304 of title 31, United making the adjustments required by this penses, and costs, any applicable rule of law States Code, shall be deemed to be met for subsection. requiring counsel to produce contempora- purposes of clause (i). (3) TIMING OF PAYMENTS.—The payments neous time, expense, and cost records in sup- (D) TRANSFERS.—In a manner designed to authorized by this subsection shall be in- port of a motion for such fees, expenses, and encourage participation in the Land Consoli- cluded with the Stage 2 payments under costs; and dation Program, the Secretary may transfer, paragraph E.4. of the Settlement. (B) giving due consideration to the special at the discretion of the Secretary, not more (k) EFFECT OF ADJUSTMENT PROVISIONS.— status of Class Members (as defined in the than $60,000,000 of amounts in the Trust Land Notwithstanding any provision of this sec- Settlement) as beneficiaries of a federally Consolidation Fund to the Indian Education tion, in the event that a court determines created and administered trust. Scholarship Holding Fund established under that the application of subsection (j) is un- (2) NOTICE OF AGREEMENT ON ATTORNEYS’ paragraph (3). fair to the Trust Administration Class— FEES, EXPENSES, AND COSTS.—The description (2) OPERATION.—The Secretary shall con- (1) subsection (j) shall not go into effect; of the request of Class Counsel for an sult with Indian tribes to identify fractional and amount of attorneys’ fees, expenses, and interests within the respective jurisdictions (2) on final approval of the Settlement, in costs required under paragraph C.1.d. of the of the Indian tribes for purchase in a manner addition to the amounts deposited into the Settlement shall include a description of all that is consistent with the priorities of the Trust Land Consolidation Fund pursuant to material provisions of the Agreement on At- Secretary. subsection (e), the Secretary of the Treasury torneys’ Fees, Expenses, and Costs. (3) INDIAN EDUCATION SCHOLARSHIP HOLDING shall deposit in that Fund $100,000,000 out of (3) EFFECT ON AGREEMENT.—Nothing in this FUND.— amounts appropriated to pay final judg- subsection limits or otherwise affects the en- (A) ESTABLISHMENT.—On final approval of ments, awards, and compromise settlements forceability of the Agreement on Attorneys’ the Settlement, there shall be established in under section 1304 of title 31, United States Fees, Expenses, and Costs. the Treasury of the United States a fund, to Code (the conditions of which section shall (h) SELECTION OF QUALIFYING BANK.—The be deemed to be met for purposes of this be known as the ‘‘Indian Education Scholar- United States District Court for the District ship Holding Fund’’. paragraph) to be used by the Secretary in ac- of Columbia, in exercising the discretion of cordance with subsection (e). (B) AVAILABILITY.—Notwithstanding any the Court to approve the selection of any other provision of law governing competi- proposed Qualifying Bank (as defined in the TITLE II—FINAL SETTLEMENT OF CLAIMS tion, public notification, or Federal procure- Settlement) under paragraph A.1. of the Set- FROM IN RE BLACK FARMERS DISCRIMI- ment or assistance, amounts in the Indian tlement, may consider any factors or cir- NATION LITIGATION Education Scholarship Holding Fund shall be cumstances regarding the proposed Quali- SEC. 201. APPROPRIATION OF FUNDS FOR FINAL made available, without further appropria- fying Bank that the Court determines to be SETTLEMENT OF CLAIMS FROM IN tion, to the Secretary to contribute to an In- appropriate to protect the rights and inter- RE BLACK FARMERS DISCRIMINA- dian Education Scholarship Fund, as de- ests of Class Members (as defined in the Set- TION LITIGATION. scribed in the Settlement, to provide schol- tlement) in the amounts to be deposited in (a) DEFINITIONS.—In this section: arships for Native Americans. the Settlement Account (as defined in the (1) SETTLEMENT AGREEMENT.—The term (4) ACQUISITION OF TRUST OR RESTRICTED Settlement). ‘‘Settlement Agreement’’ means the settle- LAND.—The Secretary may acquire, at the (i) APPOINTEES TO SPECIAL BOARD OF ment agreement dated February 18, 2010 (in- discretion of the Secretary and in accord- TRUSTEES.—The 2 members of the special cluding any modifications agreed to by the

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No. by the parties and approved by the court, be- claims administrator, the claims adjudica- 08–mc–0511 (PLF), including Pigford claims tween the Secretary of Agriculture and cer- tors, and related officials, appointed in con- asserted under section 14012 of the Food, tain plaintiffs, by and through their counsel nection with the aforementioned settlement, Conservation, and Energy Act of 2008 (Public in litigation titled Black Farmers Discrimi- and to any information and records gen- Law 110–246; 122 Stat. 2209). nation Litigation, Misc. No. 08–mc–0511 erated, used, or received by them, including (2) PIGFORD CLAIM.—The term ‘‘Pigford (PLF). names and addresses. claim’’ has the meaning given that term in (B) NEUTRAL ADJUDICATOR.— (2) USDA INSPECTOR GENERAL.— section 14012(a)(3) of the Food, Conservation, (i) IN GENERAL.—The term ‘‘Neutral Adju- (A) PERFORMANCE AUDIT.—The Inspector and Energy Act of 2008 (Public Law 110–246; dicator’’ means a Track A Neutral or a General of the Department of Agriculture 122 Stat. 2210). Track B Neutral as those terms are defined shall, within 180 days of the initial adjudica- (b) APPROPRIATION OF FUNDS.—There is ap- in the Settlement Agreement, who have been tion of claims, and subsequently as appro- propriated to the Secretary of Agriculture hired by Lead Class Counsel as that term is priate, perform a performance audit based on $1,150,000,000, to remain available until ex- defined in the Settlement Agreement. a statistical sampling of adjudicated claims. pended, to carry out the terms of the Settle- (ii) REQUIREMENT.—The Track A and B (B) AUDIT RECIPIENTS.—The audits de- ment Agreement if the Settlement Agree- Neutrals called for in the Settlement Agree- scribed in clause (i) shall be provided to Sec- ment is approved by a court order that is or ment shall be approved by the Secretary of retary of Agriculture and the Attorney Gen- becomes final and nonappealable, and the the United States Department of Agri- eral. court finds that the Settlement Agreement culture, the Attorney General, and the court. TITLE III—WHITE MOUNTAIN APACHE is modified to incorporate the additional (2) OATH.—Every Neutral Adjudicator shall TRIBE WATER RIGHTS QUANTIFICATION terms contained in subsection (g). The funds take an oath administered by the court prior appropriated by this subsection are in addi- to hearing claims. SEC. 301. SHORT TITLE. This title may be cited as the ‘‘White tion to the $100,000,000 of funds of the Com- (3) ADDITIONAL DOCUMENTATION OR EVI- Mountain Apache Tribe Water Rights Quan- modity Credit Corporation made available DENCE.—Any Neutral Adjudicator may, dur- tification Act of 2010’’. by section 14012(i) of the Food, Conservation, ing the course of hearing claims, require and Energy Act of 2008 (Public Law 110–246; claimants to provide additional documenta- SEC. 302. PURPOSES. 122 Stat. 2212) and shall be available for obli- tion and evidence if, in the Neutral Adjudica- The purposes of this title are— gation only after those Commodity Credit tor’s judgment, the additional documenta- (1) to authorize, ratify, and confirm the Corporation funds are fully obligated. If the tion and evidence would be necessary or Agreement; Settlement Agreement is not approved as helpful in deciding the merits of the claim, (2) to authorize and direct the Secretary to provided in this subsection, the $100,000,000 of or if the adjudicator suspects fraud regarding execute the Agreement and take any other funds of the Commodity Credit Corporation the claim. action necessary to carry out all obligations made available by section 14012(i) of the (4) ATTORNEYS FEES, EXPENSES, AND of the Secretary under the Agreement in ac- Food, Conservation, and Energy Act of 2008 COSTS.— cordance with this title; shall be the sole funding available for (A) IN GENERAL.—Subject to subparagraph (3) to authorize the amounts necessary for Pigford claims. (B) and the provisions of the Settlement the United States to meet the obligations of (c) USE OF FUNDS.—The use of the funds ap- Agreement regarding attorneys’ fee caps and the United States under the Agreement and propriated by subsection (b) shall be subject maximum and minimum percentages for this title; and to the express terms of the Settlement awards of attorneys fees, the court shall (4) to permanently resolve certain damage Agreement. make any determination as to the amount of claims and all water rights claims among— (d) TREATMENT OF REMAINING FUNDS.—If attorneys’ fees, expenses, and costs in ac- (A) the Tribe and its members; any of the funds appropriated by subsection cordance with controlling law, including, (B) the United States, acting as trustee for (b) are not obligated and expended to carry with respect to attorneys’ fees, expenses, and the Tribe and its members; out the Settlement Agreement, the Sec- costs, any applicable rule of law requiring (C) the parties to the Agreement; and retary of Agriculture shall return the unused counsel to produce contemporaneous time, (D) all other claimants seeking to deter- funds to the Treasury and may not make the expenses, and cost records in support of a mine the nature and extent of the water unused funds available for any purpose re- motion for such fees, expenses, and costs. rights of the Tribe, its members, the United lated to section 14012 of the Food, Conserva- (B) EFFECT ON AGREEMENT.—Nothing in States, acting as trustee for the Tribe and tion, and Energy Act of 2008, for any other this paragraph limits or otherwise affects its members, and other claimants in— settlement agreement executed in In re Black the enforceability of provisions regarding at- (i) the consolidated civil action in the Su- Farmers Discrimination Litigation, No. 08–511 perior Court of the State of Arizona for the (D.D.C.), or for any other purpose. torneys’ fees, expenses, and costs that may County of Maricopa styled In re the General (e) RULES OF CONSTRUCTION.—Nothing in be contained in the Settlement Agreement. this section shall be construed as requiring (5) CERTIFICATION.—An attorney filing a Adjudication of All Rights To Use Water In the United States, any of its officers or agen- claim on behalf of a claimant shall swear, The Gila River System and Source, W–1 cies, or any other party to enter into the under penalty of perjury, that: ‘‘to the best (Salt), W–2 (Verde), W–3 (Upper Gila), W–4 Settlement Agreement or any other settle- of the attorney’s knowledge, information, (San Pedro); and ment agreement. Nothing in this section and belief formed after an inquiry reasonable (ii) the civil action pending in the Superior shall be construed as creating the basis for a under the circumstances, the claim is sup- Court of the State of Arizona for the County Pigford claim. ported by existing law and the factual con- of Apache styled In re the General Adjudica- (f) CONFORMING AMENDMENTS.—Section tentions have evidentiary support’’. tion of All Rights to Use Water in the Little 14012 of the Food, Conservation, and Energy (6) DISTRIBUTION OF CLAIMS DETERMINA- Colorado River System and Source and num- Act of 2008 (Public Law 110–246; 122 Stat. 2209) TIONS AND SETTLEMENT FUNDS.—In order to bered CIV–6417. is amended— ensure full transparency of the administra- SEC. 303. DEFINITIONS. (1) in subsection (c)(1)— tion of claims under the Settlement Agree- In this title: (A) by striking ‘‘subsection (h)’’ and insert- ment, the Claims Administrator as that (1) AGREEMENT.—The term ‘‘Agreement’’ ing ‘‘subsection (g)’’; and term is defined in the Settlement Agree- means— (B) by striking ‘‘subsection (i)’’ and insert- ment, shall provide to the Secretary of Agri- (A) the WMAT Water Rights Quantifica- ing ‘‘subsection (h)’’; culture, the Inspector General of the Depart- tion Agreement dated January 13, 2009; and (2) by striking subsection (e); ment of Agriculture, the Attorney General, (B) any amendment or exhibit (including (3) in subsection (g), by striking ‘‘sub- and Lead Class Counsel as that term is de- exhibit amendments) to that Agreement that section (f)’’ and inserting ‘‘subsection (e)’’; fined in the Settlement Agreement, all infor- are— (4) in subsection (i)— mation regarding Distribution of Claims De- (i) made in accordance with this title; or (A) by striking ‘‘(1) IN GENERAL.—Of the terminations and Settlement Funds de- (ii) otherwise approved by the Secretary. funds’’ and inserting ‘‘Of the funds’’; scribed in the Settlement Agreement. (2) BUREAU.—The term ‘‘Bureau’’ means (B) by striking paragraph (2); and (h) REPORTS.— the Bureau of Reclamation. (C) by striking ‘‘subsection (g)’’ and insert- (1) GOVERNMENT ACCOUNTABILITY OFFICE.— (3) CAP.—The term ‘‘CAP’’ means the rec- ing ‘‘subsection (f)’’; (A) IN GENERAL.—The Comptroller General lamation project authorized and constructed (5) by striking subsection (j); and of the United States shall evaluate the inter- by the United States in accordance with title (6) by redesignating subsections (f), (g), (h), nal controls (including internal controls con- III of the Colorado River Basin Project Act (i), and (k) as subsections (e), (f), (g), (h), and cerning fraud and abuse) created to carry out (43 U.S.C. 1521 et seq.). (i), respectively. the terms of the Settlement Agreement, and (4) CAP CONTRACTOR.—The term ‘‘CAP con- (g) ADDITIONAL SETTLEMENT TERMS.—For report to the Congress at least 2 times tractor’’ means an individual or entity that the purposes of this section and funding for throughout the duration of the claims adju- has entered into a long-term contract (as

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.009 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7661 that term is used in the repayment stipula- payment of the costs of the CAP, numbered cluding any amendment to any exhibit to tion) with the United States for delivery of 14–06–W–245 (Amendment No. 1), and dated the Agreement requiring the signature of the water through the CAP system. December 1, 1988; and Secretary, that is not inconsistent with this (5) CAP FIXED OM&R CHARGE.—The term (B) any amendment to, or revision of, that title; and ‘‘CAP fixed OM&R charge’’ has the meaning contract. (2) DISCRETION OF THE SECRETARY.—The given the term in the repayment stipulation. (19) REPAYMENT STIPULATION.—The term Secretary may execute any other amend- (6) CAP M&I PRIORITY WATER.—The term ‘‘repayment stipulation’’ means the stipu- ment to the Agreement, including any ‘‘CAP M&I priority water’’ means the CAP lated judgment and the stipulation for judg- amendment to any exhibit to the Agreement water having a municipal and industrial de- ment (including any exhibits to those docu- requiring the signature of the Secretary, livery priority under the repayment con- ments) entered on November 21, 2007, in the that is not inconsistent with this title if the tract. United States District Court for the District amendment does not require congressional (7) CAP SUBCONTRACTOR.—The term ‘‘CAP of Arizona in the consolidated civil action approval pursuant to the Trade and Inter- subcontractor’’ means an individual or enti- styled Central Arizona Water Conservation course Act (25 U.S.C. 177) or other applicable ty that has entered into a long-term sub- District v. United States, et al., and num- Federal law (including regulations). contract (as that term is used in the repay- bered CIV 95–625–TUC–WDB (EHC) and CIV (c) NATIONAL ENVIRONMENTAL POLICY ment stipulation) with the United States and 95–1720–PHX–EHC. ACT.— the District for the delivery of water (20) RESERVATION.— (1) ENVIRONMENTAL COMPLIANCE.—In imple- through the CAP system. (A) IN GENERAL.—The term ‘‘reservation’’ menting the Agreement and carrying out (8) CAP SYSTEM.—The term ‘‘CAP system’’ means the land within the exterior boundary this title, the Secretary shall promptly com- means— of the White Mountain Indian Reservation ply with all applicable requirements of— (A) the Mark Wilmer Pumping Plant; established by the Executive order dated No- (A) the National Environmental Policy Act (B) the Hayden-Rhodes Aqueduct; vember 9, 1871, as modified by subsequent Ex- of 1969 (42 U.S.C. 4321 et seq.); (C) the Fannin-McFarland Aqueduct; ecutive orders and Acts of Congress— (B) the Endangered Species Act of 1973 (16 (D) the Tucson Aqueduct; (i) known on the date of enactment of this U.S.C. 1531 et seq.); (E) any pumping plant or appurtenant Act as the ‘‘Fort Apache Reservation’’ pursu- (C) all other applicable Federal environ- works of a feature described in any of sub- ant to chapter 3 of the Act of June 7, 1897 (30 mental laws; and paragraphs (A) through (D); and Stat. 62); and (D) all regulations promulgated under the (F) any extension of, addition to, or re- (ii) generally depicted on the map attached laws described in subparagraphs (A) through placement for a feature described in any of to the Agreement as exhibit 2.81. (C). subparagraphs (A) through (E). (B) NO EFFECT ON DISPUTE OR AS ADMIS- (2) EXECUTION OF AGREEMENT.— (9) CAP WATER.—The term ‘‘CAP water’’ SION.—The depiction of the reservation de- (A) IN GENERAL.—Execution of the Agree- means ‘‘Project Water’’ (as that term is de- scribed in subparagraph (A)(ii) shall not— ment by the Secretary under this section fined in the repayment stipulation). (i) be used to affect any dispute between shall not constitute a major Federal action (10) CONTRACT.—The term ‘‘Contract’’ the Tribe and the United States concerning under the National Environmental Policy means— the legal boundary of the reservation; or Act of 1969 (42 U.S.C. 4321 et seq.). (A) the proposed contract between the (ii) constitute an admission by the Tribe (B) ENVIRONMENTAL COMPLIANCE.—The Sec- Tribe and the United States attached as ex- with regard to any dispute between the Tribe retary shall carry out all necessary environ- hibit 7.1 to the Agreement and numbered 08– and the United States concerning the legal mental compliance activities required by XX–30–W0529; and boundary of the reservation. Federal law in implementing the Agreement. (B) any amendments to that contract. (21) SECRETARY.—The term ‘‘Secretary’’ (3) LEAD AGENCY.—The Bureau shall serve (11) DISTRICT.—The term ‘‘District’’ means means the Secretary of the Interior. as the lead agency with respect to ensuring the Central Arizona Water Conservation Dis- (22) STATE.—The term ‘‘State’’ means the environmental compliance associated with trict, a political subdivision of the State State of Arizona. the WMAT rural water system. that is the contractor under the repayment (23) TRIBAL CAP WATER.—The term ‘‘tribal contract. SEC. 305. WATER RIGHTS. CAP water’’ means the CAP water to which (12) ENFORCEABILITY DATE.—The term ‘‘en- (a) TREATMENT OF TRIBAL WATER RIGHTS.— forceability date’’ means the date described the Tribe is entitled pursuant to the Con- The tribal water rights— in section 309(d)(1). tract. (1) shall be held in trust by the United (24) TRIBAL WATER RIGHTS.—The term (13) INDIAN TRIBE.—The term ‘‘Indian States on behalf of the Tribe; and tribe’’ has the meaning given the term in ‘‘tribal water rights’’ means the water rights (2) shall not be subject to forfeiture or section 4 of the Indian Self-Determination of the Tribe described in paragraph 4.0 of the abandonment. and Education Assistance Act (25 U.S.C. Agreement. (b) REALLOCATION.— 450b). (25) TRIBE.—The term ‘‘Tribe’’ means the (1) IN GENERAL.—In accordance with this (14) INJURY TO WATER RIGHTS.— White Mountain Apache Tribe organized title and the Agreement, the Secretary shall (A) IN GENERAL.—The term ‘‘injury to under section 16 of the Act of June 18, 1934 reallocate to the Tribe, and offer to enter water rights’’ means an interference with, (commonly known as the ‘‘Indian Reorga- into a contract with the Tribe for the deliv- diminution of, or deprivation of, a water nization Act’’) (25 U.S.C. 476). ery in accordance with this section of— right under Federal, State, or other law. (26) WATER RIGHT.—The term ‘‘water right’’ (A) an entitlement to 23,782 acre-feet per (B) INCLUSIONS.—The term ‘‘injury to means any right in or to groundwater, sur- year of CAP water that has a non-Indian ag- water rights’’ includes— face water, or effluent under Federal, State, ricultural delivery priority (as defined in the (i) a change in the groundwater table; and or other law. Contract) in accordance with section (ii) any effect of such a change. (27) WMAT RURAL WATER SYSTEM.—The 104(a)(1)(A)(iii) of the Arizona Water Settle- (C) EXCLUSION.—The term ‘‘injury to water term ‘‘WMAT rural water system’’ means ments Act (Public Law 108–451; 118 Stat. rights’’ does not include any injury to water the municipal, rural, and industrial water di- 3488), of which— quality. version, storage, and delivery system de- (i) 3,750 acre-feet per year shall be firmed (15) LOWER COLORADO RIVER BASIN DEVELOP- scribed in section 307. by the United States for the benefit of the MENT FUND.—The term ‘‘Lower Colorado (28) YEAR.—The term ‘‘year’’ means a cal- Tribe for the 100-year period beginning on River Basin Development Fund’’ means the endar year. January 1, 2008, with priority equivalent to fund established by section 403 of the Colo- SEC. 304. APPROVAL OF AGREEMENT. CAP M&I priority water, in accordance with rado River Basin Project Act (43 U.S.C. 1543). (a) APPROVAL.— section 105(b)(1)(B) of that Act (118 Stat. (16) OFF-RESERVATION TRUST LAND.—The (1) IN GENERAL.—Except to the extent that 3492); and term ‘‘off-reservation trust land’’ means any provision of the Agreement conflicts (ii) 3,750 acre-feet per year shall be firmed land— with a provision of this title, the Agreement by the State for the benefit of the Tribe for (A) located outside the exterior boundaries is authorized, ratified, and confirmed. the 100-year period beginning on January 1, of the reservation that is held in trust by the (2) AMENDMENTS.—Any amendment to the 2008, with priority equivalent to CAP M&I United States for the benefit of the Tribe as Agreement is authorized, ratified, and con- priority water, in accordance with section of the enforceability date; and firmed, to the extent that such amendment 105(b)(2)(B) of that Act (118 Stat. 3492); and (B) depicted on the map attached to the is executed to make the Agreement con- (B) an entitlement to 1,218 acre-feet per Agreement as exhibit 2.57. sistent with this title. year of the water— (17) OPERATING AGENCY.—The term ‘‘Oper- (b) EXECUTION OF AGREEMENT.— (i) acquired by the Secretary through the ating Agency’’ means the 1 or more entities (1) IN GENERAL.—To the extent that the permanent relinquishment of the Harquahala authorized to assume responsibility for the Agreement does not conflict with this title, Valley Irrigation District CAP subcontract care, operation, maintenance, and replace- the Secretary shall promptly— entitlement in accordance with the contract ment of the CAP system. (A) execute the Agreement, including all numbered 3–07–30–W0290 among the District, (18) REPAYMENT CONTRACT.—The term ‘‘re- exhibits to the Agreement requiring the sig- Harquahala Valley Irrigation District, and payment contract’’ means— nature of the Secretary; and the United States; and (A) the contract between the United States (B) in accordance with the Agreement, exe- (ii) converted to CAP Indian Priority water and the District for delivery of water and re- cute any amendment to the Agreement, in- (as defined in the Contract) pursuant to the

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(B) the United States (in any capacity) has (g) LEASES.— (2) AUTHORITY OF TRIBE.—Subject to ap- no trust or other obligation to monitor, ad- (1) IN GENERAL.—To the extent that the proval by the Secretary under section minister, or account for, in any manner— leases of tribal CAP Water by the Tribe to 306(a)(1), the Tribe shall have the sole au- (i) any funds received by the Tribe as con- the District and to any of the cities in the thority to lease, distribute, exchange, or al- sideration under a contract or option to State, attached as exhibits to the Agree- locate the tribal CAP water described in lease or exchange tribal CAP water; or ment, are not in conflict with the provisions paragraph (1). (ii) the expenditure of those funds; of this title— (c) WATER SERVICE CAPITAL CHARGES.—The (4)(A) all tribal CAP water shall be deliv- (A) those leases are authorized, ratified, Tribe shall not be responsible for any water ered through the CAP system; and and confirmed; and service capital charge for tribal CAP water. (B) if the delivery capacity of the CAP sys- (B) the Secretary shall execute the leases. (d) ALLOCATION AND REPAYMENT.—For the tem is significantly reduced or anticipated (2) AMENDMENTS.—To the extent that purpose of determining the allocation and to be significantly reduced for an extended amendments are executed to make the leases repayment of costs of any stage of the CAP period of time, the Tribe shall have the same described in paragraph (1) consistent with constructed after November 21, 2007, the CAP delivery rights as a CAP contractor or this title, those amendments are authorized, costs associated with the delivery of water CAP subcontractor that is allowed to take ratified, and confirmed. described in subsection (b), regardless of delivery of water other than through the SEC. 307. AUTHORIZATION OF WMAT RURAL whether the water is delivered for use by the CAP system; WATER SYSTEM. Tribe or in accordance with any assignment, (5) the Tribe may use tribal CAP water on (a) IN GENERAL.—Consistent with sub- exchange, lease, option to lease, or other or off the reservation for any purpose; sections (a) and (e) of section 312 and sub- agreement for the temporary disposition of (6) as authorized by subsection (f)(2)(A) of section (h) of this section, the Secretary, water entered into by the Tribe, shall be— section 403 of the Colorado River Basin acting through the Bureau, shall plan, de- (1) nonreimbursable; and Project Act (43 U.S.C. 1543) and to the extent sign, and construct the WMAT rural water (2) excluded from the repayment obligation that funds are available in the Lower Colo- system to divert, store, and distribute water of the District. rado River Basin Development Fund estab- from the North Fork of the White River to (e) WATER CODE.—Not later than 18 months lished by subsection (a) of that section, the the Tribe that shall consist of— after the enforceability date, the Tribe shall United States shall pay to the Operating (1) a dam and storage reservoir, pumping enact a water code that— Agency the CAP fixed OM&R charges associ- plant, and treatment facilities located along (1) governs the tribal water rights; and ated with the delivery of tribal CAP water the North Fork of the White River near the (2) includes, at a minimum— (except in the case of tribal CAP water community of Whiteriver; (A) provisions requiring the measurement, leased by any individual or entity); (2) a distribution system consisting of pipe- calculation, and recording of all diversions (7) the Secretary shall waive the right of lines extending from the treatment facilities and depletions of water on the reservation the Secretary to capture all return flow from to existing water distribution systems serv- and on off-reservation trust land; project exchange water flowing from the ex- ing the communities of Whiteriver, Fort (B) terms of a water conservation plan, in- terior boundary of the reservation; and Apache, Canyon Day, Cedar Creek, Carrizo, cluding objectives, conservation measures, (8) no CAP water service capital charge and Cibecue; and an implementation timeline; shall be due or payable for the tribal CAP (3) connections to existing distribution fa- (C) provisions requiring the approval of the water, regardless of whether the water is de- cilities for the communities described in Tribe for the severance and transfer of rights livered for use by the Tribe or pursuant to a paragraph (2), but not including any up- to the use of water from historically irri- contract or option to lease or exchange trib- grades of, or improvements to, existing or fu- gated land identified in paragraph 11.3.2.1 of al CAP water entered into by the Tribe. ture public water systems for the commu- the Agreement to diversions and depletions (b) REQUIREMENTS.—The Contract shall nities described in paragraph (2) that may be on other non-historically irrigated land not be— necessary to accommodate increased demand located on the watershed of the same water (1) for permanent service (within the and flow rates (and any associated changes source; and meaning of section 5 of the Boulder Canyon in water quality); (D) provisions requiring the authorization Project Act (43 U.S.C. 617d)); and (4) connections to additional communities of the Tribe for all diversions of water on the (2) without limit as to term. along the pipeline, provided that the addi- reservation and on off-reservation trust land (c) RATIFICATION.— tional connections may be added to the dis- by any individual or entity other than the (1) IN GENERAL.—Except to the extent that tribution system described in paragraph (2) Tribe. any provision of the Contract conflicts with at the expense of the Tribe; a provision of this title, the Contract is au- SEC. 306. CONTRACT. (5) appurtenant buildings and access roads; thorized, ratified, and confirmed. (a) IN GENERAL.—The Secretary shall enter (6) electrical power transmission and dis- (2) AMENDMENTS.—Any amendment to the into the Contract, in accordance with the tribution facilities necessary for operation of Contract is authorized, ratified, and con- Agreement, to provide, among other things, the project; and firmed, to the extent that such amendment that— (7) any other project components that the is executed to make the Contract consistent (1) the Tribe, on approval of the Secretary, Secretary, in consultation with the Tribe, with this title. may— determines to be necessary. (d) EXECUTION OF CONTRACT.—To the extent (A) enter into contracts or options to that the Contract does not conflict with this (b) MODIFICATIONS.—The Secretary and the lease, contracts to exchange, or options to title, the Secretary shall execute the Con- Tribe— exchange tribal CAP water in Maricopa, tract. (1) may modify the components of the Pinal, Pima, and Yavapai Counties in the (e) PAYMENT OF CHARGES.—The Tribe, and WMAT rural water system described in sub- State providing for the temporary delivery any recipient of tribal CAP water through a section (a) by mutual agreement; and to any individual or entity of any portion of contract or option to lease or exchange, shall (2) shall make all modifications required the tribal CAP water, subject to the condi- not be obligated to pay a water service cap- under subsection (c)(2). tion that— ital charge or any other charge, payment, or (c) FINAL PROJECT DESIGN.— (i) the term of the contract or option to fee for CAP water, except as provided in an (1) IN GENERAL.—The Secretary shall issue lease shall not be longer than 100 years; applicable lease or exchange agreement. a final project design of the WMAT rural (ii) the contracts or options to exchange (f) PROHIBITIONS.— water system, including the dam, pumping shall be for the term provided in the con- (1) USE OUTSIDE STATE.—No tribal CAP plants, pipeline, and treatment plant, that is tract or option; and water may be leased, exchanged, forborne, or generally consistent with the project exten- (iii) a lease or option to lease providing for otherwise transferred by the Tribe in any sion report dated February 2007 after the the temporary delivery of tribal CAP water way for use directly or indirectly outside the completion of— shall require the lessee to pay to the Oper- State. (A) any appropriate environmental compli- ating Agency all CAP fixed OM&R charges (2) USE OFF RESERVATION.—Except as au- ance activity; and and all CAP pumping energy charges (as de- thorized by this section and paragraph 4.7 of (B) the review process described in para- fined in the repayment stipulation) associ- the Agreement, no tribal water rights under graph (2). ated with the leased water; and this title may be sold, leased, transferred, or (2) REVIEW.— (B) renegotiate any lease at any time dur- used outside the boundaries of the reserva- (A) IN GENERAL.—The Secretary shall re- ing the term of the lease, subject to the con- tion or off-reservation trust land other than view the proposed design of the WMAT rural dition that the term of the renegotiated pursuant to an exchange. water system and perform value engineering lease shall not exceed 100 years; (3) AGREEMENTS WITH ARIZONA WATER BANK- analyses. (2) no portion of the tribal CAP water may ING AUTHORITY.—Nothing in this title or the (B) RESULTS.—Taking into consideration be permanently alienated; Agreement limits the right of the Tribe to the review under subparagraph (A), the Sec- (3)(A) the Tribe (and not the United States enter into an agreement with the Arizona retary, in consultation with the Tribe, shall in any capacity) shall be entitled to all con- Water Banking Authority (or any successor require appropriate changes to the design, so sideration due to the Tribe under any con- entity) established by section 45–2421 of the that the final design—

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(i) meets Bureau of Reclamation design or occurrence relating to the land or facili- (c) NO RECOGNITION OF WATER RIGHTS.— standards; ties conveyed, other than damages caused by Notwithstanding subsection (a), nothing in (ii) to the maximum extent practicable, in- any intentional act or act of negligence com- this title recognizes or establishes any right corporates any changes that would improve mitted by the United States, or by employ- of a member of the Tribe to water on the res- the cost-effectiveness of the delivery of ees or agents of the United States, prior to ervation. water through the WMAT rural water sys- the date on which the Secretary publishes a SEC. 309. WAIVERS AND RELEASES OF CLAIMS. tem; and statement of findings in the Federal Register (a) IN GENERAL.—– (iii) may be constructed for the amounts pursuant to subsection (d)(2). (1) CLAIMS AGAINST THE STATE AND OTH- made available under section 312. (g) RIGHT TO REVIEW.— ERS.—Except for the specifically retained (d) CONVEYANCE OF TITLE.— (1) IN GENERAL.—The statement of findings claims described in subsection (b)(1), the (1) IN GENERAL.—Title to the WMAT rural published by the Secretary pursuant to sub- Tribe, on behalf of itself and its members, water system shall be held by the United section (d)(2) shall be considered to be a final and the United States, acting in its capacity States until title to the WMAT rural water agency action subject to judicial review as trustee for the Tribe and its members, as system is conveyed by the Secretary to the under sections 701 through 706 of title 5, part of the performance of the respective ob- Tribe pursuant to paragraph (2). United States Code. ligations of the United States and the Tribe (2) CONVEYANCE TO TRIBE.—The Secretary (2) EFFECT OF TITLE.—Nothing in this title under the Agreement, are authorized to exe- shall convey to the Tribe title to the WMAT gives the Tribe or any other party the right cute a waiver and release of any claims rural water system not later than 30 days to judicial review of the determination by against the State (or any agency or political after the date on which the Secretary pub- the Secretary under subsection (d) except subdivision of the State), or any other per- lishes in the Federal Register a statement of under subchapter II of chapter 5, and chapter son, entity, corporation, or municipal cor- findings that— 7, of title 5, United States Code (commonly poration under Federal, State, or other law (A) the operating criteria, standing oper- known as the ‘‘Administrative Procedure for all— ating procedures, emergency action plan, Act’’). (A)(i) past, present, and future claims for and first filling and monitoring criteria of (h) APPLICABILITY OF ISDEAA.— water rights for the reservation and off-res- the designers have been established and are (1) AGREEMENT FOR SPECIFIC ACTIVITIES.— ervation trust land arising from time imme- in place; On receipt of a request of the Tribe, and in morial and, thereafter, forever; and (B) the WMAT rural water system has op- accordance with the Indian Self-Determina- (ii) past, present, and future claims for erated under the standing operating proce- tion and Education Assistance Act (25 U.S.C. water rights arising from time immemorial dures of the designers, with the participation 450 et seq.), the Secretary shall enter into 1 and, thereafter, forever, that are based on of the Tribe, for a period of 3 years; or more agreements with the Tribe to carry aboriginal occupancy of land by the Tribe, (C) the Secretary has provided the Tribe out the activities authorized by this section. its members, or their predecessors; with technical assistance on the manner by (2) CONTRACTS.—Any contract entered into (B)(i) past and present claims for injury to which to operate and maintain the WMAT pursuant to the Indian Self-Determination water rights for the reservation and off-res- rural water system; and Education Assistance Act (25 U.S.C. 450 ervation trust land arising from time imme- (D) the funds made available under section et seq.) for the purpose of carrying out any morial through the enforceability date; 312(b)(3)(B) have been deposited in the provision of this title shall incorporate such (ii) past, present, and future claims for in- WMAT Maintenance Fund; and provisions regarding periodic payment of jury to water rights arising from time imme- (E) the WMAT rural water system— funds, timing for use of funds, transparency, morial and, thereafter, forever, that are (i) is substantially complete, as deter- based on aboriginal occupancy of land by the oversight, reporting, and accountability as mined by the Secretary; and Tribe, its members, or their predecessors; the Secretary determines to be necessary (at (ii) satisfies the requirement that— and the sole discretion of the Secretary) to en- (I) the infrastructure constructed is capa- (iii) claims for injury to water rights aris- sure appropriate stewardship of Federal ble of storing, diverting, treating, transmit- ing after the enforceability date for the res- funds. ting, and distributing a supply of water as ervation and off-reservation trust land re- (i) FINAL DESIGNS; PROJECT CONSTRUC- set forth in the final project design described sulting from off-reservation diversion or use TION.— in subsection (c); and of water in a manner that is not in violation (1) FINAL DESIGNS.—All designs for the (II) the Secretary has consulted with the of the Agreement or State law; and WMAT rural water system shall— Tribe regarding the proposed finding that (C) past, present, and future claims arising (A) conform to Bureau design standards; the WMAT rural water system is substan- out of, or relating in any manner to, the ne- and tially complete. gotiation, execution, or adoption of the (B) be subject to review and approval by (e) ALIENATION AND TAXATION.— Agreement, an applicable settlement judge- (1) IN GENERAL.—Conveyance of title to the the Secretary. ment or decree, or this title. (2) PROJECT CONSTRUCTION.—Each project Tribe pursuant to subsection (d) does not (2) CLAIMS AGAINST TRIBE.—Except for the waive or alter any applicable Federal law component of the WMAT rural water system specifically retained claims described in sub- (including regulations) prohibiting alien- shall be constructed pursuant to designs and section (b)(3), the United States, in all ca- ation or taxation of the WMAT rural water specifications approved by the Secretary, pacities (except as trustee for an Indian tribe system or the underlying reservation land. and all construction work shall be subject to other than the Tribe), as part of the perform- (2) ALIENATION OF WMAT RURAL WATER SYS- inspection and approval by the Secretary. ance of its obligations under the Agreement, TEM.—The WMAT rural water system, in- (j) CONDITION.—As a condition of construc- is authorized to execute a waiver and release cluding the components of the WMAT rural tion of the facilities authorized by this sec- of any and all claims against the Tribe, its water system, shall not be alienated, encum- tion, the Tribe shall provide, at no cost to members, or any agency, official, or em- bered, or conveyed in any manner by the the Secretary, all land or interests in land ployee of the Tribe, under Federal, State, or Tribe, unless a reconveyance is authorized that the Secretary identifies as necessary for any other law for all— by an Act of Congress enacted after the date the construction, operation, and mainte- (A) past and present claims for injury to of enactment of this Act. nance of those facilities. water rights resulting from the diversion or (f) OPERATION AND MAINTENANCE.— SEC. 308. SATISFACTION OF CLAIMS. use of water on the reservation and on off- (1) IN GENERAL.—Consistent with sub- (a) IN GENERAL.—Except as set forth in the reservation trust land arising from time im- sections (d) and (e) of section 312, the Sec- Agreement, the benefits realized by the memorial through the enforceability date; retary, acting through the Bureau and in co- Tribe and its members under this title shall (B) claims for injury to water rights aris- operation with the Tribe, shall operate, be in full satisfaction of all claims of the ing after the enforceability date resulting maintain, and replace the WMAT rural water Tribe, its members, and the United States, from the diversion or use of water on the res- system until the date on which title to the acting as trustee for the benefit of the Tribe ervation and on off-reservation trust land in WMAT rural water system is transferred to and its members, for water rights and injury a manner that is not in violation of the the Tribe pursuant to subsection (d)(2). to water rights under Federal, State, or Agreement; and (2) LIMITATION.— other law with respect to the reservation and (C) past, present, and future claims arising (A) IN GENERAL.—Beginning on the date on off-reservation trust land. out of or related in any manner to the nego- which title to the WMAT rural water system (b) USES OF WATER.—All uses of water on tiation, execution, or adoption of the Agree- is transferred to the Tribe pursuant to sub- land outside of the reservation, if and when ment, an applicable settlement judgement or section (d)(2), the United States shall have that land is subsequently and finally deter- decree, or this title. no obligation to pay for the operation, main- mined to be part of the reservation through (3) CLAIMS AGAINST UNITED STATES.—Except tenance, or replacement costs of the WMAT resolution of any dispute between the Tribe for the specifically retained claims described rural water system. and the United States over the location of in subsection (b)(2), the Tribe, on behalf of (B) LIMITATION ON LIABILITY.—Effective on the reservation boundary, and any fee land itself and its members, as part of the per- the date on which the Secretary publishes a within the reservation placed into trust and formance of the obligations of the Tribe statement of findings in the Federal Register made part of the reservation, shall be subject under the Agreement, is authorized to exe- pursuant to subsection (d)(2), the United to the maximum annual diversion amounts cute a waiver and release of any claim States shall not be held liable by any court and the maximum annual depletion amounts against the United States, including agen- for damages arising out of any act, omission, specified in the Agreement. cies, officials, or employees of the United

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States (except in the capacity of the United (1) RESERVATION OF RIGHTS AND RETENTION and members under the judgment and decree States as trustee for other Indian tribes), OF CLAIMS BY TRIBE AND UNITED STATES.— entered by the court in the Gila River adju- under Federal, State, or other law for any (A) IN GENERAL.—Notwithstanding the dication proceedings; and all— waiver and release of claims authorized (C) to assert claims for injuries to, and (A)(i) past, present, and future claims for under subsection (a)(1), the Tribe, on behalf seek enforcement of, the rights of the Tribe water rights for the reservation and off-res- of itself and its members, and the United and members under the judgment and decree ervation trust land arising from time imme- States, acting as trustee for the Tribe and entered by the court in the Little Colorado morial and, thereafter, forever; and its members, shall retain any right— River adjudication proceedings; (ii) past, present, and future claims for (i) subject to subparagraph 16.9 of the (D) to object to any claims by or for any water rights arising from time immemorial Agreement, to assert claims for injuries to, other Indian tribe, Indian community or na- and, thereafter, forever that are based on ab- and seek enforcement of, the rights of the tion, or dependent Indian community, or the original occupancy of land by the Tribe, its Tribe and its members under the Agreement United States on behalf of such a tribe, com- members, or their predecessors; or this title in any Federal or State court of munity, or nation; (B)(i) past and present claims relating in competent jurisdiction; (E) to assert past, present, or future claims any manner to damages, losses, or injuries to (ii) to assert claims for injuries to, and for injury to water rights or any other water, water rights, land, or other resources seek enforcement of, the rights of the Tribe claims other than a claim to water rights, due to loss of water or water rights (includ- under the judgment and decree entered by against any other Indian tribe, Indian com- ing damages, losses, or injuries to hunting, the court in the Gila River adjudication pro- munity or nation, or dependent Indian com- fishing, gathering, or cultural rights due to ceedings; munity, or the United States on behalf of loss of water or water rights, claims relating (iii) to assert claims for injuries to, and such a tribe, community, or nation; to interference with, diversion, or taking of seek enforcement of, the rights of the Tribe (F) to assert claims arising after the en- water, or claims relating to failure to pro- under the judgment and decree entered by forceability date for injury to water rights tect, acquire, or develop water, water rights, the court in the Little Colorado River adju- resulting from the pumping of water from or water infrastructure) within the reserva- dication proceedings; land located within national forest land as of (iv) to object to any claims by or for any tion and off-reservation trust land that first the date of the Agreement in the south 1⁄2 of other Indian tribe, Indian community or na- accrued at any time prior to the enforce- T. 9 N., R. 24 E., the south 1⁄2 of T. 9 N., R. tion, or dependent Indian community, or the ability date; 25 E., the north 1⁄2 of T. 8 N., R. 24 E., or the United States on behalf of such a tribe, com- (ii) past, present, and future claims for in- north 1⁄2 of T. 8 N., R. 25 E., if water from jury to water rights arising from time imme- munity, or nation; that land is used on the land or is trans- morial and, thereafter, forever that are (v) to participate in the Gila River adju- ported off the land for municipal, commer- based on aboriginal occupancy of land by the dication proceedings and the Little Colorado cial, or industrial use; Tribe, its members, or their predecessors; River adjudication proceedings to the extent (G) to assert any claims arising after the and provided in subparagraph 14.1 of the Agree- enforceability date for injury to water rights (iii) claims for injury to water rights aris- ment; not specifically waived under this section; ing after the enforceability date for the res- (vi) to assert any claims arising after the (H) to seek remedies and to assert any enforceability date for injury to water rights ervation and off-reservation trust land re- other claims not specifically waived under not specifically waived under this section; sulting from the off-reservation diversion or this section; and (vii) to assert any past, present, or future use of water in a manner that is not in viola- (I) to assert any claim arising after the en- claim for injury to water rights against any tion of the Agreement or applicable law; forceability date for a future taking by the other Indian tribe, Indian community or na- (C) past, present, and future claims arising United States of reservation land, off-res- tion, dependent Indian community, allottee, out of, or relating in any manner to, the ne- ervation trust land, or any property rights or the United States on behalf of such a gotiation, execution, or adoption of the appurtenant to that land, including any tribe, community, nation, or allottee; Agreement, an applicable settlement judg- water rights set forth in paragraph 4.0 of the (viii) to assert any past, present, or future ment or decree, or this title; Agreement. claim for trespass, use, and occupancy of the (3) RESERVATION OF RIGHTS AND RETENTION (D) past and present claims relating in any reservation in, on, or along the Black River manner to pending litigation of claims relat- against Freeport-McMoRan Copper & Gold, OF CLAIMS BY UNITED STATES.—Notwith- ing to the water rights of the Tribe for the Inc., Phelps Dodge Corporation, or Phelps standing the waiver and release of claims au- reservation and off-reservation trust land; Dodge Morenci, Inc. (or a predecessor or suc- thorized under subsection (a)(2), the United (E) past and present claims relating to the cessor of those entities), including all sub- States shall retain any right to assert any operation, maintenance, and replacement of sidiaries and affiliates of those entities; and claim not specifically waived in that sub- existing irrigation systems on the reserva- (ix) to assert claims arising after the en- section. tion constructed prior to the enforceability forceability date for injury to water rights (c) EFFECTIVENESS OF WAIVER AND RE- date that first accrued at any time prior to resulting from the pumping of water from LEASES.—Except as otherwise specifically the enforceability date, which waiver shall land located within national forest land as of provided in subparagraphs (E) and (F) of sub- only become effective on the full appropria- the date of the Agreement in the south 1⁄2 of section (a)(3), the waivers and releases under tion and payment to the Tribe of $4,950,000 of T. 9 N., R. 24 E., the south 1⁄2 of T. 9 N., R. subsection (a) shall become effective on the the amounts made available under section 25 E., the north 1⁄2 of T. 8 N., R. 24 E., or the enforceability date. 312(b)(2)(B); north 1⁄2 of T. 8 N., R. 25 E., if water from the (d) ENFORCEABILITY DATE.— (F) any claims relating to operation, main- land is used on the land or is transported off (1) IN GENERAL.—This section takes effect tenance, and replacement of the WMAT rural the land for municipal, commercial, or in- on the date on which the Secretary publishes water system, which waiver shall only be- dustrial use. in the Federal Register a statement of find- come effective on the date on which funds (B) AGREEMENT.—On terms acceptable to ings that— are made available under section 312(b)(3)(B) the Tribe and the United States, the Tribe (A)(i) to the extent that the Agreement and deposited in the WMAT Maintenance and the United States are authorized to conflicts with this title, the Agreement has Fund; enter into an agreement with Freeport- been revised through an amendment to (G) past and present breach of trust and McMoRan Copper & Gold, Inc., Phelps Dodge eliminate the conflict; and negligence claims for damage to the land and Corporation, or Phelps Dodge Morenci, Inc. (ii) the Agreement, as so revised, has been natural resources of the Tribe caused by ri- (or a predecessor or successor of those enti- executed by the Secretary, the Tribe, and parian and other vegetative manipulation by ties), including all subsidiaries and affiliates the Governor of the State; the United States for the purpose of increas- of those entities, to resolve the claims of the (B) the Secretary has fulfilled the require- ing water runoff from the reservation that Tribe relating to the trespass, use, and occu- ments of sections 305 and 306; first accrued at any time prior to the en- pancy of the reservation in, on, and along (C) the amount made available under sec- forceability date; and the Black River. tion 312(a) has been deposited in the White (H) past and present claims for trespass, (2) RESERVATION OF RIGHTS AND RETENTION Mountain Apache Tribe Water Rights Settle- use, and occupancy of the reservation in, on, OF CLAIMS BY TRIBE AGAINST UNITED STATES.— ment Subaccount; and along the Black River that first accrued Notwithstanding the waiver and release of (D) the State funds described in subpara- at any time prior to the enforceability date. claims authorized under subsection (a)(3), graph 13.3 of the Agreement have been depos- (4) EFFECT ON BOUNDARY CLAIMS.—Nothing the Tribe, on behalf of itself and its mem- ited in the White Mountain Apache Tribe in this title expands, diminishes, or impacts bers, shall retain any right— Water Rights Settlement Subaccount; any claims the Tribe may assert, or any de- (A) subject to subparagraph 16.9 of the (E) the Secretary has issued a record of de- fense the United States may assert, con- Agreement, to assert claims for injuries to, cision approving the construction of the cerning title to land outside the most cur- and seek enforcement of, the rights of the WMAT rural water system in a configuration rent survey, as of the date of enactment of Tribe and its members under the Agreement substantially similar to that described in this Act, of the northern boundary of the res- or this title, in any Federal or State court of section 307; ervation. competent jurisdiction; (F) the judgments and decrees substan- (b) RESERVATION OF RIGHTS AND RETENTION (B) to assert claims for injuries to, and tially in the form of those attached to the OF CLAIMS.— seek enforcement of, the rights of the Tribe Agreement as exhibits 12.9.6.1 and 12.9.6.2

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.010 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7665 have been approved by the respective trial (1) the amounts deposited in the sub- (A) by any party to the Agreement or sig- courts; and account pursuant to section 312(a); and natory to an exhibit to the Agreement in a (G) the waivers and releases authorized and (2) such other amounts as are available, in- United States or State court that— set forth in subsection (a) have been exe- cluding the amounts provided in subpara- (i) relates solely and directly to the inter- cuted by the Tribe and the Secretary. graph 13.3 of the Agreement. pretation or enforcement of this title or the (2) FAILURE OF ENFORCEABILITY DATE TO (b) USE OF FUNDS.— Agreement; and OCCUR.—If the Secretary does not publish a (1) IN GENERAL.—Subject to paragraph (2), (ii) names as a party the United States or statement of findings under paragraph (1) by the Secretary shall use amounts from the the Tribe; or April 30, 2021— White Mountain Apache Tribe Water Rights (B) by a landowner or water user in the (A) this title is repealed effective May 1, Settlement Subaccount for the planning, de- Gila River basin or Little Colorado River 2021, and any activity by the Secretary to sign, and construction of the WMAT rural basin in the State that— carry out this title shall cease; water system, in accordance with section (i) relates solely and directly to the inter- (B) any amounts made available under sec- 307(a). pretation or enforcement of section 309 of tion 312 shall immediately revert to the gen- (2) REQUIREMENTS.—In carrying out the ac- this title and paragraph 12.0 of the Agree- eral fund of the Treasury; tivities described in paragraph (1), the Sec- ment; and (C) any other amounts deposited in the retary shall use such sums as are necessary (ii) names as a party the United States or White Mountain Apache Tribe Water Rights from the White Mountain Apache Tribe the Tribe. Settlement Subaccount (including any Water Rights Settlement Subaccount— (b) EFFECT OF TITLE.—Nothing in this title amounts paid by the State in accordance (A) to provide the Bureau with amounts quantifies or otherwise affects any water with the Agreement), together with any in- sufficient to carry out oversight of the plan- right or claim or entitlement to water of any terest accrued on those amounts, shall im- ning, design, and construction of the WMAT Indian tribe, band, or community other than mediately be returned to the respective rural water system; the Tribe. sources of those funds; and (B) to repay to the Treasury (or the United (c) LIMITATION ON LIABILITY OF UNITED (D) the Tribe and its members, and the States) any outstanding balance on the loan STATES.— United States, acting as trustee for the Tribe authorized by the White Mountain Apache (1) IN GENERAL.—The United States shall and its members, shall retain the right to as- Tribe Rural Water System Loan Authoriza- have no trust or other obligation— sert past, present, and future water rights tion Act (Public Law 110–390; 122 Stat. 4191), (A) to monitor, administer, or account for, claims and claims for injury to water rights after which repayment, the Tribe shall have in any manner, any amount paid to the Tribe for the reservation and off-reservation trust no further liability for the balance on that by any party to the Agreement other than land. loan; and the United States; or (3) NO ADDITIONAL RIGHTS TO WATER.—Be- (C) to carry out all required environmental (B) to review or approve the expenditure of ginning on the enforceability date, all land compliance activities associated with the those funds. held by the United States in trust for the planning, design, and construction of the (2) INDEMNIFICATION.—The Tribe shall in- Tribe and its members shall have no rights WMAT rural water system. demnify the United States, and hold the to water other than those specifically quan- (c) ISDEAA CONTRACT.— United States harmless, with respect to any tified for the Tribe and the United States, (1) IN GENERAL.—If the Tribe so requests, claim (including claims for takings or breach acting as trustee for the Tribe and its mem- the planning, design, and construction of the of trust) arising out of the receipt or expend- bers, for the reservation and off-reservation WMAT rural water system shall be carried iture of funds described in paragraph (1)(A). trust land pursuant to paragraph 4.0 of the out pursuant to the terms of an agreement (d) APPLICABILITY OF RECLAMATION REFORM Agreement. or agreements entered into under section ACT.—The Reclamation Reform Act of 1982 (e) UNITED STATES ENFORCEMENT AUTHOR- 307(h). (43 U.S.C. 390aa et seq.) and any other acre- ITY.—Nothing in this title or the Agreement (2) ENFORCEMENT.—The Secretary may pur- age limitation or full-cost pricing provision affects any right of the United States to sue any judicial remedies and carry out any under Federal law shall not apply to any in- take any action, including environmental administrative actions that are necessary to dividual, entity, or land solely on the basis actions, under any laws (including regula- enforce an agreement described in paragraph of— tions and the common law) relating to (1) to ensure that amounts in the White (1) receipt of any benefit under this title; human health, safety, or the environment. Mountain Apache Tribe Water Rights Settle- (2) the execution or performance of the (f) NO EFFECT ON WATER RIGHTS.—Except ment Subaccount are used in accordance Agreement; or as provided in paragraphs (1)(A)(ii), (1)(B)(ii), with this section. (3) the use, storage, delivery, lease, or ex- (3)(A)(ii), and (3)(B)(ii) of subsection (a), (d) PROHIBITION ON PER CAPITA DISTRIBU- change of CAP water. nothing in this title affects any rights to TIONS.—No amount of the principal, or the (e) SECRETARIAL POWER SITES.—The por- water of the Tribe, its members, or the interest or income accruing on the principal, tions of the following named secretarial United States, acting as trustee for the Tribe of the White Mountain Apache Tribe Water power site reserves that are located on the and its members, for land outside the bound- Rights Settlement Subaccount shall be dis- Fort Apache Indian Reservation or the San aries of the reservation or the off-reservation tributed to any member of the Tribe on a per Carlos Apache Reservation, as applicable, trust land. capita basis. shall be transferred and restored into the (g) ENTITLEMENTS.—Any entitlement to (e) AVAILABILITY OF FUNDS.— name of the Tribe or the San Carlos Apache water of the Tribe, its members, or the (1) IN GENERAL.—Amounts in the White Tribe, respectively: United States, acting as trustee for the Tribe Mountain Apache Tribe Water Rights Settle- (1) Lower Black River (T. 3 N., R. 26 E.; T. and its members, relating to the reservation ment Subaccount shall not be available for or off-reservation trust land shall be satis- 3 N., R. 27 E.). expenditure by the Secretary until the en- (2) Black River Pumps (T. 2 N., R. 25 E.; T. fied from the water resources granted, quan- forceability date. tified, confirmed, or recognized with respect 2 N., R. 26 E.; T. 3 N., R. 26 E.). (2) INVESTMENT.—The Secretary shall in- to the Tribe, its members, and the United (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 vest the amounts in the White Mountain 1 1 States by the Agreement and this title. E.; T. 4 ⁄2 N., R. 19 E.; T. 4 ⁄2 N., R. 20 E.; T. Apache Tribe Water Rights Settlement Sub- 1 (h) OBJECTION PROHIBITED.—Except as pro- 4 ⁄2 N., R. 21 E.; T. 5 N., R. 19 E.). vided in paragraphs (1)(A)(ix) and (2)(F) of account in accordance with section 403(f)(4) (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.). subsection (b), the Tribe and the United of the Colorado River Basin Project Act (43 (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., States, acting as trustee for the Tribe shall U.S.C. 1543(f)(4)). R. 18 E.). SE OF INTEREST 1 not— (3) U .—The interest accrued (6) Gleason Flat (T. 4 ⁄2 N., R. 16 E.; T. 5 N., (1) object to the use of any well located on amounts invested under paragraph (2) R. 16 E.). outside the boundaries of the reservation or shall not be available for expenditure or (f) NO EFFECT ON FUTURE ALLOCATIONS.— the off-reservation trust land in existence on withdrawal until the enforceability date. Water received under a lease or exchange of the enforceability date; or SEC. 311. MISCELLANEOUS PROVISIONS. tribal CAP water under this title shall not (2) object to, dispute, or challenge after the (a) LIMITED WAIVER OF SOVEREIGN IMMU- affect any future allocation or reallocation enforceability date the drilling of any well NITY.— of CAP water by the Secretary. or the withdrawal and use of water from any (1) IN GENERAL.—In the case of a civil ac- (g) AFTER-ACQUIRED TRUST LAND.— well in the Little Colorado River adjudica- tion described in paragraph (2)— (1) REQUIREMENT OF ACT OF CONGRESS.— tion proceedings, the Gila River adjudication (A) the United States or the Tribe, or both, (A) LEGAL TITLE.—Subject to subparagraph proceedings, or any other judicial or admin- may be joined in the civil action; and (B), after the enforceability date, if the Tribe istrative proceeding. (B) any claim by the United States or the seeks to have legal title to additional land in SEC. 310. WHITE MOUNTAIN APACHE TRIBE Tribe to sovereign immunity from the civil the State located outside the exterior bound- WATER RIGHTS SETTLEMENT SUB- action is waived for the sole purpose of re- aries of the reservation taken into trust by ACCOUNT. solving any issue regarding the interpreta- the United States for the benefit of the (a) ESTABLISHMENT.—There is established tion or enforcement of this title or the Tribe, the Tribe may do so only pursuant to in the Lower Colorado River Basin Develop- Agreement. an Act of Congress specifically authorizing ment Fund a subaccount to be known as the (2) DESCRIPTION OF CIVIL ACTION.—A civil the transfer for the benefit of the Tribe. ‘‘White Mountain Apache Tribe Water Rights action referred to in paragraph (1) is a civil (B) EXCEPTIONS.—Subparagraph (A) shall Settlement Subaccount’’, consisting of— action filed— not apply to—

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.010 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7666 CONGRESSIONAL RECORD — HOUSE November 30, 2010 (i) the restoration of land to the reserva- (e)(4)(B), if the WMAT rural water system is neither the Secretary nor the Secretary of tion subsequently and finally determined to conveyed to the Tribe before the date on the Treasury shall retain any liability for be part of the reservation through resolution which the $35,000,000 described in subsection the expenditure or investment of the of any dispute between the Tribe and the (e)(2) is completely made available, there is amounts. United States over the location of the res- authorized to be appropriated to the Sec- (B) EXPENDITURE PLAN.— ervation boundary, unless required by Fed- retary, for deposit in the WMAT Settlement (i) IN GENERAL.—The Tribe shall submit to eral law; or Fund, any remaining amounts that would the Secretary for approval an expenditure (ii) off-reservation trust land acquired otherwise have been made available for ex- plan for any portion of the amounts in the prior to January 1, 2008. penditure from the Cost Overrun Sub- Funds that the Tribe does not withdraw (2) WATER RIGHTS.— account. under the tribal management plan. (A) IN GENERAL.—After-acquired trust land (C) USE OF FUNDS.— (ii) DESCRIPTION.—The expenditure plan that is located outside the reservation shall (i) IN GENERAL.—The Tribe shall use shall describe the manner in which, and the not include federally reserved rights to sur- amounts in the WMAT Settlement Fund for purposes for which, amounts remaining in face water or groundwater. any of the following purposes: the Funds will be used. (B) RESTORED LAND.—Land that is restored (I) Fish production, including hatcheries. (iii) APPROVAL.—On receipt of an expendi- to the reservation as the result of the resolu- (II) Rehabilitation of recreational lakes ture plan under clause (i), the Secretary tion of any reservation boundary dispute be- and existing irrigation systems. shall approve the plan, if the Secretary de- tween the Tribe and the United States, or (III) Water-related economic development termines that the plan is reasonable and con- any fee simple land within the reservation projects. sistent with this title and the Agreement. that is placed into trust, shall have water (IV) Protection, restoration, and economic (iv) ANNUAL REPORT.—For each of the rights pursuant to section 308(b). development of forest and watershed health. Funds, the Tribe shall submit to the Sec- (3) ACCEPTANCE OF LAND IN TRUST STATUS.— (ii) EXISTING IRRIGATION SYSTEMS.—Of the retary an annual report that describes all ex- (A) IN GENERAL.—If the Tribe acquires amounts deposited in the Fund under sub- penditures from the Fund during the year legal fee title to land that is located within paragraph (B), not less than $4,950,000 shall covered by the report. the exterior boundaries of the reservation, be used for the rehabilitation of existing irri- (C) CERTAIN PER CAPITA DISTRIBUTIONS PRO- the Secretary shall accept the land in trust gation systems. HIBITED.—No amount in the Funds shall be status for the benefit of the Tribe in accord- (3) WMAT MAINTENANCE FUND.— distributed to any member of the Tribe on a ance with applicable Federal law (including (A) ESTABLISHMENT.—There is established per capita basis. regulations) for such real estate acquisi- in the Treasury of the United States a fund (c) COST INDEXING.—All amounts made tions. to be known as the ‘‘WMAT Maintenance available under subsections (a), (b), and (e) Fund’’, to be administered by the Secretary, (B) RESERVATION STATUS.—Land held in shall be adjusted as necessary to reflect the trust by the Secretary under subparagraph consisting of the amounts deposited in the changes since October 1, 2007, in the con- (A), or restored to the reservation as a result fund under subparagraph (B), together with struction cost indices applicable to the types of resolution of a boundary dispute between any interest accrued on those amounts, for of construction involved in the construction the Tribe and the United States, shall be use by the Tribe in accordance with subpara- of the WMAT rural water supply system, the deemed to be part of the reservation. graph (C). maintenance of the rural water supply sys- (B) MANDATORY APPROPRIATIONS.—Out of (h) CONFORMING AMENDMENT.—Section tem, and the construction or rehabilitation any funds in the Treasury not otherwise ap- 3(b)(2) of the White Mountain Apache Tribe of the other development projects described propriated, the Secretary of the Treasury Rural Water System Loan Authorization Act in subsection (b)(2)(C). shall transfer to the Secretary $50,000,000 for (d) OPERATION, MAINTENANCE, AND RE- (Public Law 110–390; 122 Stat. 4191) is amend- deposit in the WMAT Maintenance Fund. PLACEMENT.—Out of any funds in the Treas- ed by striking ‘‘January 1, 2013’’ and insert- (C) USE OF FUNDS.—The Tribe shall use ury not otherwise appropriated, the Sec- ing ‘‘May 1, 2021’’. amounts in the WMAT Maintenance Fund retary of the Treasury shall transfer to the SEC. 312. FUNDING. only for the operation, maintenance, and re- Secretary $2,500,000 for the operation, main- (a) RURAL WATER SYSTEM.— placement costs associated with the delivery tenance, and replacement costs of the WMAT (1) MANDATORY APPROPRIATIONS.—Subject of water through the WMAT rural water sys- rural water system, to remain available to paragraph (2), out of any funds in the tem. until the conditions described in section Treasury not otherwise appropriated, the (4) ADMINISTRATION.—The Secretary shall 307(f) have been met. Secretary of the Treasury shall transfer to manage the Funds in accordance with the (e) COST OVERRUN SUBACCOUNT.— the Secretary to carry out the planning, en- American Indian Trust Fund Management (1) ESTABLISHMENT.—There is established gineering, design, environmental compli- Reform Act of 1994 (25 U.S.C. 4001 et seq.), in- in the Lower Colorado River Basin Develop- ance, and construction of the WMAT rural cluding by investing amounts in the Funds ment Fund a subaccount to be known as the water system $126,193,000. in accordance with— ‘‘WMAT Cost Overrun Subaccount’’, to be (2) INCLUSIONS.—The amount made avail- (A) the Act of April 1, 1880 (25 U.S.C. 161); administered by the Secretary, consisting of able under paragraph (1) shall include such and the amounts deposited in the subaccount sums as are necessary, but not to exceed 4 (B) the first section of the Act of June 24, under paragraph (2), together with any inter- percent of the construction contract costs, 1938 (25 U.S.C. 162a). est accrued on those amounts, for use by the for the Bureau to carry out oversight of ac- (5) AVAILABILITY OF AMOUNTS FROM Secretary in accordance with paragraph (4). tivities for planning, design, environmental FUNDS.—Amounts in the Funds shall be (2) MANDATORY APPROPRIATIONS; AUTHOR- compliance, and construction of the rural available for expenditure or withdrawal only IZATION OF APPROPRIATIONS.— water system. after the enforceability date and in accord- (A) MANDATORY APPROPRIATIONS.—Out of (b) WMAT SETTLEMENT AND MAINTENANCE ance with subsection (f). any funds in the Treasury not otherwise ap- FUNDS.— (6) EXPENDITURE AND WITHDRAWAL.— propriated, the Secretary of the Treasury (1) DEFINITION OF FUNDS.—In this sub- (A) TRIBAL MANAGEMENT PLAN.— shall transfer to the Secretary $24,000,000 for section, the term ‘‘Funds’’ means— (i) IN GENERAL.—The Tribe may withdraw deposit in the WMAT Cost Overrun Sub- (A) the WMAT Settlement Fund estab- all or part of the amounts in the Funds on account. lished by paragraph (2)(A); and approval by the Secretary of a tribal man- (B) AUTHORIZATION OF APPROPRIATIONS.— (B) the WMAT Maintenance Fund estab- agement plan, as described in the American There is authorized to be appropriated for lished by paragraph (3)(A). Indian Trust Fund Management Reform Act deposit in the WMAT Cost Overrun Sub- (2) WMAT SETTLEMENT FUND.— of 1994 (25 U.S.C. 4001 et seq.). account $11,000,000. (A) ESTABLISHMENT.—There is established (ii) REQUIREMENTS.—In addition to the re- (3) AVAILABILITY OF FUNDS.— in the Treasury of the United States a fund quirements under the American Indian Trust (A) IN GENERAL.—Amounts in the WMAT to be known as the ‘‘WMAT Settlement Fund Management Reform Act of 1994 (25 Cost Overrun Subaccount shall not be avail- Fund’’, to be administered by the Secretary, U.S.C. 4001 et seq.), a tribal management able for expenditure by the Secretary until consisting of the amounts deposited in the plan under this subparagraph shall require the enforceability date. fund under subparagraph (B), together with the Tribe to use any amounts withdrawn (B) INVESTMENT.—The Secretary shall in- any interest accrued on those amounts, for from the Funds in accordance with para- vest the amounts in the WMAT Cost Overrun use by the Tribe in accordance with subpara- graph (2)(C) or (3)(C), as applicable. Subaccount in accordance with section graph (C). (iii) ENFORCEMENT.—The Secretary may 403(f)(4) of the Colorado River Basin Project (B) TRANSFERS TO FUND.— take judicial or administrative action to en- Act (43 U.S.C. 1543(f)(4)). (i) IN GENERAL.—There are authorized to be force the provisions of a tribal management (C) USE OF INTEREST.—The interest accrued appropriated to the Secretary for deposit in plan described in clause (i) to ensure that on the amounts invested under subparagraph the WMAT Settlement Fund— any amounts withdrawn from the Funds (B) shall not be available for expenditure or (I) $78,500,000; and under the tribal management plan are used withdrawal until the enforceability date. (II) any additional amounts described in in accordance with this title and the Agree- (4) USE OF COST OVERRUN SUBACCOUNT.— clause (ii), if applicable. ment. (A) INITIAL USE.—The Secretary shall use (ii) AUTHORIZATION OF ADDITIONAL (iv) LIABILITY.—If the Tribe exercises the the amounts in the WMAT Cost Overrun AMOUNTS.—In accordance with subsection right to withdraw amounts from the Funds, Subaccount to complete the WMAT rural

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water system or to carry out activities relat- (4) to ensure the availability of funds nec- (11) MR&I SYSTEM.— ing to the operation, maintenance, or re- essary for the implementation of the Com- (A) IN GENERAL.—The term ‘‘MR&I Sys- placement of facilities of the WMAT rural pact and this title. tem’’ means the municipal, rural, and indus- water system, as applicable, if the Secretary SEC. 403. DEFINITIONS. trial water system of the Reservation, gen- determines that the amounts made available In this title: erally described in the document entitled under subsections (a) and (d) will be insuffi- (1) ALLOTTEE.—The term ‘‘allottee’’ means ‘‘Crow Indian Reservation Municipal, Rural cient in the period before title to the WMAT any individual who holds a beneficial real and Industrial Water System Engineering rural water system is conveyed to the property interest in an allotment of Indian Report’’ prepared by DOWL HKM, and dated Tribe— land that is— July 2008 and updated in a status report pre- (i) to complete the WMAT rural water sys- (A) located within the Reservation or the pared by DOWL HKM dated December 2009. tem; or ceded strip; and (B) INCLUSIONS.—The term ‘‘MR&I Sys- (ii) to operate and maintain the WMAT (B) held in trust by the United States. tem’’ includes— rural water system. (2) CEDED STRIP.—The term ‘‘ceded strip’’ (i) the raw water intake, water treatment (B) TRANSFER OF FUNDS.—All unobligated means the area identified as the ceded strip plant, pipelines, storage tanks, pumping sta- amounts remaining in the Cost Overrun Sub- on the map included in appendix 5 of the tions, pressure-reducing valves, electrical account on the date on which title to the Compact. transmission facilities, and other items (in- WMAT rural water system is conveyed to the (3) CIP OM&R.—The term ‘‘CIP OM&R’’ cluding real property and easements nec- Tribe shall be— means— essary to deliver potable water to the Res- (i) returned to the general fund of the (A) any recurring or ongoing activity asso- ervation) appurtenant to the system de- Treasury; and ciated with the day-to-day operation of the scribed in subparagraph (A); and (ii) on an appropriation pursuant to sub- Crow Irrigation Project; (ii) in descending order of construction pri- section (b)(2)(B)(ii), deposited in the WMAT (B) any activity relating to scheduled or ority— Settlement Fund and made available to the unscheduled maintenance of the Crow Irriga- (I) the Bighorn River Valley Subsystem; Tribe for use in accordance with subsection tion Project; and (II) the Little Bighorn River Valley Sub- (b)(2)(C). (C) any activity relating to replacement of system; and (f) CONDITIONS.—The amounts made avail- a feature of the Crow Irrigation Project. (III) Pryor Extension. able to the Secretary for deposit in the (4) COMPACT.—The term ‘‘Compact’’ means (12) MR&I SYSTEM OM&R.—The term ‘‘MR&I WMAT Maintenance Fund, together with the water rights compact between the Tribe System OM&R’’ means— any interest accrued on those amounts under and the State of Montana contained in sec- (A) any recurring or ongoing activity asso- subsection (b)(3) and any interest accruing tion 85–20–901 of the Montana Code Anno- ciated with the day-to-day operation of the on the WMAT Settlement Fund under sub- tated (2009) (including any exhibit, part, or MR&I System; section (b)(2), shall not be available for ex- amendment to the Compact). (B) any activity relating to scheduled or penditure or withdrawal until the WMAT (5) CROW IRRIGATION PROJECT.— rural water system is transferred to the unscheduled maintenance of the MR&I Sys- (A) IN GENERAL.—The term ‘‘Crow Irriga- tem; and Tribe under section 307(d)(2). tion Project’’ means the irrigation project— (g) RECEIPT AND ACCEPTANCE.—The Sec- (C) any activity relating to replacement of (i) authorized by section 31 of the Act of project features of the MR&I System. retary shall be entitled to receive, shall ac- March 3, 1891 (26 Stat. 1040); cept, and shall use to carry out this title the (13) RESERVATION.—The term ‘‘Reserva- (ii) managed by the Secretary (acting tion’’ means the area identified as the Res- funds transferred under subsections (a), (b), through the Bureau of Indian Affairs); and (d), and (e), without further appropriation, to ervation on the map in appendix 4 of the (iii) consisting of the project units of— Compact. remain available until expended. (I) Agency; SEC. 313. ANTIDEFICIENCY. (14) SECRETARY.—The term ‘‘Secretary’’ (II) Bighorn; means the Secretary of the Interior. The United States shall not be liable for (III) Forty Mile; (15) TRIBAL COMPACT ADMINISTRATION.—The failure to carry out any obligation or activ- (IV) Lodge Grass #1; term ‘‘Tribal Compact Administration’’ ity authorized to be carried out under this (V) Lodge Grass #2; means any activity relating to— title (including any such obligation or activ- (VI) Pryor; (A) the development or enactment by the ity under the Agreement) if adequate appro- (VII) Reno; Tribe of the tribal water code; priations are not provided by Congress ex- (VIII) Soap Creek; and (B) establishment by the Tribe of a water pressly to carry out the purposes of this (IX) Upper Little Horn. title. resources department; and (B) INCLUSION.—The term ‘‘Crow Irrigation (C) the operation by the Tribe of that SEC. 314. COMPLIANCE WITH ENVIRONMENTAL Project’’ includes land held in trust by the LAWS. United States for the Tribe and the allottees water resources department (or a successor In implementing the Agreement and car- in the Bozeman Trail and Two Leggins irri- agency) during the 10-year period beginning rying out this title, the Secretary shall gation districts. on the date of establishment of the depart- promptly comply with all applicable require- ment. (6) ENFORCEABILITY DATE.—The term ‘‘en- ments of— forceability date’’ means the date on which (16) TRIBAL WATER CODE.—The term ‘‘tribal (1) the National Environmental Policy Act the Secretary publishes in the Federal Reg- water code’’ means a water code adopted by of 1969 (42 U.S.C. 4321 et seq.); ister the statement of findings described in the Tribe in accordance with section 407(f). (2) the Endangered Species Act of 1973 (16 section 410(e). (17) TRIBAL WATER RIGHTS.—The term U.S.C. 1531 et seq.); (7) FINAL.—The term ‘‘final’’ with ref- ‘‘tribal water rights’’ means— (3) all other applicable Federal environ- erence to approval of the decree described in (A) the water rights of the Tribe described mental laws; and section 410(e)(1)(A), means— in article III of the Compact; and (4) all regulations promulgated under the (A) completion of any direct appeal to the (B) the water rights provided to the Tribe laws described in paragraphs (1) through (3). Montana Supreme Court of a decree by the under section 408. TITLE IV—CROW TRIBE WATER RIGHTS Montana Water Court pursuant to section 85– (18) TRIBE.—The term ‘‘Tribe’’ means the SETTLEMENT 2–235 of the Montana Code Annotated (2009), Crow Tribe of Indians of the State of Mon- SEC. 401. SHORT TITLE. including the expiration of time for filing of tana on behalf of itself and its members (but This title may be cited as the ‘‘Crow Tribe any such appeal; or not its members in their capacities as Water Rights Settlement Act of 2010’’. (B) completion of any appeal to the appro- allottees). SEC. 402. PURPOSES. priate United States Court of Appeals, in- SEC. 404. RATIFICATION OF COMPACT. The purposes of this title are— cluding the expiration of time in which a pe- (a) RATIFICATION OF COMPACT.— (1) to achieve a fair, equitable, and final tition for certiorari may be filed in the (1) IN GENERAL.—Except as modified by this settlement of claims to water rights in the United States Supreme Court, denial of such title, and to the extent the Compact does not State of Montana for— petition, or issuance of a final judgment of conflict with this title, the Compact is au- (A) the Crow Tribe; and the United States Supreme Court, whichever thorized, ratified, and confirmed. (B) the United States for the benefit of the occurs last. (2) AMENDMENTS TO COMPACT.—If amend- Tribe and allottees; (8) FUND.—The term ‘‘Fund’’ means the ments are executed to make the Compact (2) to authorize, ratify, and confirm the Crow Settlement Fund established by sec- consistent with this title, those amendments Crow Tribe-Montana Water Rights Compact tion 411. are also authorized, ratified, and confirmed entered into by the Tribe and the State of (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ to the extent such amendments are con- Montana on June 22, 1999; has the meaning given the term in section 4 sistent with this title. (3) to authorize and direct the Secretary of of the Indian Self-Determination and Edu- (b) EXECUTION OF COMPACT.— the Interior— cation Assistance Act (25 U.S.C. 450b). (1) IN GENERAL.—To the extent that the (A) to execute the Crow Tribe-Montana (10) JOINT STIPULATION OF SETTLEMENT.— Compact does not conflict with this title, the Water Rights Compact; and The term ‘‘joint stipulation of settlement’’ Secretary is directed to and shall promptly (B) to take any other action necessary to means the joint stipulation of settlement re- execute the Compact, including all exhibits carry out the Compact in accordance with lating to the civil action styled Crow Tribe to or parts of the Compact requiring the sig- this title; and of Indians v. Norton, No. 02–284 (D.D.C. 2006). nature of the Secretary.

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(2) MODIFICATIONS.—Nothing in this title agreements with the Tribe to implement the struction activities, the Secretary shall re- precludes the Secretary from approving provisions of this section by which the Tribe view the design of the proposed MR&I Sys- modifications to appendices or exhibits to shall plan, design, and construct any or all of tem and perform value engineering analyses. the Compact not inconsistent with this title, the rehabilitation and improvement required (2) NEGOTIATION WITH TRIBE.—On the basis to the extent such modifications do not oth- by this section. of the review described in paragraph (1), the erwise require Congressional approval pursu- (2) OVERSIGHT COSTS.—The Bureau of Rec- Secretary shall negotiate with the Tribe ap- ant to section 2116 of the Revised Statutes lamation and the Tribe shall negotiate the propriate changes to the final design so that (25 U.S.C. 177) or other applicable Federal cost of any oversight activities carried out the final design meets applicable industry law. by the Bureau of Reclamation for each standards, as well as changes, if any, that (c) ENVIRONMENTAL COMPLIANCE.— agreement under this section, provided that would improve the cost-effectiveness of the (1) IN GENERAL.—In implementing the Com- the total cost for that oversight shall not ex- delivery of MR&I System water and take pact, the Secretary shall promptly comply ceed 4 percent of the total project costs. into consideration the equitable distribution with all applicable aspects of the National (g) ACQUISITION OF LAND.— of water to allottees. Environmental Policy Act of 1969 (42 U.S.C. (1) TRIBAL EASEMENTS AND RIGHTS-OF- (d) NONREIMBURSABILITY OF COSTS.—All 4321 et seq.), the Endangered Species Act of WAY.— costs incurred by the Secretary in carrying 1973 (16 U.S.C. 1531 et seq.), and all other ap- (A) IN GENERAL.—Upon request, and in par- out this section shall be nonreimbursable. plicable environmental Acts and regulations. tial consideration for the funding provided (e) FUNDING.—The total amount of obliga- (2) EXECUTION OF THE COMPACT.— under section 414(a), the Tribe shall consent tions incurred by the Secretary in carrying (A) IN GENERAL.—Execution of the Compact to the grant of such easements and rights-of- out this section shall not exceed $246,381,000, by the Secretary under this section shall not way over tribal land as may be necessary for except that the total amount of $246,381,000 constitute a major Federal action under the the rehabilitation and improvement of the shall be increased or decreased, as appro- National Environmental Policy Act of 1969 Crow Irrigation Project authorized by this priate, based on ordinary fluctuations from (42 U.S.C. 4321 et seq.). section at no cost to the United States. May 1, 2008, in construction cost indices ap- (B) COMPLIANCE.—The Secretary shall (B) JURISDICTION.—The Tribe shall retain plicable to the types of construction in- carry out all Federal compliance activities criminal and civil jurisdiction over any volved in the design and construction of the necessary to implement the Compact. lands that were subject to tribal jurisdiction MR&I System. (f) TRIBAL IMPLEMENTATION AGREEMENT.— SEC. 405. REHABILITATION AND IMPROVEMENT prior to the granting of an easement or (1) IN GENERAL.—At the request of the OF CROW IRRIGATION PROJECT. right-of-way in connection with the rehabili- Tribe, in accordance with applicable Federal (a) IN GENERAL.—Notwithstanding any tation and improvement of the Crow Irriga- law, the Secretary shall enter into 1 or more other provision of law, and without altering tion Project. agreements with the Tribe to implement the applicable law (including regulations) under (2) USER EASEMENTS AND RIGHTS-OF-WAY.— which the Bureau of Indian Affairs collects In partial consideration of the rehabilitation provisions of this section by which the Tribe assessments and carries out CIP OM&R, and improvement of the Crow Irrigation shall plan, design, and construct any or all of other than the rehabilitation and improve- Project authorized by this section and as a the rehabilitation and improvement required ment carried out under this section, the Sec- condition of continued service from the Crow by this section. VERSIGHT COSTS.—The Bureau of Rec- retary, acting through the Commissioner of Irrigation Project after the enforceability (2) O lamation and the Tribe shall negotiate the Reclamation, shall carry out such activities date, any water user of the Crow Irrigation cost of any oversight activities carried out as are necessary to rehabilitate and improve Project shall consent to the grant of such by the Bureau of Reclamation for each the water diversion and delivery features of easements and rights-of-way as may be nec- agreement under this section, provided that the Crow Irrigation Project, in accordance essary for the rehabilitation and improve- the total cost for that oversight shall not ex- with an agreement to be negotiated between ments authorized under this section at no ceed 4 percent of the total project costs. the Secretary and the Tribe. cost to the Secretary. (g) ACQUISITION OF LAND.— (b) LEAD AGENCY.—The Bureau of Reclama- (3) LAND ACQUIRED BY THE UNITED STATES.— (1) TRIBAL EASEMENTS AND RIGHTS-OF- tion shall serve as the lead agency with re- Land acquired by the United States in con- WAY.— spect to any activity to rehabilitate or im- nection with rehabilitation and improve- (A) IN GENERAL.—Upon request, and in par- prove the water diversion or delivery fea- ment of the Crow Irrigation Project author- tial consideration for the funding provided tures of the Crow Irrigation Project. ized by this section shall be held in trust by under section 414(b), the Tribe shall consent (c) SCOPE.— the United States on behalf of the Tribe as to the grant of such easements and rights-of- (1) IN GENERAL.—The scope of the rehabili- part of the Reservation of the Tribe. way over tribal land as may be necessary for tation and improvement under this section (h) PROJECT MANAGEMENT COMMITTEE.— shall be as generally described in the docu- The Secretary shall facilitate the formation the construction of the MR&I System au- ment entitled ‘‘Engineering Evaluation of of a project management committee com- thorized by this section at no cost to the Existing Conditions, Crow Agency Rehabili- posed of representatives from the Bureau of United States. tation Study’’ prepared by DOWL HKM, and Reclamation, the Bureau of Indian Affairs, (B) JURISDICTION.—The Tribe shall retain dated August 2007 and updated in a status re- and the Tribe— criminal and civil jurisdiction over any port dated December 2009 by DOWL HKM, on (1) to review cost factors and budgets for lands that were subject to tribal jurisdiction the condition that prior to beginning con- construction, operation, and maintenance prior to the granting of an easement or struction activities, the Secretary shall re- activities relating to the Crow Irrigation right-of-way in connection with the con- view the design of the proposed rehabilita- Project; struction of the MR&I System. tion or improvement and perform value engi- (2) to improve management of inherently (2) LAND ACQUIRED BY THE UNITED STATES.— neering analyses. governmental activities through enhanced Land acquired by the United States in con- (2) NEGOTIATION WITH TRIBE.—On the basis communication; and nection with the construction of the MR&I of the review described in paragraph (1), the (3) to seek additional ways to reduce over- System authorized by this section shall be Secretary shall negotiate with the Tribe ap- all costs for the rehabilitation and improve- held in trust by the United States on behalf propriate changes to the final design so that ment of the Crow Irrigation Project. of the Tribe as part of the Reservation of the the final design meets applicable industry SEC. 406. DESIGN AND CONSTRUCTION OF MR&I Tribe. standards, as well as changes, if any, that SYSTEM. (h) CONVEYANCE OF TITLE TO MR&I SYSTEM would improve the cost-effectiveness of the (a) IN GENERAL.—The Secretary, acting FACILITIES.—— delivery of irrigation water and take into through the Commissioner of Reclamation, (1) IN GENERAL.—The Secretary shall con- consideration the equitable distribution of shall plan, design, and construct the water vey title to each MR&I System facility or water to allottees. diversion and delivery features of the MR&I section of a MR&I System facility author- (d) NONREIMBURSABILITY OF COSTS.—All System, in accordance with 1 or more agree- ized under subsection (a) to the Tribe after costs incurred by the Secretary in carrying ments between the Secretary and the Tribe. completion of construction of a MR&I Sys- out this section shall be nonreimbursable. (b) LEAD AGENCY.—The Bureau of Reclama- tem facility or a section of a MR&I System (e) FUNDING.—The total amount of obliga- tion shall serve as the lead agency with re- facility that is operating and delivering tions incurred by the Secretary in carrying spect to any activity to design and construct water. out this section shall not exceed $131,843,000, the water diversion and delivery features of (2) LIABILITY.— except that the total amount of $131,843,000 the MR&I System. (A) IN GENERAL.—Effective on the date of shall be increased or decreased, as appro- (c) SCOPE.— the conveyance authorized by this sub- priate, based on ordinary fluctuations from (1) IN GENERAL.—The scope of the design section, the United States shall not be held May 1, 2008, in construction cost indices ap- and construction under this section shall be liable by any court for damages of any kind plicable to the types of construction in- as generally described in the document enti- arising out of any act, omission, or occur- volved in the rehabilitation and improve- tled ‘‘Crow Indian Reservation Municipal, rence relating to the land, buildings, or fa- ment. Rural and Industrial Water System Engi- cilities conveyed under this subsection, (f) TRIBAL IMPLEMENTATION AGREEMENT.— neering Report’’ prepared by DOWL HKM, other than damages caused by acts of neg- (1) IN GENERAL.—At the request of the and dated July 2008 and updated in a status ligence committed by the United States, or Tribe, in accordance with applicable Federal report dated December 2009 by DOWL HKM, by employees or agents of the United States, law, the Secretary shall enter into 1 or more on the condition that prior to beginning con- prior to the date of conveyance.

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(B) TORT CLAIMS.—Nothing in this section (2) the availability of funding under this (B) charges for delivery of water for irriga- increases the liability of the United States title and from other sources; tion purposes for allottees shall be assessed beyond the liability provided in chapter 171 (3) the availability of water from the tribal on a just and equitable basis; of title 28, United States Code (commonly water rights; and (C) there is a process by which an allottee known as the ‘‘Federal Tort Claims Act’’). (4) the applicability of section 7 of the Act may request that the Tribe provide water for (3) NOTICE OF PROPOSED CONVEYANCE.—Not of February 8, 1887 (25 U.S.C. 381) and this irrigation use in accordance with this title; later than 45 days before the date of a pro- title to protect the interests of allottees. (D) there is a due process system for the posed conveyance of title to any MR&I Sys- (b) CONFIRMATION OF TRIBAL WATER consideration and determination by the tem facility, the Secretary shall submit to RIGHTS.— Tribe of any request by an allottee, or any the Committee on Natural Resources of the (1) IN GENERAL.—The tribal water rights successor in interest to an allottee, for an al- House of Representatives and to the Com- are ratified, confirmed, and declared to be location of such water for irrigation pur- mittee on Energy and Natural Resources of valid. poses on allotted land, including a process the Senate notice of the conveyance of each (2) USE.—Use of the tribal water rights for— such MR&I System facility or section of a shall be subject to the terms and conditions (i) appeal and adjudication of any denied or MR&I System facility. established by the Compact. disputed distribution of water; and (4) MR&I SYSTEM OM&R OBLIGATION OF THE (c) HOLDING IN TRUST.—The tribal water (ii) resolution of any contested administra- FEDERAL GOVERNMENT AFTER CONVEYANCE.— rights— tive decision; and The Federal Government shall have no obli- (1) shall be held in trust by the United (E) there is a requirement that any allot- gation to pay for the operation, mainte- States for the use and benefit of the Tribe tee with a claim relating to the enforcement and the allottees in accordance with this sec- nance, or replacement costs of the MR&I of rights of the allottee under the tribal tion; and System beginning on the date on which— water code or relating to the amount of (2) shall not be subject to forfeiture or (A) title to any MR&I System facility or water allocated to land of the allottee must abandonment. section of a MR&I System facility under this first exhaust remedies available to the allot- (d) ALLOTTEES.— subsection is conveyed to the Tribe; and tee under tribal law and the tribal water (1) APPLICABILITY OF ACT OF FEBRUARY 8, (B) the amounts required to be deposited in code before initiating an action against the 1887.—The provisions of section 7 of the Act of the MR&I System OM&R Account pursuant United States or petitioning the Secretary February 8, 1887 (25 U.S.C. 381), relating to to section 411 have been deposited in that ac- pursuant to subsection (d)(6). the use of water for irrigation purposes shall count. (3) ACTION BY SECRETARY.— (i) AUTHORITY OF TRIBE.—Upon transfer of apply to the tribal water rights. (A) IN GENERAL.—The Secretary shall ad- title to the MR&I System or any section of (2) ENTITLEMENT TO WATER.—Any entitle- minister the tribal water rights until the a MR&I System facility to the Tribe in ac- ment to water of an allottee under Federal tribal water code is enacted in accordance cordance with subsection (h), the Tribe is au- law shall be satisfied from the tribal water with paragraph (1) and those provisions re- thorized to collect water use charges from rights. quiring approval pursuant to paragraph (2). customers of the MR&I System to cover— (3) ALLOCATIONS.—Allottees shall be enti- (B) APPROVAL.—The tribal water code shall (1) MR&I System OM&R costs; and tled to a just and equitable allocation of not be valid unless— (2) any other costs relating to the con- water for irrigation purposes. (i) the provisions of the tribal water code struction and operation of the MR&I Sys- (4) EXHAUSTION OF REMEDIES.—Before as- required by paragraph (2) are approved by tem. serting any claim against the United States the Secretary; and (j) ALIENATION AND TAXATION.—Conveyance under section 7 of the Act of February 8, 1887 (ii) each amendment to the tribal water of title to the Tribe pursuant to subsection (25 U.S.C. 381), or any other applicable law, code that affects a right of an allottee is ap- (h) does not waive or alter any applicable an allottee shall exhaust remedies available proved by the Secretary. Federal law prohibiting alienation or tax- under the tribal water code or other applica- (C) APPROVAL PERIOD.—The Secretary shall ation of the MR&I System or the underlying ble tribal law. approve or disapprove the tribal water code Reservation land. (5) CLAIMS.—Following exhaustion of rem- within a reasonable period of time after the (k) TECHNICAL ASSISTANCE.—The Secretary edies available under the tribal water code or date on which the Tribe submits it to the shall provide technical assistance to prepare other applicable tribal law, an allottee may the Tribe for operation of the MR&I System, Secretary. seek relief under section 7 of the Act of Feb- including operation and management train- ruary 8, 1887 (25 U.S.C. 381), or other applica- (g) EFFECT.—Except as otherwise specifi- ing. ble law. cally provided in this section, nothing in this (l) PROJECT MANAGEMENT COMMITTEE.—The title— (6) AUTHORITY.—The Secretary shall have Secretary shall facilitate the formation of a (1) authorizes any action by an allottee project management committee composed of the authority to protect the rights of allottees as specified in this section. against any individual or entity, or against representatives from the Bureau of Reclama- the Tribe, under Federal, State, tribal, or tion, the Bureau of Indian Affairs, and the (e) AUTHORITY OF TRIBE.— (1) IN GENERAL.—Except as provided in local law; or Tribe— (2) alters or affects the status of any action (1) to review cost factors and budgets for paragraph (2), the Tribe shall have authority to allocate, distribute, and lease the tribal pursuant to section 1491(a) of title 28, United construction, operation and maintenance ac- States Code. tivities for the MR&I System; water rights— (2) to improve management of inherently (A) in accordance with the Compact; and SEC. 408. STORAGE ALLOCATION FROM BIGHORN LAKE. governmental activities through enhanced (B) subject to approval of the Secretary of communication; and the tribal water code under subsection (a) STORAGE ALLOCATION TO TRIBE.— (3) to seek additional ways to reduce over- (f)(3)(B). (1) IN GENERAL.—As described in and sub- all costs for the MR&I System. (2) LEASES BY ALLOTTEES.—Notwith- ject to article III(A)(1)(b) of the Compact, (m) NON-FEDERAL CONTRIBUTION.— standing paragraph (1), an allottee may lease the Secretary shall allocate to the Tribe (1) IN GENERAL.—Prior to completion of the any interest in land held by the allottee, to- 300,000 acre-feet per year of water stored in final design of the MR&I System required by gether with any water right determined to Bighorn Lake, Yellowtail Unit, Lower Big- subsection (c), the Secretary shall consult be appurtenant to the interest in land. horn Division, Pick Sloan Missouri Basin with the Tribe, the State of Montana, and (f) TRIBAL WATER CODE.— Program, Montana, under a water right held other affected non-Federal parties to discuss (1) IN GENERAL.—Notwithstanding the time by the United States and managed by the the possibility of receiving non-Federal con- period set forth in article IV(A)(2)(b) of the Bureau of Reclamation, as measured at the tributions to the cost of the MR&I System. Compact, not later than 3 years after the outlet works of Yellowtail Dam, including— (2) NEGOTIATIONS.—If, based on the extent date on which the Tribe ratifies the Compact (A) not more than 150,000 acre-feet per year to which non-Federal parties are expected to as set forth in section 410(e)(1)(E), the Tribe of the allocation, which may be used in addi- use the MR&I System, a non-Federal con- shall enact a tribal water code, that provides tion to the natural flow right described in tribution to the MR&I System is determined for— article III(A)(1)(a) of the Compact; and by the parties described in paragraph (1) to (A) the management, regulation, and gov- (B) 150,000 acre-feet per year of the alloca- be appropriate, the Secretary shall initiate ernance of all uses of the tribal water rights tion, which may be used only as supple- negotiations for an agreement on the means in accordance with the Compact; and mental water for the natural flow right de- by which such contributions may be pro- (B) establishment by the Tribe of condi- scribed in article III(A)(1)(a) of the Compact vided. tions, permit requirements, and other limi- for use in times of natural flow shortage. SEC. 407. TRIBAL WATER RIGHTS. tations relating to the storage, recovery, and (2) TREATMENT.— (a) INTENT OF CONGRESS.—It is the intent of use of the tribal water rights in accordance (A) IN GENERAL.—The allocation under Congress to provide to each allottee benefits with the Compact. paragraph (1) shall be considered to be part that are equivalent to or exceed the benefits (2) INCLUSIONS.—Subject to the approval of of the tribal water rights. allottees possess as of the date of enactment the Secretary, the tribal water code shall (B) PRIORITY DATE.—The priority date of of this Act, taking into consideration— provide that— the allocation under paragraph (1) shall be (1) the potential risks, cost, and time delay (A) tribal allocations of water to allottees the priority date of the water right held by associated with litigation that would be re- shall be satisfied with water from the tribal the Bureau of Reclamation. solved by the Compact and this title; water rights; (C) ADMINISTRATION.—

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(i) IN GENERAL.—The Tribe shall admin- more than 50,000 acre-feet per year of water ject to the retention of rights set forth in ister the water allocated under paragraph (1) allocated under subsection (a)(1)(A) for use subsection (c), in return for recognition of in accordance with the Compact. off the Reservation. the tribal water rights and other benefits as (ii) TEMPORARY TRANSFER.—In accordance (2) REQUIREMENT.—An agreement under set forth in the Compact and this title, the with subsection (c), the Tribe may tempo- paragraph (1) shall not permanently alienate Tribe, on behalf of itself and the members of rarily transfer by service contract, lease, ex- any portion of the water allocated under sub- the Tribe (but not tribal members in their change, or other agreement, not more than section (a)(1)(A). capacities as allottees), and the United 50,000 acre-feet of water allocated under (d) REMAINING STORAGE.— States, acting as trustee for the Tribe and paragraph (1)(A) off the Reservation, subject (1) IN GENERAL.—As of the date of enact- the members of the Tribe (but not tribal to the approval of the Secretary and the re- ment of this Act, water in Bighorn Lake members in their capacities as allottees), are quirements of the Compact. shall be considered to be fully allocated and authorized and directed to execute a waiver (b) ALLOCATION AGREEMENT.— no further storage allocations shall be made and release of all claims for water rights (1) IN GENERAL.—As a condition of receiv- by the Secretary. within the State of Montana that the Tribe, ing an allocation under this section, the (2) EFFECT OF SUBSECTION.—Nothing in this or the United States acting as trustee for the Tribe shall enter into an allocation agree- subsection prevents the Secretary from— Tribe, asserted, or could have asserted, in ment with the Secretary to establish the (A) renewing the storage contract with any proceeding, including the State of Mon- terms and conditions of the allocation, in ac- Pennsylvania Power and Light Company tana stream adjudication, prior to and in- cordance with the terms and conditions of consistent with the allocation to Pennsyl- cluding the enforceability date, except to the the Compact and this title. vania Power and Light Company in existence extent that such rights are recognized in the (2) INCLUSIONS.—The allocation agreement on the date of enactment of this Act; or Compact or this title. under paragraph (1) shall include, among (B) entering into future agreements with (2) WAIVER AND RELEASE OF CLAIMS BY THE other things, a provision that— either the Northern Cheyenne Tribe or the UNITED STATES ACTING IN ITS CAPACITY AS (A) the agreement is without limit as to Crow Tribe facilitating either tribe’s use of TRUSTEE FOR ALLOTTEES.—Subject to the re- term; its respective allocation of water from Big- tention of rights set forth in subsection (c), (B) the Tribe, and not the United States, horn Lake. in return for recognition of the water rights shall be entitled to all consideration due to of the Tribe and other benefits as set forth in SEC. 409. SATISFACTION OF CLAIMS. the Tribe under any lease, contract, or the Compact and this title, the United (a) IN GENERAL.— agreement the Tribe may enter into pursu- States, acting as trustee for allottees, is au- (1) SATISFACTION OF TRIBAL CLAIMS.—The ant to the authority in subsection (c); thorized and directed to execute a waiver benefits realized by the Tribe under this title (C) the United States shall have no trust and release of all claims for water rights shall be in complete replacement of and sub- obligation or other obligation to monitor, within the Reservation and the ceded strip stitution for, and full satisfaction of, all administer, or account for— that the United States, acting as trustee for claims of the Tribe against the United States (i) any funds received by the Tribe as con- the allottees, asserted, or could have as- under paragraphs (1) and (3) of section 410(a). sideration under any lease, contract, or serted, in any proceeding, including the (2) SATISFACTION OF ALLOTTEE CLAIMS.—The agreement the Tribe may enter into pursu- State of Montana stream adjudication, prior ant to the authority in subsection (c); or benefits realized by the allottees under this to and including the enforceability date, ex- (ii) the expenditure of such funds; title shall be in complete replacement of and cept to the extent that such rights are recog- (D) if the facilities at Yellowtail Dam are substitution for, and full satisfaction of— nized in the Compact or this title. (A) all claims waived and released under significantly reduced or are anticipated to be (3) WAIVER AND RELEASE OF CLAIMS BY THE section 410(a)(2); and significantly reduced for an extended period TRIBE AGAINST THE UNITED STATES.—Subject of time, the Tribe shall have the same stor- (B) any claims of the allottees against the to the retention of rights set forth in sub- age rights as other storage contractors with United States that the allottees have or section (c), the Tribe, on behalf of itself and respect to the allocation under this section; could have asserted that are similar in na- the members of the Tribe (but not Tribal (E) the costs associated with the construc- ture to those described in section 410(a)(3). members in their capacities as allottees), is tion of the storage facilities at Yellowtail (b) SATISFACTION OF CLAIMS RELATING TO authorized to execute a waiver and release Dam allocable to the Tribe— CROW IRRIGATION PROJECT.— of— (i) shall be nonreimbursable; and (1) IN GENERAL.—Subject to paragraph (3), (A) all claims against the United States, (ii) shall be excluded from any repayment the funds made available under subsections including the agencies and employees of the obligation of the Tribe; (a) and (f) of section 414 shall be used to sat- United States, relating to claims for water (F) no water service capital charges shall isfy any claim of the Tribe or the allottees rights within the State of Montana that the be due or payable for any water allocated to with respect to the appropriation of funds for United States, acting as trustee for the the Tribe pursuant to this title and the allo- the rehabilitation, expansion, improvement, Tribe, asserted, or could have asserted, in cation agreement, regardless of whether that repair, operation, or maintenance of the any proceeding, including the State of Mon- water is delivered for use by the Tribe or is Crow Irrigation Project. tana stream adjudication, except to the ex- delivered under any leases, contracts, or (2) SATISFACTION OF CLAIMS.—Upon com- tent that such rights are recognized as tribal agreements the Tribe may enter into pursu- plete transfer of the funds described in sub- water rights in this title, including all ant to the authority in subsection (c); sections (a) and (f) of section 414 any claim of claims relating in any manner to the claims (G) the Tribe shall not be required to make the Tribe or the allottees with respect to the reserved against the United States or agen- payments to the United States for any water transfer of funds for the rehabilitation, ex- cies or employees of the United States in allocated to the Tribe pursuant to this title pansion, improvement, repair, operation, or section 4(e) of the joint stipulation of settle- and the allocation agreement except for each maintenance of the Crow Irrigation Project ment; acre-foot of stored water leased or sold for shall be deemed to have been satisfied. (B) all claims against the United States, industrial purposes; and (3) EFFECT.—Except as provided in section including the agencies and employees of the (H) for each acre-foot of stored water 405, nothing in this title affects any applica- United States, relating to damages, losses, leased or sold by the Tribe for industrial pur- ble law (including regulations) under which or injuries to water, water rights, land, or poses— the United States collects irrigation assess- natural resources due to loss of water or (i) the Tribe shall pay annually to the ments from— water rights (including damages, losses, or United States an amount to cover the pro- (A) non-Indian users of the Crow Irrigation injuries to hunting, fishing, gathering, or portionate share of the annual operation, Project; and cultural rights due to loss of water or water maintenance, and replacement costs for the (B) the Tribe, tribal entities and instru- rights, claims relating to interference with, Yellowtail Unit allocable to the amount of mentalities, tribal members, allottees, and diversion or taking of water, or claims relat- water for industrial purposes leased or sold entities owned by the Tribe, tribal members, ing to failure to protect, acquire, replace, or by the Tribe; and or allottees, to the extent that annual irriga- develop water, water rights, or water infra- (ii) the annual payments of the Tribe shall tion assessments on such tribal water users structure) within the State of Montana that be reviewed and adjusted, as appropriate, to exceed the amount of funds available under first accrued at any time prior to and includ- reflect the actual operation, maintenance, section 411(e)(3)(D) for costs relating to CIP ing the enforceability date, including all and replacement costs for the Yellowtail OM&R. claims relating to the failure to establish or Unit. (c) NO RECOGNITION OF WATER RIGHTS.— provide a municipal rural or industrial water (c) TEMPORARY TRANSFER FOR USE OFF Notwithstanding subsection (a) and except as delivery system on the Reservation and all RESERVATION.— provided in section 407, nothing in this title claims relating to the failure to provide for, (1) IN GENERAL.—Notwithstanding any recognizes or establishes any right of a mem- operate, or maintain the Crow Irrigation other provision of statutory or common law ber of the Tribe or an allottee to water with- Project, or any other irrigation system or ir- and subject to paragraph (2), on approval of in the Reservation or the ceded strip. rigation project on the Reservation; the Secretary and subject to the terms and SEC. 410. WAIVERS AND RELEASES OF CLAIMS. (C) all claims against the United States, conditions of the Compact, the Tribe may (a) IN GENERAL.— including the agencies and employees of the enter into a service contract, lease, ex- (1) WAIVER AND RELEASE OF CLAIMS BY THE United States, relating to the pending litiga- change, or other agreement providing for the TRIBE AND THE UNITED STATES ACTING IN ITS tion of claims relating to the water rights of temporary delivery, use, or transfer of not CAPACITY AS TRUSTEE FOR THE TRIBE.—Sub- the Tribe in the State of Montana;

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(e) ENFORCEABILITY DATE.— ing to water rights in the State of Montana (b) EFFECTIVENESS OF WAIVERS AND RE- (1) IN GENERAL.—The enforceability date asserted by the Tribe or in any future settle- LEASES.—The waivers under subsection (a) shall be the date on which the Secretary ment of the water rights of the Crow Tribe. shall take effect on the enforceability date. publishes in the Federal Register a state- SEC. 411. CROW SETTLEMENT FUND. (c) RESERVATION OF RIGHTS AND RETENTION ment of findings that— (a) ESTABLISHMENT.—There is established OF CLAIMS.—Notwithstanding the waivers (A)(i) the Montana Water Court has issued in the Treasury of the United States a fund and releases authorized in this title, the a final judgment and decree approving the to be known as ‘‘the Crow Settlement Fund’’, Tribe on behalf of itself and the members of Compact; or to be administered by the Secretary for the the Tribe and the United States, acting as (ii) if the Montana Water Court is found to purpose of carrying out this title. trustee for the Tribe and allottees, retain— lack jurisdiction, the district court of juris- (b) TRANSFERS TO FUND.—The Fund shall (1) all claims for enforcement of the Com- diction has approved the Compact as a con- consist of such amounts as are deposited in pact, any final decree, or this title; sent decree and such approval is final; the Fund under subsections (c) through (h) of (2) all rights to use and protect water (B) all of the funds made available under section 414. rights acquired after the date of enactment subsections (c) through (f) of section 414 have (c) ACCOUNTS OF CROW SETTLEMENT FUND.— of this Act; been deposited in the Fund; The Secretary shall establish in the Fund (3) all claims relating to activities affect- (C) the Secretary has executed the agree- the following accounts: ing the quality of water, including any ments with the Tribe required by sections (1) The Tribal Compact Administration ac- claims the Tribe may have under— 405(a) and 406(a); count, consisting of amounts made available (A) the Comprehensive Environmental Re- (D) the State of Montana has appropriated pursuant to section 414(c). sponse, Compensation, and Liability Act of and paid into an interest-bearing escrow ac- (2) The Energy Development Projects ac- 1980 (42 U.S.C. 9601 et seq.), including for count any payments due as of the date of en- count, consisting of amounts made available damages to natural resources; actment of this Act to the Tribe under the pursuant to section 414(d). (B) the Safe Drinking Water Act (42 U.S.C. Compact; (3) The MR&I System OM&R Account, con- 300f et seq.); (E)(i) the Tribe has ratified the Compact sisting of amounts made available pursuant (C) the Federal Water Pollution Control by submitting this title and the Compact to to section 414(e). Act (33 U.S.C. 1251 et seq.); and a vote by the tribal membership for approval (4) The CIP OM&R Account, consisting of (D) any regulations implementing the Acts or disapproval; and amounts made available pursuant to section described in subparagraphs (A) through (C); (ii) the tribal membership has voted to ap- 414(f). (4) all claims relating to damages, losses, prove this title and the Compact by a major- (d) DEPOSITS TO CROW SETTLEMENT FUND.— or injuries to land or natural resources not ity of votes cast on the day of the vote, as (1) IN GENERAL.—The Secretary of the due to loss of water or water rights (includ- certified by the Secretary and the Tribe; Treasury shall promptly deposit in the Fund ing hunting, fishing, gathering, or cultural (F) the Secretary has fulfilled the require- any amounts appropriated for that purpose. rights); ments of section 408(a); and (2) PRIORITY OF DEPOSITS TO ACCOUNTS.—Of (5) all rights, remedies, privileges, immuni- (G) the waivers and releases authorized and the amounts appropriated for deposit in the ties, and powers not specifically waived and set forth in subsection (a) have been exe- Fund, the Secretary of the Treasury shall de- released pursuant to this title or article cuted by the Tribe and the Secretary. posit amounts in the accounts listed in sub- VII(E) of the Compact; (f) TOLLING OF CLAIMS.— section (c)— (6) all claims against any person or entity (1) IN GENERAL.—Each applicable period of (A) in full; and other than the United States, including limitation and time-based equitable defense (B) in the order listed in subsection (c). claims for monetary damages, with respect relating to a claim described in this section (e) MANAGEMENT.— to— shall be tolled for the period beginning on (1) IN GENERAL.—The Secretary shall man- (A) the claim of the Tribe of title to land the date of enactment of this Act and ending age the Fund, make investments from the created by the movement of the Bighorn on the date on which the amounts made Fund, and make amounts available from the River; and available to carry out this title are trans- Fund for distribution to the Tribe consistent (B) the productive use of that land created ferred to the Secretary. with the American Indian Trust Fund Man- by the movement of the Bighorn River to (2) EFFECT OF SUBSECTION.—Nothing in this agement Reform Act of 1994 (25 U.S.C. 4001 et which the Tribe has claimed title; and subsection revives any claim or tolls any pe- seq.). (7) all claims that first accrued after the riod of limitation or time-based equitable de- (2) INVESTMENT OF CROW SETTLEMENT enforceability date with respect to claims fense that expired before the date of enact- FUND.—Beginning on the enforceability date, otherwise waived in accordance with sub- ment of this Act. the Secretary shall invest amounts in the paragraphs (B) and (E) through (H) of sub- (g) EXPIRATION AND TOLLING.—In the event Fund in accordance with— section (a)(3). that all appropriations authorized by this (A) the Act of April 1, 1880 (25 U.S.C. 161); (d) EFFECT OF COMPACT AND TITLE.—Noth- Act have not been made available to the Sec- (B) the first section of the Act of June 24, ing in the Compact or this title— retary by June 30, 2030— 1938 (25 U.S.C. 162a); and

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(C) the obligations of Federal corporations (C) LIABILITY.—The Secretary and the Sec- agement Plan referred to in and part of the and Federal Government-sponsored entities, retary of the Treasury shall not be liable for Compact shall be interpreted to clearly re- the charter documents of which provide that the expenditure or investment of amounts flect paragraphs (1) and (2). the obligations of the entities are lawful in- withdrawn from the Fund by the Tribe under (4) APPLICABILITY OF INSTREAM FLOW RE- vestments for federally managed funds, in- this paragraph. QUIREMENTS IN PLAN.—Notwithstanding any cluding— (D) EXPENDITURE PLAN.— term (including any defined term) or provi- (i) the obligations of the United States (i) IN GENERAL.—For each fiscal year, the sion in the Streamflow and Lake Level Man- Postal Service described in section 2005 of Tribe shall submit to the Secretary for ap- agement Plan, for purposes of this title, the title 39, United States Code; proval an expenditure plan for any portion of Compact, and the Streamflow and Lake (ii) bonds and other obligations of the Ten- the amounts described in subparagraph (A) Level Management Plan, any requirement in nessee Valley Authority described in section that the Tribe elects not to withdraw under the Streamflow and Lake Level Management 15d of the Tennessee Valley Authority Act of this paragraph during the fiscal year. Plan that the Tribe dedicate a specified per- 1933 (16 U.S.C. 831n–4); (ii) INCLUSION.—An expenditure plan under centage, portion, or number of acre-feet of (iii) mortgages, obligations, and other se- clause (i) shall include a description of the water per year of the tribal water rights to curities of the Federal Home Loan Mortgage manner in which, and the purposes for instream flow means (and is limited in Corporation described in section 303 of the which, amounts of the Tribe remaining in meaning and effect to) an obligation on the Federal Home Loan Mortgage Corporation the Fund will be used during subsequent fis- part of the Tribe to withhold from develop- Act (12 U.S.C. 1452); and cal years. ment or otherwise refrain from diverting or (iv) bonds, notes, and debentures of the (iii) APPROVAL.—On receipt of an expendi- removing from the Bighorn River the speci- Commodity Credit Corporation described in ture plan under clause (i), the Secretary fied quantity of water for the duration, at section 4 of the Act of March 8, 1938 (15 shall approve the plan if the Secretary deter- the locations, and under the conditions set U.S.C. 713a–4). mines that the plan is— forth in the applicable requirement. (3) DISTRIBUTIONS FROM CROW SETTLEMENT (I) reasonable; and (b) POWER GENERATION.— FUND.— (II) consistent with this title. (1) IN GENERAL.—Notwithstanding any (A) IN GENERAL.—Amounts from the Fund (5) ANNUAL REPORTS.—The Tribe shall sub- other provision of law, the Tribe shall have shall be used for each purpose described in mit to the Secretary annual reports describ- subparagraphs (B) through (E). the exclusive right to develop and market ing each expenditure by the Tribe of power generation on the Yellowtail Afterbay (B) TRIBAL COMPACT ADMINISTRATION AC- amounts in the Fund during the preceding Dam, provided that this exclusive right shall COUNT.—The Tribal Compact Administration calendar year. expire 15 years after the date of enactment of account shall be used for expenditures by the (6) CERTAIN PER CAPITA DISTRIBUTIONS PRO- Tribe for Tribal Compact Administration. this Act if construction has not been sub- HIBITED.—No amount in the Fund shall be (C) ENERGY DEVELOPMENT PROJECTS AC- stantially completed on the power genera- distributed to any member of the Tribe on a tion project of the Tribe. COUNT.—The Energy Development Projects per capita basis. account shall be used for expenditures by the (2) BUREAU OF RECLAMATION COOPERATION.— (f) AVAILABILITY.— Tribe for the following types of energy devel- The Bureau of Reclamation shall cooperate (1) IN GENERAL.—Except as provided in with the Tribe on the development of any opment on the Reservation, the ceded strip, paragraph (2), the amounts in the Fund shall and land owned by the Tribe: power generation project under this sub- be available for use by the Secretary and (i) Development and marketing of power section. withdrawal by the Tribe beginning on the en- generation on the Yellowtail Afterbay Dam (3) AGREEMENT.—Before construction of a forceability date. authorized in section 412(b). power generation project under this sub- (2) EXCEPTION.—The amounts made avail- (ii) Development of clean coal conversion section, the Tribe shall enter into an agree- able under section 414(c) shall be available projects. ment with the Bureau of Reclamation that for use by the Secretary and withdrawal by (iii) Renewable energy projects other than contains provisions that— the Tribe beginning on the date on which the the project described in clause (i). (A) allocate the responsibilities for the de- Tribe ratifies the Compact as provided in (D) CIP OM&R ACCOUNT.— sign, construction, and operations of the section 410(e)(1)(E). (i) IN GENERAL.—Amounts in the CIP project; OM&R Account shall be used for CIP OM&R (g) STATE CONTRIBUTION.—The State of (B) assure the compatibility of the power costs. Montana contribution to the Fund shall be generation project with the operations of the provided in accordance with article VI(A) of (ii) REDUCTION OF COSTS TO TRIBAL WATER Yellowtail Unit and the Yellowtail Afterbay the Compact. USERS.— Dam, which shall include entering into (h) SEPARATE APPROPRIATIONS ACCOUNT.— (I) IN GENERAL.—Subject to subclause (II), agreements— the funds described in clause (i) shall be used Section 1105(a) of title 31, United States (i) regarding operating criteria and emer- to reduce the CIP OM&R costs to all tribal Code, is amended— gency procedures, as they relate to dam safe- water users on a proportional basis for a (1) by redesignating paragraphs (35) and ty; and given year. (36) as paragraphs (36) and (37), respectively; (ii) under which, should the Tribe propose (II) LIMITATION ON USE OF FUNDS.—Funds in (2) by redesignating the second paragraph any modifications to facilities owned by the the CIP OM&R Account shall be used to pay (33) (relating to obligational authority and Bureau of Reclamation, the proposed modi- irrigation assessments only for the Tribe, outlays requested for homeland security) as fications shall be subject to review and ap- tribal entities and instrumentalities, tribal paragraph (35); and proval by the Secretary, acting through the members, allottees, and entities owned by (3) by adding at the end the following: Bureau of Reclamation; the Tribe, tribal members, or allottees. ‘‘(38) a separate statement for the Crow (C) beginning 10 years after the date on (E) MR&I SYSTEM OM&R ACCOUNT.—Funds Settlement Fund established under section which the Tribe begins marketing power gen- from the MR&I System OM&R Account shall 411 of the Crow Tribe Water Rights Settle- erated from the Yellowtail Afterbay Dam, be used to assist the Tribe in paying MR&I ment Act of 2010, which shall include the es- the Tribe shall make annual payments for System OM&R costs. timated amount of deposits into the Fund, operation, maintenance, and replacement (4) WITHDRAWALS BY TRIBE.— obligations, and outlays from the Fund.’’. costs in amounts determined in accordance (A) IN GENERAL.—The Tribe may withdraw SEC. 412. YELLOWTAIL DAM, MONTANA. with the guidelines and methods of the Bu- any portion of amounts in the Fund on ap- (a) STREAMFLOW AND LAKE LEVEL MANAGE- reau of Reclamation for assessing operation, proval by the Secretary of a tribal manage- MENT PLAN.— maintenance, and replacement charges, pro- ment plan in accordance with the American (1) IN GENERAL.—Nothing in this title, the vided that such annual payments shall not Indian Trust Fund Management Reform Act Compact, or the Streamflow and Lake Level exceed 3 percent of gross annual revenue pro- of 1994 (25 U.S.C. 4001 et seq.). Management Plan referred to in article duced by the sale of electricity generated by (B) REQUIREMENTS.— III(A)(7) of the Compact— such project; and (i) IN GENERAL.—In addition to the require- (A) limits the discretion of the Secretary (D) the Secretary— ments under the American Indian Trust under the section 4F of that plan; or (i) shall review the charges established in Fund Management Reform Act of 1994 (25 (B) requires the Secretary to give priority the agreement on the date that is 5 years U.S.C. 4001 et seq.), the tribal management to any factor described in section 4F of that after the date on which the Tribe makes the plan of the Tribe under subparagraph (A) plan over any other factor described in that first payment described in subparagraph (C) shall require that the Tribe spend any section. to the Secretary under the agreement and at amounts withdrawn from the Fund in ac- (2) BIGHORN LAKE MANAGEMENT.—Bighorn 5 year intervals thereafter; and cordance with this title. Lake water management, including the (ii) may increase or decrease the charges in (ii) ENFORCEMENT.—The Secretary may Streamflow and Lake Level Management proportion to the amount of any increase or carry out such judicial or administrative ac- Plan, is a Federal activity, and the review decrease in the costs of operation, mainte- tions as the Secretary determines to be nec- and enforcement of any water management nance, and replacement for the Yellowtail essary to enforce a tribal management plan decisions relating to Bighorn Lake shall be Afterbay Dam, provided that any increase in to ensure that amounts withdrawn by the as provided by Federal law. operation, maintenance, and replacement Tribe from the Fund under this paragraph (3) APPLICABILITY OF PARAGRAPHS (1) AND costs assessed to the Tribe may not exceed— are used in accordance with this title. (2).—The Streamflow and Lake Level Man- (I) 5 percent in any 5 year period; and

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.011 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7673 (II) 3 percent of the gross annual revenue provision, or term of the Yellowstone River justed to reflect changes since May 1, 2008, in produced by the sale of electricity generated Compact; construction cost indices applicable to the by such project. (ii) any right, requirement, or obligation types of construction involved in the design (4) USE OF POWER BY TRIBE.—Any hydro- under the Yellowstone River Compact; and construction of the MR&I System, for electric power generated in accordance with (iii) any allocation (or manner of deter- the design and construction of the MR&I this subsection shall be used or marketed by mining any allocation) of water under the System. the Tribe. Yellowstone River Compact; or (2) AUTHORIZATION OF APPROPRIATIONS.—In (5) REVENUES.—The Tribe shall retain any (iv) any present or future claim, defense, or addition to the amount made available under revenues from the sale of hydroelectric other position asserted in any legal, adminis- paragraph (1), there is authorized to be ap- power generated by a project under this sub- trative, or other proceeding arising under or propriated to the Secretary for the design section. relating to the Yellowstone River Compact and construction of the MR&I System (6) LIABILITY OF UNITED STATES.—The (including the original proceeding between $100,381,000, adjusted to reflect changes since United States shall have no trust obligation the State of Montana and the State of Wyo- May 1, 2008, in construction cost indices ap- to monitor, administer, or account for— ming pending as of the date of enactment of plicable to the types of construction in- (A) the revenues received by the Tribe this Act before the United States Supreme volved in the design and construction of the under this subsection; or Court); MR&I System. (B) the expenditure of the revenues re- (B) makes an allocation or apportionment (c) TRIBAL COMPACT ADMINISTRATION.—Out ceived by the Tribe under this subsection. of water between or among States; of any funds in the Treasury not otherwise (c) CONSULTATION WITH TRIBE.—The Bureau (C) addresses or implies whether, how, or appropriated, the Secretary of the Treasury of Reclamation shall consult with the Tribe to what extent (if any)— shall transfer to the Secretary $4,776,000, ad- on at least a quarterly basis on all issues re- (i) the tribal water rights, or any portion justed to reflect changes in appropriate cost lating to the management of Yellowtail Dam of the tribal water rights, should be ac- indices during the period beginning on the by the Bureau of Reclamation. counted for as part of or otherwise charged date of enactment of this Act and ending on (d) AMENDMENTS TO COMPACT AND PLAN.— against any allocation of water made to a the date of the transfer, for Tribal Compact The provisions of subsection (a) apply to any State under the provisions of the Yellow- Administration. amendment to— stone River Compact; or (d) ENERGY DEVELOPMENT PROJECTS.—Out (1) the Compact; or (ii) the Yellowstone River Compact in- of any funds in the Treasury not otherwise (2) the Streamflow and Lake Level Man- cludes the tribal water rights or the water appropriated, the Secretary of the Treasury agement Plan. right of any Indian tribe as part of any allo- shall transfer to the Secretary $20,000,000, ad- SEC. 413. MISCELLANEOUS PROVISIONS. cation or other disposition of water under justed to reflect changes in appropriate cost indices during the period beginning on the (a) WAIVER OF SOVEREIGN IMMUNITY BY THE that compact; or date of enactment of this Act and ending on UNITED STATES.—Except as provided in sub- (D) waives the sovereign immunity from the date of the transfer, for Energy Develop- sections (a) through (c) of section 208 of the suit of any State under the Eleventh Amend- ment Projects as set forth in section Department of Justice Appropriation Act, ment to the Constitution of the United 411(e)(3)(C). 1953 (43 U.S.C. 666), nothing in this title States, except as expressly authorized in Ar- (e) MR&I SYSTEM OM&R.—Out of any waives the sovereign immunity of the United ticle IV(F)(8) of the Compact. funds in the Treasury not otherwise appro- States. (2) EFFECT OF CERTAIN PROVISIONS IN COM- priated, the Secretary of the Treasury shall (b) OTHER TRIBES NOT ADVERSELY AF- PACT.—The provisions in paragraphs (1) and transfer to the Secretary $47,000,000, adjusted FECTED.—Nothing in this title quantifies or (2) of article III (A)(6)(a), paragraphs (1) and to reflect changes in appropriate cost indices diminishes any land or water right, or any (2) of article III(B)(6)(a), paragraphs (1) and during the period beginning on the date of claim or entitlement to land or water, of an (2) of article III(E)(6)(a), and paragraphs (1) enactment of this Act and ending on the date Indian tribe, band, or community other than and (2) of article III (F)(6)(a) of the Compact of the transfer, for MR&I System OM&R. the Tribe. that provide protections to certain water rights recognized under the laws of the State (f) CIP OM&R.—Out of any funds in the (c) LIMITATION ON CLAIMS FOR REIMBURSE- Treasury not otherwise appropriated, the MENT.—With respect to Indian land within of Montana do not affect in any way, either directly or indirectly, existing or future Secretary of the Treasury shall transfer to the Reservation or the ceded strip— the Secretary $10,000,000, adjusted to reflect (1) the United States shall not submit water rights (including the exercise of any such rights) outside of the State of Montana. changes in appropriate cost indices during against any Indian-owned land located with- the period beginning on the date of enact- (g) EFFECT ON RECLAMATION LAW.—The ac- in the Reservation or the ceded strip any ment of this Act and ending on the date of claim for reimbursement of the cost to the tivities carried out by the Bureau of Rec- lamation under this title shall not establish the transfer, for CIP OM&R. United States of carrying out this title and (g) USE.—In addition to the uses authorized a precedent or impact the authority provided the Compact; and under subsections (a) and (b), such amounts under any other provision of Federal rec- (2) no assessment of any Indian-owned land as may be necessary of the amounts made lamation law, including— located within the Reservation or the ceded available under those subsections may be (1) the Rural Supply Act of 2006 (Public strip shall be made regarding that cost. used to carry out related activities necessary Law 109–451; 120 Stat. 3345); and (d) LIMITATION ON LIABILITY OF UNITED to comply with Federal environmental and (2) the Omnibus Public Land Management STATES.— cultural resource laws. Act of 2009 (Public Law 111–11; 123 Stat. 991). (1) IN GENERAL.—The United States has no (h) ACCOUNT TRANSFERS.— trust or other obligation— SEC. 414. FUNDING. (1) IN GENERAL.—The Secretary may trans- (A) to monitor, administer, or account for, (a) REHABILITATION AND IMPROVEMENT OF fer from the amounts made available under in any manner, any funds provided to the CROW IRRIGATION PROJECT.— subsection (a) such amounts as the Sec- Tribe by any party to the Compact other (1) MANDATORY APPROPRIATION.—Out of any retary, with the concurrence of the Tribe, than the United States; or funds in the Treasury not otherwise appro- determines to be necessary to supplement (B) to review or approve any expenditure of priated, the Secretary of the Treasury shall the amounts made available under sub- those funds. transfer to the Secretary $73,843,000, adjusted section (b), on a determination of the Sec- (2) INDEMNIFICATION.—The Tribe shall in- to reflect changes since May 1, 2008, in con- retary, in consultation with the Tribe, that demnify the United States, and hold the struction cost indices applicable to the types such a transfer is in the best interest of the United States harmless, with respect to all of construction involved in the rehabilita- Tribe. claims (including claims for takings or tion and improvement of the Crow Irrigation (2) OTHER APPROVED TRANSFERS.—The Sec- breach of trust) arising from the receipt or Project, for the rehabilitation and improve- retary may transfer from the amounts made expenditure of amounts described in para- ment of the Crow Irrigation Project. available under subsection (b) such amounts graph (1)(A). (2) AUTHORIZATION OF APPROPRIATIONS.—In as the Secretary, with the concurrence of the (e) EFFECT ON CURRENT LAW.—Nothing in addition to the amount made available under Tribe, determines to be necessary to supple- this section affects any provision of law (in- paragraph (1), there is authorized to be ap- ment the amounts made available under sub- cluding regulations) in effect on the day be- propriated to the Secretary for the rehabili- section (a), on a determination of the Sec- fore the date of enactment of this Act with tation and improvement of the Crow Irriga- retary, in consultation with the Tribe, that respect to preenforcement review of any Fed- tion Project $58,000,000, adjusted to reflect such a transfer is in the best interest of the eral environmental enforcement action. changes since May 1, 2008, in construction Tribe. (f) LIMITATIONS ON EFFECT.— cost indices applicable to the types of con- (i) RECEIPT AND ACCEPTANCE.—The Sec- (1) IN GENERAL.—Nothing in this title, the struction involved in the rehabilitation and retary shall be entitled to receive, shall ac- Compact, or the Streamflow and Lake Level improvement of the Crow Irrigation Project. cept, and shall use to carry out this section Management Plan referred to in article (b) DESIGN AND CONSTRUCTION OF MR&I the funds transferred under subsections (a) III(A)(7) of the Compact— SYSTEM.— through (f), without further appropriation. (A) limits, expands, alters, or otherwise af- (1) MANDATORY APPROPRIATION.—Out of any SEC. 415. REPEAL ON FAILURE TO MEET EN- fects— funds in the Treasury not otherwise appro- FORCEABILITY DATE. (i) the meaning, interpretation, implemen- priated, the Secretary of the Treasury shall If the Secretary does not publish a state- tation, application, or effect of any article, transfer to the Secretary $146,000,000, ad- ment of findings under section 410(e) not

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later than March 31, 2016, or the extended (3) MUTUAL-BENEFIT PROJECTS.—The term (3) restoring, preserving and protecting the date agreed to by the Tribe and the Sec- ‘‘Mutual-Benefit Projects’’ means the Buffalo Pasture, including planning, permit- retary, after reasonable notice to the State projects described and identified in articles 6 ting, designing, engineering, constructing, of Montana, as applicable— and 10.1 of the Settlement Agreement. operating, managing and replacing the Buf- (1) this title is repealed effective April 1, (4) PARTIAL FINAL DECREE.—The term ‘‘Par- falo Pasture Recharge Project; 2016, or the day after the extended date tial Final Decree’’ means the Decree entered (4) administering the Pueblo’s water rights agreed to by the Tribe and the Secretary in New Mexico v. Abeyta and New Mexico v. acquisition program and water management after reasonable notice to the State of Mon- Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) and administration system; and tana, whichever is later; and 7939–BB (U.S. D.N.M.) (consolidated), for (5) watershed protection and enhancement, (2) any action taken by the Secretary and the resolution of the Pueblo’s water right support of agriculture, water-related Pueblo any contract or agreement pursuant to the claims and which is substantially in the community welfare and economic develop- authority provided under any provision of form agreed to by the Parties and attached ment, and costs related to the negotiation, this title shall be void; to the Settlement Agreement as Attachment authorization, and implementation of the (3) any amounts made available under sec- 5. Settlement Agreement. tion 414, together with any interest on those (5) PARTIES.—The term ‘‘Parties’’ means (b) MANAGEMENT OF FUND.—The Secretary amounts, shall immediately revert to the the Parties to the Settlement Agreement, as shall manage the Fund, invest amounts in general fund of the Treasury; identified in article 1 of the Settlement the Fund, and make monies available from (4) any amounts made available under sec- Agreement. the Fund for distribution to the Pueblo con- tion 414 that remain unexpended shall imme- (6) PUEBLO.—The term ‘‘Pueblo’’ means the sistent with the American Indian Trust Fund diately revert to the general fund of the Taos Pueblo, a sovereign Indian tribe duly Management Reform Act of 1994 (25 U.S.C. Treasury; and recognized by the United States of America. 4001 et seq.) (hereinafter, ‘‘Trust Fund Re- (5) the United States shall be entitled to (7) PUEBLO LANDS.—The term ‘‘Pueblo form Act’’), this title, and the Settlement set off against any claims asserted by the lands’’ means those lands located within the Agreement. Taos Valley to which the Pueblo, or the Tribe against the United States relating to (c) INVESTMENT OF FUND.—Upon the En- water rights— United States in its capacity as trustee for forcement Date, the Secretary shall invest (A) any funds expended or withdrawn from the Pueblo, holds title subject to Federal law amounts in the Fund in accordance with— the amounts made available pursuant to this limitations on alienation. Such lands include (1) the Act of April 1, 1880 (21 Stat. 70, ch. title; and Tracts A, B, and C, the Pueblo’s land grant, 41, 25 U.S.C. 161); (B) any funds made available to carry out the Blue Lake Wilderness Area, and the (2) the first section of the Act of June 24, the activities authorized in this title from Tenorio and Karavas Tracts and are gen- 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and other authorized sources. erally depicted in Attachment 2 to the Set- (3) the American Indian Trust Fund Man- SEC. 416. ANTIDEFICIENCY. tlement Agreement. agement Reform Act of 1994 (25 U.S.C. 4001 et The United States shall not be liable for (8) SAN JUAN-CHAMA PROJECT.—The term seq.). ‘‘San Juan-Chama Project’’ means the any failure to carry out any obligation or ac- (d) AVAILABILITY OF AMOUNTS FROM Project authorized by section 8 of the Act of tivity authorized by this title (including any FUND.—Upon the Enforcement Date, all mon- such obligation or activity under the Settle- June 13, 1962 (76 Stat. 96 and 97), and the Act ies deposited in the Fund pursuant to section ment Agreement) if adequate appropriations of April 11, 1956 (70 Stat. 105). 509(c)(1) or made available from other au- are not provided expressly by Congress to (9) SECRETARY.—The term ‘‘Secretary’’ thorized sources shall be available to the carry out the purposes of this title in the means the Secretary of the Interior. Pueblo for expenditure or withdrawal after Reclamation Water Settlements Fund estab- (10) SETTLEMENT AGREEMENT.—The term the requirements of subsection (e) have been lished under section 10501 of Public Law 111– ‘‘Settlement Agreement’’ means the con- met. tract dated March 31, 2006, between and 11 or the ‘‘Emergency Fund for Indian Safety (e) EXPENDITURES AND WITHDRAWAL.— among— and Health’’ established by section 601(a) of (1) TRIBAL MANAGEMENT PLAN.— (A) the United States, acting solely in its the Tom Lantos and Henry J. Hyde United (A) IN GENERAL.—The Pueblo may with- capacity as trustee for Taos Pueblo; States Global Leadership Against HIV/AIDS, draw all or part of the Fund on approval by (B) the Taos Pueblo, on its own behalf; Tuberculosis, and Malaria Reauthorization the Secretary of a tribal management plan (C) the State of New Mexico; Act of 2008 (25 U.S.C. 443c(a)). as described in the Trust Fund Reform Act. (D) the Taos Valley Acequia Association TITLE V—TAOS PUEBLO INDIAN WATER (B) REQUIREMENTS.—In addition to the re- and its 55 member ditches; RIGHTS quirements under the Trust Fund Reform (E) the Town of Taos; SEC. 501. SHORT TITLE. Act, the tribal management plan shall re- (F) the El Prado Water and Sanitation Dis- This title may be cited as the ‘‘Taos Pueb- quire that the Pueblo spend any funds in ac- trict; and lo Indian Water Rights Settlement Act’’. cordance with the purposes described in sub- (G) the 12 Taos area Mutual Domestic SEC. 502. PURPOSES. section (a). Water Consumers Associations, as amended The purposes of this title are— (2) ENFORCEMENT.—The Secretary may to conform with this title. (1) to approve, ratify, and confirm the Taos take judicial or administrative action to en- (11) STATE ENGINEER.—The term ‘‘State En- Pueblo Indian Water Rights Settlement force the requirement that monies with- gineer’’ means the New Mexico State Engi- Agreement; drawn from the Fund are used for the pur- neer. (2) to authorize and direct the Secretary to poses specified in subsection (a). (12) TAOS VALLEY.—The term ‘‘Taos Val- execute the Settlement Agreement and to (3) LIABILITY.—If the Pueblo exercises the ley’’ means the geographic area depicted in perform all obligations of the Secretary right to withdraw monies from the Fund, Attachment 4 of the Settlement Agreement. under the Settlement Agreement and this neither the Secretary nor the Secretary of title; and SEC. 504. PUEBLO RIGHTS. the Treasury shall retain any liability for (3) to authorize all actions and appropria- (a) IN GENERAL.—Those rights to which the the expenditure or investment of the monies Pueblo is entitled under the Partial Final tions necessary for the United States to withdrawn. Decree shall be held in trust by the United meet its obligations under the Settlement (4) EXPENDITURE PLAN.— States on behalf of the Pueblo and shall not Agreement and this title. (A) IN GENERAL.—The Pueblo shall submit be subject to forfeiture, abandonment, or to the Secretary for approval an expenditure SEC. 503. DEFINITIONS. permanent alienation. In this title: (b) SUBSEQUENT ACT OF CONGRESS.—The plan for any portions of the funds made (1) ELIGIBLE NON-PUEBLO ENTITIES.—The Pueblo shall not be denied all or any part of available under this title that the Pueblo term ‘‘Eligible Non-Pueblo Entities’’ means its rights held in trust absent its consent un- does not withdraw under paragraph (1)(A). the Town of Taos, the El Prado Water and less such rights are explicitly abrogated by (B) DESCRIPTION.—The expenditure plan Sanitation District, and the New Mexico De- an Act of Congress hereafter enacted. shall describe the manner in which, and the partment of Finance and Administration SEC. 505. TAOS PUEBLO WATER DEVELOPMENT purposes for which, amounts remaining in Local Government Division on behalf of the FUND. the Fund will be used. Acequia Madre del Rio Lucero y del Arroyo (a) ESTABLISHMENT.—There is established (C) APPROVAL.—On receipt of an expendi- Seco, the Acequia Madre del Prado, the in the Treasury of the United States a fund ture plan under subparagraph (A), the Sec- Acequia del Monte, the Acequia Madre del to be known as the ‘‘Taos Pueblo Water De- retary shall approve the plan if the Sec- Rio Chiquito, the Upper Ranchitos Mutual velopment Fund’’ (referred to in this section retary determines that the plan is reason- Domestic Water Consumers Association, the as the ‘‘Fund’’) to be used to pay or reim- able and consistent with this title. Upper Arroyo Hondo Mutual Domestic Water burse costs incurred by the Pueblo for— (5) ANNUAL REPORT.—The Pueblo shall sub- Consumers Association, and the Llano (1) acquiring water rights; mit to the Secretary an annual report that Quemado Mutual Domestic Water Consumers (2) planning, permitting, designing, engi- describes all expenditures from the Fund Association. neering, constructing, reconstructing, re- during the year covered by the report. (2) ENFORCEMENT DATE.—The term ‘‘En- placing, rehabilitating, operating, or repair- (f) AMOUNTS AVAILABLE ON APPROPRIA- forcement Date’’ means the date upon which ing water production, treatment or delivery TION.—Notwithstanding subsection (d), the Secretary publishes the notice required infrastructure, on-farm improvements, or $15,000,000 of the monies deposited in the by section 509(f)(1). wastewater infrastructure; Fund—

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(1) shall be available upon appropriation or after submission, provided that no Secre- (1) IN GENERAL.—The Secretary shall enter availability of the funds from other author- tarial approval shall be required for any into 3 repayment contracts within a reason- ized sources for the Pueblo’s acquisition of water use lease for less than 10 acre-feet per able period after the date of enactment of water rights pursuant to Article 5.1.1.2.3 of year with a term of less than 7 years, includ- this Act, for the delivery of San Juan-Chama the Settlement Agreement, the Buffalo Pas- ing all renewals. Project water in the following amounts: ture Recharge Project, implementation of (f) NO FORFEITURE OR ABANDONMENT.—The (A) 2,215 acre-feet/annum to the Pueblo. the Pueblo’s water rights acquisition pro- nonuse by a lessee or subcontractor of the (B) 366 acre-feet/annum to the Town of gram and water management and adminis- Pueblo of any right to which the Pueblo is Taos. tration system, the design, planning, engi- entitled under the Partial Final Decree shall (C) 40 acre-feet/annum to the El Prado neering, permitting or construction of water in no event result in a forfeiture, abandon- Water and Sanitation District. or wastewater infrastructure eligible for ment, relinquishment, or other loss of all or (2) REQUIREMENTS.—Each such contract funding under subsection (a), or costs related any part of those rights. shall provide that if the conditions precedent to the negotiation, authorization, and imple- (g) NO PREEMPTION.— set forth in section 509(f)(2) have not been mentation of the Settlement Agreement, (1) IN GENERAL.—The approval authority of fulfilled by March 31, 2017, the contract shall provided that such funds may be expended the Secretary provided under subsection (e) expire on that date. prior to the Enforcement Date only for ac- shall not amend, construe, supersede, or pre- (3) APPLICABLE LAW.—Public Law 87–483 (76 tivities which are determined by the Sec- empt any State or Federal law, interstate Stat. 97) applies to the contracts entered retary to be more cost effective when imple- compact, or international treaty that per- into under paragraph (1) and no preference mented as early as possible; and tains to the Colorado River, the Rio Grande, shall be applied as a result of section 504(a) (2) shall be distributed by the Secretary to or any of their tributaries, including the ap- with regard to the delivery or distribution of the Pueblo on receipt by the Secretary from propriation, use, development, storage, regu- San Juan-Chama Project water or the man- the Pueblo of a written notice and a Tribal lation, allocation, conservation, exportation, agement or operation of the San Juan- Council resolution that describes the pur- or quantity of those waters. Chama Project. poses under paragraph (1) for which the mon- (2) APPLICABLE LAW.—The provisions of (c) WAIVER.—With respect to the contract ies will be used after a cost-effectiveness de- section 2116 of the Revised Statutes (25 authorized and required by subsection termination by the Secretary has been made U.S.C. 177) shall not apply to any water made (b)(1)(A) and notwithstanding the provisions as described in paragraph (1). The Secretary available under the Settlement Agreement. of Public Law 87–483 (76 Stat. 96) or any other shall make the determination described in (h) NO PREJUDICE.—Nothing in this title provision of law— paragraph (1) within a reasonable period of shall be construed to establish, address, prej- (1) the Secretary shall waive the entirety time after receipt of the notice and resolu- udice, or prevent any party from litigating of the Pueblo’s share of the construction tion. whether or to what extent any applicable costs, both principal and the interest, for the (g) NO PER CAPITA DISTRIBUTIONS.—No por- State law, Federal law, or interstate com- San Juan-Chama Project and pursuant to tion of the Fund shall be distributed on a per pact does or does not permit, govern, or that waiver, the Pueblo’s share of all con- capita basis to members of the Pueblo. apply to the use of the Pueblo’s water out- struction costs for the San Juan-Chama SEC. 506. MARKETING. side of New Mexico. Project, inclusive of both principal and in- terest shall be nonreimbursable; and (a) PUEBLO WATER RIGHTS.—Subject to the SEC. 507. MUTUAL-BENEFIT PROJECTS. (2) the Secretary’s waiver of the Pueblo’s approval of the Secretary in accordance with (a) IN GENERAL.—Upon the Enforcement share of the construction costs for the San subsection (e), the Pueblo may market water Date, the Secretary, acting through the Juan-Chama Project will not result in an in- rights secured to it under the Settlement Commissioner of Reclamation, shall provide crease in the pro rata shares of other San Agreement and Partial Final Decree, pro- financial assistance in the form of grants on Juan-Chama Project water contractors, but vided that such marketing is in accordance a nonreimbursable basis to Eligible Non- such costs shall be absorbed by the United with this section. Pueblo Entities to plan, permit, design, engi- States Treasury or otherwise appropriated to (b) PUEBLO CONTRACT RIGHTS TO SAN JUAN- neer, and construct the Mutual-Benefit the Department of the Interior. CHAMA PROJECT WATER.—Subject to the ap- Projects in accordance with the Settlement proval of the Secretary in accordance with Agreement— SEC. 509. AUTHORIZATIONS, RATIFICATIONS, (1) to minimize adverse impacts on the CONFIRMATIONS, AND CONDITIONS subsection (e), the Pueblo may subcontract PRECEDENT. Pueblo’s water resources by moving future water made available to the Pueblo under (a) RATIFICATION.— non-Indian ground water pumping away from the contract authorized under section (1) IN GENERAL.—Except to the extent that 508(b)(1)(A) to third parties to supply water the Pueblo’s Buffalo Pasture; and any provision of the Settlement Agreement for use within or without the Taos Valley, (2) to implement the resolution of a dis- conflicts with any provision of this title, the provided that the delivery obligations under pute over the allocation of certain surface Settlement Agreement is authorized, rati- such subcontract are not inconsistent with water flows between the Pueblo and non-In- fied, and confirmed. dian irrigation water right owners in the the Secretary’s existing San Juan-Chama (2) AMENDMENTS.—To the extent amend- Project obligations and such subcontract is community of Arroyo Seco Arriba. ments are executed to make the Settlement OST-SHARING.— in accordance with this section. (b) C Agreement consistent with this title, such (1) FEDERAL SHARE.—The Federal share of (c) LIMITATION.— amendments are also authorized, ratified, the total cost of planning, designing, and (1) IN GENERAL.—Diversion or use of water and confirmed. off Pueblo lands pursuant to Pueblo water constructing the Mutual-Benefit Projects (b) EXECUTION OF SETTLEMENT AGREE- rights or Pueblo contract rights to San authorized in subsection (a) shall be 75 per- MENT.—To the extent that the Settlement Juan-Chama Project water shall be subject cent and shall be nonreimbursable. Agreement does not conflict with this title, to and not inconsistent with the same re- (2) NON-FEDERAL SHARE.—The non-Federal the Secretary shall execute the Settlement quirements and conditions of State law, any share of the total cost of planning, design- Agreement, including all exhibits to the Set- applicable Federal law, and any applicable ing, and constructing the Mutual-Benefit tlement Agreement requiring the signature interstate compact as apply to the exercise Projects shall be 25 percent and may be in of the Secretary and any amendments nec- of water rights or contract rights to San the form of in-kind contributions, including essary to make the Settlement Agreement Juan-Chama Project water held by non-Fed- the contribution of any valuable asset or consistent with this title, after the Pueblo eral, non-Indian entities, including all appli- service that the Secretary determines would has executed the Settlement Agreement and cable State Engineer permitting and report- substantially contribute to completing the any such amendments. ing requirements. Mutual-Benefit Projects. (c) FUNDING.— (2) EFFECT ON WATER RIGHTS.—Such diver- (3) ADDITIONAL STATE CONTRIBUTION.—As a (1) TAOS PUEBLO WATER DEVELOPMENT sion or use off Pueblo lands under paragraph condition of expenditure by the Secretary of FUND.— (1) shall not impair water rights or increase the funds made available under section (A) MANDATORY APPROPRIATION.—Out of surface water depletions within the Taos 509(c)(2), the State shall— any funds in the Treasury not otherwise ap- Valley. (A) appropriate and make available the propriated, the Secretary of the Treasury (d) MAXIMUM TERM.— non-Federal share described in paragraph (2); shall transfer to the Secretary for deposit in (1) IN GENERAL.—The maximum term of and the Taos Pueblo Water Development Fund any water use lease or subcontract, includ- (B) agree to provide additional funding as- established by section 505(a), for the period ing all renewals, shall not exceed 99 years in sociated with the Mutual-Benefit Projects as of fiscal years 2011 through 2016, $50,000,000, duration. described in paragraph 10 of the Settlement as adjusted by such amounts as may be re- (2) ALIENATION OF RIGHTS.—The Pueblo Agreement. quired due to increases since April 1, 2007, in shall not permanently alienate any rights it SEC. 508. SAN JUAN-CHAMA PROJECT CON- construction costs, as indicated by engineer- has under the Settlement Agreement, the TRACTS. ing cost indices applicable to the types of Partial Final Decree, and this title. (a) IN GENERAL.—Contracts issued under construction or rehabilitation involved. (e) APPROVAL OF SECRETARY.—The Sec- this section shall be in accordance with this (B) AUTHORIZATION OF APPROPRIATIONS.—In retary shall approve or disapprove any lease title and the Settlement Agreement. addition to the amount made available under or subcontract submitted by the Pueblo for (b) CONTRACTS FOR SAN JUAN-CHAMA subparagraph (A), there is authorized to be approval within a reasonable period of time PROJECT WATER.— appropriated to the Secretary for deposit in

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.012 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7676 CONGRESSIONAL RECORD — HOUSE November 30, 2010 the Taos Pueblo Water Development Fund (F) The State of New Mexico has enacted Settlement Agreement and this title, the established by section 505(a) $38,000,000, as legislation that amends NMSA 1978, section Pueblo, on behalf of itself and its members, adjusted by such amounts as may be re- 72–6–3 to state that a water use due under a and the United States acting in its capacity quired due to increases since April 1, 2007, in water right secured to the Pueblo under the as trustee for the Pueblo are authorized to construction costs, as indicated by engineer- Settlement Agreement or the Partial Final execute a waiver and release of claims ing cost indices applicable to the types of Decree may be leased for a term, including against the parties to New Mexico v. Abeyta construction or rehabilitation involved, for all renewals, not to exceed 99 years, provided and New Mexico v. Arellano, Civil Nos. 7896– the period of fiscal years 2011 through 2016. that this condition shall not be construed to BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) (2) MUTUAL-BENEFIT PROJECTS FUNDING.— require that said amendment state that any (consolidated) from— (A) FUNDING.— State law based water rights acquired by the (1) all claims for water rights in the Taos (i) MANDATORY APPROPRIATION.—Out of any Pueblo or by the United States on behalf of Valley that the Pueblo, or the United States funds in the Treasury not otherwise appro- the Pueblo may be leased for said term. acting in its capacity as trustee for the priated, the Secretary of the Treasury shall (G) A Partial Final Decree that sets forth Pueblo, asserted, or could have asserted, in transfer to the Secretary to provide grants the water rights and contract rights to water any proceeding, including but not limited to pursuant to section 507 $16,000,000 for the pe- to which the Pueblo is entitled under the in New Mexico v. Abeyta and New Mexico v. riod of fiscal years 2011 through 2016. Settlement Agreement and this title and Arellano, Civil Nos. 7896–BB (U.S.6 D.N.M.) (ii) AUTHORIZATION OF APPROPRIATIONS.—In that substantially conforms to the Settle- and 7939–BB (U.S. D.N.M.) (consolidated), up addition to the amount made available under ment Agreement and Attachment 5 thereto to and including the Enforcement Date, ex- clause (i), there is authorized to be appro- has been approved by the Court and has be- cept to the extent that such rights are recog- priated to the Secretary to provide grants come final and nonappealable. nized in the Settlement Agreement or this pursuant to section 507 $20,000,000 for the pe- (g) ENFORCEMENT DATE.—The Settlement title; riod of fiscal years 2011 through 2016. Agreement shall become enforceable, and the (2) all claims for water rights, whether for (B) DEPOSIT IN FUND.—The Secretary shall waivers and releases executed pursuant to consumptive or nonconsumptive use, in the deposit the funds made available pursuant to section 510 and the limited waiver of sov- Rio Grande mainstream or its tributaries subparagraph (A) into a noninterest-bearing ereign immunity set forth in section 511(a) that the Pueblo, or the United States acting fund, to be known as the ‘‘Taos Settlement shall become effective, as of the date that in its capacity as trustee for the Pueblo, as- Fund’’, to be established in the Treasury of the Secretary publishes the notice required serted or could assert in any water rights ad- the United States so that such funds may be by subsection (f)(1). judication proceedings except those claims based on Pueblo or United States ownership made available on the Enforcement Date as (h) EXPIRATION DATE.— of lands or water rights acquired after the set forth in section 507(a). (1) IN GENERAL.—If all of the conditions Enforcement Date, provided that nothing in (3) RECEIPT AND ACCEPTANCE.—The Sec- precedent described in section (f)(2) have not this paragraph shall prevent the Pueblo or retary shall be entitled to receive, shall ac- been fulfilled by March 31, 2017, the Settle- the United States from fully participating in cept, and shall use to carry out this title the ment Agreement shall be null and void, the the inter se phase of any such water rights funds transferred under paragraphs (1)(A) waivers and releases executed pursuant to adjudication proceedings; and (2)(A)(i), without further appropriation, section 510 and the sovereign immunity (3) all claims for damages, losses or inju- to remain available until expended. waivers in section 511(a) shall not become ef- ries to water rights or claims of interference (d) AUTHORITY OF SECRETARY.—The Sec- fective, and any unexpended Federal funds, with, diversion or taking of water (including retary is authorized to enter into such agree- together with any income earned thereon, ments and to take such measures as the Sec- but not limited to claims for injury to lands and title to any property acquired or con- retary may deem necessary or appropriate to resulting from such damages, losses, inju- structed with expended Federal funds, shall fulfill the intent of the Settlement Agree- ries, interference with, diversion, or taking) be returned to the Federal Government, un- ment and this title. in the Rio Grande mainstream or its tribu- less otherwise agreed to by the Parties in (e) ENVIRONMENTAL COMPLIANCE.— taries or for lands within the Taos Valley writing and approved by Congress. (1) EFFECT OF EXECUTION OF SETTLEMENT that accrued at any time up to and including (2) EXCEPTION.—Notwithstanding sub- AGREEMENT.—The Secretary’s execution of the Enforcement Date; and the Settlement Agreement shall not con- section (h)(1) or any other provision of law, (4) all claims against the State of New stitute a major Federal action under the Na- except as provided in subsection (i), title to Mexico, its agencies, or employees relating tional Environmental Policy Act of 1969 (42 any property acquired or constructed with to the negotiation or the adoption of the U.S.C. 4321 et seq.). expended Federal funds made available under Settlement Agreement. section 505(f) shall be retained by the Pueblo. (2) COMPLIANCE WITH ENVIRONMENTAL (b) CLAIMS BY THE PUEBLO AGAINST THE (i) RIGHT TO SET-OFF.—If the conditions LAWS.—In carrying out this title, the Sec- UNITED STATES.—The Pueblo, on behalf of retary shall comply with each law of the precedent described in subsection (f)(2) have itself and its members, is authorized to exe- Federal Government relating to the protec- not been fulfilled by March 31, 2017, and the cute a waiver and release of— tion of the environment, including— Settlement Agreement is null and void under (1) all claims against the United States, its (A) the National Environmental Policy Act subsection (h)(1)— agencies, or employees relating to claims for of 1969 (42 U.S.C. 4321 et seq.); and (1) the United States shall be entitled to water rights in or water of the Taos Valley (B) the Endangered Species Act of 1973 (16 set off any Federal funds made available that the United States acting in its capacity U.S.C. 1531 et seq.). under section 505(f) that were used for pur- as trustee for the Pueblo asserted, or could (f) CONDITIONS PRECEDENT AND SECRE- poses other than the purchase of water rights have asserted, in any proceeding, including TARIAL FINDING.— against any claim of the Pueblo against the but not limited to in New Mexico v. Abeyta (1) IN GENERAL.—Upon the fulfillment of United States described in section 510(b) (but and New Mexico v. Arellano, Civil Nos. 7896– the conditions precedent described in para- excluding any claim retained under section BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) graph (2), the Secretary shall publish in the 510(c)); and (consolidated); Federal Register a statement of finding that (2) the Pueblo shall have the option ei- (2) all claims against the United States, its the conditions have been fulfilled. ther— agencies, or employees relating to damages, (2) CONDITIONS.—The conditions precedent (A) to accept an equitable credit for any losses, or injuries to water, water rights, referred to in paragraph (1) are the following: water rights acquired with funds made avail- land, or natural resources due to loss of (A) The President has signed into law the able under section 505(f) against any water water or water rights (including but not lim- Taos Pueblo Indian Water Rights Settlement rights secured for the Pueblo by the Pueblo, ited to damages, losses or injuries to hunt- Act. or by the United States on behalf of the ing, fishing, gathering, or cultural rights due (B) To the extent that the Settlement Pueblo, in any litigation or future settle- to loss of water or water rights, claims relat- Agreement conflicts with this title, the Set- ment of the case styled New Mexico v. ing to interference with, diversion or taking tlement Agreement has been revised to con- Abeyta and New Mexico v. Arellano, Civil of water or water rights, or claims relating form with this title. Nos. 7896–BB (U.S.6 D.N.M.) and 7939–BB to failure to protect, acquire, replace, or de- (C) The Settlement Agreement, so revised, (U.S. D.N.M.) (consolidated); or velop water, water rights or water infra- including waivers and releases pursuant to (B) to convey to the United States any structure) in the Rio Grande mainstream or section 510, has been executed by the Parties water rights acquired with funds made avail- its tributaries or within the Taos Valley and the Secretary prior to the Parties’ mo- able under section 505(f). that first accrued at any time up to and in- tion for entry of the Partial Final Decree. (j) EXTENSION.—The dates in subsections cluding the Enforcement Date; (D) Congress has fully appropriated or the (h) and (i) and section 510(e) may be extended (3) all claims against the United States, its Secretary has provided from other author- if the Parties agree that an extension is rea- agencies, or employees for an accounting of ized sources all funds made available under sonably necessary. funds appropriated by the Act of March 4, paragraphs (1) and (2) of subsection (c). SEC. 510. WAIVERS AND RELEASES OF CLAIMS. 1929 (45 Stat. 1562), the Act of March 4, 1931 (E) The Legislature of the State of New (a) CLAIMS BY THE PUEBLO AND THE UNITED (46 Stat. 1552), the Act of June 22, 1936 (49 Mexico has fully appropriated the funds for STATES.—In return for recognition of the Stat. 1757), the Act of August 9, 1937 (50 Stat. the State contributions as specified in the Pueblo’s water rights and other benefits, in- 564), and the Act of May 9, 1938 (52 Stat. 291), Settlement Agreement, and those funds have cluding but not limited to the commitments as authorized by the Pueblo Lands Act of been deposited in appropriate accounts. by non-Pueblo parties, as set forth in the June 7, 1924 (43 Stat. 636), and the Pueblo

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.012 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7677 Lands Act of May 31, 1933 (48 Stat. 108), and (A) interpret Federal law regarding health, SEC. 602. DEFINITIONS. for breach of trust relating to funds for safety, or the environment or determine the In this title: water replacement appropriated by said Acts duties of the United States or other parties (1) AAMODT CASE.—The term ‘‘Aamodt that first accrued before the date of enact- pursuant to such Federal law; or Case’’ means the civil action entitled State ment of this Act; (B) conduct judicial review of Federal of New Mexico, ex rel. State Engineer and (4) all claims against the United States, its agency action; or United States of America, Pueblo de Nambe, agencies, or employees relating to the pend- (4) waives any claim of a member of the Pueblo de Pojoaque, Pueblo de San Ildefonso, ing litigation of claims relating to the Pueb- Pueblo in an individual capacity that does and Pueblo de Tesuque v. R. Lee Aamodt, et lo’s water rights in New Mexico v. Abeyta not derive from a right of the Pueblo. al., No. 66 CV 6639 MV/LCS (D.N.M.). and New Mexico v. Arellano, Civil Nos. 7896– (e) TOLLING OF CLAIMS.— (2) ACRE-FEET.—The term ‘‘acre-feet’’ BB (U.S.6 D.N.M.) and 7939–BB (U.S. D.N.M.) (1) IN GENERAL.—Each applicable period of means acre-feet of water per year. (consolidated); and limitation and time-based equitable defense (3) AUTHORITY.—The term ‘‘Authority’’ (5) all claims against the United States, its relating to a claim described in this section means the Pojoaque Basin Regional Water agencies, or employees relating to the nego- shall be tolled for the period beginning on Authority described in section 9.5 of the Set- tiation, Execution or the adoption of the the date of enactment of this Act and ending tlement Agreement or an alternate entity Settlement Agreement, exhibits thereto, the on the earlier of— acceptable to the Pueblos and the County to Final Decree, or this title. (A) March 31, 2017; or operate and maintain the diversion and (c) RESERVATION OF RIGHTS AND RETENTION (B) the Enforcement Date. treatment facilities, certain transmission OF CLAIMS.—Notwithstanding the waivers (2) EFFECT OF SUBSECTION.—Nothing in this pipelines, and other facilities of the Regional and releases authorized in this title, the subsection revives any claim or tolls any pe- Water System. Pueblo on behalf of itself and its members riod of limitation or time-based equitable de- (4) CITY.—The term ‘‘City’’ means the city and the United States acting in its capacity fense that expired before the date of enact- of Santa Fe, New Mexico. as trustee for the Pueblo retain— ment of this Act. (5) COST-SHARING AND SYSTEM INTEGRATION (1) all claims for enforcement of the Settle- (3) LIMITATION.—Nothing in this subsection AGREEMENT.—The term ‘‘Cost-Sharing and ment Agreement, the Final Decree, includ- precludes the tolling of any period of limita- System Integration Agreement’’ means the ing the Partial Final Decree, the San Juan- tions or any time-based equitable defense agreement, dated August 27, 2009, to be exe- Chama Project contract between the Pueblo under any other applicable law. cuted by the United States, the State, the and the United States, or this title; SEC. 511. INTERPRETATION AND ENFORCEMENT. Pueblos, the County, and the City that— (2) all claims against persons other than (A) describes the location, capacity, and (a) LIMITED WAIVER OF SOVEREIGN IMMU- the Parties to the Settlement Agreement for management (including the distribution of NITY.—Upon and after the Enforcement Date, damages, losses or injuries to water rights or if any Party to the Settlement Agreement water to customers) of the Regional Water claims of interference with, diversion or tak- brings an action in any court of competent System; and ing of water rights (including but not limited jurisdiction over the subject matter relating (B) allocates the costs of the Regional to claims for injury to lands resulting from only and directly to the interpretation or en- Water System with respect to— such damages, losses, injuries, interference forcement of the Settlement Agreement or (i) the construction, operation, mainte- with, diversion, or taking of water rights) this title, and names the United States or nance, and repair of the Regional Water Sys- within the Taos Valley arising out of activi- the Pueblo as a party, then the United tem; ties occurring outside the Taos Valley or the States, the Pueblo, or both may be added as (ii) rights-of-way for the Regional Water Taos Valley Stream System; a party to any such action, and any claim by System; and (3) all rights to use and protect water the United States or the Pueblo to sovereign (iii) the acquisition of water rights. rights acquired after the date of enactment immunity from the action is waived, but (6) COUNTY.—The term ‘‘County’’ means of this Act; only for the limited and sole purpose of such Santa Fe County, New Mexico. (4) all rights to use and protect water interpretation or enforcement, and no waiver (7) COUNTY DISTRIBUTION SYSTEM.—The rights acquired pursuant to State law, to the of sovereign immunity is made for any ac- term ‘‘County Distribution System’’ means extent not inconsistent with the Partial tion against the United States or the Pueblo the portion of the Regional Water System Final Decree and the Settlement Agreement that seeks money damages. that serves water customers on non-Pueblo (including water rights for the land the (b) SUBJECT MATTER JURISDICTION NOT AF- land in the Pojoaque Basin. Pueblo owns in Questa, New Mexico); FECTED.—Nothing in this title shall be (8) COUNTY WATER UTILITY.—The term (5) all claims relating to activities affect- deemed as conferring, restricting, enlarging, ‘‘County Water Utility’’ means the water ing the quality of water including but not or determining the subject matter jurisdic- utility organized by the County to— limited to any claims the Pueblo might have tion of any court, including the jurisdiction (A) receive water distributed by the Au- under the Comprehensive Environmental Re- of the court that enters the Partial Final De- thority; and sponse, Compensation, and Liability Act of cree adjudicating the Pueblo’s water rights. (B) provide the water received under sub- 1980 (42 U.S.C. 9601 et seq.) (including but not (c) REGULATORY AUTHORITY NOT AF- paragraph (A) to customers on non-Pueblo limited to claims for damages to natural re- FECTED.—Nothing in this title shall be land in the Pojoaque Basin. sources), the Safe Drinking Water Act (42 deemed to determine or limit any authority (9) ENGINEERING REPORT.—The term ‘‘Engi- U.S.C. 300f et seq.), the Federal Water Pollu- of the State or the Pueblo to regulate or ad- neering Report’’ means the report entitled tion Control Act (33 U.S.C. 1251 et seq.), and minister waters or water rights now or in the ‘‘Pojoaque Regional Water System Engineer- the regulations implementing those Acts; future. ing Report’’ dated September 2008 and any (6) all claims relating to damages, losses, SEC. 512. DISCLAIMER. amendments thereto, including any modi- or injuries to land or natural resources not Nothing in the Settlement Agreement or fications which may be required by section due to loss of water or water rights (includ- this title shall be construed in any way to 611(d)(2). ing but not limited to hunting, fishing, gath- quantify or otherwise adversely affect the (10) FUND.—The term ‘‘Fund’’ means the ering, or cultural rights); and land and water rights, claims, or entitle- Aamodt Settlement Pueblos’ Fund estab- (7) all rights, remedies, privileges, immuni- ments to water of any other Indian tribe. lished by section 615(a). ties, powers, and claims not specifically SEC. 513. ANTIDEFICIENCY. (11) OPERATING AGREEMENT.—The term waived and released pursuant to this title The United States shall not be liable for ‘‘Operating Agreement’’ means the agree- and the Settlement Agreement. failure to carry out any obligation or activ- ment between the Pueblos and the County (d) EFFECT.—Nothing in the Settlement ity authorized to be carried out under this executed under section 612(a). Agreement or this title— title (including any such obligation or activ- (12) OPERATIONS, MAINTENANCE, AND RE- (1) affects the ability of the United States ity under the Agreement) if adequate appro- PLACEMENT COSTS.— acting in its sovereign capacity to take ac- priations are not provided expressly to carry (A) IN GENERAL.—The term ‘‘operations, tions authorized by law, including but not out the purposes of this title by Congress or maintenance, and replacement costs’’ means limited to any laws relating to health, safe- there are not enough monies available to all costs for the operation of the Regional ty, or the environment, including but not carry out the purposes of this title in the Water System that are necessary for the limited to the Federal Water Pollution Con- Reclamation Water Settlements Fund estab- safe, efficient, and continued functioning of trol Act (33 U.S.C. 1251 et seq.), the Safe lished under section 10501 of Public Law 111– the Regional Water System to produce the Drinking Water Act (42 U.S.C. 300f et seq.), 11 or the ‘‘Emergency Fund for Indian Safety benefits described in the Settlement Agree- the Comprehensive Environmental Response, and Health’’ established by section 601(a) of ment. Compensation, and Liability Act of 1980 (42 the Tom Lantos and Henry J. Hyde United (B) EXCLUSION.—The term ‘‘operations, U.S.C. 9601 et seq.), the Solid Waste Disposal States Global Leadership Against HIV/AIDS, maintenance, and replacement costs’’ does Act (42 U.S.C. 6901 et seq.), and the regula- Tuberculosis, and Malaria Reauthorization not include construction costs or costs re- tions implementing such Acts; Act of 2008 (25 U.S.C. 443c(a)). lated to construction design and planning. (2) affects the ability of the United States TITLE VI—AAMODT LITIGATION (13) POJOAQUE BASIN.— to take actions acting in its capacity as SETTLEMENT (A) IN GENERAL.—The term ‘‘Pojoaque trustee for any other Indian tribe or allottee; SEC. 601. SHORT TITLE. Basin’’ means the geographic area limited by (3) confers jurisdiction on any State court This title may be cited as the ‘‘Aamodt a surface water divide (which can be drawn to— Litigation Settlement Act’’. on a topographic map), within which area

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rainfall and runoff flow into arroyos, drain- (20) SAN JUAN-CHAMA PROJECT ACT.—The and other signatories to the Cost-Sharing ages, and named tributaries that eventually term ‘‘San Juan-Chama Project Act’’ means and System Integration Agreement, may drain to— sections 8 through 18 of the Act of June 13, modify the extent, size, and capacity of the (i) the Rio Pojoaque; or 1962 (76 Stat. 96, 97). County Distribution System as set forth in (ii) the 2 unnamed arroyos immediately (21) SECRETARY.—The term ‘‘Secretary’’ the Cost-Sharing and System Integration south; and means the Secretary of the Interior. Agreement. (iii) 2 arroyos (including the Arroyo (22) SETTLEMENT AGREEMENT.—The term (B) EFFECT.—A modification under sub- Alamo) that are north of the confluence of ‘‘Settlement Agreement’’ means the agree- paragraph (A)— the Rio Pojoaque and the Rio Grande. ment among the State, the Pueblos, the (i) shall not affect implementation of the (B) INCLUSION.—The term ‘‘Pojoaque United States, the County, and the City Settlement Agreement so long as the provi- Basin’’ includes the San Ildefonso Eastern dated January 19, 2006, and signed by all of sions in section 623 are satisfied; and Reservation recognized by section 8 of Public the government parties to the Settlement (ii) may result in an adjustment of the Law 87–231 (75 Stat. 505). Agreement (other than the United States) on State and County cost-share allocation as (14) PUEBLO.—The term ‘‘Pueblo’’ means May 3, 2006, as amended in conformity with set forth in the Cost-Sharing and System In- each of the pueblos of Nambe, Pojoaque, San this title. tegration Agreement. Ildefonso, or Tesuque. (23) STATE.—The term ‘‘State’’ means the (e) APPLICABLE LAW.—The Indian Self-De- (15) PUEBLOS.—The term ‘‘Pueblos’’ means State of New Mexico. termination and Education Assistance Act collectively the Pueblos of Nambe, Pojoaque, (25 U.S.C. 450 et seq.) shall not apply to the Subtitle A—Pojoaque Basin Regional Water San Ildefonso, and Tesuque. design and construction of the Regional System (16) PUEBLO LAND.—The term ‘‘Pueblo Water System. land’’ means any real property that is— SEC. 611. AUTHORIZATION OF REGIONAL WATER (f) CONSTRUCTION COSTS.— (A) held by the United States in trust for SYSTEM. (1) PUEBLO WATER FACILITIES.— a Pueblo within the Pojoaque Basin; (a) IN GENERAL.—The Secretary, acting (A) IN GENERAL.—Except as provided in (B)(i) owned by a Pueblo within the through the Commissioner of Reclamation, subparagraph (B), the expenditures of the Pojoaque Basin before the date on which a shall plan, design, and construct a regional Secretary to construct the Pueblo Water Fa- court approves the Settlement Agreement; water system in accordance with the Settle- cilities under this section shall not exceed or ment Agreement, to be known as the ‘‘Re- $106,400,000. (ii) acquired by a Pueblo on or after the gional Water System’’— (B) EXCEPTION.—The amount described in date on which a court approves the Settle- (1) to divert and distribute water to the subparagraph (A) shall be increased or de- ment Agreement, if the real property is lo- Pueblos and to the County Water Utility, in creased, as appropriate, based on ordinary cated— accordance with the Engineering Report; and fluctuations in construction costs since Oc- (I) within the exterior boundaries of the (2) that consists of— tober 1, 2006, as determined using applicable Pueblo, as recognized and conformed by a (A) surface water diversion facilities at engineering cost indices. patent issued under the Act of December 22, San Ildefonso Pueblo on the Rio Grande; and (2) COSTS TO PUEBLO.—The costs incurred 1858 (11 Stat. 374, chapter V); or (B) any treatment, transmission, storage by the Secretary in carrying out activities (II) within the exterior boundaries of any and distribution facilities and wellfields for to construct the Pueblo Water Facilities territory set aside for the Pueblo by law, ex- the County Distribution System and Pueblo under this section shall not be reimbursable ecutive order, or court decree; Water Facilities that are necessary to supply to the United States. (C) owned by a Pueblo or held by the 4,000 acre-feet of water within the Pojoaque (3) COUNTY DISTRIBUTION SYSTEM.—As a United States in trust for the benefit of a Basin, unless modified in accordance with condition of the Secretary using the funds Pueblo outside the Pojoaque Basin that is lo- subsection (d)(2). made available pursuant to section 617(a)(1), cated within the exterior boundaries of the (b) FINAL PROJECT DESIGN.—The Secretary the costs of constructing the County Dis- Pueblo as recognized and confirmed by a pat- shall issue a final project design within 90 tribution System shall be a State and local ent issued under the Act of December 22, 1858 days of completion of the environmental expense pursuant to the Cost-Sharing and (11 Stat. 374, chapter V); or compliance described in section 616 for the System Integration Agreement. (D) within the exterior boundaries of any Regional Water System that— (g) INITIATION OF DISCUSSIONS.— real property located outside the Pojoaque (1) is consistent with the Engineering Re- (1) IN GENERAL.—If the Secretary deter- Basin set aside for a Pueblo by law, execu- port; and mines that the cost of constructing the Re- tive order, or court decree, if the land is (2) includes a description of any Pueblo gional Water System exceed the amounts de- within or contiguous to land held by the Water Facilities. scribed in the Cost-Sharing and System Inte- United States in trust for the Pueblo as of (c) ACQUISITION OF LAND; WATER RIGHTS.— gration Agreement for construction of the January 1, 2005. (1) ACQUISITION OF LAND.—Upon request, Regional Water System and would neces- (17) PUEBLO WATER FACILITY.— and in exchange for the funding which shall sitate funds in excess of the amount made (A) IN GENERAL.—The term ‘‘Pueblo Water be provided in section 617(c), the Pueblos available pursuant to section 617(a)(1), the Facility’’ means— shall consent to the grant of such easements Secretary shall initiate negotiations with (i) a portion of the Regional Water System and rights-of-way as may be necessary for the parties to the Cost-Sharing and System that serves only water customers on Pueblo the construction of the Regional Water Sys- Integration Agreement for an agreement re- land; and tem at no cost to the Secretary. To the ex- garding non-Federal contributions to ensure (ii) portions of a Pueblo water system in tent that the State or County own easements that the Regional Water System can be com- existence on the date of enactment of this or rights-of-way that may be used for con- pleted as required by section 623(e). Act that serve water customers on non-Pueb- struction of the Regional Water System, the (2) JOINT RESPONSIBILITIES.—The United lo land, also in existence on the date of en- State or County shall provide that land or States shall not bear the entire amount of actment of this Act, or their successors, that interest in land as necessary for construc- any cost overrun, nor shall the State be re- are— tion at no cost to the Secretary. The Sec- sponsible to pay any amounts in addition to (I) depicted in the final project design, as retary shall acquire any other land or inter- the amounts specified in the Cost-Sharing modified by the drawings reflecting the com- est in land that is necessary for the con- and System Integration Agreement. pleted Regional Water System; and struction of the Regional Water System. (h) CONVEYANCE OF REGIONAL WATER SYS- (II) described in the Operating Agreement. (2) WATER RIGHTS.—The Secretary shall not TEM FACILITIES.— (B) INCLUSIONS.—The term ‘‘Pueblo Water condemn water rights for purposes of the Re- (1) IN GENERAL.—Subject to paragraph (2), Facility’’ includes— gional Water System. on completion of the construction of the Re- (i) the barrier dam and infiltration project (d) CONDITIONS FOR CONSTRUCTION.— gional Water System as defined in section on the Rio Pojoaque described in the Engi- (1) IN GENERAL.—The Secretary shall not 623(e), the Secretary, in accordance with the neering Report; and begin construction of the Regional Water Operating Agreement, shall convey to— (ii) the Tesuque Pueblo infiltration pond System facilities until the date on which— (A) each Pueblo the portion of any Pueblo described in the Engineering Report. (A) the Secretary executes— Water Facility that is located within the (18) REGIONAL WATER SYSTEM.— (i) the Settlement Agreement; and boundaries of the Pueblo, including any land (A) IN GENERAL.—The term ‘‘Regional (ii) the Cost-Sharing and System Integra- or interest in land located within the bound- Water System’’ means the Regional Water tion Agreement; and aries of the Pueblo that is acquired by the System described in section 611(a). (B) the State and the County have entered United States for the construction of the (B) EXCLUSIONS.—The term ‘‘Regional into an agreement with the Secretary to Pueblo Water Facility; Water System’’ does not include the County contribute the non-Federal share of the costs (B) the County the County Distribution or Pueblo water supply delivered through the of the construction in accordance with the System, including any land or interest in Regional Water System. Cost-Sharing and System Integration Agree- land acquired by the United States for the (19) SAN JUAN-CHAMA PROJECT.—The term ment. construction of the County Distribution Sys- ‘‘San Juan-Chama Project’’ means the (2) MODIFICATIONS TO REGIONAL WATER SYS- tem; and Project authorized by section 8 of the Act of TEM.— (C) the Authority any portions of the Re- June 13, 1962 (76 Stat. 96, 97), and the Act of (A) IN GENERAL.—The State and the Coun- gional Water System that remain after mak- April 11, 1956 (70 Stat. 105). ty, in agreement with the Pueblos, the City, ing the conveyances under subparagraphs (A)

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.012 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7679 and (B), including any land or interest in ment within a reasonable period of time (iv) the County has the right to serve any land acquired by the United States for the after the Pueblos and the County submit the new water users located on non-Pueblo land construction of the portions of the Regional Operating Agreement described in subsection in the Pojoaque Basin; and Water System. (a) and upon making a determination that (B) allow for any aquifer storage and recov- (2) CONDITIONS FOR CONVEYANCE.—The Sec- the Operating Agreement is consistent with ery projects that are approved by the Office retary shall not convey any portion of the of the New Mexico State Engineer. this title, the Settlement Agreement, and Regional Water System facilities under para- (d) EFFECT.—Nothing in this title precludes graph (1) until the date on which— the Cost-Sharing and System Integration the Operating Agreement from authorizing (A) construction of the Regional Water Agreement. phased or interim operations if the Regional System is substantially complete, as defined (c) CONTENTS.—The Operating Agreement Water System is constructed in phases. in section 623(e); and shall include— SEC. 613. ACQUISITION OF PUEBLO WATER SUP- (B) the Operating Agreement is executed in (1) provisions consistent with the Settle- PLY FOR REGIONAL WATER SYSTEM. accordance with section 612. ment Agreement and the Cost-Sharing and (a) IN GENERAL.—For the purpose of pro- viding a reliable firm supply of water from (3) SUBSEQUENT CONVEYANCE.—On convey- System Integration Agreement and nec- the Regional Water System for the Pueblos ance by the Secretary under paragraph (1), essary to implement the intended benefits of in accordance with the Settlement Agree- the Pueblos, the County, and the Authority the Regional Water System described in shall not reconvey any portion of the Re- ment, the Secretary, on behalf of the Pueb- those documents; gional Water System conveyed to the Pueb- los, shall— (2) provisions for— los, the County, and the Authority, respec- (1) acquire water rights to— (A) the distribution of water conveyed tively, unless the reconveyance is authorized (A) 302 acre-feet of Nambe reserved water through the Regional Water System, includ- by an Act of Congress enacted after the date described in section 2.6.2 of the Settlement ing a delineation of— of enactment of this Act. Agreement; and (i) distribution lines for the County Dis- (4) INTEREST OF THE UNITED STATES.—On (B) 1141 acre-feet from water acquired by tribution System; conveyance of a portion of the Regional the County for water rights commonly re- (ii) distribution lines for the Pueblo Water Water System under paragraph (1), the ferred to as ‘‘Top of the World’’ rights in the Facilities; and United States shall have no further right, Aamodt Case; (iii) distribution lines that serve both— title, or interest in and to the portion of the (2) enter into a contract with the Pueblos (I) the County Distribution System; and Regional Water System conveyed. for 1,079 acre-feet in accordance with section (II) the Pueblo Water Facilities; (5) ADDITIONAL CONSTRUCTION.—On convey- 11 of the San Juan-Chama Project Act; and (B) the allocation of the Regional Water ance of a portion of the Regional Water Sys- (3) by application to the State Engineer, System capacity; tem under paragraph (1), the Pueblos, Coun- seek approval to divert the water acquired (C) the terms of use of unused water capac- ty, or the Authority, as applicable, may, at and made available under paragraphs (1) and ity in the Regional Water System; the expense of the Pueblos, County, or the (2) at the points of diversion for the Regional (D) terms of interim use of County unused Authority, construct any additional infra- Water System, consistent with the Settle- capacity, in accordance with section 614(d); structure that is necessary to fully use the ment Agreement and the Cost-Sharing and (E) the construction of additional infra- water delivered by the Regional Water Sys- System Integration Agreement. structure and the acquisition of associated tem. (b) FORFEITURE.—The nonuse of the water (6) TAXATION.—Conveyance of title to any rights-of-way or easements necessary to en- supply secured by the Secretary for the portion of the Regional Water System, the able any of the Pueblos or the County to Pueblos under subsection (a) shall in no Pueblo Water Facilities, or the County Dis- fully use water allocated to the Pueblos or event result in forfeiture, abandonment, re- tribution System under paragraph (1) does the County from the Regional Water System, linquishment, or other loss thereof. not waive or alter any applicable Federal law including provisions addressing when the (c) TRUST.—The Pueblo water rights se- prohibiting taxation of such facilities or the construction of such additional infrastruc- cured under subsection (a) shall be held by underlying land. ture requires approval by the Authority; the United States in trust for the Pueblos. (7) LIABILITY.— (F) the allocation and payment of annual (d) APPLICABLE LAW.—The water supply (A) IN GENERAL.—Effective on the date of operation, maintenance, and replacement made available pursuant to subsection (a)(2) conveyance of any land or facility under this costs for the Regional Water System, includ- shall be subject to the San Juan-Chama section, the United States shall not be held ing the portions of the Regional Water Sys- Project Act, and no preference shall be pro- liable by any court for damages of any kind tem that are used to treat, transmit, and dis- vided to the Pueblos as a result of subsection arising out of any act, omission, or occur- tribute water to both the Pueblo Water Fa- (c) with regard to the delivery or distribu- rence relating to the land and facilities con- cilities and the County Water Utility; tion of San Juan-Chama Project water or the veyed, other than damages caused by acts of (G) the operation of wellfields located on management or operation of the San Juan- negligence by the United States, or by em- Pueblo land; Chama Project. ployees or agents of the United States, prior (H) the transfer of any water rights nec- (e) CONTRACT FOR SAN JUAN-CHAMA to the date of conveyance. essary to provide the Pueblo water supply PROJECT WATER SUPPLY.—With respect to (B) TORT CLAIMS.—Nothing in this section described in section 613(a); the contract for the water supply required by increases the liability of the United States (I) the operation of the Regional Water subsection (a)(2), such San Juan-Chama beyond the liability provided in chapter 171 System with respect to the water supply, in- Project contract shall be pursuant to the fol- of title 28, United States Code (commonly cluding the allocation of the water supply in lowing terms: known as the ‘‘Federal Tort Claims Act’’). accordance with section 3.1.8.4.2 of the Set- (1) WAIVERS.—Notwithstanding the provi- (8) EFFECT.—Nothing in any transfer of tlement Agreement so that, in the event of a sions of the San Juan-Chama Project Act, or ownership provided or any conveyance there- shortage of supply to the Regional Water any other provision of law— to as provided in this section shall extin- System, the supply to each of the Pueblos’ (A) the Secretary shall waive the entirety guish the right of any Pueblo, the County, or and to the County’s distribution system of the Pueblos’ share of the construction the Regional Water Authority to the contin- shall be reduced on a pro rata basis, in pro- costs for the San Juan-Chama Project, and uous use and benefit of each easement or portion to each distribution system’s most pursuant to that waiver, the Pueblos’ share right of way for the use, operation, mainte- current annual use; and of all construction costs for the San Juan- nance, repair, and replacement of Pueblo (J) dispute resolution; and Chama Project, inclusive of both principal Water Facilities, the County Distribution (3) provisions for operating and maintain- and interest, due from 1972 to the execution System or the Regional Water System or for ing the Regional Water System facilities be- of the contract required by subsection (a)(2), wastewater purposes as provided in the Cost- fore and after conveyance under section shall be nonreimbursable; Sharing and System Integration Agreement. 611(h), including provisions to— (B) the Secretary’s waiver of each Pueblo’s SEC. 612. OPERATING AGREEMENT. (A) ensure that— share of the construction costs for the San (a) IN GENERAL.—The Pueblos and the (i) the operation of, and the diversion and Juan-Chama Project will not result in an in- County shall submit to the Secretary an exe- conveyance of water by, the Regional Water crease in the pro rata shares of other San cuted Operating Agreement for the Regional System is in accordance with the Settlement Juan-Chama Project water contractors, but Water System that is consistent with this Agreement; such costs shall be absorbed by the United title, the Settlement Agreement, and the (ii) the wells in the Regional Water System States Treasury or otherwise appropriated to Cost-Sharing and System Integration Agree- are used in conjunction with the surface the Department of the Interior; and ment not later than 180 days after the later water supply of the Regional Water System (C) the construction costs associated with of— to ensure a reliable firm supply of water to any water made available from the San (1) the date of completion of environ- all users of the Regional Water System, con- Juan-Chama Project which were determined mental compliance and permitting; or sistent with the intent of the Settlement nonreimbursable and nonreturnable pursu- (2) the date of issuance of a final project Agreement that surface supplies will be used ant to Public Law No. 88–293, 78 Stat. 171 design for the Regional Water System under to the maximum extent feasible; (March 26, 1964), shall remain nonreimburs- section 611(b). (iii) the respective obligations regarding able and nonreturnable. (b) APPROVAL.—The Secretary shall ap- delivery, payment, operation, and manage- (2) TERMINATION.—The contract shall pro- prove or disapprove the Operating Agree- ment are enforceable; and vide that it shall terminate only on—

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.013 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7680 CONGRESSIONAL RECORD — HOUSE November 30, 2010 (A) failure of the United States District (1) provide for use of return flow credits to cordance with the purposes described in sec- Court for the District of New Mexico to enter allow for full consumptive use of the water tion 617(c). a final decree for the Aamodt Case by the ex- allocated in the Settlement Agreement to (3) ENFORCEMENT.—The Secretary may piration date described in section 623(b), or each of the Pueblos and to the County; and take judicial or administrative action to en- within the time period of any extension of (2) convey water allocated to one of the force the provisions of any tribal manage- that deadline granted by the court; or Pueblos or the County Water Utility for the ment plan to ensure that any amounts with- (B) entry of an order by the United States benefit of another Pueblo or the County drawn from the Fund under an approved trib- District Court for the District of New Mexico Water Utility or allow use of unused capac- al management plan are used in accordance voiding the final decree and Settlement ity by each other through the Regional with this subtitle. Agreement for the Aamodt Case pursuant to Water System in accordance with an inter- (4) LIABILITY.—If a Pueblo or the Pueblos section 10.3 of the Settlement Agreement. governmental agreement between the Pueb- exercise the right to withdraw amounts from (f) LIMITATION.—The Secretary shall use los, or between a Pueblo and County Water the Fund, neither the Secretary nor the Sec- the water supply secured under subsection Utility, as applicable, if— retary of the Treasury shall retain any li- (a) only for the purposes described in the (A) such intergovernmental agreements ability for the expenditure or investment of Settlement Agreement. are consistent with the Operating Agree- the amounts withdrawn. (g) FULFILLMENT OF WATER SUPPLY ACQUI- ment, the Settlement Agreement, and this (5) EXPENDITURE PLAN.— SITION OBLIGATIONS.—Compliance with sub- title; (A) IN GENERAL.—The Pueblos shall submit sections (a) through (f) shall satisfy any and (B) capacity is available without reducing to the Secretary for approval an expenditure all obligations of the Secretary to acquire or water delivery to any Pueblo or the County plan for any portion of the amounts in the secure a water supply for the Pueblos pursu- Water Utility in accordance with the Settle- Fund that the Pueblos do not withdraw ant to the Settlement Agreement. ment Agreement, unless the County Water under this subsection. (h) RIGHTS OF PUEBLOS IN SETTLEMENT AGREEMENT UNAFFECTED.—Notwithstanding Utility or Pueblo contracts for a reduction (B) DESCRIPTION.—The expenditure plan the provisions of subsections (a) through (g), in water delivery or Regional Water System shall describe the manner in which, and the the Pueblos, the County or the Regional capacity; purposes for which, amounts remaining in Water Authority may acquire any additional (C) the Pueblo or County Water Utility the Fund will be used. water rights to ensure all parties to the Set- contracting for use of the unused capacity or (C) APPROVAL.—On receipt of an expendi- tlement Agreement receive the full alloca- water has the right to use the water under ture plan under subparagraph (A), the Sec- tion of water provided by the Settlement applicable law; and retary shall approve the plan if the Sec- Agreement and nothing in this title amends (D) any agreement for the use of unused retary determines that the plan is reason- or modifies the quantities of water allocated capacity or water provides for payment of able and consistent with this title, the Set- to the Pueblos thereunder. the operation, maintenance, and replace- tlement Agreement, and the Cost-Sharing SEC. 614. DELIVERY AND ALLOCATION OF RE- ment costs associated with the use of capac- and System Integration Agreement. GIONAL WATER SYSTEM CAPACITY ity or water. (D) ANNUAL REPORT.—The Pueblos shall AND WATER. (d) INTERIM USE OF COUNTY CAPACITY.—In submit to the Secretary an annual report (a) ALLOCATION OF REGIONAL WATER SYS- accordance with section 9.6.4 of the Settle- that describes all expenditures from the TEM CAPACITY.— ment Agreement, the County may use un- Fund during the year covered by the report. (1) IN GENERAL.—The Regional Water Sys- used capacity and water rights of the County (6) NO PER CAPITA PAYMENTS.—No part of tem shall have the capacity to divert from Water Utility to supply water within the the principal of the Fund, or the interest or the Rio Grande a quantity of water sufficient County outside of the Pojoaque Basin— income accruing on the principal shall be to provide— (1) on approval by the State and the Au- distributed to any member of a Pueblo on a (A) up to 4,000 acre-feet of consumptive use thority; and per capita basis. of water; and (2) subject to the issuance of a permit by (7) AVAILABILITY OF AMOUNTS FROM THE (B) the requisite peaking capacity de- the New Mexico State Engineer. FUND.— scribed in— SEC. 615. AAMODT SETTLEMENT PUEBLOS’ FUND. (A) APPROVAL OF SETTLEMENT AGREE- (i) the Engineering Report; and (a) ESTABLISHMENT OF THE AAMODT SETTLE- MENT.— (ii) the final project design. MENT PUEBLOS’ FUND.—There is established (i) IN GENERAL.—Except as provided in (2) ALLOCATION TO THE PUEBLOS AND COUNTY in the Treasury of the United States a fund, clause (ii), amounts made available under WATER UTILITY.—Of the capacity described in to be known as the ‘‘Aamodt Settlement section 617(c)(1), or from other authorized paragraph (1)— Pueblos’ Fund,’’ consisting of— sources, shall be available for expenditure or (A) there shall be allocated to the Pueb- withdrawal only after the publication of the los— (1) such amounts as are made available to the Fund under section 617(c) or other au- statement of findings required by section (i) sufficient capacity for the conveyance 623(a)(1). of 2,500 acre-feet consumptive use; and thorized sources; and (2) any interest earned from investment of (ii) EXCEPTION.—Notwithstanding clause (ii) the requisite peaking capacity for the (i), the amounts described in that clause may quantity of water described in clause (i); and amounts in the Fund under subsection (b). (b) MANAGEMENT OF THE FUND.—The Sec- be expended before the date of publication of (B) there shall be allocated to the County the statement of findings under section Water Utility— retary shall manage the Fund, invest amounts in the Fund, and make amounts 623(a)(1) for any activity that is more cost-ef- (i) sufficient capacity for the conveyance fective when implemented in conjunction of up to 1,500 acre-feet consumptive use; and available from the Fund for distribution to the Pueblos in accordance with— with the construction of the Regional Water (ii) the requisite peaking capacity for the System, as determined by the Secretary. quantity of water described in clause (i). (1) the American Indian Trust Fund Man- (B) COMPLETION OF CERTAIN PORTIONS OF RE- (3) APPLICABLE LAW.—Water shall be allo- agement Reform Act of 1994 (25 U.S.C. 4001 et GIONAL WATER SYSTEM.—Amounts made cated to the Pueblos and the County Water seq.); and available under section 617(c)(1) or from Utility under this subsection in accordance (2) this title. other authorized sources shall be available with— (c) INVESTMENT OF THE FUND.—On the date for expenditure or withdrawal only after (A) this subtitle; on which the waivers become effective as set those portions of the Regional Water System (B) the Settlement Agreement; and forth in section 623(d), the Secretary shall described in section 1.5.24 of the Settlement (C) the Operating Agreement. invest amounts in the Fund in accordance Agreement have been declared substantially (b) DELIVERY OF REGIONAL WATER SYSTEM with— complete by the Secretary. WATER.—The Authority shall deliver water (1) the Act of April 1, 1880 (25 U.S.C. 161); from the Regional Water System— (2) the first section of the Act of June 24, SEC. 616. ENVIRONMENTAL COMPLIANCE. (1) to the Pueblos water in a quantity suffi- 1938 (25 U.S.C. 162a); and (a) IN GENERAL.—In carrying out this sub- cient to allow full consumptive use of up to (3) the American Indian Trust Fund Man- title, the Secretary shall comply with each 2,500 acre-feet per year of water rights by the agement Reform Act of 1994 (25 U.S.C. 4001 et law of the Federal Government relating to Pueblos in accordance with— seq.). the protection of the environment, includ- (A) the Settlement Agreement; (d) TRIBAL MANAGEMENT PLAN.— ing— (B) the Operating Agreement; and (1) IN GENERAL.—A Pueblo may withdraw (1) the National Environmental Policy Act (C) this subtitle; and all or part of the Pueblo’s portion of the of 1969 (42 U.S.C. 4321 et seq.); and (2) to the County water in a quantity suffi- Fund on approval by the Secretary of a trib- (2) the Endangered Species Act of 1973 (16 cient to allow full consumptive use of up to al management plan as described in the U.S.C. 1531 et seq.). 1,500 acre-feet per year of water rights by the American Indian Trust Fund Management (b) NATIONAL ENVIRONMENTAL POLICY County Water Utility in accordance with— Reform Act of 1994 (25 U.S.C. 4001 et seq.). ACT.—Nothing in this title affects the out- (A) the Settlement Agreement; (2) REQUIREMENTS.—In addition to the re- come of any analysis conducted by the Sec- (B) the Operating Agreement; and quirements under the American Indian Trust retary or any other Federal official under (C) this subtitle. Fund Management Reform Act of 1994 (25 the National Environmental Policy Act of (c) ADDITIONAL USE OF ALLOCATION QUAN- U.S.C. 4001 et seq.), the tribal management 1969 (42 U.S.C. 4321 et seq.). TITY AND UNUSED CAPACITY.—The Regional plan shall require that a Pueblo spend any SEC. 617. FUNDING. Water System may be used to— amounts withdrawn from the Fund in ac- (a) REGIONAL WATER SYSTEM.—

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(1) FUNDING.— (i) $15,000,000, as adjusted according to the cute the Settlement Agreement and the (A) MANDATORY APPROPRIATION.—Subject CPI Urban Index beginning on October 1, Cost-Sharing and System Integration Agree- to paragraph (5), out of any funds in the 2006, which shall be allocated to the Pueblos, ment (including any amendments that are Treasury not otherwise appropriated, the in accordance with section 2.7.1 of the Settle- necessary to make the Settlement Agree- Secretary of the Treasury shall transfer to ment Agreement, for the rehabilitation, im- ment or the Cost-Sharing and System Inte- the Secretary for the planning, design, and provement, operation, maintenance, and re- gration Agreement consistent with this construction of the Regional Water System placement of the agricultural delivery facili- title). and the conduct of environmental compli- ties, waste water systems, and other water- (c) AUTHORITIES OF THE PUEBLOS.— ance activities under section 616 an amount related infrastructure of the applicable (1) IN GENERAL.—Each of the Pueblos may not to exceed $56,400,000, as adjusted under Pueblo. enter into leases or contracts to exchange paragraph (4), for the period of fiscal years (ii) $5,000,000, as adjusted according to the water rights or to forebear undertaking new 2011 through 2016, to remain available until CPI Urban Index beginning on January 1, or expanded water uses for water rights rec- expended. 2011, and any interest on that amount, which ognized in section 2.1 of the Settlement (B) AUTHORIZATION OF APPROPRIATIONS.—In shall be allocated to the Pueblo of Nambe Agreement for use within the Pojoaque addition to the amount made available under only for the acquisition land, other real Basin, in accordance with the other limita- subparagraph (A), there is authorized to be property interests, or economic development tions of section 2.1.5 of the Settlement appropriated to the Secretary for the plan- for the Nambe reserved water rights in ac- Agreement, provided that section 2.1.5 is ning, design, and construction of the Re- cordance with section 613(a)(1)(A). amended accordingly. gional Water System and the conduct of en- (B) AUTHORIZATION OF APPROPRIATIONS.—In (2) APPROVAL BY SECRETARY.—Consistent vironmental compliance activities under sec- addition to the amounts made available with the Settlement Agreement, the Sec- tion 616 $50,000,000, as adjusted under para- under clauses (i) and (ii) of subparagraph (A), retary shall approve or disapprove a lease or graph (4), for the period of fiscal years 2011 respectively, there are authorized to be ap- contract entered into under paragraph (1). through 2024. propriated to the Secretary for the period of (3) PROHIBITION ON PERMANENT ALIEN- (2) RECEIPT AND ACCEPTANCE.—The Sec- fiscal years 2011 through 2024, $37,500,000 to ATION.—No lease or contract under paragraph retary shall be entitled to receive, shall ac- assist the Pueblos in paying the Pueblos’ (1) shall be for a term exceeding 99 years, nor cept, and shall use to carry out this title the share of the cost of operating, maintaining, shall any such lease or contract provide for funds transferred under paragraph (1)(A), and replacing the Pueblo Water Facilities permanent alienation of any portion of the without further appropriation, to remain and the Regional Water System. water rights made available to the Pueblos available until expended. (2) OPERATION, MAINTENANCE, AND REPLACE- under the Settlement Agreement. (3) PRIORITY OF FUNDING.—Of the amounts MENT COSTS.— (4) APPLICABLE LAW.—Section 2116 of the made available under paragraph (1), the Sec- (A) IN GENERAL.—Prior to conveyance of Revised Statutes (25 U.S.C. 177) shall not retary shall give priority to funding— the Regional Water System pursuant to sec- apply to any lease or contract entered into (A) the construction of the San Ildefonso tion 611, the Secretary is authorized to and under paragraph (1). portion of the Regional Water System, con- shall pay any operation, maintenance, and (5) LEASING OR MARKETING OF WATER SUP- sisting of— replacement costs associated with the Pueb- PLY.—The water supply provided on behalf of (i) the surface water diversion, treatment, lo Water Facilities or the Regional Water and transmission facilities at San Ildefonso the Pueblos pursuant to section 613(a)(1) may System, up to the amount made available Pueblo; and only be leased or marketed by any of the under subparagraph (B). (ii) the San Ildefonso Pueblo portion of the Pueblos pursuant to the intergovernmental (B) AUTHORIZATION OF APPROPRIATIONS.— Pueblo Water Facilities; and agreements described in section 614(c)(2). There is authorized to be appropriated to the (B) that part of the Regional Water System (d) AMENDMENTS TO CONTRACTS.—The Sec- Secretary to carry out subparagraph (A) providing 475 acre-feet to Pojoaque Pueblo retary shall amend the contracts relating to $5,000,000. pursuant to section 2.2 of the Settlement the Nambe Falls Dam and Reservoir that are (C) OBLIGATION OF FEDERAL GOVERNMENT Agreement. necessary to use water supplied from the AFTER COMPLETION.—After the date on which (4) ADJUSTMENT.—The amounts made avail- Nambe Falls Dam and Reservoir in accord- construction of the Regional Water System able under paragraph (1) shall be adjusted ance with the Settlement Agreement. is completed and the amounts required to be annually to account for increases in con- deposited in the Aamodt Settlement Pueb- SEC. 622. ENVIRONMENTAL COMPLIANCE. struction costs since October 1, 2006, as de- los’ Fund pursuant to paragraph (1) have (a) EFFECT OF EXECUTION OF SETTLEMENT termined using applicable engineering cost been deposited by the Federal Government— AGREEMENT.—The execution of the Settle- indices. (i) the Federal Government shall have no ment Agreement under section 611(b) shall (5) LIMITATIONS.— obligation to pay for the operation, mainte- not constitute a major Federal action under (A) IN GENERAL.—No amounts shall be nance, and replacement costs associated the National Environmental Policy Act of made available under paragraph (1) for the with the Pueblo Water Facilities or the Re- 1969 (42 U.S.C. 4321 et seq.). construction of the Regional Water System gional Water System; and (b) COMPLIANCE WITH ENVIRONMENTAL until the date on which the United States (ii) the authorization for the Secretary to LAWS.—In carrying out this title, the Sec- District Court for the District of New Mexico expend funds for the operation, maintenance, retary shall comply with each law of the issues an order approving the Settlement and replacement costs of those systems Federal Government relating to the protec- Agreement. under subparagraph (A) shall expire. tion of the environment, including— (B) RECORD OF DECISION.—No amounts (3) RECEIPT AND ACCEPTANCE.—The Sec- (1) the National Environmental Policy Act made available under paragraph (1) shall be retary shall be entitled to receive, shall ac- of 1969 (42 U.S.C. 4321 et seq.); and expended for construction unless the record cept, and shall use to carry out this title the (2) the Endangered Species Act of 1973 (16 of decision issued by the Secretary after funds transferred under paragraphs (1)(A), U.S.C. 1531 et seq.). completion of an environmental impact without further appropriation, to remain statement provides for a preferred alter- SEC. 623. CONDITIONS PRECEDENT AND EN- available until expended or until the author- native that is in substantial compliance with FORCEMENT DATE. ization for the Secretary to expend funds the proposed Regional Water System, as de- (a) CONDITIONS PRECEDENT.— pursuant to paragraph (2) expires. fined in the Engineering Report. (1) IN GENERAL.—Upon the fulfillment of (b) ACQUISITION OF WATER RIGHTS.— Subtitle B—Pojoaque Basin Indian Water the conditions precedent described in para- (1) IN GENERAL.—Out of any funds in the Rights Settlement graph (2), the Secretary shall publish in the Treasury not otherwise appropriated, the SEC. 621. SETTLEMENT AGREEMENT AND CON- Federal Register by September 15, 2017, a Secretary of the Treasury shall transfer to TRACT APPROVAL. statement of findings that the conditions the Secretary for the acquisition of the (a) APPROVAL.—To the extent the Settle- have been fulfilled. water rights under section 613(a)(1)(B) ment Agreement and the Cost-Sharing and (2) REQUIREMENTS.—The conditions prece- $5,400,000. System Integration Agreement do not con- dent referred to in paragraph (1) are the con- (2) RECEIPT AND ACCEPTANCE.—The Sec- flict with this title, the Settlement Agree- ditions that— retary shall be entitled to receive, shall ac- ment and the Cost-Sharing and System Inte- (A) to the extent that the Settlement cept, and shall use to carry out this title the gration Agreement (including any amend- Agreement conflicts with this subtitle, the funds transferred under paragraph (1), with- ments to the Settlement Agreement and the Settlement Agreement has been revised to out further appropriation, to remain avail- Cost-Sharing and System Integration Agree- conform with this subtitle; able until expended. ment that are executed to make the Settle- (B) the Settlement Agreement, so revised, (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— ment Agreement or the Cost-Sharing and including waivers and releases pursuant to (1) FUNDING.— System Integration Agreement consistent section 624, has been executed by the appro- (A) MANDATORY APPROPRIATIONS.—Out of with this title) are authorized, ratified, and priate parties and the Secretary; any funds in the Treasury not otherwise ap- confirmed. (C) Congress has fully appropriated, or the propriated, the Secretary of the Treasury (b) EXECUTION.—To the extent the Settle- Secretary has provided from other author- shall transfer to the Secretary the following ment Agreement and the Cost-Sharing and ized sources, all funds authorized by section amounts for the period of fiscal years 2011 System Integration Agreement do not con- 617, with the exception of subsection (a)(1) of through 2015: flict with this title, the Secretary shall exe- that section;

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.013 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7682 CONGRESSIONAL RECORD — HOUSE November 30, 2010 (D) the Secretary has acquired and entered enters a partial final decree pursuant to sub- United States acting on behalf of a Pueblo, into appropriate contracts for the water section (a)(2)(G) and an Interim Administra- shall have the right to notify the Decree rights described in section 613(a); tive Order consistent with the Settlement Court of the determination. (E) for purposes of section 613(a), permits Agreement. (B) EFFECT.—The Final Decree shall have have been issued by the New Mexico State (d) EFFECTIVENESS OF WAIVERS.—The waiv- no force or effect on a finding by the Decree Engineer to the Regional Water Authority to ers and releases executed pursuant to section Court that a Pueblo, or the United States change the points of diversion to the 624 shall become effective as of the date that acting on behalf of a Pueblo, has submitted mainstem of the Rio Grande for the diver- the Secretary publishes the notice required proper notification under subparagraph (A). sion and consumptive use of at least 2,381 by subsection (a)(1). (f) VOIDING OF WAIVERS.—If the Final De- acre-feet by the Pueblos as part of the water (e) REQUIREMENTS FOR DETERMINATION OF cree is void under subsection (e)(5)— supply for the Regional Water System, sub- SUBSTANTIAL COMPLETION OF THE REGIONAL (1) the Settlement Agreement shall no ject to the conditions that— WATER SYSTEM.— longer be effective; (i) the permits shall be free of any condi- (1) CRITERIA FOR SUBSTANTIAL COMPLETION (2) the waivers and releases executed pur- tion that materially adversely affects the OF REGIONAL WATER SYSTEM.—Subject to the suant to section 624 shall no longer be effec- ability of the Pueblos or the Regional Water provisions in section 611(d) concerning the tive; Authority to divert or use the Pueblo water extent, size, and capacity of the County Dis- (3) any unexpended Federal funds appro- supply described in section 613(a), including tribution System, the Regional Water Sys- priated or made available to carry out the water rights acquired in addition to those tem shall be determined to be substantially activities authorized by this title, together described in section 613(a), in accordance completed if the infrastructure has been con- with any interest earned on those funds, any with section 613(g); and structed capable of— water rights or contracts to use water, and (ii) the Settlement Agreement shall estab- (A) diverting, treating, transmitting, and title to other property acquired or con- lish the means to address any permit condi- distributing a supply of 2,500 acre-feet of structed with Federal funds appropriated or tions to ensure the ability of the Pueblos to water to the Pueblos; and made available to carry out the activities fully divert and consume at least 2,381 acre- (B) diverting, treating, and transmitting authorized by this title shall be returned to feet as part of the water supply for the Re- the quantity of water specified in the Engi- the Federal Government, unless otherwise gional Water System, including defining the neering Report to the County Distribution agreed to by the Pueblos and the United conditions that will not constitute a mate- System. States and approved by Congress; and rial adverse affect; (2) CONSULTATION.—On or after June 30, (4) except for Federal funds used to acquire (F) the State has enacted any necessary 2021, at the request of 1 or more of the Pueb- or develop property that is returned to the legislation and provided any funding that los, the Secretary shall consult with the Federal Government under paragraph (3), the may be required under the Settlement Pueblos and confer with the County and the United States shall be entitled to set off any Agreement; State on whether the criteria in paragraph Federal funds appropriated or made avail- (G) a partial final decree that sets forth (1) for substantial completion of the Re- able to carry out the activities authorized by the water rights and other rights to water to gional Water System have been met or will this title that were expended or withdrawn, which the Pueblos are entitled under the be met by June 30, 2024. together with any interest accrued on those Settlement Agreement and this subtitle and (3) WRITTEN DETERMINATION BY SEC- funds, against any claims against the United that substantially conforms to the Settle- RETARY.—Not earlier than June 30, 2021, at States— ment Agreement has been approved by the the request of 1 or more of the Pueblos and (A) relating to water rights in the United States District Court for the District after the consultation required by paragraph Pojoaque Basin asserted by any Pueblo that of New Mexico; (2), the Secretary shall— benefitted from the use of expended or with- (H) a final decree that sets forth the water (A) determine whether the Regional Water drawn Federal funds; or rights for all parties to the Aamodt Case and System has been substantially completed (B) in any future settlement of the Aamodt that substantially conforms to the Settle- based on the criteria described in paragraph Case. ment Agreement has been approved by the (1); and (g) EXTENSION.—The dates in subsections United States District Court for the District (B) submit a written notice of the deter- (a)(1) and (b) may be extended if the parties of New Mexico; and mination under subparagraph (A) to— to the Cost-Sharing and System Integration (I) the waivers and releases described in (i) the Pueblos; Agreement agree that an extension is rea- section 624 have been executed. (ii) the County; and sonably necessary. (b) EXPIRATION DATE.—If all the conditions (iii) the State. SEC. 624. WAIVERS AND RELEASES OF CLAIMS. precedent described in subsection (a)(2) have (4) RIGHT TO REVIEW.— (a) CLAIMS BY THE PUEBLOS AND THE UNITED not been fulfilled by September 15, 2017— (A) IN GENERAL.—A determination by the STATES.—In return for recognition of the (1) the Settlement Agreement shall no Secretary under paragraph (3)(A) shall be Pueblos’ water rights and other benefits, in- longer be effective; considered to be a final agency action sub- cluding waivers and releases by non-Pueblo (2) the waivers and releases described in ject to judicial review by the Decree Court parties, as set forth in the Settlement Agree- the Settlement Agreement and section 624 under sections 701 through 706 of title 5, ment and this title, the Pueblos, on behalf of shall not be effective; United States Code. themselves and their members, and the (3) any unexpended Federal funds appro- (B) FAILURE TO MAKE TIMELY DETERMINA- United States acting in its capacity as trust- priated or made available to carry out the TION.— ee for the Pueblos are authorized to execute activities authorized by this title, together (i) IN GENERAL.—If a Pueblo requests a a waiver and release of— with any interest earned on those funds, any written determination under paragraph (3) (1) all claims for water rights in the water rights or contracts to use water, and and the Secretary fails to make such a writ- Pojoaque Basin that the Pueblos, or the title to other property acquired or con- ten determination by the date described in United States acting in its capacity as trust- structed with Federal funds appropriated or clause (ii), there shall be a rebuttable pre- ee for the Pueblos, asserted, or could have made available to carry out the activities sumption that the failure constitutes agency asserted, in any proceeding, including the authorized by this title shall be returned to action unlawfully withheld or unreasonably Aamodt Case, up to and including the waiver the Federal Government, unless otherwise delayed under section 706 of title 5, United effectiveness date identified in section 623(d), agreed to by the Pueblos and the United States Code. except to the extent that such rights are rec- States and approved by Congress; and (ii) DATE.—The date referred to in clause ognized in the Settlement Agreement or this (4) except for Federal funds used to acquire (i) is the date that is the later of— title; or develop property that is returned to the (I) the date that is 180 days after the date (2) all claims for water rights for lands in Federal Government under paragraph (3), the of receipt by the Secretary of the request by the Pojoaque Basin and for rights to use United States shall be entitled to set off any the Pueblo; and water in the Pojoaque Basin that the Pueb- Federal funds appropriated or made avail- (II) June 30, 2023. los, or the United States acting in its capac- able to carry out the activities authorized by (C) EFFECT OF TITLE.—Nothing in this title ity as trustee for the Pueblos, might be able this title that were expended or withdrawn, gives any Pueblo or Settlement Party the to otherwise assert in any proceeding not together with any interest accrued on those right to judicial review of a determination of initiated on or before the date of enactment funds, against any claims against the United the Secretary regarding whether the Re- of this Act, except to the extent that such States— gional Water System has been substantially rights are recognized in the Settlement (A) relating to water rights in the completed except under subchapter II of Agreement or this title; Pojoaque Basin asserted by any Pueblo that chapter 5, and chapter 7, of title 5, United (3) all claims for damages, losses or inju- benefitted from the use of expended or with- States Code (commonly known as the ‘‘Ad- ries to water rights or claims of interference drawn Federal funds; or ministrative Procedure Act’’). with, diversion or taking of water (including (B) in any future settlement of the Aamodt (5) RIGHT TO VOID FINAL DECREE.— claims for injury to land resulting from such Case. (A) IN GENERAL.—Not later than June 30, damages, losses, injuries, interference with, (c) ENFORCEMENT DATE.—The Settlement 2024, on a determination by the Secretary, diversion, or taking) for land within the Agreement shall become enforceable begin- after consultation with the Pueblos, that the Pojoaque Basin that accrued at any time up ning on the date on which the United States Regional Water System is not substantially to and including the waiver effectiveness District Court for the District of New Mexico complete, 1 or more of the Pueblos, or the date identified in section 623(d);

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.013 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7683 (4) their defenses in the Aamodt Case to Partial Final Decree, the Final Decree, or shall be tolled for the period beginning on the claims previously asserted therein by this title. the date of enactment of this Act and ending other parties to the Settlement Agreement; (c) RESERVATION OF RIGHTS AND RETENTION on June 30, 2021. (5) all pending and future inter se chal- OF CLAIMS.—Notwithstanding the waivers (2) EFFECT OF SUBSECTION.—Nothing in this lenges to the quantification and priority of and releases authorized in this title, the subsection revives any claim or tolls any pe- water rights of non-Pueblo wells in the Pueblos on behalf of themselves and their riod of limitation or time-based equitable de- Pojoaque Basin, except as provided by sec- members and the United States acting in its fense that expired before the date of enact- tion 2.8 of the Settlement Agreement; capacity as trustee for the Pueblos retain.— ment of this Act. (6) all pending and future inter se chal- (1) all claims for enforcement of the Settle- (3) LIMITATION.—Nothing in this section lenges against other parties to the Settle- ment Agreement, the Cost-Sharing and Sys- precludes the tolling of any period of limita- ment Agreement; tem Integration Agreement, the Final De- tions or any time-based equitable defense (7) all claims for damages, losses, or inju- cree, including the Partial Final Decree, the under any other applicable law. ries to water rights or claims of interference San Juan-Chama Project contract between SEC. 625. EFFECT. with, diversion or taking of water (including the Pueblos and the United States or this Nothing in this title or the Settlement claims for injury to land resulting from such title; Agreement affects the land and water rights, damages, losses, injuries, interference with, (2) all rights to use and protect water claims, or entitlements to water of any In- diversion, or taking of water) attributable to rights acquired after the date of enactment dian tribe, pueblo, or community other than City of Santa Fe pumping of groundwater of this Act; the Pueblos. (3) all rights to use and protect water that has effects on the ground and surface SEC. 626. ANTIDEFICIENCY. water supplies of the Pojoaque Basin, pro- rights acquired pursuant to state law to the The United States shall not be liable for vided that this waiver shall not be effective extent not inconsistent with the Partial any failure to carry out any obligation or ac- by the Pueblo of Tesuque unless there is a Final Decree, Final Decree, and the Settle- tivity authorized by this title (including any water resources agreement executed between ment Agreement; such obligation or activity under the Settle- (4) all claims against persons other than the Pueblo of Tesuque and the City of Santa ment Agreement) if adequate appropriations Parties to the Settlement Agreement for Fe; and are not provided expressly by Congress to damages, losses or injuries to water rights or (8) all claims for damages, losses, or inju- carry out the purposes of this title in the claims of interference with, diversion or tak- ries to water rights or claims of interference Reclamation Water Settlements Fund estab- ing of water (including claims for injury to with, diversion or taking of water (including lished under section 10501 of Public Law 111– lands resulting from such damages, losses, claims for injury to land resulting from such 11 or the ‘‘Emergency Fund for Indian Safety injuries, interference with, diversion, or tak- damages, losses, injuries, interference with, and Health’’ established by section 601(a) of ing of water) within the Pojoaque Basin aris- diversion, or taking of water) attributable to the Tom Lantos and Henry J. Hyde United ing out of activities occurring outside the County of Santa Fe pumping of groundwater States Global Leadership Against HIV/AIDS, Pojoaque Basin; that has effects on the ground and surface Tuberculosis, and Malaria Reauthorization (5) all claims relating to activities affect- water supplies of the Pojoaque Basin. Act of 2008 (25 U.S.C. 443c(a)). ing the quality of water including any claims (b) CLAIMS BY THE PUEBLOS AGAINST THE the Pueblos may have under the Comprehen- TITLE VII—RECLAMATION WATER UNITED STATES.—The Pueblos, on behalf of sive Environmental Response, Compensa- SETTLEMENTS FUND themselves and their members, are author- tion, and Liability Act of 1980 (42 U.S.C. 9601 SEC. 701. MANDATORY APPROPRIATION. ized to execute a waiver and release of— et seq.) (including claims for damages to nat- (a) IN GENERAL.—Notwithstanding any (1) all claims against the United States, its ural resources), the Safe Drinking Water Act other provision of law, out of any funds in agencies, or employees, relating to claims (42 U.S.C. 300f et seq.), the Federal Water the Treasury not otherwise appropriated, for for water rights in or water of the Pojoaque Pollution Control Act (33 U.S.C. 1251 et seq.), each of fiscal years 2012 through 2014, the Basin or for rights to use water in the and the regulations implementing those Secretary of the Treasury shall transfer to Pojoaque Basin that the United States act- laws; the Secretary of the Interior $60,000,000 for ing in its capacity as trustee for the Pueblos (6) all claims against the United States re- deposit in the Reclamation Water Settle- asserted, or could have asserted, in any pro- lating to damages, losses, or injuries to land ments Fund established in section 10501 of ceeding, including the Aamodt Case; or natural resources not due to loss of water Public Law 111–11. (b) RECEIPT AND ACCEPTANCE.—Starting in (2) all claims against the United States, its or water rights (including hunting, fishing, fiscal year 2012, the Secretary of the Interior agencies, or employees relating to damages, gathering or cultural rights); shall be entitled to receive, shall accept, and losses, or injuries to water, water rights, (7) all claims for water rights from water shall use to carry out subtitle B of title X of land, or natural resources due to loss of sources outside the Pojoaque Basin for land Public Law 111–11 the funds transferred water or water rights (including damages, outside the Pojoaque Basin owned by a Pueb- under subsection (a), without further appro- losses or injuries to hunting, fishing, gath- lo or held by the United States for the ben- priation, to remain available until expended. ering or cultural rights due to loss of water efit of any of the Pueblos; and or water rights; claims relating to inter- (8) all rights, remedies, privileges, immuni- TITLE VIII—GENERAL PROVISIONS ference with, diversion or taking of water or ties, powers and claims not specifically Subtitle A—Unemployment Compensation water rights; or claims relating to failure to waived and released pursuant to this title or Program Integrity protect, acquire, replace, or develop water, the Settlement Agreement. SEC. 801. COLLECTION OF PAST-DUE, LEGALLY water rights or water infrastructure) within (d) EFFECT.—Nothing in the Settlement ENFORCEABLE STATE DEBTS. the Pojoaque Basin that first accrued at any Agreement or this title— (a) UNEMPLOYMENT COMPENSATION DEBTS.— time up to and including the waiver effec- (1) affects the ability of the United States Section 6402(f) of the Internal Revenue Code tiveness date identified in section 623(d); acting in its sovereign capacity to take ac- of 1986 is amended— (3) all claims against the United States, its tions authorized by law, including any laws (1) in the heading, by striking ‘‘RESULTING agencies, or employees for an accounting of relating to health, safety, or the environ- FROM FRAUD’’; funds appropriated by Acts, including the ment, including the Comprehensive Environ- (2) by striking paragraphs (3) and (8) and Act of December 22, 1927 (45 Stat. 2), the Act mental Response, Compensation, and Liabil- redesignating paragraphs (4) through (7) as of March 4, 1929 (45 Stat. 1562), the Act of ity Act of 1980 (42 U.S.C. 9601 et seq.), the paragraphs (3) through (6), respectively; March 26, 1930 (46 Stat. 90), the Act of Feb- Safe Drinking Water Act (42 U.S.C. 300f et (3) in paragraph (3), as so redesignated— ruary 14, 1931 (46 Stat. 1115), the Act of seq.), the Federal Water Pollution Control (A) in subparagraph (A), by striking ‘‘by March 4, 1931 (46 Stat. 1552), the Act of July Act (33 U.S.C. 1251 et seq.), the Solid Waste certified mail with return receipt’’; 1, 1932 (47 Stat. 525), the Act of June 22, 1936 Disposal Act (42 U.S.C. 6901 et seq.), and the (B) in subparagraph (B), by striking ‘‘due (49 Stat. 1757), the Act of August 9, 1937 (50 regulations implementing those laws; to fraud’’ and inserting ‘‘is not a covered un- Stat. 564), and the Act of May 9, 1938 (52 Stat. (2) affects the ability of the United States employment compensation debt’’; 291), as authorized by the Pueblo Lands Act to take actions acting in its capacity as (C) in subparagraph (C), by striking ‘‘due of June 7, 1924 (43 Stat. 636), and the Pueblo trustee for any other Indian tribe or allottee; to fraud’’ and inserting ‘‘ is not a covered un- Lands Act of May 31, 1933 (48 Stat. 108), and or employment compensation debt’’; and for breach of Trust relating to funds for (3) confers jurisdiction on any State court (4) in paragraph (4), as so redesignated— water replacement appropriated by said Acts to— (A) in subparagraph (A)— that first accrued before the date of enact- (A) interpret Federal law regarding health, (i) by inserting ‘‘or the person’s failure to ment of this Act; safety, or the environment or determine the report earnings’’ after ‘‘due to fraud’’; and (4) all claims against the United States, its duties of the United States or other parties (ii) by striking ‘‘for not more than 10 agencies, or employees relating to the pend- pursuant to such Federal law; or years’’; and ing litigation of claims relating to the Pueb- (B) conduct judicial review of Federal (B) in subparagraph (B)— los’ water rights in the Aamodt Case; and agency action; (i) by striking ‘‘due to fraud’’; and (5) all claims against the United States, its (e) TOLLING OF CLAIMS.— (ii) by striking ‘‘for not more than 10 agencies, or employees relating to the nego- (1) IN GENERAL.—Each applicable period of years’’. tiation, Execution or the adoption of the limitation and time-based equitable defense (b) EFFECTIVE DATE.—The amendments Settlement Agreement, exhibits thereto, the relating to a claim described in this section made by this section shall apply to refunds

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.013 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7684 CONGRESSIONAL RECORD — HOUSE November 30, 2010 payable under section 6402 of the Internal ments may be made in the manner author- SEC. 812. MODIFICATIONS TO TANF DATA RE- Revenue Code of 1986 on or after the date of ized for fiscal year 2010 through fiscal year PORTING. the enactment of this Act. 2012, in accordance with the amendments (a) IN GENERAL.—Section 411 of the Social SEC. 802. REPORTING OF FIRST DAY OF EARN- made by subsection (c) of this section. Security Act (42 U.S.C. 611) is amended by INGS TO DIRECTORY OF NEW HIRES. adding at the end the following new sub- (b) HEALTHY MARRIAGE PROMOTION AND RE- (a) ADDITION OF REQUIREMENT.—Section section: SPONSIBLE FATHERHOOD GRANTS.—Section ‘‘(c) PRE-REAUTHORIZATION STATE-BY-STATE 453A(b)(1)(A) of the Social Security Act (42 403(a)(2) of the Social Security Act (42 U.S.C. REPORTS ON ENGAGEMENT IN ADDITIONAL U.S.C. 653a(b)(1)(A)) is amended by inserting 603(a)(2)) is amended— WORK ACTIVITIES AND EXPENDITURES FOR ‘‘the date services for remuneration were (1) in subparagraph (A)— OTHER BENEFITS AND SERVICES.— first performed by the employee,’’ after ‘‘of (A) in clause (i), by striking ‘‘and (C)’’ and ‘‘(1) STATE REPORTING REQUIREMENTS.— the employee,’’. inserting ‘‘, (C), and (E)’’; ‘‘(A) REPORTING PERIODS AND DEADLINES.— (b) CONFORMING AMENDMENT REGARDING (B) in clause (ii), in the matter preceding Each eligible State shall submit to the Sec- REPORTING FORMAT AND METHOD.—Section subclause (I), by inserting ‘‘(or, in the case of retary the following reports: 453A(c) of the Social Security Act (42 U.S.C. an entity seeking funding to carry out ‘‘(i) MARCH 2011 REPORT.—Not later than 653a(c)) is amended by inserting ‘‘, to the ex- healthy marriage promotion activities and May 31, 2011, a report for the period that be- tent practicable,’’ after ‘‘Each report re- activities promoting responsible fatherhood, gins on March 1, 2011, and ends on March 31, quired by subsection (b) shall’’. a combined application that contains assur- 2011, that contains the information specified (c) EFFECTIVE DATE.— ances that the entity will carry out such ac- in subparagraphs (B) and (C). (1) IN GENERAL.—Subject to paragraph (2), tivities under separate programs and shall ‘‘(ii) APRIL-JUNE, 2011 REPORT.—Not later the amendments made by this section shall not combine any funds awarded to carry out than August 31, 2011, a report for the period take effect 6 months after the date of the en- either such activities)’’ after ‘‘an applica- that begins on April 1, 2011, and ends on June actment of this Act. tion’’; and 30, 2011, that contains with respect to the 3 (2) COMPLIANCE TRANSITION PERIOD.—If the (C) in clause (iii), by striking subclause months that occur during that period— Secretary of Health and Human Services de- (III) and inserting the following: ‘‘(I) the average monthly numbers for the termines that State legislation (other than ‘‘(III) Marriage education, marriage skills, information specified in subparagraph (B); legislation appropriating funds) is required and relationship skills programs, that may and in order for a State plan under part D of title include parenting skills, financial manage- ‘‘(II) the information specified in subpara- IV of the Social Security Act to meet the ad- ment, conflict resolution, and job and career graph (C). ditional requirements imposed by the advancement.’’; ‘‘(B) ENGAGEMENT IN ADDITIONAL WORK AC- amendment made by subsection (a), the plan (2) in subparagraph (C)(i), by striking TIVITIES.— shall not be regarded as failing to meet such ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’; ‘‘(i) With respect to each work-eligible in- requirements before the first day of the sec- (3) by striking subparagraph (D) and in- dividual in a family receiving assistance dur- ond calendar quarter beginning after the serting the following: ing a reporting period specified in subpara- close of the first regular session of the State ‘‘(D) APPROPRIATION.—Out of any money in graph (A), whether the individual engages in legislature that begins after the effective the Treasury of the United States not other- any activities directed toward attaining self- date of such amendment. If the State has a wise appropriated, there are appropriated for sufficiency during a month occurring in a re- 2-year legislative session, each year of the fiscal year 2011 for expenditure in accordance porting period, and if so, the specific activi- session is deemed to be a separate regular with this paragraph— ties— session of the State legislature. ‘‘(i) $75,000,000 for awarding funds for the ‘‘(I) that do not qualify as a work activity Subtitle B—TANF purpose of carrying out healthy marriage under section 407(d) but that are otherwise SEC. 811. EXTENSION OF THE TEMPORARY AS- promotion activities; and reasonably calculated to help the family SISTANCE FOR NEEDY FAMILIES ‘‘(ii) $75,000,000 for awarding funds for the move toward self-sufficiency; or PROGRAM. purpose of carrying out activities promoting ‘‘(II) that are of a type that would be (a) IN GENERAL.—Activities authorized by responsible fatherhood. counted toward the State participation rates part A of title IV and section 1108(b) of the If the Secretary makes an award under sub- under section 407 but for the fact that— Social Security Act (other than the Emer- paragraph (B)(i) for fiscal year 2011, the ‘‘(aa) the work-eligible individual did not gency Contingency Fund for State Tem- funds for such award shall be taken in equal engage in sufficient hours of the activity; porary Assistance for Needy Families Pro- portion from the amounts appropriated ‘‘(bb) the work-eligible individual has grams established under subsection (c) of under clauses (i) and (ii).’’; and reached the maximum time limit allowed for section 403 of such Act) shall continue (4) by adding at the end the following: having participation in the activity counted through September 30, 2011, in the manner ‘‘(E) PREFERENCE.—In awarding funds toward the State’s work participation rate; authorized for fiscal year 2010, and out of any under this paragraph for fiscal year 2011, the or money in the Treasury of the United States Secretary shall give preference to entities ‘‘(cc) the number of work-eligible individ- not otherwise appropriated, there are hereby that were awarded funds under this para- uals engaged in such activity exceeds a limi- appropriated such sums as may be necessary graph for any prior fiscal year and that have tation under such section. for such purpose. Grants and payments may demonstrated the ability to successfully ‘‘(ii) Any other information that the Sec- be made pursuant to this authority on a carry out the programs funded under this retary determines appropriate with respect quarterly basis through fiscal year 2011 at paragraph.’’. to the information required under clause (i), the level provided for such activities for the including if the individual has no hours of corresponding quarter of fiscal year 2010, ex- (c) CONTINGENCY FUND.—Section 403(b)(2) of participation, the principal reason or reasons cept that— the Social Security Act (42 U.S.C. 603(b)(2)), for such non-participation. as amended by section 131(b)(2)(A) of the (1) in the case of healthy marriage pro- ‘‘(C) EXPENDITURES ON OTHER BENEFITS AND Continuing Appropriations Act, 2011, is motion and responsible fatherhood grants SERVICES.— under section 403(a)(2) of such Act, such amended— ‘‘(i) Detailed, disaggregated information grants and payments shall be made in ac- (1) by striking ‘‘$506,000,000’’ and inserting regarding the types of, and amounts of, ex- cordance with the amendments made by sub- ‘‘such sums as are necessary for amounts ob- penditures made by the State during a re- section (b) of this section; ligated on or after October 1, 2010, and before porting period specified in subparagraph (A) (2) in the case of supplemental grants the date of enactment of the Claims Resolu- using— under section 403(a)(3) of such Act— tion Act of 2010,’’; and ‘‘(I) Federal funds provided under section (A) such grants and payments for the pe- (2) by striking ‘‘, reduced’’ and all that fol- 403 that are (or will be) reported by the State riod beginning on October 1, 2010, and ending lows up to the period. on Form ACF–196 (or any successor form) on December 3, 2010, shall not exceed the (d) CONFORMING AMENDMENTS.—Section under the category of other expenditures or level provided for such grants and payments 403(a)(3) of the Social Security Act (42 U.S.C. the category of benefits or services provided under the Continuing Appropriations Act, 603(a)(3)), as amended by section 131(b)(1) of in accordance with the authority provided 2011; and the Continuing Appropriations Act, 2011, is under section 404(a)(2); or (B) such grants and payments for the pe- amended— ‘‘(II) State funds expended to meet the re- riod beginning on December 4, 2010, and end- (1) in subparagraph (F)— quirements of section 409(a)(7) and reported ing on June 30, 2011, shall not exceed the (A) by inserting ‘‘(or portion of a fiscal by the State in the category of other expend- amount equal to the difference between year)’’ after ‘‘a fiscal year’’; and itures on Form ACF–196 (or any successor $490,000,000 and such sums as are necessary (B) by inserting ‘‘(or portion of the fiscal form). for amounts obligated under section 403(b) of year)’’ after ‘‘the fiscal year’’ each place it ‘‘(ii) Any other information that the Sec- the Social Security Act on or after October appears; and retary determines appropriate with respect 1, 2010, and before the date of enactment of (2) by striking clause (ii) of subparagraph to the information required under clause (i). this Act; and (H) and inserting the following: ‘‘(2) PUBLICATION OF SUMMARY AND ANAL- (3) in the case of the Contingency Fund for ‘‘(ii) subparagraph (G) shall be applied as if YSIS OF ENGAGEMENT IN ADDITIONAL ACTIVI- State Welfare Programs established under ‘fiscal year 2011’ were substituted for ‘fiscal TIES.—Concurrent with the submission of section 403(b) of such Act, grants and pay- year 2001’;’’. each report required under paragraph (1)(A),

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.013 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7685 an eligible State shall publish on an Internet tion 411(c)(1)(A)(ii) by August 31, 2011, the priations Acts to provide grants to States website maintained by the State agency re- Secretary shall reduce the grant payable to under the special supplemental nutrition sponsible for administering the State pro- the State under section 403(a)(1) for the im- program for women, infants, and children es- gram funded under this part (or such State- mediately succeeding fiscal year by an tablished by section 17 of the Child Nutrition maintained website as the Secretary may ap- amount equal to not more than 4 percent of Act of 1966 (42 U.S.C. 1786), $562,000,000 is re- prove)— the State family assistance grant. scinded. ‘‘(A) a summary of the information sub- ‘‘(ii) RESCISSION OF PENALTY.—The Sec- Subtitle F—Budgetary Effects mitted in the report: retary shall rescind a penalty imposed on a SEC. 851. BUDGETARY EFFECTS. ‘‘(B) an analysis statement regarding the State under clause (i) with respect to a re- The budgetary effects of this Act, for the extent to which the information changes port required by section 411(c)(1)(A) if the purpose of complying with the Statutory measures of total engagement in work ac- State submits the report not later than— Pay-As-You-Go-Act of 2010, shall be deter- tivities from what was (or will be) reported ‘‘(I) in the case of the report required mined by reference to the latest statement by the State in the quarterly report sub- under section 411(c)(1)(A)(i), June 15, 2011; titled ‘‘Budgetary Effects of PAYGO Legisla- mitted under subsection (a) for the com- and tion’’ for this Act, submitted for printing in parable period; and ‘‘(II) in the case of the report required the Congressional Record by the Chairman of ‘‘(C) a narrative describing the most com- under section 411(c)(1)(A)(ii), September 15, the Senate Budget Committee, provided that mon activities contained in the report that 2011. such statement has been submitted prior to are not countable toward the State partici- ‘‘(iii) PENALTY BASED ON SEVERITY OF FAIL- the vote on passage. pation rates under section 407. URE.—The Secretary shall impose a reduc- ‘‘(3) APPLICATION OF AUTHORITY TO USE SAM- tion under clause (i) with respect to a fiscal Amend the title so as to read: This Act PLING.—Subparagraph (B) of subsection (a)(1) year based on the degree of noncompliance.’’. may be cited as ‘‘The Claims Resettlement shall apply to the reports required under (2) APPLICATION OF REASONABLE CAUSE EX- Act of 2010.’’. paragraph (1) of this subsection in the same CEPTION.—Section 409(b)(2) of such Act (42 MOTION TO CONCUR manner as subparagraph (B) of subsection U.S.C. 609(b)(2)) is amended by inserting be- (a)(1) applies to reports required under sub- The SPEAKER pro tempore. The fore the period the following: ‘‘and, with re- Clerk will report the motion. paragraph (A) of subsection (a)(1). spect to the penalty under paragraph (2)(B) ‘‘(4) SECRETARIAL REPORTS TO CONGRESS.— of subsection (a), shall only apply to the ex- The Clerk read as follows: ‘‘(A) MARCH 2011 REPORT.—Not later than tent the Secretary determines that the rea- Mr. Rahall moves that the House concur in June 30, 2011, the Secretary shall submit to sonable cause for failure to comply with a re- the Senate amendments to H.R. 4783. Congress a report on the information sub- quirement of that paragraph is as a result of The SPEAKER pro tempore. Pursu- mitted by eligible States for the March 2011 a one-time, unexpected event, such as a reporting period under paragraph (1)(A)(i). ant to House Resolution 1736, the mo- widespread data system failure or a natural tion shall be debatable for 1 hour, with The report shall include a State-by-State or man-made disaster’’. summary and analysis of such information, 50 minutes equally divided and con- (3) NONAPPLICATION OF CORRECTIVE COMPLI- identification of any States with missing or ANCE PLAN PROVISIONS.—Section 409(c)(4) of trolled by the chair and ranking minor- incomplete reports, and recommendations such Act (42 U.S.C. 609(c)(4)) is amended by ity member of the Committee on Nat- for such administrative or legislative inserting ‘‘(2)(B),’’ after ‘‘paragraph’’. ural Resources and 10 minutes equally changes as the Secretary determines are nec- divided and controlled by the chair and essary to require eligible States to report Subtitle C—Customs User Fees; Continued the information on a recurring basis. Dumping and Subsidy Offset ranking minority member of the Com- ‘‘(B) APRIL-JUNE, 2011 REPORT.—Not later SEC. 821. CUSTOMS USER FEES. mittee on Ways and Means. than September 30, 2011, the Secretary shall Section 13031(j)(3) of the Consolidated Om- The gentleman from West Virginia submit to Congress a report on the informa- nibus Budget Reconciliation Act of 1985 (19 (Mr. RAHALL) and the gentleman from tion submitted by eligible States for the U.S.C. 58c(j)(3)) is amended— Washington (Mr. HASTINGS) each will April-June 2011 reporting period under para- (1) in subparagraph (A), by striking ‘‘De- control 25 minutes. The gentleman graph (1)(A)(ii). The report shall include a cember 10, 2018’’ and inserting ‘‘September from Michigan (Mr. LEVIN) and the State-by-State summary and analysis of 30, 2019’’; and such information, identification of any (2) in subparagraph (B)(i), by striking ‘‘No- gentleman from Texas (Mr. BRADY) States with missing or incomplete reports, vember 30, 2018’’ and inserting ‘‘September each will control 5 minutes. and recommendations for such administra- 30, 2019’’. The Chair recognizes the gentleman tive or legislative changes as the Secretary SEC. 822. LIMITATION ON DISTRIBUTIONS RELAT- from West Virginia. ING TO REPEAL OF CONTINUED determines are necessary to require eligible GENERAL LEAVE DUMPING AND SUBSIDY OFFSET. States to report the information on a recur- Mr. RAHALL. Madam Speaker, I ask ring basis Notwithstanding section 1701(b) of the Def- unanimous consent that all Members ‘‘(5) AUTHORITY FOR EXPEDITIOUS IMPLEMEN- icit Reduction Act of 2005 (Public Law 109– TATION.—The requirements of chapter 5 of 171; 120 Stat. 154 (19 U.S.C. 1675c note)) or any may have 5 legislative days to revise title 5, United States Code (commonly re- other provision of law, no payments shall be and extend their remarks and include ferred to as the ‘Administrative Procedure distributed under section 754 of the Tariff extraneous material on the matter Act’) or any other law relating to rule- Act of 1930, as in effect on the day before the under consideration. making or publication in the Federal Reg- date of the enactment of such section 1701, with respect to the entries of any goods that The SPEAKER pro tempore. Is there ister shall not apply to the issuance of guid- are, on the date of the enactment of this objection to the request of the gen- ance or instructions by the Secretary with Act— tleman from West Virginia? respect to the implementation of this sub- (1) unliquidated; and There was no objection. section to the extent the Secretary deter- (2)(A) not in litigation; or mines that compliance with any such re- Mr. RAHALL. Madam Speaker, (B) not under an order of liquidation from quirement would impede the expeditious im- today, we are considering a measure the Department of Commerce. plementation of this subsection.’’. which will settle over a combined cen- (b) APPLICATION OF PENALTY FOR FAILURE Subtitle D—Emergency Fund for Indian tury of litigation. The bill will bring to TO FILE REPORT.— Safety and Health closure some shameful acts undertaken (1) IN GENERAL.—Section 409(a)(2) of such SEC. 831. EMERGENCY FUND FOR INDIAN SAFETY by the United States, and it will allow AND HEALTH. Act (42 U.S.C. 609(a)(2)) is amended— several communities to move forward (A) by redesignating subparagraphs (A) and Section 601 of the Tom Lantos and Henry (B) as clauses (i) and (ii), respectively, J. Hyde United States Global Leadership in rebuilding their communities and (B) by inserting before clause (i) (as redes- Against HIV/ AIDS, Tuberculosis, and Ma- their trust in the United States. ignated by paragraph (1)), the following: laria Reauthorization Act of 2008 (25 U.S.C. b 1350 ‘‘(A) QUARTERLY REPORTS.—’’; 443c) is amended— (C) in clause (ii) of subparagraph (A) (as re- (1) in subsection (b)(1), by striking With passage of this legislation, Con- designated by paragraphs (1) and (2)), by ‘‘$2,000,000,000’’ and inserting ‘‘$1,602,619,000’’; gress will resolve six outstanding liti- striking ‘‘subparagraph (A)’’ and inserting and gation matters consisting of two class ‘‘clause (i)’’; and (2) in subsection (f)(2)(B), by striking ‘‘50 action lawsuits and four water settle- (D) by adding at the end the following: percent’’ and inserting ‘‘not more than ments. In addition, the bill includes $602,619,000’’. ‘‘(B) REPORT ON ENGAGEMENT IN ADDITIONAL the initial installment to fund another WORK ACTIVITIES AND EXPENDITURES FOR Subtitle E—Rescission of Funds From WIC water settlement passed earlier this OTHER BENEFITS AND SERVICES.— Program Congress. ‘‘(i) IN GENERAL.—If the Secretary deter- SEC. 841. RESCISSION OF FUNDS FROM WIC PRO- mines that a State has not submitted the re- GRAM. First, claims by individual Indians port required by section 411(c)(1)(A)(i) by Notwithstanding any other provision of for a historical accounting and mis- May 31, 2011, or the report required by sec- law, of the amounts made available in appro- management of individual Indian

VerDate Mar 15 2010 05:15 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.013 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7686 CONGRESSIONAL RECORD — HOUSE November 30, 2010 money accounts in Cobell vs. Salazar Although the Crow Nation water set- are being dismissed by this Congress. will be resolved. After a century of tlement has not yet passed in the In particular, Madam Speaker, the con- mismanagement by the Federal Gov- House of Representatives, the Water cerns over the possible payment of over ernment, a class action lawsuit was and Power Subcommittee has held a $100 million to lawyers and the han- initiated by individual Indians against hearing on this measure. All concerns dling of damages claims deserves a re- the United States seeking redress for by the administration have been ad- sponse by this Congress. The Senate the mismanagement. This bill will pro- dressed and resolved. As a result, I sup- bill makes modifications in both areas, vide $1.5 billion to be distributed to in- port inclusion of the Crow Nation but to be bluntly honest about it, dividual Indians and to pay administra- water settlement in this legislation. Madam Speaker, the new text is noth- tive and attorneys’ fees. An additional The Senate has finally acted. It is time ing more than window dressing because $1.9 billion will be used to fund a Trust that we do our part one last time and it can be completely disregarded by the Land Consolidation Fund so that high- send this measure to the President. judge. To address one of these con- ly fractionated lands may be repur- Madam Speaker, I reserve the bal- cerns, I offered an amendment in the chased and consolidated into single ance of my time. Rules Committee yesterday to cap the tribal ownership again. This will Mr. HASTINGS of Washington. Cobell attorney fees at $50 million. The streamline administration of trust Madam Speaker, I yield myself such Rules Committee blocked the House lands. After 14 years of litigation and time as I may consume. from voting on this simple amendment. several attempts by the parties to set- Madam Speaker, the process by Under this bill, a literal handful of tle, the administration has brought an which Congress conducts the American plaintiff attorneys may be paid over end to a problem first created by Con- people’s business matters. For a long $100 million. This equates to one-third gress over 120 years ago. time, Beltway insiders claimed that of the amount awarded in the settle- Second, discrimination claims by Af- Americans don’t care about process. It ment for the claims actually litigated rican American farmers against the was a self-comforting excuse to con- by these attorneys. Let me repeat that, United States will finally be settled. duct business out of the public view Madam Speaker. This equates to one- The settlement resolves claims by Afri- and to shut down debate. However, the third of the amount litigated by these can American farmers who were denied message from the voters in November’s attorneys. This is simply too high. loans based on racial discrimination. election was unmistakable: It’s very Some have argued the lawyer fees are Third, H.R. 4783 will resolve the clear the American people do care just 3 percent of the settlement, but water rights claims of seven tribes and about Congress acting in a transparent, such a calculation would require pro- pueblos in the States of Arizona, New open, and fiscally responsible manner. posing to pay lawyers a share of funds Mexico and Montana, bringing to an Unfortunately, Madam Speaker, not from cases in which they had abso- end nearly a century of active litiga- everyone in Congress has heeded this lutely no involvement in representing. tion. message, and this is evidenced today by It also should be noted that the $50 When tribes were moved to reserva- the manner in which the Democrats million cap on fees is not arbitrary. It tions, the Nation assumed a legal obli- are seeking to pass this bill. reflects an amount plaintiff attorneys gation that water should be supplied to When this bill originally passed the indicated they can live with under meet the native people’s needs. This House in March, H.R. 4783 was aimed at their signed agreement with the gov- legislation meets the Nation’s legal addressing income tax benefits to char- ernment. commitments and provides water cer- itable contributions for the relief of This legislation should be about fair- tainty to surrounding non-Indian re- victims of disasters in Haiti and Chile. ness to individual Indians, but those gions, towns and industries, thereby al- Two weeks ago, this bill emerged in the who control Congress right now are lowing economies and jobs to continue Senate and looked completely dif- bending over backwards to protect a to grow. ferent. The Senate secretly rewrote the $100 million payout to a few lawyers. Water in the West is in short supply. bill behind closed doors to create an Let’s be clear: every dollar paid to at- After years of negotiating, the tribes over 270-page, $5.78 billion omnibus torneys is a dollar that comes out of have agreed in these settlements to an package of largely Indian settlement the pocket of individual Indians in this amount of water far less than what bills. And the House is now slated to settlement. Congress has an obligation they were originally requesting. The debate this package without a single to ensure that individual Indians, not tribes, States and local partners nego- House Member, Madam Speaker, not lawyers, receive the most money pos- tiated these water settlements, often one House Member, Republican or sible, but sadly, in this bill, that is not happening. in contentious proceedings, over many Democrat, having the opportunity to In regard to the four Indian water years. They are to be commended for offer an amendment to improve it. As I have stated several times on the rights settlements included in this bill, sticking with the process and working three of these have previously passed House floor as well as in the Natural together to find a mutually agreed the House. At that time, I expressed Resources Committee, I believe there upon solution. my sympathy with such settlements; Finally, H.R. 4783 would provide ini- is real merit in responsibly settling le- however, at a time of record deficit tial funding to the Reclamation Water gitimate legal claims, especially when spending and record Federal debt, it is Settlement Fund passed earlier this a settlement reduces the potential risk the duty of Congress to ask questions and costs posed to taxpayers by Congress. The settlement fund provides to ensure that these settlements are in lengthy, uncertain litigation. It is with financial support that will be used to the best interest of the taxpayers. this view that I would like to review develop water supplies for the reserva- Over the past year, Congressman TOM two pieces in this omnibus package, tion. Many Navajo people today con- MCCLINTOCK of California, the ranking tinue to haul water to meet their daily the Cobell vs. Salazar settlement and member of the Water and Power Sub- needs. It is time to provide this basic the settlements of Indian water rights committee, has sent written inquiries human right. claims with four tribes. to the Department of Justice asking a I am proud to say that we have been First, in the Cobell case, I agree that basic question, and that basic question able to resolve these longstanding liti- the lawsuit has gone on far too long is: ‘‘Do these settlement amounts rep- gation matters without adding to the and that it is important for individual resent a net benefit to taxpayers as Federal deficit. The entire bill, with an Indians to be treated fairly by the Fed- compared to the consequences and cost estimated cost of approximately $5.4 eral Government. Yet, since the pro- of litigation?’’ Very simple question. billion, is fully paid for. posed terms of the settlement were In closing, I think it is important to first publicly revealed the Congress has b 1400 note that the House has already passed been petitioned by several Indians and To date, the Justice Department has most of the various components of the respected Indian organizations express- regrettably not answered these ques- bill before us today in this Congress, ing real concern with the details of tions even though they did answer some even twice. This legislation has that settlement. It is very dis- similar questions with respect to the received the administration’s full sup- appointing that these very legitimate Cobell settlement. It is for this pri- port. concerns by directly affected Indians mary reason that I was compelled to

VerDate Mar 15 2010 02:20 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.025 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7687 oppose those settlements when they which are found in this bill and cause extension of these benefits. Instead, passed the House. me great concern as to whether or not this legislation diverts that money Now there are four such settlements, we’re setting up a process by which outside of the unemployment insurance and the pricetag for them is $1.23 bil- witch hunts and intimidations will system for unrelated spending. How lion. If Congress is going to spend this take place. that makes sense is beyond me. much money, it seems to me there’s a Now, I want the record to show that While we’re on the issue of diversion, duty first to show whether this is a fair these two processes are not found any- this bill uses customs user fees, which deal. Without answers from the Justice where else, but they are in this bill. are fees associated with the import Department, informed decisions cannot I’m very concerned about that because process and which typically are used be made, and it is not responsible, in I think they could open the door for when we are passing trade legislation my view, to support this bill. witch hunts to take place as to wheth- to benefit U.S. manufacturers, farmers, So for all of these reasons I must rec- er or not these farmers are in fact de- ranchers, and workers such as the mis- ommend to my colleagues that they serving and whether or not intimida- cellaneous trade bill, our preference oppose this bill until these reasonable tion may take place as to whether or programs for developing countries, and questions can be answered and the not we will shield activities on the part trade promotion agreements. clear deficiencies of the settlements of farmers who should be filing claims. The fact that this bill diverts the fees are answered. I don’t want anybody to be unjustly en- to offset a nontrade program limits our Madam Speaker, I yield the balance riched, but I hope that nobody will be ability to pass trade legislation that of my time to the gentleman from Cali- intimidated by the process. helps create American jobs and levels fornia (Mr. MCCLINTOCK) and I ask I used to run the South Carolina the playing field abroad for our U.S. unanimous consent that he may con- Commission for Farm Workers, and I farmers, manufacturers, and service trol that time as he sees fit. can tell you that from 1968, when I be- companies. The SPEAKER pro tempore. Is there came director of that agency, I saw the I’ve grown tired, frankly, Mr. Speak- objection to the request of the gen- discrimination taking place not just in er, of this Congress using the Ways and tleman from Washington? farm loans but in housing loans as Means Committee to support its spend- There was no objection. well. And the intimidation factor was ing sprees. When we spend money on a Mr. HASTINGS of Washington. With great among these rural families that new program, we should offset that that, I reserve the balance of my time. did not feel equipped to fight the proc- with spending cuts, not by using funds Mr. RAHALL. Madam Speaker, I am ess. already designated for a pro-growth, honored to yield 5 minutes to the dis- We have put these two procedures in pro-job purpose. tinguished majority whip, the gen- this bill. I want the record to show that With that, Mr. Speaker, I would yield tleman from South Carolina (Mr. CLY- we do not put them there for people to the balance of my time to the gen- BURN). be intimidated but only to provide a tleman from California (Mr. MCCLIN- Mr. CLYBURN. Madam Speaker, I process by which the Federal Govern- TOCK). thank my good friend for yielding me ment can find out whether or not peo- The SPEAKER pro tempore (Mr. this time. ple are deserving of the service and of CUELLAR). Without objection, the gen- Madam Speaker, I rise in strong sup- the resolution. tleman from California will control the port of H.R. 4783, the Claims Resolu- I would hope, Mr. Speaker, that as we time. tion Act of 2010. carry forth this settlement that we There was no objection. Mr. RAHALL. Mr. Speaker, I am hon- Madam Speaker, today is a great day will not once again visit upon these ored to yield 1 minute to our distin- for our Nation’s black farmers and Na- families the intimidation factor that guished majority leader, the gentleman tive Americans who were discriminated so many of them experienced for years from Maryland, Mr. STENY HOYER. against by their own government—our now. Now this case goes back to 1981. Mr. HOYER. I thank the gentleman government—for years. Thousands of But I can tell you that these cases go for yielding. families have waited for years to re- back for nearly a century and they I rise in strong support of this legis- ceive the settlements awarded to them ought not be intimidated at this point lation. This legislation is years late in in two class action lawsuits that have in the process. passing. The injustices that it address- gone unresolved because of political Mr. BRADY of Texas. Mr. Speaker, I es are long term in being. gamesmanship. yield myself such time as I may con- Today the House has an opportunity In this Congress alone, we have twice sume. to bring an end to two historic injus- passed legislation that would have re- I rise today with strong concerns tices. We can do so by approving the solved this issue. Today, the games about two provisions in this bill re- settlement in the Pigford and Cobell have come to an end. Today we will lated to the pay-fors. First, some of the class action lawsuits, helping to make mete out some modicum of justice. policies in this bill make sense such as amends to African American farmers After more than a decade, this bill fi- extending welfare programs or better and more than 300,000 Native Ameri- nally in some significant measure re- preventing incorrect unemployment in- cans. solves the Pigford v. Glickman case, a surance payments. But beyond this, in- lawsuit which was settled back in 1999. stead of using the UI and trade-related b 1410 That lawsuit was filed by African savings in this bill to reduce our Na- Few people in this Nation have been American farmers against the Depart- tion’s staggering deficit or pay for ex- treated as poorly by their Nation as ment of Agriculture for discriminating tending unemployment benefits or pro- have African Americans and Native against black farmers who applied for moting job-creating trade, Democrats Americans. This was a continuing in- access to loans and other assistance. want to use these savings for new, un- justice that should have been addressed The Department of Agriculture has related spending. Going on a spending decades ago and, indeed, of course, admitted that the discrimination took spree now will make the job of helping should not have happened. place and repeatedly urged this body to the unemployed, promoting job-cre- The Pigford settlement concerns a compensate those farmers who were ating trade, and balancing the budget decades-old pattern of racial discrimi- discriminated against. Nothing in the next year even harder. nation in Department of Agriculture Pigford settlement would prevent the For example, by better preventing loans to black farmers. For too long, government from prosecuting fraudu- and recovering unemployment benefit farmers were denied loans because of lent claims. And this bill, which is overpayments, this bill saves about $3 their race. Even black farmers who re- fully paid for, includes strict provisions billion over the next decade. But at a ceived loans were paid significantly designed to ensure that payments are time of record budget deficits when less than their white counterparts. In distributed to only deserving claim- many States and Federal unemploy- some cases, I am told that the amount ants. ment programs are bankrupt and deep- of the loan on paper did not reflect the Mr. Speaker, I want to address two ly in debt, that money will not be used proceeds that were received. In fact, issues—the issues of neutral adjudi- to strengthen unemployment insurance the proceeds were far below the face cator and performance audits, both of programs or even to pay for a needed amount of the loan.

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.027 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7688 CONGRESSIONAL RECORD — HOUSE November 30, 2010 The Cobell settlement concerns mis- Mr. LEVIN. This is a long injustice. know that Republicans are actively management of Federal trust funds in And the question has been raised: Why working to shred America’s safety net which billions of dollars, billions of use moneys within the jurisdiction of just when it’s needed most. dollars in fees and royalties on reserva- Ways and Means and Finance to sup- In closing, I will support this bill’s tion land were unaccounted for. port this bill? The answer is very clear. response to those who suffered in the This bill can ensure that the indi- There is no escape. There is a moral past. It is said that justice delayed is vidual account holders are properly compulsion to act on this legislation. justice denied, but it’s better to get it paid. Now, I just said that, but unfortu- And no one should hide behind issues of late than never. But I find it regret- nately there are some who we will jurisdiction. We have tried to do this table that this bill does so little to help never be able to properly pay because for years. The Finance Committee de- those who are suffering today. This is they died before this injustice was cided there was a way to finance it. about what went on a long time ago. It righted. This will prevent similar mis- This is a morally right thing to do pe- is not dealing with what’s happening management, hopefully, from reoccur- riod. today. ring and resolve other outstanding land The bill also extends the basic TANF I urge the support of this act. We will and water rights disputes that are program through September 30 of next be back on unemployment insurance deeply concerning to tribal govern- year. I greatly regret that the TANF and the other issues that need to be ments. provisions included in this bill do not dealt with in the near future. Above all, passing this bill means liv- include an extension of the TANF I reserve the balance of my time. ing up to our obligation to those who Emergency Fund. That fund has helped Mr. MCCLINTOCK. Mr. Speaker, I have deserved better from the Federal unemployed families find work and as- yield 3 minutes to the gentleman from Government. These settlements have sisted local economies in coping with Oklahoma (Mr. COLE). been reached in court, and now it is our the recession. Roughly 250,000 jobs were Mr. COLE. I thank the gentleman for job to ensure that the Federal Govern- created, most of them in the private yielding. ment lives up to its end of the bargain. sector. Unfortunately, Republican op- Mr. Speaker, America is a great and I am glad that this bill funds the position in the Senate has repeatedly a good country, but sometimes in its Pigford and Cobell settlements without blocked our efforts to extend this pro- past it’s made great and lamentable adding to the deficit, and I am also gram. mistakes. H.R. 4783 offers this Congress glad this bill can bring to a close an This is critical legislation. I urge its the opportunity to correct some of the unfortunate blemish on the record of support. worst mistakes that we made in the this government in dealing with its I yield the balance of the Ways and course of our long and distinguished people. It closes an unfortunate chap- Means’ time to Mr. MCDERMOTT. history. ter in our history. The SPEAKER pro tempore. Without I urge my colleagues, hopefully b 1420 objection, the gentleman from Wash- unanimously, to pass this piece of leg- ington will control the time. There are three parts to this legisla- islation. We did the wrong thing, but There was no objection. tion: a component to deal with African all of us acknowledge it is never too Mr. MCDERMOTT. I yield myself American farmers, and that ought to late to do the right thing. So that al- such time as I may consume. be passed; a component to deal with In- though this is late, this legislation is (Mr. MCDERMOTT asked and was dian water rights, and that certainly the right thing to do. Let us do it now. given permission to revise and extend needs to be passed. Finally, the largest Mr. MCCLINTOCK. Mr. Speaker, I his remarks.) portion of this bill deals with the so- yield 1 minute to the gentleman from Mr. MCDERMOTT. Mr. Speaker, I called Cobell lawsuit. Oklahoma (Mr. LUCAS), the ranking rise in support of the Claims Resolu- For those of my colleagues who are member of the Agriculture Committee. not familiar with that suit, it’s a 14- Mr. LUCAS. Mr. Speaker, I must rise tion Act to remedy past injustices year lawsuit. It involves almost half a in opposition to this bill. This bill in- against Native Americans and African cludes more than $1 billion to settle Americans. This bill will provide a res- million claimants. It deals with accu- the Pigford discrimination suit against olution to respond to past mismanage- mulated mistakes and misdeeds of the USDA, in addition to the billion dollars ment of tribal lands and to discrimina- American Government from 1887 to the we have already spent. While I want to tion against African American farmers present. We have twice in the course of see a resolution to the settlement, I by the Department of Agriculture. In this lawsuit had Federal officials held cannot, in good conscience, support the short, we are taking at least a partial in contempt of court in two different process through which we attempted to step to right old, old, old wrongs. administrations, one Republican and address these problems. This legislation also extends, one Democrat. And, frankly, the pre- The House passed H.R. 4783, a bill in- through fiscal year 2011, the basic Tem- vious administration thought we tended to encourage charitable con- porary Assistance for Needy Families. should settle this bill at between 8 and tributions, by voice vote in March. That’s the TANF program. This exten- $11 billion. What we have received back from the sion of the program is welcome, but it So, frankly, this settlement is a bar- Senate instead is a bill that will cost is not enough. This bill does not in- gain for the American taxpayers, and the taxpayers more than $5 billion. By clude the TANF Emergency Fund, we are going to hear a lot of arguments using this procedure, we are unable to which provided funds to our States to against this particular piece of legisla- offer a motion to recommit to change help needy families and to establish or tion. Some people will say it costs too the bill. Additionally, we are consid- expand employment programs for job- much. The reality is, number one, it’s ering this legislation under a closed less Americans. Roughly 250,000 jobs fully paid for. It passed the United rule, which prevents any Member from were created by the program, primarily States Senate by unanimous consent, offering an amendment. through private sector employers. The which means some of our colleagues We are rushing through consider- House passed the extension of these job over there who are famous for being ation of a massive spending bill. The programs on two separate occasions frugal signed off on it. Senate acted on this 269-page bill 10 earlier this year, but Republicans in Second, we ought to think about the days ago, and we are already bringing the Senate have repeatedly blocked the cost of not settling it. The United it to the floor. Let’s slow down and en- extension. States Government has spent almost a sure that we consider this massive bill Additionally, the bill before us fails billion dollars on this lawsuit in the in a thorough and deliberative process. to maintain full funding for the Child course of 14 years. If we do not pass Sadly, I must urge my colleagues to Support Enforcement Program, which this legislation, we will be in court vote ‘‘no.’’ means less support will be ultimately again. And if the plaintiffs prevail, the Mr. LEVIN. Mr. Speaker, I yield my- collected and sent to children. The fact costs could be well beyond what’s been self such time as I may consume. that these important supports are ex- negotiated by the administration. (Mr. LEVIN asked and was given per- piring should be a wake-up call to the We will hear arguments about proc- mission to revise and extend his re- American public. Watch the Repub- ess, and to my colleagues, I have got to marks.) licans control this House. They need to ask you, how much process do you

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.029 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7689 want when you have been waiting since Mr. KING of Iowa. I thank the gen- I don’t take issue with the totality of 1887 to deal with a bill? This suit has tleman from California for yielding. the statement that she made, Mr. been around 14 years. It’s been in this Mr. Speaker, I rise in opposition to Speaker, but it’s curious to me that Congress years and years. this bill. It is, I think, something that Shirley Sherrod got the notice that I have been to many hearings about even though it’s been vetted fairly she, and whoever her partners might this lawsuit and, frankly, we have seen well, on those that are paying atten- have been, were going to receive $13 it and we have passed it twice in this tion it hasn’t been vetted very well by million from Pigford Farms, 22nd of Congress already. So the idea that it this Congress. And, from my stand- July, 2009. The 25th of July, 2009, Sec- hasn’t been thoroughly vetted, I think, point, I am one of the people that’s ac- retary of Agriculture Vilsack hired her is not true. tually read the consent decree from to be the head of USDA Rural Develop- Finally, we are going to hear about Pigford I. I brought a copy of it to the ment in the State of Georgia. legal fees. I have got to tell you if you floor. It starts out with these words, What does this mean, Mr. Speaker? can get lawyers for 3 cents on the dol- ‘‘40 acres and a mule.’’ Well, I don’t know the answer to that lar, take the deal. That is the best Now, we know what that started out yet, but I know this. The tremendous legal deal I have ever seen in front of to be in the aftermath of the Civil War, amount of data, 94,000 claims, 18,000 the Congress of the United States, far a promise from the Federal Govern- black farmers, 41⁄2 claimants for every below what you would normally expect ment that there would be 40 acres for black farmer, it’s got to be fraud. I contingency fees to be. African Americans, newly freed slaves, The administration, frankly, has urge a ‘‘no’’ vote. provided by the Federal Government, done a good job in negotiating this set- Mr. RAHALL. Mr. Speaker, I yield 3 by either federally owned land or tlement, bringing it to us. We need to minutes to the gentlewoman from Cali- southern land that had been con- do a good job as well and pass it enthu- fornia (Mrs. NAPOLITANO), a sub- fiscated by the Union, and there would siastically and recognize that we are committee chair and member of the getting a good deal for the American be a rented mule to go along with that, Committee on Natural Resources who taxpayer. But much more importantly, or a loaned mule. has been intimately and powerfully in- That has been the promise of slavery we are correcting historic wrongs that volved with these issues over a number reparations. Of course, it didn’t come should never have occurred in the first of years. place. to pass. In a few cases it did, but not Mrs. NAPOLITANO. Thank you, Mr. Mr. MCDERMOTT. Mr. Speaker, I many. But in truth we have here the Chairman. yield the balance of my time to the modern-day version of reparations that Mr. Speaker, I am very happy to rise gentleman from West Virginia (Mr. RA- are going on. Pigford I allowed for in strong support and approval of H.R. HALL). those who had a legitimate claim of 4783. The SPEAKER pro tempore. Without discrimination to file that claim. Many Title III through VI settle the water objection, the gentleman from West who didn’t have legitimate claims also rights claims for seven tribes and pueb- Virginia will control the time. filed claims. los in the States of Arizona, New Mex- There was no objection. What I am seeing, information that ico and Montana. In the case of the five Mr. RAHALL. Mr. Speaker, may I in- comes to me, boxes, stacks of data, and New Mexico pueblos, this legislation quire as to how much time remains on people have been deployed to admin- would end a combined total of 84 years both sides? ister the first $1.05 billion, and they of protracted, divisive and expensive The SPEAKER pro tempore. The gen- say to me they are sick to their stom- litigation. tleman from West Virginia has 16 min- ach, they are heartsick because of all This litigation is fully paid for, as utes remaining, and the gentleman the fraud that they see. And the level, has been stated repeatedly. Most of 1 from California has 17 ⁄2 minutes re- 75 percent, it’s a low number. I am these settlements involve either the re- maining. hearing numbers into the high nine- habilitation of facilities or the design Mr. RAHALL. Mr. Speaker, I yield 1 ties, and still we don’t see the data. We and construction of much-needed minute to the distinguished gentleman don’t see the applications. We don’t see drinking water systems. Having an off- from Michigan (Mr. KILDEE). how it matches up with Judge Fried- Mr. KILDEE. I thank the gentleman set for the entire cost of this litigation man’s opinion here, this decision on allows for project construction to start for yielding. the first consent decree, where he says Mr. Speaker, today I rise in strong earlier and to stay on schedule, save that it’s not $50,000, it’s $187,500. money, ultimately saving taxpayers support of H.R. 4783, the Claims Reso- Mr. Speaker, this has become a mod- lution Act of 2010. I want to thank millions of dollars in construction ern-day reparations component, and Chairman NICK RAHALL and Congress- costs that are subject to inflation in- it’s wrong. The $50,000 was essentially man TOM COLE, my fellow cochair of creases. In the case of White Mountain automatic to whoever applied. They the Native American Caucus, for their Apache and the Miner Flat Project, it didn’t have to approve discrimination, hard work on this legislation. is estimated that these savings are as In the past, the U.S. Government they just needed a friend that would much as $7 million annually. mismanaged over 300,000 individual In- sign an affidavit that said that they The scarcity of water in the West and dian trust accounts, causing unneeded knew at one time that they were or a long-running effort to meet the needs hardship and strain. H.R. 4783 will go a wanted to be a farmer and that they of the tribal communities has required long way towards righting this terrible may or may not have spoken to anyone compromise and development of trust wrong. at the USDA, but that they had com- in the process. The tribes have nego- This legislation authorizes and ap- plained either verbally or in writing tiated in good faith and ultimately proves the settlement, the 14-year long with someone who was either an em- have settled for water rights that is far Cobell v. Salazar litigation. The settle- ployee of the USDA or perhaps they less than what their initial claims as- ment agreement provides for the dis- were a Member of Congress or a couple serted in their litigation against the tribution of $1.5 billion directly to indi- of other categories. United States. This issue needs to be examined far vidual Indians and for the creation of a b 1430 $1.9 billion fund to purchase highly more thoroughly. The Shirley Sherrod fractionated interests in trust lands. It case comes into this. Now it’s curious When this Nation established res- also sets up $60 million for educational that Shirley Sherrod is the number one ervations, we did so with a commit- scholarships for Indian children. recipient in the largest civil rights ment to supply the tribes with water. This win/win agreement was already class action case in the history of The beauty of these four settlements is passed by the Senate. I urge my col- America, Pigford Farms. Shirley that the tribal, Federal, State, and leagues to vote ‘‘yes’’ on H.R. 4783 to Sherrod is the individual who became local stakeholders all see the benefit as turn the page on this sad chapter of so well-known in the media a few not just for the tribal members but for Federal Native American relations. months ago when the Secretary of Ag- the communities and regions as a Mr. MCCLINTOCK. Mr. Speaker, I riculture summarily fired her for a lit- whole. All four settlements have re- yield 3 minutes to the gentleman from tle clip of a speech that she gave before ceived bipartisan support and have Iowa (Mr. KING). the NAACP. been considered and debated by the

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.032 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7690 CONGRESSIONAL RECORD — HOUSE November 30, 2010 House, whether through a sub- every black farmer who applied who legislation, especially in regard to the committee hearing or House passage. qualified was turned down for a loan, paid-for section. Title VII of this legislation provides and then finally we would have to pre- I yield 6 minutes to the distinguished initial funding to the Reclamation sume that every black farmer in the chairman of that committee, the gen- Water Settlement Fund, established in United States was also discriminated tleman from Michigan, Mr. JOHN CON- Public Law 111–11 dated 3/30/09. The ini- against, and that’s why they were YERS, and I ask unanimous consent tial funding will go toward design, turned down. that he control that time. planning, and construction of the Nav- So it wouldn’t just be one office of The SPEAKER pro tempore. Is there ajo-Gallup Water Supply Project. This the USDA. This would be rampant dis- objection to the request of the gen- project will bring water to the Navajo crimination all over the country. tleman from West Virginia? Nation and their non-Indian neighbors. What’s unbelievable is that in the face There was no objection. It is time that we in the United States of this alleged gross discrimination by Mr. CONYERS. I want to let the gen- and this Congress provide the infra- which the taxpayers of this country tlelady from Minnesota know that I structure for these people so they don’t have already paid out $1 billion in pay- would like to work with her on getting have to wait for a water truck to navi- ments, not one USDA employee in the these numbers straightened out be- gate the unmaintained roads to deliver country has been fired for discrimina- cause there were some erroneous con- water to the residences. Water is a tion. Not one employee has even been ceptions involved here. basic human right and should be pro- suspended or reprimanded or fined. I would like to begin by recognizing vided to all of our citizens. It is time How could this be? the chairman of the Subcommittee on the U.S. Congress stepped up to our And now in the Pigford II settlement, Crime in the Judiciary Committee for commitment. None of us would want to which isn’t even a lawsuit, which is 11⁄2 minutes, my dear friend, BOBBY have this situation in our districts. something that Attorney General Eric SCOTT. I would like to commend all of the Holder and the Ag Secretary Tom Mr. SCOTT of Virginia. Mr. Speaker, parties involved in the negotiation of Vilsack came together and just came I rise in support of H.R. 4783, with par- these settlements, from the tribes and up with an idea that they would have a ticular reference to the Pigford late the pueblos, their nontribal neighbors, second settlement because apparently filer claims provision, regarding claims and the local and State entities that there were even more claimants that of widespread, rampant racial discrimi- have spent countless hours in bringing wanted to receive money, now we have nation by the Department of Agri- water certainty to their communities. a universe that will be paid out in this culture against black farmers. We would also like to commend the ad- settlement today of 94,000 claimants. Mr. Speaker, we have heard about ministration in their rededication to How in the world, Mr. Speaker, can the 18,000 farms, the 18,000, many more the Indian water settlement negotia- you have 94,000 claimants in addition than 18,000 farmers, former farmers, tion process, and our respective staffs. to the previous 14,500 claimants if there many of them lost their farms and oth- It is to the administration’s credit that were originally only 18,000 black farm- ers tried, and they were too subjected we have in front of us four settlements ers in the country? This is a simple to racial discrimination. But in 1999 that we can fully support. math problem. That’s why we’re saying the court ruled that black farmers who It is time that we give the settle- before one more dime goes out of the farmed between 1981 and 1996 and who ments their full support and provide U.S. Treasury for a claim, we have to had filed a complaint against the de- water certainty, and more impor- investigate before the checks go out to partment by July 1, 1997, were eligible tantly, a water future for our tribes claimants, not after. We aren’t even to seek monetary compensation from and their neighbors. talking about subsequent investiga- the government if they could prove Mr. MCCLINTOCK. Mr. Speaker, I tions. their case. Unfortunately, tens of thou- yield 3 minutes to the gentlewoman This is an outrage and one vote that sands of black farmers complained that from Minnesota (Mrs. BACHMANN). no Member of this Congress should they were not made aware of the July Mrs. BACHMANN. Mr. Speaker, I vote for. This will be an albatross 1997 cutoff date. thank my distinguished colleague from around the neck of any Member of Con- To provide relief to those farmers California for yielding. gress that votes to fund this obviously left out of the original action, Congress To me, one of the most obvious prob- fraudulent claim. authorized a cause of action for those lems with this bill that we are being I urge my colleagues to consider what the late filers who were denied a deter- called upon to verify today and to vote Claims Settlement Act truly represents before mination on the merits of their dis- for is simply a numbers problem. If we voting on the bill. This legislation includes over crimination claims, and those claims are looking at this Pigford claim a billion dollars to settle the Pigford discrimina- have now been settled, conditioned whereby we have black farmers who tion claims of black farmers alleged against upon congressional appropriation of are stating that they are discriminated the United States Department of Agriculture. $1.15 billion. against, we had approximately 14,500 Unfortunately, Pigford is rife with fraudulent This bill provides the funding for the claims that were paid out in the first claims and to settle before an investigation resolution of the longstanding claims Pigford I class action lawsuit. But now can take place does the American taxpayer a for those who can prove it. This settle- what’s very interesting is that the disservice. ment is long overdue, and I hope my black farmers themselves are saying Why has Eric Holder not investigated these colleagues will approve this matter, as we are looking at a potential universe allegations of fraud? Why has no one at the we have twice before, to bring this of about 18,000 black farmers. The pe- USDA been fired over this? longstanding matter to a close. riod in question when the United As a consistent fighter against out-of-control Mr. Speaker, finally, I would like to States Department of Agriculture is al- government spending, I cannot stand idly by thank my fellow Virginian, John Boyd, leged to have discriminated against as I see the United States taxpayer put on the the president of the National Black black farmers is between 1981 and 1997. hook for even a dime to Pigford. It’s time for Farmers Association for his hard work Between that 16-year period, according Congress to fully investigate the Pigford over many years on behalf of black to the numbers that people agree on, claims because the numbers just don’t add up. farmers. there is a universe of about 18,000 black By the National Black Farmers Association’s 1440 farmers. Well, in the Pigford I settle- own data, only 18,000 black farmers exist in b ment, 14,500 black farmers received the United States, but under Pigford II 94,000 Mr. CONYERS. Mr. Speaker, I yield claims. What this means then is we claims of racial discrimination have been filed myself such time as I may consume. would have to presume that nearly thus far. I am a little dismayed that we come every black farmer in the United Justice should be served to those who ex- back after this recess and after a strug- States applied for a loan from the perienced discrimination, but settlement funds gle that has gone on for generations, USDA. Then we would have to presume should only go to those wronged. and we come here, and of all my col- that every black farmer qualified for Mr. RAHALL. Mr. Speaker, our Com- leagues on the other side of the aisle, I receiving that loan from the USDA. mittee on the Judiciary has been very am stunned that only one person rises Then we would have to presume that instrumental in the drafting of this in support of a claim that is so gross,

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.035 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7691 so discriminatory, and I was glad that ion assessing the validity of the claims I reserve the balance of my time. the gentlelady raised the question of or the extent of the taxpayers’ liabil- Mr. RAHALL. Mr. Speaker, I yield why nobody was ever fired or punished ity; it was a general statement of their for a UC only to the gentleman from Il- or discharged. That is how deep and preference for settling claims rather linois (Mr. DAVIS). pervasive this problem has been over than litigating them, and it is under- (Mr. DAVIS of Illinois asked and was the centuries in this country. That is mined by very many specific objections given permission to revise and extend why nobody was punished. That is why raised by the administration over the his remarks.) it makes it all the more important course of the last 2 years. Mr. DAVIS of Illinois. Mr. Speaker, I that we, if we can, get as bipartisan a For example, with respect to the rise in strong support of H.R. 4783, the vote from everybody in this House on White Mountain Apache settlement, Claims Resolution Act of 2010. this matter. the Department of the Interior wrote Mr. RAHALL. Mr. Speaker, I yield 1 Chairman BOBBY SCOTT mentioned on November 15 of this year: ‘‘This au- minute to the gentleman from New John Boyd of the National Black thorizes Federal appropriations for nu- Mexico (Mr. HEINRICH). Farmers Association. He is sitting up merous tribal projects that are extra- Mr. HEINRICH. Mr. Speaker, I rise in in the gallery right now. I want you to neous to the settlement.’’ They urged, strong support of the Claims Resolu- know that he came to me in the spring ‘‘These projects should be considered tion Act, a bill that is the result of of 1983. That was 27 years ago, and we on their own merits in separate author- many long years of negotiations. This have been working on this matter ever izing legislation.’’ bill will ratify settlements in two sig- since. All across the South—we even Last year, it warned that funding nificant New Mexico water rights had problems, we found out, in the would ‘‘be excessive,’’ would be exces- cases. The Aamodt and Taos Pueblo In- North. It wasn’t just the South, but the sive, if it were viewed as settlement dian water rights cases have been in South was obviously the most perva- consideration. They also warned, a Federal court for many decades. These sive. year ago, of language that is still in cases sought to bring justice to Native So we are talking about something the bill which waives the sovereign im- Pueblos who, like any other Western that was written up by Wil Haygood a munity of the United States for future community, depend on water as their number of years ago in The Wash- litigation. They warned: ‘‘This provi- lifeblood. ington Post, on October 3, 2004, in an sion will engender additional litigation After many decades, the Claims Res- article entitled, ‘‘The Promised Land. and, likely, in competing State and olution Act will bring much-needed Bigotry and bankruptcy haven’t driven Federal forums rather than resolving certainty to the Pueblos of northern Ricky Haynie from the fields his ances- the water rights disputes.’’ New Mexico by restoring their right to tors worked as slaves.’’ Engender additional litigation, ex- clean, reliable water. Cooperation and Now, as much as I appreciate the traneous to the settlement, excessive if collaboration are far too rare when it Secretary of Agriculture for his work viewed as settlement consideration— comes to managing water resources in in this, and as much as I appreciate these are the administration’s own the West. those who are going to support this words. In fact, the administration ex- The Aamodt and Taos Pueblo Indian measure, I am sorry to say that this pressed so many reservations about as- water bills are an example of how we matter of fairness to farmers of color, pects of these settlements that we can can manage this precious resource Hispanics, and women is not yet re- only conclude that they are not settle- without pitting towns against farms solved. And they are black farmers ments negotiated by the Attorney Gen- and farms against tribes. The legisla- who, because they were late filers—and eral and presented to the Congress, tion has bipartisan support and was how can you be somewhere out in God but, rather, they are a grab bag written passed by the Senate by unanimous knows where, and you are supposed to by the Congress itself and now rubber- consent. I commend President Obama know when the filing date for things stamped by the administration on po- and Secretary Salazar for upholding are. There are over 12,000 African litical and not legal grounds. our Nation’s responsibilities to Native American farmers that have been ex- We were initially told that the Attor- Americans, and we should finish that cluded from the Pigford settlement ney General never comments on the va- work today by ratifying these settle- merely because they didn’t do it on lidity of claims, but we found this to be ments. time. Do you think they have got a false. For example, in the Cobell case b 1450 in 1994 when the Attorney General’s of- lawyer out there? Of course they don’t. Mr. MCCLINTOCK. I reserve the bal- The claims of Latino farmers, late fice believed that we needed to settle ance of my time. filers, and women farmers are still not out of court, they said so. They said: Mr. RAHALL. Mr. Speaker, I yield resolved even when we finally pass this ‘‘We are not well-postured for a victory for a unanimous consent only to the measure. on this claim.’’ They warned: ‘‘The out- gentleman from Pennsylvania (Mr. I yield back the balance of my time. come could easily be a significant cost FATTAH). ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE to the taxpayers and the public,’’ and (Mr. FATTAH asked and was given The SPEAKER pro tempore. The that is not what they are saying now permission to revise and extend his re- Chair will remind Members not to draw with respect to these four settlement marks.) attention to visitors in the gallery. claims. Mr. FATTAH. Mr. Speaker, I rise in Mr. MCCLINTOCK. Mr. Speaker, I Mr. Speaker, we have many more In- support of this settlement and towards yield myself 4 minutes. dian water settlements pending for a more perfect union. Mr. Speaker, titles III through VI of vast quantities of water and substan- Mr. RAHALL. Mr. Speaker, I yield 1 the bill purport to settle four water tial sums of money. We need to get our minute to the gentleman from Wash- rights claims against the United States act together on this. I believe Congress ington (Mr. INSLEE). by signing away the public’s right to needs to demand that the administra- (Mr. INSLEE asked and was given nearly 300 billion gallons of water tion be candid and forthcoming on all permission to revise and extend his re- every year in perpetuity in addition to claims for settlement; and that Con- marks.) spending more than a billion dollars. gress insist that before it begins delib- Mr. INSLEE. Mr. Speaker, George Now, the proponents of the bill are erating on a settlement, that the At- Washington said something which I correct that if the taxpayers are going torney General has conducted and com- thought was appropriate to the Cobell to end up paying more if these claims pleted the negotiations, determined all settlement. He said, ‘‘The administra- go to trial, then we should settle them of the details, certified that the settle- tion of justice is the firmest pillar of out of court, but that is simply not the ment is within the legal liability of the government.’’ Today, that is what we case. For the better part of a year, I government, and only then submits are administering—some justice for the asked for a legal opinion from the At- that settlement for consideration by 50,000 individual Native Americans and torney General on this question to no Congress. Anything less is breaching more than 100 tribes across this coun- avail until a day before the issue was the fiduciary responsibility that we try. first brought to the House floor. And hold to all of the people of the United We have known, in no uncertain what we received was not a legal opin- States. terms, that there has been an injustice

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.037 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7692 CONGRESSIONAL RECORD — HOUSE November 30, 2010 to thousands of these Americans for (Ms. JACKSON LEE of Texas asked The gentleman from West Virginia decades, and we have struggled might- and was given permission to revise and has the right to close. ily to find the right resolution of that, extend her remarks.) Mr. MCCLINTOCK. Mr. Speaker, and we have found a settlement that, Ms. JACKSON LEE of Texas. Mr. there is no doubt that Americans of Af- in fact, achieves that. The point I want Speaker, I rise enthusiastically to sup- rican descent and Native Americans to make about this is we know how im- port the Pigford-Cobell settlement, and have suffered grave injustices over the portant this has been to Native Ameri- ask that we continue to seek justice years at the hands of this government, cans. We know of their attachment to for those who have been denied it. and they deserve justice—no more and the land and of the abuses they have Mr. RAHALL. Mr. Speaker, I yield 1 no less; but if we are excessive in our suffered at the hands of their govern- minute to the gentleman from Georgia zeal to do justice to one group, we end ment. (Mr. BARROW). up necessarily doing injustice to oth- Conservatives should like the fact Mr. BARROW. I thank the chairman ers. That is the concern that is raised that we are forcing a government that for yielding and for his leadership on in this bill. acted inappropriately to pay for the this issue. Legal settlements—and that is what damage it did to their citizens as this Mr. Speaker, this country has a this bill purports to be—should be set- is not just justice for Native Ameri- proud heritage of African American tled on legal grounds, but there is seri- farmers who have contributed more cans. A justice for any is a justice for ous question, including serious ques- than their fair share to our national all, and justice for Native Americans tion, obviously, within the administra- economy, but our government has not today is justice for all Americans. We tion in using their own words, as to given them its fair share of support. It all ought to feel proud that we are tak- whether these settlements are in the is shameful that many of those farmers ing a step forward to make this a more interest of justice or in the interest of have faced discrimination by their own just Nation. all the people of our land. government. I applaud this effort to fi- Mr. RAHALL. Mr. Speaker, I yield 1 In one hour of debate, the proponents nally right some of those wrongs, and I minute to a valued member of our have not cited one argument—not one encourage my colleagues to support Committee on Natural Resources, the word—on the legal issues of a bill that this bill. gentleman from California (Mr. BACA). However, I feel compelled to make purports to settle legal issues, and that Mr. BACA. Mr. Speaker, I rise today the point that, while this is progress, it ought to tell us a very great deal right to voice my strong support for H.R. won’t be providing relief for everyone there. That is the problem with this 4783. bill, and that is why action should be I want to thank the congressional who needs it. I have a constituent who is an original plaintiff in the Pigford deferred on this bill until the Attorney leadership, Mr. RAHALL and the White General actually conducts good faith House for their commitment to ensure suit, and because of bad lawyering and bad judging, he has never had so much negotiations on behalf of the people of justice for those individuals and com- the United States. munities we have wronged in the past. as a hearing on his discrimination case. This settlement will likely do him no I yield back the balance of my time. The treatment of minority farmers by Mr. RAHALL. Mr. Speaker, to con- the USDA remains a dark stain on our good. I hate to think about how many clude debate on the majority’s side, I Nation’s history. other folks might still be left out of yield all of the remaining time to the When I first came to Congress, I their rights in this instance. I hope gentlelady from California, Ms. MAXINE worked extensively on the Agriculture that the passage of this bill will be the WATERS. Committee with our former colleague first step toward righting some of (Ms. WATERS asked and was given Eva Clayton to bring justice to African those wrongs as well. permission to revise and extend her re- American, Hispanic, Native American, Mr. RAHALL. May I have a time marks.) and female farmers. We hosted several check, please, Mr. Speaker? Ms. WATERS. Mr. Speaker and Mem- meetings; wrote letters; and chaired The SPEAKER pro tempore. The gen- bers, I rise in support of H.R. 4783. numerous subcommittee hearings on tleman has 2 minutes remaining. Today, we have the opportunity to this very issue to address past dis- Mr. RAHALL. I yield 1 minute to the right the wrongs perpetrated on both crimination. gentlelady from Arizona (Mrs. KIRK- black farmers and Native Americans in Today, I am pleased to say that we PATRICK), a member of our Committee this country. The history of shameful are taking an important step forward on Natural Resources. and, yes, rampant discrimination in righting those past wrongs of injus- Mrs. KIRKPATRICK of Arizona. Mr. against black farmers and the shameful tice by this country. H.R. 4783 provides Speaker, I rise in support of the Claims mismanagement of Native Americans’ the additional funding required to set- Resolution Act. This legislation will oil, gas and water rights are being ad- tle the Pigford lawsuit brought by the have an enormous impact on Indian dressed here today. We vote today to African American farmers. It also in- Country, and it will also help meet our settle the Pigford II Black Farmers cludes funds to settle the Cobell case trust obligations to tribal nations. case against the USDA and the Cobell and to finally provide justice to Native Included in this legislation is the case on mishandled Native American American communities whose trust ac- White Mountain Apache settlement oil and gas claims against Interior and counts were mishandled by the govern- that resolves the water rights of the several tribal water rights claims. ment. tribe and communities in the White The Black Farmers case against the Thousands of people have been af- Mountains of Arizona. Growing up in USDA goes back decades. I was a mem- fected who still bear the wounds of past that area, I remember having to boil ber of the Judiciary Committee and the discrimination. They have waited too water before using it. That is simply chair of the Congressional Black Cau- long. This legislation also includes im- not acceptable in the 21st century. This cus from 1996 to 1998 when we worked portant measures to settle the water legislation is critical, and I was proud with the Clinton administration, and rights claims to many tribes, including to have it be the first bill I introduced. we were able to waive the statute of the White Mountain Apache, the Crow I want to thank tribal Chairman limitations so we could get Pigford I up Montana, the Navajo Nation, the Taos Lupe, Senator KYL, Chairman RAHALL, before us. Yet thousands of black farm- Pueblo, and other southwestern Pueblo and the other stakeholders involved in ers lost their farms; many are dead, tribes. this process. It was a collaboration of and many of them did not get their pa- We still have a long road ahead be- many partners and many years. I am perwork filed. fore we bring justice to all groups dis- proud to see it passed into law today. criminated against by the USDA, in- I urge my colleagues to pass the b 1500 cluding Hispanic farmers and female Claims Resolution Act. This bill provides $1.15 billion to set- farmers, but we are moving in the right The SPEAKER pro tempore. The gen- tle the Black Farmers case and $3.4 bil- direction. tleman from West Virginia has 1 lion to settle the Cobell claims. Mr. RAHALL. Mr. Speaker, I yield minute remaining. The gentleman Mr. Speaker and Members, institu- for a UC only to the gentlelady from from California has 8 minutes remain- tional racism and discrimination must Texas, Ms. SHEILA JACKSON LEE. ing. be aggressively fought and eliminated.

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.040 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7693 I am so proud of John Boyd and all of ury, acting on behalf of the federal govern- potential fraud and abuse. Interestingly, out of the Members of this Congress who have ment, had breached their fiduciary duties the three groups included in H.R. 4783—His- worked so hard, Mr. RAHALL and the owed to American Indians. Over the next 13 panic, Native American, and Black, only the rest of them, to do what needs to be years, the federal government has struggled to Black farmers are saddled with fraud allega- done. I am pleased and honored to bring resolution to this litigation. tions and specific statutory language aimed at serve as a Member of Congress where It was not until December 7, 2009 when a stemming fraud. we are dealing with justice and fairness settlement was reached. The settlement I, too, am concerned with fraud! And I be- and equality today. agreement originally called for Congress to lieve the bill adequately addresses this issue, Mr. MORAN of Virginia. Mr. Speaker, I sup- authorize it legislatively by December 31, as does the Department of Agriculture and I port the Individual Indian Money Account Liti- 2009. The deadline, however, has been ex- am confident this issue will be taken care of. gation Settlement. The settlement of this litiga- tended eight times to February 28, 2010, April We cannot let a few bad apples spoil the tion represents a turning point for the Federal 16, May 25, June 15, July 9, August 6, Octo- bunch. There are many hard-working, honest Government’s trust relationship. There are ber 15, and currently to January 7, 2011. It is individuals and families who have suffered at three reasons I support this settlement. time to bring resolution to this issue. the hand of discrimination, and we should all First, it provides monetary compensation to For far too long, the government has ig- aim to see justice done so that those who more than 300,000 individual Indians for their nored its responsibilities and constitutional du- have suffered from bias and bigotry can now historical trust accounting claims and their po- ties with respect to American Indians. The pro- move on with their lives. tential claims that prior U.S. Government offi- posed legislation, H.R. 4783, will administer Mr. Speaker, as children, we are taught the cials mismanaged their trust assets. justice to those American Indians that have Pledge of Allegiance and we are ingrained Second, this settlement seeks to address suffered as a result of mismanagement and of from an early age that these United States the growing problem of ‘‘fractionated’’ land in- neglect of our government trustee responsibil- provide liberty and justice for all. Therefore, I terests. This settlement allows individual Indi- ities. I urge my colleagues to support H.R. ask my colleagues to keep that pledge and ans owning shares of fractionated land to vol- 4783 and authorize the Class Action Settle- pass this legislation. Our great nation was untarily sell their land back to the federal gov- ment Agreement. founded on the principle that all men are cre- ernment, in exchange for a cash payment. In Mr. VAN HOLLEN. Mr. Speaker, I rise in ated equal and it is time to see this gross in- turn tribal communities will have the oppor- support of this legislation that will make justice put to rest. tunity to consolidate these fractionated inter- amends to thousands of African American Ms. RICHARDSON. Mr. Speaker, I rise ests and use the land for homes, schools, and famers and Native Americans, and bring a today in support of H.R. 4783, which author- izes and approves the settlement in the Cobell economic development. long-delayed close to the serious cases of dis- Third, this settlement addresses the future crimination and mismanagement committed by v. Salazar case. This important legislation fi- by establishing and providing education schol- the Federal government. nally authorizes funding for the settlement that arships for Native Americans. Studies have The Claims Resolution Act provides funding was reached over 14 years ago. H.R. 4783 to implement the settlements of both the shown that Native Americans represent less also settles the Pigford lawsuit which is a dec- Pigford and Cobell class action lawsuits in a ades old discrimination lawsuit brought by Afri- than one percent of all students enrolled in budget neutral manner. The Pigford case in- can American farmers against the USDA. colleges. The Indian Education Scholarship volved past discrimination committed against As a member of the Native American Cau- Holding Fund can help improve these statistics black farmers by the Department of Agriculture cus, I have worked with my colleagues in Con- by providing much needed financial assistance while in the Cobell case, the Department of gress to address the needs of Native Ameri- to Native American students to defray the the Interior mismanaged Native American trust cans. This legislation before us today is not a costs at post-secondary vocational schools funds. With this legislation, it is time to provide handout, but it repays the Native Americans and other institutions of higher learning. long overdue justice and uphold the Federal who had their trust assets mismanaged by the Mr. FALEOMAVAEGA. Mr. Speaker, I rise government’s responsibility of the settlements. Federal Government. Over 300,000 Native today in strong support of the Claims Resolu- Mr. Speaker, we are one step closer to pro- Americans will benefit from this legislation. tion Act of 2010, to authorize, ratify and con- viding African American farmers and Native Mr. Speaker, this bill also establishes a $60 firm the settlement reached as a result of the Americans compensation for the past failures million educational scholarship fund for Native Indian Trust Fund litigation, or the Cobell v. of the Federal government. I urge my col- American children. The passage of this legis- Salazar case. leagues to do the right thing and support this lation will allow more Native Americans to at- First I want to thank the Chairman NICK RA- legislation so that it can be sent to the Presi- tend colleges and universities. This bill is rev- HALL, members of the Natural Resources dent’s desk for his signature. enue neutral and is even projected to reduce Committee, and all my colleagues for their Mr. BISHOP of Georgia. Mr. Speaker, I rise the budget deficit by approximately $1 million support on this bill. today in support of H.R. 4783, The Claims over 10 years. Under the Class Action Settlement Agree- Resolution Act of 2010. It is time to end this California is home to over 100 federally rec- ment that was signed on December 7, 2009, decades-long dispute and long process of ognized tribes. This legislation will ensure that the government agrees to pay $1.4 billion to overdue justice. these Native American beneficiaries receive establish the ‘‘Accounting/Trust Administration The Senate overcame a major hurdle on the compensation that is long overdue. Fund’’ for members of the class who sought to November 19, and their actions should en- The Claims Resolution Act also provides have a historical accounting of their Individual courage us to build on their momentum, pass $1.15 billion to settle the claims of African Indian Monies (IIM) accounts. In addition, the this legislation, and send it to President American farmers against the USDA. This will Federal Government has agreed to pay $2 bil- Obama in the interest of doing what is right. compensate families that were unfairly denied lion to establish the ‘‘Trust Land Consolidation As Dr. Martin Luther King, Jr. said, ‘‘The time access to USDA loans and other financial as- Fund’’ for the purpose of consolidating the is always right to do what is right.’’ sistance solely based upon their skin color. fractionated trust and restricted lands. I am pleased to see that this legislation has While the passage of this legislation will not Since 1831, when the Supreme Court first strong support from both sides of the aisle, erase this sad chapter in our history, it will as- formulated the concept of the federal govern- and I know that fiscally conservative Members sist our African American farmers who were ment as trustee for Indian tribes, the relation- like me are especially pleased that this legisla- unfairly discriminated against. ship between the American Indians and the tion is fully paid for. Mr. Speaker, I have a constituent named United States government has been likened to This has not been a process of swift justice, Alice Robinson who will benefit from this legis- that of a ‘‘ward to its guardian.’’ In its capacity but the Senate’s recent accomplishment is lation. Her family was one of the many African as trustee, the United States government good news for the victims of prejudice and dis- American farmers that faced discrimination in holds titles to much of Indian tribal land and crimination. I am particularly pleased for the accessing loans from the USDA. They strug- land allotted to individual Indians. Subse- thousands of black farmers, as well as Native gled to maintain their farm without any assist- quently, responsibilities to manage Indian Americans and Hispanics, who will now finally ance from the USDA. No farmer should face monies and assets derived from these lands receive a measure of justice. discrimination based on the color of their skin. and held in trust lie with the U.S. government. Discrimination in any form cannot be toler- Alice Robinson and other farmers across the Allegations of breach of trusteeship and fi- ated, and today my colleagues and I are pre- country deserve the assistance that this legis- duciary responsibilities led to the Cobell v. sented with the opportunity to close the final lation will provide that was previously denied Salazar that was first filed in 1996. A group of chapter in this saga of flagrant prejudice. to them. IIM account holders filed a class action alleg- Now there are a number of Members who The House has twice passed legislation this ing that the Secretaries of Interior and Treas- have expressed their concern with respect to year authorizing payment of the Cobell v.

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 9920 E:\CR\FM\K30NO7.042 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7694 CONGRESSIONAL RECORD — HOUSE November 30, 2010 Salazar lawsuit and the Pigford settlement. I en agriculture in our Nation. As a senior mem- actions that directly affected their ability to am pleased that the Senate has passed this ber of the House Judiciary Committee, I have sustain themselves. important piece of legislation and I urge my been actively involved in the fight to ensure In July of this year, Shirley Sherrod’s forced colleagues to join me in supporting H.R. 4783. that black farmers and Native Americans re- resignation from the Department of Agriculture While we can’t undo the damage that the Fed- ceived justice for the discrimination they en- was reminiscent of the racist trend many black eral Government inflicted on black farmers countered. For nearly a decade, I have farmers faced when dealing with the govern- and Native Americans, today we will help worked alongside my colleagues in the Con- ment. The media whirlwind surrounding the compensate them for their losses and ensure gressional Black Caucus, other Members of treatment of Sherrod raised allegations of rac- that this never happens again. Congress, and civil rights advocacy groups to ism by the hands of the government. Images Ms. EDDIE BERNICE JOHNSON of Texas. uphold the standards of equality and fairness, of black farmers being denied loans for their Mr. Speaker, I rise in strong support of H.R. and ensure that the government is held ac- own farms, in order to maintain their own live- 4783, the Claims Resolution Act of 2010. countable for its wrongdoings. lihood resurfaced. Despite the wrongs Sherrod When I first entered the Congress in 1993 this I am pleased that the Senate has passed faced personally, she focused attention on the issue was at the top of my legislative agenda. this legislation by unanimous consent earlier very types of discriminatory practices that per- Throughout my tenure in Congress, I have this month to right the many past wrongs of petuated racism, led to losses of land, and ul- been committed to bring justice to black farm- our government. I hope that today, in the timately resulted in these lawsuits. She reiter- ers who were discriminated against by the House, my colleagues too will vote to pass ated the importance of equal treatment for all U.S. Department of Agriculture. Fairness has this important legislation. H.R. 4783 deals with American farmers, regardless of their race. long been overdue for black farmers who were the unfortunate situations addressed in the Systematic racism should not occur in the blatantly denied access to low-interest loans Pigford II and Cobell v. Salazar cases. Black United States in the 21st century, and H.R. and farm subsidies by the government. As a farmers and Native Americans were discrimi- 4783 reaffirms that notion by taking steps to longstanding advocate of this issue, I am par- nated against in those aforementioned cases reverse a history of gross racism and civil ticularly pleased to see this bill up for consid- based solely on their race. They are owed res- rights infractions. eration today. titution by the Department of Agriculture and The passing of H.R. 4783 will finally allow Mr. Speaker, it has been over a decade the Department of the Interior; they are owed for the compensation of these gross injustices. now we have been fighting for integrity and a chance to rebuild their communities and While I am in strong support of the passage righteousness for black farmers who were un- continue with their lives. of this bill, it is unfortunate that this long await- fairly discriminated against by the United In the Pigford case, there are numerous ac- ed settlement comes riddled with stipulations. States government in what is otherwise known counts of black farmers receiving unfair and The Claims Resolution Act, as amended, cre- as the ‘‘Pigford case’’. Resolving cases of dis- unequal treatment when applying for farm ates two payment ‘‘tracks’’ by which the vic- crimination and injustice should be a top pri- loans or assistance through the Department of tims of past discrimination may state their ority for this country. As Dr. Martin Luther King Agriculture. As if that were not enough, when claims. These payment tracks effectively raise famously said, ‘‘Injustice anywhere is a threat these minority farmers submitted their discrimi- the evidentiary bar for those who were victim- ized by the government’s past injustices, mak- to justice everywhere.’’ nation complaints, they heard no response The evidence of discrimination in Pigford is from the Department of Agriculture and were ing it more difficult for them to receive the set- clear and reminds us to remain vigilant against essentially ignored. The judge in the Pigford tlement that this bill provides. The first track, which requires substantial acts of racism which have unduly hurt so case said that the holding was, ‘‘a historical evidence of discrimination, limits victims’ set- many hardworking families. When black farm- first step toward righting the wrongs visited tlement to $50,000 per person. This standard ers did receive loans, they were often at a rate upon thousands of African-American farmers is too restrictive because of the passage of higher than those offered to white farmers. for decades.’’ It is truly disheartening to know time since the incidents of discrimination took Equipment grants and subsidies often came that an arm of the federal government, which place, and the possibility that many of the too late and without explanation, as farming is has a duty to treat all Americans fairly and records and documentation of discrimination an extremely time sensitive endeavor. equally, played a role in the historic plight of have been lost. Aside from justice, this money also will be the minority farmer in the United States. The second track, which allows victims to going to some of the poorest counties in this The Cobell case is important because of its receive a settlement of up to $250,000, re- country who are the most in need. Although resolution of many American-Indian tribes’ quires a much stronger evidentiary standard; this payment is not enough to save all of the claims to water, one of the necessary ele- victims must be able to show evidence of eco- black farmers now in jeopardy of losing their ments to sustain life, and the poor manage- nomic loss as a result of discrimination. Such family land, it will help some survive and at ment of Indian trusts. The White Mountain a standard will often be too burdensome to least be partially compensated for the discrimi- Apache Tribe settlement, the Crow Tribe set- meet, as it is difficult to prove definitively that nation they faced. The 2007 Census of Agri- tlement, the Taos Pueblo settlement, the discrimination was the sole cause for some- culture reveals in my state of Texas, there are Aamodt settlement, and finally the Reclama- one’s loss of land, and that other mitigating 6,124 Black principal farm operators, the larg- tion Water Settlements provided for the tribal factors may not have played a role in the loss. est number in any state. water rights claims for a number of American- This standard could leave those victims who Mr. Speaker, my community will stand ready Indian tribes. lost the most due to discrimination by the for justice for these unconscionable actions of Furthermore, H.R. 4783 also allows for the USDA with a lesser settlement than they right- discrimination. settlement of billions of dollars in Indian trusts fully deserve. I urge my colleagues to support this legisla- that were mishandled by the Department of In- A settlement of $50,000 poses a hardship to tion not only to bring justice to those who terior. In the holding of the Cobell case, the Black farmers and Native Americans, and cer- faced years of unwarranted discrimination, but judge states that, ‘‘it would be difficult to find tainly is not enough to properly compensate to provide for those who work tirelessly every- a more historically mismanaged federal pro- for the years of discrimination they experi- day to provide much needed goods for this gram than the Individual Indian Money (IIM) enced. Nonetheless, it is a positive first step country. trust.’’ toward making these victims whole again. Ms. JACKSON LEE of Texas. Mr. Speaker, Such gross mismanagement impeded the Mr. Speaker, for over a decade, I have been I would like to thank all of my colleagues who livelihood of more than 300,000 Native Ameri- a strong voice and advocate for Black and Na- were instrumental in furthering this legislative cans. How are Native Americans, or any mi- tive American farmers in the United States effort and bringing this momentous bill to the nority for that matter, expected to trust the who are truly dedicated to the American House floor. H.R. 4783 serves as a means of United States government if, as lawmakers, dream. The Claims Resolution Act of 2010 justice and vindication for minority farmers and we do not stand up for their rights? This set- represents nearly a decade-long battle for landowners who were previously wronged by tlement ensures the recognition of these past equality and justice. It is now time to finally ac- the Agriculture Department and the Interior civil infractions by the government, and por- knowledge the systematic injustices experi- Department when they were only trying to tends a brighter future for the minorities in enced by black farmers, and Native Americans make a living. These were American farmers, America. everywhere. I urge my colleagues to join me who have dedicated their lives to the pros- Essentially, the right to life and livelihood in voting to pass H.R. 4783, and to finally perity of the United States, by in essence, pro- are resolved by this settlement. American-In- allow those affected to move on with their viding for their fellow citizens. dian tribes will finally receive access to drink- lives. I have long been an adamant supporter of ing water, and black farmers will receive res- The SPEAKER pro tempore. All time American farmers in their mission to strength- titution for and recognition of previous racist for debate has expired.

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.026 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7695 Pursuant to clause 1(c) of rule XIX, Resolved, That the House of Representa- mission, provided search and rescue further consideration of this motion is tives— personnel, medical experts, and sup- postponed. (1) honors and recognizes the exemplary plies, and facilitated delivery of more service and sacrifice of the 60th Air Mobility than 1 million pounds of cargo during f Wing, the 349th Air Mobility Wing, the 15th Expeditionary Mobility Task Force, and the the duration of the Haitian relief ef- ANNOUNCEMENT BY THE SPEAKER fort. They also set up the logistics at PRO TEMPORE 615th Contingency Response Wing civilians and families serving at Travis Air Force the airport, which was destroyed. The SPEAKER pro tempore. Pursu- Base, California; After the tragic 2004 tsunami that ant to clause 8 of rule XX, the Chair (2) offers condolences to the families of the devastated much of South Asia, Travis will postpone further proceedings brave servicemembers of Team Travis who delivered more than 2 million pounds today on motions to suspend the rules have lost their lives in defense of the United of supplies, providing a full third of the on which a recorded vote or the yeas States; and entire U.S. relief effort. Given their and nays are ordered, or on which the (3) commends the actions of private citi- broad contribution to humanitarian vote incurs objection under clause 6 of zens and organizations in the Travis Air causes around the world, it’s clear that Force Base community for their steadfast rule XX. support of members of the United States the 60th Air Mobility Wing and Team Record votes on postponed questions Armed Forces and their families. Travis valiantly fulfill their motto of will be taken later. The SPEAKER pro tempore. Pursu- being ‘‘America’s First Choice.’’ Not only is Travis a vital and valued f ant to the rule, the gentleman from base furthering American missions and California (Mr. GARAMENDI) and the HONORING AIR WINGS AT TRAVIS humanitarianism abroad, it is also a gentleman from Alabama (Mr. ROGERS) AIR FORCE BASE very, very important part of the So- Mr. GARAMENDI. Mr. Speaker, I each will control 20 minutes. The Chair recognizes the gentleman lano County economy. Travis spends move to suspend the rules and agree to roughly $300 million a year in Solano from California. the resolution (H. Res. 1585) honoring County. They are the largest sector of GENERAL LEAVE and recognizing the exemplary service the economy, and at least 5,600 jobs Mr. GARAMENDI. Mr. Speaker, I ask and sacrifice of the 60th Air Mobility outside of the air base are included. Wing, the 349th Air Mobility Wing, the unanimous consent that all Members For the past 12 years, our good have 5 legislative days within which to 15th Expeditionary Mobility Task friend, IKE SKELTON, has been a con- Force, and the 615th Contingency Re- revise and extend their remarks on the sistent supporter of Travis, and I want sponse Wing civilians and families resolution under consideration. to thank him for the honor of pre- The SPEAKER pro tempore. Is there serving at Travis Air Force Base, Cali- senting this bill today and for his sup- objection to the request of the gen- fornia, as amended. port in making it possible for this bill tleman from California? The Clerk read the title of the resolu- to move beyond this committee. He has There was no objection. been an extraordinary leader. tion. Mr. GARAMENDI. Mr. Speaker, I The text of the resolution is as fol- Today, let’s honor the Travis Air yield myself such time as I may con- lows: Force Base entire family while offering sume. our condolences to the families of the H. RES. 1585 Mr. Speaker, I rise today in support bravest of the brave servicemembers of Whereas the base originally named Fair- of House Resolution 1585, a resolution Team Travis and all of those who have field-Suisun Army Air Base, the ‘‘Gateway expressing appreciation of the House of lost their lives in the defense of the to the Pacific’’, was renamed Travis Air Representatives for the service and Force Base in 1951; United States. Travis is home to thou- Whereas Team Travis includes the 13,900 sacrifice of the members of the 60th Air sands of heroes, and it is my privilege active duty, reservists, and civilians of the Mobility Wing, 349th Air Reserve Wing, and honor to represent them here in 60th Air Mobility Wing, the 349th Air Mobil- 15th Expeditionary Mobility Task Congress. ity Wing, the 15th Expeditionary Mobility Force, 615th Contingency Response Mr. Speaker, I urge my colleagues to Task Force, the 615th Contingency Response Wing, and Travis Air Force Base. support House Resolution 1585. Wing, and their families; Affectionately known as ‘‘Team I reserve the balance of my time. Whereas the 60th Air Mobility Wing, one of Travis,’’ the team includes 13,900 active Mr. ROGERS of Alabama. Mr. Speak- the Air Force’s largest air mobility organiza- duty reservists and civilians of the tions, significantly contributed to the de- er, I yield myself such time as I may fense of our Nation during World War II, the wings. Travis was established in 1942, consume. Korean War, the Vietnam War, the Persian originally named the Fairfield-Suisun Mr. Speaker, I rise in support of Gulf War, and operations Enduring Freedom Army Air Base. In 1951, it was renamed House Resolution 1585, as amended, and Iraqi Freedom; Travis Air Force Base, and its vital which honors the service and sacrifice Whereas, after the September 11, 2001, ter- missions have continued. of the 60th Air Mobility Wing, the 15th rorist attacks, Team Travis played major Travis Air Force Base has been called Expeditionary Mobility Task Force, roles in providing airlift, air refueling, and the ‘‘Gateway to the Pacific,’’ and and the 615th Contingency Response aero medical evacuation in support of Oper- brave men and women who have served Wing, civilians and families serving at ations Enduring and Iraqi Freedom, flying at Travis know a thing or two about 102,581 hours for Operation Iraqi Freedom Travis Air Force Base in California. and 70,940 hours for Operation Enduring their neighbors, particularly those I would like to thank the gentleman Freedom; across the Pacific and in every corner from California for introducing this Whereas in January 2009, Travis aircrews of the globe. Brave men and women of resolution. I am honored to pay tribute from the 60th Air Mobility Wing and 349th the Travis Air Force Base have fought to Team Travis and the 13,900 active Air Mobility Wing supported humanitarian in World War II, the Korean War, the duty members, reservists, and civilians aid operations in the Darfur region of Sudan; Cuban Missile Crisis, the Vietnam War, who make Travis Air Force Base, lo- Whereas the 615th Contingency Response and the Persian Gulf War. More re- cated in northern California, an inte- Wing, one of two Air Force Contingency Re- cently, Team Travis has played a gral part of our Air Force and our Na- sponse Wings, facilitated airlift efforts from Rwanda in support of the Rwandan peace- major role in providing airlift, air re- tion’s security. keeping mission; fueling, and aero-medical evacuation in The 60th Air Mobility Wing is one of Whereas, after a 7.0 magnitude earthquake support of combat missions in Iraq and the largest mobility organizations and struck Haiti on January 12, 2010, Team Trav- Afghanistan, flying 102,581 hours for has supported operations during World is conducted the first humanitarian airlift Operation Iraqi Freedom and 70,940 War II, the Korean War, and the Per- mission, providing search and rescue per- hours for Operation Enduring Freedom. sian Gulf War. After September 11, the sonnel, medical experts and supplies, and fa- That’s a lot of flight time. Air Mobility Wing provided close to cilitated the delivery of more than 1,000,000 They have carried out vital humani- 175,000 hours of airlift, refueling, and pounds of cargo during the duration of the tarian missions in Berlin, Darfur, aero-medical evacuation support dur- Haitian Relief Effort; and Whereas the 60th Air Mobility Wing and Rwanda, and Haiti. Indeed, after a 7.0 ing Operations Enduring Freedom and Team Travis valiantly fulfill its motto of magnitude earthquake struck Haiti on Iraqi Freedom. More recently, the 60th being ‘‘America’s First Choice’’, for true January 12, 2010, Team Travis con- Air Mobility Wing supported humani- global reach: Now, therefore, be it ducted the first humanitarian airlift tarian aid operations in Darfur.

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.043 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7696 CONGRESSIONAL RECORD — HOUSE November 30, 2010 After the devastating earthquake command of George Washington during the tional Guard who have lost their lives struck Haiti earlier this year, Team Revolutionary War; through their dedication and commitment to Travis was first to provide humani- Whereas in 1824, the 2nd Battalion, 11th the freedom and security of the United tarian airlift and continued support Regiment, New York Artillery became the States while serving in the National Guard; first military organization in the United and with search and rescue, medical efforts, States to adopt the title ‘‘National Guard’’; (4) honors and supports the compassionate, and the delivery of more than 1 million Whereas during the Mexican War of 1846- courageous, and dedicated members of the pounds of cargo. 1848, more than 70 percent of the total man- National Guard who serve a critical role in Mr. Speaker, I would be remiss if I power effort was from citizen-soldiers protecting the United States and its citizens’ did not also pay tribute to the incred- through volunteer militiamen; freedoms and treasured liberties. ible families of these brave airmen who Whereas the Union and Confederate Armies The SPEAKER pro tempore. Pursu- relied heavily on militias and volunteer regi- waited at home while their loved one ant to the rule, the gentleman from answered our Nation’s call. Some of ments during the Civil War of 1861-1865; Whereas on April 15, 1861, President Abra- California (Mr. GARAMENDI) and the these airmen have paid the ultimate ham Lincoln invoked the Calling Forth Act gentleman from Alabama (Mr. ROGERS) price to defend our freedom, and I offer of 1792 and ordered 75,000 militiamen into each will control 20 minutes. my condolences to their families. We Federal service for 90 days; The Chair recognizes the gentleman are proud of Team Travis. Therefore, Whereas during the Spanish-American War from California. in 1898, over 160,000 National Guardsmen vol- Mr. Speaker, I strongly urge all Mem- GENERAL LEAVE bers to support this resolution. unteered for active duty; Whereas a group of National Guardsmen Mr. GARAMENDI. Mr. Speaker, I ask Mr. Speaker, I yield back the balance unanimous consent that all Members of my time. from Arizona, New Mexico, Oklahoma and Texas were called the ‘‘Rough Riders’’ and have 5 legislative days within which to Mr. GARAMENDI. Mr. Speaker, I were led by Lieutenant Colonel and future revise and extend their remarks on the yield back the balance of my time. United States President Theodore ‘‘Teddy’’ resolution under consideration. The SPEAKER pro tempore. The Roosevelt; The SPEAKER pro tempore. Is there question is on the motion offered by Whereas in 1902, Major General Charles W. objection to the request of the gen- the gentleman from California (Mr. Dick, commander of the Ohio Division of the tleman from California? GARAMENDI) that the House suspend National Guard and a member of the United There was no objection. the rules and agree to the resolution, States House of Representatives, became H. Res. 1585, as amended. president of the National Guard Association; b 1510 Whereas the Militia Act of 1903 created the The question was taken. Mr. GARAMENDI. Mr. Speaker, I The SPEAKER pro tempore. In the modern National Guard and affirmed the Na- tional Guard as the primary organized com- yield myself such time as I may con- opinion of the Chair, two-thirds being bat reserve force of the Armed Forces; sume. in the affirmative, the ayes have it. Whereas in World War I, the National I rise in support of House Resolution Mr. ROGERS of Alabama. Mr. Speak- Guard made up 40 percent of the United 1740 introduced by our colleague from er, I object to the vote on the ground States combat divisions; Ohio (Mr. LATTA) which recognizes the that a quorum is not present and make Whereas the National Defense Act of 1920 374th birthday of the Nation’s military the point of order that a quorum is not established the Army of the United States, to consist of the Regular Army, the Orga- first responder, our National Guard. I present. looked at that, too, and I said, ‘‘374? The SPEAKER pro tempore. Pursu- nized Reserve Corps, and the National Guard, when called into Federal service; How could that be?’’ ant to clause 8 of rule XX and the Whereas an amendment to the National Well, on December 13, 2010, we will Chair’s prior announcement, further Defense Act enacted on June 15, 1933, estab- celebrate the enormous contributions proceedings on this motion will be lished the National Guard of the United that our Nation’s citizen soldiers and postponed. States as a reserve component of the Army; airmen have contributed to our na- The point of no quorum is considered Whereas the National Security Act of 1947 tional defense for over 300 years. Our withdrawn. established the Air National Guard as a re- serve component of the Air Force; forefathers relied on its citizen soldiers f Whereas more than 300,000 members of the to protect this young Nation. Today we HONORING NATIONAL GUARD ON National Guard, including 18 infantry divi- continue to rely on our citizen soldiers 374TH ANNIVERSARY sions, participated in World War II; to protect the values and inalienable Whereas more than 138,000 members of the rights that Americans enjoy today. Mr. GARAMENDI. Mr. Speaker, I Army National Guard and more than 45,000 move to suspend the rules and agree to Our men and women in the National members of the Air National Guard were Guard not only volunteer to serve over- the resolution (H. Res. 1740) recog- called to active duty during the Korean War; nizing and honoring the National Whereas almost 23,000 members of the seas in our national defense, they are Guard on the occasion of its 374th anni- Army and Air National Guard were mobi- also an integral part of our local com- versary. lized for two years of active duty during the munities, providing assistance, sup- The Clerk read the title of the resolu- Vietnam War; port, and protection to their neighbors tion. Whereas more than 70,000 members of the and loved ones in cases of natural and The text of the resolution is as fol- Army and Air National Guard were called manmade disasters within the United lows: upon to participate in Operation Desert States. Shield and Operation Desert Storm in 1990 H. RES. 1740 The history of the National Guard and 1991; began back during the very earliest Whereas the National Guard celebrates its Whereas since the attacks on September 374th birthday on December 13, 2010; 11, 2001, hundreds of thousands of members of days of our Nation. The colonists Whereas the National Guard and its cit- the Army and Air National Guard have been adopted the English militia system izen-soldiers have participated in all major called upon by their States and the Federal which required all males between the American conflicts, most recently Operation Government to provide security at home and ages of 16 and 60 to bear arms and con- Enduring Freedom, Operation Iraqi Free- combat terrorism abroad; and tribute to the defense of their commu- dom, and Operation New Dawn; Whereas more than 50,000 members of the nities. In those early days, the militia Whereas the National Guard is the oldest Army and Air National Guard were deployed provided the first line of defense in our component of the United States Armed in the Gulf States following Hurricane Nation and it continues to do so to this Forces; Katrina in 2005: Now, therefore, be it Whereas the National Guard has served Resolved, That the House of Representa- very day. with distinction as America’s first line of de- tives— Throughout our Nation’s conflicts, fense against natural and man-made disas- (1) thanks the members of the National the National Guard has been an inte- ters within the United States; Guard for their service in response to the at- gral part of our country’s national de- Whereas Colonial and State militias were tacks on September 11, 2001, and their con- fense. During World War I, the Na- the precursors to the National Guard; tinuing role in homeland security and mili- tional Guard made up 40 percent of Whereas the militia stood their ground tary operations; America’s combat divisions. The Na- during the opening shots of the Revolu- (2) supports providing the National Guard tionary War at Lexington Green and Concord with the necessary resources to ensure its tional Defense Act of 1933 established Bridge in 1775; readiness; the National Guard as a reserve compo- Whereas more than 164,000 members of the (3) expresses its condolences and gratitude nent of the Army. And in 1947 the Na- militia from the 13 colonies served under the to the families of those members of the Na- tional Security Act established the air

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.044 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7697 component of the National Guard as a the command to stand down from the times of natural disasters. With this reserve component of the Air Force. British. No one knows who fired that dual requirement to support not only More than 300,000 members of the Na- fateful first shot, but that was the be- the Nation but also the people of the tional Guard participated in World War ginning of the Revolutionary War. And States from which they come, the Na- II. And over 180,000 members of the Na- it was the militia—now our National tional Guard is indispensable to the tional Guard participated in the Ko- Guard—that was there for us and is well-being, safety, and security of all rean War, and nearly 23,000 deployed in still there for us today. Americans. support of the Vietnam War. More than The National Guard is the oldest This is why it is therefore right and 50,000 members of the National Guard component of the Armed Forces in the proper that we recognize the National were deployed in the Gulf States in United States. The National Guard’s Guard for 374 years of outstanding support of Hurricane Katrina. Today, number one priority is the security and service, and I urge all Members to sup- almost a quarter of a million members defense of our homeland at home and port this resolution. of the National Guard have mobilized abroad. Americans have relied on their I yield back the balance of my time. Mr. GARAMENDI. I want to thank in support of Operation Noble Eagle, National Guard for more than three the gentleman from Ohio for offering Operation Enduring Freedom, Oper- and a half centuries, long before the es- ation Iraqi Freedom, and Operation this resolution. tablishment of these United States. I think every Member on this floor New Dawn. I want to thank all past and present Today we are here to express our ap- understands the critical importance of members of the National Guard for the National Guard in their own com- preciation to those who served in the their service in response to the attacks National Guard and their families, who munities and in their State, and it’s on our homeland on September 11, 2001, certainly appropriate that we recognize are also making a contribution in de- and their continuing role in homeland fense of this Nation. We are here to ex- the 374th birthday of the National security and military operations. Guard. You had me on that one. I press our gratitude and respect for In today’s world, it is essential that those in the National Guard who have didn’t know it was 374 until this mo- we honor and support all of our service- ment. But I do know the history of my given their lives in defense of our Na- members who have sacrificed so much tion. Our sympathy and prayers are own State of California and the critical to ensure our freedoms and liberties importance of the National Guard not with their families and loved ones. that we cherish so dearly in these Their sacrifice is noted and will not be only in all of the traumas that occur in United States. We need to support and my State, but also overseas and the forgotten. provide our men and women in the Na- Mr. Speaker, I urge my colleagues to wars. tional Guard and all of the Armed Mr. LOEBSACK. Mr. Speaker, I’m proud to support House Resolution 1740 and join Forces with enough resources to ensure us as we wish America’s National be an original cosponsor of this Resolution their readiness and success. honoring our National Guard on the occasion Guard a happy 374th birthday. As the National Guard’s official song I reserve the balance of my time. of its 374th anniversary. Mr. ROGERS of Alabama. Mr. Speak- goes, ‘‘Defending Freedom, protecting The National Guard was formed on Decem- er, I yield such time as he may con- dreams, this is the spirit of what it ber 13, 1636 and has fought in every major sume to the sponsor of this legislation, means to me. For my God and my American conflict since that time. my friend and colleague from Ohio (Mr. home that I love: I Guard America, Today’s National Guard Soldiers and Air- LATTA). Guarding America, America.’’ men are an operational reserve that has Mr. LATTA. I thank the gentleman I urge passage of the resolution. served our country admirably in Iraq, Afghani- for yielding. Mr. GARAMENDI. I continue to re- stan, and around the world. Mr. Speaker, I rise today in support serve the balance of my time. In fact, as we honor the National Guard of my House Resolution 1740, a resolu- Mr. ROGERS of Alabama. Mr. Speak- today, almost 3,000 Iowa National Guard Sol- tion honoring the National Guard on er, I yield myself such time as I may diers are deploying to Afghanistan—the larg- their 374th anniversary. And as the consume. est deployment for our state since World War gentleman alluded to, 374 years long I rise in strong support of House Res- II. predates this Nation. olution 1740, which recognizes the serv- They have stood up an Agricultural Devel- The National Guard origins date to ice and sacrifices of the members of the opment Team which is helping to move the Af- December 13, 1636, when the General Army and Air National Guard on the ghan economy away from poppy production Court of the Massachusetts Bay Colony occasion of the 374th anniversary of the and they will help train the Afghan National ordered existing militias to be orga- National Guard. I want to commend Security Forces so that the Afghan people can nized into three regiments. Since then, Representative ROBERT LATTA of Ohio provide for their own security. the National Guard has fought in every for sponsoring this legislation. Indeed, today’s National Guard is deploying major war and conflict. From the ‘‘shot Mr. Speaker, America is such a dy- in unprecedented numbers, and our National heard round the world’’ on April 19, namic, forward moving, ever changing Guard families are coping with multiple de- 1775, on Lexington Green and later that Nation that few institutions can sur- ployments. day that running battle that occurred vive for long unless they repeatedly And they are doing so while continuing to at Concord Bridge, to the men and prove their worth and are capable of carry out their homeland security mission here women who have stood strong and changing to meet new challenges. at home—protecting our country’s airspace fighting in Afghanistan and Iraq, the For more than 300 years, the Na- and our communities from disasters such as the flooding that hit Iowa in 2008. National Guard and its citizen soldiers tional Guard has repeatedly dem- So, as we honor the men and women of the have been there for us no matter what, onstrated its worth and value to this Nation in the crises of peace and war. National Guard today, let us thank our Citizen always ready, always there. Soldiers, Airmen, and their families for their Going back to that day on April 19, The courage and commitment and sac- service to our Nation. rifices of National Guard members 1775, it was one of these days that we And, during this holiday season, let us re- have to remember, it was April 18, 1775, have been an integral part of every war member all of our sons and daughters who that Paul Revere and two others left this Nation has fought. are defending our freedom overseas. Boston to alert the countryside not These citizen soldiers most recently Mr. GARAMENDI. Mr. Speaker, I that the Red Coats were out but that have accepted an entirely new role in yield back the balance of my time. the regulars were out. As Revere Road our national security and enthusiasti- The SPEAKER pro tempore. The became known later as Battle Road cally transformed themselves and their question is on the motion offered by from Boston across to Lexington and units from a ready reserve to an oper- the gentleman from California (Mr. Concord, he was alerting the country- ational reserve where repeated deploy- GARAMENDI) that the House suspend side, and the countryside was alarmed ments to combat have become the the rules and agree to the resolution, and the people awoke. And those were norm, not the exception. H. Res. 1740. the early National Guard or the militia While providing significant combat The question was taken. that responded. power to support ongoing wars, the The SPEAKER pro tempore. In the They were the ones that stood up on Guard has remained true to its mission opinion of the Chair, two-thirds being April 19, 1775, on Lexington Green to to support the individual States in in the affirmative, the ayes have it.

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.047 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7698 CONGRESSIONAL RECORD — HOUSE November 30, 2010 Mr. ROGERS of Alabama. Mr. Speak- bat infantry division and deployed to West Whereas the soldiers of the 10th Mountain er, I object to the vote on the ground Germany, protecting strategic North Atlan- Division continue to serve in Iraq and Af- that a quorum is not present and make tic Treaty Organization (NATO) points ghanistan, with their families supporting the point of order that a quorum is not against possible Soviet aggression; them through arduous deployments: Now, Whereas, on June 14, 1958, the 10th Moun- therefore, be it present. tain Division was again temporarily inac- Resolved, That the House of Representa- The SPEAKER pro tempore. Pursu- tivated; tives— ant to clause 8 of rule XX and the Whereas, on February 13, 1985, the 10th (1) recognizes the achievements of the sol- Chair’s prior announcement, further Mountain Division (Light Infantry) was acti- diers serving in the 10th Mountain Division, proceedings on this motion will be vated in the heart of the North Country on as well as citizen-soldiers of the Army Re- postponed. Fort Drum, New York; serve and National Guard who have fought The point of no quorum is considered Whereas, during Operations Desert Shield with the 10th Mountain Division during its and Desert Storm, 10th Mountain Division withdrawn. 60-year history; soldiers contributed support personnel to the (2) expresses its gratitude to the family f 24th Infantry Division in Iraq; members of the 10th Mountain Division for b 1520 Whereas, in December 1992, 10th Mountain their tireless service and sacrifice on behalf Division soldiers deployed to Somalia in sup- of the United States; HONORING FORT DRUM’S SOL- port of Operation Restore Hope, bringing (3) commends the North Country commu- DIERS OF 10TH MOUNTAIN DIVI- much-needed security to relief operations; nity for their unwavering support of Fort SION Whereas, on May 4, 1993, 10th Mountain Di- Drum and the men and women serving in vision soldiers began supporting Operation Mr. OWENS. Mr. Speaker, I move to uniform; and Continue Hope under the direction of the (4) offers its heartfelt condolences to the suspend the rules and agree to the reso- United Nations Operations in Somalia family and friends of the 10th Mountain Divi- lution (H. Res. 1217) honoring Fort (UNOSOM II); sion soldiers who have given the ultimate Drum’s soldiers of the 10th Mountain Whereas, on October 3, 1993, and October 4, sacrifice in the defense of the United States. 1993, 10th Mountain Division soldiers of 2d Division for their past and continuing The SPEAKER pro tempore. Pursu- contributions to the security of the Battalion, 14th Infantry fought a brutal gun battle through Mogadishu to secure an evac- ant to the rule, the gentleman from United States, as amended. uation route for Rangers surrounded in the New York (Mr. OWENS) and the gen- The Clerk read the title of the resolu- city; tleman from Alabama (Mr. ROGERS) tion. Whereas the 10th Mountain Division spear- each will control 20 minutes. The text of the resolution is as fol- headed Operation Uphold Democracy in The Chair recognizes the gentleman lows: Haiti from September 19, 1994, to January 15, 1995, conducting the United States Army’s from New York. H. RES. 1217 first carrier-based air assault; GENERAL LEAVE Whereas the 10th Mountain Division was Whereas, following the September 11, 2001, Mr. OWENS. Mr. Speaker, I ask first activated as the 10th Light Division on attacks on the United States, units of the July 15, 1943, at Camp Hale, Colorado; 10th Mountain Division first deployed in sup- unanimous consent that all Members Whereas the 10th Mountain Division began port of Operation Enduring Freedom in late have 5 legislative days within which to a rigorous training regimen designed to pre- 2001, fighting to secure remote elements of revise and extend their remarks on the pare for the imminent invasion of Axis-con- Afghanistan against Taliban forces; resolution under consideration. trolled Europe; Whereas, in 2003, the 10th Mountain Divi- The SPEAKER pro tempore. Is there Whereas, on January 7, 1944, the 10th sion headquarters and 1st Brigade returned objection to the request of the gen- Mountain Division patch was authorized, to Afghanistan to battle insurgents in re- featuring a blue background with two red- mote areas of the country and provide hu- tleman from New York? crossed bayonets forming the Roman nu- manitarian assistance; There was no objection. meral for 10, emblazoned over a powder keg Whereas, from May to December 2003, the Mr. OWENS. Mr. Speaker, I yield my- representing the Division’s explosive power; 2d Brigade, 10th Mountain Division head- self such time as I may consume. Whereas, in November 1944, the 10th Light quarters, and 4th Battalion, 31st Infantry de- The United States Army’s 10th Moun- Division was redesignated the 10th Mountain ployed to Afghanistan in support of Task tain Division, stationed on Fort Drum, Division and soldiers were first authorized to Force Phoenix and training for the Afghan wear the blue and white ‘‘Mountain’’ tab; National Army; New York, has a long and storied his- Whereas the 10th Mountain Division first Whereas, in July 2004, the 2d Brigade, 10th tory of defending the American way of entered combat on January 1945, being de- Mountain Division, deployed to Iraq in sup- life. ployed to the North Apennine Mountains in port of Operation Iraqi Freedom, securing The 10th Mountain Division was first Italy opposite battle-hardened German the areas west of Baghdad and enduring activated as the 10th Light Division on mountain troops; more enemy contacts and casualties than July 13, 1943, at Camp Hale, Colorado. Whereas soldiers of the 10th Mountain Di- any other unit in Iraq at the time; vision assaulted the German lines along the Whereas the 1st Brigade Combat Team de- From there, the brave soldiers who Monte Belvedere-Monte della Torraccia ployed to Iraq in late 2005 in support of Oper- made up the 10th Mountain Division’s Ridge in a series of stunning attacks that ation Iraqi Freedom, bringing security to first unit immediately began a rigorous broke the German Apennine front; embattled areas in and around Baghdad; training regimen designed to prepare Whereas, on April 14, 1945, the 10th Moun- Whereas the 2d Brigade Combat Team de- for the imminent invasion of Axis-con- tain Division served as the vanguard of the ployed to Iraq in August of 2006, moving in to trolled Europe. They first entered com- Fifth Army’s drive to the Po Valley, suf- an area referred to as the ‘‘Triangle of bat in January of 1945 as they were de- fering tremendous casualties in a hail of ar- Death’’, vastly improving security and en- ployed to the North Apennine Moun- tillery, mortar, and small arms fire from during a grueling 15-month deployment; German troops; Whereas the 10th Mountain Division head- tains in Italy, opposite battle-hardened Whereas the 10th Mountain Division con- quarters and 3d Brigade Combat Team de- German troops, which marked the be- tinued its relentless drive to liberate Italy, ployed again to Afghanistan in 2006, serving ginning of a relentless drive to liberate culminating in the Division’s occupation of in the eastern Afghanistan-Pakistan border Italy from the clutches of the enemy. Lake Garda and preventing the escape of region; As the nature of warfare has changed German troops to the north through the Whereas the 1st Brigade Combat Team re- throughout the decades, the 10th Brenner Pass; turned to Iraq in 2007, conducting stability Mountain Division has adapted to de- Whereas the 10th Mountain Division saw and security operations in Kirkuk and train- one of its soldiers, Private First Class John ing the Sons of Iraq to protect their neigh- fend the Nation against foreign D. Magrath posthumously awarded the borhoods from insurgent violence; threats. From its work as a training di- Medal of Honor; Whereas, in April 2008, the 10th Mountain vision preparing soldiers for Cold War Whereas, on November 30, 1945, the 10th Division headquarters and 4th Brigade Com- service to deployments in West Ger- Mountain Division was temporarily inac- bat Team deployed to Baghdad, coordinating many, Somalia, Mogadishu, and Haiti, tivated; and fighting large-scale operations such as and the current war on terror in Iraq Whereas, on July 1, 1948, the 10th Mountain Operation Phantom Phoenix; and Afghanistan, the 10th Mountain Division was reactivated at Fort Riley, Kan- Whereas, in January 2009, the 3d Brigade Division has served to maintain both sas, as a training division, preparing 123,000 Combat Team deployed to the Logar and soldiers for Cold War service and combat in Wardak provinces in Afghanistan, guarding national and global stability. the Korean Peninsula; the southern approaches to Kabul and bring- On February 13, 1985, the 10th Moun- Whereas, between 1955 and 1958, the 10th ing much-needed security to both provinces; tain Division was activated in the Mountain Division was redesignated a com- and heart of the North Country at Fort

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.049 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7699 Drum. Following the September 11 at- it fought through the streets of The text of the resolution is as fol- tacks, units of the 10th Mountain Divi- Mogadishu to assist Rangers who were lows: sion were deployed in support of Oper- surrounded in the city, and Operation H. RES. 1724 ation Enduring Freedom. Since then, Uphold Democracy in Haiti. Whereas, for more than 50 years, the com- the unit has played a role in major of- In late 2001, following the September munity of Jacksonville, Arkansas, has sup- fenses throughout the war on terror 11 attacks, the division deployed in ported and served the members of the Armed that have brought stability to embat- support of Operation Enduring Free- Forces and their families at Little Rock Air tled areas in the Middle East. For more dom to oust the Taliban in Afghani- Force Base; Whereas, after September 11, 2001, Little than 65 years, the brave men and stan. Subsequently, the division re- Rock Air Force Base restricted access to women and their families who make up turned to Afghanistan in 2003, 2006, and much of the community for security reasons, the 10th Mountain Division have en- 2009. At the same time, the 10th Moun- and in response to the tragedy and the re- dured untold sacrifices to make the Na- tain Division has played a vital role in strictions caused by the terrorist attacks of tion safer and more secure. the successes of Operation Iraqi Free- September 11, 2001, the community and air Mr. Speaker, I stand here today to dom, deploying to Iraq for sometimes base came together to address a need for a recognize the achievements of the sol- up to 15 months in 2004, 2005, 2007, and new education facility for both military diers serving in the 10th Mountain Di- 2009. Today, these incredible soldiers members and civilians; Whereas, recognizing the need to raise vision, as well as citizen soldiers of the continue to serve in Iraq and Afghani- funds for a new educational facility, the City Army Reserve and National Guard who stan. Council of Jacksonville, Arkansas, held a have fought with the 10th Mountain Di- Sadly, the valiant service of the 10th special election in which the citizens of vision during its 60-year history. I Mountain Division has not been with- Jacksonville overwhelmingly voted to adopt would like to thank the family mem- out enormous sacrifice. Throughout its a temporary one-cent sales tax, which raised bers of the 10th Mountain Division for history, members of the division have $5,000,000; their tireless service and sacrifice on paid the ultimate price to ensure our Whereas these funds were donated to the Air Force to help build a new Joint Edu- behalf of the United States, and I com- freedom. cation Center on Federal property outside mend the North Country community Mr. Speaker, I would be remiss if I the base perimeter, so that the facility could for their unwavering support of Fort did not also pay tribute to the incred- be accessible to community people, students, Drum and the men and women serving ible families of these brave soldiers and faculty, as well as air base personnel; in uniform. who waited at home while their loved Whereas, in 2009, local individuals and Finally, I speak for the House of Rep- ones answered our Nation’s call. The businesses raised over $50,000 for the base’s resentatives when I offer my condo- entire Nation owes the soldiers and 2010 Air show and more than $22,000 was do- lences to the family and friends of the nated in support of Little Rock Air Force veterans of the 10th Mountain Division Base rodeo teams that compete at McChord 10th Mountain Division soldiers who a debt of gratitude. To each and every Air Force Base; have given the ultimate sacrifice in the one of them I say, ‘‘Climb to glory.’’ Whereas community leaders sponsor nu- defense of freedom. We are proud of their service. And, merous events, including dances and commu- Mr. Speaker, I reserve the balance of therefore, Mr. Speaker, I strongly urge nity sporting and musical events, for mem- my time. all Members to support this resolution. bers of the Armed Forces and their families Mr. ROGERS of Alabama. Mr. Speak- I yield back the balance of my time. at Little Rock Air Force Base and provide er, I yield myself such time as I may Mr. OWENS. Mr. Speaker, I have no discounted or free tickets; consume. further requests for time, and I yield Whereas the community sponsors a quar- Mr. Speaker, I rise in support of terly dinner for families of deployed mem- back the balance of my time. bers and over 15,000 volunteer hours are pro- House Resolution 1217, as amended, The SPEAKER pro tempore. The vided by retirees at the Airman’s Attic, the which honors the Fort Drum soldiers of question is on the motion offered by Base Clinic, the Retirees Activities Office, the 10th Mountain Division for their the gentleman from New York (Mr. and other base activities; and contribution to the security of the OWENS) that the House suspend the Whereas, on March 3, 2009, the City of United States. I am honored to pay rules and agree to the resolution, H. Jacksonville, Arkansas, was awarded the Ab- tribute to the current and former mem- Res. 1217, as amended. ilene Trophy, which honors a civilian com- bers of the 10th Mountain Division who The question was taken. munity for exceptional support of Air Mobil- have stood steadfastly and coura- ity Command base at Little Rock Air Force The SPEAKER pro tempore. In the Base: Now, therefore, be it geously defended and served this great opinion of the Chair, two-thirds being Resolved, That the House of Representa- country on our shores and in distant in the affirmative, the ayes have it. tives commends the City of Jacksonville, Ar- lands. Mr. ROGERS of Alabama. Mr. Speak- kansas, for its outstanding support in cre- First activated in Colorado in 1943 er, I object to the vote on the ground ating a unique and lasting partnership with during the early stages of World War that a quorum is not present and make Little Rock Air Force Base, members of the II, the division known as the 10th Light Armed Forces stationed there, and their the point of order that a quorum is not families. Division prepared to join the fight present. The SPEAKER pro tempore. Pursu- against the Axis in Europe. When it fi- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from Ar- nally entered combat in 1945, the divi- ant to clause 8 of rule XX and the kansas (Mr. SNYDER) and the gen- sion broke through battle-hardened Chair’s prior announcement, further tleman from Alabama (Mr. ROGERS) German mountain troops in the Italian proceedings on this motion will be North Apennine Mountains. Victory each will control 20 minutes. postponed. The Chair recognizes the gentleman was won in hard-fought battles in The point of no quorum is considered from Arkansas. places like Po Valley, where the divi- withdrawn. sion suffered tremendous casualties. It GENERAL LEAVE f Mr. SNYDER. Mr. Speaker, I ask was during the campaign in Italy that unanimous consent that all Members the division’s own Private First Class COMMENDING THE CITY OF have 5 legislative days within which to John D. Magrath was posthumously JACKSONVILLE, ARKANSAS revise and extend their remarks on the awarded the Medal of Honor. Mr. SNYDER. Mr. Speaker, I move to resolution under consideration. Following World War II, the 10th suspend the rules and agree to the reso- The SPEAKER pro tempore. Is there Mountain Division trained soldiers at lution (H. Res. 1724) commending the objection to the request of the gen- Fort Riley, Kansas, and was deployed city of Jacksonville, Arkansas, for its tleman from Arkansas? to West Germany to protect NATO. In outstanding support in creating a There was no objection. 1985, the division began its long and unique and lasting partnership with Mr. SNYDER. Mr. Speaker, I yield storied relationship with the people of Little Rock Air Force Base, members myself such time as I may consume. the North Country when it was located of the Armed Forces stationed there People in America support our men on Fort Drum, New York. Since then, and their families, and the Air Force, and women in uniform. Everywhere, the 10th Mountain Division has partici- as amended. from coast to coast, regardless of polit- pated in Operation Desert Storm, Oper- The Clerk read the title of the resolu- ical view, Americans support our mili- ation Continue Hope in Somalia, where tion. tary. Nowhere is this more true than in

VerDate Mar 15 2010 05:57 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.051 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7700 CONGRESSIONAL RECORD — HOUSE November 30, 2010 Arkansas. Nowhere is this more true view of their willingness to tax them- table cash contributions for the relief than in the city of Jacksonville, Ar- selves and donate $5 million to the Air of victims of the earthquake in Chile, kansas. Any Arkansan can tell you the Force, it seemed to me appropriate to and to extend the period from which Little Rock Air Force Base is not in recognize their work today, and I rec- such contributions for the relief of vic- Little Rock. Until this debate today, ommend approval of H. Res. 1724. tims of the earthquake in Haiti may be however, I would guess that most Mem- I reserve the balance of my time. accelerated. bers of Congress assumed the Little Mr. ROGERS of Alabama. Mr. Speak- The Clerk read the title of the bill. Rock Air Force Base is in the town of er, I yield myself such time as I may The SPEAKER pro tempore. Pursu- Little Rock. Be assured it is not; al- consume. ant to House Resolution 1736, the pre- though all of central Arkansas, includ- Mr. Speaker, I rise in strong support vious question is ordered. ing the people of Little Rock, are sup- of House Resolution 1724, which com- The question is on the motion by the portive of the Little Rock Air Force mends the city of Jacksonville, Arkan- gentleman from West Virginia (Mr. RA- Base. sas, for its outstanding support and en- HALL). Recognition of the great work done during partnership with Little Rock The question was taken; and the by the men and women of the Little Air Force Base. Speaker pro tempore announced that Rock Air Force Base in Jacksonville, I also want to commend my friend the ayes appeared to have it. Arkansas, is apparent to anyone famil- and colleague, Representative Vic Sny- Mr. ROGERS of Alabama. Mr. Speak- iar with the C–130 mission. Every Mem- der from Arkansas, for sponsoring this er, I object to the vote on the ground ber of Congress who has flown in a C– legislation. that a quorum is not present and make 130, including the one Member, Mr. Mr. Speaker, the city of Jacksonville the point of order that a quorum is not BOCCIERI, who flies C–130s, relied on the has long embraced the Air Force mem- present. training done at the Little Rock Air bers and their families stationed at The SPEAKER pro tempore. Evi- Force Base in Jacksonville, Arkansas. Little Rock Air Force Base, treating dently a quorum is not present. Yet compliments don’t tell the full all like lifelong members of the com- The Sergeant at Arms will notify ab- story. munity. While the city supports the sent Members. When the attacks of September 11, base in a number of ways, one recent Pursuant to clause 8 of rule XX, this 2001, occurred, community access to all action was especially unusual. Recog- 15-minute vote on the motion to concur our military bases was disrupted, in- nizing the need for a new education fa- will be followed by 5-minute votes on cluding access to on-base college class- cility, the voters of Jacksonville over- suspending the rules with regard to es by the civilian faculty and students. whelmingly agreed to temporarily House Resolution 1585 and House Reso- Yet we all know higher education is es- raise their own taxes to pay for a Joint lution 1740. sential to our military. Anticipating a Education Center, donating $5 million The vote was taken by electronic de- solution, the city of Jacksonville, Ar- to the Air Force for that purpose. vice, and there were—yeas 256, nays kansas, and the leadership of the Little It is no surprise that the city of 152, not voting 25, as follows: Rock Air Force Base came up with a Jacksonville was honored by the Air [Roll No. 584] plan to build a Joint Education Center Mobility Command with the award of YEAS—256 on base property but outside the perim- the Abilene Trophy for the city’s ex- Ackerman Davis (CA) Holden eter. Time went by, but the city of ceptional support for the Little Rock Adler (NJ) Davis (IL) Holt Jacksonville, Arkansas, did its part. Air Force Base. Altmire Davis (TN) Honda Tax votes in a community are difficult, I urge all Members to support this Andrews DeGette Hoyer resolution. Arcuri Delahunt Inslee but the city of Jacksonville taxed Baca DeLauro Israel itself through a vote of the people and I yield back the balance of my time. Baird Diaz-Balart, L. Jackson (IL) raised $5 million to donate to the Air Mr. SNYDER. I appreciate the kind Baldwin Diaz-Balart, M. Jackson Lee Force to help build the Joint Edu- words of the gentleman. Barrow Dicks (TX) Bean Dingell Johnson (GA) cation Center. Mr. Speaker, I have no further re- Becerra Djou Johnson, E. B. Soon after that vote, the money quests for time, and I yield back the Berkley Doggett Kagen began accumulating. Unaware, in fact, balance of my time. Berman Donnelly (IN) Kanjorski The SPEAKER pro tempore. The Berry Doyle Kaptur that there would be a delay in con- Bishop (GA) Driehaus Kennedy struction approval, $5 million sat in question is on the motion offered by Bishop (NY) Edwards (MD) Kildee the account for quite a long time. Le- the gentleman from Arkansas (Mr. Blumenauer Edwards (TX) Kilpatrick (MI) gally, permission finally was given for SNYDER) that the House suspend the Boccieri Ellison Kilroy Boren Ellsworth Kind the $5 million to be transferred to the rules and agree to the resolution, H. Boswell Emerson Kirkpatrick (AZ) Air Force. Long after the vote in Jack- Res. 1724, as amended. Boyd Engel Kissell sonville, construction began. You will The question was taken. Brady (PA) Eshoo Klein (FL) The SPEAKER pro tempore. In the Braley (IA) Etheridge Kosmas be very pleased, Mr. Speaker, to see the Brown, Corrine Farr Kratovil almost complete Joint Education Cen- opinion of the Chair, two-thirds being Butterfield Fattah Kucinich ter underway. It is about ready. in the affirmative, the ayes have it. Capps Filner Langevin Mr. ROGERS of Alabama. Mr. Speak- Capuano Foster Larsen (WA) b 1530 er, I object to the vote on the ground Cardoza Frank (MA) Larson (CT) Carnahan Fudge LaTourette It came about because of the people that a quorum is not present and make Carson (IN) Gallegly Lee (CA) of Jacksonville, Arkansas and their the point of order that a quorum is not Cassidy Garamendi Levin willingness to donate $5 million to the present. Castor (FL) Giffords Lewis (GA) Air Force. Chandler Gordon (TN) Lipinski The SPEAKER pro tempore. Pursu- Childers Grayson Loebsack They have also raised money for the ant to clause 8 of rule XX and the Chu Green, Al Lofgren, Zoe air show, which I attended with my lit- Chair’s prior announcement, further Clarke Green, Gene Lowey tle boys this year, and for the rodeo proceedings on this motion will be Clay Grijalva Luja´ n Cleaver Gutierrez Lummis teams. The community council has postponed. Clyburn Hall (NY) Lynch been very, very active through the The point of no quorum is considered Cohen Halvorson Maffei years and, in fact, the city of Jackson- withdrawn. Cole Hare Maloney ville originally put together the land Connolly (VA) Harman Markey (CO) f Conyers Harper Markey (MA) that was donated to the Federal Gov- Costa Heinrich Marshall ernment, to the Department of Defense CLAIMS RESOLUTION ACT OF 2010 Costello Herseth Sandlin Matheson and the Air Force, on which the Air The SPEAKER pro tempore. Pursu- Courtney Higgins Matsui Critz Hill McCarthy (NY) Force base is located today. ant to clause 1(c) of rule XIX, pro- Crowley Himes McCollum This partnership between the city of ceedings will now resume on the mo- Cuellar Hinchey McDermott Jacksonville, Arkansas, and the Little tion to concur in the Senate amend- Cummings Hinojosa McGovern Rock Air Force Base has gone on for ments to the bill (H.R. 4783) to accel- Dahlkemper Hirono McIntyre Davis (AL) Hodes McKeon over a half a century. Particularly in erate the income tax benefits for chari-

VerDate Mar 15 2010 05:57 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.053 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7701 McMahon Polis (CO) Slaughter Ros-Lehtinen Space Wamp Steve’s dedication to religious lib- McNerney Pomeroy Smith (WA) Schakowsky Tsongas Wu erty had a profound effect on our legal Meek (FL) Price (NC) Snyder Meeks (NY) Quigley Speier b 1603 system. In response to the Supreme Melancon Rahall Spratt Mr. MACK changed his vote from Court’s decision in Employment Divi- Michaud Rangel Stark sion v. Smith, he drafted the Religious Miller (NC) Reyes Stupak ‘‘yea’’ to ‘‘nay.’’ Miller, George Richardson Messrs. SMITH of Washington, LIN- Freedom Restoration Act, which re- Sullivan stored the application of strict scru- Minnick Rodriguez Sutton COLN DIAZ-BALART of Florida and Mitchell Ross Tanner SHADEGG changed their vote from tiny to governmental burdens on the Mollohan Rothman (NJ) Teague free exercise of religion. Moore (KS) Roybal-Allard ‘‘nay’’ to ‘‘yea.’’ Thompson (CA) Moore (WI) Ruppersberger On a more personal note, Steve So- Thompson (MS) So the motion was agreed to. Moran (VA) Rush larz was a mensch. He leaves behind Tierney The result of the vote was announced Murphy (CT) Ryan (OH) friends and colleagues who will miss Murphy (NY) Salazar Titus as above recorded. Murphy, Patrick Sa´ nchez, Linda Tonko A motion to reconsider was laid on him very much. Our country is a better Murphy, Tim T. Towns the table. place because of his commitment to Nadler (NY) Sanchez, Loretta Van Hollen public service. The people of the world ´ Napolitano Sarbanes Velazquez f have lost a tireless advocate for free- Neal (MA) Schauer Visclosky Nye Schiff Walz MOMENT OF SILENCE IN MEMORY dom and democracy. Oberstar Schrader Wasserman OF FORMER MEMBER STEVE SO- I want to extend the condolences of Obey Schwartz Schultz LARZ this House to Nina Solarz, to their Olver Scott (GA) Waters children—Randy Glantz and Lisa Owens Scott (VA) Watson (Mr. RANGEL asked and was given Pallone Serrano Watt permission to address the House for 1 Prickett—and to their families. The Pascrell Sestak Waxman minute and to revise and extend his re- Nation shares in their loss and wishes Pastor (AZ) Shadegg Weiner them well. Payne Shea-Porter marks.) Welch Mr. Speaker, I rise today to remember an Perlmutter Sherman Wilson (OH) Mr. RANGEL. Mr. Speaker, I would Perriello Shuler Woolsey soulfully report to this body the loss of outstanding public servant, Congressman Ste- Peters Simpson Yarmuth a great Member, Congressman Steve phen J. Solarz, who passed away last night. Peterson Sires Young (AK) Pingree (ME) Skelton Solarz, who just left us. He passed Steve served the people of Brooklyn in the away at the age of 70 years. He served House from 1975 to 1992, with distinction, NAYS—152 in this body from 1975 to 1992. Repub- boundless energy, great intellect, and a true Aderholt Garrett (NJ) Nunes lican or Democrat, he loved this coun- passion to pursue justice. Akin Gerlach Olson try, and he fought hard for a sound for- I have had the privilege of representing a Alexander Gingrey (GA) Paul large portion of Brooklyn that was once in his Austria Gohmert Paulsen eign policy. Bachmann Goodlatte Pence At this point, I would like to yield to district, and I can attest that he is still fondly Bachus Granger Petri Congressman JERRY NADLER, whose remembered and admired by the people of Bartlett Graves (GA) Pitts district now takes in a great part of Brooklyn. He was always a vigorous advocate Barton (TX) Graves (MO) Platts for our communities close to home, and for Biggert Griffith Poe (TX) former Congressman Solarz’ congres- Bilbray Guthrie Posey sional district. human dignity around the world. Bilirakis Hall (TX) Price (GA) Mr. NADLER of New York. Mr. His passing is a great loss to the Nation, but Bishop (UT) Hastings (WA) Reed Blackburn Heller Speaker, Steve Solarz served the peo- also to people around the world who saw in Rehberg Blunt Hensarling ple of Brooklyn in this House from 1975 him the best of what the United States has to Reichert Boehner Herger Roe (TN) to 1992. He served with distinction, offer; a country fully engaged with other na- Bonner Hoekstra tions in the effort to bring peace, human Bono Mack Hunter Rogers (AL) boundless energy, great intellect, and a Boozman Inglis Rogers (KY) true passion to pursue justice. rights, and freedom to every corner of the Boustany Jenkins Rogers (MI) I have had the privilege of rep- globe. Rohrabacher Brady (TX) Johnson (IL) resenting a large portion of Brooklyn Steve Solarz served in the New York State Bright Johnson, Sam Rooney Broun (GA) Jones Roskam that was once his district, and I can at- Assembly from 1968 until he was elected to Brown (SC) Jordan (OH) Royce test that he is still fondly remembered the House of Representatives as part of the Buchanan King (IA) Ryan (WI) and admired by the people of Brooklyn. historic Watergate class in 1974. He very soon Burgess King (NY) Scalise became one of the leading voices in Congress Calvert Kingston Schmidt He was also a vigorous advocate for our Camp Kline (MN) Schock communities close to home and for on foreign affairs. He was respected by his Campbell Lamborn Sensenbrenner human dignity around the world. colleagues for his breadth of knowledge and Cantor Lance Sessions Steve was a member of the historic his insight into some of the most vexing inter- Cao Latham Shimkus national issues. Capito Latta Shuster Watergate class of 1974, and he very Carter Lee (NY) Smith (NE) soon became one of the leading voices As Chairman of the Africa Subcommittee, Castle Lewis (CA) Smith (NJ) in Congress on foreign affairs. As chair- he was one of the architects of legislation im- Chaffetz Linder Smith (TX) man of the Africa Subcommittee, he posing sanctions on the Apartheid government Coble LoBiondo Stearns Coffman (CO) Lucas was one of the architects of legislation of South Africa. As Chairman of the Sub- Stutzman Conaway Luetkemeyer Taylor imposing sanctions on the apartheid committee on Asian and Pacific Affairs he led Cooper Lungren, Daniel Terry government of South Africa. As chair- the investigation that exposed the corruption Crenshaw E. Culberson Mack Thompson (PA) man of the Subcommittee on Asian and of the Marcos government in the Phillippines, Davis (KY) Manzullo Thornberry Pacific Affairs, he led the investigation where he is still revered for having steered Tiahrt Dent McCarthy (CA) that exposed the corruption of the U.S. policy away from support of that brutal Dreier McCaul Tiberi Duncan McClintock Turner Marcos Government in the Philippines, and corrupt government, and in support of true Ehlers McCotter Upton where he is still revered for having democratic change which resulted in the elec- Flake McHenry Walden steered U.S. policy away from support tion of Corazon Aquino. Fleming McMorris Westmoreland of that brutal and corrupt government Israel never had a better friend in the Con- Forbes Rodgers Whitfield Fortenberry Mica Wilson (SC) and in support of true democratic gress than Steve Solarz. That commitment Foxx Miller (FL) Wittman change, which resulted in the election was more than just a personal one. He under- Franks (AZ) Miller (MI) Wolf of Corazon Aquino. stood the importance of the U.S.-Israel alli- Frelinghuysen Miller, Gary Young (FL) Israel never had a better friend in the ance to our national interests in a way that NOT VOTING—25 Congress than Steve Solarz. That com- few others did. When he spoke, it was both Barrett (SC) DeFazio Moran (KS) mitment was more than just a personal from the heart and from the head. I think that Boucher Deutch Myrick one. He was one of the architects of the is why he was often so persuasive. Brown-Waite, Fallin Neugebauer plan which was finally adopted by the He was one of the architects of the plan, fi- Ginny Gonzalez Ortiz United Nations to end the bloody war nally adopted by the United Nations, to end Burton (IN) Hastings (FL) Putnam in Cambodia, which brought an end to the bloody war in Cambodia, which brought an Buyer Issa Radanovich Carney Marchant the notorious killing fields. end to the notorious killing fields.

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 9920 E:\CR\FM\A30NO7.028 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7702 CONGRESSIONAL RECORD — HOUSE November 30, 2010 He also used his expertise to help people years here in Congress, earning a bipar- Boren Gerlach Lynch Boswell Giffords Mack on a very personal level. He managed to ne- tisan reputation for his expertise in Boucher Gingrey (GA) Maffei gotiate with the Asad government of Syria the foreign affairs. Boustany Gohmert Maloney right of Syrian Jewish women to emigrate to In an age of partisanship, I will bring Boyd Gonzalez Manzullo the United States because there were no Jew- out that, in a bipartisan nature, he Brady (PA) Goodlatte Markey (CO) Brady (TX) Gordon (TN) Markey (MA) ish men in Syria for them to marry. The free- worked very closely with President Braley (IA) Granger Marshall dom he won for the ‘‘Syrian Brides’’ is still re- Bush 41 in cosponsoring the resolution Bright Graves (GA) Matheson membered fondly in New York’s Syrian Jewish for Operation Desert Storm, and he was Broun (GA) Graves (MO) Matsui community which I now represent. also a principal adviser to President Brown (SC) Grayson McCarthy (CA) Brown, Corrine Green, Al McCarthy (NY) His dedication to religious liberty had a pro- Bill Clinton in his campaign for Presi- Buchanan Green, Gene McCaul found effect on our legal system. In response dent in 1992. He transcended party poli- Burgess Griffith McClintock to the Supreme Court’s decision in Employ- tics. He was a true foreign policy ex- Butterfield Grijalva McCollum ment Division v. Smith, he drafted the Reli- pert, and all of New York mourns his Calvert Guthrie McCotter Camp Gutierrez McDermott gious Freedom Restoration Act, which re- passing. Campbell Hall (NY) McGovern stored the application of strict scrutiny to gov- The SPEAKER pro tempore. Mem- Cantor Hall (TX) McHenry ernmental burdens on the free exercise of reli- bers and guests of the House will please Cao Halvorson McIntyre Capito Hare McKeon gion. Although later gutted by the Supreme rise to observe a moment of silence. Capps Harman McMahon Court with respect to the states, it remains the f Capuano Harper McMorris law of the land at the federal level. Cardoza Hastings (WA) Rodgers Less well known was the so-called MESSAGE FROM THE PRESIDENT Carnahan Heinrich McNerney Carson (IN) Heller Meek (FL) ‘‘Yarmulke Bill,’’ which he introduced in re- A message in writing from the Presi- Carter Hensarling Meeks (NY) sponse to the Supreme Court’s decision in dent of the United States was commu- Cassidy Herger Melancon Goldman v. Weinberger, in which the Court nicated to the House by Ms. Wanda Castle Herseth Sandlin Mica held that Americans serving in uniform had no Castor (FL) Higgins Michaud Evans, one of his secretaries. Miller (FL) religious right to wear even non-obtrusive reli- Chaffetz Hill f Chandler Himes Miller (MI) gious articles such as a yarmulke. The bill Childers Hinchey Miller (NC) eventually passed over vocal opposition from HONORING AIR WINGS AT TRAVIS Chu Hinojosa Miller, Gary the Reagan administration, and remains the Clarke Hirono Minnick AIR FORCE BASE Clay Hodes Mitchell law of the land. The SPEAKER pro tempore. Without Cleaver Hoekstra Mollohan In these endeavors, he managed to bring objection, 5-minute voting will con- Clyburn Holden Moore (KS) together a diverse coalition of religious and Coble Holt Moran (VA) tinue. civil liberties organizations from across the Coffman (CO) Honda Murphy (CT) There was no objection. Cohen Hoyer Murphy (NY) spectrum; from the American Civil Liberties The SPEAKER pro tempore. The un- Cole Hunter Murphy, Patrick Union, to the National Association of Conaway Inglis Murphy, Tim finished business is the question on Evangelicals. Connolly (VA) Inslee Nadler (NY) As a son of Brooklyn, who never forgot suspending the rules and agreeing to Conyers Israel Napolitano Cooper Issa Neal (MA) where he came from, he was always active in the resolution (H. Res. 1585) honoring and recognizing the exemplary service Costa Jackson (IL) Neugebauer the life of the neighborhoods he represented. Costello Jackson Lee Nunes Although not as well known as his more high and sacrifice of the 60th Air Mobility Crenshaw (TX) Nye Wing, the 349th Air Mobility Wing, the Critz Jenkins Oberstar profile accomplishments, he fought for Brook- Crowley Johnson (GA) Obey lyn’s working waterfront as a member of the 15th Expeditionary Mobility Task Force, and the 615th Contingency Re- Cuellar Johnson (IL) Olson Merchant Marine and Fisheries Committee. He Culberson Johnson, E. B. Olver shepherded through the reconstruction of the sponse Wing civilians and families Cummings Johnson, Sam Owens Dahlkemper Jones Pallone historic beach at Coney Island. Whether peo- serving at Travis Air Force Base, Cali- fornia, as amended. Davis (AL) Jordan (OH) Pascrell ple had concerns about local transportation Davis (CA) Kagen Pastor (AZ) issues, or the quality of their schools, Steve The Clerk read the title of the resolu- Davis (IL) Kanjorski Paul tion. Davis (KY) Kaptur Paulsen Solarz was always there fighting for his neigh- Davis (TN) Kennedy Payne bors. The SPEAKER pro tempore. The question is on the motion offered by DeGette Kildee Pence Even after leaving office, Steve Solarz was Delahunt Kilpatrick (MI) Perlmutter a respected voice in international affairs. His the gentleman from California (Mr. DeLauro Kilroy Perriello vast knowledge and experience were of great GARAMENDI) that the House suspend Dent Kind Peters the rules and agree to the resolution, Diaz-Balart, L. King (IA) Peterson importance to decision makers when grappling Diaz-Balart, M. King (NY) Petri with some of the most complex and sensitive as amended. Dicks Kingston Pingree (ME) global issues. We will miss his wise counsel The question was taken. Dingell Kirkpatrick (AZ) Pitts The SPEAKER pro tempore. In the Djou Kissell Platts as we face an increasingly complex future. Doggett Klein (FL) Poe (TX) On a more personal note, Steve Solarz was opinion of the Chair, two-thirds being Donnelly (IN) Kline (MN) Polis (CO) a mensch. He leaves behind friends and col- in the affirmative, the ayes have it. Doyle Kosmas Pomeroy RECORDED VOTE Dreier Kratovil Posey leagues who will miss him very much. Our Driehaus Kucinich Price (GA) country is a better place because of his com- Mr. CONNOLLY of Virginia. Mr. Duncan Lamborn Price (NC) mitment to public service. The people of the Speaker, I demand a recorded vote. Edwards (MD) Lance Quigley world have lost a tireless advocate for free- A recorded vote was ordered. Edwards (TX) Langevin Rahall Ehlers Larsen (WA) Rangel dom and democracy. The SPEAKER pro tempore. This is a Ellison Larson (CT) Reed I want to extend my personal condolences 5-minute vote. Ellsworth Latham Rehberg to Nina Solarz, their children, Randy Glantz The vote was taken by electronic de- Emerson LaTourette Reichert and Lisa Prickett, and to their families. The vice, and there were—ayes 408, noes 0, Engel Latta Reyes Etheridge Lee (CA) Richardson Nation shares in their loss, and wishes them not voting 25, as follows: Farr Lee (NY) Rodriguez well. [Roll No. 585] Fattah Levin Roe (TN) Mr. RANGEL. Mr. Speaker, I would Filner Lewis (CA) Rogers (AL) AYES—408 Flake Lewis (GA) Rogers (KY) like to recognize my friend and col- Ackerman Baird Bilirakis Fleming Linder Rogers (MI) league, the gentleman from New York, Aderholt Baldwin Bishop (GA) Forbes Lipinski Rohrabacher PETER KING. Adler (NJ) Barrow Bishop (NY) Fortenberry LoBiondo Rooney Mr. KING of New York. I thank the Akin Bartlett Bishop (UT) Foster Loebsack Ros-Lehtinen Alexander Barton (TX) Blackburn Foxx Lofgren, Zoe Roskam gentleman for yielding. Altmire Bean Blumenauer Frank (MA) Lowey Ross Mr. Speaker, I want to join with my Andrews Becerra Blunt Franks (AZ) Lucas Rothman (NJ) colleagues in expressing condolences Arcuri Berkley Boccieri Frelinghuysen Luetkemeyer Roybal-Allard on the death of Steve Solarz, who Austria Berman Boehner Fudge Luja´ n Royce Baca Berry Bonner Gallegly Lummis Ruppersberger served with distinction in the New Bachmann Biggert Bono Mack Garamendi Lungren, Daniel Ryan (OH) York State Legislature and for many Bachus Bilbray Boozman Garrett (NJ) E. Ryan (WI)

VerDate Mar 15 2010 04:34 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.029 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7703 Salazar Skelton Tonko The vote was taken by electronic de- Neal (MA) Roskam Stupak ´ Sanchez, Linda Slaughter Towns vice, and there were—ayes 404, noes 0, Neugebauer Ross Stutzman T. Smith (NE) Turner Nunes Rothman (NJ) Sullivan Sanchez, Loretta Smith (NJ) Upton not voting 29, as follows: Nye Roybal-Allard Sutton Sarbanes Smith (TX) Oberstar Royce Van Hollen [Roll No. 586] Tanner Scalise Smith (WA) Vela´ zquez Obey Ruppersberger Taylor Schakowsky Snyder Visclosky AYES—404 Olson Ryan (OH) Teague Schauer Speier Walden Olver Ryan (WI) Terry Schiff Spratt Ackerman Davis (KY) Jones Owens Salazar Walz Thompson (CA) Schmidt Stark Aderholt Davis (TN) Jordan (OH) Pallone Sa´ nchez, Linda Wasserman Adler (NJ) DeGette Kagen Thompson (MS) Schock Stearns Schultz Pascrell T. Schrader Stupak Akin Delahunt Kanjorski Thompson (PA) Watson Pastor (AZ) Sanchez, Loretta Schwartz Stutzman Alexander DeLauro Kaptur Paul Sarbanes Thornberry Watt Scott (GA) Sullivan Altmire Dent Kennedy Paulsen Scalise Tiahrt Waxman Scott (VA) Sutton Andrews Diaz-Balart, L. Kildee Payne Schakowsky Tiberi Weiner Sensenbrenner Tanner Arcuri Diaz-Balart, M. Kilpatrick (MI) Pence Schauer Tierney Serrano Taylor Welch Austria Dicks Kilroy Perlmutter Schiff Titus Sessions Teague Westmoreland Baca Dingell Kind Perriello Schmidt Tonko Sestak Terry Whitfield Bachmann Djou King (IA) Peters Schock Towns Shadegg Thompson (CA) Wilson (OH) Bachus Doggett King (NY) Peterson Schwartz Turner Shea-Porter Thompson (MS) Wilson (SC) Baird Donnelly (IN) Kingston Petri Scott (GA) Upton Sherman Thompson (PA) Wittman Baldwin Doyle Kirkpatrick (AZ) Pingree (ME) Scott (VA) Van Hollen Barrow Dreier Kissell Shimkus Thornberry Wolf Pitts Sensenbrenner Vela´ zquez Bartlett Driehaus Klein (FL) Shuler Tiahrt Woolsey Platts Serrano Visclosky Barton (TX) Duncan Kline (MN) Shuster Tiberi Yarmuth Poe (TX) Sessions Walden Bean Edwards (MD) Kosmas Simpson Tierney Young (AK) Polis (CO) Sestak Walz Sires Titus Young (FL) Becerra Edwards (TX) Kratovil Pomeroy Shadegg Berkley Ehlers Kucinich Wasserman Posey Shea-Porter Schultz NOT VOTING—25 Berman Ellison Lamborn Price (GA) Sherman Berry Ellsworth Lance Waters Barrett (SC) Eshoo Putnam Price (NC) Shimkus Watson Biggert Emerson Langevin Quigley Shuler Brown-Waite, Fallin Radanovich Watt Ginny Hastings (FL) Rush Bilbray Engel Larsen (WA) Rahall Shuster Bilirakis Etheridge Larson (CT) Waxman Burton (IN) Marchant Space Rangel Simpson Bishop (GA) Farr Latham Weiner Buyer Miller, George Tsongas Reed Sires Bishop (NY) Fattah LaTourette Welch Carney Moore (WI) Wamp Rehberg Skelton Courtney Moran (KS) Bishop (UT) Filner Latta Reichert Slaughter Westmoreland Waters Blackburn Flake Lee (CA) Whitfield DeFazio Myrick Wu Richardson Smith (NE) Deutch Ortiz Blumenauer Fleming Lee (NY) Rodriguez Smith (NJ) Wilson (OH) Blunt Forbes Levin Roe (TN) Smith (TX) Wilson (SC) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boccieri Fortenberry Lewis (CA) Rogers (AL) Smith (WA) Wittman The SPEAKER pro tempore (during Bonner Foster Lewis (GA) Rogers (KY) Snyder Wolf the vote). There are 2 minutes remain- Bono Mack Foxx Linder Rogers (MI) Speier Woolsey Boozman Frank (MA) Lipinski ing on this vote. Rohrabacher Spratt Yarmuth Boren Franks (AZ) LoBiondo Rooney Stark Young (AK) Boswell Frelinghuysen Loebsack Ros-Lehtinen Stearns Young (FL) b 1618 Boucher Fudge Lofgren, Zoe So (two-thirds being in the affirma- Boustany Gallegly Lowey NOT VOTING—29 Boyd Garamendi Lucas tive) the rules were suspended and the Barrett (SC) Deutch Ortiz Brady (PA) Garrett (NJ) Luetkemeyer Boehner Eshoo Putnam resolution was agreed to. Brady (TX) Gerlach Luja´ n Brown-Waite, Fallin Radanovich The result of the vote was announced Braley (IA) Giffords Lummis Ginny Gordon (TN) Reyes Bright Gingrey (GA) Lungren, Daniel as above recorded. Burton (IN) Grijalva Rush Broun (GA) Gohmert E. A motion to reconsider was laid on Buyer Hastings (FL) Schrader Brown (SC) Gonzalez Lynch Calvert Johnson, E. B. Space the table. Brown, Corrine Goodlatte Mack Carney Marchant Tsongas Stated for: Buchanan Granger Maffei Courtney Moran (KS) Wamp Burgess Graves (GA) Maloney Mr. GEORGE MILLER of California. Mr. DeFazio Myrick Wu Speaker, earlier today, I was unavoidably de- Butterfield Graves (MO) Manzullo Camp Grayson Markey (CO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tained and missed rollcall vote No. 585, on H. Campbell Green, Al Markey (MA) Res. 1585. Had I been present, I would have Cantor Green, Gene Marshall The SPEAKER pro tempore (during proudly voted ‘‘yea’’ in support of this impor- Cao Griffith Matheson the vote). There are 2 minutes remain- Capito Guthrie Matsui ing in this vote. tant resolution honoring the men and women Capps Gutierrez McCarthy (CA) serving at Travis Air Force Base. Capuano Hall (NY) McCarthy (NY) f Cardoza Hall (TX) McCaul b 1629 Carnahan Halvorson McClintock HONORING NATIONAL GUARD ON Carson (IN) Hare McCollum So (two-thirds being in the affirma- 374TH ANNIVERSARY Carter Harman McCotter tive) the rules were suspended and the Cassidy Harper McDermott The SPEAKER pro tempore (Mr. Castle Hastings (WA) McGovern resolution was agreed to. LANGEVIN). The unfinished business is Castor (FL) Heinrich McHenry The result of the vote was announced the question on suspending the rules Chaffetz Heller McIntyre as above recorded. Chandler Hensarling McKeon and agreeing to the resolution (H. Res. Childers Herger McMahon A motion to reconsider was laid on 1740) recognizing and honoring the Na- Chu Herseth Sandlin McMorris the table. tional Guard on the occasion of its Clarke Higgins Rodgers Clay Hill McNerney 374th anniversary. Cleaver Himes Meek (FL) f The Clerk read the title of the resolu- Clyburn Hinchey Meeks (NY) tion. Coble Hinojosa Melancon REPORT ON RESOLUTION PRO- The SPEAKER pro tempore. The Coffman (CO) Hirono Mica Cohen Hodes Michaud VIDING FOR CONSIDERATION OF question is on the motion offered by Cole Hoekstra Miller (FL) HOUSE JOINT RESOLUTION 101, the gentleman from California (Mr. Conaway Holden Miller (MI) FURTHER CONTINUING APPRO- GARAMENDI) that the House suspend Connolly (VA) Holt Miller (NC) PRIATIONS, FISCAL YEAR 2011 the rules and agree to the resolution. Conyers Honda Miller, Gary Cooper Hoyer Miller, George Mr. PERLMUTTER, from the Com- The question was taken. Costa Hunter Minnick The SPEAKER pro tempore. In the Costello Inglis Mitchell mittee on Rules, submitted a privi- opinion of the Chair, two-thirds being Crenshaw Inslee Mollohan leged report (Rept. No. 111–664) on the in the affirmative, the ayes have it. Critz Israel Moore (KS) resolution (H. Res. 1741) providing for Crowley Issa Moore (WI) RECORDED VOTE Cuellar Jackson (IL) Moran (VA) consideration of the joint resolution Mr. SCHRADER. Mr. Speaker, I de- Culberson Jackson Lee Murphy (CT) (H.J. Res. 101) making further con- mand a recorded vote. Cummings (TX) Murphy (NY) tinuing appropriations for fiscal year A recorded vote was ordered. Dahlkemper Jenkins Murphy, Patrick 2011, and for other purposes, which was Davis (AL) Johnson (GA) Murphy, Tim The SPEAKER pro tempore. This is a Davis (CA) Johnson (IL) Nadler (NY) referred to the House Calendar and or- 5-minute vote. Davis (IL) Johnson, Sam Napolitano dered to be printed.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.021 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7704 CONGRESSIONAL RECORD — HOUSE November 30, 2010 REPORT ON RESOLUTION PRO- which annually brings 600 children from through his dedicated support of youth VIDING FOR CONSIDERATION OF Latino and non-Latino low-income families and their educational aspirations. Over S. 3307, HEALTHY, HUNGER-FREE or broken homes to a municipal golf course the past 3 years, he has raised over KIDS ACT OF 2010 to learn responsibility and discipline by $824,000 for CHCI’s Scholarship Awards working at the various jobs in golf; Mr. PERLMUTTER, from the Com- Whereas the Chi Chi Rodriguez Academy’s Program to assist Latino youths in mittee on Rules, submitted a privi- program is based on love and respect, one their pursuit of higher education. leged report (Rept. No. 111–665) on the that builds confidence, instills discipline and These efforts have resulted in financial resolution (H. Res. 1742) providing for provides positive educational experiences; support for more than 430 scholarships. consideration of the bill (S. 3307) to re- and Moreover, Mr. Rodriguez continues to authorize child nutrition programs, Whereas the Chi Chi Rodriguez Youth contribute to his own Chi Chi Foundation has earned a number of awards, and for other purposes, which was re- Rodriguez Youth Foundation, which including the National Golf Foundation funds the Chi Chi Rodriguez Academy. ferred to the House Calendar and or- Award for the Best Youth Program in the dered to be printed. United States in 1986, the Pinellas County The Chi Chi Rodriguez Academy as- sists at-risk children by improving f Sports Salute XVIII for working with youth in 1990, the 758th Point of Light in 1992, the their self-esteem, character, work ANNOUNCEMENT BY THE SPEAKER Gannett Company’s USA Weekend Most Val- ethic, social adjustment, and academic PRO TEMPORE uable Athlete Award in 1983, based on an ath- performance, using the golf course as a The SPEAKER pro tempore. Pursu- lete’s contribution, caring and commitment living classroom. Mr. RODRIGUEZ has ant to clause 8 of rule XX, the Chair off the field, and the Robie Award for Hu- raised more than $4 million for his will postpone further proceedings manitarianism, presented by the Jackie Rob- academy, which every year brings 600 inson Foundation in 1996: Now, therefore, be today on motions to suspend the rules it children from low-income families or on which a recorded vote or the yeas Resolved, That the House of Representa- broken homes to a golf course to learn and nays are ordered, or on which the tives— responsibility and discipline through vote incurs objection under clause 6 of (1) honors and salutes Juan Antonio ‘‘Chi the game of golf. rule XX. Chi’’ Rodriguez for his contributions to the Chi Chi Rodriguez’s work for CHCI Record votes on postponed questions successful programs of the Congressional and his foundation have been recog- will be taken later. Hispanic Caucus Institute for Latino youth nized numerous times, including an in- and his lifelong leadership in shaping the duction into the World Humanitarian f lives of at-risk youth who benefit from the generosity and devotion of the Chi Chi Sports Hall of Fame in 1994 and receiv- HONORING GOLF LEGEND JUAN ing the Congressional Hispanic Caucus ANTONIO ‘‘CHI CHI’’ RODRIGUEZ Rodriguez Youth Foundation; and (2) directs the Clerk of the House of Rep- Institute renowned Service Award in Ms. WOOLSEY. Mr. Speaker, I move resentatives to make available an enrolled the year 2010. to suspend the rules and agree to the copy of this resolution to the Congressional Mr. Speaker, I ask my colleagues to resolution (H. Res. 1430) honoring and Hispanic Caucus Institute and to the Chi Chi join me in supporting this resolution to saluting golf legend Juan Antonio ‘‘Chi Rodriguez Youth Foundation. honor and salute golf legend Juan An- Chi’’ Rodriguez for his commitment to The SPEAKER pro tempore. Pursu- tonio ‘‘Chi Chi’’ Rodriguez for his com- Latino youth programs of the Congres- ant to the rule, the gentlewoman from mitment to Latino youth programs of sional Hispanic Caucus Institute, as California (Ms. WOOLSEY) and the gen- the Congressional Hispanic Caucus. amended. tleman from Tennessee (Mr. ROE) each I reserve the balance of my time. The Clerk read the title of the resolu- will control 20 minutes. Mr. ROE of Tennessee. Mr. Speaker, I tion. The Chair recognizes the gentle- yield myself as much time as I may The text of the resolution is as fol- woman from California. consume. lows: GENERAL LEAVE Chi Chi Rodriguez was born into a H. RES. 1430 Ms. WOOLSEY. Mr. Speaker, I re- poor family in Puerto Rico, and by the Whereas Juan Antonio ‘‘Chi Chi’’ quest 5 legislative days during which time he was 9 years old he was pro- Rodriguez taught himself how to play golf; Members may revise and extend and in- ficient at golf. And in 1947, at the age Whereas Rodriguez’ strive for perfection, sert extraneous material on House Res- of 12, he scored a remarkable 67, which along with his uncompromising sportsman- olution 1430 into the RECORD. I do many times, but I haven’t com- ship, resulted in a lifetime 38 professional pleted 18 holes of golf at that time. wins, including 8 PGA Tour wins and 22 Sen- The SPEAKER pro tempore. Is there ior PGA Tour wins; objection to the request of the gentle- Rodriguez turned professional in 1960. Whereas Rodriguez was the first Puerto woman from California? In 1963, at age 28, he won the Denver Rican inducted into the World Golf Hall of There was no objection. Open, which he considers as his favor- Fame and was elected to the World Humani- Ms. WOOLSEY. Mr. Speaker, I yield ite win. In total, he won eight titles on tarian Sports Hall of Fame in 1994; myself such time as I may consume. the PGA Tour between 1963 and 1979. Whereas the Congressional Hispanic Cau- Mr. Speaker, I rise today in support And Rodriguez became eligible to play cus Institute (CHCI), a Latino youth leader- of House Resolution 1430, which honors on the Senior Tour, now known as the ship development and educational organiza- and salutes golf legend Juan Antonio Champions Tour, in 1985, and did so for tion in the United States, honored Rodriguez with the CHCI Service Award for his ongoing Rodriguez, widely known as Chi Chi many years with great success, accu- commitment to providing opportunities for Rodriguez, for his commitment to the mulating 22 tournament victories be- Latino youth to succeed; Latino Congressional Hispanic Caucus tween 1986 and 1993. He was the first Whereas Rodriguez is a supporter of CHCI’s Institute, or CHCI. Mr. Rodriguez is an player on the Senior PGA Tour to win Fiesta de Golf Scholarship Challenge, and extraordinarily accomplished golfer. the same event in three consecutive helped raise more than $824,000 for CHCI’s With 38 professional wins, including years, and he set a Tour record with Scholarship Awards Program the past three eight PGA Tour and 22 Senior PGA eight consecutive birdies en route to a years; Tour victories, it is no surprise that he win in the 1987 Silver Classic. Whereas Rodriguez’ efforts resulted in fi- nancial support for more than 430 scholar- was inducted in 1992 into the World In 1989, he was voted the Bobby Jones ships over the past three years to help Golf Hall of Fame, the first Puerto Award, the highest honor given by the Latino youth to attend institutions of higher Rican ever to earn this honor. United States Golf Association, in rec- education; Chi Chi Rodriguez worked hard for ognition of distinguished sportsman- Whereas Rodriguez remains active with his his success and has never forgotten his ship in golf. In 1991, he lost an 18-hole own Chi Chi Rodriguez Youth Foundation, roots in Puerto Rico, where he worked playoff to the legendary Jack Nicklaus which funds the Chi Chi Rodriguez Academy, for a dollar a day cutting sugar cane. in the U.S. Senior Open. In 1992, Chi whose mission is to assist at-risk children by Using his surroundings to teach him- Chi Rodriguez was inducted into the improving their self-esteem, character, work ethic, social adjustment, and academic per- self the game of golf, he used a tree World Golf Hall of Fame, the first formance, using the golf course as a living branch as a golf club and a metal can Puerto Rican so honored. classroom; as a golf ball. Rodriguez considers a brief encounter Whereas Rodriguez has helped raise more Chi Chi Rodriguez has worked as tire- with Mother Teresa as the greatest mo- than $4 million for his youth foundation, lessly off the course as well as on it ment in his life. This event inspired

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.066 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7705 him to help others. Together with are honoring him. I want people to re- His success on the links has earned former golf pro Bill Hayes and Bobby member that and my colleagues to re- Chi Chi Rodriguez a special place in Jones, Rodriguez established the Chi member that. This is not about a golf- history. Chi Rodriguez Youth Foundation, er, this is about an individual who was However, his work, and I state, how- which funds the Chi Chi Rodriguez willing to do as much as he can to help ever his work in helping many dis- Academy, whose mission is to assist at- other individuals. advantaged children has earned Chi Chi risk youth by improving their self-es- Chi Chi Rodriguez’s robust charitable a special place in each of our hearts, teem, character, work ethic, social ad- contributions for the benefit of at-risk because it’s about giving, it’s not about justment, and academic performance, and underprivileged youth have helped receiving, it’s about helping others, not using the golf course as a living class- thousands of young people. He and his about what you get. He wasn’t about room. wife, Iwalani, have changed lives, and me, myself and Irene, it was about Rodriguez has helped raise more than can you imagine many individuals what can I do to help others. And $4 million for his foundation, which an- lives that are changed because someone that’s what Chi Chi wanted to do. He nually brings 600 children from Latino cared, someone touched their lives, wanted to touch those lives. and non-Latino families or broken someone gave them direction, someone He proved that humble beginnings do homes to learn life skills by working gave them confidence in themselves not define a person. He has shown us various jobs in golf. and said, you know what, there is a that with hard work and determination I urge my colleagues to support this better way of life. that you can be successful, but you can resolution. Chi Chi wanted to make a better way be caring and you can give back. Be- I reserve the balance of my time. of life for many individuals, and that’s cause the Lord gave him something, Ms. WOOLSEY. Mr. Speaker, I am why we are honoring him and that’s and he wanted to return something pleased to yield the gentleman from why we are recognizing them. They back to others. California, Congressman BACA, as have strengthened self-confidence and By giving back to help our youth, he much time as he may consume. fostered stellar discipline in many taught us. Please join me in honoring Mr. BACA. Mr. Speaker, I rise in young people by founding the Chi Chi and saluting Chi Chi Rodriguez. I urge strong support of H.R. 1430, honoring Rodriguez Academy. all Members to support the passage of and saluting golf legend Juan Antonio The mission of the academy is to as- H. Res. 1430. ‘‘Chi Chi’’ Rodriguez. First, I would sist at-risk children by improving their Mr. CHAFFETZ. Will the gentleman like to thank Chairman GEORGE MIL- self-esteem, character, work ethic, so- yield? LER, Ranking Member JOHN KLINE, cial adjustment, and academic per- Mr. BACA. I yield to the gentleman Subcommittee Chair CAROLYN MCCAR- formance, using the golf course as a from Utah. Mr. CHAFFETZ. My understanding is THY, Ms. WOOLSEY, Ranking Member living classroom. In addition, the Con- that you are actually a board member TODD RUSSELL PLATTS, and Mr. ROE. I gressional Hispanic Caucus Institute of the Congressional Hispanic Insti- want to take the time to thank all of honored Chi Chi Rodriguez with a CHCI tute, is that correct? my colleagues for their support. Service Award for his ongoing commit- Mr. BACA. Yes. I rise today in strong support of H.R. ment to providing opportunities for Mr. CHAFFETZ. My understanding is 1430, to honor Juan Antonio ‘‘Chi Chi’’ Latino youth to succeed. that actually 13 of the 28 sponsors of Rodriguez. In 1935, Chi Chi Rodriguez His support of CHCI’s fiesta, which is was born into a poor family in Rio this bill are on the board of this, is a bipartisan Fiesta de Golf Scholarship that correct? Piedras, Puerto Rico. He was one of six Challenge, has helped raise more than siblings. His father used to earn only Mr. BACA. Yes. $824,000 for CHCI’s Scholarship Awards Would you like to join? We would $18 a week as a laborer and cattle herd- Program over the past 3 years. These er. His mother was a housekeeper. love to have you join and be part of the are a sample of many of the 430-some sponsors as well. Because we also have, Their family struggled. When Chi Chi scholarships that have helped many of was only 7 years old, he helped families from your side, a member of our board our kids, Javier Acolan, Ranier Gon- that’s on that board as well. by earning money as a water carrier on zalez, Ashley Garcia. These are a few of the sugar plantation. Mr. CHAFFETZ. My understanding is many that I could name here tonight that the Congressional Hispanic Cau- b 1640 but when you look at the faces and you cus Institute is an independent 501(c)3. He soon learned that he could earn look at individuals who had an oppor- Mr. BACA. That’s correct. more money as a caddy. At that time, tunity to pursue their education, be- Mr. CHAFFETZ. My question, my he also taught himself how to play come successful, contribute to our soci- concern about this is I have one about golf—and that is very difficult for any- ety, this is what Chi Chi is about, im- recognizing sports folks—and that’s a one who is playing golf. I have been proving our communities, making sure separate issue. He has certainly accom- playing golf for some time, and it’s that they become productive in our plished so much on the golf course and still very difficult, and I am still trying communities. off the golf course. I admire the work to learn—by using tree limbs and a Chi Chi has received many other hu- that you have done in this Congress. metal can hammered into a ball. manitarian awards due to his giving Mr. BACA. Thank you. With unyielding determination and nature and leadership. He has received Mr. CHAFFETZ. But it does seem to discipline by 9 years of age, Chi Chi the Salvation Army Gold Crest Award be a huge conflict of interest to spon- could play and win. Boy, that’s dif- and the Good Sport Award from Sports sor a bill recognizing Chi Chi ficult. You know, we wish we could Illustrated for Kids. Rodriguez, who then, in turn for his ac- play and would have played when we He was inducted into the World Sport complishments for youth programs of were young like that at the age of 9. Humanitarian Hall of Fame and re- the Congressional Hispanic Caucus In- His uncompromising sportsmanship ceived an honorary doctor of humane stitute. Isn’t that a conflict of inter- resulted in a lifetime 38 professional letters degree from Georgetown College est? wins, including eight PGA wins, 1963, in Kentucky. He also received the Mr. BACA. No, it’s not. It’s really 1964, 1967, 1968, 1972, 1973 and 1979, and American Education Award from the thinking about someone who has con- 22 senior PGA Tour wins. American Association of School Ad- tributed, someone who has done an Chi Chi Rodriguez was inducted into ministrators. awful lot. And it’s bipartisan individ- the PGA World Hall of Fame in 1992. With his support, The Chi Chi uals, both Republican and Democrat, However, his legacy does not end on Rodriguez Youth Foundation earned that belong to the CHCI board as well. the links. And I want to remind every- the National Golf Foundation Award We welcome the new Members that body, this resolution is not about his for the Best Youth Program in the were elected to become part of that golf and what he did for golf, but it’s United States in 1986 and the Robie board that will say, you know what, we about what he did as a human being Award for Humanitarianism presented have got to honor individuals. and his contributions and scholarships by The Jackie Robinson Foundation in It’s not about a conflict of interest, to many individuals, and that’s why we 1996. it’s not about anything else. It’s about

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.067 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7706 CONGRESSIONAL RECORD — HOUSE November 30, 2010 doing something that’s positive for in- Rodriguez has accomplished amazing is a benefit to the Congressional His- dividuals. When someone is going to re- feats. There’s no doubt in my mind panic Caucus Institute. They can use ceive something in return, then it be- about this. But I feel as if the floor of this as a tool to go out and solicit more comes a conflict of interest. But we are the House of Representatives is being money, more support, and grow their not receiving anything in return. All used for Members’ own personal bene- own personal foundation. It’s not some- we are doing is honoring an individual. fits to actually move forward their own thing that’s afforded to other founda- Mr. ROE of Tennessee. Mr. Speaker, I foundation. And that is the concern. tions. And the only reason this is mov- yield 5 minutes to the gentleman from There are thousands, as you just ing forward is because we have 13 Mem- Utah (Mr. CHAFFETZ). agreed to, thousands of foundations bers in this body that are cosponsors of Mr. CHAFFETZ. Mr. Speaker, if the that do great work, that inspire kids this legislation that sit on the board of gentleman from California would en- and youth. That’s part of what makes directors. And that is of deep concern. gage with me here, I do have a few this country such a great country. But Ms. WOOLSEY. Mr. Speaker, I am more questions, and I appreciate the the only reason this bill is moving for- pleased to yield 1 minute to the gen- dialogue and the passion you have for ward today, the reason it’s coming to tleman from California (Mr. BACA). this. the floor of the House, is that we have Mr. BACA. I know we are on the sub- One of my concerns is that it actu- 13 Members of Congress who serve on ject of recognizing the sports indi- ally, I think, detracts from the idea of the board of directors of this, which vidual, and I would like just for the the accomplishments of Chi Chi seems like a conflict of interest. record to state that my colleague that Rodriguez and also the good work that If you want to address that, I would just spoke actually supported a resolu- I am sure that the Congressional His- be happy to yield more time to you to tion to support a sports individual as panic Caucus Institute has done. But to address it. well, and that was H. Res. 942, for the say that there is nothing in receipt, Mr. BACA. Once again, I would like record. So if we are going to be con- that it’s all about giving and no receiv- to state for the record that this is not sistent, let’s be consistent on both an- ing, it seems to me, on the appearance a conflict of interest. This is about bi- gles. of it, that there is a huge conflict of in- partisan individuals who sit on the With that, I would like to, once terest. For Members of Congress, who board who continue to want to provide again, state that many corporations serve independently on a 501(c)3, they assistance to many individuals who are and many individuals give because serve independently with this organiza- in need of help. Whether it’s this orga- they’re good corporate citizens, be- tion, with a fiduciary responsibility to nization or whether it’s any other or- cause they want to make our commu- that organization, to use the office of ganization, I think it’s important that nities a lot better. They want to pro- being a Member in Congress to advance we do recognize individuals that are vide an opportunity for individuals to legislation that is surely, surely going willing to give of their time and their enhance their education, further their to benefit the Congressional Hispanic effort to make life better for someone education, be productive citizens. And Caucus Institute. else. And this is a humanitarian indi- sometimes many individuals cannot af- I would be happy to yield some of my vidual. ford to go on to a college or university. time to address this. Mr. CHAFFETZ. Reclaiming my It’s that assistance that we give to in- Mr. BACA. Thank you. Again, this is time, Mr. Speaker, I do appreciate the dividuals that will allow an individual about children. gentleman addressing the questions. I to further their education, thus for be- Mr. CHAFFETZ. Reclaiming my really do. One of the concerns that is coming productive individuals. time, for the record, I have absolutely there is if you look at the opportunity, This is an individual that has helped no doubt that the Congressional His- if you will, to attract corporate money in that endeavor to make sure that we panic Caucus Institute does good. You to this. I went to the Web site today. raise the additional money, whether have mentioned some scholarships. I These companies donate in excess of it’s for this institution or whether it’s have looked at the Web site. There is $200,000 to the Congressional Hispanic for other institutions. I belong to a va- no doubt. There is no question in my Caucus Institute: AstraZeneca, Exxon riety of different institutions that mind. My question is, why this par- Mobil, Toyota, Wal-Mart. These are raise money on a bipartisan basis to ticular foundation, one that you serve companies that donate over $100,000, make sure that we allow many individ- on the board of directors. according to the Website: AFL–CIO and uals to be productive individuals with- This country has thousands of foun- affiliate unions, Altria Group, Amer- in our communities. dations that do good work. But if the ican Petroleum Institute, Anheuser- Ms. WOOLSEY. I would like to know threshold here, and my understanding Busch, AT&T, Change to Win and affil- how much time we have on both sides, is the institute raises in the neighbor- iate unions, Comcast Corporation, Dell, Mr. Speaker. hood of 6 to $7 million—— Lilly, Lockheed Martin, Motorola, The SPEAKER pro tempore. The gen- Mr. BACA. Will the gentleman yield? PepsiCo, Southwest, State Farm Insur- tlewoman from California has 71⁄2 min- Mr. CHAFFETZ. I yield to the gen- ance, Telemundo, Time Warner Cable, utes remaining. The gentleman from tleman from California. the Coca-Cola Company, Tennessee has 12 minutes remaining. Mr. BACA. We would love to honor UnitedHealthcare Foundation, Mr. ROE of Tennessee. I yield 1 other foundations and other individ- Univision, UPS. minute to the gentleman from Utah. uals as well. This is only one of many The purpose of this bill, according to Mr. CHAFFETZ. Mr. Speaker, what that we should recognize, just as I am the resolution, the very last line here, the gentleman from California pointed honoring Arnold Palmer that we gave is to direct the Clerk of the House of out is true. Previously I had sponsored the Congressional Gold Medal. And at Representatives to make available an and voted for resolutions regarding one time I hope you are here to cele- enrolled copy of this resolution to the sports folks. I finally realized this is a brate when we have the actual gold Congressional Hispanic Caucus Insti- colossal waste of time. I took a pledge medal that we will present under your tute, of which 13 Members of this body that I was no longer going to do it. I leadership that we will be able to do sit on the board of directors, and to the did it in the past. It was wrong. We here on the floor later on next year be- Chi Chi Rodriguez Youth Foundation. have people unemployed. We have peo- cause it won’t happen now. The SPEAKER pro tempore. The ple who can’t meet their mortgages. time of the gentleman has expired. Mr. BACA. It wasn’t wrong. It was a b 1650 Mr. ROE of Tennessee. Mr. Speaker, I good thing you did. Mr. CHAFFETZ. Reclaiming my yield the gentleman 3 additional min- Mr. CHAFFETZ. I have come to find time, I feel, Mr. Speaker, that this is a utes. I think they are absolutely a colossal colossal waste of time to recognize Mr. CHAFFETZ. Mr. Speaker, just to waste of time. Even though they’re a sports heroes. That is a separate sub- finish the conclusion of that thought, lot of good people, but we’re not recog- ject. That is a separate subject. Last the reason, at least from my vantage nizing taking care of the people’s busi- week I voted against Joe Paterno, for point, and I would hope that you would ness. That’s my own personal belief. goodness’ sakes, one of the great foot- address this, the reason that this reso- But to clarify the question that you ball coaches in this country. Chi Chi lution is moving forward is that there had, yes, I did do that in the past. I

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.068 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7707 wish I hadn’t, but I’m a freshman. I States, the District of Columbia, America GEAR UP funds are also used to pro- made a mistake, and I’m moving for- Samoa, Micronesia, and Puerto Rico; vide college scholarships to low-income ward. Whereas GEAR UP students are taking students. Students participating in the Mr. BACA. I appreciate your doing it more rigorous and advanced courses, grad- GEAR UP program, Mr. Speaker, are uating from high school and enrolling in in the past, and I look forward to your postsecondary education at rates signifi- encouraged in a variety of ways to continued support. cantly higher than their low-income peers; enter and complete postsecondary edu- Mr. ROE of Tennessee. Mr. Speaker, I Whereas these remarkable achievements cation. They may visit local postsec- have no further requests for time, and are attributable to the selfless dedication of ondary institutions and survey classes I yield back the balance of my time. the students, families, education profes- that interest them, learn about finan- Ms. WOOLSEY. Mr. Speaker, again, I sionals, and business and community leaders cial aid and scholarship opportunities, ask my colleagues to join me in sup- involved in GEAR UP; or meet with a counselor for career porting this resolution to honor and sa- Whereas in September 2009 GEAR UP Day planning. lute golf legend Juan Antonio ‘‘Chi was recognized across the United States, in- I want to thank Representative cluding proclamations by the Governors of FATTAH for introducing this resolution Chi’’ Rodriguez for his commitment to the States of Iowa, Maine, Ohio, Oklahoma, Latino youth programs of the Congres- and West Virginia, the Governor of American and, once again, express my support for sional Hispanic Caucus Institute. Samoa, and other observances noticed in the House Resolution 1638, which cele- Mr. Rodriguez uses his experience Congressional Record on Tuesday, Sep- brates National GEAR UP Day. and his career success to expand oppor- tember 22, 2009; and I reserve the balance of my time. tunities for disadvantaged youth, and Whereas September 29, 2010, would be an Mr. ROE of Tennessee. Mr. Speaker, I he helps them reach their full poten- appropriate day to designate as National yield myself such time as I may con- GEAR UP Day: Now, therefore, be it tial. I thank Representative BACA for sume. Resolved, That the House of Representa- Mr. Speaker, I rise today in support his leadership in bringing this resolu- tives— tion forward. of House Resolution 1638, supporting (1) supports the goals and ideals of a Na- the goals and ideals of National GEAR I yield back the balance of my time. tional GEAR UP Day; The SPEAKER pro tempore. The (2) recognizes with gratitude the contribu- UP Day. While access to postsecondary edu- question is on the motion offered by tions of caring teachers, counselors, and pro- cation is a barrier for many low-in- the gentlewoman from California (Ms. gram staff who encourage and prepare stu- come students, far too many students WOOLSEY) that the House suspend the dents for success in college; and who enter college fail to complete pro- rules and agree to the resolution, H. (3) encourages all students to set ambi- tious goals and to work hard to achieve their grams and attain credentials. The goal Res. 1430, as amended. dreams. of the Gaining Early Awareness and The question was taken. Readiness for Undergraduate Pro- The SPEAKER pro tempore. In the The SPEAKER pro tempore. Pursu- grams, GEAR UP, program is to ad- opinion of the Chair, two-thirds being ant to the rule, the gentlewoman from dress both access and success changes in the affirmative, the ayes have it. California (Ms. WOOLSEY) and the gen- to ensure more low-income students Mr. ROE of Tennessee. Mr. Speaker, I tleman from Tennessee (Mr. ROE) will succeed in the workforce. GEAR UP object to the vote on the ground that a each control 20 minutes. The Chair recognizes the gentle- provides 6-year grants to States and quorum is not present and make the woman from California. partnerships to provide services at point of order that a quorum is not high-poverty middle schools and high present. b 1700 schools. GEAR UP grantees serve an The SPEAKER pro tempore. Pursu- GENERAL LEAVE entire cohort of students beginning no ant to clause 8 of rule XX and the Ms. WOOLSEY. Mr. Speaker, I re- later than the seventh grade and follow Chair’s prior announcement, further quest 5 legislative days during which the cohort through high school or their proceedings on this motion will be Members may revise and extend their first year of college. GEAR UP funds postponed. remarks and insert extraneous mate- are also used to provide college schol- The point of no quorum is considered rial on House Resolution 1638 into the arships to low-income students. withdrawn. RECORD. Nearly 77 million Americans will re- f The SPEAKER pro tempore. Is there tire over the next several decades, and SUPPORTING NATIONAL GEAR UP objection to the request of the gentle- the United States will face a worker DAY woman from California? gap, a skills gap, and a wage gap. Fill- There was no objection. ing these gaps will require developing Ms. WOOLSEY. Mr. Speaker, I move Ms. WOOLSEY. Mr. Speaker, I yield better trained and more skilled work- to suspend the rules and agree to the myself such time as I may consume. ers for productive jobs with upward resolution (H. Res. 1638) supporting the Mr. Speaker, I rise today in support mobility. Ensuring that the Nation’s goals and ideals of National GEAR UP of House Resolution 1638 which recog- youth enter adulthood well educated, Day. nizes the goals and ideals of National prepared for work, and able to inte- The Clerk read the title of the resolu- GEAR UP Day, celebrated on Sep- grate into society will help to ensure tion. tember 29, 2010. GEAR UP, or Gaining we are able to fill these gaps. Cur- The text of the resolution is as fol- Early Awareness and Readiness for Un- rently, the GEAR UP program is pro- lows: dergraduate Programs, was created by viding important college preparatory H. RES. 1638 Congress in 1998 to help increase the services to approximately 670,000 stu- Whereas Congress created the Gaining number of low-income and underserved dents in over 5,000 schools throughout Early Awareness and Readiness for Under- students who are prepared to succeed the country. graduate Programs (GEAR UP) in 1998 to in- in postsecondary education. Today, we support the goals and crease the number of low-income students This year, the GEAR UP program ideals of National GEAR UP Day, rec- who are prepared to enter and succeed in provided college prep services to over postsecondary education; ognize the contribution of teachers, Whereas increasing the number of low-in- 670,000 students in over 5,000 schools counselors, and program staff that en- come students who complete postsecondary across 46 States, the District of Colum- courage and prepare students for suc- education is critical to the health and vital- bia, American Samoa, Micronesia, and cess in college and beyond. I urge my ity of our communities and the Nation as a Puerto Rico. colleagues to support this resolution. whole; National GEAR UP Day, sponsored I yield back the balance of my time. Whereas, on February 24, 2009, President by the National Council for Commu- Ms. WOOLSEY. Mr. Speaker, I am Barack Obama addressed a Joint Session of nity and Education Partnerships, is an pleased to yield 4 minutes to the gen- Congress, during which he stated his goal opportunity for us to recognize the tleman from Pennsylvania (Mr. that the United States would once again continued success of GEAR UP pro- have the highest proportion of college grad- FATTAH), the author of this resolution uates; grams nationwide. It guarantees an en- and the author of GEAR UP. Whereas GEAR UP is currently providing tire cohort of students beginning no Mr. FATTAH. I thank the gentlelady essential college preparatory services to later than the seventh grade and fol- and I thank her colleague for their sup- 670,000 students in over 5,000 schools across 46 lows that group through high school. port for this resolution.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.071 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7708 CONGRESSIONAL RECORD — HOUSE November 30, 2010 GEAR UP continues, as from its in- Mr. HINOJOSA. Mr. Speaker, I rise crease graduation rates at all levels ception, to have bipartisan support. On today in support of House Resolution and to lead the world in the proportion National GEAR UP Day, we had Gov- 1638, a resolution supporting the goals of college graduates by the year 2020, it ernors like Haley Barbour from Mis- and ideals of National GEAR UP Day. is critical that we continue to invest in sissippi and Governors throughout the As subcommittee chairman for High- successful Federal programs like GEAR country claim GEAR UP Days in their er Education, Lifelong Learning, and UP. State. We had mayors and school su- Competitiveness, I want to thank my Today, I urge my colleagues and our perintendents and college associations good friend and colleague, the gen- Nation to support H.R. 1638 and to en- all across our country celebrate the tleman from Pennsylvania (Mr. courage greater numbers of low-income great achievements of young people FATTAH), the father of the GEAR UP students to pursue their dreams by sup- who have been a part of this program program, for his outstanding leadership porting the goals and ideals of a Na- and the adults who have worked with and unwavering commitment to ensure tional GEAR UP Day. them. that low-income students enter and Ms. WOOLSEY. Mr. Speaker, I want The Federal Government partners succeed in postsecondary education as to thank Representative FATTAH and with States and with higher education well as in life. Representative HINOJOSA for their par- institutions in what I call an elongated I am proud to have joined Congress- ticipation in introducing this resolu- conversation with young people over man FATTAH on the Education Com- tion. the course of 6 years. And in this Con- mittee back in 1998 to be an original Once again, I want to express my gress, we reauthorized GEAR UP and cosponsor of this great GEAR UP pro- support for House Resolution 1638, we have now added a seventh year. gram that he introduced. which celebrates National GEAR UP GEAR UP has proven to be successful In supporting the goals and ideals of Day—a chance for all of us to recognize over its first decade of work, given the National GEAR UP Day, it is impor- the GEAR UP program’s accomplish- research that has been done, and it has tant that we recognize national teach- ments and its success in increasing the shown that there has been a remark- ers and counselors and program staff accessibility of college for those stu- able success across the 40-plus States, for their tireless work on behalf of our dents who need it the most. I urge my and now 46 States. In communities of neediest students. Throughout the colleagues to join me in supporting every stripe, GEAR UP has worked to year, these extraordinary individuals this resolution. increase the number of young people provide essential college preparatory Ms. EDDIE BERNICE JOHNSON of Texas. graduating from high school, taking services to over 670,000 students in over Mr. Speaker, I rise today in support of H. Res. rigorous courses, and going on to col- 5,000 schools across 46 States, as well as 1638, a resolution supporting the goals and lege. in the District of Columbia, and Amer- ideals of National GEAR UP Day. Since 1998, We saw a multiday series in The ican Samoa, Micronesia, and Puerto the Gaining Early Awareness and Readiness Washington Post focusing on students Rico. for Undergraduate Programs (GEAR UP) have in Virginia, and thankfully going to I am extremely proud of GEAR UP been serving thousands of at-risk students in colleges in Pennsylvania, through students in the Rio Grande Valley of entering into and succeeding in postsecondary GEAR UP. I have visited GEAR UP south Texas for setting ambitious ca- education. youngsters in Wichita, Kansas, and reer goals and for making their edu- The GEAR UP programs have been ex- Oklahoma City and California, all cation a top priority. Our region serves tremely successful in raising expectations across our land. It is an amazing and approximately 18,000 students, and amongst our youth. They show our students extraordinary feat to see young people these young people are studying hard, that obtaining a college education is possible. who statistically others would have taking rigorous courses, graduating In communities and high schools where the written off, but now, because of the from high school, and preparing them- dropout rate is much greater than the gradua- work of the GEAR UP program and be- selves to earn a college degree. tion rate, students face an uphill battle in cause of their own work and parental In my congressional district, we are achieving a degree in higher education. GEAR involvement, they have been written fortunate to have talented and com- UP exposes them to achievement, and gives back in. mitted individuals who have made them the tools to create academic success in The President has said we need to re- GEAR UP a huge success. I personally their own lives. turn our country to leadership in the want to thank Tina Atkins, the direc- GEAR UP is implementing the type of inter- world by 2020 with the number of adults tor of the Region 1 GEAR UP program, vention programs that we need on a larger with a college degree. We now are as well as Dr. Martha Cantu, director scale, including: promoting educational ideals ninth in the world with the number of of the University of Texas-Pan Amer- of parent involvement; rigorous curriculum; our young people graduating from col- ican in Edinburg for their GEAR UP academic and personal counseling; mentoring lege. This is an important program. It program, and business and community and tutoring; and college awareness. GEAR is the largest early college program in leaders in our region who have done a UP tracks student progress, rather than letting our country and in our country’s his- terrific job in educating and encour- our children become part of a larger statistical tory. It began with bipartisan support, aging GEAR UP students and their tally. These GEAR UP students were able to and it continues to have that support families to reach for the stars. attend and succeed in college; a goal that all because it is locally administered. It is On March 30, 2010, President Obama students should be able to achieve. a partnership program involving higher signed the Health Care Education Rec- We are currently losing millions of bright education institutions in partnership onciliation Act of 2010 into law. With minds to the achievement gap. Our failure to with middle schools and high schools the enactment of this law, President invest in all of our students has resulting in and community and civic associations. Obama and Congress are taking bold America falling behind in the rankings of glob- It has worked well in Native American steps to ensure accessibility and afford- al education. If this continues, America will not communities and rural communities ability in higher education. be able to compete in the global economy. and urban cities. It has helped in terms Programs such as GEAR UP help close that 1710 of youngsters who have English as a b gap. second language. The SPEAKER pro tempore. The I would like to thank Congressman FATTAH My great partner in this, Congress- time of the gentleman has expired. for introducing this resolution and support its man HINOJOSA, who will be speaking, Ms. WOOLSEY. I yield the gentleman passage. and many others in this Congress have an additional 11⁄2 minutes. Ms. WOOLSEY. Mr. Speaker, I yield been strong supporters of GEAR UP. I Mr. HINOJOSA. These investments back the balance of my time. thank the gentleman and the gentle- in education will undoubtedly provide The SPEAKER pro tempore. The lady for yielding me an appreciable thousands of GEAR UP students question is on the motion offered by amount of time, and I thank them for throughout the country with the finan- the gentlewoman from California (Ms. their support of this resolution. cial aid and support they need to suc- WOOLSEY) that the House suspend the Ms. WOOLSEY. Mr. Speaker, I am ceed in college. rules and agree to the resolution, H. pleased to yield 3 minutes to the gen- As our Nation strives to build a Res. 1638. tleman from Texas (Mr. HINOJOSA). world-class educational system, to in- The question was taken.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.075 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7709 The SPEAKER pro tempore. In the Whereas, according to research by the Work and Family Month: Now, therefore, be opinion of the Chair, two-thirds being Sloan Center for Aging and Work, a majority it in the affirmative, the ayes have it. of workers age 53 and older attribute their Resolved, That the House of Representa- Mr. ROE of Tennessee. Mr. Speaker, I success as an employee, by a great or mod- tives— erate extent, to job flexibility, and also re- (1) supports the designation of National object to the vote on the ground that a port that, to a great extent, job flexibility Work and Family Month; quorum is not present and make the contributes to an overall higher quality of (2) recognizes the importance of balancing point of order that a quorum is not life; work and family to job productivity and present. Whereas employees who are able to effec- healthy families; The SPEAKER pro tempore. Pursu- tively balance family and work responsibil- (3) recognizes that an important job char- ant to clause 8 of rule XX and the ities feel healthier and more successful in acteristic is a work schedule that allows em- Chair’s prior announcement, further their relationships with their spouses, chil- ployees to spend time with families; proceedings on this motion will be dren, and friends; (4) supports the goals and ideals of Na- tional Work and Family Month, and urges postponed. Whereas 85 percent of United States wage and salaried workers have immediate, day- public officials, employers, employees, and The point of no quorum is considered to-day family responsibilities outside of the general public to work together to withdrawn. their jobs; achieve more balance between work and fam- f Whereas, according to the 2006 American ily; and Community Survey, 47 percent of wage and (5) requests that the President issue a SUPPORTING NATIONAL WORK salaried workers are parents with children proclamation calling upon the people of the AND FAMILY MONTH under the age of 18 who live with them at United States to observe National Work and least half-time; Family Month with appropriate ceremonies Ms. WOOLSEY. Mr. Speaker, I move and activities. to suspend the rules and agree to the Whereas job flexibility often allows par- ents to be more involved in their children’s The SPEAKER pro tempore. Pursu- resolution (H. Res. 1598) expressing sup- lives, and parental involvement is associated ant to the rule, the gentlewoman from port for the designation of the month with higher child achievement in language California (Ms. WOOLSEY) and the gen- of October as National Work and Fam- and mathematics, improved behavior, great- tleman from Tennessee (Mr. ROE) each ily Month. er academic persistence, and lower dropout will control 20 minutes. The Clerk read the title of the resolu- rates; The Chair recognizes the gentle- tion. Whereas a 2000 study entitled Urban Work- woman from California. The text of the resolution is as fol- ing Families revealed that a lack of job flexi- lows: bility for parents negatively affects child GENERAL LEAVE health by preventing children from making Ms. WOOLSEY. Mr. Speaker, I re- H. RES. 1598 needed doctors’ appointments and receiving quest 5 legislative days during which Whereas, according to a report entitled adequate early care, which makes illnesses Members may revise and extend and in- ‘‘Attraction and Retention’’ published by an more severe and prolonged; organization called WorldatWork, the qual- Whereas, from 2001 to early 2008, 1,700,000 sert extraneous material on House Res- ity of workers’ jobs and the supportiveness active duty troops have served in Iraq and olution 1598 into the RECORD. of their workplaces are key predictors of job 600,000 members of the National Guard and The SPEAKER pro tempore. Is there productivity, job satisfaction, commitment Reserve (133,000 on more than one tour) have objection to the request of the gentle- to employers, and retention; been called up to serve, creating a need for woman from California? Whereas, according to a 2008 report by the policies and programs to help military fami- There was no objection. Families and Work Institute entitled Na- lies adjust to the realities that come with Ms. WOOLSEY. I yield myself such tional Study of the Changing Workforce, em- having a family member in the military; time as I may consume. ployees with a high level of work-life inte- Whereas, according to a Centers for Dis- Mr. Speaker, I rise today in support gration are, compared to employees with ease Control and Prevention (CDC) report, moderate or low levels of work-life integra- breastfeeding is the most beneficial form of of House Resolution 1598, which ex- tion, more highly engaged and less likely to infant nutrition, and the greater the dura- presses support for designating October look for a new job in the next year, and also tion of breastfeeding, the lower the odds of as National Work and Family Month. enjoy better overall health, better mental pediatric overweight and obesity; Over the past 40 years, the family dy- health, and lower levels of stress; Whereas, according to the CDC, less than namic has changed. Women comprise Whereas, according to a 2004 report enti- half of mothers who work full time exclu- nearly half of the United States work- tled ‘‘Overwork in America’’, employees who sively breastfeed their newborns; force. For most working women, their are able to effectively balance family and Whereas, according to the CDC, employer responsibilities do not cease at the end work responsibilities are less likely to report policies that encourage breastfeeding benefit making mistakes or feeling resentment to- individual families as well as employers by of the workday but continue on at ward employers and coworkers; improving productivity and staff loyalty, en- home as most women serve as their Whereas, according to the Best Places to hancing the employer’s public image, and re- families’ primary caregivers. Beyond Work in the Federal Government rankings ducing absenteeism, health care costs, and caring for their own families, working released by the Partnership for Public Serv- employee turnover; women often take on additional care- ice and American University’s Institute for Whereas studies show that a third of chil- giver responsibilities by caring for the Study of Public Policy Implementation, dren and adolescents in the United States their parents and/or their spouses’ par- work-life balance and a family-friendly cul- are obese or overweight and that healthy ents. ture are among the key drivers of employee lifestyle habits, including healthy eating and engagement and satisfaction in the Federal physical activity, can lower the risk of be- But it isn’t just women who face the workforce; coming obese and developing related dis- challenge of balancing work and fam- Whereas finding a good work-life balance is eases; ily, Mr. Speaker. More than ever be- important for workers in multiple genera- Whereas studies report that family rituals, fore, men have taken on a greater tions, as indicated by a 2009 survey entitled such as sitting down to dinner together and share of family responsibilities in addi- ‘‘Great Expectations! What Students Want in sharing activities on weekends and holidays, tion to their workplace duties. an Employer and How Federal Agencies Can positively influence children’s health and de- With working families taking on Deliver It’’, which found that attaining a velopment, and that children who ate dinner extra hours to make ends meet during healthy work-life balance was an important with their family every day consumed nearly these tough economic times, the need career goal of 66 percent of respondents, and a full serving more of fruits and vegetables a 2008 study entitled ‘‘A Golden Oppor- per day than those who never ate family din- for a work-life balance is more crucial tunity’’, which found that workers between ners or only did so occasionally; than ever. Employers who afford their the ages of 50 and 65 are a strong source of Whereas unpaid family caregivers will employees with policies that help to experienced talent for the Federal workforce likely continue to be the largest source of balance work and family reap substan- and that nearly 50 percent of these potential long-term care for elderly United States citi- tial benefits, ranging from improving workers find flexible work schedules ‘‘ex- zens, and the Department of Health and an employer’s bottom line, increasing tremely appealing’’; Human Services estimates the number of retention rates, decreasing absentee- Whereas, according to research by the Rad- such caregivers to reach 37,000,000 by 2050, an ism, and improving productivity and cliffe Public Policy Center in 2000, men in increase of 85 percent from 2000, as baby their 20s and 30s and women in their 20s, 30s, boomers reach retirement age in record morale. and 40s identified as the most important job numbers; and A 2008 report by the Families and characteristic a work schedule that allows Whereas the month of October would be an Work Institute found that workers who them to spend time with their families; appropriate month to designate as National are able to balance work and family

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.077 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7710 CONGRESSIONAL RECORD — HOUSE November 30, 2010 are more highly engaged in their work ficials, employers, employees, and the as much time with their families as and less likely to look for jobs in the general public to work together to they can. It will be the best investment next year. They also enjoy better over- achieve more balance between work you have ever made. all health, better mental health, and and family. Mr. Speaker, I yield back the balance lower levels of stress. With that, I stand in support of this of my time. Finding a good balance between work resolution, and I ask my colleagues for Ms. WOOLSEY. Mr. Speaker, most and family is important to most peo- their support. children are lucky if they have a two- ple. A 2009 survey of students found I reserve the balance of my time. parent family these days, but if they that two-thirds of respondents cited a Ms. WOOLSEY. Mr. Speaker, I am even have one parent or two parents, healthy work-life balance was an im- pleased to yield 2 minutes to the au- both of those parents are in the work- portant career goal. In addition, Mr. thor of this resolution, the gentle- force. They work long hours, they com- Speaker, research by the Radcliff Pub- woman from New York, Congress- mute long distances to put food on the lic Policy Center found that women in woman MCCARTHY. table, and quite often they are not able their 20s, 30s and 40s and men in their Mrs. MCCARTHY of New York. I to sit at that table and share that food 20s and 30s identified the most impor- want to thank Ms. WOOLSEY, who is my with their families because their work- tant job characteristic to be a job colleague on the Education Committee life balance is so unbalanced. So fami- schedule that allows them to spend and who has been working with me on lies with working parents face many, time with their families. this also, and I want to thank Mr. ROE many challenges when it comes to bal- According to research by the Sloan from Tennessee for bringing this up. ancing family time with working to Center on Aging & Work, a majority of Mr. Speaker, I rise today in support provide for their families, and it’s im- workers aged 53 and older attribute of House Resolution 1598, a resolution portant that we recognize this as an their success as employees to job flexi- supporting the recognition of National everyday challenge. bility, which contributes to an overall Work and Family Month. I think my It is equally important to recognize higher quality of life. Job flexibility colleague, Ms. WOOLSEY, really spoke that substantial benefits are afforded often allows parents to be more in- about the essence of the bill, so I am to parents, children, and employers volved in their children’s lives, and pa- going to speak a little bit shorter on when workers have access to policies rental involvement is associated with this. that support a healthy work-life bal- higher child achievement in language I want to thank Representative ance. So I want to thank Representa- and mathematics, improved behavior, PLATTS for introducing this resolution tive MCCARTHY for sponsoring this im- greater academic persistence, and with me, and I want to thank Chair- portant resolution, and I thank Con- lower dropout rates. man MILLER and Ranking Member gressman ROE for being part of this Families with working parents face KLINE for bringing this resolution to with us. I encourage my colleagues to many challenges when it comes to bal- the floor today under suspension. join me today in support of House Res- ancing family time with working hard This resolution highlights the need olution 1598. to provide for their families, and it is to focus on a healthy work and family Mrs. MCMORRIS RODGERS. Mr. Speaker, so important that we recognize this balance. Study after study has shown I rise in strong support for H. Res. 1598, a every day, because it is such a chal- that finding the right balance between resolution expressing support for designating lenge; but it is equally important to work responsibilities and family obli- October as National Work and Family Month. recognize that the substantial benefits gations is one of the most important As the mom of a three year old and another accorded and afforded to parents, chil- things for all of our workers. Workers one on the way, I know first hand the strug- dren and employers when workers have who have a better work-family balance gles parents face. One of the most challenging access to policies of support lead to a have better overall health and have aspects is how to balance work and family re- much healthier work-life balance. less stress. Children also benefit from sponsibilities—knowing that our attention to I reserve the balance of my time. having their parents available more both is critical. We know that parental involve- Mr. ROE of Tennessee. I yield myself often. Employees who are able to spend ment plays a direct role in our children’s such time as I may consume. enough time with their families are growth and development. We know that pro- Mr. Speaker, I rise today in support happier at work and are more produc- viding direct care to our aging parents may of House Resolution 1598, expressing tive than those employees who do not sometimes be the best and/or only option. Yet, support for the designation of the have enough time to spend with their we also know that our employers are looking month of October as National Work families. Achieving a work-family bal- at ways to stay in business and improve their and Family Month. ance is good for all employers, employ- bottom lines. Establishing a healthy balance be- ees and their families. H. Res. 1598 highlights the benefits of bal- tween work and family obligations is This resolution just basically asks all ancing work and family needs and recognizes something that most workers—women Americans to consider how to achieve a the efforts that employers have undertaken. and men both—struggle with at some healthier work-family balance, to in- Statistics demonstrate that a growing num- point in their careers. Studies have crease the quality of life for our em- ber of employers recognize the benefits of shown that employees who are able to ployees and their families and improve providing flexibility in the workplace and are effectively balance family and work re- productivity for our employers. successfully meeting the needs of their em- sponsibilities are less likely to report Thank you, and I urge the passage of ployees. Employers understand that having making mistakes or to feel resentment this resolution. programs in place to address work-life balance toward employers or coworkers. issues are effective and necessary and are to b 1720 Eighty-five percent of United States the companies’ benefit. wage and salaried workers have imme- Mr. ROE of Tennessee. Mr. Speaker, I I urge my colleagues to support this resolu- diate, day-to-day family responsibil- will simply say that one of the great tion. ities outside of their jobs. Workplace challenges in my life was to balance a Mr. Speaker, I yield back the balance flexibility often allows parents to be professional practice with my family. of my time. more involved in their children’s lives. And I will say also that you will never The SPEAKER pro tempore. The Parental involvement is associated regret 1 minute that you spend with question is on the motion offered by with children’s higher achievement in your children or your grandchildren. the gentlewoman from California (Ms. language and mathematics, improved So I would encourage support of this. WOOLSEY) that the House suspend the behavior, greater academic persistence, I thank the gentlelady from Cali- rules and agree to the resolution, H. and lower dropout rates. fornia and New York for speaking Res. 1598. Today, with this resolution, we sup- about this. I think one of the most im- The question was taken. port the designation of the month of portant issues we have today is time The SPEAKER pro tempore. In the October as National Work and Family with our families. As our families opinion of the Chair, two-thirds being Month. Through this designation, we break down, our children are left alone in the affirmative, the ayes have it. recognize the importance of balancing so much. I would encourage everyone, Mr. ROE of Tennessee. Mr. Speaker, I work and family, and we urge public of- especially at this time of year, to spend object to the vote on the ground that a

VerDate Mar 15 2010 05:57 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.078 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7711 quorum is not present and make the Mr. Speaker, I rise today in support their child receives appropriate serv- point of order that a quorum is not of House Resolution 1576, which sup- ices. present. ports the establishment of a National Active and supportive parents of chil- The SPEAKER pro tempore. Pursu- Day of Recognition for Parents of Chil- dren with special needs play an inte- ant to clause 8 of rule XX and the dren With Special Needs. gral role in their children’s develop- Chair’s prior announcement, further Parents of children with special ment and in preparing them for school proceedings on this motion will be needs serve a critical role in the devel- and for life. Parents of children with postponed. opment of their children and in pre- special needs often work tirelessly on The point of no quorum is considered paring them to succeed in school and in behalf of their children in the face of withdrawn. life. Through selfless dedication and financial hardship and maintaining a f sacrifice, these parents work with their work-life balance. Although these par- RECOGNIZING PARENTS OF schools and communities to ensure ents often have additional stress, it is SPECIAL NEEDS CHILDREN that their children are granted equal indeed a labor of love in which the re- access to a free and appropriate edu- wards are many. Ms. WOOLSEY. Mr. Speaker, I move cation that recognizes their individual In recognition of the day-to-day love to suspend the rules and agree to the learning, behavioral, and mental and sacrifice by the parents of children resolution (H. Res. 1576) expressing the health needs in a healthy and sup- with special needs, and for the exem- sense of the House of Representatives portive learning environment. plary example of courage and devotion that a National Day of Recognition for We know that the number of parents these parents provide—in many in- Parents of Special Needs Children raising children with special needs is stances a lifetime of care for their chil- should be established, as amended. significant, and it is growing. A Na- dren—I urge my colleagues to support The Clerk read the title of the resolu- tional Day of Recognition for Parents this resolution. tion. of Children With Special Needs not Mr. Speaker, I reserve the balance of The text of the resolution is as fol- only serves to honor the dedication of my time. lows: these parents, but to highlight re- Ms. WOOLSEY. Mr. Speaker, I con- H. RES. 1576 sources that they can turn to for infor- tinue to reserve. Whereas the reported prevalence of chil- mation and support. Mr. ROE of Tennessee. Mr. Speaker, I dren with special needs, which may include Mr. Speaker, I want to thank Rep- would just close by saying that in 30- children with healthcare needs, behavioral resentative BURTON of Indiana for in- plus years of practicing medicine and needs, learning needs, and mental health delivering many thousands of babies— needs, has grown significantly throughout troducing this resolution and once the last 50 years; again express my support for House many of those special needs children— Whereas the Centers for Disease Control Resolution 1576, which supports the es- in a smaller community where I am and Prevention estimates that an average of tablishment of a National Day of Rec- from, I have seen the stresses person- 1 in 110 children in the United States have an ognition for Parents of Children With ally that this has put on families and autism spectrum disorder and 1 in 1000 chil- Special Needs. I urge my colleagues to have so much respect for these families dren are born with Down syndrome; join me in supporting this resolution. and what the children offer the parents Whereas active and supportive parents Mr. Speaker, I reserve the balance of and the community. I have had my own serve a critical role in the development of my time. daughter work in high school in a spe- children with special needs and in preparing them to succeed in school and in life; Mr. ROE of Tennessee. Mr. Speaker, I cial needs classroom. I have attended Whereas parents of children with special yield myself such time as I may con- many special needs classrooms while I needs deserve annual national recognition sume. have been in Congress. So I would urge for their selfless dedication, compassion, and Mr. Speaker, I rise today in support support for this. This is a terrific reso- sacrifice; and of House Resolution 1576, expressing lution, and I appreciate very much the Whereas it is appropriate that the Nation the sense of the House of Representa- support of this House. reserve a special day each year to celebrate tives that a National Day of Recogni- Mr. BURTON of Indiana. Mr. Speaker, I rise and honor the parents of children with spe- tion for Parents of Special Needs Chil- in strong support of House Resolution 1576, cial needs across the United States: Now, therefore, be it dren should be established. expressing the Support of the House of Rep- Resolved, That the House of Representa- Parents of special needs children resentatives for the establishment of a Na- tives— must give their children extra time, at- tional Day of Recognition for parents of spe- (1) recognizes the importance of honoring tention, care, and love. For this reason, cial needs children. I would like to thank the the Nation’s parents of children with special they deserve recognition for their self- members of the Education and Labor Com- needs; less dedication, compassion, and sac- mittee, especially Chairman MILLER and Rank- (2) expresses its sense that a National Day rifice. ing Member KLINE for their effort to bring this of Recognition for Parents of Children with According to the Department of resolution to the floor today. As the author of Special Needs should be established to honor Health and Human Services, 14 percent such parents; and the resolution, I also would like to extend my (3) urges the President to issue a proclama- of children between age 1 and 17 years sincere appreciation to all my colleagues who tion calling on the people of the United of age in the United States are diag- agreed to co-sponsor this resolution. Finally, I States to observe such a day with appro- nosed as having special health care would like to thank Representative TURNER of priate ceremonies, programs, and activities. needs. Children with special needs are Ohio—a leading co-sponsor of the resolu- The SPEAKER pro tempore. Pursu- defined as those who have a chronic tion—who inspired this resolution based on ant to the rule, the gentlewoman from physical, developmental, behavioral, or the experiences of one of his constituents, a California (Ms. WOOLSEY) and the gen- emotional condition that requires spe- Mr. George Brooks. tleman from Tennessee (Mr. ROE) each cial health-related services of a type or Mr. Brooks, who himself is a disabled vet- will control 20 minutes. amount beyond that required by chil- eran, worked for 2 years as an attendant on The Chair recognizes the gentle- dren generally. a handicapped school bus for Centerville City woman from California. Those of us who have children under- Schools in Ohio. Every day he realized how GENERAL LEAVE stand the time, effort, and sacrifice demanding his job was just providing a safe Ms. WOOLSEY. Mr. Speaker, I re- being a parent requires. However, hav- trip to and from school for these children. quest 5 legislative days during which ing a child with a disability or chronic However, the more he thought about it, the Members may revise and extend and in- illness requires additional time and ef- more he realized that the challenges he faced sert extraneous material on House Res- fort. These parents must find and man- paled in comparison to what the parents of olution 1576 into the RECORD. age treatment, attend doctor appoint- these children had to cope with every single The SPEAKER pro tempore. Is there ments, handle conflicts at daycare or solitary day of their child’s life. objection to the request of the gentle- school, and most importantly, seek the As many of my colleagues already know, woman from California? right educational choices for their chil- my own grandson is autistic, so I know first- There was no objection. dren. In addition, they advocate for hand the kind of challenges Mr. Brooks was Ms. WOOLSEY. Mr. Speaker, I yield their child and must be proactive and contemplating. In addition, as an autism advo- myself such time as I may consume. take necessary steps to make sure cate I have talked with countless families who

VerDate Mar 15 2010 05:57 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 9920 E:\CR\FM\K30NO7.081 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7712 CONGRESSIONAL RECORD — HOUSE November 30, 2010 struggle to deal with the most severe behav- H. Res. 1576 recognizes the tireless efforts Whereas child advocacy centers work to iors associated with autism such as seizures of these parents and urges the rest of the Na- streamline the investigation process so that with severe breakdowns and explosive behav- tion to recognize them as well. the child may be helped most effectively; Whereas this is done through a multidisci- iors which have caused injury to their child, as Everywhere Brian and I go—we meet fami- lies who share with us their stories about a plinary team managing alleged cases of well as other children. For these families, bro- abuse from the initial investigation all the ken bones and stitches have become a part of loved one who has special needs. They all way through prosecution; their everyday life. I have also spoken with speak passionately about the positive impact Whereas, during this time, child advocacy families who have mortgaged their homes and that their children have on their lives. And it is centers offer medical, therapeutic, and other gone into bankruptcy in their pursuit of treat- these parents who have helped Brian and I to support services to victim’s and victim’s ments to help their children cope with their au- see the amazing impact that Cole will continue families; tism—some treatments, which have helped to have on our lives and in this world. Whereas 1 in 4 girls and 1 in 7 boys will be I urge my colleagues to support H. Res. sexually abused before the age of 18; but are not covered by any insurance, driving Whereas child advocacy centers also reach these families thousands of dollars into debt 1576. Mr. ROE of Tennessee. Mr. Speaker, I out to the community and sponsor programs with no end in sight. that help bring awareness to this problem; And autism, although it affects an average yield back the balance of my time. Ms. WOOLSEY. Mr. Speaker, I want Whereas education and support for commu- of 1 in 110 children in the United States ac- nities has proven to be successful in pre- to again thank Representative BURTON cording to Centers for Disease Control’s latest venting abuse from occurring; from Indiana for introducing this reso- figures, is simply one of the many medical and Whereas the United States Department of lution and Representative ROE for his educational special needs that families may Health and Human Services sponsored the support of this resolution. I want to ex- face. Cancer and heart defects, muscular dys- Fourth National Incidence Study of Child press my support for House Resolution Abuse and Neglect Report to Congress which trophy and cystic fibrosis; chronic conditions 1576, which supports the establishment found that from 1993 to 2006 there was a 44 like asthma and diabetes; congenital condi- of a National Day of Recognition for percent decrease in the rate of sexual abuse; tions like cerebral palsy and dwarfism; and Parents of Children With Special and health threats like food allergies and obesity; Needs. I urge my colleagues to join us Whereas May would be an appropriate month to designate as ‘‘Child Advocacy Cen- ADHD, Fetal Alcohol Spectrum Disorder, in supporting this resolution. Tourette Syndrome, Down syndrome, dyslexia; ter Month’’: Now, therefore, be it Mr. Speaker, I yield back the balance Resolved, That the House of Representa- Mr. Speaker, the list could go on and on. of my time. It has been said that if you pick any two tives— The SPEAKER pro tempore. The (1) supports the designation of ‘‘Child Ad- families of children with special needs, you question is on the motion offered by vocacy Center Month’’; and would think that they have very little in com- the gentlewoman from California (Ms. (2) commends the National Child Advocacy mon; as a family dealing with developmental WOOLSEY) that the House suspend the Center in Huntsville, Alabama, on their 25th delays has different immediate concerns than rules and agree to the resolution, H. anniversary. one dealing with chronic illness, or one deal- Res. 1576, as amended. The SPEAKER pro tempore. Pursu- ing with mental illness or learning problems or The question was taken. ant to the rule, the gentlewoman from behavioral challenges. Yet the truth is that all The SPEAKER pro tempore. In the California (Ms. WOOLSEY) and the gen- of these families share a common thread, their opinion of the Chair, two-thirds being tleman from Tennessee (Mr. ROE) each incredible love and devotion to their children. in the affirmative, the ayes have it. will control 20 minutes. And it is this love and devotion that gives Mr. ROE of Tennessee. Mr. Speaker, I The Chair recognizes the gentle- them the strength to fight for appropriate care object to the vote on the ground that a woman from California. and accommodations for their children; for quorum is not present and make the GENERAL LEAVE their children to be accepted in their extended point of order that a quorum is not Ms. WOOLSEY. Mr. Speaker, I re- family, school and community; plan for their present. quest 5 legislative days during which children’s uncertain future; and constantly ad- The SPEAKER pro tempore. Pursu- Members may revise and extend and in- just routines and expectations to meet their ant to clause 8 of rule XX and the sert extraneous material on House Res- children’s needs. Chair’s prior announcement, further olution 1313 into the RECORD. H. Res. 1576 is a very straight-forward reso- proceedings on this motion will be The SPEAKER pro tempore. Is there lution; it: (1) recognizes the importance of hon- postponed. objection to the request of the gentle- oring the Nation’s parents of special needs The point of no quorum is considered woman from California? children; (2) expresses the sense that a Na- withdrawn. There was no objection. tional Day of Recognition for Parents of Spe- f Ms. WOOLSEY. Mr. Speaker, I yield cial Needs Children should be established to b 1730 myself such time as I may consume. honor such parents; and (3) urges the Presi- Mr. Speaker, I rise today in support dent to issue a proclamation calling on the SUPPORTING CHILD ADVOCACY of House Resolution 1313, which sup- people of the United States to observe such a CENTER MONTH ports the designation of the month of day with appropriate ceremonies, programs, Ms. WOOLSEY. Mr. Speaker, I move May as Child Advocacy Center Month and activities. to suspend the rules and agree to the and commends the National Child Ad- Parents of children with special needs are resolution (H. Res. 1313) expressing sup- vocacy Center for 25 years of service often more flexible, compassionate, stubborn port for designation of May as ‘‘Child and leadership in confronting the epi- and resilient than other parents because they Advocacy Center Month’’ and com- demic of child abuse. have to be. And I strongly believe it is appro- mending the National Child Advocacy Tragically, Mr. Speaker, five chil- priate for this House to honor their sacrifices. Center in Huntsville, Alabama, on dren die each day as a result of child To that end, I respectfully ask all of my col- their 25th anniversary in 2010. abuse and neglect in the United States leagues to support H. Res. 1576. The Clerk read the title of the resolu- of America. In 2008, a total of 1,740 chil- Mr. MCMORRIS RODGERS. Mr. Speaker, I tion. dren died as a result of such abuse. The rise today in strong support for H. Res. 1576, The text of the resolution is as fol- National Child Advocacy Center pro- a resolution expressing support for a National lows: vides critical training, prevention Day of Recognition for Parents of Special H. RES. 1313 intervention, and treatment services to Needs Children. Whereas, in May 1985, the National Child fight this urgent national problem. Three years ago, my husband Brian and I Advocacy Center opened its doors in Hunts- In May of 1985, the National Chil- were blessed with our amazing son, Cole. Not ville, Alabama; dren’s Advocacy Center in Huntsville, only has Cole given us a new perspective on Whereas there are now more than 900 Child Alabama, was founded by a young dis- life, but he has introduced us to so many other Advocacy Centers in the United States, all trict attorney from Madison County parents of special needs children, who have based off of the first one in Huntsville, Ala- named Robert Cramer, Jr. Mr. bama; Cramer—who went on to be a Member selflessly dedicated their lives for the better- Whereas, in 2009, child advocacy centers ment of their children. It is these parents who served more than 260,000 children; of the House of Representatives from have opened their hearts and shared their Whereas services are offered to children 1991 to 2009—organized the center to lives in order to pave the road forward for who are physically and sexually abused en- improve assistance to abused children Cole and other children. tirely for free to the family; and work to end child abuse.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.039 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7713 Since then, the National Children’s how we can help prevent and stop ongo- The Clerk read the title of the con- Advocacy Center has become a na- ing child abuse. Child advocacy centers current resolution. tional leader for training child abuse provide an important element in these The text of the concurrent resolution specialists since their doors opened. prevention activities. This is why I is as follows: After that, the center has trained more stand in support of this resolution. H. CON. RES. 323 than 54,000 professionals from the Mr. Speaker, I think one of the great- est tragedies in America today is child Whereas during the Holocaust, which took United States and 20 other countries place between 1933 and 1945, an estimated altogether. The work of the center has abuse. The stories that you read, the 6,000,000 Jews and other targeted groups were helped many children overcome the horrific stories that you read in the murdered by the Nazis and their collabo- emotional distress that results from newspapers, to me, are beyond com- rators; the frightening experience of abuse. prehension when you see children die Whereas prior to and during World War II, This year, child advocacy centers na- or children are abused. And this abuse the United States consistently refused to tionwide will celebrate over 25 years of will affect them—I have seen this as a permit large-scale immigration of Jewish refugees, including the refusal of 936 Jewish providing invaluable service to the physician—30, 40, 50 years after the abuse. I find it incomprehensible that refugees on the SS St. Louis in 1939; hundreds of thousands of child abuse Whereas after the end of World War II and victims each year, which is an oppor- an adult or anyone would abuse a child. the liberation of the concentration, labor, tunity for us all to recognize the con- You’re only a child for a very short and death camps, many Jewish refugees who tributions of child advocacy centers. time in your life. I was blessed with a returned home were the victims of numerous Mr. Speaker, I express my support for loving mother and father to be raised violent pogroms, and those who did not re- Child Advocacy Center Month and with, so I can’t comprehend the situa- turn were housed in displaced persons camps thank Representative GRIFFITH for tion that many children find them- in Europe; bringing the bill forward. I urge my selves. Whereas between 1945 and 1952, approxi- mately 96,000 Holocaust survivors displaced colleagues to join me in support of this I want to encourage our colleagues, I want to thank all of the people in this after the end of World War II were admitted resolution. to the United States; I reserve the balance of my time. country who get up every day and deal Whereas since 1952, more than 100,000 addi- Mr. ROE of Tennessee. Mr. Speaker, I with these tragedies. This is very hard tional Holocaust survivors, including Rus- yield myself such time as I may con- for the caregivers and people who deal sian immigrants who suffered from persecu- sume. with this—law enforcement personnel, tion and anti-Semitic acts under the Soviet Mr. Speaker, I rise today in support the nurses, the doctors, the social regime, emigrated to the United States; of House Resolution 1313, recognizing workers who deal with this on a daily Whereas approximately 127,000 Holocaust the month of May as Child Advocacy basis. It’s difficult for them, too. survivors remain in the United States, and Center Month and commending the Na- From the bottom of my heart, I abso- many pass away each year; lutely support this, and I want to en- Whereas those who survived torture and tional Child Advocacy Center in Hunts- forced labor under Nazi occupation in con- ville, Alabama, on its 25th anniversary. courage everyone in this House to centration, labor, and death camps, as well Recognizing Child Advocacy Center wholeheartedly support this resolution. as those who were forced to flee to a country Month allows us not only to raise I yield back the balance of my time. or region not under Nazi rule or occupation awareness around the abuse and ne- Ms. WOOLSEY. Mr. Speaker, I once during that time, continue to live with the glect that many of our children face again want to thank Representative scars of this unconscionable tragedy; every day, but also recognize the im- GRIFFITH for bringing this bill forward, Whereas all Holocaust survivors are at portant work that child advocacy cen- and I thank Representative ROE for his least 65 years old with approximately three- support of this initiative. I support it, quarters of them older than 75 and a major- ters do in providing training, preven- ity in their 80s and 90s; tion, intervention, and treatment serv- and I ask my colleagues to join me in support of Resolution 1313. Whereas approximately two-thirds of Holo- ices to combat child abuse and neglect caust survivors are elderly women who have I yield back the balance of my time. so that our Nation’s children can live challenges such as family caregiving, face The SPEAKER pro tempore. The without fear. risks such as isolation and financial insecu- question is on the motion offered by Child abuse may include physical rity, and have specific health needs; the gentlewoman from California (Ms. abuse, neglect, sexual abuse, and emo- Whereas Holocaust survivors are 5 times WOOLSEY) that the House suspend the tional abuse; and often children are more likely to be living below the poverty rules and agree to the resolution, H. line than other older people living in the victims of multiple forms of abuse. Res. 1313. United States, and more than half of all Hol- Statistics show that one in four girls The question was taken. ocaust survivors fall beneath 200 percent of and one in seven boys will be sexually The SPEAKER pro tempore. In the the Federal poverty threshold; abused before age 18. This saddening opinion of the Chair, two-thirds being Whereas Holocaust survivors are more reli- number highlights the need for child in the affirmative, the ayes have it. ant on social service programs than most advocacy centers and will provide a Mr. ROE of Tennessee. Mr. Speaker, I people in the United States over the age of 65, with proportionally more survivors than place for various members from the object to the vote on the ground that a community to provide the abused child other older people needing home health care; quorum is not present and make the Whereas approximately two-thirds of Holo- with appropriate treatment and pre- point of order that a quorum is not caust survivors live alone, and living alone is vent further victimization while also present. a risk factor for institutionalization; deciding the best ways to investigate The SPEAKER pro tempore. Pursu- Whereas while institutionalized settings and prosecute child abuse cases. ant to clause 8 of rule XX and the are beneficial for some older people in the In May of 1985, the National Child Chair’s prior announcement, further United States, institutions have a dispropor- Advocacy Center opened in Huntsville, proceedings on this motion will be tionate adverse effect on Holocaust survivors Alabama. It was the first center to uti- by reintroducing the sights, sounds, and rou- postponed. tines of institutionalization that are remi- lize the resources of not only law en- The point of no quorum is considered forcement and criminal justice profes- niscent of experiences during the Holocaust; withdrawn. Whereas Holocaust survivors are getting sionals, but also child protective serv- f older and frailer, and will be seeking support ices and medical and mental health and assistance from social service providers professionals in one comprehensive CALLING FOR DIGNITY, COMFORT, to enable them to age in place; and group. AND SUPPORT FOR HOLOCAUST Whereas the United States represents and In the 25 years since the creation of SURVIVORS defends the values of freedom, liberty, and the Child Advocacy Center model, Mrs. MCCARTHY of New York. Mr. justice and has a moral obligation to ac- more than 900 centers have followed in Speaker, I move to suspend the rules knowledge the plight and uphold the dignity those important first footsteps. Re- and agree to the concurrent resolution of Holocaust survivors to ensure their well- being in their remaining years: Now, there- search has shown that education and (H. Con. Res. 323) supporting the goal fore, be it support for communities has been suc- of ensuring that all Holocaust sur- Resolved by the House of Representatives (the cessful in preventing child abuse. vivors in the United States are able to Senate concurring), That Congress— Therefore, it is imperative that, as live with dignity, comfort, and security (1) supports the goal of ensuring that all members of the community, we know in their remaining years. Holocaust survivors in the United States are

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.085 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7714 CONGRESSIONAL RECORD — HOUSE November 30, 2010 able to live with dignity, comfort, and secu- SCHULTZ, for introducing this resolu- older Americans. These important rity in their remaining years; tion, and once again express my sup- changes will ensure the quality and ef- (2) applauds the nonprofit organizations port. I urge my colleagues to support fectiveness of Federal programs aimed and agencies that work tirelessly to honor this important resolution. at assisting the elderly, including the and assist Holocaust survivors in their com- Holocaust survivors still living and re- munities; I reserve the balance of my time. (3) urges the Administration and the De- Mr. ROE of Tennessee. Mr. Speaker, I siding in the U.S. partment of Health and Human Services, in yield myself as much time as I may Mr. Speaker, today we honor 127,000 conjunction with the Administration on consume. survivors of the Holocaust currently Aging (AoA), to provide Holocaust survivors Mr. Speaker, I rise today in support living in the United States, and we pay with needed social services through existing of House Concurrent Resolution 323, to tribute to those brave souls who have programs; and support the goal of ensuring that all passed away over the last six decades. (4) encourages the Administration on Holocaust survivors in the United We applaud the work of nonprofit orga- Aging to expeditiously develop and imple- States are able to live with dignity, nizations and agencies that have ment programs that ensure Holocaust sur- comfort, and security in their remain- worked and continued to work tire- vivors are able to age in place in their com- munities and avoid institutionalization dur- ing years. Sixty-seven years ago, a lessly to honor and to assist Holocaust ing their remaining years. brave group of Jewish resistance fight- survivors in their local communities. The SPEAKER pro tempore. Pursu- ers rose up against their German occu- And we must commit to providing ant to the rule, the gentlewoman from piers in the Warsaw Ghetto when the those survivors with needed social services so they are able to live with New York (Mrs. MCCARTHY) and the Nazis attempted to transport the re- dignity, comfort, and security in their gentleman from Tennessee (Mr. ROE) maining population to Treblinka exter- each will control 20 minutes. mination camp. Launched on January remaining years. The Chair recognizes the gentle- 18, 1943, the bulk of the uprising took I urge my colleagues to support woman from New York. place from April the 19 through May 16. House Concurrent Resolution 323. I reserve the balance of my time. GENERAL LEAVE It was the largest single revolt by the Jewish people during the Holocaust. Mrs. MCCARTHY of New York. Mr. Mrs. MCCARTHY of New York. Mr. Speaker, I am pleased to yield 5 min- Speaker, I request 5 legislative days The United States officially com- memorates the Holocaust during the utes to the gentlewoman from Florida during which Members may revise and (Ms. WASSERMAN SCHULTZ), who is the extend and insert extraneous material Days of Remembrance, which is held each April, marking the anniversary of author of this resolution. on House Concurrent Resolution 323 Ms. WASSERMAN SCHULTZ. Mr. the Warsaw Ghetto Uprising. For the into the RECORD. Speaker, I rise today to offer House Holocaust survivors admitted or emi- The SPEAKER pro tempore. Is there Concurrent Resolution 323, Ensuring grated to the United States in the objection to the request of the gentle- that Holocaust Survivors Live with wake of the horrific atrocities during woman from New York? Dignity, Comfort, and Security. This World War II, these events are a stark There was no objection. important resolution recognizes the Mrs. MCCARTHY of New York. I reminder of the darkness and hate they plight of Holocaust survivors, honors yield myself such time as I may con- endured on a daily basis for more than their unique needs, and pledges to help sume. 12 years. survivors attain the utmost comfort Mr. Speaker, I rise today in support Today, there are more than 36 mil- and well-being in their remaining of House Concurrent Resolution 323, lion people in the United States who years. And I want to thank my col- which supports the goals of ensuring are over the age of 65, making it the league from Virginia (Mr. WOLF) for co- that all Holocaust survivors in the fastest growing age group in the coun- United States are able to live with dig- sponsoring it with me. try. Of this total, more than 127,000 are At the end of World War II, the Jew- nity, comfort, and security in their re- Holocaust survivors remaining in the ish population of Europe had been deci- maining years. United States. All Holocaust survivors mated through brutal, systematic an- During the Holocaust, which took are at least 65 years old, and approxi- place between 1933 and 1945, the Nazis nihilation by the Nazis. The atrocities mately three-quarters of them are perpetrated by the Nazi regime against and their partners murdered an esti- older than 75 years of age, and a major- mated 6 million Jews and other tar- Jews, Roma, the disabled, and other ity in their eighties and nineties. As minority populations introduced a geted groups. Those who survived tor- more of these survivors age every year, ture and forced labor under Nazi occu- level of inhumanity previously un- our Federal, State, and local govern- known to this world. The Holocaust is pation continue to live with the scars ments must provide them with the of this horrible tragedy. a stain on our history which our soci- needed services they need to maintain ety has pledged to never forget lest we b 1740 their health and independence in their risk repeating the barbarity of the This resolution supports the goal of homes and communities. past. The Jewish population around the ensuring that all Holocaust survivors The U.S. Administration on Aging, world is still grieving from the loss of in the United States are able to live part of the U.S. Department of Health 6 million. with dignity and comfort in their re- and Human Services, and responsible In the wake of this incomparable maining years. I applaud the nonprofit for administering the Older Americans human destruction, thousands of sur- organizations and agencies that work Act, plays an important role in orga- vivors immigrated to America. Here, extensively to honor and assist the nizing and delivering social services for they hoped to secure a better future for Holocaust survivors in their commu- elderly Americans. The Older Ameri- themselves and their children. Escap- nities. cans Act is the first stop for seniors ing a ravaged Europe, survivors saw This resolution urges the administra- and their families to identify home- our Nation as a global example of free- tion and the Department of Health and and community-based long-term care dom, liberty, and justice. They left the Human Services, in conjunction with options, as well as transportation, nu- wreckage of the Holocaust and sought the Administration on Aging, to pro- trition, and referral to home care, comfort on our shores. These brave sur- vide Holocaust survivors with needed health, and other social services. vivors, who faced the terror of con- social services through existing pro- When Congress, led by the Education centration camps, the trauma of flee- grams. and Labor Committee, last reauthor- ing Nazi occupation, and the grief of Lastly, the resolution encourages the ized the law in 2006, we strengthened losing so many loved ones, embraced Administration on Aging to develop the act to promote consumer choice, as the American dream, raised families, and implement programs that ensure well as home- and community-based and enriched our Nation and society in Holocaust survivors are able to age in supports to help older individuals avoid fields ranging from academia to medi- place in their communities and avoid institutional care, improve health and cine, art and government. Our country being institutionalized during their re- nutrition programs, and educational is stronger for their contributions, and maining years. and volunteer services, increase Fed- our children have learned so much Mr. Speaker, I want to thank my col- eral, State, and local coordination, and from the experiences of Holocaust sur- league, Representative WASSERMAN reform employment-based training for vivors.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.047 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7715 Now, more than 70 years later, there we must remember those in our society WASSERMAN SCHULTZ), to introduce is more we can and must do to ensure who have had so much taken from this resolution to highlight this issue. that those who survived such atrocities them in their lifetimes. We must share Again, as I said, for the longest time in live out their remaining years in peace. these stories and proclaim these les- the thirties and forties, the world There are more than 127,000 Holocaust sons in public, that ours is a Nation of looked the other way. survivors still living in our Nation freedom and justice for all. Just go to the Holocaust Museum and today, with more than three-quarters Our children’s generation will be the see many times people were crying out of them older than age 75, and a major- last to know Holocaust survivors and and the word was coming out of Ger- ity in their eighties and nineties. hear their stories firsthand. We must many and yet people looked the other Roughly two-thirds of all survivors in do all we can to honor their struggles way. America live alone, and many lack the and their lives by granting them the So I strongly urge support of this and financial resources for the most basic utmost peace in their remaining years. I hope when it’s voted on, if there is a necessities, including proper housing I want to thank my colleagues on roll call vote, it will be a unanimous and health care. In fact, a majority of both sides of the aisle for their strong vote. Holocaust survivors fall below 200 per- support; 102 Members are cosponsors of Mrs. MCCARTHY of New York. Mr. cent of the Federal poverty line, equiv- this resolution. Speaker, I yield 1 minute to the gentle- alent to $21,660 per year, making this Mr. ROE of Tennessee. Mr. Speaker, I woman from Illinois (Ms. fragile community most at risk for yield 5 minutes to my distinguished SCHAKOWSKY). being forced into a group living situa- colleague from Virginia (Mr. WOLF). Ms. SCHAKOWSKY. I rise today in support of this resolution to ensure tion. b 1750 It is a little known tragedy that so that all Holocaust survivors in the many survivors of the death camps Mr. WOLF. Mr. Speaker, I rise today United States are able to live with dig- have aged in poverty and destitution in in support of H. Con. Res. 323 and nity, comfort and security and con- the United States. As a Nation that so thank the gentleman for yielding. gratulate Congresswoman WASSERMAN strongly upholds the values of freedom I believe we have a moral obligation SCHULTZ on its introduction. and justice, we have a moral obligation to ensure that all members of our soci- An estimated 127,000 Holocaust sur- to acknowledge the plight of these sur- ety are able to age with grace and dig- vivors live in the United States today, vivors and uphold their dignity to en- nity and to speak out, to speak out if including over 3,500 in the Chicago sure their well-being in their remain- we notice that a particular group with- area, many in my congressional dis- ing years. It is vital that we help this in our society is facing unique barriers trict. The Village of Skokie is home to population, as a testament to what toward this goal. one of the largest concentrations of they have endured, and to fulfill the As many have noted earlier, there Holocaust survivors in the country, promise of justice that they sought in are approximately 127,000 Holocaust and they inspired the building of the the United States. survivors living in the United States world-class Illinois Holocaust Museum As victims of terror and torture, today. Despite being victims of and Education Center in Skokie. these survivors have special needs that unfathomable crimes, and crimes that Holocaust survivors are five times would benefit from the further develop- unfortunately the world stood by and more likely to be living below the pov- ment of social service programs to looked the other way for years and erty level than other older Americans, allow survivors to age in place in their years and years, these individuals im- and over half fall beneath 200 percent current residences. Institutionalized migrated and assimilated into the of the Federal poverty threshold. These settings, while appropriate and even United States to become valuable men and women have survived the beneficial for many older Americans, members and contributors to our soci- worst of human abuses and many have have a disproportionately adverse ef- ety. special needs as they age. It is critical fect on Holocaust survivors, as these Nursing homes and assisted care set- that we uphold the dignity of Holo- environments reintroduce the sights, tings provide many of my constituents caust survivors and ensure their well- sounds, and routines reminiscent of ex- with an invaluable service and caring being in their remaining years. periences during the Holocaust. homes. However, we are noticing that a I would like to applaud the efforts of It is impossible for us to imagine the disproportionate number of Holocaust the Jewish Federation of Metropolitan traumatic nightmares that survivors survivors, many of whom are now in Chicago and other such organization still experience. That is why it is so their eighties and nineties, are not able that are working tirelessly to honor important for us to help this particular to easily transition to these facilities. and assist Holocaust survivors in our population secure alternatives to insti- This is specifically due to their hor- community. We must all do more to tutionalization such as aging in place, rific past experiences. Just remember ensure that Holocaust survivors can which may be more appropriate for a the movie, Schindler’s List. Many fa- spend their remaining years living in Holocaust survivor. cilities simply do not have the addi- comfort, dignity and security. In introducing this legislation, we tional resources that would be nec- Mr. ROE of Tennessee. I reserve the applaud those organizations that have essary to care for most of these sur- balance of my time. already dedicated their tireless efforts vivors. Mrs. MCCARTHY of New York. Mr. to honoring and assisting Holocaust Given this challenge, it is important Speaker, I yield 2 minutes to the gen- survivors in their communities across we work to raise awareness of existing tleman from Illinois (Mr. QUIGLEY). the country. These organizations strive opportunities to minimize this emerg- Mr. QUIGLEY. I rise today to support every day to improve the difficult situ- ing situation. Many Holocaust sur- this resolution and thank its sponsor, ations facing survivors in our commu- vivors and the nonprofit organizations the gentlewoman from Florida, and nities. It is important that in coming and agencies that work with them call for its quick passage. years Congress work with the adminis- daily have found that aging-in-place This important resolution highlights tration and the Department of Health programs help to alleviate this prob- the often forgotten special needs of the and Human Services to provide Holo- lem. few remaining Holocaust survivors. It caust survivors with needed social I urge that the administration, the also calls for the assurances that their services through existing programs, Department of Health and Human final years will be comfortable and dig- such as at the Administration on Services, in partnership with the Ad- nified. Aging. ministration on Aging, and nonprofit Over 100,000 Holocaust survivors live It is fortuitous that this resolution groups, work with the Holocaust sur- in the U.S. today with 3,500 of those comes to the floor the same week that vivors to address their needs through living in my city, Chicago. Three-quar- we celebrate Chanukah, the Jewish fes- existing programs and also to work on ters of those are in their eighties and tival of lights. This holiday is a time to developing innovative and efficient so- nineties. The majority live alone and dedicate ourselves to the ideals of jus- lutions to address this challenge. more than half live below the poverty tice. At a time of year when people of I am pleased to work again with my line. As these individuals who survived all backgrounds are exchanging gifts, colleague from Florida (Ms. torture, starvation and unspeakable

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.089 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7716 CONGRESSIONAL RECORD — HOUSE November 30, 2010 terrors age, they deserve to do so in our Nation to ensure that Holocaust ensuring that all Holocaust survivors in the their own homes rather than in institu- survivors are afforded appropriate re- United States are able to live with dignity, tional settings. sources in order to live their remaining comfort, and security in their remaining years. After all they have endured and over- years with dignity. During the Holocaust, an estimated come, these spirited survivors of the I am thankful that we live in a coun- 6,000,000 Jews and other targeted groups Holocaust deserve access to social serv- try that continues to cherish indi- were murdered by the Nazis and their collabo- ice programs sensitive to their unique vidual freedoms and maintains an un- rators. Approximately 96,000 Holocaust sur- needs. This resolution will ensure they breakable bond with Israel. It’s impera- vivors were admitted to the United States im- spend their last years with the same tive that our Nation teach lessons from mediately after the war. Another 100,000 Hol- dignity with which they lived. the past, be a force for tolerance, and ocaust survivors were admitted after 1952. Mr. ROE of Tennessee. Mr. Speaker, I build upon shared democratic values Today, approximately 127,000 Holocaust sur- reserve the balance of my time. and desire for security and stability. vivors live in the United States. Mrs. MCCARTHY of New York. I With this in mind, I was proud to in- The majority of Holocaust survivors are at yield 1 minute to the gentleman from troduce H.R. 6363, the Supporting Law least 65 years old and approximately two- New York (Mr. ENGEL). Enforcement through Lessons of the thirds of them are elderly women. Many of Mr. ENGEL. I thank my fellow New Holocaust Act earlier this Congress. them face the risk of isolation and financial in- Yorker for yielding. This legislation creates a new 4-year I rise to support this legislation, this security. grant at the Department of Justice, resolution. Everyone has spoken very Holocaust survivors are 5 times more likely our State and local law enforcement eloquently, and I concur with every- to be living below the poverty line than other agencies, to carry out the programs thing that has been said. When I was older people living in the United States. They looking at the resolution and the rea- that will teach these officers about the are more reliant on social service programs sons for supporting it, I was absolutely implications of the Holocaust for mod- and most of them live alone. Living alone puts shocked to see that there were still ern day law enforcement professionals. these survivors at increased risk of institu- 127,000 Holocaust survivors left in the Stories of personal struggle from the tionalization. United States. I would have thought it Holocaust live on through our historic While institutionalized settings are beneficial was much, much less. And, of course, records, families, friends and survivors for some older people, institutionalization has as people are saying many of them are of that horrific time. Our Nation owes a disproportionate adverse effect on Holocaust in their eighties and nineties and de- it to the survivors to ensure their secu- survivors by reintroducing sights, sounds, and serve a little added help. rity and safety with utmost priority. routines that are reminiscent of their experi- This great country has been a refuge With that, I yield 1 minute to the ences during the Holocaust. for so many people throughout the gentleman from Florida (Mr. KLEIN). This bill encourages the Administration and years of this great republic and cer- b 1800 the Department of Health and Human Serv- ices, in conjunction with the Administration on tainly the Holocaust survivors that Mr. KLEIN of Florida. I thank the came here after the Holocaust have Aging, to provide Holocaust survivors with lady. needed social services through existing pro- been treated with dignity, have moved Mr. Speaker, I rise today to support into American society. Their children grams. The bill also urges the Administration H. Con. Res. 323, a resolution that calls to expeditiously develop and implement pro- and grandchildren have achieved great attention to the thousands of Holo- heights. But, unfortunately, too many grams that ensure Holocaust survivors are caust survivors who are living below able to live their remaining years in place in of them today still live alone, are in the poverty line. We know in Florida their eighties and nineties, and need their communities. we have a tremendous number of peo- Mr. Speaker, the United States is a nation our help. ple that have come from that back- So I rise to support this resolution. I that values freedom, liberty, and justice. As ground. They deserve to live their lives think this is the most noble thing that such, we are morally obligated to acknowl- in dignity. Holocaust survivors have we can do. It’s a great testimony to our edge the plight and encourage the dignity of endured torturous and unimaginable great Nation, and I urge all my col- our citizens, such as survivors of the Holo- nightmares. All the more so they leagues to support it. caust, who have suffered and who are in Mr. ROE of Tennessee. Mr. Speaker, I should be assured a life of comfort and need. want to associate my last remarks security. It is truly tragic that Holo- I encourage my colleagues to join me in with the gentleman from New York caust survivors are five times more support of this resolution. and the remarks that have been made. likely to live below the poverty line Mrs. MCCARTHY of New York. Mr. I think one of the greatest blights in than other older Americans. Speaker, I yield back the balance of world history is the history of the Hol- We are coming together as Members my time. ocaust. The world stood by and today to send a clear message that we The SPEAKER pro tempore. The watched the murder of millions of in- must all help lift Holocaust survivors question is on the motion offered by nocent men, women and children. We out of poverty. This is a community the gentlewoman from New York (Mrs. just a moment ago spoke about child obligation because we are human, and MCCARTHY) that the House suspend the advocacy, and look at the families that we must not allow suffering like this to rules and agree to the concurrent reso- were dislodged, displaced. It’s one of reach those who have already suffered lution, H. Con. Res. 323. the most horrific events in world his- so much. The question was taken. tory, I believe, and should never, ever, I would like to thank my friend, Con- The SPEAKER pro tempore. In the be allowed to be repeated on this gresswoman DEBBIE WASSERMAN opinion of the Chair, two-thirds being Earth. SCHULTZ, the chief sponsor of this leg- in the affirmative, the ayes have it. So I strongly encourage my col- islation. South Florida is truly lucky Mrs. MCCARTHY of New York. Mr. leagues to vote ‘‘yes’’ on this resolu- to have you. I would also like to com- Speaker, on that I demand the yeas tion. It’s a privilege to be here and be mend the many good organizations in and nays. on the House floor to speak on behalf Florida and around the country that The yeas and nays were ordered. of that. provide stellar social services to Holo- The SPEAKER pro tempore. Pursu- With that, I yield back the balance of caust survivors. They understand the ant to clause 8 of rule XX and the my time. unique needs of the survivor population Chair’s prior announcement, further Mrs. MCCARTHY of New York. Mr. and the urgent imperative to solve this proceedings on this motion will be Speaker, the Holocaust was one of the crisis. postponed. most unspeakable tragedies in history. I call on my colleagues to swiftly f The amount pain and suffering of those pass this important resolution so that individuals who endured the terror of we may tell Holocaust survivors, you SUPPORTING AMERICAN DIABETES the Nazi regime can never be quan- are not alone. MONTH tified. Mr. VAN HOLLEN. Mr. Speaker, I rise as an Mr. PALLONE. Mr. Speaker, I move House Concurrent Resolution 323 is original sponsor of H. Con. Res. 323, a bipar- to suspend the rules and agree to the an important resolution that calls on tisan resolution conceived with the purpose of resolution (H. Res. 1690) supporting the

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.091 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7717 observance of American Diabetes toms of diabetes, and awareness of the risk trol are both doing landmark research Month, as amended. factors for diabetes, which include being and surveillance work related to diabe- The Clerk read the title of the resolu- over the age of 45, being a member of a spe- tes and have translated this into more tion. cific racial and ethnic background, being effective prevention and treatment overweight, having a low physical activity The text of the resolution is as fol- strategies, including the development lows: level, having high blood pressure, and having a family history of diabetes or a history of of key therapies and technologies. H. RES. 1690 diabetes during pregnancy; and I want to commend the sponsor of Whereas, according to the Centers for Dis- (3) supports decreasing the prevalence of this legislation, the gentlewoman from ease Control and Prevention (CDC), there are type 1, type 2, and gestational diabetes in Colorado (Ms. DEGETTE) not only for nearly 24,000,000 Americans with diabetes the United States through increased re- the work on this bill but for all the and 57,000,000 with prediabetes; search, treatment, and prevention. work on the Energy and Commerce Whereas diabetes is a serious chronic con- The SPEAKER pro tempore (Mr. dition that affects people of every age, race Committee and also as the cochair of and ethnicity, and income level; OWENS). Pursuant to the rule, the gen- the Congressional Diabetes Caucus. I Whereas the CDC reports that Hispanic-, tleman from New Jersey (Mr. PALLONE) know I’m a member of it. It has well African-, Asian-, and Native Americans are and the gentleman from Nebraska (Mr. over 200 members, and it does a lot to disproportionately affected by diabetes and TERRY) each will control 20 minutes. raise awareness and increase education suffer at rates higher than the general popu- The Chair recognizes the gentleman about the disease. lation; from New Jersey. I urge my colleagues to support this Whereas, according to the CDC, every GENERAL LEAVE minute 3 people are diagnosed with diabetes, resolution. approximately 4,384 people each day; Mr. PALLONE. Mr. Speaker, I ask I reserve the balance of my time, Mr. Whereas, according to the CDC, approxi- unanimous consent that all Members Speaker. mately 1,600,000 new cases of diabetes were may have 5 legislative days in which to Mr. TERRY. I yield myself as much diagnosed last year in people 20 years or revise and extend their remarks and in- time as I may consume. older; clude extraneous material in the Mr. Speaker, as a member of the Dia- Whereas a joint CDC and National Insti- RECORD. betes Caucus and a former vice chair tutes of Health study found that 15,000 youth The SPEAKER pro tempore. Is there and member of a regional board that in the United States are diagnosed with type included Nebraska for the American 1 diabetes annually and about 3,700 youth are objection to the request of the gen- diagnosed with type 2 diabetes annually; tleman from New Jersey? Diabetes Association before I came to Whereas, according to the CDC, between There was no objection. the United States Congress, I rise in 1980 and 2007, diabetes prevalence in the Mr. PALLONE. Mr. Speaker, I yield support of House Resolution 1690 sup- United States increased by more than 300 myself such time as I may consume. porting the observance of American Di- percent; Mr. Speaker, I rise in strong support abetes Month. Whereas the CDC reports that over 24 per- of H. Res. 1690. Earlier this year, the Diabetes touches nearly every life in cent of diabetes is undiagnosed, down from 30 Energy and Commerce Health Sub- this country. There are an estimated 24 percent in 2005; Whereas, according to the CDC National committee held a hearing on our col- million Americans today afflicted with Diabetes Fact Sheet, over 10 percent of lective battle against diabetes, the diabetes, and that number is projected American adults and nearly a quarter (23.1 progress we have made so far and the to double in the next 25 years. Diabetes percent) of Americans age 60 and older have challenges that remain. is a group of diseases characterized by diabetes; Over 30 years ago, Congress passed high blood glucose. It results when the Whereas, according to the CDC, one in the National Diabetes Research and body does not produce sufficient insu- three Americans born in the year 2000 will Education Act, the first significant leg- lin or is unable to process insulin, a develop diabetes in their lifetime; this sta- islation directed at coordinating and hormone that is needed to convert sug- tistic grows to nearly one in two for minor- ity populations; expanding the government’s research ars, starches, and other food into need- Whereas, according to the American Diabe- and prevention efforts related to diabe- ed energy for daily life. tes Association, in 2007, the total cost of di- tes. While we have made tremendous Type 1 diabetes results from the agnosed diabetes in the United States was progress in understanding and treating body’s failure to produce insulin, which $174,000,000,000, and one in ten dollars spent diabetes, it remains a significant pub- allows glucose to enter and fuel the on health care is attributed to diabetes and lic health epidemic. cells of the body. The most common its complications; It’s staggering to realize that over 23 form of type 1 diabetes is immune me- Whereas, according to a Mathematica Pol- million Americans have some form of diated diabetes, in which the body’s icy study, total expenditures for Medicare beneficiaries with diabetes comprise 32.7 per- diabetes today and the number is grow- immune system attacks and destroys cent of the Medicare budget; ing. Even more troubling is that 57 mil- the insulin-producing cells of the pan- Whereas, according to the CDC, every day lion Americans are at serious risk for creas. 230 people with diabetes undergo an amputa- developing type 2 diabetes, including The common name for type 1 diabe- tion, 120 people enter end-stage kidney dis- women with gestational diabetes. tes is juvenile diabetes. Even though ease programs, and 55 people go blind from Until recently, kids were rarely diag- juvenile diabetes is typically diagnosed diabetes; nosed with anything but type 1 diabe- during childhood or adolescence, it is a Whereas, according to the CDC, diabetes tes. But the increasing rate of child- disease individuals must manage their was the seventh leading cause of death in 2007, and contributed to the deaths of over hood obesity is changing the face of di- entire lives. Type 2 diabetes, some- 230,000 Americans in 2005; abetes, and certainly not for the bet- times known as adult onset diabetes, Whereas there is not yet a cure for diabe- ter. Furthermore, diabetes is the lead- results from the body’s inability to tes; ing cause of heart disease, stroke, make enough or properly use insulin. Whereas there are proven means to reduce blindness, and kidney failure. As is Type 2 diabetes is the most common the incidence of or delay the onset of type 2 often the case, diabetes disproportion- form of diabetes, and its prevalence is diabetes; ately affects racial and ethnic minori- rising every year. Approximately 57 Whereas people with diabetes live healthy, ties. American Indians have the high- million Americans are thought to have productive lives with the proper manage- ment and treatment; and est prevalence of diabetes nationwide, pre-type 2 diabetes. The complications Whereas November is widely recognized as and Hispanics and African Americans from both forms of diabetes can be dev- American Diabetes Month: Now, therefore, are close behind. astating and life altering, ranging from be it Moreover, there is clear economic heart disease, stroke, and blindness to Resolved, That the House of Representa- cost. It has been estimated that over kidney disease. tives— $220 billion in medical expenses in 2007 In the case of type 2 diabetes, people (1) supports the goals and ideals of Amer- can be attributed to diabetes. There can take steps to avoid the onset of the ican Diabetes Month, including encouraging are serious problems which need ag- disease and mitigate its effects. Ameri- Americans to fight diabetes through raising public awareness about stopping diabetes gressive and innovative action. The Na- cans must understand that their health and increasing education about the disease; tional Institute of Diabetes and Diges- and the health of their families are in (2) recognizes the importance of early de- tive and Kidney Diseases located at their hands. Balanced diets and in- tection of diabetes, awareness of the symp- NIH and the Centers for Disease Con- creased physical activity can prevent

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.093 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7718 CONGRESSIONAL RECORD — HOUSE November 30, 2010 the disease and its complications. have experience with type 2 diabetes. Mr. REED. I thank my colleague Those with histories of diabetes in Even though diabetes is increasing so from Nebraska, and I thank you, Mr. their families must be especially vigi- dramatically, though, because of the Speaker, for the opportunity to stand lant. research that we have done at the Na- tonight and rise in support of H. Res. b 1810 tional Institutes of Health, at the CDC, 1690. I appreciate the opportunity to and in the States, the personal toll of speak today in regard to American Dia- I would like to thank the author of diabetes is becoming more manageable betes Month. this resolution, the gentlewoman from as we discover ways both to prevent To me, it has been an honor and a Denver, the Rocky Mountain State, type 2 diabetes and to treat and even privilege to be involved with many dia- Ms. DEGETTE, for her efforts to im- find cures for type 1 and type 2 diabe- betes advocacy groups over the years, prove awareness of this disease and tes. Advancements in lifestyle inter- particularly the Juvenile Diabetes Re- supporting all of the education efforts. ventions, screening, and testing can search Foundation. She is very vigilant on this issue, as I save money and save even more lives. This issue is a personal issue with my know because we are on the Energy This year marked the 60th anniver- family. My son, Will, who is 10 years and Commerce Committee together. sary of the National Institute of Diabe- old, was diagnosed with type 1 diabetes The issue and why it is so necessary to tes and Digestive and Kidney Diseases, at the age of 4. I personally will never educate is to highlight the importance which is the leading research organiza- forget the day, being rushed to the of early detection. I encourage all of tion at the NIH dedicated to tackling emergency room, as I had to hold him my colleagues to support this resolu- this devastating disease. And so six down and look him in the eye, with tion. decades later, we continue to find dif- tears in his eyes, as he screamed in ter- I reserve the balance of my time. ferent ways to approach this disease ror as to why, Daddy, are you holding Mr. PALLONE. Mr. Speaker, I would and help the millions of families that me and letting these doctors hurt me? like to now yield such time as she may are affected by it. And we were doing it for his best inter- consume to the gentlewoman from Col- So this year, as we support the goals est because he had to be administered orado (Ms. DEGETTE), who is the author of National Diabetes Month, let’s also insulin to take care of his diabetic sit- of the resolution and also the cochair pass a bill separate from this bill that uation. My wife and I have been living of the Diabetes Caucus. many of us have cosponsored to fund a with this disease for well over 6 years. Ms. DEGETTE. Mr. Speaker, I want special diabetes program. As with all I watch my wife every night get up at to thank Mr. PALLONE, the chairman of things, this research must be paid for; 2, 3, 4 in the morning, testing his blood my subcommittee, who does such won- but the cost of inaction, both phys- glucose levels to make sure that he is derful work on these diabetes issues, ically and economically, is too high. properly monitored and that his diabe- and also the gentleman from Nebraska. Diabetes issues have consistently tes is kept in check. We have served for many, many years been addressed by this body with inter- It is important to me today to stand together on the committee. est and passion on both sides of the up and recognize that there is no cure I am very pleased we are able to aisle, and we expect in the 112th Con- at this point in time for juvenile diabe- bring this resolution to the floor while gress that this will continue. The Dia- tes or diabetes itself. I hope in the near it is still, in fact, Diabetes Awareness betes Caucus, which several have men- future and as a Member of this Cham- Month, November, because diabetes is tioned, of which I am the cochair, is, in ber that that cure will be found. But in one of the top public health threats in fact, the largest caucus in Congress, the meantime, I join my colleagues in our country today. with close to 250 members. expressing my concern for the 24 mil- About 70,000 people are thought to I want to take a moment just now be- lion children and adults in the United have died from underlying causes of di- cause two of our great leaders in this States who are living with this disease, abetes on an annual basis, with tens of body on this issue are going to be leav- and the estimated 57 million Ameri- thousands more deaths related to the ing us at the end of this session. MIKE cans that are at risk. disease. The CDC estimates that right CASTLE, who has been an extraordinary now about 81 million Americans have cochair of the Diabetes Caucus, is leav- Today, we must become aware of this disease and its symptoms to make sure diabetes or prediabetes, and we know ing, as well as ZACK SPACE, a beloved many more will get it. With better re- member of our committee, who is the that everyone who suffers these symp- search, we can determine how people vice chairman of the Diabetes Caucus. toms of frequent urination, unusual lose their lives to this disease, and we I invite all Members to join this cau- thirst, extreme hunger, unusual weight can both, we hope, find a cure for the cus. And also, if anyone is interested in loss, extreme fatigue and irritability disease and also mitigate the losses. being a cochair, let me know, because check with their medical providers and As well as a terrible public health it is important work that we do. make sure that they are checked for di- threat in this country, diabetes is also In the spirit of the bipartisan com- abetes, because it has life-threatening an important economic issue, which is mitment that all of us have made, I impacts such as blindness, amputation, why the Diabetes Caucus worked so think we need to come together and and kidney failure. hard to raise awareness in this body. not just talk about how important re- I am here today to stand in support Diabetes will cost this Nation almost search is but actually commit our- of this measure, and I will do whatever $3.4 trillion through 2020, according to selves in the next session of Congress is in my power to raise awareness for a recent study released by the United to working together on legislation. We diabetes and finding its cure as my ten- Health Group. One in every $10 in can work together not just on recog- ure here in this House so allows. health care in this country is attrib- nizing Diabetes Month, but also work Mr. PALLONE. Mr. Speaker, I yield 2 uted to diabetes and its complications, together on the Special Diabetes Pro- minutes to the gentleman from New and diabetes takes up more than 30 per- gram, which will help to save countless York (Mr. ENGEL), who is the sponsor cent of our Medicare dollars. American lives and to not leave this of the Gestational Diabetes Act, H.R. What is more disturbing, Mr. Speak- critical initiative on the to-do list 5354, which passed the House earlier er, is that type 2 diabetes is increasing again another year. this year. to epidemic levels, and as previous Mr. TERRY. Mr. Speaker, the gentle- Mr. ENGEL. I thank my good friend speakers have mentioned, threatens to lady from Colorado mentioned the gen- from New Jersey, the chairman of our take up an even bigger part of our tleman from Delaware who wanted to subcommittee, who does an excellent budget in years to come and will affect be here and speak on this resolution, job, for yielding to me, and I rise today millions more Americans. her cochair, MIKE CASTLE, but he was in support of H. Res. 1690, a resolution Families, like my family, see diabe- called back to his home since we don’t supporting the observance of American tes up close every day. We have been have any more votes this evening. Diabetes Month. As a member of the touched just in my family by type 1 di- At this time, I yield 2 minutes to the Congressional Diabetes Caucus and a abetes, type 2 diabetes, and gestational new gentleman to the House of Rep- cosponsor of this resolution, I urge my diabetes. This is not uncommon in resentatives from the State of New colleagues to vote in favor of H. Res. America, as more and more families York (Mr. REED). 1690.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.094 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7719 My colleagues may be aware that one in this country. That’s ‘‘billion’’ with a tics, and the numbers continue to rise. in every 10 Americans suffers from dia- ‘‘B.’’ Those are warlike numbers. The Sadly, thousands more are at an in- betes. This is nearly 24 million people. real tragedy is we could avoid that. If creased risk of getting diabetes be- Additionally, according to the Centers we had any kind of foresight envisioned cause of advancing age, obesity, sed- for Disease Control and Prevention, as a Nation, we would invest in a cure. entary lifestyles, unhealthy eating there are 57 million Americans with For a fraction of what we spend in this habits, and insufficient physical activ- prediabetes. country on diabetes every year, we ity. Diabetes not only affects the health b 1820 could cure the disease. It’s within reach. This isn’t cancer or some com- of our Nation but our economic well- Even more troubling is that these plicated disease of the brain. This is an being as well. In my State of Georgia, staggering numbers will continue to autoimmune disorder that affects the the cost of diabetes due to medical grow if we sit idle and do nothing. We pancreas. We already have the tech- care, lost productivity, and premature must continue to raise awareness and nology for the artificial pancreas. With death is over $5.1 billion per year, with find new treatments and preventative a very small fraction of what we spend $356 million lost in my own congres- measures. on diabetes every year, we could give sional district alone. In October, the CDC issued a report every type 1 diabetic in America a Early testing is crucial to saving which states, if current trends con- closed-loop system—an insulin pump lives and even to preventing the onset tinue, as many as one in three Amer- and a glucose monitor—that, through of the disease in the first place. When ican adults could have diabetes by the technology, works like a pancreas. We diabetes is diagnosed in later stages, year 2050. The report also states that could save, not billions, but trillions of the treatments are more extreme, more the $174 billion currently spent on dia- dollars over the next 30 to 40 years. difficult, and hospital visits are more betes will at least double by 2050. These As parents of diabetics, we know frequent. Catching the disease in its are costs that we cannot afford both fi- what our children face. By the time my early stages helps patients mitigate nancially and physically, and the pros- son is my age, for example, he will be the harmful effects early. pect of these statistics jumping from 1 facing the prospect of blindness, kidney As a Member of Congress, I will do in 10 to 1 in 3 is frightening, but the disease, and amputation, and our gov- everything in my power, along with all good news is that it is also preventable. ernment is going to pay for it. of my colleagues, to ensure that Amer- That’s why, as the chairman men- There is an alternative, and I urge icans are empowered to take control of tioned, I introduced the Gestational this body in the 112th Congress to their health and to get tested. Diabetes Act, or GeDi. The GeDi Act strongly consider investing here. For The SPEAKER pro tempore. The focuses research resources on reducing every dollar you put in, you will re- time of the gentleman has expired. Mr. PALLONE. I yield the gentleman the incidence of gestational diabetes, ceive hundreds back. You will save 1 additional minute. which is a condition that can result in lives, and you will advance human life Mr. SCOTT of Georgia. I also want to a higher risk of developing type 2 dia- in ways that are difficult to even con- continue to work with my colleagues betes during pregnancy for both the ceive of right now. in Congress to address juvenile diabe- mother and child. So, again, I want to thank my col- tes because it can be prevented at an The GeDi Act passed the House of league from Colorado (Ms. DEGETTE) early stage with just testing, care, and Representatives in September. I call for her tireless work, and I want to increased funding for additional re- upon our colleagues in the other body thank my chairman, Mr. PALLONE, for search as the number of cases con- to pass my legislation in the 111th Con- this time. gress so we can help turn the tide away Mr. TERRY. I continue to reserve the tinues to steadily increase. Again, I am honored to observe No- from these dire predictions. balance of my time. vember as American Diabetes Month, While we cannot fight family history, Mr. PALLONE. Mr. Speaker, I now and I am hopeful with an increased genetic risk factors, or the aging proc- yield 2 minutes to the gentleman from awareness of this devastating disease ess, we can fight the causes of new Georgia (Mr. SCOTT). cases of diabetes. We in the House of Mr. SCOTT of Georgia. Thank you that we can save more people from Representatives have the ability and very much. being diagnosed with diabetes. We can responsibility to raise public awareness Ladies and gentlemen of the House, lick this. There is a cure. All we have about the implications of diabetes and with nearly 23 million children and to do is put it as the priority it needs how to prevent it. That is why I stand adults in the United States living with to be, and we will save lives, millions in strong support of H. Res. 1690. this disease, it is, indeed, time to reas- of lives. I certainly appreciate and commend Mr. TERRY. I continue to reserve the sess our own fitness and nutrition Mr. PALLONE and the gentlelady from balance of my time. choices, to educate ourselves on the Colorado (Ms. DEGETTE) for authoring Mr. PALLONE. Mr. Speaker, I now risk factors, and to then encourage ev- yield 2 minutes to a member of the En- this important resolution. eryone, especially our loved ones, to Mr. TERRY. I yield back the balance ergy and Commerce Committee, the get tested. of my time. gentleman from Ohio (Mr. SPACE). In my home State of Georgia, ap- Mr. PALLONE. Mr. Speaker, I urge Mr. SPACE. Thank you, Mr. Chair- proximately 700,000 children and passage of the legislation, and I yield man, and thank you, Ms. DEGETTE, for adults, or 7.8 percent of Georgia’s en- back the balance of my time. your leadership on this issue. tire population, have been diagnosed The SPEAKER pro tempore. The Mr. Speaker, I sympathize with the with diabetes. Raising awareness about question is on the motion offered by new Member from New York. He and the devastating effects that diabetes the gentleman from New Jersey (Mr. Ms. DEGETTE and I have something in can have on people and their families PALLONE) that the House suspend the common. We all have children who suf- must not go overlooked. rules and agree to the resolution, H. fer from type 1 diabetes. Although it is Many people do not realize that dia- Res. 1690, as amended. a family tragedy when it happens—and betes is the leading cause of blindness The question was taken. we all have those stark memories of among adults between the ages of 20 The SPEAKER pro tempore. In the being told that your child is going to and 74 years old. It also contributes to opinion of the Chair, two-thirds being be for the rest of his or her life depend- serious health problems such as heart in the affirmative, the ayes have it. ent upon insulin—and although it is disease, stroke, and kidney failure. Na- Mr. TERRY. Mr. Speaker, I object to life changing, it transcends. The issue tionwide, 23.6 million people, or 7.8 per- the vote on the ground that a quorum of diabetes transcends the personal cent of the Nation’s entire population, is not present and make the point of tragedy that it inflicts on millions of have diabetes. Further, 17.9 million order that a quorum is not present. families, and we have heard the num- people have been diagnosed, 5.7 million The SPEAKER pro tempore. Pursu- bers by some of my colleagues today. are undiagnosed, at least 57 million ant to clause 8 of rule XX and the The ADA, the American Diabetes As- people are prediabetic in this country, Chair’s prior announcement, further sociation, estimates now that north of and 220 million people have diabetes proceedings on this motion will be $200 billion a year is spent on diabetes worldwide. These are startling statis- postponed.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.096 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7720 CONGRESSIONAL RECORD — HOUSE November 30, 2010 The point of no quorum is considered have the meanings given such terms in sec- Mr. TERRY. Mr. Speaker, I yield my- withdrawn. tion 602 of Communications Act of 1934 (47 self such time as I may consume. U.S.C. 522). f How many times a night does this The SPEAKER pro tempore. Pursu- scenario play out: You’re on your b 1830 ant to the rule, the gentlewoman from couch and you’re watching a nice pro- COMMERCIAL ADVERTISEMENT California (Ms. ESHOO) and the gen- gram. The program has people con- LOUDNESS MITIGATION ACT tleman from Nebraska (Mr. TERRY) versing and it’s getting to that pin- Ms. ESHOO. Mr. Speaker, I move to each will control 20 minutes. nacle point in the show and it fades, suspend the rules and pass the bill (S. The Chair recognizes the gentle- and the commercial comes on and it’s 2847) to regulate the volume of audio woman from California. really loud. You reach for your remote on commercials. GENERAL LEAVE and you can’t find the remote. Your The Clerk read the title of the bill. Ms. ESHOO. Mr. Speaker, I ask unan- spouse in the other room, with her im- The text of the bill is as follows: imous consent that all Members may patient voice, says, Turn that down, S. 2847 have 5 legislative days in which to re- but you can’t find the remote. You say, Be it enacted by the Senate and House of Rep- vise and extend their remarks and in- where is that blankedy-blank remote. resentatives of the United States of America in clude extraneous material in the Then you look between the cushions Congress assembled, RECORD. and there it is. You hit the mute but- SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Is there ton, and peace and calm is now re- This Act may be cited as the ‘‘Commercial objection to the request of the gentle- stored in the living rooms of thousands Advertisement Loudness Mitigation Act’’ or woman from California? of American households. the ‘‘CALM Act’’. There was no objection. Several of my colleagues, people in SEC. 2. RULEMAKING ON LOUD COMMERCIALS Ms. ESHOO. Mr. Speaker, I yield my- this House, have said that this act isn’t REQUIRED. self such time as I may consume. needed, but for that living room on (a) RULEMAKING REQUIRED.—Within 1 year Mr. Speaker, I rise this evening to that night it was sure helpful to re- after the date of enactment of this Act, the urge my colleagues to vote in favor of Federal Communications Commission shall store calm. The Commercial Advertise- prescribe pursuant to the Communications a bill designed to eliminate the ear- ment Loudness Mitigation, or CALM Act of 1934 (47 U.S.C. 151 et seq.) a regulation splitting levels of television advertise- Act, is why we are here today. Some that is limited to incorporating by reference ments and return control of television say, and especially coming on the heels and making mandatory (subject to any waiv- sound modulation to the American of the last bill, a Diabetes Awareness ers the Commission may grant) the ‘‘Rec- consumer. A vote for this bipartisan Month bill, that maybe there are more ommended Practice: Techniques for Estab- bill with 90 cosponsors will send it on important issues to deal with; well, not lishing and Maintaining Audio Loudness for to the President for his signature, and for that family in that living room on Digital Television’’ (A/85), and any successor when he signs it, it will bring relief to thereto, approved by the Advanced Tele- that night. vision Systems Committee, only insofar as millions of television viewers across I do want to point out one thing here such recommended practice concerns the the country. in that the industry has recognized transmission of commercial advertisements I first introduced the CALM Act that there is an issue with the loudness by a television broadcast station, cable oper- more than 3 years ago in the previous of the commercials. On November 5, ator, or other multichannel video program- Congress. The premise of the bill then, 2009, the Advanced Television Systems ming distributor. as now, was simple, to make the vol- Committee, ATSC, announced the ap- (b) IMPLEMENTATION.— ume of commercials and regular pro- proval of an industry standard, the (1) EFFECTIVE DATE.—The Federal Commu- gramming uniform so consumers can nications Commission shall prescribe that ‘‘ATSC Recommended Practice: Tech- the regulation adopted pursuant to sub- control sound levels. niques for Establishing and Maintain- section (a) shall become effective 1 year after The problem with ear-splitting TV ing Audio Loudness for Digital Tele- the date of its adoption. advertisements has existed for more vision,’’ which provides guidance to (2) WAIVER.—For any television broadcast than 50 years—not 5, 50. Television ad- creators and distributors of TV content station, cable operator, or other multi- vertisers first realized that consumers focusing on audio measurement, audio channel video programming distributor that often left the room during commer- monitoring techniques, and methods to demonstrates that obtaining the equipment cials, so they used loud commercials to control loudness. It’s not as easy as we to comply with the regulation adopted pur- grab their attention as they moved to suant to subsection (a) would result in finan- may think to control that, especially cial hardship, the Federal Communications other parts of their home. This has when you come off of a calm commer- Commission may grant a waiver of the effec- been one of the top complaints to the cial or a show into a more boisterous tive date set forth in paragraph (1) for 1 year Federal Communications Commission commercial. and may renew such waiver for 1 additional for decades. Now this bill has been amended in year. The bill directs the FCC to adopt the the Senate to codify that standard that (3) WAIVER AUTHORITY.—Nothing in this engineering standards recommended by has been developed by the experts. The section affects the Commission’s authority the body that sets the technical stand- industry will move to solve the pur- under section 1.3 of its rules (47 C.F.R. 1.3) to ards for digital television as manda- ported concerns by simply moving to waive any rule required by this Act, or the tory rules within 1 year. These stand- application of any such rule, for good cause comply with that consensus standard. shown to a television broadcast station, ards were developed when I introduced Furthermore, the act would create a cable operator, or other multichannel video the legislation in the last Congress. kind of ‘‘safe harbor’’ by deeming an programming distributor, or to a class of So now we don’t have to wait another operator that installs, utilizes and such stations, operators, or distributors. 50 years for a solution. With the pas- maintains the appropriate equipment (c) COMPLIANCE.—Any broadcast television sage of this legislation, we will end the and software in compliance with the operator, cable operator, or other multi- practice of consumers being subjected act. channel video programming distributor that to advertisements that are ridiculously Now while many Members may feel installs, utilizes, and maintains in a com- loud, and we can protect people from mercially reasonable manner the equipment that there are more important issues and associated software in compliance with needlessly loud noise spikes that can for this Congress to deal with, this is the regulations issued by the Federal Com- actually harm their hearing. This tech- the issue at hand. And as a member of munications Commission in accordance with nical fix is long overdue, and under the the Energy and Commerce Committee subsection (a) shall be deemed to be in com- CALM Act, as amended by the Senate, where this went through regular order pliance with such regulations. consumers will be in the driver’s seat. of subcommittee and committee, we (d) DEFINITIONS.—For purposes of this sec- I look forward to the enactment of stand in support. tion— this bill, but most importantly, so do Mr. Speaker, I yield back the balance (1) the term ‘‘television broadcast station’’ millions of consumers across the coun- has the meaning given such term in section of my time. 325 of the Communications Act of 1934 (47 try. So I urge my colleagues to vote for Ms. ESHOO. Mr. Speaker, in closing, U.S.C. 325); and the bill. I would like to thank all of the staff, (2) the terms ‘‘cable operator’’ and ‘‘multi- Mr. Speaker, I reserve the balance of both at the committee and certainly at channel video programming distributor’’ my time. my office, that have worked hard on

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.099 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7721 this bill over the last 3 years. And I Chair’s prior announcement, further United States allies and other countries in would like to thank Mr. TERRY for the proceedings on this motion will be the region in the interests of enhancing remarks that he made about the legis- postponed. peace and security in the Asia-Pacific re- lation. The point of no quorum is considered gion; This really is a very simple bill. It withdrawn. (8) calls on China to restrain North Korea, its treaty ally, from further acts of bellig- started out as a one-page bill, it’s now f erence and to work constructively with the maybe two and a few lines. It was b 1840 international community to promote re- never drafted with the intent that it gional stability; would solve some of the great, great CONDEMNING NORTH KOREA FOR (9) calls upon North Korea to immediately challenges that are facing our country. ATTACK AGAINST SOUTH KOREA cease any and all uranium enrichment ac- It is a small bill, but it is consumer Mr. BERMAN. Mr. Speaker, I move tivities and take concrete steps to dis- friendly. And it does recognize the to suspend the rules and agree to the mantle, under international verification and complaints that the American people assistance, all sensitive nuclear facilities, in resolution (H. Res. 1735) condemning accordance with United Nations Security have registered with the FCC over the North Korea in the strongest terms for Council Resolutions 1695 (2006), 1718 (2006), last 50 years; in fact, it’s been the top its unprovoked military attack against and 1874 (2009); and complaint. South Korea on November 23, 2010. (10) urges responsible nations to abide by I want to thank the broadcasters for The Clerk read the title of the resolu- United Nations Security Council Resolutions working with us, for those that came tion. 1695, 1718, and 1874, and to fully implement up with the technology, the technology The text of the resolution is as fol- the sanctions and other obligations con- standard that will be the national lows: tained therein. standard for broadcasters, satellite and H. RES. 1735 The SPEAKER pro tempore. Pursu- cable. Whereas Yeonpyeong Island is a South Ko- ant to the rule, the gentleman from Again, I would like to thank all that rean island in the Yellow Sea, inhabited by California (Mr. BERMAN) and the gen- were involved in this and urge my col- over 1,000 South Korean civilians and mili- tleman from Texas (Mr. POE) each will leagues to vote for this bill. I think tary personnel; control 20 minutes. that we will have more peace in homes Whereas, on November 23, 2010, at approxi- The Chair recognizes the gentleman mately 2:34 p.m. local time, the North Ko- across the country, as Mr. TERRY de- rean military began firing artillery shells at from California. scribed it. Yeonpyeong Island; GENERAL LEAVE Mr. GENE GREEN of Texas. Mr. Speaker, Whereas North Korea fired over 100 artil- Mr. BERMAN. Mr. Speaker, I ask I am an original cosponsor of the House com- lery shells, causing considerable harm and unanimous consent that all Members panion to the bill we are considering today. damage; have 5 legislative days to revise and ex- I appreciate the leadership shown by Con- Whereas the artillery barrage killed 2 tend their remarks and include extra- South Korean marines, 2 civilians, and gresswoman ESHOO, who introduced the neous material on the resolution under CALM Act and moved it through our com- wounded at least 19 others; Whereas the USS George Washington Car- consideration. mittee and saw it passed by voice vote on the rier Strike Group is conducting exercises The SPEAKER pro tempore. Is there floor late last year. with Republic of Korea naval forces in the objection to the request of the gen- I am pleased we have the opportunity to waters west of the Korean Peninsula; tleman from California? consider these measures once again, because Whereas North Korea’s shelling of There was no objection. I believe it is important to set some bound- Yeonpyeong Island follows the hostile tor- Mr. BERMAN. Mr. Speaker, I rise in aries for reasonable practices for television pedo attack against the South Korean naval strong support of this resolution, and I advertisements. vessel Cheonan on March 26, 2010, that killed yield myself such time as I may con- Perhaps only during the Super Bowl do 46 sailors; Whereas the North Korean artillery bar- sume. Americans actually look forward to television A little over a week ago on November commercials. rage was one of the most serious attacks on civilians since the Korean War, and press re- 23, North Korea launched a brazen day- The rest of the time, most of us are mildly ports indicate the highest levels of North Ko- time artillery barrage on a South Ko- inconvenienced but understand that this short rea’s government ordered the attack; rean island inhabited by civilians. time spent watching ads allows for the pro- Whereas the recent disclosure of a newly North Korea fired over 100 rounds at gramming we enjoy. operational North Korean uranium enrich- Yeonpyeong Island, killing two South What has become increasingly prevalent ment plant is a violation of United Nations Korean civilians and two young Ma- Security Council Resolutions 1695 (2006), 1718 and extremely disruptive is the distinctly higher rines. The shelling also caused consid- volume of sound of these commercials com- (2006), and 1874 (2009); and Whereas the United States is firmly com- erable damage to the island. pared with the volume of the programming. This provocative military act by There is a significant difference and it inter- mitted to the defense of South Korea and to the maintenance of regional peace and sta- North Korea was one of the most seri- feres with the viewer’s ability to enjoy the ex- bility: Now, therefore, be it ous attacks involving civilians since perience. Resolved, That the House of Representa- the end of the Korean War and is in This bill will effectively end this discrepancy tives— violation of the Armistice Agreement. in volume. (1) condemns North Korea in the strongest This bipartisan resolution strongly I believe that this is reasonable regulation terms for its unprovoked military attack condemns North Korea’s unprovoked and preserves the viewers’ ability to control against South Korea in violation of the Ko- attack, calls on the North to renounce their own electronic devices without wildly fluc- rean War Armistice Agreement and for caus- further acts of aggression and abide by tuating sound. ing civilian casualties; I urge my colleagues to support this bill. (2) calls for North Korea to renounce fur- the terms of the Armistice Agreement. Ms. ESHOO. Mr. Speaker, I yield ther acts of aggression and abide by the I would also like to express my deep- terms of the Korean War Armistice Agree- back the balance of my time. est sympathies and condolences to the ment and its international obligations; South Korean victims and their fami- The SPEAKER pro tempore. The (3) expresses its deep condolences and sym- question is on the motion offered by lies. pathy to the South Korean victims and their This resolution expresses the House the gentlewoman from California (Ms. families; ESHOO) that the House suspend the (4) stands in solidarity with the people and of Representatives’ firm solidarity rules and pass the bill, S. 2847. Government of the Republic of Korea at this with the people and the government of The question was taken. time of national crisis; South Korea. We stand shoulder-to- The SPEAKER pro tempore. In the (5) reaffirms its strong commitment to the shoulder with them at this time of na- opinion of the Chair, two-thirds being alliance between the United States and the tional crisis. in the affirmative, the ayes have it. Republic of Korea, the security of South This resolution also expresses sup- Mr. TERRY. Mr. Speaker, I object to Korea, and stability on the Korean Penin- port for the continued close security sula; cooperation between the United States the vote on the ground that a quorum (6) supports further close, security co- is not present and make the point of operation between the United States and the and South Korea and for the alliance order that a quorum is not present. Republic of Korea; between our two nations. Indeed, a U.S. The SPEAKER pro tempore. Pursu- (7) encourages continued dialogue and co- aircraft carrier strike group is cur- ant to clause 8 of rule XX and the operation between the United States and rently conducting exercises with the

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.101 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7722 CONGRESSIONAL RECORD — HOUSE November 30, 2010 South Korean Navy in waters west of Another revelation came a mere b 1850 the Korean Peninsula. This exercise week earlier of a North Korean secret Mr. BERMAN. Mr. Speaker, I am demonstrates the strength of the alli- uranium enrichment plant, a revela- pleased to yield 1 minute to a very dis- ance and of U.S. commitment to re- tion described by a visiting American tinguished member of our committee, gional stability through deterrence. physicist as ‘‘stunning.’’ the gentleman from Tennessee (Mr. The United States is committed to The plant also laid bare the duplic- TANNER). the security of South Korea, maintain- ity, deceit, and treachery with which Mr. TANNER. Thank you, Mr. Chair- ing stability on the Korean Peninsula, North Korea has approached the whole man. and ensuring peace in Northeast Asia. denuclearization issue for the past 20 I, too, want to express my apprecia- We are ready to encourage cooperation years. tion for this resolution. I am proud to and dialogue with our allies and other The unconscionable revelations of be a cosponsor. After this event hap- countries in the region to promote classified information in the past few pened, this unprovoked attack by the peace and security in the Asia-Pacific. days by WikiLeaks have nonetheless North on the island, my son and I com- Last week’s artillery attack was just opened our eyes to the full extent of municated with a good friend of ours in the latest in a long line of provocations the North Korean cooperation with the Korea and learned of some of the devas- by North Korea. The recent revelations little tyrant from the desert, tation and so on. This is a serious mat- about a new North Korean uranium en- Ahdmadinejad, and the Iranian regime ter. This resolution speaks in, I think, richment facility are very troubling, as on missile technology. Thanks to excellent detail as to what we expect in it will enable North Korea to again ex- Pyongyang’s proliferation, Iranian terms of activity by the North. And I pand its nuclear arsenal. warheads, possibly carrying a nuclear want to again thank Chairman BERMAN The construction of this enrichment payload, can now reach American allies and Mr. POE and others who have facility is a clear violation of Security in the Middle East and even as far brought this to the floor. Council resolutions that were passed in away as Europe. Mr. POE of Texas. Mr. Speaker, I 2006 and 2009. We call on North Korea We have also learned that Air Iran yield 2 minutes to the gentleman from to cease its uranium enrichment ac- transports landed at a Beijing airport Hawaii (Mr. DJOU). tivities, take concrete steps to dis- to carry missile equipment from North Mr. DJOU. Mr. Speaker, I rise in mantle all of its nuclear facilities, and Korea to Iran. There is indeed a North strong support of this resolution. fully and transparently abide by the Korean-Iranian axis of evil with malice Mr. Speaker, my congressional dis- relevant Security Council resolutions. toward mankind. Its linkage runs right trict potentially lies in the flight arc Finally, this resolution urges China through the heart of Beijing, China. of North Korea’s ballistic missiles. to restrain North Korea from further Does China, a permanent member of Should anything happen in the Korean acts of belligerence and to work con- the U.N. Security Council, have no Peninsula and deteriorate to war, it is structively with the rest of the world guilt or have no shame when it bla- the soldiers, sailors, and airmen in my to promote lasting peace on the Korean tantly disregards the Security Coun- congressional district at Pearl Harbor, Peninsula and stability in Northeast cil’s resolutions directed at both Hickam Air Force Base, and Schofield Asia. Pyongyang and Tehran? Barracks who will be the first ones A longtime treaty ally of the North, In that anxious autumn of 1952, called into action on the Korean Penin- China can clearly exercise significant Dwight Eisenhower pointed to his sula. The United States must make a firm leverage on that nation. No one wants World War II experience as a roadmap and clear commitment not only to con- to see another war on the Korean Pe- for dealing with the dictators of demn these belligerent acts by North ninsula, but North Korea must under- Pyongyang. ‘‘I know something of this Korea, but also firmly commit our Na- stand that its actions have con- totalitarian mind,’’ the General said. tion to unifying the Korean Peninsula sequences, that it cannot violate the ‘‘Through the years of World War II, I under a free, democratic, and capitalist Armistice, kill innocent civilians and carried a heavy burden of decision in regime. Our Nation must make a com- the free world’s crusade against the break its international obligations. mitment to a unified, free, and capi- I urge all of my colleagues to support tyranny then threatening us all. talist Korea in the same fashion that this resolution. ‘‘World War II should have taught us we committed to a united, free, and I reserve the balance of my time. all one lesson. The lesson is this: to capitalist Germany during the Cold Mr. POE of Texas. Mr. Speaker, I vacillate, to hesitate, to appease—even War. yield myself such time as I may con- by merely betraying unsteady pur- During this past year, the North Ko- sume. pose—is to feed the dictator’s appetite rean Government has shown its unwar- I rise in strong, vigorous support of for conquest and to invite war itself.’’ ranted, unprovoked attacks on South this resolution condemning the contin- Without firm resolve, more Six Party Korea by illegally seizing a South Ko- ued belligerent behavior of North tea parties in Beijing, as proposed by rean fishing vessel and illegally sink- Korea. Pyongyang’s brinkmanship China, will prove as meaningless as ing a South Korean naval vessel. And threatens the peace and security of not those that have occurred in the past. now the shelling of a South Korean is- only the Korean Peninsula but the Beijing must come to understand and land, unprovoked, shows that the whole region. clearly demonstrate that it will no North Korean regime cannot be trusted The artillery shelling of a South Ko- longer provide diplomatic, economic, and must be changed. rean island last week was the first such and even military cover for This is why it is so important the attack directed at civilians since the Pyongyang’s dangerously recklessly United States commit to a quick and Korean War in the 1950s. We join our behavior. prompt passage of a free trade agree- South Korean allies in mourning the From the Mediterranean to the Yel- ment between the United States and deaths of both civilians and young Ma- low Sea, through missiles and artillery, South Korea, and through the passage rines and offer our sincere condolences North Korea has become an increasing of this resolution. We must strengthen to the victims’ families. threat to the peace and the stability of our bonds between the United States In addressing another Korean crisis, the community of all nations. China and South Korea to stand as a bulwark as a presidential candidate almost six must firmly rein in its out-of-control against the aggressive and repressive decades ago, Dwight Eisenhower said, puppet state before events spiral com- North Korean Government. ‘‘In this anxious autumn for America pletely out of control. Mr. Speaker, I thank you for the op- one fact looms above all others in our The risks are grave, Mr. Speaker. Our portunity to speak and urge passage of people’s minds. One tragedy challenges resolve must be firm as we stand with this resolution. all men dedicated to the work of peace. our South Korean allies in their hour Mr. BERMAN. Mr. Speaker, I am This word is Korea.’’ of potential peril. I urge my colleagues pleased to yield 1 minute to my friend For the shelling which we condemn to give their vigorous support to this and colleague from the committee, as today, and the treacherous attack on resolution, which I am proud to be a well as the Financial Services and Ag- civilians, is merely the tip of the North cosponsor. riculture Committee, the gentleman Korean spear of hostility. I reserve the balance of my time. from Georgia (Mr. SCOTT).

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.104 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7723 Mr. SCOTT of Georgia. Thank you It terrorizes them into worshipping I do want to thank the chairman for very much, Chairman BERMAN. the Kims, father and son, as if they bringing this strong resolution to the This unwarranted attack by North were gods. Their personality cult is the House floor. I urge all my colleagues to Korea on South Korea demonstrates only religion permitted in North adopt this resolution. more than anything else the dangerous Korea. Economic life is such madness I yield back the balance of my time. state that our world is in. It is extraor- that, about 10 years ago, as many as 2 Mr. BERMAN. Mr. Speaker, I join in dinarily important that we here in million North Koreans starved to asking for an ‘‘aye’’ vote, and I yield Congress condemn in the strongest pos- death. And within this large gulag that back the balance of my time. sible way this act, unprovoked on the is North Korea, the Kim family has The SPEAKER pro tempore. The part of North Korea, and to let the peo- created smaller, more severe gulags, question is on the motion offered by ple of South Korea and the people of Kwan-li-so prison camps, and sent an the gentleman from California (Mr. the world know just where the United estimated 200,000 people to live or, bet- BERMAN) that the House suspend the States stands. We stand strongly and ter stated, survive in them. Here we rules and agree to the resolution, H. firmly with our ally South Korea and move from the nightmare of everyday Res. 1735. condemn this unwarranted, gross, un- life into a veritable hell on Earth, The question was taken. justified attack on South Korea. I com- where forced labor, near starvation, The SPEAKER pro tempore. In the mend Chairman BERMAN for bringing rape, and the cruelest forms of torture opinion of the Chair, two-thirds being this important resolution to the floor. prevail, and forced abortion and chem- in the affirmative, the ayes have it. Mr. POE of Texas. Mr. Speaker, I ical experimentation on inmates is Mr. POE of Texas. Mr. Speaker, I ob- yield 5 minutes to the gentleman from commonplace. ject to the vote on the ground that a New Jersey (Mr. SMITH), who is the Mr. Speaker, our government must quorum is not present and make the ranking member of the Foreign Affairs continue to stand in solidarity with all point of order that a quorum is not Subcommittee on Africa and Global those threatened and terrorized by the present. Health. monstrous Government of North The SPEAKER pro tempore. Pursu- Mr. SMITH of New Jersey. I thank Korea, and with the residents of ant to clause 8 of rule XX and the my good friend for yielding. Yeonpyeong Island, and with all the Chair’s prior announcement, further Mr. Speaker, I want to rise in strong people of both South and North Korea. proceedings on this motion will be support of H. Res. 1735, condemning I urge strong support for the resolu- postponed. North Korea’s unprovoked shelling of tion. The point of no quorum is considered Mr. BERMAN. Mr. Speaker, I reserve the South Korean island of Yeonpyeong withdrawn. on November 23. I want to thank my the balance of my time. f good friend and colleague Chairman Mr. POE of Texas. Mr. Speaker, I BERMAN and Ranking Member ILEANA yield 2 minutes to the gentleman from PROVIDING FOR APPROVAL OF Tennessee, Dr. ROE. ROS-LEHTINEN for introducing the reso- U.S.-AUSTRALIA NUCLEAR EN- Mr. ROE of Tennessee. Mr. Speaker, I lution. And I, too, like Mr. POE and ERGY AGREEMENT rise in strong support of this resolution others, am very proud to be a cospon- condemning North Korea’s act of ag- Mr. TANNER. Mr. Speaker, I move to sor. gression toward South Korea. Thirty- suspend the rules and pass the bill Mr. Speaker, with this resolution, we (H.R. 6411) to provide for the approval extend our deep condolences and sym- seven years ago, I was stationed in Korea, within an artillery shell of the of the Agreement Between the Govern- pathy to the families of those killed ment of the United States of America and injured in the attack. It’s espe- DMZ. I have seen firsthand and up close what freedom can do. When I ar- and the Government of Australia Con- cially fitting that we as Americans do cerning Peaceful Uses of Nuclear En- this since, along with the tremendous rived there, it was a military dictator- ship. Today, you have a market econ- ergy. sacrifices for freedom made by the peo- The Clerk read the title of the bill. ple of South Korea, we have lost tens of omy with a freely elected democracy that’s being attacked relentlessly, as The text of the bill is as follows: thousands of Americans in that same H.R. 6411 cause. other speakers have said, by the rogue Mr. Speaker, since the shelling of nation in the North. Be it enacted by the Senate and House of Rep- I can’t emphasize strong enough how resentatives of the United States of America in Yeonpyeong Island was an act of ag- important it is for us to act decisively Congress assembled, gression committed against an ally, against this act of aggression against a SECTION 1. APPROVAL OF AGREEMENT BE- the resolution also rightly affirms our free nation. And I want to associate my TWEEN THE GOVERNMENT OF THE alliance with South Korea, supports UNITED STATES OF AMERICA AND remarks also with all of the speakers further cooperation on security mat- THE GOVERNMENT OF AUSTRALIA that have been here today. I also want CONCERNING PEACEFUL USES OF ters, and calls on China to use its influ- to call on China to exert every bit of NUCLEAR ENERGY. ence to restrain North Korea. (a) IN GENERAL.—Notwithstanding the pro- Mr. Speaker, it’s important to re- pressure they can on the rogue nation of North Korea. I urge my colleagues to visions for congressional consideration of a member that North Korea’s aggression proposed agreement for cooperation in sub- toward South Korea has almost been support this resolution. section d. of section 123 of the Atomic En- Mr. BERMAN. I reserve the balance nonstop since 1950. It has taken the ergy Act of 1954 (42 U.S.C. 2153), the Agree- of my time. ment Between the Government of the United form of either full-scale war or, since Mr. POE of Texas. I yield myself such 1953, sporadic shelling and shooting and States of America and the Government of time as I may consume. Australia Concerning Peaceful Uses of Nu- skirmishing near the DMZ, or tunnel- In closing, Mr. Speaker, the United clear Energy, done at New York, May 4, 2010, ling under the DMZ, or seizing the Nations reports that North Korea may become effective on or after October 8, Pueblo, an American vessel, in 1968, or trades in missiles and nuclear tech- 2010, as if all the requirements in such sec- kidnapping South Koreans abroad, or nology with not only Syria and Iran, tion 123 for consideration of such agreement torpedoing the Cheonan, a South Ko- but even Burma. And this is a grave had been satisfied, subject to subsection (b) of this section. rean vessel, in March of this year. situation since China won’t do any- Similarly, since 1950, the North Ko- (b) APPLICABILITY OF ATOMIC ENERGY ACT thing, and North Korea takes our west- OF 1954 AND OTHER PROVISIONS OF LAW.— rean Government has treated its own ern money with the empty promises of citizenry with profound disrespect and Upon coming into effect, the agreement re- peace, but still rattles its sabers and ferred to in subsection (a) shall be subject to outright hostility. It makes normal soon will rattle its nuclear weapons. the provisions of the Atomic Energy Act of human relations impossible for them 1954 (42 U.S.C. 2011 et seq.) and any other ap- by creating a system in which parents b 1900 plicable United States law as if such agree- and children, friends and relatives are The United States must finally adopt ment had come into effect in accordance forced to spy and report on each a policy that holds both North Korea with the requirements of section 123 of the other—an atmosphere of total distrust, and China accountable for their bellig- Atomic Energy Act of 1954. total fear, and total social atomiza- erent actions against South Korea and The SPEAKER pro tempore. Pursu- tion. the free world. ant to the rule, the gentleman from

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.106 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7724 CONGRESSIONAL RECORD — HOUSE November 30, 2010 Tennessee (Mr. TANNER) and the gen- However, there are still several rea- in an effort to bribe Moscow into co- tleman from Texas (Mr. POE) each will sons the House should still vote to pass operating on Iran. control 20 minutes. this bill. The most important is the op- The strategy obviously has not The Chair recognizes the gentleman portunity to express our strong support worked, and the agreement certainly from Tennessee. and admiration for our close ally, Aus- cannot be sold on its merits. Moscow GENERAL LEAVE tralia. For seven decades the United sees this as a way to make money, but Mr. TANNER. Mr. Speaker, I ask States and Australia have developed it is difficult to identify how the unanimous consent that all Members ever closer ties, which have been re- United States might benefit from the have 5 legislative days to revise and ex- peatedly tested in both war and peace. agreement. tend their remarks and include extra- Beginning in World War II and ex- By voting for this bill, the House will neous material on the bill. tending through Korea, Vietnam, Iraq, reaffirm its strong support for the The SPEAKER pro tempore. Is there and now Afghanistan, the United United States’ alliance with our friends objection to the request of the gen- States and Australian troops have and allies, the Australians. tleman from Tennessee? fought side by side. In fact, Mr. Speak- It will thereby demonstrate that we There was no objection. er, Australia has been a loyal ally in will support nuclear cooperation agree- Mr. TANNER. Mr. Speaker, H.R. 6411 every major war since World War II ments only with those countries which approves the U.S.-Australia agreement that the United States has fought in. have earned our trust, which have not for peaceful nuclear cooperation, which Without its bedrock support, the de- aided our enemies, and which have con- replaces the current U.S.-Australia fense of our interests in the East and sistently acted to prevent the spread of agreement that expires in January. South Asia would be greatly under- nuclear weapons. Russia meets none of I know everyone here agrees that mined. Reliable allies are rare in this these conditions, and we must not re- Australia is a close friend and valued world, and close friends are even rarer. ward it for its actions that, either ally to our country. Moreover, Aus- This bill also is a recognition of Aus- recklessly or deliberately, have greatly tralia provides over 20 percent of the tralia’s exemplary record in preventing undermined the security of the Amer- uranium used by U.S. domestic nuclear the proliferation of nuclear weapons ican people and that of the world as a power reactors. While the United worldwide. It has taken responsibility whole. States does not need a framework very seriously and cooperated closely Mr. Speaker, I reserve the balance of agreement for peaceful nuclear co- with the United States on nonprolifera- my time. operation in force to purchase and re- tion issues across the board, most re- Mr. TANNER. Do you have any more ceive uranium fuel supplies, Australian cently by joining with us to impose speakers? law does require such an agreement in new and tougher sanctions on Iran. Mr. POE of Texas. We have no other order to export uranium. There is another and equally impor- speakers, Mr. Speaker. If a new agreement is not passed and tant reason the House should vote for The SPEAKER pro tempore. The gen- does not come into effect this year, it this bill: Namely, to demonstrate the tleman will address the Chair. will have to be resubmitted to the next contrast between this nuclear coopera- Mr. POE of Texas. I yield back the Congress. Given the statutory require- tion agreement with Australia and balance of my time. ment for 90 days of continuous session that proposed for Russia, which is also Mr. TANNER. Mr. Speaker, I yield to elapse, it would likely be May before before Congress and which also faces an back the balance of my time. the new agreement could come into ef- expiration of the 90-day deadline. The SPEAKER pro tempore. The fect. While Australia has been a reliable question is on the motion offered by If Australia is therefore forbidden by ally and a partner and honest with the the gentleman from Tennessee (Mr. its own law to export uranium to the United States, Russia has worked to TANNER) that the House suspend the United States in the interim, it would undermine our interests around the rules and pass the bill, H.R. 6411. stand to lose some $250 million in rev- world, from Iran to Europe and Ven- The question was taken; and (two- enue. But, more importantly, the bill ezuela to Syria. Moscow’s overt and thirds being in the affirmative) the would ensure that this new agreement covert assistance to Iran’s nuclear pro- rules were suspended and the bill was comes into force and that we, the gram has been crucial to Tehran’s passed. United States, can continue to pur- progress in developing a nuclear weap- A motion to reconsider was laid on chase what we require in this nuclear ons capabilities. the table. domestic power reaction field. It has built the Bushehr nuclear fa- I reserve the balance of my time, Mr. cility, which is scheduled to come on- f Speaker. line in January, and the Russians have b 1910 Mr. POE of Texas. Mr. Speaker, I said they are ready to construct sev- COMMENDING THE NATO SCHOOL yield myself such time as I may con- eral more. Russia has repeatedly acted sume. to protect Iran from international Mr. TANNER. Mr. Speaker, I move to This companion bill to S. 3844 en- pressure aimed at halting its nuclear suspend the rules and agree to the reso- sures that the proposed nuclear co- weapons program. lution (H. Res. 527) commending the operation agreement with Australia is Its repeated threats to veto any sig- NATO School for its critical support of approved before the existing agreement nificant U.N. Security Council effort to North Atlantic Treaty Organization expires at the end of this calendar impose sanctions on Iran have ensured (NATO) efforts to promote global year. that only weak measures have been peace, stability, and security, as Since the Australia 123 agreement adopted, which Tehran has laughed at amended. was submitted on May 5, changes to and ignored. Russia has also signed nu- The Clerk read the title of the resolu- the announced House schedule created clear cooperation agreements with the tion. the possibility that Congress might rogue regimes in Burma and Venezuela The text of the resolution is as fol- possibly adjourn before the agreement and continues to market its nuclear lows: met the Atomic Energy Act’s require- wares anywhere in the world to anyone H. RES. 527 ment of a review period of 90 days of that has a little money to spend. Whereas the NATO School in Oberam- continuous session. Given this record, an intelligent ob- mergau, Germany is the North Atlantic The direct result would have been a server might wonder why we are even Treaty Organization’s (NATO) premier oper- disruption of several months of our nu- considering nuclear cooperation with a ational-level education and training facility clear trade and cooperation with Aus- country so determined to undermine and has administered courses to over 185,000 tralia, which supplies the United our interests, that consistently does officers, noncommissioned officers, and civil- States 25 percent of its uranium. But not tell the truth. Well, the answer is ians from NATO allied and partner nations since its inception in 1953; now it appears that the projected ex- that this nuclear cooperation agree- Whereas for 60 years, NATO has served as tension of the lame duck session will ment was offered to Russia first by the the bedrock of transatlantic security and de- be sufficient to meet the 90-day re- previous and then by the current ad- fense, successfully defending the territories quirement. ministration as one of a series of gifts of its North American and European member

VerDate Mar 15 2010 06:40 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.110 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7725 states from a range of external threats and nization (NATO) efforts to promote global reflect current operations and develop- promoting democratic values throughout peace, stability, and security; ments in NATO, and in so doing, the North America, Europe, and Eurasia; (2) reaffirms its commitment to NATO as school strives for top-down clarity of Whereas since the fall of the Berlin Wall the bedrock of transatlantic security and de- vision in the educational process. and the end of the Cold War, NATO has been fense; and With the unveiling of NATO’s new adapting to address a range of new and (3) expresses appreciation to Colonel James emerging security challenges, including J. Tabak, USA–MC, for his leadership of the Strategic Concept earlier this month in transnational terrorism, the proliferation of NATO School during his tenure as com- Lisbon, which details NATO’s evolving weapons of mass destruction, the re-emer- mandant from June 2006 to June 2009 and to role in global affairs, it is especially gence of regional and local conflicts, cyber the NATO School faculty and staff for their important that we stop and take a mo- attacks, piracy, and threats to global energy hard work and commitment to advancing the ment to acknowledge and support the security; School’s mission, to NATO member states work of the NATO School so that we Whereas while NATO transforms to address and partner countries for their consistent can continue to operate as a truly uni- the emerging security challenges of the 21st and invaluable contribution of expert faculty fied alliance. century, the NATO School functions as the to the NATO School, and for the strong part- I would ask our colleagues to support Alliance’s primary vehicle to educate and nership between the United States and Ger- this resolution. train the men and women serving in NATO man governments in providing financial sup- missions to successfully carry out the full port and leadership for the NATO School. With that, I reserve the balance of spectrum of crisis management operations, my time. The SPEAKER pro tempore. Pursu- Mr. POE of Texas. Mr. Speaker, I from combat and peacekeeping to logistics ant to the rule, the gentleman from support, humanitarian relief and governance yield myself such time as I may con- Tennessee (Mr. TANNER) and the gen- enhancement, institution building, and civil sume. security; tleman from Texas (Mr. POE) each will Mr. Speaker, I want to first con- Whereas the NATO School plays a crucial control 20 minutes. gratulate the gentleman from Ten- role in supporting NATO’s ongoing oper- The Chair recognizes the gentleman nessee (Mr. TANNER) for sponsoring this ations in Afghanistan, Iraq, Kosovo, the from Tennessee. legislation, and I rise in strong support Mediterranean, and elsewhere, providing GENERAL LEAVE of House Resolution 527, which com- much of the training for NATO personnel Mr. TANNER. Mr. Speaker, I ask mends the NATO School in serving in NATO’s core stabilization mission unanimous consent that all Members Oberammergau, Germany, for its crit- in Afghanistan and conducting almost all of have 5 legislative days to revise and ex- NATO’s out-of-country training of Iraqi mili- ical support of the NATO Alliance’s ef- tary officers; tend their remarks and include extra- forts to promote global peace, stability Whereas NATO School efforts to support neous material on the resolution under and security. NATO’s ongoing mission in Afghanistan, in- consideration. The NATO School in Germany pro- cluding through its training for personnel in The SPEAKER pro tempore. Is there vides support and training for NATO’s NATO’s Provincial Reconstruction Teams, objection to the request of the gen- operations, including the stabilization are a particularly critical component of tleman from Tennessee? mission in Afghanistan and the train- international efforts to combat There was no objection. ing of Iraqi officers. The school offers transnational terrorism; Mr. TANNER. Mr. Speaker, this reso- courses and programs to individuals Whereas the NATO School offers a broad- lution commending the NATO School from different countries focusing on based and comprehensive approach to its for its critical efforts to promote training and educational activities including peace support operations, arms control courses in civil-military cooperation, crisis peace, stability and security is some- and nonproliferation, civil-military co- management, peace support operations, and thing long overdue, in my opinion. operation, governance and the building arms control and non-proliferation that draw Last year, I had the honor of partici- of military capacity in aspiring NATO upon a range of military, development, and pating in a visit of the bipartisan member states. governance tools; House delegation to the NATO Par- As we all know, the NATO Alliance Whereas the NATO School currently offers liamentary Assembly to the NATO was the heart of trans-Atlantic secu- 90 courses to individuals from over 100 coun- School in Oberammergau, Germany. rity during the Cold War and is now tries including an array of unique programs The NATO School’s mission is to pro- transforming itself to address new se- dedicated to building civilian, governance, vide courses in support of the current and military capacity in aspiring NATO curity challenges. There is indeed a member states; and developing NATO strategy and pol- multitude of emerging threats and Whereas in addition to offering courses at icy, including cooperation and dialogue challenges that the Alliance must play its headquarters in Oberammergau, the with military and civilian personnel a role in addressing, including the pro- NATO School conducts a variety of programs from non-NATO countries. As such, the liferation of weapons of mass destruc- through its network of 15 Partnership for school serves as NATO’s premier oper- tion and piracy and the challenge Peace Training and Education Centers lo- ational-level education and training NATO faces in the stabilization mis- cated in countries ranging from Ukraine to center, and it plays, I can tell you, a sion in Afghanistan. Indeed, NATO’s the United States; crucial role in preparing the United Whereas the NATO School raises a large performance in Afghanistan will serve portion of its operating expenses through States and its allies to face the evolv- as a test with regard to the Alliance’s tuition fees, but also receives significant fi- ing security challenges of the 21st cen- effectiveness and relevance in address- nancial support from both the United States tury. ing the security challenges of the 21st and German governments and relies in large Since 1953, more than 185,000 officers, century. part on the invaluable contribution of expert noncommissioned officers and civilians As the measure notes, the NATO faculty from NATO member states and part- from all allied and national military School itself is playing an important ner countries; commands within the NATO Alliance role in ensuring that the NATO mis- Whereas in February 2009 the NATO School have attended courses at the school. In sion in Afghanistan is a complete suc- hosted a United States Congressional delega- addition, students from the Alliance’s tion for the first time in the School’s history cess. when the United States House delegation to Partnership for Peace Program and the Again, I would like to express my the NATO Parliamentary Assembly (NATO Mediterranean Dialogue attend the support of this resolution, and I urge PA) visited the School in an effort to boost school. I’m proud to report that ours all my colleagues on both sides of the domestic and international public and par- was the first U.S. congressional delega- aisle to support it as well. liamentary support for NATO missions and tion to visit the NATO School in its 57- I reserve the balance of my time. activities; and year history. Mr. TANNER. Thank you, Mr. POE. Whereas Congress continues to support the The curriculum taught at the NATO At this time, it is with a great deal of NATO School and recognizes the critical role School offers our soldiers, civilian pleasure that I yield 3 minutes to my it plays in enhancing the ability of NATO leaders and allies over 90 different spe- colleague, David Scott, from Georgia. and the United States to successfully con- front the security challenges of the 21st cen- cialized courses on subjects such as Mr. SCOTT is a member of the NATO tury: Now, therefore, be it arms control strategies, counterinsur- parliamentary delegation from the Resolved, That the House of Representa- gency training, intelligence gathering, Congress to the NATO Parliamentary tives— electronic warfare, special operations Assembly headquartered in Brussels, (1) commends the NATO School for its crit- and a host of other programs. Courses and he has made an enormous con- ical support of North Atlantic Treaty Orga- are continually revised and updated to tribution in that area.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.055 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7726 CONGRESSIONAL RECORD — HOUSE November 30, 2010 Mr. SCOTT of Georgia. Thank you not only for this resolution, but I com- and the proliferation of nuclear, biological, very much, Mr. TANNER. I certainly ap- mend Mr. TANNER also for the extraor- or chemical weapons to regional and local preciate that. dinary service that he has given over conflicts and failing and failed states; Mr. Speaker, I rise today in order to the years to NATO. Whereas successful resolution of these 21st recognize and commend the NATO century security challenges will require Mr. POE of Texas. I yield back the strong transatlantic cooperation and inter- School for its critical support of balance of my time. national, interagency, and interdisciplinary NATO’s efforts to promote global Mr. TANNER. Mr. Speaker, I yield responses; peace, stability and security. As a back the balance of my time. Whereas through its tailored educational member of the NATO Parliamentary The SPEAKER pro tempore (Mr. and outreach programs in areas ranging from Assembly, I have seen firsthand and I MCMAHON). The question is on the mo- transnational terrorism and post-conflict have been a part of and supported the tion offered by the gentleman from stability operations to advanced security studies, the Marshall Center prepares leaders many great efforts of the North Atlan- Tennessee (Mr. TANNER) that the House tic Treaty Organization to maintain from North America, Europe, and Eurasia to suspend the rules and agree to the reso- address emerging security challenges and to security and favorable relations be- lution, H. Res. 527, as amended. forge a 21st century security environment tween not only the NATO member The question was taken. defined by peace and cooperation; states but with those states that are The SPEAKER pro tempore. In the Whereas the Marshall Center’s programs outside of the region and our 28-nation opinion of the Chair, two-thirds being play a vital role in building support for Alliance. in the affirmative, the ayes have it. United States and German defense and secu- Mr. Speaker, for over 60 years, NATO Mr. POE of Texas. Mr. Speaker, I ob- rity policy and strategies, and fostering un- has been the foundation in maintaining ject to the vote on the ground that a derstanding and support among friends and trans-Atlantic security and defense. It allies to combat transnational terrorism and quorum is not present and make the other security threats and to transform na- has successfully defended the terri- point of order that a quorum is not tional defense establishments to effectively tories of its North American and Euro- present. meet the array of 21st century security chal- pean member states from numerous ex- The SPEAKER pro tempore. Pursu- lenges; ternal threats while promoting democ- ant to clause 8 of rule XX and the Whereas to date, general officers, members racy and its values throughout the Chair’s prior announcement, further of parliament, ministers, ambassadors, and Western World and Eurasia. Since proceedings on this motion will be other high-ranking government officials NATO’s beginning, the NATO School in postponed. from over 100 countries have benefited from Germany has served as a premier oper- the Marshall Center’s unique programs; and The point of no quorum is considered Whereas the United States House of Rep- ational-level education and training fa- withdrawn. resentatives’ delegation to the NATO Par- cility and has supplemented the knowl- f liamentary Assembly (NATO PA) visited the edge, skills and experience of over Marshall Center in February 2009, recognizes 185,000 officers, noncommissioned offi- b 1920 the importance of the Center’s work, and cers, and civilians from NATO-allied seeks to support the Center’s efforts by en- and partner nations. COMMENDING THE MARSHALL gaging in constructive dialogue with parlia- Mr. Speaker, I have visited the NATO CENTER mentarians from NATO member and asso- School personally during a recent trip Mr. TANNER. Mr. Speaker, I move to ciate and observer states on key trans- atlantic security issues: Now, therefore, be it to Germany, and I have seen firsthand suspend the rules and agree to the reso- Resolved, That the House of Representa- the extraordinary and effective job lution (H. Res. 528) commending the tives— that they are doing. As NATO con- George C. Marshall European Center (1) commends the Marshall Center for its tinues to evolve and transform to ad- for Security Studies for its efforts to efforts to promote peace, stability, and secu- dress 21st century threats, the NATO promote peace, stability and security rity throughout North America, Europe, and School’s importance is all the more throughout North America, Europe, Eurasia; emphasized. Its support role is critical and Eurasia. (2) expresses appreciation for the strong to NATO’s ongoing operations in Af- The Clerk read the title of the resolu- partnership between the United States and German governments in advancing their mu- ghanistan and Iraq, Kosovo and else- tion. tual national security interests through the where, and the NATO School continues The text of the resolution is as fol- Marshall Center’s programs; to provide much of the training for per- lows: (3) expresses appreciation to Marshall Cen- sonnel serving in NATO stabilization H. RES. 528 ter Director Dr. John P. Rose and his out- mission in Afghanistan and conducts Whereas The George C. Marshall European standing faculty and staff for their hard much of NATO’s out-of-country train- Center for Security Studies (the Marshall work and commitment to advancing the Cen- ing of Iraqi military officers. It is very Center), a joint partnership of the United ter’s mission; important to note that the training States and German governments located in (4) notes that the security of the United States remains inseparably linked to peace and education the school provides be- the German city of Garmisch-Partenkirchen, is a world-renowned international security and stability on the European continent; and yond strictly military strategies, in- (5) reaffirms its commitment to promoting cluding civil-military cooperation, cri- and defense studies institute promoting dia- logue and understanding among the nations transatlantic cooperation through inter- sis management, and peace support op- of North America, Europe, and Eurasia; national collaborative educational programs erations and arms control and non- Whereas since its inception in 1993, the such as those offered by the Marshall Center. proliferation, issues that draw upon a Marshall Center has sought to advance the The SPEAKER pro tempore. Pursu- range of military, development and legacy, goals, and ideals of the 1948–1951 Mar- ant to the rule, the gentleman from governance tools. shall Plan by advancing democratic institu- Tennessee (Mr. TANNER) and the gen- Our recognition of the NATO School tions, promoting peaceful security coopera- tleman from Texas (Mr. POE) each will today, Mr. Speaker, falls just 2 days tion, and enhancing partnerships among the control 20 minutes. after confirmation that six NATO nations of North America, Europe, and Eur- The Chair recognizes the gentleman troops were killed during training op- asia; Whereas the Marshall Center has played from Tennessee. erations in eastern Afghanistan. Their and continues to play a critical role in fos- GENERAL LEAVE sacrifices underscore the continued im- tering the peaceful transition to stable Mr. TANNER. Mr. Speaker, I ask portance and relevance of NATO and democratic governance in the formerly com- unanimous consent that all Members the NATO School as it evolves in the munist states of Central and Eastern Europe may have 5 legislative days in which to 21st century, making our Nation’s com- and Eurasia by developing and expanding de- revise and extend their remarks and in- mitment to the organization and its ef- fense and security cooperation between these clude extraneous material on the reso- forts to promote global peace and de- countries and North America and Western lution under consideration. Europe; mocracy all the more important. The SPEAKER pro tempore. Is there So this resolution is very important, Whereas today, the security of the United States remains inseparably linked to the objection to the request of the gen- and I commend the gentleman from peace and stability of Europe and Eurasia; tleman from Tennessee? Tennessee (Mr. TANNER), who is also Whereas the United States and Europe face There was no objection. the president of the NATO Parliamen- an array of new and emerging security chal- Mr. TANNER. Mr. Speaker, I yield tary Assembly. And I commend him lenges ranging from transnational terrorism myself such time as I may consume.

VerDate Mar 15 2010 05:04 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.115 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7727 This resolution goes hand in glove as our country’s Secretary of State (H.R. 6398) to require the Federal De- with the one that we just took up. It under President Harry Truman. posit Insurance Corporation to fully in- commends the George Marshall Euro- General Marshall is most remem- sure Interest on Lawyers Trust Ac- pean Center for Security Studies. Last bered for his role in formulating the fa- counts, as amended. year when we visited the NATO School mous Marshall Plan, which sought to The Clerk read the title of the bill. in Oberammergau, we went then to the help rebuild and strengthen war-torn The text of the bill is as follows: Marshall Center, which is located in Western Europe after World War II. H.R. 6398 Garmisch not far from Oberammergau, The center, established in 1993, plays a Be it enacted by the Senate and House of Rep- in Garmisch-Partenkirchen, Germany, significant role in helping the formerly resentatives of the United States of America in to highlight our interest as Members of communist countries of Europe and Congress assembled, Congress in what was happening and Eurasia to strengthen their democratic SECTION 1. INTEREST ON LAWYERS TRUST AC- taking place in both the NATO School institutions while developing security COUNTS. cooperation with the other countries in (a) IN GENERAL.—Section 11(a)(1)(B)(iii) of and in the Marshall Center there. the Federal Deposit Insurance Act, as added The Marshall Center was formed in the trans-Atlantic community. Thousands of leading officers from by section 343 of the Dodd-Frank Wall Street 1993 as a German-American partner- Reform and Consumer Protection Act (Pub- ship. The Marshall Center is a world- dozens of different countries have par- ticipated in programs and courses at lic Law 111–203), is amended— renowned international security and (1) by redesignating subclauses (I), (II), and the Marshall Center focusing on com- defense studies institute with the mis- (III) as items (aa), (bb), and (cc), respec- mon security threats, the building of sion of creating a more stable security tively, and adjusting the margins accord- defense institutions, and the fostering environment by advancing democratic ingly; of partnerships among the nations of institutions and relationships, espe- (2) by striking ‘‘means a deposit’’ and in- North America, Europe, and Eurasia. serting the following: cially in the field of defense; promoting Through its program, the Marshall ‘‘means— peaceful security cooperation; and Center also serves as an important tool ‘‘(I) a deposit’’; strengthening partnerships among na- in strengthening partnerships aimed at (3) in item (cc), as so redesignated, by tions of North America, Europe, and addressing new and emerging security striking the period at the end and inserting Eurasia. challenges, including the proliferation ‘‘; and’’; and It is named after the legacy and vi- (4) by adding at the end the following: of nuclear, biological, and chemical ‘‘(II) a trust account established by an at- sion of General George C. Marshall. weapons. Among other things, this res- The Marshall Plan, as we all remember torney or law firm on behalf of a client, com- olution commends the Marshall Center monly known as an ‘Interest on Lawyers after World War II, was a highly suc- for its work in promoting peace, sta- Trust Account’, or a functionally equivalent cessful event, and the Marshall Center bility, and security throughout North account, as determined by the Corporation.’’. has a variety of unique courses and America, Europe, and Eurasia. (b) EFFECTIVE DATE.—The amendments programs which involve officials from I support this bipartisan measure and made by subsection (a) shall take effect on more than 110 countries. The center urge my colleagues on both sides to December 31, 2010. contributes, in our view, to the na- support it as well. SEC. 2. DETERMINATION OF BUDGETARY EF- tional strategy of security cooperation I reserve the balance of my time. FECTS. throughout the region through profes- Mr. TANNER. Mr. Speaker, I reserve The budgetary effects of this Act, for the purpose of complying with the Statutory sional education and research, dia- the balance of my time. Pay-As-You-Go Act of 2010, shall be deter- logue, and detailed and thoughtful ex- Mr. POE of Texas. Before I yield back mined by reference to the latest statement amination of issues that confront na- the balance of my time, I want to com- titled ‘‘Budgetary Effects of PAYGO Legisla- tions today. mend Mr. TANNER for this resolution tion’’ for this Act, submitted for printing in I am proud of recognizing these insti- and the previous resolution, and his the Congressional Record by the Chairman of tutions, particularly the NATO School long-time work with NATO and his 22 the House Budget Committee, provided that and the Marshall Center, because I years’ experience here in the House of such statement has been submitted prior to think it is very important now in this Representatives, much of that time the vote on passage. uncertain time internationally, and we serving on the Foreign Affairs Com- The SPEAKER pro tempore. Pursu- have been talking about it now for 30 mittee. ant to the rule, the gentleman from minutes about the uncertainty in the I yield back the balance of my time. Texas (Mr. DOGGETT) and the gentle- world today, that we, as the United Mr. TANNER. Mr. Speaker, I yield woman from Illinois (Mrs. BIGGERT) States House of Representatives, recog- back the balance of my time. each will control 20 minutes. nize and applaud what is taking place The SPEAKER pro tempore. The The Chair recognizes the gentleman there in Germany in these two institu- question is on the motion offered by from Texas. the gentleman from Tennessee (Mr. tions. GENERAL LEAVE I think it is time well spent for us to TANNER) that the House suspend the Mr. DOGGETT. Mr. Speaker, I ask debate, and the critical role that the rules and agree to the resolution, H. unanimous consent that all Members Marshall Center is playing, particu- Res. 528. may have 5 legislative days within The question was taken. larly in fostering peaceful transitions The SPEAKER pro tempore. In the which to revise and extend their re- and stable democracy in the former opinion of the Chair, two-thirds being marks on this legislation and insert ex- Warsaw Pact communist states of Cen- in the affirmative, the ayes have it. traneous material herein. tral and Eastern Europe and Eurasia, is Mr. POE of Texas. Mr. Speaker, I ob- The SPEAKER pro tempore. Is there particularly important today. ject to the vote on the ground that a objection to the request of the gen- With that, Mr. Speaker, I reserve the quorum is not present and make the tleman from Texas? balance of my time. point of order that a quorum is not There was no objection. Mr. POE of Texas. Mr. Speaker, I present. Mr. DOGGETT. Mr. Speaker, I yield yield myself such time as I may con- The SPEAKER pro tempore. Pursu- myself such time as I may consume. sume. ant to clause 8 of rule XX and the Mr. Speaker, I thank the chairman Mr. Speaker, I rise in support of Chair’s prior announcement, further and ranking member of the Financial House Resolution 528, a measure that proceedings on this motion will be Services Committee, Mr. FRANK and commends the George C. Marshall Eu- postponed. Mr. BACHUS; my colleague and member ropean Center for Security Studies for The point of no quorum is considered of the Financial Services Committee, its efforts to promote peace, stability, withdrawn. Mrs. BIGGERT; as well as Leaders and security throughout North Amer- f HOYER and BOEHNER for their assist- ica, Europe, and Eurasia. ance in expediting the consideration of The Marshall Center, located in Ger- REQUIRING FDIC TO FULLY IN- this measure. many, is named after George C. Mar- SURE INTEREST ON LAWYERS When an attorney receives funds for shall, a general in the United States TRUST ACCOUNTS use on behalf of a client, those funds Army, who served as U.S. Army Chief Mr. DOGGETT. Mr. Speaker, I move are usually deposited in a trust ac- of Staff during World War II, and later to suspend the rules and pass the bill count at some financial institution.

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.118 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7728 CONGRESSIONAL RECORD — HOUSE November 30, 2010 Many years ago, leaders in the legal The IOLTA program represents a sig- Mr. DOGGETT. Mr. Speaker, our col- community across America determined nificant source of financial support to league from Illinois has provided fur- that interest could be earned on such civil legal aid programs for the poor. ther explanation of the nature of this accounts and applied to finance legal These programs operate in all 50 bill. It is a clean proposal. If we do not services for those who otherwise might States. In 37 States, including my get this into law before the end of De- have no access to our justice system. home State of Illinois, they are manda- cember, there will be some problems They recognized, as we do today, the tory. IOLTAs contain client funds held presented. So I would hope not only wisdom of Judge Learned Hand’s writ- by a lawyer for a short period of time. that we would approve it here but that ing: ‘‘If we are to keep our democracy, Interest generated from these accounts the Senate would act promptly to ap- there must be one commandment— is paid to charitable organizations, not prove this narrow bill without attach- thou shall not ration justice.’’ to the lawyer or the client. ing any other extraneous matter to it. For decades, revenue from these In- In 1978, Florida was the first State to In closing, I would also extend my terest on Lawyer’s Trust Accounts, or establish an IOLTA program. Illinois thanks to both the Democrat and Re- IOLTAs as they are commonly referred became the 11th State to establish publican staffs on the Financial Serv- to, have provided a key funding source IOLTAs, and in 1983, the Supreme ices Committee for working with us to for the disadvantaged in all 50 States. Court of Illinois required that the in- see that this measure is promptly ap- Before coming to Congress, I served as terest from these accounts be collected proved. a justice on the Texas Supreme Court, and administered by the Lawyers Trust I would move adoption of the bill. which sets forth the rules and oversees Fund, a not-for-profit corporation cre- I yield back the balance of my time. the operation of such IOLTA accounts ated in 1981 by the Illinois State Bar The SPEAKER pro tempore. The in my State. Association and the Chicago Bar Asso- question is on the motion offered by ciation. Since then, these funds have the gentleman from Texas (Mr. b 1930 supported civil legal assistance to the DOGGETT) that the House suspend the impoverished in Illinois. I saw firsthand the benefits of these rules and pass the bill, H.R. 6398, as When State legislatures and State programs in ensuring access to justice amended. for those who otherwise might be un- supreme courts created IOLTA, the FDIC carved out an exception to Regu- The question was taken; and (two- able to secure justice. Some of those thirds being in the affirmative) the who need legal assistance the most— lation D that allowed the payment of interest on these demand accounts. rules were suspended and the bill, as veterans who have served honorably, amended, was passed. domestic violence victims, and persons The current Term Asset Guarantee program, or TAG program, under which A motion to reconsider was laid on with disabilities—are too often the the table. least able to obtain it. In some States, the FDIC guarantees the total amount IOLTA funds are also used to reduce of client funds maintained in IOLTAs, f expires December 31, 2010. The Dodd- litigation by encouraging conflict reso- SUPPORTING NATIONAL HOME- Frank Act creates an equivalent pro- lution outside of the court system. LESS PERSONS’ MEMORIAL DAY After hearing a few weeks ago from gram, running for 2 years beginning Mr. PETERS. Mr. Speaker, I move to Terry Tottenham, who is the president January 1, 2011, but makes several suspend the rules and agree to the con- of the State Bar of Texas, and after changes, including a more narrow defi- current resolution (H. Con. Res. 325) hearing from a number of other local nition of a ‘‘covered account.’’ In what supporting the goals and ideals of Na- leaders, I introduced this bill to assure appears to have been a drafting error, tional Homeless Persons’ Memorial continued full FDIC protection for IOLTAs were not covered under the new program established by the Dodd- Day. these trust accounts. This protection, Frank Act. This bill corrects that inad- The Clerk read the title of the con- which exists today under existing law, vertent omission so that IOLTAs are current resolution. would otherwise have expired for these fully insured. The text of the concurrent resolution accounts at the end of this year, when If the current guarantee were allowed is as follows: the existing law is to be fully replaced to lapse, attorneys in the 37 States by the extensive new Wall Street re- H. CON. RES. 325 with IOLTA mandates, acting in ac- Whereas more than 500,000 people in the form law. Today’s legislation simply cordance with their fiduciary duties to extends existing Federal Deposit Insur- United States do not have a place to call maintain the security of the client home each night and half of them are with- ance Corporation protection into the funds, might be forced to transfer out shelter; future. IOLTA accounts from local community Whereas nationwide each year, an esti- At a time when interest rates are at banks to larger, safer institutions, and mated 2,000,000 people experience homeless- an all-time low, it is particularly im- attorneys in the other jurisdictions ness; portant that there be a complete gov- might be forced to transfer funds from Whereas adequate housing is essential for ernment-backed guarantee against any healthy families and communities; IOLTA accounts to non-interest-bear- Whereas housing has become increasingly loss on these trust accounts. Such pro- ing accounts to qualify for unlimited tection also ensures that small, inde- inaccessible due to rising costs and a short- FDIC coverage. If the coverage for age of rental and single-family housing; pendent banks are on a level playing these accounts is not extended, a crit- Whereas a recent study published in the field with their larger competitors in ical source of civil legal aid might un- May 13, 2010, American Journal of Public securing these trust fund deposits. This necessarily and inappropriately shrink. Health has shown that over 70 percent of peo- bill is supported by a broad range of In addition, according to the Inde- ple experiencing homelessness have at least groups, including the Independent pendent Community Bankers of Amer- one unmet health need and almost half re- Community Bankers of America and ica, the ICBA, ‘‘without this coverage, port two or more; Whereas the mortality rate among home- the American Bar Association. I urge potentially hundreds of millions of dol- my colleagues to approve it. less populations has been shown to be almost lars will be withdrawn from IOLTAs, four times that of the general population; I reserve the balance of my time. adversely impacting liquidity in the Whereas every member of society, includ- Mrs. BIGGERT. I yield myself such banking system with a dispropor- ing individuals experiencing homelessness, time as I may consume. tionate impact on community banks.’’ deserves the dignity of safe, decent, acces- Mr. Speaker, I rise in support of H.R. This bill is supported by the ICBA sible, and affordable housing; 6398, which would extend the current and the American Bar Association. The Whereas the President and Congress were Federal Deposit Insurance Corpora- Congressional Budget Office has deter- presented on June 22, 2010, ‘‘Opening Doors: tion’s, or FDIC’s, guarantee of Interest mined that, although the bill costs $15 Federal Strategic Plan to Prevent and End on Lawyer Trust Accounts, also called million over a period of 5 years, the bill Homelessness’’ which describes how the Fed- IOLTAs, for another 2 years. eral Government will partner with States, would raise $2 million over a 10-year local communities, nonprofit organizations, I would also like to thank my col- period. and the private sector; league from Texas (Mr. DOGGETT) for I again urge support for the legisla- Whereas remembering that winter poses introducing this corrections bill to tion, and I yield back the balance of extreme hardships for inadequately housed amend the Dodd-Frank Act. my time. low-income men, women, and children across

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.120 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7729 the United States, the National Coalition for I want to thank Congressman ALCEE Member who hasn’t already done so to the Homeless and the National Healthcare HASTINGS for introducing this impor- consider joining this important new for the Homeless Council will hold memorial tant resolution. caucus. Following our initial launch, services on December 21, 2010, for those who An estimated 2 million people experi- we held a successful briefing in October die each year because of conditions associ- to discuss ending veterans’ homeless- ated with homelessness; ence homelessness in the United States Whereas December 21, 2010, is the first day each year, and every night, more than ness. During the 112th Congress, we of winter and the longest night of the year; a half a million people are homeless. hope to hold similar forums to facili- Whereas the spirit of the holiday season These individuals are at a high risk for tate exchanges among interested provides an opportunity for affirmation and mortality, sickness, and mental illness. stakeholders to raise national atten- renewal regarding the commitment to end- The mortality rate among homeless tion and discuss solutions to the chal- ing homelessness and promoting compassion persons is four times greater than that lenges facing homeless families, vet- and concern for all, especially the homeless; of the general population. erans, and especially children and Whereas in remembering those who died on Furthermore, according to a 2010 youth. the streets, the cause of ending homelessness Today, with this concurrent resolu- is kept urgent as is the Nation’s collective study published in the American Jour- commitment to preventing such deaths in nal of Public Health, over 70 percent of tion, we bring to the attention of our the future; and the homeless population has at least colleagues one of the most tragic reali- Whereas National Homeless Persons’ Me- one unmet health need, and almost half ties that too often goes unnoticed morial Day is recognized on December 21, report two or more. In particular, ap- among homeless Americans, the loss of 2010: Now, therefore, be it proximately 2 million youth experience life. Each year, the National Coalition Resolved by the House of Representatives (the homelessness over the course of a year, for the Homeless organizes memorial Senate concurring), That Congress— events on the first day of winter to rec- (1) supports the goals and ideals of Na- and nearly 200,000 children in families were homeless, which is according to a ognize those Americans who have tional Homeless Persons’ Memorial Day, in passed away. Last year, over 150 cities recognition of the people who have died on recent one-night count of homelessness the streets, in emergency shelters, con- by the Urban Institute. held events to honor those homeless demned or abandoned properties, and from The problem facing the homeless is children and adults who died, many elements directly related to homelessness; also why House Concurrent Resolution without any family, friends or loved (2) encourages the President to issue a 325 is so important. It will recognize ones being given a chance to bear wit- proclamation in support of the goals and December 21, 2010, as National Home- ness to their final moments or to ideals of National Homeless Persons’ Memo- less Persons’ Memorial Day, and it will mourn their loss. While homeless indi- rial Day; viduals too often die in anonymity, (3) encourages States, territories, posses- reaffirm the commitment of Congress to end homelessness by promoting a their lives each held meaning, purpose sions of the United States, and localities to and value. This resolution is an oppor- support the goals and ideals of National comprehensive national response to ad- Homeless Persons’ Memorial Day by issuing dress the housing, health, and eco- tunity to recognize that fact and re- proclamations designating National Home- nomic causes and consequences of ex- flect on the lives that have been lost. This winter in the Chicago area, less Persons’ Memorial Day; treme poverty. church officials and members, home- (4) encourages media organizations to par- Preventing homelessness has been a ticipate in National Homeless Persons’ Me- less providers, volunteers, government longtime priority for Congress and this morial Day to help educate the public about officials, and others will gather on Na- administration. On May 20, 2009, Presi- homelessness in the United States; tional Homeless Persons’ Memorial dent Obama signed into law S. 896, the (5) commends the efforts of the States, ter- Day. In my home district, DuPage Pub- Helping Families Save Their Homes ritories, and possessions of the United States lic Action to Deliver Shelter, or who support the goals and ideals of National Act, which included the Homeless Homeless Persons’ Memorial Day; DuPage PADS, will host an event to Emergency Assistance and Rapid Tran- recognize the lives of six homeless peo- (6) recognizes and reaffirms the Nation’s sition to Housing Act. commitment to ending homelessness by pro- ple in DuPage County who passed away moting a comprehensive national response b 1940 in 2010. In the City of Chicago, where that addresses the housing, health care, in- House Concurrent Resolution 325 fur- an estimated 25 homeless people have come, and civil rights causal factors and con- thers the mission of Congress to help passed away this year, the Ignatian sequences of extreme poverty; and Spirituality Project will sponsor a me- (7) acknowledges all of the people in the prevent and end homelessness in the United States. I commend Congress- morial service at St. Patrick’s Church. United States living on the streets who have Whether in public or in prayer, I en- man HASTINGS for introducing this paid the ultimate price for the Nation’s fail- courage my colleagues in Congress as ure to end homelessness and salutes the dedi- very important legislation and urge my well as Americans across our great cated professionals and organizations who colleagues to vote in support of House country to take a moment during this provide assistance to people in need. Concurrent Resolution 325. holiday season to remember our home- The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of less neighbors who have passed on. I ant to the rule, the gentleman from my time. also encourage every American to join Michigan (Mr. PETERS) and the gentle- Mrs. BIGGERT. Mr. Speaker, I yield together at local events this winter as woman from Illinois (Mrs. BIGGERT) myself such time as I may consume. we continue our national campaign to each will control 20 minutes. Mr. Speaker, I rise today as an origi- The Chair recognizes the gentleman prevent and end homelessness. nal cosponsor of House Concurrent Res- I ask my colleagues to support this from Michigan. olution 325, supporting the goals and resolution. GENERAL LEAVE ideals of National Homeless Persons’ Mr. HASTINGS of Florida. Mr. Speaker, I Mr. PETERS. Mr. Speaker, I ask Memorial Day on December 21, 2010. rise today to offer my strong support of House unanimous consent that all Members I thank Mr. PETERS of Michigan for Concurrent Resolution 325, a concurrent reso- may have 5 legislative days in which to managing this bill. I would also like to lution to support the goals and ideals of a Na- revise and extend their remarks on this thank my colleagues, Mr. HASTINGS of tional Homeless Persons’ Memorial Day, in legislation and to insert extraneous Florida, Mr. DAVIS of Kentucky and recognition of the people who have died on material thereon. Ms. BERNICE JOHNSON of Texas, who all our streets, in emergency shelters, con- The SPEAKER pro tempore. Is there worked to bring this important meas- demned or abandoned properties, and from objection to the request of the gen- ure to the floor. elements directly related to homelessness. tleman from Michigan? As many of you know, the four of us On or near the first day of winter and the There was no objection. joined together this May to form the longest night of the year, National Homeless Mr. PETERS. I yield myself such bipartisan Congressional Caucus on Persons’ Memorial Day events have been held time as I may consume. Homelessness. As part of that effort, nationwide every year since 1990 to remem- Mr. Speaker, I rise in strong support we aim to raise awareness about the ber the homeless persons whose lives and of House Concurrent Resolution 325, importance of preventing and ending deaths might otherwise go without any rec- which supports the goals and ideals of homelessness in our country through ognition. National Homeless Persons’ Memorial efforts such as the resolution before us Throughout my home state of Florida, this Day. today. I would strongly encourage any important day is recognized, along with over

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Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is amended by adding at the tions, including the National Coalition for the The point of no quorum is considered end the following new subsection: Homeless, the National Consumer Advisory withdrawn. ‘‘(f) PROGRAM OBJECTIVES STUDY.—In fur- Board, and the National Health Care for the f therance of the program objectives listed in sub- Homeless Council, National Homeless Per- section (a) of this section, the Secretary shall, sons’ Memorial Day brings attention to the NUCLEAR ENERGY RESEARCH AND within one year after the date of enactment of tragedy of homelessness and memorializes DEVELOPMENT ACT OF 2010 this subsection, transmit to the Congress a re- our homeless neighbors and friends who have Mr. GORDON of Tennessee. Mr. port on the results of a study on the scientific lost their lives because of our collective failure Speaker, I move to suspend the rules and technical merit of major State requirements and standards, including moratoria, that delay to end homelessness. and pass the bill (H.R. 5866) to amend More than half a million people in the United or impede the further development and commer- the Energy Policy Act of 2005 requiring cialization of nuclear power, and how the De- States do not have a place to call home each the Secretary of Energy to carry out partment in implementing the programs can as- night and half of them are without shelter. Na- initiatives to advance innovation in sist in overcoming such delays or impediments.’’. tionwide each year, an estimated 2,000,000 nuclear energy technologies, to make SEC. 5. NUCLEAR ENERGY RESEARCH AND DE- people experience homelessness. Further- nuclear energy systems more competi- VELOPMENT PROGRAMS. more, the mortality rate among homeless pop- tive, to increase efficiency and safety Section 952 of the Energy Policy Act of 2005 ulations has been shown to be almost four of civilian nuclear power, and for other (42 U.S.C. 16272) is amended by striking sub- times that of the general population. Home- purposes, as amended. sections (c) through (e) and inserting the fol- lessness is expensive and can be prevented. lowing: The Clerk read the title of the bill. ‘‘(c) REACTOR CONCEPTS.— This resolution provides us with the oppor- The text of the bill is as follows: tunity to commend the efforts of the States, ‘‘(1) IN GENERAL.—The Secretary shall carry H.R. 5866 out a program of research, development, dem- territories, and possessions of the United Be it enacted by the Senate and House of Rep- onstration, and commercial application to ad- States who support the goals and ideals of vance nuclear power systems as well as tech- National Homeless Persons’ Memorial Day, to resentatives of the United States of America in Congress assembled, nologies to sustain currently deployed systems. encouraged those not already doing so, and to ‘‘(2) DESIGNS AND TECHNOLOGIES.—In con- SECTION 1. SHORT TITLE. salute the dedicated professionals and organi- ducting the program under this subsection, the This Act may be cited as the ‘‘Nuclear Energy Secretary shall examine advanced reactor de- zations who provide assistance 365 days a Research and Development Act of 2010’’. year to people in need. signs and nuclear technologies, including those SEC. 2. OBJECTIVES. Most importantly, a national memorial day that— Section 951(a) of the Energy Policy Act of 2005 ‘‘(A) are economically competitive with other will ensure that we keep the problem in per- (42 U.S.C. 16271(a)) is amended— spective. Through all the statistics on home- electric power generation plants; (1) by redesignating paragraphs (2) through ‘‘(B) have higher efficiency, lower cost, and lessness, all too often, we forget that numbers (8) as paragraphs (5) through (11), respectively; improved safety compared to reactors in oper- correspond to actual individuals with actual (2) by inserting after paragraph (1) the fol- ation as of the date of enactment of the Nuclear lives and families. lowing new paragraphs: Energy Research and Development Act of 2010; As the 2010 Federal Strategic Plan to Pre- ‘‘(2) Reducing the costs of nuclear reactor sys- ‘‘(C) utilize passive safety features; vent and End Homelessness declares: ‘‘There tems. ‘‘(D) minimize proliferation risks; are no ‘homeless people,’ but rather people ‘‘(3) Reducing used nuclear fuel and nuclear ‘‘(E) substantially reduce production of high- who have lost their homes who deserve to be waste products generated by civilian nuclear en- level waste per unit of output; ergy. treated with dignity and respect.’’ In remem- ‘‘(F) increase the life and sustainability of re- ‘‘(4) Supporting technological advances in actor systems currently deployed; bering those who died on the streets, the areas that industry by itself is not likely to un- ‘‘(G) use improved instrumentation; cause of ending homelessness is kept urgent dertake because of technical and financial un- ‘‘(H) are capable of producing large-scale as is the Nation’s collective commitment to certainty.’’; and quantities of hydrogen or process heat; or preventing such deaths in the future. (3) by inserting after paragraph (11), as so re- ‘‘(I) minimize water usage or use alternatives Mr. Speaker, we must remember their designated, the following new paragraph: to water as a cooling mechanism. lives—men, women, and children—and we ‘‘(12) Researching and developing technologies ‘‘(3) INTERNATIONAL COOPERATION.—In car- must remember why they died. and processes so as to improve and streamline rying out the program under this subsection, the I urge my colleagues to support this resolu- the process by which nuclear power systems Secretary shall seek opportunities to enhance tion and reaffirm Congress’ commitment to meet Federal and State requirements and stand- the progress of the program through inter- ards.’’. national cooperation through such organiza- ending homelessness by promoting a com- SEC. 3. FUNDING. tions as the Generation IV International Forum, prehensive national response that addresses Section 951 of the Energy Policy Act of 2005 or any other international collaboration the the housing, health care, income, and civil (42 U.S.C. 16271) is further amended— Secretary considers appropriate. rights causal factors and consequences of ex- (1) in subsection (b), by striking paragraphs ‘‘(4) EXCEPTIONS.—No funds authorized to be treme poverty. Let us make this year’s first (1) through (3) and inserting the following: appropriated to carry out the activities de- night of winter and longest night of the year, ‘‘(1) $419,000,000 for fiscal year 2011; scribed in this subsection shall be used to fund December 21, 2010, a true National Memorial ‘‘(2) $429,000,000 for fiscal year 2012; and the activities authorized under sections 641 Day. ‘‘(3) $439,000,000 for fiscal year 2013.’’; and through 645.’’. Mrs. BIGGERT. Mr. Speaker, I yield (2) in subsection (d)— SEC. 6. SMALL MODULAR REACTOR PROGRAM. back the balance of my time. (A) by striking ‘‘under subsection (a)’’ and in- Section 952 of the Energy Policy Act of 2005 Mr. PETERS. Mr. Speaker, I yield serting ‘‘under subsection (b)’’; (42 U.S.C. 16272) is further amended by adding back the balance of my time. (B) by amending paragraph (1) to read as fol- at the end the following new subsection: lows: The SPEAKER pro tempore. The ‘‘(d) SMALL MODULAR REACTOR PROGRAM.— ‘‘(1) For activities under section 953— ‘‘(1) IN GENERAL.— question is on the motion offered by ‘‘(A) $201,000,000 for fiscal year 2011; ‘‘(A) The Secretary shall carry out a small the gentleman from Michigan (Mr. PE- ‘‘(B) $201,000,000 for fiscal year 2012; and modular reactor program to promote research, TERS) that the House suspend the rules ‘‘(C) $201,000,000 for fiscal year 2013.’’; and development, demonstration, and commercial and agree to the resolution, H. Con. (C) by inserting after paragraph (3) the fol- application of small modular reactors, including Res. 325. lowing new paragraphs: through cost-shared projects for commercial ap- The question was taken. ‘‘(4) For activities under section 952, other plication of reactor systems designs. The SPEAKER pro tempore. In the than those described in section 952(d)— ‘‘(B) The Secretary shall consult with and uti- opinion of the Chair, two-thirds being ‘‘(A) $64,000,000 for fiscal year 2011; lize the expertise of the Secretary of the Navy in in the affirmative, the ayes have it. ‘‘(B) $64,000,000 for fiscal year 2012; and establishing and carrying out such program. Mrs. BIGGERT. Mr. Speaker, I object ‘‘(C) $64,000,000 for fiscal year 2013. ‘‘(C) Activities may also include development ‘‘(5) For activities under section 952(d)— of advanced computer modeling and simulation to the vote on the ground that a ‘‘(A) $55,000,000 for fiscal year 2011; tools, by Federal and non-Federal entities, quorum is not present and make the ‘‘(B) $65,000,000 for fiscal year 2012; and which demonstrate and validate new design ca- point of order that a quorum is not ‘‘(C) $75,000,000 for fiscal year 2013. pabilities of innovative small modular reactor present. ‘‘(6) For activities under section 958— designs.

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‘‘(2) DEFINITION.—For the purposes of this ‘‘(ii) Reduced long-term radiotoxicity, mass, or ‘‘(4) ADVANCED STORAGE METHODS.—Devel- subsection, the term ‘small modular reactor’ decay heat of the nuclear waste produced by oping advanced storage technologies for both means a nuclear reactor— generation. onsite and long-term storage that substantially ‘‘(A) with a rated capacity of less than 300 ‘‘(iii) Increased operating safety of nuclear fa- prolong the effective life of current storage de- electrical megawatts; cilities. vices or that substantially improve upon existing ‘‘(B) with respect to which most parts can be ‘‘(iv) Reduced dependence of reactor systems nuclear waste storage technologies and methods, factory assembled and shipped as modules to a on water resources. including repositories. reactor plant site for assembly; and ‘‘(v) Increased seismic resistance of nuclear ‘‘(5) ALTERNATIVE AND DEEP BOREHOLE STOR- ‘‘(C) that can be constructed and operated in generation. AGE METHODS.—Developing alternative storage combination with similar reactors at a single ‘‘(vi) Reduced proliferation risks through inte- methods for long-term storage, including deep site. grated safeguards and security proliferation boreholes into stable crystalline rock formations ‘‘(3) LIMITATION.—Demonstration activities controls. and mined repositories in a range of geologic carried out under this section shall be limited to ‘‘(vii) Increased efficiency in reactor manufac- media. individual technologies and systems, and shall turing and construction.’’. not include demonstration of full reactor sys- ‘‘(6) OTHER TECHNOLOGIES.—Developing any SEC. 7. CONVENTIONAL IMPROVEMENTS TO NU- other technology or initiative that the Secretary tems or full plant operations. CLEAR POWER PLANTS. ‘‘(4) ADMINISTRATION.—In conducting the determines is likely to advance the objectives of Section 952 of the Energy Policy Act of 2005 the program established under subsection (a). small modular reactor program, the Secretary (42 U.S.C. 16272) is further amended by adding ‘‘(c) ADDITIONAL ADVANCED RECYCLING AND may enter into cooperative agreements to sup- at the end the following new subsection: CROSSCUTTING ACTIVITIES.—In addition to and port small modular reactor designs that enable— ‘‘(e) CONVENTIONAL IMPROVEMENTS TO NU- ‘‘(A) lower capital costs or increased access to in support of the specific initiatives described in CLEAR POWER PLANTS.— private financing in comparison to current large paragraphs (1) through (6), the Secretary may ‘‘(1) IN GENERAL.—The Secretary may carry support the following activities: reactor designs; out a Nuclear Energy Research Initiative for re- ‘‘(B) reduced long-term radiotoxicity, mass, or search and development related to steam-side ‘‘(1) Development and testing of integrated decay heat of the nuclear waste produced by improvements to nuclear power plants to pro- process flow sheets for advanced nuclear fuel re- generation; cycling processes. ‘‘(C) increased operating safety of nuclear fa- mote the research, development, demonstration, and commercial application of— ‘‘(2) Research to characterize the byproducts cilities; and waste streams resulting from fuel recycling ‘‘(D) reduced dependence of reactor systems ‘‘(A) cooling systems; processes. on water resources; ‘‘(B) turbine technologies; ‘‘(E) increased seismic resistance of nuclear ‘‘(C) heat exchangers and pump design; ‘‘(3) Research and development on reactor generation; ‘‘(D) special coatings to improve lifetime of concepts or transmutation technologies that im- ‘‘(F) reduced proliferation risks through inte- components and performance of heat exchang- prove resource utilization or reduce the grated safeguards and security proliferation ers; and radiotoxicity of waste streams. controls; and ‘‘(E) advanced power conversion systems for ‘‘(4) Research and development on waste ‘‘(G) increased efficiency in reactor manufac- advanced reactor technologies. treatment processes and separations tech- turing and construction. ‘‘(2) ADMINISTRATION.—The Secretary may nologies, advanced waste forms, and quantifica- ‘‘(5) APPLICATION.—To be eligible to enter into undertake initiatives under this subsection only tion of proliferation risks. a cooperative agreement with the Secretary when the goals are relevant and proper to en- ‘‘(5) Identification and evaluation of test and under this subsection, an applicant shall submit hance the performance of technologies devel- experimental facilities necessary to successfully to the Secretary a proposal for the small mod- oped under subsection (c). Not more than implement the advanced fuel cycle initiative. ular reactor project to be undertaken. The pro- $10,000,000 of funds authorized for this section ‘‘(6) Advancement of fuel cycle-related mod- posal shall document— may be used for carrying out this subsection.’’. eling and simulation capabilities. ‘‘(A) all partners and suppliers that will be SEC. 8. FUEL CYCLE RESEARCH AND DEVELOP- ‘‘(d) BLUE RIBBON COMMISSION REPORT.— active in the small modular reactor project, in- MENT. ‘‘(1) In carrying out this section, the Secretary cluding a description of each partner or sup- (a) AMENDMENTS.—Section 953 of the Energy shall give consideration to the final report on a plier’s anticipated domestic and international Policy Act of 2005 (42 U.S.C. 16273) is amended— long-term nuclear waste solution produced by activities; (1) in the section heading by striking ‘‘AD- the Blue Ribbon Commission on America’s Nu- ‘‘(B) measures to be undertaken to enable VANCED FUEL CYCLE INITIATIVE’’ and in- clear Future. cost-effective implementation of the small mod- serting ‘‘FUEL CYCLE RESEARCH AND DE- ular reactor project; VELOPMENT’’; ‘‘(2) Not later than 180 days after the release ‘‘(C) an accounting structure approved by the (2) by striking subsection (a); of the Blue Ribbon Commission on America’s Secretary; (3) by redesignating subsections (b) through Nuclear Future final report, the Secretary shall ‘‘(D) all known assets that shall be contrib- (d) as subsections (e) through (g), respectively; transmit to Congress a report, which shall in- uted to satisfy the cost-sharing requirement and clude— under paragraph (6); and (4) by inserting before subsection (e), as so re- ‘‘(A) any plans the Department may have to ‘‘(E) the extent to which the proposal will in- designated by paragraph (3) of this subsection, incorporate any relevant recommendations from crease domestic manufacturing activity, exports, the following new subsections: this report into the program; and or employment. ‘‘(a) IN GENERAL.—The Secretary shall con- ‘‘(B) how those recommendations for long- ‘‘(6) COST SHARING.—Notwithstanding section duct a fuel cycle research, development, dem- term nuclear waste solutions that will be incor- 988, the Secretary shall require the parties to a onstration, and commercial application program porated into the plan compare with plans for a cooperative agreement under this subsection to (referred to in this section as the ‘program’) on long-term nuclear waste solution of a repository be responsible for not less than 50 percent of the fuel cycle options that improve uranium re- at Yucca Mountain, that may or may not be in- costs of the small modular reactor project. source utilization, maximize energy generation, corporated into the plan, with regard to the ‘‘(7) CALCULATION OF COST SHARING minimize nuclear waste creation, improve safe- safety, security, legal, cost, and technological AMOUNT.—A recipient of financial assistance ty, mitigate risk of proliferation, and improve and site readiness factors associated with any under this section may not satisfy the cost shar- waste management in support of a national recommendations related to final disposition ing requirement under paragraph (6) by using strategy for spent nuclear fuel and the reactor pathways for spent nuclear fuel and high-level funds received from the Federal Government concepts research, development, demonstration, radioactive waste to the same factors associated through appropriation Acts. and commercial application program under sec- with permanent deep geological disposal at the ‘‘(8) PROJECT SELECTION CRITERIA.—The Sec- tion 952(c). Yucca Mountain waste repository. retary shall consider the following factors in en- ‘‘(b) FUEL CYCLE OPTIONS.—Under this sec- tering into a cooperative agreement under this ‘‘(3) The analysis described in paragraph tion the Secretary may consider implementing subsection: (2)(B) shall be conducted using scientific and ‘‘(A) The domestic manufacturing capabilities the following initiatives: technical materials and information used to of the parties to the cooperative agreement and ‘‘(1) OPEN CYCLE.—Developing fuels, includ- support policy actions related to the Yucca their partners and suppliers. ing the use of nonuranium materials, for use in Mountain project.’’. ‘‘(B) The viability of the reactor design and reactors that increase energy generation and (b) CONFORMING AMENDMENT.—The item re- the business plan or plans of the parties to the minimize the amount of nuclear waste produced lating to section 953 in the table of contents of cooperative agreement. in an open fuel cycle. the Energy Policy Act of 2005 is amended to read ‘‘(C) The parties to the cooperative agree- ‘‘(2) MODIFIED OPEN CYCLE.—Developing fuel as follows: ment’s potential to continue the development of forms, reactors, and limited separation and transmutation methods that increase fuel utili- ‘‘Sec. 953. Fuel cycle research and develop- small modular reactors without Federal sub- ment.’’. sidies or loan guarantees. zation and reduce nuclear waste in a modified ‘‘(D) The cost share to be provided. open fuel cycle. SEC. 9. NUCLEAR ENERGY ENABLING TECH- ‘‘(E) The degree to which the following goals ‘‘(3) FULL RECYCLE.—Developing advanced re- NOLOGIES PROGRAM. will be advanced: cycling technologies, including Generation IV (a) AMENDMENT.—Subtitle E of title IX of the ‘‘(i) Lower capital costs or increased access to Reactors, to reduce the risk of proliferation, Energy Policy Act of 2005 (42 U.S.C. 16271 et private financing in comparison to current large radiotoxicity, mass, and decay heat to the great- seq.) is amended by adding at the following new reactor designs. est extent possible. section:

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NUCLEAR ENERGY ENABLING TECH- (C) an assessment of alternative construction tional Academies to conduct an evaluation of NOLOGIES. sites proposed by private industry; the scientific and technological challenges to ‘‘(a) IN GENERAL.—The Secretary shall con- (D) an assessment of the extent to which the the long-term maintenance and safe operation duct a program to support the integration of ac- Department of Energy is working with industry of currently deployed nuclear power reactors up tivities undertaken through the reactor concepts and the Nuclear Regulatory Commission to en- to and beyond the specified design-life of reactor research, development, demonstration, and com- sure that the Next Generation Nuclear Plant systems. mercial application program under section 952(c) program meets industry expectations for long- (b) REPORT.—Not later than 1 year after the and the fuel cycle research and development term application of technologies and addresses date of enactment of this Act, the Secretary program under section 953, and support cross- potential licensing procedures for deployment; shall transmit to the Congress, and make pub- cutting nuclear energy concepts. Activities com- (E) an assessment of the known or anticipated lically available, the results of the evaluation menced under this section shall be concentrated challenges to securing private non-Federal cost undertaken by the Academies pursuant to sub- on broadly applicable research and development share funds and any measures to overcome these section (a). focus areas. challenges, including any alternative funding SEC. 14. AVAILABLE FACILITIES DATABASE. ‘‘(b) ACTIVITIES.—Activities conducted under approaches such as front loading the Federal The Secretary of Energy shall prepare a data- this section may include research involving— share; base of non-Federal user facilities receiving Fed- ‘‘(1) advanced reactor materials; (F) an assessment of project risks, including eral funds that may be used for unclassified nu- ‘‘(2) advanced radiation mitigation methods; those related to— clear energy research. The Secretary shall ‘‘(3) advanced proliferation and security risk (i) project scope, schedule, and resources; make this database accessible on the Depart- assessment methods; (ii) the formation of partnerships or agree- ment of Energy’s website. ‘‘(4) advanced sensors and instrumentation; ments between the Department and the private SEC. 15. NUCLEAR WASTE DISPOSAL. ‘‘(5) advanced nuclear manufacturing meth- sector necessary for the project’s success; and To the extent consistent with the requirements ods; or (iii) the Department’s capabilities to identify of current law, the Department of Energy shall ‘‘(6) any crosscutting technology or trans- and manage such risks; and be responsible for disposal of high-level radio- formative concept aimed at establishing substan- (G) an assessment of what is known about the active waste or spent nuclear fuel generated by tial and revolutionary enhancements in the per- potential impact of natural gas and other fossil reactors under the programs authorized in this formance of future nuclear energy systems that fuel prices on private entity participation in the Act, or the amendments made by this Act. the Secretary considers relevant and appro- project. The SPEAKER pro tempore. Pursu- priate to the purpose of this section. SEC. 12. TECHNICAL STANDARDS COLLABORA- ‘‘(c) REPORT.—The Secretary shall submit, as TION. ant to the rule, the gentleman from part of the annual budget submission of the De- (a) IN GENERAL.—The Director of the National Tennessee (Mr. GORDON) and the gen- partment, a report on the activities of the pro- Institute of Standards and Technology shall es- tlewoman from Illinois (Mrs. BIGGERT) gram conducted under this section, which shall tablish a nuclear energy standards committee each will control 20 minutes. include a brief evaluation of each activity’s (in this section referred to as the ‘‘technical The Chair recognizes the gentleman progress.’’. standards committee’’) to facilitate and support, from Tennessee. (b) CONFORMING AMENDMENT.—The table of consistent with the National Technology Trans- GENERAL LEAVE contents of the Energy Policy Act of 2005 is fer and Advancement Act of 1995, the develop- amended by adding at the end of the items for ment or revision of technical standards for new Mr. GORDON of Tennessee. Mr. subtitle E of title IX the following new item: and existing nuclear power plants and ad- Speaker, I ask unanimous consent that ‘‘Sec. 958. Nuclear energy enabling tech- vanced nuclear technologies. all Members may have 5 legislative nologies.’’. (b) MEMBERSHIP.— days to revise and extend their re- SEC. 10. EMERGENCY RISK ASSESSMENT AND (1) IN GENERAL.—The technical standards marks and to include extraneous mate- PREPAREDNESS REPORT. committee shall include representatives from ap- rial on H.R. 5866, the bill now under Not later than 180 days after the date of en- propriate Federal agencies and the private sec- consideration. actment of this Act, the Secretary shall transmit tor, and be open to materially affected organiza- The SPEAKER pro tempore. Is there to the Congress a report summarizing quan- tions involved in the development or application titative risks associated with the potential of a of nuclear energy-related standards. objection to the request of the gen- severe accident arising from the use of civilian (2) CO-CHAIRS.—The technical standards com- tleman from Tennessee? nuclear energy technology, including reactor mittee shall be co-chaired by a representative There was no objection. technology deployed or likely to be deployed as from the National Institute of Standards and Mr. GORDON of Tennessee. Mr. of the date of enactment of this Act, and out- Technology and a representative from a private Speaker, I yield myself such time as I lining the technologies currently available to sector standards organization. may consume. mitigate the consequences of such an accident. (c) DUTIES.—The technical standards com- The ongoing national discussion on The report shall include recommendations of mittee shall, in cooperation with appropriate our path forward towards a comprehen- areas of technological development that should Federal agencies— sive energy strategy necessarily raises be pursued to reduce the potential public harm (1) perform a needs assessment to identify and arising from such an incident. evaluate the technical standards that are need- questions about climate change, na- SEC. 11. NEXT GENERATION NUCLEAR PLANT. ed to support nuclear energy, including those tional security, and economic stability. (a) PROTOTYPE PLANT LOCATION.—Section needed to support new and existing nuclear In having this discussion, most experts 642(b)(3) of the Energy Policy Act of 2005 (42 power plants and advanced nuclear tech- have come to agree that any realistic U.S.C. 16022(b)(3)) is amended to read as fol- nologies; strategy will require a diverse portfolio lows: (2) formulate, coordinate, and recommend pri- of energy sources. Renewables, clean ‘‘(3) PROTOTYPE PLANT LOCATION.—The proto- orities for the development of new technical coal and gas, and nuclear power must type nuclear reactor and associated plant shall standards and the revision of existing technical all play a role in moving our Nation to- standards to address the needs identified under be constructed at a location determined by the wards energy independence while bal- consortium through an open and transparent paragraph (1); competitive selection process.’’. (3) facilitate and support collaboration and ancing our Nation’s economic inter- (b) REPORT.— cooperation among standards developers to ad- ests. (1) REQUIREMENT.—Not later than 1 year after dress the needs and priorities identified under Before us today is H.R. 5866, which the date of enactment of this Act, the Comp- paragraphs (1) and (2); amends the Energy Policy Act of 2005 troller General shall transmit to the Congress a (4) as appropriate, coordinate with other na- to modernize and improve our Federal report providing a status update of the Next tional, regional, or international efforts on nu- nuclear energy R&D programs. I intro- Generation Nuclear Plant program that provides clear energy-related technical standards in duced this legislation after close col- order to avoid conflict and duplication and to analysis of— laboration with my friend from Texas, (A) its progress; ensure global compatibility; and (B) how Federal funds appropriated for the (5) promote the establishment and mainte- RALPH HALL, Mrs. BIGGERT, and many project have been distributed and spent; and nance of a database of nuclear energy-related others on the committee on a bipar- (C) the current and expected participation by technical standards. tisan basis who share my belief that we non-Federal entities. (d) AUTHORIZATION OF APPROPRIATIONS.— must continue to seek the answers to (2) CONTENTS.—The report shall include— There are authorized to be appropriated the challenges of high capital costs for (A) an analysis of the proposed facility’s tech- $1,000,000 for each of fiscal years 2011 through nuclear power systems and manage- nical capabilities and remaining technological 2013 to the Director of the National Institute for ment and recycling of nuclear waste. Standards and Technology for activities under development challenges, and a cost estimate and Our Nation’s 104 commercial reactors construction schedule; this section. today produce 20 percent of our elec- (B) an assessment of the advantages and dis- SEC. 13. EVALUATION OF LONG-TERM OPERATING advantages of funding a pilot-scale research re- NEEDS. tricity, 70 percent of our emissions-free actor project in lieu of a full-scale commercial (a) IN GENERAL.—The Secretary of Energy energy. Clearly, if we are to increase power reactor; shall enter into an arrangement with the Na- our energy independence, nuclear must

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.076 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7733 continue to be a large part of our Na- Recycling is not just important for gas-cooled nuclear systems will meet tion’s energy mix. the reduction of waste created but also industrial needs without relying on a Once the world’s leader in nuclear en- for the conservation of worldwide ura- lot of water sources, eliminating con- ergy technologies, the U.S. is losing its nium resources. It will also encourage flict over water use and leftover waste competitive edge after decades of being the deployment of expanded nuclear and other environmental concerns. dormant. Of the nearly 60 reactors cur- power for industry and States that New high-temperature, gas-cooled re- rently under construction worldwide, want to provide affordable electricity actor systems will leave behind less most are in Asia, with China making without unnecessary liabilities. waste, and it will be impossible for up the bulk of that using its own CPR– In summary, H.R. 5866 is a strong bi- them to melt down; this, based on their 1000 reactor technology. This trend will partisan bill. It will complement the pebble bed design. represent billions of dollars in foregone current revival of the nuclear industry Investments in such innovations now opportunities for the U.S. by extending DOE’s research and devel- will provide long-term benefits of en- As I mentioned, this bill is the result opment activities to pursue longer ergy production, waste disposal, and of a truly bipartisan effort over the term advances in three ways: reactor environmental stewardship; all of these past 8 months that has won the support designs, fuel cycle R&D, and in cross- enhanced by this legislation and the of the nuclear industry, nuclear sup- cutting areas such as materials and use of these reactors. pliers, and numerous trade associa- computer modeling and simulation. The security implications, of course, tions. I would like to take a moment to I do want to note that there are a few of weaning ourselves off of foreign oil thank the committee staff who worked minor changes made to the bill that is evident to all Americans. Obviously, on this bill, specifically Rob Walther was reported by the committee in sec- a sustainable long-term, domestically and Chris King of the majority side and tion 4 and section 15. These changes produced clean energy future is in the Dan Byers on the minority side. And I should in no way be interpreted to best interests of all Americans. Invest- would like to thank Energy Sub- change the intent or purpose of the ing in new nuclear technologies can ac- committee Ranking Member Mr. ING- language. complish this and will put our country LIS and Subcommittee Chair Dr. BAIRD This bill is endorsed by a comprehen- back on the path to energy self-suffi- for their effort to bring this bill before sive group of key stakeholders, includ- ciency. us today. I call on my colleagues to ing the Nuclear Energy Institute, the One admonition, however. Powerful support H.R. 5866. Next Generation Nuclear Plant Indus- interests would have us waste money Mr. Speaker, I reserve the balance of try Alliance, the American Chemical on old technologies like light water re- my time. Society, Toshiba-Westinghouse, and actors or on nuclear fusion, which has Mrs. BIGGERT. Mr. Speaker, I yield GE-Hitachi. had little demonstrable progress after myself such time as I may consume. I urge Members to support H.R. 5866. decades of massive investment. So it is I am pleased to be a cosponsor of I reserve the balance of my time. time for us to start building what is H.R. 5866, and I thank Chairman GOR- Mr. GORDON of Tennessee. Mr. possible for us to build, especially when DON and Ranking Member HALL for Speaker, I yield such time as he may it has come so far already and is ready their leadership on this legislation. consume to my friend from California Due to population and estimated eco- (Mr. ROHRABACHER). to go. nomic growth over the next 25 years, Mr. ROHRABACHER. Thank you It is for these reasons that I strongly the United States’ demand for elec- very much, Mr. Chairman, and I would endorse the American nuclear energy tricity is expected to rise by 30 percent. like to express my deep appreciation of industry, and I ask all of my colleagues To meet rising demand for power for the ranking member as well as the to join me in support of H.R. 5866. our homes and businesses, we need to chairman now of the full committee. Mrs. BIGGERT. In closing, I would expand our domestic and electricity And again, you have heard these acco- like to thank the chairman for all of production and create affordable, reli- lades many times, but you will be the work he has done as chairman of able electricity production in an envi- missed in the next Congress. We have the Science Committee, and this bill ronmentally responsible way. Nuclear worked together in a very bipartisan shows what you’ve been able to accom- power is the only way to do this. way to accomplish things through plish in the research and development, My home State of Illinois already technology for our country and our the basic science, and how this will leads the way, deriving half of its elec- people and the people of the world. benefit so much our country, and we tricity from nuclear energy, but we I rise today in support of H.R. 5866. really thank you for all the work that need to do more to expand nuclear here Nuclear power has been a cornerstone you put into this. and across the country. That is why I of American domestic energy policy for I yield back the balance of my time. cosponsored this legislation which sup- decades, and it could have had a great- Mr. GORDON of Tennessee. I will ports the development and deployment er positive impact had we not suc- conclude by saying it’s a ‘‘we,’’ not of small modular nuclear reactors and cumbed to irrational attacks by envi- ‘‘you.’’ Mrs. BIGGERT and Mr. ROHR- reauthorizes nuclear R&D activities at ronmental radicals who seem to oppose ABACHER have been a strong part and, the Department of Energy. any type of energy. They ended up again, a bipartisan effort in an effort to costing us hundreds of billions of dol- b 1950 bring forth good legislation. I’m proud lars for imports that we otherwise of the fact this is the 151st bill and res- A complement to existing large-scale would not have needed. olution that we have been able to bring reactors, small modular reactors create We now, however, have a tremendous forth here in a bipartisan way in the less time and money to construct and opportunity to use the latest nuclear last 4 years. I think that’s a record. are based on current reactor designs, technology developments to produce And I thank you for being a part of thereby reducing the burdensome li- safe, clean, cost-effective energy for that. censing process. This is an ideal solu- our country and for the world. This bill I yield back the balance of my time. tion for growing communities and updates America’s nuclear energy re- cash-strapped utilities that need extra search and funds those technologies The SPEAKER pro tempore. The generation capacity at a fraction of the that show the greatest possibilities. We question is on the motion offered by cost. are on the cusp of a new era, a new era the gentleman from Tennessee (Mr. More importantly, H.R. 5866 extends of nuclear energy. Small modular reac- GORDON) that the House suspend the and modifies R&D activities that pro- tors will provide safe, cost-effective rules and pass the bill, H.R. 5866, as mote advanced research to close the electricity without the significant amended. nuclear fuel cycle and recycle spent risks evident in the current, large-scale The question was taken; and (two- nuclear fuel. My district’s scientists reactor system. thirds being in the affirmative) the and engineers at Argonne National The next generation of reactors will rules were suspended and the bill, as Laboratory lead the Nation in research be using as fuel the waste of today’s re- amended, was passed. and development for nuclear fuel or re- actors. Thus America’s waste storage A motion to reconsider was laid on cycling. needs will be drastically cut. Advanced, the table.

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.126 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7734 CONGRESSIONAL RECORD — HOUSE November 30, 2010 HONORING THE HISTORIC the people of the United States to recognize Mr. Speaker, I rise in support of CONTRIBUTIONS OF VETERANS the historic contribution of all veterans by House Resolution 1622, a bill honoring observing that day with appropriate cere- the historic contributions of veterans Mr. FILNER. Mr. Speaker, I move to monies and activities. suspend the rules and agree to the reso- throughout all conflicts involving the The SPEAKER pro tempore. Pursu- lution (H. Res. 1622) honoring the his- United States. All of our veterans have ant to the rule, the gentleman from toric contributions of veterans provided a great service to our country California (Mr. FILNER) and the gen- throughout all conflicts involving the through their personal sacrifices. As a tleman from Tennessee (Mr. ROE) each United States. Nation, we owe them our gratitude for will control 20 minutes. The Clerk read the title of the resolu- their service. The Chair recognizes the gentleman tion. Section 6103 of title 5 of the United from California. The text of the resolution is as fol- States Code provides that Veterans lows: GENERAL LEAVE Day, November 11, is a legal public hol- Mr. FILNER. I ask unanimous con- iday. House Resolution 1622 reaffirms H. RES. 1622 sent that all Members may have 5 leg- the Nation’s obligation to support our Whereas veterans of service in the United veterans and their families. States Armed Forces have served the Nation islative days within which to revise with honor and great sacrifices; and extend their remarks and include H.R. 1622 would resolve that the Whereas the people of the United States extraneous material on H. Res. 1622. House of Representatives recognizes owe the security of the Nation to those who The SPEAKER pro tempore. Is there the honor, the courage, sacrifice, of all defended it; objection to the request of the gen- veterans, and their historic contribu- Whereas United States veterans past and tleman from California? tions to the United States. It encour- present have served the Nation in times of There was no objection. ages the people of the United States to peace and war at great personal sacrifice for Mr. FILNER. I yield myself such demonstrate their support for Veterans both themselves and their families; time as I may consume. Day each year by treating that day as Whereas historic contributions include in- volvement in the Revolutionary War, War of Mr. Speaker, 2 weeks ago, as we all a special day of reflection. It encour- 1812, Eastern Indian Wars, Mexican War, know, Americans came together to ages schools and teachers to educate Civil War, Western Indian Wars, Spanish- honor Veterans Day and pay tribute to students on the historic contributions American War, World War I, World War II, the over 23 million veterans that have veterans have made to the country and Korean War, Vietnam Conflict, Lebanon cri- served our Nation. We have a proud its history, both while serving as mem- sis of 1958, Persian Gulf War, Operation En- legacy of appreciation and commit- bers of the United States Armed during Freedom, Operation Iraqi Freedom, ment to the men and women who have Forces, and after completing their and other conflicts; worn the uniform and have made great service, and requests that the Presi- Whereas veterans have served the United States in hundreds of deployments, large and sacrifices. We know that we owe the se- dent issue a proclamation each year in small, responding to acts of aggression curity of this Nation to those who de- connection with the observance of Vet- against the United States and its allies, pro- fended it. erans Day, calling on the people of the tecting and evacuating civilians, bringing This resolution before us encourages United States to recognize the historic stability to areas experiencing political tur- Americans to demonstrate their sup- contribution of all veterans by observ- moil, and providing comfort and support in port for veterans also. No other group ing that day with appropriate cere- the wake of natural disasters; of Americans has stood stronger and monies and activities. Whereas the service and sacrifice of gen- braver for our democracy than our However, I am saddened that the erations of men and women have shaped the House of Representatives was unable to history of the United States and transformed troops and our veterans. its society; I firmly believe that Veterans Day pass this worthy resolution before Vet- Whereas as civilians, veterans continue to should not be observed for just one day erans Day, November 11. provide a valuable service by working and a year but that our Nation’s heroes Again I urge my colleagues to sup- volunteering in their communities across the must be celebrated, honored, and re- port H.R. 1622, and I reserve the bal- Nation; membered for their service to our Na- ance of my time. Whereas on Veterans Day each year, the tion the whole year through. So I en- Mr. FILNER. I reserve the balance of Nation honors those who have defended de- courage all Americans to reach out to my time. mocracy by serving in the Armed Forces; veterans, thank them and their fami- Mr. ROE of Tennessee. Mr. Speaker, I Whereas the observance of Veterans Day is do want to again say that in our dis- an expression of faith in democracy, faith in lies for their amazing sacrifice, learn American values, and faith that those who more about their great contribution to trict and in many districts around the fight for freedom will defeat those whose our Nation, and gain the wisdom of country it’s not just Veterans Day, it’s cause is unjust; their personal stories of this Nation’s Veterans Week. We spend an entire Whereas section 6103(a) of title 5, United history. week celebrating the service and sac- States Code, provides that ‘‘Veterans day, This year, like the last, our country rifice made by our veterans. During November 11th’’ is a legal public holiday; observed Veterans Day while engaged this past 2 weeks ago we had Veterans Whereas we must honor and express the in conflicts abroad that required the Day during the entire week because Nation’s gratitude to all veterans for their many of us as Congressmen like to at- unwavering commitment to country, justice, dedication of our uniformed troops. and democracy; and Our thoughts remain with those who tend as many of these as we can. To Whereas as the Nation reaffirms its obliga- are in uniform engaged in conflicts show you the support, in one small tion to provide veterans and their families abroad. community of Morristown, Tennessee, with the essential support they were prom- there were almost 6,000 people at an ised and have earned: Now, therefore, be it b 2000 event for veterans. Our keynote speak- Resolved, that the House of Representa- We must be united in seeing that er was General Livingston, who is a tives— every soldier, sailor, airman, and ma- Medal of Honor winner, a Marine. (1) recognizes and honors the courage, serv- rine is welcomed back with all the care I attended church the following Sun- ice, and sacrifice of all veterans and their and compassion that this grateful Na- historic contributions to the United States; day with Arnold ‘‘Bud’’ Pate, who lost (2) encourages the people of the United tion can bestow. This democracy must his arm in Vietnam, who is a Baptist States to demonstrate their support for Vet- stand together to support our veterans pastor there. And on and on we see sto- erans Day each year by treating that day as because our freedom and liberty depend ries of these heroes who served our Na- a special day of reflection; on it. On Veterans Day and this whole tion. So I would encourage all of us to (3) encourages schools and teachers to edu- year through, join me and take the support this resolution. cate students on the historic contributions time to show your gratitude to those Mr. BACA. Mr. Speaker, I am proud to rise veterans have made to the country and its who have answered the call to duty. in support of House Resolution 1622, legisla- history, both while serving as members of Mr. Speaker, I reserve the balance of the United States Armed Forces and after tion I introduced to honor the historic contribu- completing their service; and my time. tions of veterans throughout all conflicts in- (4) requests that the President issue a Mr. ROE of Tennessee. Mr. Speaker, I volving the United States. proclamation each year in connection with yield myself as much time as I may Every Veterans Day, Americans come to- the observance of Veterans Day calling on consume. gether to remember those who have served

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00090 Fmt 4634 Sfmt 9920 E:\CR\FM\K30NO7.129 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7735 our country in the name of freedom and de- to also support this resolution, which recog- fornia (Mr. FILNER) that the House sus- mocracy. nizes that our great Nation stands strong pend the rules and agree to the resolu- It’s important that all Americans reflect on today because of the dedication and sacrifice tion, H. Res. 1622. the sacrifices made by men and women in of American veterans. The United States is The question was taken; and (two- uniform from all conflicts involving the United surely indebted to the veterans of every con- thirds being in the affirmative) the States, from the Revolutionary War to current flict, who have made great sacrifices for them- rules were suspended and the resolu- wars and conflicts. selves and their families in defense of our na- tion was agreed to. Regardless in time of peace or in the time tional security. Our freedom is intertwined with A motion to reconsider was laid on of war—the service and sacrifice of genera- the sacrifices of our veterans, whose devotion the table. tions of men and women shaped America’s to our way of life is unparalleled. I am privi- history and transformed our society. leged to officially honor their sacrifices and the f A great example of this courage is one of role they play in our Nation. DIRECTING VA TO DISPLAY A my constituents from Fontana, California— Every Veterans Day, Americans come to- WOMEN VETERANS BILL OF CPL Ernest Gonzalez, who received the gether to remember those who have served RIGHTS bronze star for actions against Cambodian our country around the world in the name of armed and hostile forces in 1970, including freedom and democracy. The debt that we MR. FILNER. Mr. Speaker, I move to bravely exposing himself to enemy fire to re- owe to them is immeasurable. Their sacrifices suspend the rules and pass the bill trieve his platoon leader. and those of their families are freedom’s foun- (H.R. 5953) to direct the Secretary of For most veterans, their contributions ex- dation. Without the brave efforts of all the sol- Veterans Affairs to display in each fa- tend well beyond active duty, and include their diers, sailors, airmen, marines and Coast cility of the Department of Veterans service as valuable members of our commu- Guardsmen and their families, our country Affairs a Women Veterans Bill of nities. would not live so freely. Rights, as amended. Another constituent of mine, Robert Allen This resolution not only solidifies the impor- The Clerk read the title of the bill. Bartleman, from San Bernardino, California re- tance of Veterans Day, but also extends the The text of the bill is as follows: cently received military decorations for his importance of support for veterans throughout H.R. 5953 courageous service as a combat Marine in the year. In observing Veterans Day, the peo- Be it enacted by the Senate and House of Rep- Vietnam. He is now active in the legal commu- ple of the United States must also encourage resentatives of the United States of America in nity in my district. the education of our youth on how those dedi- Congress assembled, Pete Martinez, an Airborne Paratrooper dur- cated individuals have contributed to the SECTION 1. DISPLAY OF WOMEN VETERANS BILL ing the Korean war, is currently active in the United States history and today’s society. We OF RIGHTS. Inland Empire Airborne Association in my dis- must continue the tradition of honoring those (a) DISPLAY.—The Secretary of Veterans Affairs shall ensure that the Women Vet- trict. He continues to work on behalf of vet- who have served for the greatest causes, free- erans Bill of Rights described in subsection erans and is a great asset to his community. dom, democracy, and justice; their commit- (b) is printed on signs in accessible formats After serving his country, Marine Col. John ment to the United States at home and abroad and displayed prominently and conspicu- Kazalunas—formerly of the Rialto Unified should never be forgotten. I am truly proud to ously in each facility of the Department of School Board—went on to obtain his Ph.D. in rise in support of the recognition of the cour- Veterans Affairs and distributed widely to Education to further contribute his talents and age, service, and sacrifice of all United States women veterans. hard work in the field of education. veterans. (b) WOMEN VETERANS BILL OF RIGHTS.—The John Weininger, a proud Marine and Army We recognize and honor the veterans of the Women Veterans Bill of Rights described in veteran, and formerly a member of my district Armed Forces not only of today, but also of this subsection is a sign stating that women veterans should have the following rights: staff, remains a dedicated supporter and true years past, who have sacrificed their lives for (1) The right to a coordinated, comprehen- champion of veterans after his service to this our great Nation. House Resolution 1622 rec- sive, primary women’s health care, at every country. ognizes the historic contributions of the United Department of Veterans Affairs medical fa- Two additional veterans I’d like to mention States veterans in the involvement of the Rev- cility, including the recognized models of are Mike Trujillo, a former member of my dis- olutionary War, War of 1812, Eastern Indian best practices, systems, and structures for trict staff and Jess Vizcaino, currently on my Wars, Mexican War, Civil War, Western Indian care delivery that ensure that every woman district staff. Both have been valuable assets Wars, Spanish-American War, World War I, veteran has access to a Department of Vet- to me by providing outstanding public service World War II, Korean War, Vietnam Conflict, erans Affairs primary care provider who can meet all her primary care needs, including to the constituents of my district. Lebanon crisis of 1958, Persian Gulf War, Op- gender-specific, acute and chronic illness, Another dedicated veteran is Anthony eration Enduring Freedom, Operation Iraqi preventive, and mental health care. Acevedo, a World War II veteran who was 1 Freedom, among other conflicts. This resolu- (2) The right to be treated with dignity and of 300 captured American soldiers held pris- tion reaffirms our country’s utmost respect and respect at all Department of Veterans Af- oner at a Nazi slave labor camp. pride for our service people who have contrib- fairs facilities. Through his courageous work as a medic, uted to the shaping of the United States’ his- (3) The right to innovation in care delivery Mr. Acevedo kept a detailed diary of his im- tory and our current place in the world today. promoted and incentivized by the Veterans prisonment. Decades later he worked tirelessly This resolution expresses our deepest grati- Health Administration to support local best to obtain the recognition of the U.S. Army for practices fitted to the particular configura- tude to United States Armed Forces veterans tion and women veteran population. this group; his diary is now part of the U.S. throughout history who have committed and (4) The right to request and get treatment Holocaust Memorial Museum. sacrificed their lives to serve their country and by clinicians with specific training and expe- This resolution: Urges all Americans to rec- its dedication to democracy. Currently, our Na- rience in women’s health issues. ognize and encourages schools to educate tion has 3 million troops and reservists, and (5) The right to enhanced capabilities of students about the historic contributions of all 23 million veterans, who deserve the greatest medical providers, clinical support, non-clin- veterans; and makes a request to the Presi- respect from their fellow citizens. Our Nation ical, and administrative, to meet the com- dent to issue a proclamation for Veterans Day. has a proud legacy of appreciation and com- prehensive health care needs of women vet- I urge my colleagues to vote in favor of H. erans. mitment to the men and women who have (6) The right to request and expect gender Res. 1622. As a Vietnam-era veteran, I am worn the uniform in defense of this country, equity in provision of clinical health care committed to ensure America keeps its prom- and we must ensure that this legacy continues services. ises to our nation’s troops and the 23 million in the future. (7) The right to equal access to health care plus American veterans. Mr. ROE of Tennessee. I yield back services as that of their male counterparts. Ms. JACKSON LEE of Texas. Mr. Speaker, the balance of my time. (8) The right to parity to their male vet- I stand before you today in support of H. Res. Mr. FILNER. Mr. Speaker, I have no eran counterpart regarding the outcome of 1622, ‘‘Honoring the historic contributions of further requests for time, I urge my performance measures of health care serv- veterans throughout all conflicts involving the colleagues to unanimously support ices. (9) The right to be informed, through out- United States.’’ I would like to begin by thank- House Resolution 1622, and yield back reach campaigns, of benefits under laws ad- ing my colleague, Representative BACA, for in- the balance of my time. ministered by the Secretary of Veterans Af- troducing this resolution to the House, as hon- The SPEAKER pro tempore (Mr. fairs and to be included in Department out- oring those who have fought for our Nation TONKO). The question is on the motion reach materials for any benefits and service should remain a priority. I urge my colleagues offered by the gentleman from Cali- to which they are entitled.

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.071 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7736 CONGRESSIONAL RECORD — HOUSE November 30, 2010 (10) The right to be featured proportion- (3) The right to select the practitioner that SEC. 4. EXCLUSION OF CERTAIN SERVICES. ately, including by age and ethnicity, in De- best meets their orthotic and prosthetic Nothing in this Act shall be construed to partment outreach materials, including elec- needs, whether or not that practitioner is an establish a right to any service excluded tronic and print media that clearly depict employee of the Department of Veterans Af- under 38 C.F.R. 17.38, as in effect on the date them as being the recipient of the benefits fairs, a private practitioner who has entered of the enactment of this Act. and services provided by the Department. into a contract with the Secretary of Vet- The SPEAKER pro tempore. Pursu- (11) The right to be recognized as an impor- erans Affairs to provide prosthetic and ant to the rule, the gentleman from tant separate population in new strategic orthotic services, or a private practitioner plans for service delivery within the health with specialized expertise. California (Mr. FILNER) and the gen- care system of the Department of Veterans (4) The right to consistent and portable tleman from Tennessee (Mr. ROE) each Affairs. health care, including the right to obtain will control 20 minutes. (12) The right to equal consideration in hir- comparable services and technology at any The Chair recognizes the gentleman ing and employment for any job to which medical facility of the Department of Vet- from California. they apply. erans Affairs across the country. GENERAL LEAVE (13) The right to equal consideration in se- (5) The right to timely and efficient pros- Mr. FILNER. Mr. Speaker, I ask curing Federal contracts. thetic and orthotic care, including a speedy (14) The right to equal access and accom- authorization process with expedited author- unanimous consent that all Members modations in homeless programs that will ization available for veterans visiting from may have 5 legislative days within meet their unique family needs. another area of the country. which to revise and extend their re- (15) The right to have their claims adju- (6) The right to play a meaningful role in marks and include extraneous material dicated equally, fairly, and accurately with- rehabilitation decisions, including the right on H.R. 5953, as amended. out bias or disparate treatment. to receive a second opinion regarding pros- The SPEAKER pro tempore. Is there (16) The right to have their military sexual thetic and orthotic treatment options. objection to the request of the gen- trauma and other injuries compensated in a (7) The right to receive appropriate treat- tleman from California? way that reflects the level of trauma sus- ment, including the right to receive both a There was no objection. tained. primary prosthesis or orthosis and a func- (17) The right to expect that all veteran tional spare. Mr. FILNER. I yield myself such service officers, especially those who are (8) The right to be treated with respect and time as I may consume. trained by the Department of Veterans Af- dignity and have an optimal quality of life Mr. Speaker, this bill before us is an fairs Training Responsibility Involvement both during and after rehabilitation. important piece of legislation, estab- Preparation program for claims processing, (9) The right to transition and readjust to lishing a bill of rights on the one hand are required to receive training to be aware civilian life in an honorable manner, includ- for women veterans, and on the other of and sensitive to the signs of military sex- ing by having ample access to vocational re- hand for injured and amputee veterans. ual trauma, domestic violence, and personal habilitation, employment programs, and This has been the subject of over a year assault. housing assistance. (18) The right to the availability of female of discussion in our committee and (c) MONITORING AND RESOLUTION OF COM- around the country with various personnel to assist them in the disability PLAINTS.— groups and stakeholders to try and re- claims application and appellate processes of (1) IN GENERAL.—The Secretary of Veterans the Department. Affairs, acting through the veteran liaison at fine the legislation to one that every- (19) The right to the availability of female each medical center of the Department of one can support. compensation and pension examiners. Veterans Affairs, shall collect information Let me just speak on the first half, (20) The right to expect specialized train- relating to the alleged mistreatment of in- and that is women veterans. There are ing be provided to disability rating personnel jured and amputee veterans. almost 2 million women veterans now, regarding military sexual trauma and gen- (2) QUARTERLY REPORTS.—For each fiscal der-specific illnesses so that these claims Mr. Speaker, and they are one of the quarter, the veteran liaison at each medical fastest growing subgroups of veterans can be adjudicated more accurately. center of the Department shall submit to the (21) The right to expect the collection of Chief Consultant of Prosthetics and Sensory in our Nation. It is estimated that the gender-specific data on disability ratings, for Aids of the Department a report on any in- number of female veterans who use the the performance of longitudinal and trend formation collected under paragraph (1) dur- VA health care system will double, as- analyses, and for other applicable purposes. ing that quarter. suming that the current enrollment (22) The right to a method to identify and (3) INVESTIGATION AND ADDRESSING OF COM- rates remain constant. track outcomes for all claims involving per- PLAINTS.—The Chief Consultant, in coopera- The VA health care system, as we sonal assault trauma, regardless of the re- tion with appropriate employees of a medical sulting disability. know it, was built to accommodate the center of the Department, shall investigate war-related illnesses and injuries of (23) The right for women veterans’ pro- and address any information collected under grams and women veteran coordinators to be paragraph (1) at that medical center. male veterans. It’s a male institution measured and evaluated for performance, as it was created. In fact, many of the consistency, and accountability. SEC. 3. EDUCATION AND OUTREACH. VA providers, many of the VA cus- (24) The right to burial benefits under the (a) EDUCATION OF DEPARTMENT EMPLOY- tomers are veterans, have little or no laws administered by the Secretary of Vet- EES.—The Secretary of Veterans Affairs shall exposure to women veterans. As women erans Affairs. ensure that— are serving in combat conditions along- SEC. 2. DISPLAY OF INJURED AND AMPUTEE VET- (1) all employees of the Department of Vet- erans Affairs receive training on the Women side their male counterparts, it is im- ERANS BILL OF RIGHTS. portant that the Department embrace (a) DISPLAY.—The Secretary of Veterans Veterans Bill of Rights described in section Affairs shall ensure that the Injured and Am- 1; and and recognize the needs of all veterans, putee Veterans Bill of Rights described in (2) employees of the Department who work both men and women alike. subsection (b) is printed on signs in acces- at prosthetics and orthotics clinics and who Through hearings and roundtable dis- sible formats and displayed prominently and work as patient advocates with veterans who cussions that we have held during this conspicuously in each prosthetics and receive care at such clinics, including Fed- year, women veterans have come for- orthotics clinic of the Department of Vet- eral recovery coordinators and case man- ward to share their personal stories. erans Affairs. agers, receive training on the Injured and From their accounts, it is clear that (b) INJURED AND AMPUTEE VETERANS BILL Amputee Veterans Bill of Rights described in section 2. while the VA has made some strides in OF RIGHTS.—The Injured and Amputee Vet- caring for women veterans, significant erans Bill of Rights described in this sub- (b) OUTREACH TO VETERANS.—The Sec- section is a statement that injured and am- retary of Veterans Affairs shall conduct out- gaps remain. The veterans testifying putee veterans should have the following reach to inform veterans about the Women before the committee have shared sto- rights: Veterans Bill of Rights described in section 1 ries of feeling unwelcomed, alienated, (1) The right to access the highest quality and the Injured and Amputee Veterans Bill disrespected in some of our VA medical prosthetic and orthotic care, including the of Rights described in section 2 by— centers so that they are now reluctant right to the most appropriate technology (1) ensuring that such Bills of Rights are to pursue the benefits and services that and best qualified practitioners. available on the Internet website of the De- they have earned with service to their (2) The right to continuity of care in the partment of Veterans Affairs; and country. transition from the Department of Defense (2) conducting other types of outreach tar- health program to the Department of Vet- geted at specific groups of veterans, which We have heard about women veterans erans Affairs health care system, including may include outreach conducted on other walking into the lobby of a medical comparable benefits relating to prosthetic Internet websites or through veterans serv- center and having catcalls come from and orthotic services. ice organizations. all corners of that lobby. We have

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.082 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7737 heard that a woman who had her arm eral Regulations 17.38, as in effect on tee veterans should be recognized and amputated from battle in Fallujah, the date of the enactment of this act. respected. And, unquestionably, they when she appeared before a doctor at b 2010 have unique needs that require special- her VA, the doctor thought she had ized care and services. But H.R. 5953 is cancer. He couldn’t imagine her as hav- Those are the regulations that ban a flawed bill that has been brought to ing lost an arm due to combat condi- abortions in Federal facilities. So just the floor under a flawed process. tions. We have had single women who to make sure that people feel that they In Congress, certain procedures are have had to bring their children be- can vote for this without violating put in place to ensure that policy is cause they could not get child care, some other principles, this sentence is done correctly. Under regular order, in there, and the gentleman from New and doctors refusing to see them. We once a bill has been introduced, it’s re- Jersey feels that that adequately and have got to change this institution to ferred to a committee of jurisdiction. definitively eliminates that problem meet the needs, the real needs of the Once in committee, it may be referred that had been brought up in recent women veterans of our Nation. to a particular subcommittee or held in The VA must recognize and be days. full committee, where hearings and Let me if I may, Mr. Speaker, go on equipped to treat the unique medical markups—and that for the public to the Injured and Amputee Bill of concerns that women veterans have. would be votes—are held and Members Rights. There are not many of us who They must respect privacy concerns, and interested stakeholders are given have not heard of the horrific battle- eliminate cultural insensitivity that the opportunity to examine legislation ground stories experienced by our may otherwise bar women from access- young men and women who have served for sound policy and unintended con- ing the VA health care system. In most in Operation New Dawn and Operation sequences. If Members desire, they may of the VA medical centers they are not Enduring Freedom. These stories re- offer amendments to improve a bill be- even changing in privacy curtains so veal a gruesome and difficult war in fore it’s voted out of committee and that women may have that deserved which servicemembers often sustain brought to the House floor for further privacy. long-lasting emotional and physical in- debate before being voted on by the full We made a lot of progress this Con- juries. Of these none is more disheart- House. gress in addressing the women veterans ening than the amputations undergone This is a time-tested democratic with the enactment of S. 1963, the by servicemembers as a direct result of process, and I have seen numerous bills Caregivers and Veterans Omnibus the widespread use of roadside bombs, made better when we follow regular Health Services Act of 2010. This bill, otherwise known as IEDs, Improvised order. Instead, this bill is being H.R. 5953, would bring the VA another Explosive Devices. brought to the floor in a closed process. step closer to providing equal care for This class of injuries, which has It bypasses regular order in spite of nu- women to their male counterparts. spiked significantly since the onset of merous and serious objections, includ- My bill would require the VA to dis- Operation New Dawn, requires special ing those of our ranking member, Con- play in all of its facilities the 24 funda- consideration within the Department gressman BUYER. mental principles governing the treat- of Veterans Affairs. After returning We were supposed to have debated ment of women veterans, as well as re- home, these individuals must embark and voted on H.R. 5953 yesterday, but it quire VA to widely distribute the bill upon a long road to recovery that in- was pulled from consideration at the of rights to women veterans. cludes extensive rehabilitation and very last minute after grave concerns Among the key principles of this bill specialized treatment. were raised by the Pro-Life Caucus, the of rights is the right to coordinated, This bill instructs the VA to inform National Right to Life Committee, the comprehensive primary women’s veterans and educate employees at Concerned Women for America, and the health care at every VA medical cen- each VA prosthetics and orthotics clin- United States Conference of Catholic ter, the right to receive care from cli- ic that there is an Injured and Ampu- Bishops, among others, over language nicians who have special training and tee Veterans’ Bill of Rights. The bill that could have created a legal basis to experience in women’s health issues, requires the VA to monitor and resolve require government-funded abortions and gender equity in accessing all clin- complaints from injured and amputee at VA medical centers. I am pleased ical services. My hope is that this leg- veterans alleging mistreatment. that a new section was added to the islation will lead to bold changes that I believe that this bill will do much bill we will consider today that is in- will effectively tackle the needs of our to protect the rights of our injured and tended to address these particular con- brave and honored women veterans. amputee veterans, as well as bolster cerns. This bill, as amended, mandates also the consistency of prosthetic and However, H.R. 5953, as amended, still another bill of rights. Let me just say orthotic care throughout the VA continues to raise significant policy one last thing, though, on the women’s health care system. questions, including whether rights are bill of rights. There was some concern I urge my colleagues to support this consistent with current veterans’ raised in recent days about the rela- important legislation. We have been health care eligibility under title 38 of tionship to this bill and the rights con- working on these bills for a long, long the United States Code. ferred on women veterans, and there- time, and I am pleased that we have Among these rights in question are fore the bringing of abortion services been allowed to bring these bills even the right to equal consideration in hir- into the VA medical facilities. This bill in this lame duck session to allow the ing and employment. This right seems did not do that. It made no reference to VA to move into the 21st century in to create an unfounded expectation re- all the laws on the books that prevent terms of treatment of our women vet- garding employment in both public and Federal facilities from doing that. But erans and in treatment of our veterans private sectors but leaves the meaning in a discussion with the gentleman who have undergone amputations. of equal consideration unknown. Equal from New Jersey (Mr. SMITH), who pre- I reserve the balance of my time. to whom or what? Do existing employ- viously chaired this VA Committee, Mr. ROE of Tennessee. Mr. Speaker, I ment laws and regulations meet this who is a leader of the so-called pro-life yield myself as much time as I may new undefined standard or will addi- forces in this Congress, he said we can consume. tional regulations be required? fix that for you. All you have to do is H.R. 5953, as amended, would direct The right for female veterans to have add a line that he gave us and we have the Secretary of Veterans Affairs to female personnel assist them in their put in this bill. display in each VA facility a Women disability claims process. It is unclear So nobody need be concerned that Veterans’ Bill of Rights. Included as whether this provision refers to VA this bill somehow overrides all pre- part of the manager’s amendment is employees, to veterans service organi- vious laws and mandates abortion serv- H.R. 5428, a bill to direct VA to create, zations, to others who may assist a vet- ices in the VA clinics. It says and is in- educate, and inform staff and veterans eran in filing or appealing a claim, or cluded in this bill by manager’s amend- about an Injured and Amputee Vet- to all of the above groups. But VA has ment that nothing in this act shall be erans’ Bill of Rights. no control over the gender of third par- construed to establish a right to any The intent of the bill is laudable. The ties who represent claimants before service excluded under 38 Code of Fed- sacrifices of women, injured and ampu- VA.

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.133 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7738 CONGRESSIONAL RECORD — HOUSE November 30, 2010 Similarly, the right for female com- I understand what the chairman—as I For generations, Members on both sides of pensation and pension examiners to be said, it’s laudable what he wants to do. the aisle have sought world class medical care made available to women veterans is I agree with many of the issues here. I for wounded and ill veterans, compensation problematic. There are several loca- have no problem with that. I am here for the service connected disabled, funding for tions where a female examiner may not discussing basically the process of how higher education and housing, and programs be present, which could place the fe- we got here to the floor. to rescue and re- enfranchise the homeless. male veteran at a disadvantage for a I reserve the balance of my time. And as Lincoln said so eloquently, the Fed- timely exam. Mr. FILNER. Mr. Speaker, I do want eral Government should care for ‘‘his widow Correcting issues like these are why to assure the gentleman that, as he and orphan.’’ we have a hearing process. Good gov- knows, we have had several I am the prime sponsor of numerous vet- ernment is worth taking our time. roundtables. We call them roundtables erans laws, including the Homeless Veterans The Committee on Veterans’ Affairs rather than hearings, because we lit- Assistance Act, the Veterans Education and has never held a hearing on H.R. 5953. erally sit around the table and have Benefits Expansion Act, Veterans Survivor Consequently, Members have not been discussions rather than just have peo- Benefits Improvement Act and numerous provided the opportunity to examine or ple questioned. And we have had people health care laws including the Veterans Health amend the legislation to rectify any from all over the country testify on Program Improvement Act which, among unintended consequences the bill could this bill. scores of provisions, made permanent the au- have or to improve it. Even the VA has We have sent the bill to every single thority of the Secretary to provide sexual trau- not been provided the opportunity to veterans service organization, to every- ma counseling to veterans—especially present their official views, and none of one who has ever asked or complained women. the veterans service organizations or about treatment as women veterans. Women who serve in our nation’s Armed other interested stakeholders have We have had enormous input from Forces deserve special gratitude and recogni- been provided the opportunity to com- around the country on this, probably tion in law. As veterans, they face unique ment on the bill, which could directly more than any other bill that we have challenges that both the Executive and Legis- impact so many of their daily lives. done. The bill has undergone a whole lative Branch has and is attempting to ad- Additionally, we are going to vote on lot of changes and has responded to a dress. the bill without knowing what it will lot of the input that we had, including In September, the Advisory Committee on cost because the Congressional Budget from Members of the opposite party Women Veterans made ten recommendations Office was not given the opportunity to who have been at some of the round- to improve the quality of care provided to prepare a cost estimate. table discussions. women veterans—to help ensure that the Yesterday, a last-minute fix was services and benefits we provide keep pace b 2020 needed to ensure this bill would not with the fastest growing segment of the vet- provide a basis for federally funded It is time, Mr. Speaker, to move into erans’ population. They stated that we must abortions. What else is in the bill that the 21st century on this. The VA has bulk up the VA’s gender-specific workforce may require a fix? We don’t know be- been a male institution. We cannot and train and equip qualified staff to handle cause we weren’t able to properly vet it keep waiting for change. It has to the unique challenges women face when before it was brought to the floor. come. Women are performing an in- transitioning to civilian life. They confirmed How would this Bill of Rights be en- credible, incredible role in the conflicts what many of us know and have been working forced? What would happen if VA per- that we have ongoing. We should not on for years—that homelessness among vet- sonnel didn’t comply? We don’t know. say ‘‘thank you’’ by an unwelcome re- erans, and women in particular, is a plague What we do know is the VA already sponse to their coming to a VA facil- we must work harder to eliminate. Improve- has a comprehensive list of patients’ ity. It’s time that we had a Bill of ments in outreach and childcare services rights displayed in each facility. The Rights for women veterans. would allow more women to take advantage of existing Bill of Rights applies to each I reserve the balance of my time. the health care, and mental health care in par- and every veteran and includes the Mr. ROE of Tennessee. Mr. Speaker, ticular, that are available for them. right to be treated with dignity, com- again, this bill, 5953, did not come in Today, the House considers a bill to estab- passion, and respect, and the right to from the full Veterans’ Affairs Com- lish a Bill of Rights for women veterans as information about VA benefits to mittee like other bills that I’ve seen. well as those men and women who have lost which you may be entitled and other Again, I’m new, as you are. I have been limbs to further ensure prompt, comprehensive important rights for veteran patients here 2 years. But what I’ve seen is and effective treatment within the VA. cared for in a VA medical facility, in- these bills come up. We have a markup, I am especially pleased that Chairman FIL- cluding women veterans and veterans and a markup means just a vote on the NER’s bill—H.R. 5953—makes absolutely clear with amputations. bill, and then the chairman will ask, that abortion is not health care under this bill I and my Republican colleagues are Are there any amendments at the and so-called abortion rights are not implied strongly committed to meaningful table? We will discuss those amend- by any of the rights specified in the legislation. oversight for the benefits and services ments and vote them up or down. We In addition to eliminating any legal grounds for we provide for our veterans. I would didn’t have a chance to vet that with implying a right to abortion access, abortion have appreciated the opportunity to this process. funding or any other abortion-related activity, have a voice in the process of bringing And I think it’s a laudable thing, as the newly added Section 4 also neutralizes H.R. 5953 to the floor today. That is I have said, to do. I certainly see many any legal effort to use the Women Veterans why the voters of Tennessee sent me to things in here, and I’ve got the Bill of Bill of Rights as a basis to infer a right to other Congress, and I fully intend as a mem- Rights right here that the VA has post- controversial services such as abortion coun- ber of the VA Committee to ask for ed on the wall, and I certainly would seling, IVF and gender alteration as well as hearings on these issues in the 112th have liked to have had the opportunity spa or gym memberships, care for veterans in Congress. to go over this Bill of Rights. This par- prison and unapproved drugs and devices. I just want to say, the chairman and ticular bill was introduced July 29, Section 4 of H.R. 5953 states: ‘‘Nothing in I have worked on many things together 2010. I was at all the Veterans’ mark- this Act shall be construed to establish a right during this past year, many good ups. I certainly didn’t miss this one, to any service excluded under 38 CFR 17.18, things. And I, as a veteran, I am a vet- and it didn’t come through the regular as in effect on the date of enactment of this eran, and I am an Ob/Gyn physician order. That’s my complaint, not the Act.’’ who has treated veteran patients for content so much. Specifically the services listed as exclusions over 30 years in my community, which Mr. SMITH of New Jersey. Mr. Speaker, under 38 CFR 17.38 as of the date of enact- has a veterans hospital, so I am very every American has a duty to respect, honor ment of H.R. 5953: well aware of these issues. and support our veterans. (1) Abortions and abortion counseling. I certainly agree with a Bill of Congress has the responsibility to ensure (2) In vitro fertilization. Rights. The problem is we had no way that the profound respect owed to our vet- (3) Drugs, biologicals, and medical devices and no process in which to look erans is translated into meaningful and tan- not approved by the Food and Drug Adminis- through this. gible action. tration unless the treating medical facility is

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 9920 E:\CR\FM\K30NO7.134 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7739 conducting formal clinical trials under an In- direct the Secretary of Veterans Affairs to dis- erans Affairs to display in each facility vestigational Device Exemption, IDE, or an In- play in each facility of the Department of Vet- of the Department of Veterans Affairs vestigational New Drug, IND, application, or erans Affairs a Women Veterans Bill of a Women Veterans Bill of Rights and the drugs, biologicals, or medical devices are Rights.’’ I would like to begin by thanking my to display in each prosthetics and prescribed under a compassionate use ex- colleague, Representative FILNER for intro- orthotics clinic of the Department an emption. ducing H.R. 5953 in the House. I urge my col- Injured and Amputee Veterans Bill of (4) Gender alterations. leagues to also support this noble resolution Rights, and for other purposes.’’. (5) Hospital and outpatient care for a vet- as it reaffirms the importance of gender equal- A motion to reconsider was laid on eran who is either a patient or inmate in an in- ity within the Department of Veterans Affairs. the table. stitution of another government agency if that This bill recognizes the absolute importance of f agency has a duty to give the care or serv- equity between men and women veterans, as SUPPORTING DESIGNATION OF NA- ices. they have both equally sacrificed for our great TIONAL VETERANS HISTORY (6) Membership in spas and health clubs. Nation. As patriotic Americans, in return, we Mr. Speaker, VA hospitals and Community PROJECT WEEK must honor and respect these heroes. Based Outpatient Clinics are today extraor- Women’s contribution to our armed forces Mr. FILNER. Mr. Speaker, I move to dinary places of healing, recovery, and recu- has a long tradition, which began during World suspend the rules and agree to the reso- peration. Abortion is not health care. War II. This contribution included not only the lution (H. Res. 1644) expressing support Because abortion methods dismember, de- women who courageously served in our for designation of a ‘‘National Veterans capitate, crush, poison, starve to death and in- Armed Forces at a time in our Nation’s history History Project Week’’. duce premature labor, pro-life Members of The Clerk read the title of the resolu- Congress, and according to every reputable where women did not possess the rights we tion. poll, significant majorities of Americans want have today, but also the six million women The text of the resolution is as fol- no complicity whatsoever in this violence. who manned the manufacturing plants which Abortion hurts women’s health and puts fu- produced munitions and material during World lows: ture children subsequently born to women who War II while the men who traditionally per- H. RES. 1644 aborted at significant risk. At least 102 studies formed this work were off fighting the war. Whereas 2010 marks the 10th anniversary of show significant psychological harm, major de- Today, there are 1.8 million women vet- the establishment of the Veterans History pression and elevated suicide risk in women erans throughout the United States, that still Project by the United States Congress in deserve the same acknowledgement of rights order to collect and preserve the wartime who abort. stories of United States veterans; Recently, the Times of London reported that other veterans have received. This is an important resolution which recognizes the Whereas Congress charged the American that, ‘‘[S]enior . . . psychiatrists say that new Folklife Center at the Library of Congress to evidence has uncovered a clear link between Women Veterans Bill of Rights within each fa- undertake the Veterans History Project and abortion and mental illness in women with no cility of the Department of Veterans Affairs. to engage the public in the creation of a col- previous history of psychological problems.’’ This resolution upholds a strong standard of lection of oral histories that would be a last- They found, ‘‘that women who have had abor- respect and dignity for equality within the De- ing tribute to individual veterans; tions have twice the level of psychological partment of Veterans Affairs. Our commitment Whereas the Veterans History Project re- problems and three times the level of depres- to veterans is to both men and women vet- lies on a corps of volunteer interviewers, sion as women who have given birth or who erans who have courageously dedicated their partner organizations, and an array of civic minded institutions nationwide who inter- have never been pregnant. . .’’ lives to serve their Nation. The Women Veterans Bill of Rights enumer- view veterans according to the guidelines it In 2006, a comprehensive New Zealand provides; study found that 78.6 percent of the 15–18 ates a number of non-controversial, necessary Whereas these oral histories have created year-olds who had abortions displayed symp- rights for female veterans of the United States an abundant resource for scholars to gather toms of major depression as compared to 31 Armed Forces. The Bill of Rights includes the first-hand accounts of veterans’ experience percent of their peers. The study also found right to be treated with dignity, the rights to in World War I, World War II, the Korean that 27 percent of the 21–25 year-old women primary health care, and the right to treatment War, the Vietnam War, the Persian Gulf who had abortions had suicidal idealizations by those clinicians with training and experi- War, and the Afghanistan and Iraq conflicts; Whereas there are 17,000,000 wartime vet- compared to 8 percent of those who did not ence in women’s health issues among others. This is an important bill that advocates the erans in the United States whose stories can have an abortion. educate people of all ages about important At least 28 studies—including three in equal treatment of women veterans. It encour- moments and events in the history of the 2009—show that abortion increases the risk of ages the fair treatment of anyone that has United States and the world and provide in- breast cancer by some 30–40 percent or more served this country by defending the United structive narratives that illuminate the yet the abortion industry has largely suc- States, and establishes that no one should be meanings of ‘‘service’’, ‘‘sacrifice’’, ‘‘citizen- ceeded in suppressing these facts. treated any differently based on their gender. ship’’, and ‘‘democracy’’; Abortion isn’t safe for subsequent children This bill is truly American and represents an Whereas more than 70,000 oral histories born to women who have had an abortion. At undivided Nation that respects both men and have already been collected and more than least 113 studies show a significant associa- women equally and fairly. I urge my col- 8,000 oral histories are fully digitized and available through the website of the Library tion between abortion and subsequent pre- leagues to support H.R. 5953 and support the of Congress; mature births. For example a study by re- rights of women veterans throughout the Whereas the Veterans History Project will searchers Shah and Zoe showed a 36 percent United States. increase the number of oral histories that increased risk for preterm birth after one abor- Mr. ROE of Tennessee. I yield back can be collected and preserved and increase tion and a staggering 93 percent increased the balance of my time. the number of veterans it honors; and risk after two. Mr. FILNER. Mr. Speaker, I urge my Whereas ‘‘National Veterans Awareness Similarly, the risk of subsequent children colleagues to support H.R. 5953, as Week’’ has been recognized by Congress in being born with low birth weight increases by amended. previous years: Now, therefore, be it 35 percent after one and 72 percent after two I have no further requests for time, Resolved, That the House of Representa- and I yield back the balance of my tives— or more abortions. Another study shows the (1) supports the designation of a ‘‘National risk increases 9 times after a woman has had time. Veterans History Project Week’’; three abortions. The SPEAKER pro tempore. The (2) recognizes ‘‘National Veterans Aware- What does this mean for her children? question is on the motion offered by ness Week’’; Preterm birth is the leading cause of infant the gentleman from California (Mr. (3) calls on the people of the United States mortality in the industrialized world after con- FILNER) that the House suspend the to interview at least one veteran in their genital anomalies. Preterm infants have a rules and pass the bill, H.R. 5953, as families or communities according to guide- greater risk of suffering from chronic lung dis- amended. lines provided by the Veterans History ease, sensory deficits, cerebral palsy, cog- The question was taken; and (two- Project; and (4) encourages local, State, and national nitive impairments and behavior problems. thirds being in the affirmative) the organizations along with Federal, State, Low birth weight is similarly associated with rules were suspended and the bill, as city, and county governmental institutions neonatal mortality and morbidity. amended, was passed. to participate in support of the effort to doc- Ms. JACKSON LEE of Texas. Mr. Speaker, The title was amended so as to read: ument, preserve, and honor the service of I stand before you in support of H.R. 5953, ‘‘to ‘‘A bill to direct the Secretary of Vet- United States wartime veterans.

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.078 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7740 CONGRESSIONAL RECORD — HOUSE November 30, 2010 The SPEAKER pro tempore. Pursu- most people, we should be doing this camera across the kitchen table and ant to the rule, the gentleman from nationwide, and that was the basis of letting them go. It could be a 10- California (Mr. FILNER) and the gen- the Veterans History Project. minute interview; it could be 2 hours, tleman from Tennessee (Mr. ROE) each Today, it is the largest oral history depending on how much the veteran will control 20 minutes. collection in the United States, and I wants to share. And that’s what makes The Chair recognizes the gentleman believe it’s the world’s largest oral his- these stories so remarkable. from California. tory collection. I want to commend the I had an at-risk high school back in GENERAL LEAVE leadership of the Library of Congress, La Crosse, Wisconsin, who has taken Mr. FILNER. Mr. Speaker, I ask under Colonel Bob Patrick, who heads the lead for a number of years of those unanimous consent that all Members up the Veterans History Project and students that are actually going out may have 5 legislative days in which to his 25-person staff there, but also espe- making contact and interviewing these revise and extend their remarks and in- cially our own Librarian of Congress, veterans. Many of these kids are at clude extraneous material on House Dr. Jim Billington, for his leadership risk of dropping out. They’re not the Resolution 1644. on this as well. greatest performers in school, and yet The SPEAKER pro tempore. Is there What I’ve discovered throughout the this is a project that has caused the objection to the request of the gen- years in conducting many of the inter- history to come alive in their own tleman from California? views myself and reading many of the lives. They have to do a little bit of re- There was no objection. transcripts of the Veterans History search, some background on the vet- Mr. FILNER. I yield myself such Project is a common theme that runs erans and the time period in which time as I might consume. through most of the stories. First, they’re going to conduct the interview, Mr. Speaker, this bill, H. Res. 1644, most of the veterans don’t feel they did and then it gives them a chance to con- the National Veterans History Project anything special. They were only doing nect with the veterans in their own Week, comes to us from our colleague their duty. They were answering the community. It’s been a great bridge be- from Wisconsin (Mr. KIND) to honor the call to service. And secondly, one of tween the older and younger genera- lives of our Nation’s veterans, and I the great motivators in having them do tion. thank him for introducing the resolu- that, especially at times of conflict, And I asked one of the students who tion before us today. was not letting their colleagues down got done interviewing a veteran, who I would like to yield to the gen- serving next to them. And yet these participated in it, what he thought of tleman from Wisconsin for as much are ordinary Americans from all walks it. And he said, you know, I’ve never time as he may consume. of life, from every corner of America been a great student. I don’t like doing Mr. KIND. Mr. Speaker, I thank my who went on to do extraordinary a lot of reading. History bores me to good friend and colleague from Cali- things, and each of them had a role to death. But by doing this project, I felt fornia for yielding me this time and for play at times of conflict, at times of as if I was doing my own small con- his support of H. Res. 1644. peace. tribution to preserving American his- Mr. Speaker, as the author of the Sometimes it’s difficult asking our tory. Veterans History Project, I rise in veterans to come forward and share That’s what this is about. It’s about strong support of this resolution before their stories because they don’t feel preserving these stories so future gen- us this evening. The Veterans History like they have much to contribute or erations never forget. And if I had a Project, however, isn’t new. It’s been in anything significant, but each of them nickel every time a family member or existence for 10 years. We celebrated do in their own way. acquaintance or some stranger walked its 10-year anniversary just this year. And I also want to thank the tremen- up to me said, Gee, I wish I had talked Simply put, it’s the last task of a dous support and contribution of so to my father or mother or grandfather grateful Nation to our veterans to ask many organizations and entities or grandmother before they had passed them to help us preserve an important around the country that have been away, I would probably be the richest part of American history—what it was helping to get the word out that this person in the whole world right now. like for them to serve our Nation dur- Veterans History Project, in fact, ex- There is a lot of regret out there. But ing times of conflict and times of ists, from the VFW and American Le- it doesn’t have to be that way with the help and cooperation of so many people peace. And since the creation of the gion halls through the Nation, AARP throughout the Nation. Veterans History Project, we have has been a major sponsor of this legis- I’ve been especially pleased with the close to 80,000 veterans’ stories that lation, to countless social and commu- strong bipartisan support that this and have been recorded, collected, and are nity organizations in all of our towns previous Congresses have shown toward now being archived in probably the and communities. And that has been the Veterans History Project, but best place in the entire world where it one of the great challenges, because there’s still so much work that needs can and should be archived—out of our the clock is ticking and time is of the to be done, especially now with so own Library of Congress here in Wash- essence. many of our veterans returning home ington, D.C. We are losing close to 1,700 veterans from conflicts overseas, whether it’s The genesis of the Veterans History a day, mainly of the World War II and Iraq, Afghanistan or wherever our Project occurred over a Father’s Day Korea generation who are passing troops are serving us throughout the weekend back home in my city of La away. And if we don’t go and talk to globe. Crosse, Wisconsin. I was sitting around them and record their stories, they So I would encourage my colleagues the picnic table with my father, who is take with them an important part of to support this resolution, to support a Korea generation veteran, Elroy, and American history—their service to our the Veterans History Project overall, his brother, my uncle, Don Kind, who Nation. And that’s why the Library of help get the word out. And for those was with a bomber crew in the Pacific Congress, again, has been working furi- who are looking for more information during the Second World War, and they ously to try to get the word out about about what this is and how they can started sharing with me their experi- the existence of this project, and they participate, they can go to the Library ence in serving our Nation. And I told have done a commendable job in doing of Congress Web site, loc.gov, and read them to wait. Since my two little boys it. and download the information, or they were toddlers at the time and couldn’t That’s why I think this resolution is can contact any one of our congres- understand or wouldn’t understand necessary to have Congress consider sional or Senate offices or get in touch what they were saying, I ran into the designating a week for the Veterans with a veterans service organization house, grabbed the family video cam- History Project which would help us right in their own community who era, set it up on the picnic table, and get information out to even more peo- would have this information readily then asked them to continue talking ple. And it’s as simple as a person just available. about their experience serving our Na- approaching their own family member, tion. And I got to thinking, given the friend, neighbor, loved one in their life b 2030 advent of modern technology today, and asking them to share their story In 10 years, there are close to 80,000 how accessible it is for most families, and then setting up that family video stories.

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.138 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7741 And one final note, I also want to least one veteran in their families or at his record and that part was inked thank and commend the National communities according to guidelines out. That is a history that would have Court Reporters Association. My wife, provided by the Veterans History been lost without this. who happens to be a court reporter, Project, and encourages local, State My own father-in-law flew combat very early on in the creation of this and national organizations along with missions in Burma supporting Merrill’s project approached them to see if they Federal, State, city and county govern- Marauders during World War II. could volunteer their time in tran- mental institutions to participate in I was in a Hardees one morning cam- scribing a lot of these video interviews support of the effort to document, pre- paigning, shaking hands. I sat down to so there is a written record of it, too. serve, and honor the service of United talk to two gentlemen, and who did I Many of them throughout the Nation States wartime veterans. talk to but two veterans who had sur- have stepped up and have donated The Veterans History Project is vived the Battle of the Bulge, and they countless volunteer hours in tran- maintained by the American Folklife shared their stories with me. scribing these videotapes, so there is a Center in the Library of Congress. It One veteran in the same county the written record. collects, preserves, and makes acces- very same day had won a Silver Star The library now is creating books sible the personal accounts of Amer- after having a severe head injury. And and documentaries based on these ican war veterans so that future gen- I asked him how he was doing. He said interviews. Historians have a place to erations may hear directly from vet- he was cutting back on his farming a go and receive original historical re- erans and better understand the reali- little bit; he was 87 years old. That is search for books and articles that they ties of war. the generation that built this Nation. are writing. It has really turned into a The collection features firsthand ac- To lose those histories, and I agree treasure trove of information, and counts of U.S. veterans who served in with you completely, how many times again an important part of American World War I, World War II, the Korean have we heard, I wish I had taken a history, what it was like for our vet- War, the Vietnam War, the Persian note of it, I talked to someone who erans to serve our Nation during times Gulf War from 1990–1995, or Afghani- served and gotten their story. It is not all, most of us veterans of peace and also during times of war. stan and Iraq conflicts, 2001 to present. won’t share everything we did. I want I encourage my colleagues to support It also contains the accounts of U.S. to make that clear, too, for the House the resolution. I want to thank Chair- citizen civilians who actively sup- tonight. There are some things that man FILNER for his support of the reso- ported war efforts such as war industry probably just need to be left unsaid. lution, and the gentleman from Ten- workers, USO workers, flight instruc- But those stories have meant a lot to nessee, and encourage its passage. tors, medical volunteers, defense con- me and my family, and I would encour- Mr. FILNER. I thank the gentleman. tractors, and so on. Citizens can par- age now that we have an opportunity Thank you for your leadership, Mr. ticipate by obtaining a field kit from for all veterans who can and are able to KIND. You have done an incredible job. the Library of Congress which contains and are willing to, to share these sto- I happen to be an historian myself. I the tools necessary to conduct inter- ries and document them. They are very have done a lot of work in oral history, views or help veterans with the inter- important, because as was stated, we and you described it so eloquently. I view process. are losing 1,500 to 1,700 World War II Several Members of Congress have al- wish my father, who was in World War veterans per day. II, we could have taped before he died. ready participated in interviews relat- I strongly encourage my colleagues Just a couple of weeks ago when I ing to their military service. I am one to vote for this resolution. was back home, I met with a group of of them. Other Members are CLIFF I yield back the balance of my time. black soldiers who in 1946, 2 years be- STEARNS, the deputy ranking member Mr. FILNER. Mr. Speaker, I yield fore the Executive order that inte- of the committee, who reported his ex- myself such time as I may consume. grated our armed forces, the black sol- perience as an Air Force captain during I have had the honor, privilege of diers had been approached by General the Vietnam War; and Ranking Repub- chairing the Veterans’ Affairs Com- Eisenhower to say hey, the Battle of lican STEVE BUYER , who recorded his mittee for the last 4 years. The voters the Bulge has taken so many of our in- experiences during the Persian Gulf of this Nation have changed the party fantrymen, who will volunteer to join War in Iraq. in charge, and so I think this will prob- the infantry, the white infantry? About Again, I urge my colleagues to sup- ably be my last day on the floor as the 5,000 volunteered. To hear their stories, port H. Res. 1644, and just to thank the chairman. I just want to thank the vet- and I referred them. I said get right gentleman. We had the Traveling Viet- erans of this Nation from around the over to our project; we need to hear nam Wall in my hometown of Johnson country and around the world. I have that because most of us don’t know City, Tennessee, a little over a year, a met with them. They have changed me about that little history, and that is year and a half ago. We had thousands as a person. I have learned incredible very inspiring to hear what they were of people come by. I was able to par- amounts from them. I have learned able to do. ticipate myself as a veteran. We got how much we have to do to fulfill our Thank you for your leadership. I hundreds of stories from during the commitment to our Nation’s veterans. think, as you said, it is not only to Vietnam War. I think we have done a lot in this maintain our own history, but to In a small church in Sevierville, Ten- committee for the last 4 years. Some of bridge the gap between generations. So nessee, a small Baptist church, 15 our staff is here, and I want to thank I thank the gentleman once again. young men went off to World War II them because they have made it all I reserve the balance of my time. and three did not return. I asked them possible. In fact, Mr. Speaker, we have Mr. ROE of Tennessee. Mr. Speaker, I to record this history for their church a fellow from the Military Fellows Pro- yield myself such time as I may con- and for their community. gram who worked with us for a year sume. My history professor in college, Dr. that the Speaker set up for us to bring I rise in support of House Resolution Preston Hubbard, wrote a book in the military folks from different 1644, a bill expressing the support of ‘‘Apocalypse Undone,’’ recounting his services and from different occupations the House of Representatives for the capture in the Philippines, the Death to both help us and to help them with designation of a National Veterans His- March, and time as a slave laborer in a year on Capitol Hill. One of those is tory Week. Japan for 4 years, an incredible ac- completing his year just about now, On October 27, 2000, Public Law 106– count. Ricco Player. We want to thank you, 380 was signed by President William I spoke recently to a 96-year-old vet- Ricco, for all of your work. As a ma- Jefferson Clinton to establish the Vet- eran at the Mountain Home VA Med- rine, he is going to be deployed to Af- erans History Project. The legislation ical Center in Johnson City about his ghanistan after Christmas, so we wish before us supports the designation of a experience before there was World War him the best but we want to thank him National Veterans History Project II when the U-boats wolf pack were for the work. He has taught us a lot, Week, recognizes National Veterans sinking our ships taking supplies to and hope that you will bring back some Awareness Week, and calls on the peo- England. He flew missions to bomb of our knowledge to your fellow ma- ple of the United States to interview at those before there was a war. I looked rines.

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.140 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7742 CONGRESSIONAL RECORD — HOUSE November 30, 2010 In the last 4 years, Mr. Speaker, we States; which was read and referred to woman from North Carolina (Ms. FOXX) have added almost $25 billion to the the Committee on Oversight and Gov- is recognized for 5 minutes. health care needs of our veterans. That ernment Reform and ordered to be Ms. FOXX. Mr. Speaker, today I rise is over a 65 percent increase. That is printed: to honor the rich and transformative unprecedented in the history of VA to To the Congress of the United States: legacy of Jerry Long. Mr. Long died have such an increase, and we needed The law authorizes me to implement earlier this month after serving as a to do that. We have literally hundreds an alternative pay plan for locality pay leader in Winston-Salem, North Caro- of thousands of new veterans, many increases for civilian Federal employ- lina, civic and business life for decades. with brain injury, many with PTSD, ees covered by the General Schedule From his years of serving at the head post-traumatic stress disorder. We and certain other pay systems in Janu- of R.J. Reynolds to his time at the have veterans from Vietnam War who ary 2011, if I view the adjustments that helm of the Winston-Salem Chamber of are aging, and even earlier wars, obvi- would otherwise take effect as inappro- Commerce or his dedicated philan- ously. So we have tremendous need, priate due to ‘‘national emergency or thropic efforts, Jerry Long was nothing and we put in billions of dollars into serious economic conditions affecting short of a catalyst for dramatic and especially mental health care of our the general welfare.’’ Our country faces positive change for the people of Nation’s veterans. serious economic conditions affecting Forsyth County and Winston-Salem. We wrote a GI bill for the 21st cen- the general welfare. As the economic Thanks to his decades of tireless advo- tury which matched the GI bill really recovery continues, the time has come cacy for Winston-Salem, the area is from 1944, the original GI bill. to put our Nation back on a sustain- today a better place to live than it able fiscal course, an effort that re- would have been had Jerry Long not b 2040 quires tough choices and shared sac- taken such keen interest in the well- I don’t know about you, Mr. Speaker, rifice. Accordingly, I have determined being of the people and businesses of but I’m here because of the GI Bill. My that it is appropriate to exercise my Winston-Salem. dad came back from the war. He got statutory alternative plan authority Passing away earlier this month at 82 some education, and we were able to under 5 U.S.C. 5304a to set alternative years of age, Jerry Long left a potent buy a house. We were middle class for January 2011 locality pay rates. This legacy of caring, generosity and a posi- the first time in our lives because of decision will not materially affect our tive force of personality that helped the GI Bill, like 8 million other fami- ability to attract and retain a well- transform Forsyth County and Win- lies who took advantage of that. qualified Federal workforce. ston-Salem into the place it is today. So we have brought those benefits in Under the authority of section 5304a His irreplaceable impact on this corner line to what it really costs to go to col- of title 5, United States Code, I have of North Carolina will not soon be for- lege. As you have seen today, we have determined that the current locality gotten. worked on homeless veterans, and we pay percentages in Schedule 9 of Exec- Jerry Long’s investment in the com- have worked on women veterans. We utive Order 13525 of December 23, 2009, munity was only one facet of his char- have tried to improve access for rural shall not increase from their 2010 lev- acter. He was also a dedicated husband veterans. We have done quite a bit. els. Pursuant to the Non-Foreign Area of 56 years to his wife, Marieanne, as I am looking forward to working Retirement Equity Assurance Act of well as a faithful father to their six with our counterparts in the new Con- 2009 (sections 1911–1919, Public Law 111– children and a grandfather to 16 grand- gress to continue the progress that we 84), I am also establishing applicable children and one great-grandchild. He have made for veterans. We intend to 2011 locality pay rates for Alaska and was truly a man who knew how to live Hawaii that are based on 2010 locality well and shape his world for the better. cooperate fully. Mr. ROE has been very pay levels. I hope that, upon reflecting on his good to work with. The locality pay rates established in rich life, many will be inspired to in- I am not sure who the chairman will 2010, and continued in 2011 under this vest in and give back to their commu- be from your side, but we have estab- alternative plan, are shown in the at- nities and families in the way that lished, I think, good working relation- tachment. Jerry Long poured himself into Win- ships with nearly every member of BARACK OBAMA. ston-Salem, Forsyth County and his your committee. THE WHITE HOUSE, November 30, 2010. own family. So, as we conclude this bill, Mr. f Speaker, I want to thank again the f staff of our committee. I want to thank SPECIAL ORDERS The SPEAKER pro tempore. Under a previous order of the House, the gentle- the staffs on both sides of the aisle for The SPEAKER pro tempore. Under woman from California (Ms. RICHARD- their work and for doing so much for the Speaker’s announced policy of Jan- SON) is recognized for 5 minutes. veterans during the last 4 years. uary 6, 2009, and under a previous order (Ms. RICHARDSON addressed the I would urge passage of the Kind bill, of the House, the following Members House. Her remarks will appear here- H. Res. 1644. will be recognized for 5 minutes each. after in the Extensions of Remarks.) I yield back the balance of my time. f f The SPEAKER pro tempore. The The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a question is on the motion offered by previous order of the House, the gen- previous order of the House, the gen- the gentleman from California (Mr. tleman from Massachusetts (Mr. tleman from New Jersey (Mr. GARRETT) FILNER) that the House suspend the FRANK) is recognized for 5 minutes. rules and agree to the resolution, H. (Mr. FRANK of Massachusetts ad- is recognized for 5 minutes. (Mr. GARRETT of New Jersey ad- Res. 1644. dressed the House. His remarks will ap- dressed the House. His remarks will ap- The question was taken; and (two- pear hereafter in the Extensions of Re- pear hereafter in the Extensions of Re- thirds being in the affirmative) the marks.) marks.) rules were suspended and the resolu- f tion was agreed to. The SPEAKER pro tempore. Under a f The SPEAKER pro tempore. Under a A motion to reconsider was laid on previous order of the House, the gen- the table. tleman from North Carolina (Mr. previous order of the House, the gentle- woman from Ohio (Ms. KAPTUR) is rec- f JONES) is recognized for 5 minutes. (Mr. JONES addressed the House. His ognized for 5 minutes. ALTERNATIVE PLAN FOR 2011 LO- (Ms. KAPTUR addressed the House. CALITY-BASED COMPARABILITY remarks will appear hereafter in the Extensions of Remarks.) Her remarks will appear hereafter in PAYMENTS—MESSAGE FROM the Extensions of Remarks.) f THE PRESIDENT OF THE UNITED f STATES (H. DOC. NO. 111–156) HONORING THE LIFE AND COMMU- The SPEAKER pro tempore. Under a The SPEAKER pro tempore laid be- NITY SERVICE OF JERRY LONG previous order of the House, the gen- fore the House the following message The SPEAKER pro tempore. Under a tleman from Indiana (Mr. BURTON) is from the President of the United previous order of the House, the gentle- recognized for 5 minutes.

VerDate Mar 15 2010 05:48 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.141 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7743 (Mr. BURTON of Indiana addressed Mr. FRANKS of Arizona. Mr. Speak- harm that will come to American serv- the House. His remarks will appear er, I know that it comes as no surprise icemembers or American personnel hereafter in the Extensions of Re- to this House that I have been one very across the country as well. marks.) critical of this administration’s poli- Just to give you an example, Mr. f cies on a number of different fronts, Speaker, the same New York Times The SPEAKER pro tempore. Under a and I suppose that will be no different that was reticent to cover the story previous order of the House, the gen- tonight. But Mr. Speaker, I guess I that’s often referred to as wanted to start out tonight by address- ‘‘Climategate’’ willingly ran the tleman from Oregon (Mr. DEFAZIO) is recognized for 5 minutes. ing the WikiLeaks issue. I know that a WikiLeaks cover story on the front lot of people across America have page of their newspaper. Now this is a (Mr. DEFAZIO addressed the House. looked upon this with interest, and I His remarks will appear hereafter in hypocrisy, Mr. Speaker, that I think is guess it’s significant in my mind that the Extensions of Remarks.) absolutely astounding. In other words, what we’ve seen on the WikiLeaks just to put it in perspective, I will just f issue is really more confirmatory than read what one of the bloggers there of The SPEAKER pro tempore. Under a it is anything that’s informative. In The New York Times said. Andrew previous order of the House, the gen- many ways what the WikiLeaks infor- Revkin of The New York Times, he is tleman from Florida (Mr. LINCOLN mation has demonstrated is that this actually a reporter, was one of the first DIAZ-BALART) is recognized for 5 min- administration has practiced for a long ones to cover Climategate. And in his utes. time a foreign policy of appeasement, first story only a matter of a few hours (Mr. LINCOLN DIAZ-BALART of and I think it has been a disaster for after Climategate’s blog posted, in his Florida addressed the House. His re- our country, Mr. Speaker. story he states, ‘‘The documents’’—this marks will appear hereafter in the Ex- I suppose it goes without saying that is the Climategate documents, Mr. tensions of Remarks.) the most pressing question is how a 22- Speaker—‘‘appear to have been ac- f year-old private first class in a remote quired illegally and contain all manner The SPEAKER pro tempore. Under a location in Iraq could have gained ac- of private information and statements previous order of the House, the gentle- cess to so many of these documents, es- that were never intended for the public woman from California (Ms. WOOLSEY) pecially since they are far outside his eye, so they will not be posted here.’’ is recognized for 5 minutes. scope of responsibilities. It represents, Well, how gallant, how noble of Mr. (Ms. WOOLSEY addressed the House. really, a glaring failure on parts of the Revkin to want to protect some of his Her remarks will appear hereafter in State Department and even some parts perhaps liberal friends from being ex- the Extensions of Remarks.) of the Defense Department. And some posed in some of the over-hyped notion of these commonsense security meas- f of global warming, but yet when peo- ures could have been implemented ple’s lives are at stake, when American The SPEAKER pro tempore. Under a prior to this. The Pentagon has since national security is at stake, then all previous order of the House, the gentle- announced that it will be imple- of a sudden The New York Times is all woman from Florida (Ms. ROS- menting new policies, including a tech- too willing to publish the WikiLeaks LEHTINEN) is recognized for 5 minutes. nology that makes it impossible to information in the interest of full dis- (Ms. ROS-LEHTINEN addressed the copy classified documents to portable closure and grand journalism, and I House. Her remarks will appear here- storage devices. Now the fact is that it find that unbelievable, Mr. Speaker. If after in the Extensions of Remarks.) has taken too long for such a common- the Times reporters had felt such urges f sense policy to sink in, and this admin- of chivalry when it comes to protecting The SPEAKER pro tempore. Under a istration certainly had lead time to the men and women who give up their previous order of the House, the gentle- consider this long before now, but I lives so that we can all sleep peacefully woman from Michigan (Mrs. MILLER) is guess it is, in a sense, indicative of why at night, it’s just a strange time for recognized for 5 minutes. bureaucracies are so inefficient most of them to do that. And to cap it all off, (Mrs. MILLER of Michigan addressed the time. It took the leak of hundreds Mr. Speaker, it is rumored that the the House. Her remarks will appear of thousands of sensitive documents be- leading candidate for Time magazine’s hereafter in the Extensions of Re- fore this government decided to get up ‘‘Man of the Year’’ now is none other marks.) to speed with the unique risks posed by than WikiLeaks’ Julian Assange. f one of the most basic modern conven- Mr. Speaker, before I yield to one of The SPEAKER pro tempore. Under a iences, that being the computer. my colleagues here, I would just like to previous order of the House, the gen- Private Bradley Manning, the U.S. say that, unlike authoritarian regimes Army soldier suspected of leaking the tleman from Arizona (Mr. FRANKS) is across the world, democratic govern- recognized for 5 minutes. documents, and WikiLeaks founder Ju- ments like ours hold secrets largely be- (Mr. FRANKS addressed the House. lian Assange hid behind the claim that cause citizens agree that they should His remarks will appear hereafter in the government’s so-called ‘‘lack of in order to protect legitimate policy the Extensions of Remarks.) transparency’’ is unjustified. This is and national security. But this massive their main reason for justifying their breach of our national security has en- f own actions, Mr. Speaker. Unfortu- dangered our ability to build trust and b 2050 nately, in that process they have pro- cooperation with our allies, it has cer- vided a wealth of aid and comfort to tainly not served the public’s interest, VACATING 5-MINUTE SPECIAL groups that are at war with the United ORDER and most of all, it has strengthened States of America. Of course Mr. and emboldened our enemies. Mr. The SPEAKER pro tempore. Without Assange claims to be fighting for truth Assange and WikiLeaks should be pro- objection, the 5-minute Special Order and transparency. The reality is that foundly ashamed, and I think they ordered in favor of the gentleman from his desire to promote himself has out- should be pursued with whatever legal Arizona (Mr. FRANKS) is vacated. weighed his concern for scores and per- actions can be brought, and of course There was no objection. haps hundreds of innocent lives that he The New York Times, for their com- f has endangered with his reckless pub- plicity in this effort, should be licity in this kind of a stunt in the THE STATE OF OUR NATIONAL ashamed beyond measure. guise of some greater cause. With that, I would like to yield to SECURITY But Mr. Speaker, it’s telling that the my good friend, Congressman LAMBORN The SPEAKER pro tempore. Under foreign media sometimes is almost from Colorado, to see if he has any the Speaker’s announced policy of Jan- more comforting to justice than the thoughts. uary 6, 2009, the gentleman from Ari- American media sometimes. The Amer- Mr. LAMBORN. I thank the gen- zona (Mr. FRANKS) is recognized for 60 ican media willingly complied in dis- tleman for yielding. minutes as the designee of the minor- seminating this information and they Let me point out that, to its credit, ity leader. are complicit, in my judgment, in any The Wall Street Journal did not accept

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.150 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7744 CONGRESSIONAL RECORD — HOUSE November 30, 2010 the offer to disseminate these Assange, an Australian citizen, a per- really not brought about because of the WikiLeaks latest round of documents son who made his living as a hacker, a actions of Mr. Assange but brought from the diplomatic arena, and I think person who is proud of being able to about because of the actions of our en- that that is to their credit. Unfortu- crack anybody’s security code and get emies, our terrorist enemies. nately, The New York Times did not in there and pull that information out And I have come to realize, and I have the same scruples, which is ex- and then dump it into the public arena, think that there will be a significant tremely disappointing to me. into the public media sphere. For what number of Members of Congress that Representative FRANKS, as we look at purpose? What possible constructive have come to realize, that we don’t some of the reports of what were con- purpose could be achieved by an indi- have the tools to fight these enemies; tained in these diplomatic leaks, there vidual who is a product of Western civ- that the idea that we could catch ter- are some really troubling national se- ilization pouring forth state secrets rorists like, for example, Osama bin curity implications that arise. One is from Western civilization itself? It has Ladin’s chauffeur, and we can’t find a that we find, for instance, that it is to be for either self-aggrandizement, way to try that chauffeur and put him confirmed that Iran has received 19 ad- for that or the combination of under- on trial with legitimate expectations vanced missiles from North Korea. Now mining Western civilization. An of an effective prosecution and a con- we have long suspected that there have enemy, an enemy of the things that we viction and a penalty. been ties on a covert basis between believe in. We have Khalid Sheikh Mohammed those two countries, we have some evi- And I don’t stand here with the in- sitting down in Guantanamo Bay yet. dence of that; this just makes it more tent to indict the Aussies. I love the Two years into the Obama Presidency, of a glaring issue. And our administra- Australians. They are a free spirited, when President Obama said he was tion needs to be doing more, not just to strong free market, free will group of going to close Guantanamo Bay and stop WikiLeaks in the future from re- people. They had to also take a con- try these terrorists in civilian courts, vealing our national secrets, but in tinent and settle a continent about the and now we found out what happens stopping Iran and North Korea from size of the United States itself and when you try these terrorists in civil- the propagation of deadly nuclear and make a living down there in an envi- ian courts—a whole bunch of evidence missile technology that they seem to ronment that’s sometimes beautiful that’s essential to the conviction has be doing. The fact that Iran has re- and sometimes harsh. They have a spir- been left out of the prosecution, and ceived 19 advanced missiles from North it of their own. They remind me that in they were not successful in an effective Korea, each of which is capable of every conflict that the United States prosecution and conviction of the last reaching Western Europe or even Mos- has been in they got there first, and terrorist that was tried in civilian cow, is very troubling to me. These are some of them they’ve been in all of court. our NATO allies that we are bound to them. It’s a pretty good thing to say So I look at this and I make the defend if they are attacked, and I don’t about the relationship between the charge that I think our military tribu- think our administration is doing United States and Australia. nals are a useful way to do this and enough to stop the propagation, the There’s not much to say about their Guantanamo Bay is the best place on dissemination of deadly technology citizen—whom I wish today were an the planet to keep them. But we don’t from North Korea to other countries. American citizen, and at that point I quite have the legislative tools. We When we are done talking about think he might be subject to charges of don’t have the judicial tools. WikiLeaks, Representative, I would treason against the United States. I’m hopeful that this Congress will like to make sure we talk more about So as I listened to the speakers here, consider a proposal that’s rooted in some of these national security impli- I reached into my dog-eared Constitu- this thought; that we will set up a spe- cations as well. tion and took up this definition, the cial court like a FISA court, or perhaps I would like to yield back at this constitutional definition of treason, even the FISA court, and ask them to time. and it says—and I know that some have immediately adjudicate when we catch Mr. FRANKS of Arizona. Well, thank called for charges of treason to be somebody that’s working against the you, Mr. LAMBORN. It is my judgment brought against Mr. Assange. I know United States, that’s perpetrating ter- that this would probably be a good they apply to an American citizen. But rorism against the United States, and time to transition to that. And we this says, Article III, section 3: Treason be able to process them immediately would also like to hear from Congress- against the United States shall consist through a special court, and have that man STEVE KING from Iowa. STEVE, do only in levying war against them or in court be able to rule that this was an you have any thoughts about this? Be- adhering to their enemies—which cer- attack against Americans or whether cause some of these national security tainly al Qaeda and the Taliban and it was an attack against America’s civ- issues I know DOUG and I are kind of the enemies of the terrorists who are ilization that was designed to spread obsessed with them—for good reason, lining up against us are our enemies— terror and fear here rather than a but we know that they care about na- and giving them aid and comfort, giv- crime that was committed against in- tional security in Iowa as well. ing aid and comfort to the enemies. dividual Americans, and be able to rule Well, Mr. Speaker, I think it’s a sub- that that individual then fit within the b 2100 ject that we wouldn’t have much de- category of an enemy of the United Mr. KING of Iowa. I thank the gen- bate on here in this Congress that Mr. States, an enemy in this war on terror tleman from Arizona for yielding and Assange has given aid and comfort to that we have, and then instantly move for managing this Special Order here the enemy. He’s empowered the enemy. them off of the shores of the United tonight and for bringing this issue, Mr. He’s put Americans at risk. He’s put States and down to Guantanamo Bay Speaker, before the American people. the allies of Americans at risk. And in or another jurisdiction that’s even fur- This is a critical national security this precarious situation around the ther removed from these courts, and issue. And I’m so grateful that we have globe, in this geopolitical-military-eco- under Article III, section 2, strip these individuals here in this Congress, as in- nomic chess game that goes on con- Federal courts from the jurisdiction of tended by our Founding Fathers, that stantly on the entire planet, he’s taken ruling upon these decisions of terror- focus on a variety of issues that could away some of our advantage and he’s ists that are attacking America. clearly see and be focused on the intel- given it to our enemies. If we do that—and it’s a pretty sticky ligence that can bring this before the And I wish and I hope that there’s a constitutional question on how we American people in such a way that way that we can find a way to pros- would deal with American citizens in they can understand, Mr. Speaker, that ecute a man like that, that we can pro- that category, but it’s not when we you will turn your focus hopefully on tect ourselves. And if we fail to do deal with someone like Julian Assange. this subject matter. that, or even if we’re successful in that An Australian citizen could be put into There has been a lot of discussion and it exposes some other vulnerabili- that category, moved over to a place across the country now and in the news ties, I suggest, Mr. Speaker, that this offshore of the United States outside of media about the WikiLeaks issue. And Congress take a look at some new leg- the jurisdiction of the Federal courts, I look at this, and I think Julian islation, a new structure of law, that’s the civilian Federal courts in the

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And you walk who was in Guantanamo Bay, who was to use, to destroy liberty by using the into these cells, first of all the tem- tried in New York City, I believe, who forums of liberty to destroy liberty perature is set at 75 degrees. Seventy- was found not guilty of about 250 itself. And the reality is is that some- five. My house is a lot warmer than counts of murder—although that’s times we can become victims of our that in Iowa in the summertime. Be- about how many people were killed in own ostensible decency. cause 75 degrees, they argued, was the terrorist attack on the embassy in And this administration, in its kow- their cultural temperature. And I don’t Africa—but was found only guilty of towing to terrorists, has been more know that that’s true. I would think conspiracy to destroy government committed to protecting terrorist 140 degrees is more likely some of their property when over 200 people were rights than it has been to protecting cultural temperature. But in any case murdered in that terrorist attack the lives of American citizens. And I it’s set at 75. shows the weakness of using civilian think that is profound beyond any- And you open the door on any of the trials to try these terrorists who are thing I could suggest. cells, and they have their own person- alized cells, there is an arrow there committing acts of war against our b 2110 country. that points towards Mecca. So they And the WikiLeaks documents, get- Because it just tells me that some- never have to guess which direction ting back to those, show that this ad- how the administration has a philo- that they are praying. Every one of ministration has been trying to place sophical bent that is going in a way them gets a nice fancy prayer rug these Guantanamo detainees in other that I think endangers American free- that’s all embroidered. It takes a lot of countries around the world, like Saudi dom and future generations. And I am hand work. It’s a beautiful piece of Arabia. They are offering them money. hoping that somehow they will wake work. And they get a little skullcap They are offering them concessions if up in time. But yes, the gentleman is that’s also hand-worked and done. And they’ll take some of these people off of correct that WikiLeaks, among other the Korans that they get are carried in our hands so that the President can things, has exposed once again this ad- a ziplock bag so they are nice and pro- move closer to his goal of closing ministration’s effort to try to put tected and never touched by the hands Guantanamo Bay. But that is a mis- these combatants in different countries of an infidel, because that might anger guided policy from day one. to try to avoid the trap that they have the inmates at Gitmo. And they had These people should not be released. I set for themselves in America by in- their nice television and a little break think Saudi Arabia said in one of the sisting that this be done in civilian room that they got together. And here cables that was disclosed, or they said trials. is this flat screen TV. And that went later on, that they would just release And again, it is a disgrace beyond on pretty fine for a while. the people eventually if they were sent words that this man that was instru- Oh, by the way, their meals, they get to their country and they would ulti- mental in the murder of about, I think a choice out of nine selections a day of mately, as we know from cases in the it was 224 people, Mr. LAMBORN, and yet Islamicly approved meals. And they past, many of them would find their he gets conspiracy to destroy govern- can pick three squares out of the nine way back to the battlefield where they ment property. And that is unfortu- every day that fit within their cultural would kill Americans or American al- nately—you know, sometimes the ad- heritage in their way. It isn’t like lies. ministration thinks of these things al- Americans are serving them ham and So I think that the whole misguided ways in sort of academic terms. But beans like they would give me or you policy of Guantanamo Bay being closed this is real life. And national security or anybody else that was in there. They is exposed by some of these WikiLeaks in the 9/11 age is something we should get to select from this special menu, a documents. But still, these should have all be focused on. And this administra- special menu for special people that never been disclosed in the first place. tion seems to be asleep at the wheel. get a special rug and a special skullcap This administration needs to find a And I just wonder if my colleague from and a special ziplock bag-delivered way to punish those involved and make Iowa might have any thoughts on that. Koran that is never touched by an infi- sure it never happens again. Mr. KING of Iowa. I thank the gen- del. Mr. FRANKS of Arizona. I guess, Mr. tleman from Arizona. And I reflect And they have as many as 20 attacks Speaker, I would like to agree with the upon a trip that I made down to Guan- on Americans a day at Guantanamo gentleman from Colorado because, you tanamo Bay I believe it was a year ago Bay. About half of them are physical know, many of us, including the gen- last Easter. And the trip was designed attacks, where they try to get one of tleman from Colorado, including the to fill me and a handful of other mem- our guards down, usually Navy per- gentleman from Iowa, were very vocif- bers on the Judiciary Committee in on sonnel, and get their handcuffed chains erous in saying that there would come the practices and the facilities that around their throat and try to strangle a time where it would be obvious to the they had at Guantanamo Bay. And I them, attack them with the metal world that these civilian trials think this is something that the Amer- that’s part of their restraints. And the wouldn’t work for enemy combatants ican people have not had an oppor- other half are throwing human feces in that are terrorists that were taken off tunity to witness or actually hear the face of our troops. What is the pun- the battlefield in Afghanistan or Iraq about within the news, that there is a ishment for that? If it happened to be or wherever it might be, because we facility that’s perfectly structured for a domestic prisoner in a domestic pris- knew that this would give al Qaeda and the job that we have, which is to bring on, if you continued with that you other terrorist groups a perfect oppor- these terrorists to a location and le- would find yourself in solitary confine- tunity, a staging ground, as it were, to gitimately try them and give some res- ment. And eventually, the punishment be able to manipulate our system. olution to their circumstances. would go to the point where you would Not only does it give them the abil- And I don’t remember the exact num- be locked up in prison for life. Eventu- ity to have discovery where they are ber of inmates that they had down ally. able to potentially undermine our secu- there at the time, but it was down to But what we do is nothing. There is rity apparatus and gain information the hard core of the hard core. They no penalty. If Khalid Sheikh Moham- that is critical to protecting our agents had already released those that could med attacks the guards every day, sev- in the field, but this also gives them be released. And the rest of them were eral times a day, the worst thing we the ability to claim all kinds of things a danger to Americans, a danger to free can do to him is cut his outdoor exer- before the world. And of course you people everywhere, and a danger if they cise down to 2 hours a day. Two hours know the security elements of it are were released to come back, and as Mr. a day outdoors. The rest of the time

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But it was verboten to rea’s blatant provocations would prob- like the rest of the world. bring a Bible into Guantanamo Bay be- ably be worth looking at here. Just to Mr. Speaker, I just have to say that, cause it would set the inmates off, the give you an example, in March of 2010 you know, weakness and passiveness is other inmates off who thought that a they were involved in the sinking of a provocative. It invites aggression, and Bible was an insult and affront to South Korean submarine. It killed 46 it is time that this administration and them. sailors. In November of 2010, U.N. Secu- the United States embark on one sin- And they were watching their flat rity Council reports revealed that gular goal for North Korea, and that is screen TV in their little break room, North Korea has been passing, as Mr. to see that North Korean Government and a lady came on to do a commercial, LAMBORN said, forbidden nuclear tech- fall and North Korea be reunited and and she had a short-sleeved shirt on nology to state sponsors of terror. I somehow, some semblance of freedom and showed her elbow. Showed her know Mr. LAMBORN mentioned the mis- come to that people and that this coun- elbow. I don’t get really all that sile technology, which is more recent, try, like many of its people, would like worked up over an elbow. But they got but also nuclear technology to spon- for it to be reunited with the world all worked up over the elbow and sors of terrorism, including Iran and community in a responsible way. trashed the room, tore up the fur- Syria. Of course the Syrian plant was To pursue a lot of diplomacy with niture, broke the flat screen TV, scat- almost a mirror image of the one in North Korea is wasted effort, and we tered it all. It was like a little riot in North Korea. And fortunately our should be pursuing now the effort to their little break room. What’s their friends in Israel were able to make sure see a North Korea and South Korea re- punishment for that? New furniture, that that one didn’t work so well any united under a free government like new flat screen TV. We coddle these more. And they did the world a great South Korea. prisoners. We don’t even have a punish- favor in that regard. Because nuclear I wonder if my friend from Colorado ment for those that attack our Amer- weapons in the hands of Iran or Syria would have any comments on that? ican guards. would be a great danger to the human Mr. LAMBORN. I thank the gen- And we set up the trial room so that family to say the very least. tleman from Arizona for yielding. there are microphones, a sound system, In November of 2010, North Korea I would like to say that this adminis- places for witnesses to sit, places for shelled the Yeonpyeong Island, a group tration has not done enough with family members to observe, a sound- of South Korean islands, and it claimed North Korea. Some good efforts have proof glass that’s there. And when it been made, but much more needs to be gets down to the critical component of the lives of two South Korean marines. Two civilians I believe were also killed. done and much more needs to be done the testimony, we have an officer that with Iran. is assigned with the job to cut off the It wounded somewhere around 15 ma- rines and three other civilians. And of I am particularly appalled that we testimony until such time as the wit- did nothing in the last year, when the nesses that don’t have access to classi- course this administration, while they have some shows of resolve here lately, Green Revolution started, when the fied are marched out of the witness fraudulent election took place, chamber, and they pick up the testi- a lot of these things have occurred be- Ahmadinejad was reelected as Presi- mony. cause they have stood by and let North This facility is laid out for the pur- Korea get away with this so long. And dent. There was rampant fraud poses of trying people where national really in a sense North Korea some- throughout the country. It was obvious security is an issue. And if we had been times does this to get attention, and to any observer, and the people of Iran trying the individual you talked about, they have no respect for innocent were offended and resented that and they rebelled and took to the streets. Mr. LAMBORN, I believe he would have human life. So blowing up a few people been convicted in Guantanamo Bay. to try to get one of the Democrat ad- We did nothing to support them. That would have been, and maybe Because the evidence that was nec- ministrations to give them more still is, the best way possible to over- essary to convict him would have been money is something that they don’t used rather than held back for fear hesitate to do. And they have done this throw this murderous regime in that it becomes a spillage of a national on a regular basis. Tehran. But we are doing nothing to secret that becomes the subject here of The U.S., Mr. Speaker, must move to help the opposition. That type of lack of effort, I don’t the WikiLeaks. re-list North Korea as a state sponsor So those are things that go across my of terrorism and call on all responsible understand it. It’s our best shot at free- mind. We have got to do a lot more. We nations to adopt tough new sanctions ing the people of Iran so that they can have got to be a lot smarter about this. on the North Korean regime. The become more democratic and peace What would be very helpful is if we had North Korean regime will collapse on loving. There are many pro-Western a Commander in Chief who was making itself if China and other countries in Iranians, especially young people. the ask of this Congress rather than us the world do not continue to prop them Some of them have been to the West, trying to push that chain uphill, hav- up. and they like the West. And yet we are doing nothing to support those in oppo- ing a President that would actually be b 2120 pulling it in that right direction. I sition to this government. yield back. China should be especially called And to find out from WikiLeaks, to Mr. FRANKS of Arizona. Thank you, upon to stop enabling this regime and have the confirmation that 19 inter- Mr. KING. You know, I suppose that to join responsible nations in sending mediate range missiles that could go as there are a lot of different issues we an unequivocal message to North far as Moscow or Western Europe have could talk about with the WikiLeaks Korea, abandon your aggressive agenda been sent from North Korea to Iran, situation here. But I would point out now. And, of course, you know it and that we know Iran is working on a that probably one of the big things shouldn’t come as a surprise to us, but nuclear weapon at the same time to that it showed is that just our appease- China’s objections kept us from seeing put on these missiles, there is no ques- ment toward our enemies. And I think a U.N. Security Council report reveal- tion about that, this is unacceptable. probably one of the most dangerous ing that North Korea has been passing This should not be happening. We areas there has been is just the passive banned technology to nations like should not be allowing North Korea to nature that this administration has Syria and Iran, and they delayed that send deadly arms to countries like Iran shown toward North Korea. for 6 months. or Syria. Rumors have it that they North Korea is one of the most dan- In other words, because of China, be- want to do the same with Burma or gerous police states in the world. And cause of their commitment to delay Venezuela. We have to not let North

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I’m holding my judgment until next You know, sometimes I think we are They have demonstrated their intent year when we have some reconciliation unaware as a people—and certainly very clearly, and this administration meeting that takes place. this administration seems oblivious— seems willing to allow them to have I’m very interested in the comment to how serious a nuclear Iran, what a the capacity to carry out that intent. that you have made, the shadow of nu- serious danger to the peace of the en- Mr. Speaker, let me just, while I am clear terrorism, that comment. When tire human family that would rep- walking by the neighborhood, remind we think about this as Americans, resent. this administration that Iran has done watching this world, this Western civ- But just for a moment, let’s consider military exercises that appear to every ilization world falling under the shad- that for a moment. You know, the reasonable military analyst to be prep- ow of nuclear terrorism, if we think Ahmadinejad government, the govern- aration for an EMP attack against this worrying about some jet airliners being ment of the mullahs and Ahmadinejad country or some other enemy that they flown into the Twin Towers or into the there, have, through their very brazen, might have. Pentagon just down the road a little open statements, have condemned Mr. Speaker, I think that this admin- ways or off into the field in Pennsyl- Israel, have condemned the United istration seems woefully unprepared or vania, what that did to this country, States and threatened both of our even unaware of how serious an elec- how it shook up this country, how it countries in very specific terms, want- tromagnetic pulse or a high altitude immobilized our financial markets and ing to see Israel wiped off the map and nuclear blast to create an electro- our daily lives, right down to football the United States be ended as a world magnetic pulse could be to this coun- games and weddings were brought to power and to see us completely brought try. Mr. Speaker, if Iran gains a nu- an immediate halt, even though it was to our knees. clear capability it will give them the more than 1,000 miles away, nearly I mean, it’s hard to even, to repeat asymmetric capability to, in fact, 2,000 miles away to get to the other some of the things that this Iranian ad- launch an EMP attack against this side of the continent, they stopped ministration has said about America. country, and that could cripple our in- their football games there, too. They And it’s very clear what their intent is, frastructure. It could cause an almost stopped their weddings there, too. And and there are two elements to every inarticulable damage to this country. I suppose they stopped some funerals threat, Mr. Speaker, when it comes to The EMP Commission says a major for a while. That’s how much it dev- national security. One is the intent of EMP attack on this country could be astated this country. And I thought a potential enemy and the second one the one thing that could defeat the that we really should have looked at is the capacity of that enemy to carry U.S. military. It could see more than 60 those crises on September 11, 2001 and through with their threats. percent of the population of the United said it’s not going to break our stride. And if we have not understood by States unsustainable. I don’t know how We’re going to keep our pace. We’re now the intent of jihad, the intent of you wrap your mind around a number going to go forward, and we’re going to state sponsors of terrorism like Iran, like that. live, and we’re going to live while we then we are not listening very well, Mr. But, yet, that is the path that we are adapt to the new threat that has come Speaker. The intent is clear. Iran on with this administration continuing upon us. would see America destroyed tomorrow to allow Iran to gain nuclear weapons. But this new threat that’s out there if they could. Now, not the Iranian peo- And I would just call upon the Senate, now that hangs over our head, the ple, but the Iranian Government, as it Mr. Speaker, tonight on this floor, to shadow of nuclear terrorism that hangs stands now, would see America in ashes pass the grid bill that we passed out of over our head out of North Korea, who if they could. this body some time ago to begin to is completely belligerent today, and So the idea of allowing them to gain protect our electric infrastructure out of Iran as well. nuclear capability seems to be just as- from either geomagnetic storms or And I will tell you, Mr. Speaker, that tonishing beyond words to me, Mr. from a high altitude electromagnetic I wasn’t very happy with the job that Speaker. I mean, this administration pulse from a nuclear weapon that could was done by then-Commander in Chief seems to have embraced some sort of a be launched against us like Iran. Bill Clinton on each of these issues but surreptitious policy of allowing Iran to This administration has paid no at- primarily with Korea. I thought that gain nuclear weapons and then pur- tention to that, and yet it represents a he was too soft, too tepid, not bold suing the traditional idea of contain- very real, very credible threat against enough, and I looked through that and ment, like we have in other situations the United States, and it is the ideal I thought North Korea will march with the Soviet Union. asymmetric weapon for terrorists, and through his path and they’ll become a But that won’t work with a jihadist they know it. We have discovered their nuclear power and nothing is going to government. Because when we were writings. They understand that and yet stop them because we are not bold, dealing with the Soviet Union, we put we stand by, and this administration we’re not strong enough, and we didn’t our security, in a sense, in their sanity. embraces the notion that we can allow show the resolve necessary to cause We knew that they wanted to survive a jihadist, terrorist state like Iran to them to back up and back off, North and we had the capability to respond in gain the world’s most dangerous weap- Korea. Also true with Iran. such an overwhelming way that they ons and to be able to potentially And as I watched President Bush, were deterred from attacking America. launch against this country an attack Bush 43, come into office, I was hopeful But when it comes to the jihadist that could be absolutely devastating to there would be a bolder position with mindset, Mr. Speaker, that is no longer our civilization. regard to our posture towards North a strategy that can be embraced. I just continue to be astonished that Korea and towards Iran. And I can re- Let me just say, Mr. Speaker, if Iran this administration has forsaken its member serving here in this Congress gains a nuclear capability, if they gain number one constitutional duty in through some of those years. And I nuclear weapons, this world will step making sure that the protection of the watched how the political handcuffs into the shadow of nuclear terrorism. citizens of this country and the na- were put on George W. Bush in such a Terrorists will have these weapons and, tional security of this country are job way that he didn’t have the political Mr. Speaker, I can’t express to you the one. support to use the bold actions that I danger that that will represent and the believe might have been necessary then change that it will represent to all of b 2130 to avert the nuclear power that has us in the free world and, really, And I really don’t know what to add materialized in North Korea nor the throughout the planet. to that except maybe to ask my friend impending nuclear power that appears

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.162 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7748 CONGRESSIONAL RECORD — HOUSE November 30, 2010 to be materializing in Iran. I don’t They knew it was inevitable, but they to be able to get away with creating a think that George Bush was able to were not and are not happy. And, yes, nuclear capability. utilize those tools. I don’t know if he there are attempts to contain Iran But, Mr. Speaker, it’s astonishing had the will. I believe he did. I believe with a theater defense, and that’s good that this administration betrayed the he had the judgment, but I don’t think as far as it goes. But theater defense people of Poland, betrayed the people he had the political tools because this for missiles against missiles is not the of the Czech Republic. When we had Congress was so lined up against same as defense against interconti- made promises to them, we did every- George Bush, there were so many de- nental ballistic missiles. And that’s thing we could to reach out to them to bates that emerged from over on this what we would have had with the have courage to stand with America in side of the aisle that attacked the ground based interceptors in Poland. this endeavor, and then our own ad- President, the Commander in Chief, So, yes, I do like that we will have ministration pulls the plug and betrays and undermined our military when Aegis ships with theater missile de- them. And now it makes it very dif- they were in the field where lives were fense missiles on them in places around ficult for other allies to express that being sacrificed for our liberty, 44 votes Iran. I’m troubled by the role of Tur- same kind of courage. forced by this Speaker of the House key. I think they are not as stable of Of course the phased adaptive ap- that were designed to unfund, an ally as they once were under their proach is a name that we put on. It’s a underfund or undermine our troops. current leadership. And I’m not sure good name. There’s nothing wrong with And all of that was designed to expand they’re very dependable these days. I the name. Some of our military leaders their political power and diminish the hope they become more so. But Iran is understand that there are many, as Mr. power of the Commander in Chief. developing threats that will go beyond LAMBORN said, many important aspects While that was going on, North Korea our theater defenses faster than we will to the phased adaptive approach. The was furiously building a nuclear capa- have intercontinental protection in irony is that the Bush administration bility, Iran was building a nuclear ca- place. So they will be able to go beyond was pursuing the phased adaptive ap- pability, and one thing that did happen our theater defenses before we have proach long before the Obama adminis- very good, and many of them did hap- intercontinental defenses. So their tration ever even understood that pen good under George Bush, was he threat is emerging faster than our de- there was such a thing. And these began the process to establish the mis- fenses will be put into place. things were on the books, and all the siles in Poland and the radar in Czecho- And that is what concerns me about Obama administration really did was slovakia and he had it set up to go to the phased adaptive approach, which is to cancel the third site and unfortu- protect Western Europe and eventually the theater defense in the alternative nately then make it clear that we America from missiles coming out of to the third site that would have been would not have redundant capability to Iran, and what happened? We elected a in Poland. And I yield back to the gen- interdict any ICBMs or long-range mis- new President, one who I don’t think tleman from Arizona, who is an expert siles that Iran could place a nuclear has an understanding of this geo- on these issues weapon on because we simply would political chess game that’s going on Mr. FRANKS of Arizona. Well, I not be able to do it in time. Our Aegis with our national security and the des- think the gentleman is absolutely cor- capability is a wonderful capability, tiny of all humanity, who did what? rect, not that I’m an expert, but that Mr. Speaker. But the present Aegis ca- Pulled the missiles out of Poland, the your points are absolutely correct. pability does not have the capacity or radar out of Czechoslovakia, and the I would say that it’s important to re- the speed to shoot down ICBMs, unless headlines in the Warsaw paper said alize that the European site was not they’re in a perfect spot, which is a ‘‘betrayed.’’ Betrayed. And I believe only a redundant protection to the very rare occurrence. And I would just that that was the largest and most co- United States from potentially ICBMs suggest to you that this administra- lossal foreign policy mistake made by coming from Iran, but it was also tion, once again, has placed their ideo- the Obama administration that something that could have calculated logical commitment to the left above emboldened not just Iran to accelerate or factored into the calculus of Iran in national security. their nuclear endeavors but moving towards developing nuclear ca- pability in the first place, because in a emboldened North Korea as well to go b 2140 to the point of shelling the island in sense, Mr. Speaker, missile defense is South Korea because they know or the last line of defense against an in- You know, there may be some day they believe, and I actually think they coming missile. And I think everyone when we wished we had these days know, this President doesn’t have the can understand that basic equation. back again. With all of the challenges resolve to do the confrontation nec- But it’s also the first line of defense we face, it seems like the administra- essary to protect our liberty. against nuclear proliferation. Because tion forgets its first responsibility, its So we live now under the shadow of a a rogue state like Iran knows that they first constitutional duty of defending nuclear terrorism that is emerging. face great challenges and great dangers the citizens and the national security And I would just ask this question, by pursuing nuclear weapons because of this country. It shouldn’t surprise us does this Nation have the capability they realize that their neighbors un- that they forget the idea of property and the will to shut off that capability, derstand the aggressive nature of that rights, and it shouldn’t surprise us that that building capability in Iran and in rogue state of Iran and can’t abide they forget the idea of protecting the North Korea? If we do, we have a them having nuclear weapons, and they rights of innocent, unborn children. strong position to negotiate from. If we realize that could potentially invite And it shouldn’t surprise us that they do not, we need to achieve that ability some type of preemptive attack. But are willing to put people on the courts and negotiate from a strong position. they continue to do that because they that have no respect for the Constitu- There is more I would say, but I yield understand the strategic advantage tion. And it shouldn’t surprise us that back to the gentleman the Arizona. that they would gain to threaten their somehow the foundations of the Na- Mr. FRANKS of Arizona. I thank the neighbors would be overwhelming. tion, the right to live and be free and gentleman. I would like to yield to the But if indeed, Mr. Speaker, we could pursue our dreams, is subordinated to gentleman from Colorado. have been in a place in Poland to be the notion that we want to build a Mr. LAMBORN. I thank the gen- able to intercept or knock down any large State. Those things shouldn’t tleman, Representative TRENT FRANKS missiles coming toward our allies in surprise us. But if this administration from Arizona, and I thank STEVE KING Europe or the United States, it could continues to go in the direction it is for making some good points about have demonstrated to Iran that they going, Mr. Speaker, I am afraid that we Iran and the mistakes made by this ad- would not have gained any strategic will all wish we had these days back ministration in canceling the third advantage by continuing forward, and again when we could have prevented site. And I was with the group that it may some day in the history books some great tragedies that may befall went and talked to the people in War- be written that that is where we lost us because of the ideological commit- saw and Prague, and they were not the battle because that is maybe where ment of this administration to weaken happy. They put the best face on it. Iran began to see that they were going America.

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.164 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7749 I wonder if my good friend, the gen- because this is December 8, 2008. These sits quietly and does nothing to pass tleman from Texas (Mr. GOHMERT) has guys were ready to plead guilty. They the GRID bill passed in the House of any comments along those lines. were ready to be put to death. They Representatives, these are very, very Mr. GOHMERT. I have the same con- had already proclaimed, as Khalid important things, Mr. Speaker. I just cerns my good friend from Arizona has. Sheikh Mohammed did, as well as au- hope somehow this administration re- As has been discussed here, people thorized by the other four, they were alizes that their first purpose and their around the world, nations around the ready to plead guilty and take their first responsibility to God, country, world watch everything we do to deter- punishment. Oh, no. The strong leaders and their fellow human beings is to mine are we serious about providing for in this administration came in and protect the lives and constitutional a defense for America. Are we serious said, whoa, whoa, not so fast. We want rights of the citizens of the United about providing a defense for our allies. to give you a show trial in New York States. Are we serious about standing up City, cost ourselves billions of dollars, Mr. Speaker, I hope that happens. against rogue nations, against attacks put New Yorkers at risk so you can f on freedom and liberty. have a big show, and we can pound our I know there is some disagreement chest and talk about how civilized we GETTING BACK TO OUR among historians, but there are those are. CONSTITUTION who believe that when the Secretary of What civilized nation would not pro- The SPEAKER pro tempore. Under State 60 years ago gave a speech which tect itself so it can remain civilized in- the Speaker’s announced policy of Jan- in essence indicated that Korea was stead of being overtaken by barbar- uary 6, 2009, the gentleman from Texas really outside our sphere of influence, ians? The civilized thing to do is to (Mr. GOHMERT) is recognized for 60 min- North Korea had been massing and protect the civilized people that put utes. they had been preparing, but it hap- you in office. But that is not what this Mr. GOHMERT. Mr. Speaker, I have pened that they began moving south administration did. They came in and so much respect and abiding love and after that speech. People notice when basically said, you know what, hold off appreciation for my dear friend from there is a weakness evidenced in Amer- on that guilty plea. Once these guys Arizona, as well as my friend from Col- ica’s leadership, and often it leads to heard they were going to get a show orado and my friend who was here ear- acts of violence. trial, well for heaven’s sake, they TEVE Do you think it was any accident lier from Iowa, my dear friend S that the flotilla went against the pulled back on their guilty pleas and KING. Congressman KING and I were Israeli blockade of Gaza where thou- here 2 years later, 2 full years later, down in Guantanamo together, and I sands of rockets had flown into Israel, this administration has now announced heard him earlier talking about pulling destroying, killing, terrorizing Israelis. basically that we are not sure when we back the privileges and punishing as- We agreed originally that the blockade are going to get around to bringing saults at Guantanamo Bay against our was necessary because of all of the them to trial. We are not sure where own servicemembers. death and destruction. Was it any acci- we are going to try them. It has shown b 2150 weakness in leadership. dent that the flotilla ends up setting I did recall something that he may sail to try to at least challenge that I just remind my friend, and I know he knows the quote from John Stuart not have recalled. There is another se- blockade after this White House snubs vere form of punishment when such an the prime minister of Israel, treats Mill, who said in the 1800s: ‘‘War is an ugly thing, but not the ugliest of assault is committed on our guards at them worse than Chavez or some Third Guantanamo, which apparently is pret- World dictator, treats them so shab- things. The decayed and degraded state of moral and patriotic feeling which ty customary down there, of throwing bily, and begins to side with Israel’s urine or feces on our guards. They have enemies, like in May voting with thinks that nothing is worth war is to come up with creative ways to do Israel’s enemies to make them disclose much worse. The person who has noth- that, and do so. all of their weaponry. I mean, was it ing for which he is willing to fight, One of the other ways—and it’s the any accident that is when those who nothing which is more important than only other way in addition to taking want to challenge Israel’s very exist- his own personal safety, is a miserable some of their outdoor exercise time ence sent the flotilla south? I don’t creature and has no chance of being down to 2 hours. The other thing that think so. free unless made and kept so by the ex- When it comes to strong leadership ertions of better men than himself.’’ they have been known to do in order to that protects America, I mean, my Mr. FRANKS of Arizona. Mr. Speak- really punish them, to actually torture friends have been discussing this issue er, it is kind hard to top that. The mes- them, is to take away some of their of Guantanamo. I know that you would sage I was hoping that could be relayed movie-watching time during the day. be as delighted as I was to read the more than anything else is that there It’s just devastating, you know, to the headline, ‘‘5 Charged in 9/11 Attacks has been a general lackadaisical, Guantanamo detainees to have some of Seek to Plead Guilty.’’ A New York asleep-at-the-wheel, detached perspec- their movie-watching privileges taken Times article, Guantanamo Bay, Cuba: tive of this administration when it away because they threw feces or urine ‘‘The five Guantanamo detainees comes to national security. And unfor- on one of our gallant servicemen or charged with coordinating the Sep- tunately, we live in a 9/11 world where -women. You’ve got to take away some tember 11 attacks told a military judge there are those out there who don’t of their movie-watching. It really on Monday that they wanted to confess hold to the ideals of freedom and pro- teaches them a lesson. It just shows in full, a move that seemed to chal- tecting innocent life, like has been the them we’re not going to be messed lenge the government to put them to ideal of America. This administration with. If you mess with us, you won’t death. At the start of what had been is continuing down this path. get to watch as many movies today as listed as routine proceedings Monday, Mr. Speaker, I don’t want to have to you would have otherwise. We’ll show Judge Henry said he had received a come to this floor in future days and ’em. written statement from the five men have to decry what we failed to do. I I was also hearing on the news today dated November 4 saying they planned think there is still time for this admin- that Uyghurs, Chinese Muslims who to stop filing legal motions and to ‘an- istration to wake up and realize that have been transferred out of Guanta- nounce our confessions to plea in full’. allowing Iran to gain nuclear weapons, namo, had given interviews, indicating, Speaking in what has become a famil- allowing North Korea to proliferate nu- actually, they were a lot better treated iar high-pitched tone in the cavernous clear capability, missile capability in Guantanamo than they were at courtroom here, the most prominent of throughout the world, allowing terror- home in China. So, despite the way the five, Khalid Sheikh Mohammed ists to use the forms of liberty to de- some people have tried to characterize said, ‘We don’t want to waste our time stroy liberty itself in our civilian the prison in Guantanamo, it is not with motions.’ ’’ That was what they courts, allowing the potential of ter- quite as bad—in fact, not by a long said. rorists to gain control of an EMP capa- shot. It provides better living condi- This administration, unfortunately, bility that could threaten our whole tions than many of these people have came in after, just a month after this society, standing by while the Senate ever had in their lives.

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.166 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7750 CONGRESSIONAL RECORD — HOUSE November 30, 2010 Then again, some of them wanted to was busily arguing that this revelation The policy implications of all this are blow themselves up, and they haven’t is not a crisis, the North fired an clear. had that opportunity down there. So, if unprovoked artillery barrage at South ‘‘The U.S. should destroy Iran’s nu- their version of a great, abundant life Korea, demonstrating that, actually, it clear installations and help the Iranian is to blow themselves up and to kill a is a crisis. people overthrow the regime, but the lot of innocent people, then, yes, they ‘‘But the Obama administration re- Obama administration will have none have not had that kind of abundant life mains unmoved. On Tuesday, Defense of it. of blowing themselves up and killing Secretary Robert Gates thanked his ‘‘Earlier this month, Gates said, ‘If innocent people in Guantanamo Bay. South Korean counterpart, Kim Tae- it’s military solution, as far as I’m con- But the messages that are coming young, for showing ‘restraint.’ cerned, it will bring together a divided out of this administration are particu- ‘‘On Thursday, Kim resigned in dis- nation.’ larly worrisome. When our own en- grace for that restraint. ‘‘So in his view, the Iranian people, emies perceive weakness in the Presi- ‘‘The U.S. has spoken strongly of not who risk death to defy the regime dent of this country or his administra- allowing North Korea’s aggression to every day, the Iranian people who re- tion, it propels them into action. It go unanswered. But in practice, its vile Ahmadinejad as ‘the chimpanzee’ propels them into actions that harm only answer is to try to tempt North and call for Khamenei’s death from the United States that they would oth- Korea back to feckless multilateral their rooftops every evening, will rally erwise be afraid to move forward with. disarmament talks that will go no- around the chimp and the dictator if In fact, when one thinks about Presi- where because China supports North the U.S. or Israel attacks Iran’s nu- dent Bush, with support from Demo- Korean armament. Contrary to what clear installations.’’ crats and Republicans alike, going into Obama and his advisers claim, China Continuing with Caroline Glick’s ar- Iraq, one of the things that came out of does not share the U.S.’s interest in ticle, she says, ‘‘Due to this thinking, that was a country teetering once denuclearizing North Korea. Con- as far as the Obama administration is again on the edge of nuclear prolifera- sequently, Beijing will not lift a finger concerned the U.S. should stick to its tion, a nuclear program going forward. to achieve that goal. failed sanctions policy and continue its When President Bush ordered our ‘‘Then there is Iran. The now inargu- failed attempts to cut a nuclear deal troops into Iraq, the potential ter- able fact that Pyongyang is developing with the mullahs. rorist-harboring state of Libya real- nuclear weapons with enriched ura- ‘‘As Michael Ledeen noted last week ized, uh-oh, this President is quite seri- nium makes it all but certain that the at Pajamas Media, this boilerplate as- ous. He is willing to commit American hyperactive proliferators in Pyongyang sertion, backed by no evidence whatso- troops into harm’s way to take out a are involved in Iran’s uranium-based ever, is what passes for strategic wis- ruthless leader who at least says he nuclear weapons program. Obviously, dom in Washington as Iran completes supports terrorism and supports the North Koreans don’t care that the its nuclear project. And this U.S. re- threatening the United States. ‘‘Maybe U.N. Security Council placed sanctions fusal to understand the policy implica- I’d better cancel our nuclear program on Iran. And their presumptive role in tions of popular rejection of the regime and make peace with the United Iran’s nuclear weapons program ex- is what brings State Department wise States.’’ poses the idiocy of the concept that men and women to the conclusion that One of the byproducts of the invasion these sanctions can block Iran’s path the U.S. has no dog in this fight. As of Iraq was a message that, at that to a nuclear arsenal. State Department spokesman P.J. time at least, there was a President ‘‘Every day, as the regime in Crowley told The Wall Street Journal who would step up and who was not Pyongyang and Teheran escalate their this week, the Parliament’s bid to im- afraid to take action when someone aggression and confrontational peach Ahmadinejad was nothing more continued to try to threaten the stances, it becomes more and more than the product of ‘rivalries within United States. clear that the only way to neutralize the Iranian Government.’ A friend who publishes in the Jeru- the threats they pose to international ‘‘Then there is Lebanon. Since salem Post—and I’ve had the oppor- security is to overthrow them. At least Ahmadinejad’s visit last month, it is tunity, honor and privilege to read in the case of Iran, it is also clear that obvious that Iran is now the ruler of some of Caroline Glick’s writing here the prospects for regime change have Lebanon and that it exerts its author- on the House floor before—has great in- never been better. ity over the country through its sight so often into areas of foreign pol- ‘‘Iran’s regime is in trouble. Since Hizbullah proxy. icy, not only with regard to Israel but the fraudulent Presidential elections 17 ‘‘Hizbullah’s open threats to over- with regard to the United States and months ago, the regime has moved fe- throw Prime Minister Saad Hariri’s our place in international stability rociously against its domestic foes. government if Hizbullah’s role in assas- when we do show that we can and will ‘‘But dissent has only grown. And as sinating his father in 2005 is officially be strong. There was an article that popular resentment towards the regime acknowledged just make this tragic re- was published in the Jerusalem Post, has grown, the likes of President ality more undeniable. And yet, the written by Caroline Glick on November Mahmoud Ahmadinejad, supreme dic- Obama administration continues to 26, 2010. Caroline’s perspective and the tator Ali Khamenei and their Revolu- deny that Iran controls Lebanon. things she has to say, I think, are im- tionary Guards have become terrified ‘‘A month after Ahmadinejad’s visit, portant enough to read into our of their own people. They have impris- Obama convinced the lame duck Con- RECORD, Mr. Speaker, for anyone who oned rappers and outlawed Western gress to lift its hold on $100 million in may not otherwise have been privy to music. They have purged their school- U.S. military assistance to the her observations. This is her article. books of Persian history. Everything Hizbullah-dominated Lebanese mili- It begins, ‘‘Crises are exploding that smacks of anything non-Islamic is tary. And the U.S. convinced Israel to throughout the world. And the leader viewed as a threat. relinquish the northern half of the bor- of the free world is making things ‘‘Members of the regime are so der town of Ghajar to U.N. forces de- worse.’’ I’m quoting from Caroline frightened by the public that, this spite the fact that the U.N. forces are Glick. week, several members of parliament at Hizbullah’s mercy. ‘‘On the Korean Peninsula, North tried to begin impeachment pro- ‘‘In the midst of all these crises, Korea just upended 8 years of State De- ceedings against Ahmadinejad. Appar- Obama has maintained faith with his partment obfuscation by showing a ently, they hope that ousting him will two central foreign policy goals: forc- team of U.S. nuclear scientists its col- be sufficient to end the public’s call for ing Israel to withdraw to the indefen- lection of thousands of state-of-the-art revolutionary change. sible 1949 armistice lines and scaling centrifuges installed in its Yongbyon back the U.S. nuclear arsenal with an nuclear reactor. b 2200 eye towards unilateral disarmament. ‘‘And just to top off the show, as Ste- But Khamenei is standing by his That is, as the forces of mayhem and phen Bosworth, U.S. President Barack man, and the impeachment proceedings war escalate their threats and aggres- Obama’s point man on North Korea, have ended as quickly as they began. sion, Obama’s central goals remain

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.168 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7751 weakening the U.S.’s most powerful re- ‘‘The President has two ways to shift That was as published in the Jeru- gional ally in the Middle East and ren- the ship of state. First, he can use his salem Post posted November 26, 2010. dering the U.S. incompetent to deter or bully pulpit. Second, he can appoint Interesting. defeat rapidly proliferating rogue people to key positions in the foreign It is quite disconcerting when we re- states that are at war with the U.S. policy bureaucracy. alized that this administration is send- and its allies. ‘‘Since entering office, Obama has ing out signals we won’t stand by our ‘‘Having said that, the truth is that used both these powers to ill effect. He friends and thinking that if we send a in advancing these goals, Obama is not has traveled across the world con- message out that we will embrace out of step with his predecessors. demning and apologizing for U.S. world those who want to destroy our way of George H.W. Bush and Bill Clinton leadership. In so doing, he has con- life, destroy our country and have both enacted drastic cuts in the U.S. vinced ally and adversary alike that he pledged to do so; if we just show that conventional and nonconventional ar- is not a credible leader; that no one can we’re willing to be compassionate, senals. Clinton and George W. Bush depend on U.S. security guarantees they’ll be deeply moved and they’ll adopted appeasement policies towards during his watch; and that it is pos- come around to our side. Hardly. North Korea. Indeed, Pyongyang owes sible to attack the U.S., its allies and History teaches us very clearly that its nuclear arsenal to both Presidents’ interests with impunity. when people who despise another na- desire to be deceived and do nothing. ‘‘Obama’s call for a nuclear-free tion get messages that that nation ‘‘Moreover, North Korea’s ability to world combined with his aggressive they despise is weak or will not defend proliferate nuclear weapons to the stance toward Israel’s purported nu- itself, then they are provoked to action likes of Iran, Syria and Venezuela owes clear arsenal, his bid to disarm the to destroy it, to take it over. Now, in large part to then-Secretary of State U.S. nuclear arsenal, and his ineffec- hopefully we’re a long way from that Condoleezza Rice’s insistence that tive response to North Korea’s nuclear happening because there are enough Israel say nothing about North Korea’s brinksmanship and Iran’s nuclear people here in Washington that believe nuclear ties to Iran and Syria in the project have served to convince nations that strength and a showing of wake of Israel’s destruction of the from the Persian Gulf to South Amer- strength and a showing of willingness North Korean-built and Iranian-fi- ica to the Pacific Rim that they should to do what it takes to keep our oath to nanced nuclear reactor in Syria in Sep- begin developing nuclear weapons. By provide for the common defense of this country, that that is what keeps us at tember 2007. calling for nuclear disarmament, he ‘‘As for Iran, Obama’s attempt to ap- has provoked the greatest wave of nu- peace, that is what helps prevent wars. pease the regime is a little different clear armament in history. I believe it was Reagan who used to from his predecessors’ policies. The ‘‘Given his own convictions, it is no talk about no one was ever attacked Bush administration refused to con- surprise that all his key foreign policy because people believed they were too strong. They attack because they front the fact that the wars in Afghani- appointments share his dangerous think there is a weakness they can stan and Iraq are to a large degree Ira- views. The State Department’s legal advisor, Harold Koh, believes the U.S. take advantage of. nian proxy wars. That’s why after we pulled out of ‘‘The Bush administration refused to should subordinate its laws to an ab- Vietnam and that footage remains acknowledge that Syria and Hizbullah stract and largely unfounded notion of being shown to Muslims in an attempt are run by Teheran and that the 2006 international law. Undersecretary of to radicalize them, see, America flees war against Israel was nothing more Defense for Policy, Michele Flournoy, believes terrorists become radicalized in the face of danger. See what hap- than an expansion of the proxy wars because they are poor. She is advised pened in 1983 after the Marine barracks Iran is running in Iraq and Afghani- by leftist extremist Rosa Brooks. At- was blown up and nearly 300 Marines stan. were killed? They left Beirut. See what ‘‘Obama’s failed ‘reset’ policy to- torney General Eric Holder has decided to open criminal investigations against happened back in 1979 when an act of wards Russia is also little different CIA operatives who interrogated ter- international law, what international from his predecessors’ policies. law would say was an act of war, Amer- ‘‘Bush did nothing but squawk after rorists and to try illegal enemy com- ican soil was attacked when our em- Russia invaded U.S. ally Georgia. The batants in civilian courts. ‘‘In all these cases and countless oth- bassy was attacked, hostages taken. Clinton administration set the stage ers, Obama’s senior appointees are im- We did nothing but beg for Tehran to for Vladimir Putin’s KGB state by plementing policies that are even more let them go for over a year. That was squandering the U.S.’s massive influ- radical and dangerous than the radical another sign of weakness. ence over post-Soviet Russia and allow- and dangerous policies of the Wash- When another act of war on the USS ing Boris Yeltsin and his cronies to ington policy establishment. Cole was committed, we responded by transform the country into an impov- lobbing some rockets doing virtually b 2210 erished kleptocracy. no damage to people who were at war ‘‘Finally, Obama’s obsession with Not only are they weakening the U.S. with us. Israel land giveaways to the PLO were and its allies, they are demoralizing So what are our enemies who want to shared by Clinton and by the younger public servants who are dedicated to see the United States destroyed, who Bush, particularly after 2006. Rice, who defending their country by signaling have sworn to destroy this country and compared Israel to the Jim Crow clearly that the Obama administration our way of life, what are they to think South, was arguably as hostile toward will leave them high and dry in a cri- when repeatedly we show weakness and Israel as Obama. sis. we show that those who have nothing ‘‘So is Obama really worse than ev- ‘‘When a Republican occupies the but hate, disdain, and contempt for eryone else or is he just the latest in White House, his foreign policies are this country will be met with a warm the line of U.S. Presidents who have no routinely criticized and constrained by embrace? What are they to think but idea how to run an effective foreign the liberal media. Radical Democratic to have more contempt for this coun- policy? The short answer is that he is Presidents like Woodrow Wilson have try? far worse than his predecessors. seen their foreign policies reined in by Now Caroline Glick mentions inter- ‘‘A U.S. President’s maneuver room Republican congresses. national law and that this President is in foreign affairs is always very small. ‘‘Given the threats Obama’s radical advised by people who believe the U.S. The foreign policy establishment in policies are provoking, it can only be should subordinate its laws to an ab- Washington is entrenched and uni- hoped that through hearings and other stract and largely unfounded notion of formly opposed to bending to the will means, the Republicans in the Senate international law. I took a course in of elected leaders. The elites in the and the House of Representatives will international law at Baylor Law State Department and the CIA and take an active role in curbing his poli- School under a visiting professor from their cronies in academia and policy cies. If they are successful, the Amer- Japan. I did a research paper. Got an A circles in Washington are also consist- ican people and the international com- on it by the dean of a Japanese law ently unmoved by reality, which as a munity will owe them a debt of grati- school who was visiting Baylor for that rule exposes their policies as ruinous. tude.’’ year.

VerDate Mar 15 2010 06:40 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.170 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7752 CONGRESSIONAL RECORD — HOUSE November 30, 2010 And in having a conversation with will not debate that. Maybe we’re not. move to America, or intending to send him after the course was over, I said, But I know how the Nation was found- their young people to seek their for- For all of the reading we’ve done, all of ed, and I know enough history. And tune in this land of opportunity, Ben the studying, the discussion, the de- there are so many wonderful books. Franklin wrote the following: ‘‘Hence, bate, I come back to the conclusion This is another one by William bad examples to youth are more rare in that basically in short international Federer, America’s God and Country. America, which must be a comfortable law is whatever the strongest nation And I have read all of the things that consideration to parents. To this may around says it is. And he says in es- I am about to enter into here in dif- be truly added, that serious religion, sence, you have learned from this ferent areas as I studied history, was a under its various denominations, is not course well. That’s exactly right. Inter- history hanger major at Texas A&M. only tolerated, but respected and prac- national law is whatever the strongest But Federer has put these together ticed.’’ Ben Franklin went on to say, nation around says it is. succinctly to help illuminate how we ‘‘Atheism is unknown there,’’ talking And yet in response to attacks, got started. about America, ‘‘infidelity rare and se- threatened attacks, threatened efforts So in going back to July of 1776— cret; so that persons may live to a to destroy our way of life, what we hopefully most people in America great age in that country without hav- have seen is an effort to bow before would know July of 1776 is when the ing their piety shocked by meeting those who want to destroy us, those Declaration of Independence was with either an atheist or an infidel.’’ who are not our friends. signed, made public. Further with Ben Franklin’s quote, I filed in the three Congresses that I ‘‘And the Divine Being seems to have b 2220 have been in office here, and I will file manifested his approbation of the mu- in the fourth one next year, the U.N. But in July of 1776, Benjamin Frank- tual forbearance and kindness with Voting Accountability Act that says a lin was appointed part of a committee which the different sects treat each nation that votes against us more than to draft a seal for the newly United other; by the remarkable prosperity half the time in the U.N.—they’re sov- States which would characterize the with which he has been pleased to favor ereign nations; they can do what they spirit of the Nation. Now, this was not the whole country,’’ unquote from Ben want to. We’re not going to tell them adopted, but this was Benjamin Frank- Franklin. He was talking about the how they have to vote, but any nation lin’s proposal. He proposed, and this is sects, s-e-c-t-s, and denominations. that votes against our position more a quote, ‘‘Moses lifting up his wand and These were Christian denominations he than half the time will not get a dime dividing the Red Sea, and Pharaoh in was talking about. of financial assistance from this coun- his chariot overwhelmed with the wa- In a letter to Robert R. Livingston, try for the following year. As I said, ters. This motto: ‘Rebellion to tyrants 1784, Ben Franklin wrote this: ‘‘I am you don’t have to pay people to hate is obedience to God.’ ’’ That was Ben- now entering on my 78th year. If I live you. They’ll do it for free. And it’s still jamin Franklin’s proposal for our na- to see this peace concluded, I shall beg true. tional seal. leave to remind the Congress of their America, the United States of Amer- Of course what we ultimately had, promise, then to dismiss me. I shall be ica is truly the greatest nation in the going back to 1776, the Great Seal, two- happy to sing with old Simeon, ‘Now history of mankind. There are more sided seal, is reflected on the back of lettest thou thy servant depart in liberties and more freedoms in this every dollar bill. On the one side the peace, for mine eyes have seen thy sal- country than have ever been observed eagle with the ribbon through his vation.’ ’’ In another letter that Ben by the citizens of any country. As great mouth with the Latin words E Pluribus Franklin wrote, April 17, 1787, he said, as Solomon’s Israel was, it didn’t have Unum, meaning out of many, one. We ‘‘Only a virtuous people are capable of the liberties for the people that this come from all over the world, immi- freedom. As nations become corrupt Nation has. grants loving immigration, immigrants and vicious, they have more need of This is a nation that is supposed to coming from all over the world, come masters.’’ be governed by the people who, on here to the United States and become Then on June 28, 1787, Ben Franklin Election Day, go out and actually hire one. One in language, one in tradition, delivered a powerful speech to the Con- people to do their bidding for the sub- one in our history, one strong Amer- stitutional Convention, which was em- sequent years. For too long, not ican people. The intent was, back then broiled in a bitter debate over how enough people have come on hiring day as they came from all areas of the each State was to be represented in the to make sure that the best people got world, that there would be no hyphen- new government. The hostile feelings hired. For too long people have not ated Americans. created by the smaller States being studied the applications, the resumes, When you came here, whether it was pitted against the larger States was so done the interviews of those who are Europe, Africa, Asia, you came here, bitter that some delegates actually left seeking to be hired as the servants to you were no longer African, European, the convention. Ben Franklin, being go do their bidding as the people are Asian, South American, you were the president (governor) of Pennsyl- the government. American. You were brothers and sis- vania, hosted the rest of the 55 dele- And so as the old adage goes, democ- ters together in this land. And al- gates attending the convention. Being racy ensures people are governed no though you celebrate traditions of your the senior member of the convention at better than they deserve. So we’ve got- rich culture from wherever your immi- 81 years of age, he commanded the re- ten what we’ve deserved whether any- grant ancestors had come from, still spect of all present. And as recorded in one likes it or not; whether anyone you would be here and become one peo- James Madison’s detailed records, he likes the prior President, the Nation ple. rose to speak in this moment of crisis. got what we deserved; whether anyone Well, in a letter that Ben Franklin This is from Federer’s book. But this likes this President or not, the Nation wrote in March of 1778, Ben Franklin is speech that Ben Franklin gave in 1787 got what we deserved. attributed with this writing. ‘‘Whoever at the Constitutional Convention truly And absolutely a truism that you can shall introduce into public affairs the was given at a moment of crisis. They take to the bank, Madam Speaker, is principles of primitive Christianity had been going for nearly 5 weeks, and that in 2012’s elections, we will have a will change the face of the world.’’ nothing but anger and bitterness had President elected or reelected who’s no Another quote from Benjamin Frank- persisted in the convention. They were better than the Nation deserves. lin was, ‘‘A Bible and a newspaper in nowhere close to coming to any kind of Now, there is one area of tremendous every house, a good school in every dis- agreement on anything, much less a ignorance in this country. And there is trict—all studied and appreciated as Constitution. nothing wrong with ignorance in an they merit—are the principal support Now, I was taught in school that Ben- area of someone’s knowledge unless of virtue, morality, and civil liberty.’’ jamin Franklin was a deist, that he be- they persist in that ignorance and In Ben Franklin’s pamphlet entitled lieved some deity, some power, some refuse to learn and fill that void. ‘‘Information to Those Who Would Re- something created the universe, cre- We are told by our President that move to America,’’ which was written ated the nature that we have come to this is not a Christian nation, and I to Europeans who were considering the know, and then steps back and never

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.172 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7753 intercedes, never lifts a finger, never sparrow cannot fall to the ground with- ‘‘ ‘We fervently recommend to the fa- does anything to interfere with the out His notice, is it probable that an therly notice . . . our Federal conven- ways of man. Yet when you read his empire can rise without His aide? tion . . . Favor them, from day to day, own words, you read letters he wrote, ‘‘We have been assured, Sir, in the with thy inspiring presence; be their things he said, it’s quite clear a deist Sacred Writings that, ‘except the Lord wisdom and strength; enable them to he was not. Here he was about 2 years build the House, they labor in vain devise such measures as may prove away from meeting his maker. He was that build it.’ ’’ happy instruments in healing all divi- suffering from gout at the time. He Franklin then says, ‘‘I firmly believe sions and prove the good of the great had, as the senior delegate, governor, this, and I also believe that without whole . . . that the United States of president, whatever you wish to call His concurring aid we shall succeed in America may form one example of a him from Pennsylvania at the conven- this political building no better than free and virtuous government . . . May tion and considered the host, he still the Builders of Babel. We shall be di- we . . . continue, under the influence of had to be helped in. He was not doing vided by our partial local interests, our republican virtue’’—and that’s with a well physically. But mentally he was projects will be confounded, and we, little ‘‘r,’’ not this Republican Party— sharp as ever. His wit was amazing as ourselves, shall become a reproach and ‘‘to partake of all the blessings of cul- ever. bye word down to future ages. tivated and Christian society.’ ’’ And this is the speech that Ben ‘‘And what is worse, mankind may With that prayer, Rev. William Jen- Franklin gave up in this time of crit- hereafter from this unfortunate in- nings concluded, as requested, by the ical crisis in the Constitutional Con- stance, despair of establishing govern- gentleman from Virginia, Edmund Jen- vention in 1787. He was addressing the ments by human wisdom and leave it nings Randolph. And as a result of president of the Constitutional Conven- to chance, war and conquest. Franklin’s speech, as a result of fol- ‘‘I therefore beg leave to move, that tion, President Washington—not Presi- lowing through on Franklin’s request henceforth prayers imploring the as- dent of the country yet because there to begin with prayer, as followed by sistance of Heaven, and its blessing on was no Constitution, so there was no our deliberations, be held in this As- Randolph’s request for a sermon, and President under that—but the presi- sembly every morning before we pro- ending with a powerful prayer, we got dent of the convention was addressed. ceed to business, and that one or more a Constitution, although it’s certainly And he said, ‘‘Mr. President, the small of the clergy of this city be requested ignored around this town so often. progress we have made after 4 or 5 to officiate in that service.’’ And even by the Supreme Court, as weeks close attendance and continual Franklin sat down. Federer notes, they did when they ignored the bank- reasonings with each other—our dif- ‘‘The response of the convention to this ruptcy law and the Constitution to ferent sentiments on almost every speech by Benjamin Franklin was re- allow the travesty of the GM and question, several of the last producing ported by Jonathan Dayton, the dele- Chrysler debacle to become law, as un- as many noes as ayes, is methinks a gate from New Jersey.’’ constitutional and illegal as it was, we melancholy proof of the imperfection Delegate Jonathan Dayton from New still have a Constitution that we have of the human understanding. We indeed Jersey wrote these words. When he got to get back to. seem to feel our own want of political says ‘‘the Doctor,’’ he is talking about We still have a situation that Frank- wisdom, since we have been running Benjamin Franklin, as some affection- lin noted, that so many in our early about in search of it. We have gone ately called him. days noted, can sustain us if we con- back to ancient history for models of Dayton said, ‘‘ ‘The Doctor sat down; tinue with the prayer, as Franklin government, and examined the dif- and never did I behold a countenance sought, if we continue to hold to those ferent forms of those republics which, at once so dignified and delighted as values in which this Nation was found- having been formed with the seeds of was that of Washington at the close of ed. their own dissolution, now no longer the address; nor were the members of But a Nation in which you destroy exist. And we viewed modern States all the convention generally less affected. the family, destroy the nuclear family, around Europe, but find none of their The words of the venerable Franklin you’ve destroyed the building block for Constitutions suitable to our cir- fell upon our ears with a weight and any great, truly great society. That cumstances. authority, even greater than we may has been broken down. You enslave people, basically, or make them inden- b 2230 suppose an oracle to have had in a Roman senate.’ tured servants, by doling out money ‘‘In this situation of this Assembly, ‘‘Following Franklin’s historical ad- from Washington, luring young people groping as it were in the dark to find dress, James Madison moved, seconded into ruts from which they can never political truth, and scarce able to dis- by Roger Sherman of Connecticut, that rise. It’s disgraceful. It’s immoral. tinguish it when presented to us, how Dr. Franklin’s appeal for prayer be en- This Congress, this city, this govern- has it happened, Sir, that we have not acted. Edmund Jennings Randolph of ment should be propelling young peo- hitherto once thought of humbly ap- Virginia further moved: ple, encouraging, invigorating, plying to the Father of lights to illu- ‘‘ ‘That a sermon be preached at the incentivizing people to reach their minate our understanding? request of the convention on the 4th of God-given potential, for heaven’s sake, ‘‘In the beginning of this Contest July, the anniversary of Independence, not luring them into ruts from which with Great Britain, when we were sen- and thenceforward prayers be used in they can never rise, not luring them sible of danger, we had daily prayer in ye Convention every morning.’ into ruts from which they can only this room for Divine protection. Our ‘‘The clergy of Philadelphia re- clamor and beg for more help from prayers, Sir, were heard, and they were sponded to this request and effected a Washington. graciously answered. All of us who profound change in the convention 2240 were engaged in the struggle must have when they reconvened on July 2, 1787, b observed frequent instances of a super- and Jonathan Dayton again records They are to be empowered, empow- intending Providence in our favor. these words: ered with opportunity, not with hand- ‘‘To that kind Providence we owe ‘‘ ‘We assembled again, and every un- outs but with opportunity to reach this happy opportunity of consulting in friendly feeling had been expelled, and their own God-given potential. A moth- peace on the means of establishing our a spirit of conciliation had been cul- er eagle does not continue to feed her future national felicity. And have we tivated.’ babies indefinitely. The little hatch- now forgotten that powerful Friend? Or ‘‘On July 4th, the entire Convention lings are not fed for the rest of their do we imagine we no longer need His assembled in the Reformed Calvinistic lives. They are nurtured, they are assistance.’’ Church, according to the proposal by taught, and then they are given the op- Ben Franklin goes on and says, ‘‘I Edmund Jennings Randolph of Vir- portunity to spread their wings and fly. have lived, Sir, a long time, and the ginia, and heard a sermon by Rev. Wil- It drove me from the bench as a judge longer I live, the more convincing liam Rogers. His prayer reflected the to have seen repeatedly what this Con- proofs I see of this truth, that God gov- hearts of the delegates following gress’ laws had done to lure people into erns in the affairs of men. And if a Franklin’s admonition: holes and give them no way out. That

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\K30NO7.173 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7754 CONGRESSIONAL RECORD — HOUSE November 30, 2010 was never the intention of the Found- done. You’re on your own. And then mercy on us if we do not learn those ers. That should never be the intention the Nation realizes, you can’t print lessons. of a moral society. You help those who enough money to pay your way out of And with that, Madam Speaker, I truly cannot help themselves. But for the debt the Soviet Union had created yield back. those that can, you don’t keep telling and the very kind of debt we are cre- f them to get in the wagon and continue ating now. So they had to announce, to make fewer and fewer people pull we’re out of business. The States are LEAVE OF ABSENCE the wagon until they can no longer on their own. By unanimous consent, leave of ab- bear the load and the whole system col- It can happen here. It has got to stop. sence was granted to: lapses of its own weight. You can’t And it’s not that hard. All we have to Mr. WU (at the request of Mr. HOYER) keep doing that. do is go back to the budget of 2006 or for today and for the balance of the We have done so much damage to even 2007, the Republican Congress cre- this Nation, 1 trillion 5, $1.6 trillion week. ated, and say, do you know what? We Mr. DAVIS of Illinois (at the request deficit last year, $1.3 trillion projected as Democrats condemned the Repub- for this year, $3 trillion in 2 years? In- of Mr. HOYER) for today. licans for spending too much in the Mr. BURTON of Indiana (at the re- credible. Do people not know even mod- 2006, 2007 budget, and so let’s go back ern history? The Soviet Union didn’t quest of Mr. BOEHNER) for today on ac- to that budget. We condemn them for count of personal reasons. even spend that kind of equivalent, but spending too much in 2006 and 2007, they spent quickly enough trying to let’s go back to that budget. Let’s use f keep up with our defensive posture that budget. And let’s stop these auto- SPECIAL ORDERS GRANTED through the defense system, and with matic increases every year. I’ve been their own socialistic programs, they filing that bill every Congress. It’s By unanimous consent, permission to could not get anyone to loan them time it passed. address the House, following the legis- more money. Gee, does that sound fa- I brought it to the attention of our lative program and any special orders miliar? We are having to buy our own leaders in 2006, in January, February, heretofore entered, was granted to: debt. We are not having to, we just 2006, yet no action was taken by the (The following Members (at the re- won’t quit spending. It’s immoral. It’s Republican Congress, and obviously the quest of Mr. FILNER) to revise and ex- just so irresponsible. last two Democratic Congresses tend their remarks and include extra- And I hear people saying, but it’s just neous material:) so hard to make these difficult cuts. It haven’t, a zero baseline budget bill, no automatic increases. Go back to 2006, Mr. FRANK of Massachusetts, for 5 isn’t. As a freshman here in 2005, in minutes, today. 2006, standing on this side of the aisle, 2007, no automatic increases, we get the spending under control, we get Ms. RICHARDSON, for 5 minutes, I heard people rightfully on the other today. side of the aisle saying, you guys are credibility around the world, we took care of our indebtedness. And we are Ms. KAPTUR, for 5 minutes, today. running a deficit budget, between 100 Mr. DEFAZIO, for 5 minutes, today. and $200 billion, that’s irresponsible. still strong and even stronger. That’s where we need to go. And then we send Ms. WOOLSEY, for 5 minutes, today. And the Democrats who said that were (The following Members (at the re- right. We should not have been running a message loud and clear, and I hope quest of Ms. FOXX) to revise and extend a deficit budget in 2005 and 2006. It was that Speaker BOEHNER will do as I have encouraged to be done, invite Prime their remarks and include extraneous irresponsible. It needed to stop. material:) Friends on that side of the aisle said, Minister Netanyahu to come stand at that podium, address a joint session so Mr. POE of Texas, for 5 minutes, De- you put us in the majority, we’ll end cember 7. this crazy spending in such a deficit the world can see both sides of this Mr. JONES, for 5 minutes, December form. And yet, when the gavel was aisle standing and applauding the lead- 7. handed to Speaker PELOSI in January er of our great friend and ally in the Mrs. MILLER of Michigan, for 5 min- of 2007, what we began to experience Middle East, Israel. Let the nations see utes, today. was spending like this Nation has that, and then that symbolism be fol- Mr. FRANKS of Arizona, for 5 minutes, never known, until January of 2009, lowed by action where we don’t reward today, December 1, 2, and 3. when the spending went on steroids, our enemies and the enemies of our Ms. FOXX, for 5 minutes, today. and instead of having a $100 to $200 bil- dear friend, Israel, and we don’t punish lion deficit, in 1 year, we went to hav- our dear friends and dear allies. If f ing nearly between a $1 and $2 trillion you’re our friend and ally, we work deficit in 1 year. with you. If you’re not, good luck. ADJOURNMENT How long before we face the same You’re on your own. We’re not going to Mr. GOHMERT. Madam Speaker, I consequence that the Soviet Union keep propping up countries that hate move that the House do now adjourn. faced when countries around the world us. It’s irresponsible as well. The motion was agreed to; accord- said, look, we have been warning you There are so many lessons to be ingly (at 10 o’clock and 47 minutes that if you didn’t get your spending learned from history, both ancient, p.m.), the House adjourned until to- under control we wouldn’t loan you both our own Nation and foreign and morrow, Wednesday, December 1, 2010, any more money? We won’t.h We’re current history. And may God have at 10 a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPATT hereby submits, prior to the vote on passage, the attached estimate of the costs of H.R. 6398, To require the Federal Deposit Insurance Corporation to fully insure Interest on Lawyers Trust Ac- counts, as amended, for printing in the CONGRESSIONAL RECORD.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 6398, A BILL TO REQUIRE THE FEDERAL DEPOSIT INSURANCE CORPORATION TO FULLY INSURE INTEREST ON LAWYERS TRUST ACCOUNTS, AS AMENDED

By fiscal year, in millions of dollars— 2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go Impact ...... 12 10 1 ¥3 ¥5 ¥6 ¥8 ¥3 0 0 15 ¥2 H.R. 6398 would amend existing law to extend federal deposit insurance to amounts held in certain interest-bearing accounts through December 31, 2012. CBO estimates that enacting this legislation would increase the cost of resolv- ing failed institutions over the next few years but such costs would be offset by higher insurance premiums by 2020. Source: Congressional Budget Office.

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00110 Fmt 4634 Sfmt 8634 E:\CR\FM\K30NO7.175 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE November 30, 2010 CONGRESSIONAL RECORD — HOUSE H7755 EXECUTIVE COMMUNICATIONS, 10482. A letter from the Acting Executive 10495. A letter from the Assistant Attorney ETC. Secretary, Agency for International Devel- General, Department of Justice, transmit- opment, transmitting a report pursuant to ting 2010 Annual Report to Congress on En- Under clause 2 of rule XIV, executive the Federal Vacancies Reform Act of 1998; to forcement of Registration Requirements, communications were taken from the the Committee on Oversight and Govern- pursuant to Public Law 109–248, section 635; Speaker’s table and referred as follows: ment Reform. to the Committee on the Judiciary. 10470. A letter from the Acting Under Sec- 10483. A letter from the Acting Executive 10496. A letter from the Staff Director, retary, Department of Defense, transmitting Secretary, Agency for International Devel- Sentencing Commission, transmitting report a report identifying each extension of a con- opment, transmitting a report pursuant to on the compliance of the federal district tract period to a total of more than 10 years the Federal Vacancies Reform Act of 1998; to courts with documentation submission re- that was granted under 10 U.S.C. 2304a(f) for the Committee on Oversight and Govern- quirements on sentencing, pursuant to 28 the Department’s task and delivery order ment Reform. U.S.C. 994(w)(1); to the Committee on the Ju- contracts during fiscal year 2009, pursuant to 10484. A letter from the Acting Executive diciary. Public Law 108–375, section 813; to the Com- Secretary, Agency for International Devel- 10497. A letter from the Deputy Chief Fi- mittee on Armed Services. opment, transmitting a report pursuant to nancial Officer, Department of Homeland Se- 10471. A letter from the Deputy Assistant the Federal Vacancies Reform Act of 1998; to curity, transmitting notification that a sev- Secretary, Department of Defense, transmit- the Committee on Oversight and Govern- enth transfer of $100 million from the Oil ting a letter on new mental health proce- ment Reform. Spill Liability Trust Fund to the Emergency dures for the armed services, pursuant to 10485. A letter from the Acting Executive Fund has occurred; to the Committee on Public Law 111–84, section 708; to the Com- Secretary, Agency for International Devel- Transportation and Infrastructure. mittee on Armed Services. opment, transmitting a report pursuant to 10498. A letter from the Program Analyst, 10472. A letter from the Under Secretary, the Federal Vacancies Reform Act of 1998; to Department of Transportation, transmitting Department of Defense, transmitting the De- the Committee on Oversight and Govern- the Department’s final rule—Establishment partment’s second Equipment Delivery Re- ment Reform. of Class E Airspace; Kalaupapa, HI [Docket port for fiscal years 2009 and 2010; to the 10486. A letter from the Acting Executive No.: FAA–2010–0650; Airspace Docket No. 10– Committee on Armed Services. Secretary, Agency for International Devel- AWP–9] received October 26, 2010, pursuant 10473. A letter from the Under Secretary, opment, transmitting a report pursuant to to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Defense, transmitting a letter the Federal Vacancies Reform Act of 1998; to Transportation and Infrastructure. regarding developing methods to account for the Committee on Oversight and Govern- 10499. A letter from the Program Analyst, the full life-cycle costs of munitions, pursu- ment Reform. Department of Transportation, transmitting ant to Public Law 111–84, section 316; to the 10487. A letter from the Acting Executive the Department’s final rule—Revocation of Committee on Armed Services. Secretary, Agency for International Devel- Class C Airspace, Establishment of Class D 10474. A letter from the Acting Director, opment, transmitting a report pursuant to Airspace, and Modification of Class E Air- Executive Office of the President, transmit- the Federal Vacancies Reform Act of 1998; to space; Columbus, GA [Docket No.: FAA–2010– ting report of the estimated cost of assets the Committee on Oversight and Govern- 0386; Airspace Docket No. 10–AWA–1] re- purchased under the Emergency Economic ment Reform. ceived October 26, 2010, pursuant to 5 U.S.C. Stabilization Act of 2008; to the Committee 10488. A letter from the Chairman and CEO, 801(a)(1)(A); to the Committee on Transpor- on Financial Services. Farm Credit Administration, transmitting in tation and Infrastructure. 10475. A letter from the Secretary, Depart- accordance with Pub. L. 105–270, the Federal 10500. A letter from the Program Analyst, ment of Health and Human Services, trans- Activities Inventory Reform Act of 1998 Department of Transportation, transmitting mitting Biennial report to Congress on the (FAIR Act), the Administration’s inventory the Department’s final rule—Establishment Status of Children in Head Start Programs of commerical activities until June 2010; to of Class E Airspace; Port Clarence, AK for Fiscal year 2007; to the Committee on the Committee on Oversight and Govern- [Docket No.: FAA–2010–0354 Airspace Docket Education and Labor. ment Reform. No. 10–AAL–10] received October 26, 2010, pur- 10476. A letter from the Assistant Sec- 10489. A letter from the General Counsel, suant to 5 U.S.C. 801(a)(1)(A); to the Com- retary, Department of Energy, transmitting Institute of Museum and Library Services, mittee on Transportation and Infrastruc- the Department’s annual report on the Eco- transmitting a report pursuant to the Fed- ture. nomic Dispatch and Variable Generation Re- eral Vacancies Reform Act of 1998; to the 10501. A letter from the Program Analyst, sources, pursuant to Sections 1234 and 1832 of Committee on Oversight and Government Department of Transportation, transmitting the Energy Policy Act of 2005; to the Com- Reform. the Department’s final rule—Establishment mittee on Energy and Commerce. 10490. A letter from the General Counsel, of Class E Airspace; Clifton/Morenci, AZ 10477. A letter from the Secretary, Depart- Pension Benefit Guaranty Corporation, [Docket No.: FAA–2010–0634; Airspace Docket ment of Health and Human Services, trans- transmitting a report pursuant to the Fed- No. 10–AWP–8] received October 26, 2010, pur- mitting the Department’s FY 2009 annual eral Vacancies Reform Act of 1998; to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- performance report to Congress required by Committee on Oversight and Government mittee on Transportation and Infrastruc- the Prescription Drug User Fee Act of 1992 Reform. ture. (PDUFA), as amended; to the Committee on 10491. A letter from the Service Officer, 10502. A letter from the Program Analyst, Energy and Commerce. American Gold Star Mothers, Inc., transmit- Department of Transportation, transmitting 10478. A letter from the Secretary, Depart- ting the organization’s report and financial the Department’s final rule—Revocation of ment of Transportation, transmitting the audit for the year ending June 30, 2010, pur- Class E Airspace; Franklin, TX [Docket No.: Department’s Fiscal Year 2009 annual report suant to 36 U.S.C. 1101(63) and 1103; to the FAA–2010–0603; Airspace Docket No. 10–ASW– as required by the Superfund Amendments Committee on the Judiciary. 9] received October 26, 2010, pursuant to 5 and Reauthorization Act (SARA) of 1986, as 10492. A letter from the Secretary, Depart- U.S.C. 801(a)(1)(A); to the Committee on amended, pursuant to 42 U.S.C. 9620; to the ment of Health and Human Services, trans- Transportation and Infrastructure. Committee on Energy and Commerce. mitting the Department’s determination on 10503. A letter from the Program Analyst, 10479. A letter from the Special Inspector a petition on behalf of a class of workers Department of Transportation, transmitting General for Afghanistan Reconstruction, from the Revere Copper and Brass, in De- the Department’s final rule—Airworthiness transmitting the ninth quarterly report on troit, Michigan, to be added to the Special Directives; BAE SYSTEMS (OPERATIONS) the Afghanistan reconstruction, pursuant to Exposure Cohort (SEC), pursuant to the En- LIMITED Model BAe 146 and Avro 146–RJ Public Law 110–181, section 1229; to the Com- ergy Employees Occupational Illness Com- Airplanes [Docket No.: FAA–2010–0642; Direc- mittee on Foreign Affairs. pensation Program Act of 2000 (EEOICPA); torate Identifier 2007–NM–332–AD; Amend- 10480. A letter from the Assistant Sec- to the Committee on the Judiciary. ment 39–16470; AD 2010–21–10] (RIN: 2120– retary, Legislative Affairs, Department of 10493. A letter from the Secretary, Depart- AA64) received October 26, 2010, pursuant to State, transmitting Report to Congress on ment of Health and Human Services, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on the United States Policy in Iraq, Section mitting the Department’s determination on Transportation and Infrastructure. 1227 of the National Defense Authorization a petition on behalf of a class of workers 10504. A letter from the Program Analyst, Act for Fiscal Year 2006; to the Committee from the Ames Laboratory, in Ames, Iowa to Department of Transportation, transmitting on Foreign Affairs. be added to the Special Exposure Cohort the Department’s final rule—Airworthiness 10481. A letter from the Assistant Legal (SEC), pursuant to the Energy Employees Directives; Fokker Services B.V. Model F.28 Adviser for Treaty Affairs, Department of Occupational Illness Compensation Program Mark 0070 and 0100 Airplanes [Docket No.: State, transmitting report prepared by the Act of 2000 (EEOICPA); to the Committee on FAA–2010–0479; Directorate Identifier 2009– Department of State concerning inter- the Judiciary. NM–220–AD; Amendment 39–16472; AD 2010– national agreements other than treaties en- 10494. A letter from the Assistant Attorney 21–12] (RIN: 2120–AA64) received October 26, tered into by the United States to be trans- General, Department of Justice, transmit- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitted to the Congress within the sixty-day ting second annual report to Congress sub- Committee on Transportation and Infra- period specified in the Case-Zablocki Act; to mitted in accordance with the NICS Im- structure. the Committee on Foreign Affairs. provement Amendments Act of 2007 (Pub. L. 10505. A letter from the Program Analyst, 110–180); to the Committee on the Judiciary. Department of Transportation, transmitting

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.061 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7756 CONGRESSIONAL RECORD — HOUSE November 30, 2010 the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness tober 26, 2010, pursuant to 5 U.S.C. Directives; Bombardier, Inc. Model CL–600– Directives; PIAGGIO AERO INDUSTRIES 801(a)(1)(A); to the Committee on Transpor- 2B19 (Regional Jet Series 100 & 440) Airplanes S.p.A Model PIAGGIO P–180 Airplanes tation and Infrastructure. [Docket No.: FAA–2009–1229; Directorate [Docket No.: FAA–2010–0734; Directorate 10522. A letter from the Program Analyst, Identifier 2009–NM–106–AD; Amendment 39– Identifier 2010–CE–036–AD; Amendment 39– Department of Transportation, transmitting 16471; AD 2010–21–11] (RIN: 2120–AA64) re- 16474; AD 2010–21–14] (RIN: 2120–AA64) re- the Department’s final rule—Revision of ceived October 26, 2010, pursuant to 5 U.S.C. ceived October 26, 2010, pursuant to 5 U.S.C. Class E Airspace; Tanana, AK [Docket No.: 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- FAA–2010–0588 Airspace Docket No. 10–AAL– tation and Infrastructure. tation and Infrastructure. 16] received October 26, 2010, pursuant to 5 10506. A letter from the Program Analyst, 10514. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Department of Transportation, transmitting Transportation and Infrastructure. the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness 10523. A letter from the Program Analyst, Directives; Learjet Inc. Model 45 Airplanes Directives; PIAGGIO AERO INDUSTRIES Department of Transportation, transmitting [Docket No.: FAA–2010–0676; Directorate S.p.A Model PIAGGIO P–180 Airplanes the Department’s final rule—Revision of Identifier 2010–NM–095–AD; Amendment 39– [Docket No.: FAA–2010–0736; Directorate Class E Airspace; Unalakleet, AK [Docket 16479; AD 2010–21–19] (RIN: 2120–AA64) re- Identifier 2010–CE–035–AD; Amendment 39– No.: FAA–2010–0119 Airspace Docket No. 10– ceived October 26, 2010, pursuant to 5 U.S.C. 16469; AD 2010–21–09] (RIN: 2120–AA64) re- AAL–6] received October 26, 2010, pursuant to 801(a)(1)(A); to the Committee on Transpor- ceived October 26, 2010, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. 10507. A letter from the Program Analyst, tation and Infrastructure. 10524. A letter from the Trial Attorney, Department of Transportation, transmitting 10515. A letter from the Program Analyst, Federal Railroad Administration, Depart- the Department’s final rule—Airworthiness Department of Transportation, transmitting ment of Transportation, transmitting the Directives; Eurocopter France (ECF) Model the Department’s final rule—Airworthiness Department’s final rule—Restrictions on AS650B3 and EC130 B4 Helicopters [Docket Directives; Pratt & Whitney JT8D–9, -9A, -11, Railroad Operating Employees’ Use of Cel- No.: FAA–2010–0779; Directorate Identifier -15, -17, and -17R Turbofan Engines [Docket lular Telephones and Other Electronic De- 2009–SW–84–AD; Amendment 39–16467; AD No.: FAA–2010–0514; Directorate Identifier vices [Docket No.: FRA–2009–0118] (RIN: 2130– 2010–21–07] (RIN: 2120–AA64) received October 2010–NE–02–AD; Amendment 39–16477; AD AC21) received November 3, 2010, pursuant to 26, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 2010–21–17] (RIN: 2120–AA64) received October 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on Transportation and Infra- 26, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Transportation and Infrastructure. structure. the Committee on Transportation and Infra- 10508. A letter from the Program Analyst, 10525. A letter from the Chief, Publications structure. and Regulations Branch, Internal Revenue Department of Transportation, transmitting 10516. A letter from the Program Analyst, the Department’s final rule—Airworthiness Service, transmitting the Service’s final Department of Transportation, transmitting rule—Applicable Federal Rates—November Directives; McDonnell Douglas Corporation the Department’s final rule—Airworthiness Model MD–90–30 Airplanes [Docket No.: 2010 (Rev. Rul. 2010–26) received October 26, Directives; Bombardier, Inc. Model CL–600– 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA–2010–0554; Directorate Identifier 2010– 2B19 (Regional Jet Series 100 & 440) Airplanes NM–082–AD; Amendment 39–16476; AD 2010– Committee on Ways and Means. [Docket No.: FAA–2010–0482; Directorate 10526. A letter from the Chief, Publications 21–16] (RIN: 2120–AA64) received October 26, Identifier 2009–NM–225–AD; Amendment 39– 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Regulations Branch, Internal Revenue 16411; AD 2010–17–17] (RIN: 2120–AA64) re- Committee on Transportation and Infra- Service, transmitting the Service’s final ceived October 26, 2010, pursuant to 5 U.S.C. structure. rule—Section 457(b) Unforeseeable Emer- 10509. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- gency Guidance [CASE MIS Number: RR– Department of Transportation, transmitting tation and Infrastructure. 117629–10] (Rev. Rul. 2010–27) received October 10517. A letter from the Program Analyst, the Department’s final rule—Airworthiness 27, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of Transportation, transmitting Directives; Eurocopter France (Eurocopter) the Committee on Ways and Means. the Department’s final rule—Airworthiness Model AS350B, BA, B1, B2, B3, AS355E, F, F1, 10527. A letter from the Chief, Publications Directives; Boeing Model 747–100, 747–100B, F2, and N Helicopters [Docket No.: FAA– and Regulations Branch, Internal Revenue 747–100B SUD, 747–200B, 747–200F, 747–300, 747– 2010–0969; Directorate Identifier 2009–SW–62– Service, transmitting the Service’s final 400, 747–400D, 747SP, and 747SR Series Air- AD; Amendment 39–16461; AD 2010–21–01] rule—Hybrid Retirement Plans [TD 9505] (RIN: 2120–AA64) received October 26, 2010, planes [Docket No.: FAA–2010–0950; Direc- (RIN: 1545–BG36) received October 26, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- torate Identifier 2009–NM–194–AD; Amend- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Transportation and Infrastruc- ment 39–16460; AD 2009–19–06] (RIN: 2120– mittee on Ways and Means. ture. AA64) received October 26, 2010, pursuant to 10528. A letter from the Chief Privacy Offi- 10510. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on cer, Department of Homeland Security, Department of Transportation, transmitting Transportation and Infrastructure. transmitting the Department’s fourth quar- 10518. A letter from the Program Analyst, the Department’s final rule—Airworthiness ter report for fiscal year 2010 from the Office Department of Transportation, transmitting Directives; McDonnell Douglass Corporation of Security and Privacy; to the Committee the Department’s final rule—IFR Altitudes; Model DC–10–10, DC–10–10F, DC–10–30, DC–10– on Homeland Security. Miscellaneous Amendments [Docket No.: 30–F (KDC–10), DC–10–40, and DC–10–40F Air- 10529. A letter from the Assistant Sec- 30742; Amdt. No. 489] received October 26, planes [Docket No.: FAA–2010–0672; Direc- retary, Legislative Operations, Department 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the torate Identifier 2010–NM–047–AD; Amend- of State, transmitting certification to Con- Committee on Transportation and Infra- ment 39–16473; AD 2010–21–13] (RIN: 2120– gress regarding the Incidental Capture of Sea AA64) received October 26, 2010, pursuant to structure. 10519. A letter from the Program Analyst, Turtles in Commercial Shrimping Oper- 5 U.S.C. 801(a)(1)(A); to the Committee on ations, pursuant to Public Law 101–162, sec- Transportation and Infrastructure. Department of Transportation, transmitting the Department’s final rule—Standard In- tion 609(b); jointly to the Committees on 10511. A letter from the Program Analyst, Natural Resources and Appropriations. Department of Transportation, transmitting strument Approach Procedures, and Takeoff the Department’s final rule—Airworthiness Minimums and Obstacle Departure Proce- f Directives; Empresa Brasileira de dures; Miscellaneous Amendments [Docket No.: 30748; Amdt. No. 3395] received October REPORTS OF COMMITTEES ON Aeronautica S.A. (EMBRAER) Model EMB– PUBLIC BILLS AND RESOLUTIONS 500 Airplanes [Docket No.: FAA–2010–0754; Di- 26, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to rectorate Identifier 2010–CE–039–AD; Amend- the Committee on Transportation and Infra- Under clause 2 of rule XIII, reports of ment 39–16475; AD 2010–21–15] (RIN: 2120– structure. committees were delivered to the Clerk AA64) received October 26, 2010, pursuant to 10520. A letter from the Program Analyst, for printing and reference to the proper Department of Transportation, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on calendar, as follows: Transportation and Infrastructure. the Department’s final rule—Standard In- 10512. A letter from the Program Analyst, strument Approach Procedures, and Takeoff Mr. OBERSTAR: Committee on Transpor- Department of Transportation, transmitting Minimums and Obstacle Departure Proce- tation and Infrastructure. H.R. 5112. A bill to the Department’s final rule—Airworthiness dures; Miscellaneous Amendments [Docket provide for the training of Federal building Directives; PIAGGIO AERO INDUSTRIES No.: 30747; Amdt. No. 3394] received October personnel, and for other purposes (Rept. 111– S.p.A. Model PIAGGIO P–180 Airplanes 26, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 662). Referred to the Committee of the Whole [Docket No.: FAA–2010–0737; Directorate the Committee on Transportation and Infra- House on the State of the Union. Identifier 2010–CE–037–AD; Amendment 39– structure. Mr. THOMPSON of Mississippi: Committee 16468; AD 2010–21–08] (RIN: 2120–AA64) re- 10521. A letter from the Program Analyst, on Homeland Security. H.R. 5562. A bill to ceived October 26, 2010, pursuant to 5 U.S.C. Department of Transportation, transmitting amend the Homeland Security Act of 2002 to 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Revocation and prohibit requiring the use of a specified per- tation and Infrastructure. Establishment of Class E Airspace; North- centage of a grant under the Urban Area Se- 10513. A letter from the Program Analyst, east Alaska, AK [Docket No.: FAA–2010–0445; curity Initiative and State Homeland Secu- Department of Transportation, transmitting Airspace Docket No. 10–AAL–13] received Oc- rity Grant Program for specific purposes,

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and for other purposes (Rept. 111–663). Re- By Mr. GONZALEZ: H.R. 5833: Mr. QUIGLEY Ms. SUTTON, Mr. ferred to the Committee of the Whole House H.R. 6459. A bill to amend section 1848 of ROTHMAN of New Jersey, and Mr. MARSHALL. on the State of the Union. the Social Security Act to provide for a 4- H.R. 5987: Mr. LARSEN of Washington. Mr. POLIS: Committee on Rules. House year transition in reductions in relative H.R. 6021: Mr. TIERNEY, Mr. CAPUANO, Mr. Resolution 1741. Resolution providing for value units for certain newly bundled serv- WU, and Mr. FILNER. consideration of the joint resolution (H.J. ices to allow physician practice time to ad- H.R. 6085: Ms. MOORE of Wisconsin and Mr. Res. 101) making further continuing appro- just to new payment rates; to the Committee RUPPERSBERGER. priations for fiscal year 2011, and for other on Energy and Commerce, and in addition to H.R. 6150: Ms. LEE of California, Mr. BER- purposes (Rept. 111–664). Referred to the the Committee on Ways and Means, for a pe- MAN, and Ms. LINDA T. SA´ NCHEZ of California. House Calendar. riod to be subsequently determined by the H.R. 6199: Mr. WATT, Mr. PAYNE, Mr. LEWIS Mr. MCGOVERN: Committee on Rules. Speaker, in each case for consideration of of Georgia, Ms. RICHARDSON, Mr. CUMMINGS, House Resolution 1742. Resolution providing such provisions as fall within the jurisdic- and Mr. BUTTERFIELD. for consideration of the bill (S. 3307) to reau- tion of the committee concerned. H.R. 6214: Mr. GRIJALVA and Ms. MOORE of thorize child nutrition programs, and for By Ms. KAPTUR: Wisconsin. other purposes (Rept. 111–665). Referred to H.R. 6460. A bill to prohibit Fannie Mae, H.R. 6354: Mr. JOHNSON of Georgia. the House Calendar. Freddie Mac, and Ginnie Mae from owning or H.R. 6355: Mr. MARKEY of Massachusetts Mr. CONYERS: Committee on the Judici- guaranteeing any mortgage that is assigned and Mr. GRIJALVA. ary. H.R. 42. A bill to establish a fact-finding to the Mortgage Electronic Registration H.R. 6379: Mr. ANDREWS, Mr. HOLT, Mr. Commission to extend the study of a prior Systems or for which MERS is the mort- FRELINGHUYSEN, Mr. ADLER of New Jersey, Commission to investigate and determine gagee of record; to the Committee on Finan- Mr. LOBIONDO, Mr. GARRETT of New Jersey, facts and circumstances surrounding the re- cial Services. Mr. SIRES, and Mr. LANCE. location, internment, and deportation to By Mr. PERRIELLO (for himself, Mr. H.R. 6398: Mr. GUTIERREZ and Mr. SAR- Axis countries of Latin Americans of Japa- COSTA, Mr. DUNCAN, Mr. GRIJALVA, BANES. nese descent from December 1941 through Mr. KRATOVIL, and Mr. MCGOVERN): H.R. 6410: Mr. NADLER of New York. February 1948, and the impact of those ac- H.R. 6461. A bill to amend the Higher Edu- H.R. 6415: Mrs. MYRICK, Mr. BURTON of Indi- tions by the United States, and to rec- cation Act of 1965 to improve education and ana, and Mr. DUNCAN. ommend appropriate remedies, and for other prevention related to campus sexual vio- H.R. 6441: Mr. HASTINGS of Florida. purposes; with an amendment (Rept. 111–666). lence, intimate partner violence, and stalk- H.R. 6447: Mr. OWENS. Referred to the Committee of the Whole ing; to the Committee on Education and H. Con. Res. 267: Mr. ADERHOLT. House on the State of the Union. Labor. H. Con. Res. 320: Ms. BORDALLO. Mr. CONYERS: Committee on the Judici- By Ms. SCHWARTZ (for herself, Mr. H. Con. Res. 323: Mr. HODES, Mr. SERRANO, Ms. SUTTON, Mr. BISHOP of New York, Mr. ary. H.R. 3290. A bill to provide the spouses BURGESS, Mr. BLUMENAUER, Ms. KILDEE, Mr. LYNCH, Mr. CAPUANO, Mr. LIPIN- and children of aliens who perished in the VELA´ ZQUEZ, Mr. FATTAH, and Mr. SKI, Mrs. BIGGERT, Ms. BORDALLO, Mr. September 11 terrorist attacks an oppor- RUSH): tunity to adjust their status to that of an H.R. 6462. A bill to amend the Department PAYNE, Mr. FRELINGHUYSEN, Mr. PASCRELL, alien lawfully admitted for permanent resi- of Agriculture Reorganization Act of 1994 to Mr. SARBANES, Mr. CARNAHAN, Mr. NEAL of dence (Rept. 111–667). Referred to the Com- establish in the Department of Agriculture a Massachusetts, Mr. LEWIS of Georgia, Mr. mittee of the Whole House on the State of Healthy Food Financing Initiative; to the FATTAH, and Ms. DELAURO. H. Con. Res. 331: Mr. FRANK of Massachu- the Union. Committee on Agriculture. setts and Mr. HASTINGS of Florida. Mr. THOMPSON of Mississippi: Committee By Mr. OBEY: H. Res. 20: Mr. PENCE. on Homeland Security. H.R. 5101. A bill to H.J. Res. 101. A joint resolution making H. Res. 236: Mr. PENCE. establish a Chief Veterinary Officer in the further continuing appropriations for fiscal H. Res. 1217: Mr. WELCH. Department of Homeland Security, and for year 2011, and for other purposes; to the H. Res. 1402: Ms. GRANGER and Mr. MILLER other purposes; with an amendment (Rept. Committee on Appropriations. of Florida. 111–668, Pt. 1). Ordered to be printed. By Mr. BISHOP of Utah: H. Res. 1567: Mr. PLATTS. Mr. CONYERS: Committee on the Judici- H.J. Res. 102. A joint resolution proposing H. Res. 1585: Mr. PLATTS. ary. H.R. 233. A bill to amend the Federal an amendment to the Constitution of the H. Res. 1590: Mr. LATTA. antitrust laws to provide expanded coverage United States to give States the right to re- H. Res. 1685: Mr. THOMPSON of California and to eliminate exemptions from such laws peal Federal laws and regulations when rati- and Mr. ALEXANDER. that are contrary to the public interest with fied by the Legislatures of two thirds of the H. Res. 1687: Mr. WILSON of South Carolina, respect to railroads; with an amendment several States; to the Committee on the Ju- Mr. SHIMKUS, Mr. REICHERT, Mr. MCCARTHY (Rept. 111–669, Pt. 1). Referred to the Com- diciary. of California, Mr. LEE of New York, Mr. ISSA, mittee of the Whole House on the State of Mr. KING of Iowa, Mr. COBLE, Mrs. CAPITO, the Union. f Mr. DAVIS of Kentucky, Ms. ROS-LEHTINEN, DISCHARGE OF COMMITTEE ADDITIONAL SPONSORS Mr. PLATTS, Mr. WHITFIELD, Mr. LEWIS of Pursuant to clause 2 of rule XIII the Under clause 7 of rule XII, sponsors California, Mr. JOHNSON of Illinois, Mr. ING- LIS, Mr. UPTON, Mr. BERMAN, Mr. GERLACH, Committee on Transportation and In- were added to public bills and resolu- Mr. TIM MURPHY of Pennsylvania, Mr. frastructure discharged from further tions as follows: consideration. H.R. 233 referred to the TERRY, Mr. BACHUS, Mr. ROE of Tennessee, Committee of the Whole House on the H.R. 476: Mr. JACKSON of Illinois. Mrs. BONO MACK, Ms. GINNY BROWN-WAITE of H.R. 739: Mrs. CHRISTENSEN. Florida, Mr. LINCOLN DIAZ-BALART of Flor- State of the Union. H.R. 859: Mr. GRAYSON. ida, Mr. EHLERS, Mrs. EMERSON, Mr. LATTA, Pursuant to clause 2 of rule XIII the H.R. 1030: Mr. PLATTS, Ms. NORTON, Mrs. Mrs. MCMORRIS RODGERS, Mr. MILLER of Committee on Energy and Commerce MALONEY, and Mr. RAHALL. Florida, Mrs. MILLER of Michigan, Mr. discharged from further consideration. H.R. 1193: Mr. MARKEY of Massachusetts. PAULsen, Mr. PETRI, Mr. PRICE of Georgia, H.R. 2267 referred to the Committee of H.R. 1551: Mr. HOLT. Mr. ROSKAM, Mr. SMITH of Nebraska, and Mr. the Whole House on the State of the H.R. 1631: Mr. HOLT. WOLF. Union and ordered to be printed. H.R. 2130: Mr. GRAYSON. H. Res. 1690: Mr. SPACE. H.R. 3118: Mr. FILNER. H. Res. 1696: Ms. LEE of California and Mr. f H.R. 3173: Mr. KIND. LEWIS of Georgia. TIME LIMITATION OF REFERRED H.R. 3238: Mrs. CHRISTENSEN. H. Res. 1722: Ms. NORTON and Ms. ESHOO. BILL H.R. 3303: Mr. FILNER. H. Res. 1725: Mr. MORAN of Virginia, Mr. H.R. 3790: Mr. PASTOR of Arizona. HASTINGS of Florida, Mr. MCGOVERN, Mr. Pursuant to clause 2 of rule XII the H.R. 4116: Mr. MARKEY of Massachusetts. LEVIN, Mr. BURTON of Indiana, Mr. LAMBORN, following action was taken by the H.R. 4224: Mr. GRAYSON. Mr. MCCOTTER, Mr. DUNCAN, and Mr. BILI- Speaker: H.R. 4278: Mr. HILL and Mr. RYAN of Wis- RAKIS. H.R. 5105. Referral to the Committee on consin. H. Res. 1727: Mr. ROHRABACHER, Mr. Agriculture extended for a period ending not H.R. 4662: Mr. LEWIS of Georgia. MCCLINTOCK, Mr. BILBRAY, Mr. LEWIS of Cali- later than December 10, 2010. H.R. 4689: Mr. CAPUANO. fornia, Mr. CONYERS, Mr. UPTON, Mr. NADLER H.R. 4752: Mr. FRANK of Massachusetts. of New York, Mr. AKIN, Ms. JACKSON-LEE of f H.R. 4959: Mr. LATOURETTE. Texas, Mr. MCHENRY, Mr. OBEY, Mr. BERMAN, PUBLIC BILLS AND RESOLUTIONS H.R. 5137: Mr. MCDERMOTT. Mr. MACK, Mr. DUNCAN, Mr. KING of New H.R. 5575: Mr. HOLT. York, Mr. MANZULLO, Mr. LAMBORN, Mr. Under clause 2 of rule XII, public H.R. 5803: Mr. SIRES, Mrs. MALONEY, Ms. BACHUS, Mr. BARTLETT, Mr. WESTMORELAND, bills and resolutions of the following LINDA T. SA´ NCHEZ of California, Ms. EDDIE Mr. BLUNT, Mrs. LUMMIS, Mr. KINGSTON, Mr. titles were introduced and severally re- BERNICE JOHNSON of Texas, Mr. PLATTS, Mr. MCCARTHY of California, Mr. ROONEY, Mr. ferred, as follows: ROSS, and Mr. HARE. MARKEY of Massachusetts, Mr. CONAWAY, Ms.

VerDate Mar 15 2010 06:40 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.062 H30NOPT1 tjames on DSKG8SOYB1PROD with HOUSE H7758 CONGRESSIONAL RECORD — HOUSE November 30, 2010 GRANGER, Mr. THOMPSON of Pennsylvania, YOUNG of Florida, Ms. DEGETTE, Ms. BERK- limited tax benefits, or limited tariff Mr. WHITFIELD, Mr. CALVERT, Mr. OLSON, Mr. LEY, Mr. LEWIS of Georgia, Ms. WATSON, Mr. benefits were submitted as follows: PETRI, Mr. SABLAN, Mr. WOLF, Mr. JONES, CONNOLLY of Virginia, Mr. HINOJOSA, Mr. Mr. BURGESS, Mr. HENSARLING, Mr. SESSIONS, MINNICK, Ms. HARMAN, Mr. CARNAHAN, Mr. OFFERED BY MR. GEORGE MILLER OF Mr. HALL of Texas, Mr. CULBERSON, Mr. WELCH, Mr. KLEIN of Florida, Ms. CALIFORNIA MCCAUL, Mr. THORNBERRY, Mr. NEUGEBAUER, SCHAKOWSKY, Mr. KRATOVIL, Mr. ARCURI, Ms. Mr. LANCE, Mr. POE of Texas, Mrs. SUTTON, Mr. DOGGETT, Mr. JOHNSON of Geor- The provisions that warranted a referral to BLACKBURN, Mr. ROGERS of Kentucky, Mr. gia, Ms. WASSERMAN SCHULTZ, Mr. the Committee on Education and Labor, in SHIMKUS, Mr. GALLEGLY, Mr. FORBES, Mr. BUTTERFIELD, Mr. SALAZAR, Mr. INSLEE, Mr. S. 3307, the Healthy, Hunger-Free Kids Act of DANIEL E. LUNGREN of California, Mrs. BONO MCDERMOTT, and Mr. LARSON of Connecticut. 2010, do not contain any congressional ear- MACK, Mr. GINGREY of Georgia, Mr. WEINER, H. Res. 1734: Mr. PENCE, Mr. BILIRAKIS, and marks, limited tax benefits, or limited tariff Ms. MATSUI, Mr. REYES, Mr. DELAHUNT, Mr. Mr. ROGERS of Alabama. H. Res. 1735: Mr. MORAN of Virginia, Mr. benefits as defined in clause 9 of rule XXI. DOGGETT, Mr. HINOJOSA, Ms. LINDA T. CROWLEY, Mr. ACKERMAN, Ms. LORETTA SA´ NCHEZ of California, Mr. DINGELL, Mr. KIL- OFFERED BY MR. SPRATT SANCHEZ of California, Mr. PENCE, Mr. POM- DEE, Mr. GOODLATTE, Mr. REED, and Mr. COO- EROY, Ms. HIRONO, Mr. CARNAHAN, Ms. The provisions that warranted a referral to PER. H. Res. 1733: Mr. CHILDERS, Mr. BERMAN, MCCOLLUM, Mr. WILSON of South Carolina, the Committee on the Budget in S. 3307, the Mr. ROSS, Mr. MCCAUL, Mr. REYES, Ms. LO- Mr. POE of Texas, Mr. OLSON, Mr. TANNER, Healthy, Hunger-Free Kids Act of 2010, do RETTA SANCHEZ of California, Mr. COHEN, Mr. Mr. ROTHMAN of New Jersey, Mr. KING of New not contain any congressional earmarks, York, Mr. SIRES, Mr. LANGEVIN, and Mr. WU, Mr. THOMPSON of California, Mr. limited tax benefits, or limited tariff bene- BOCCIERI, Mr. PERRIELLO, Mr. BERRY, Mr. COSTA. H. Res. 1738: Mr. HASTINGS of Florida, Mr. fits as defined in clause 9 of rule XXI. WILSON of Ohio, Mr. TEAGUE, Mr. OLVER, Mr. TOWNS, Mr. RUSH, Mr. MARKEY of Massachu- MILLER of North Carolina, Mr. SPRATT, Ms. OFFERED BY MR. OBEY setts, and Mr. MCCOTTER. CORRINE BROWN of Florida, Mrs. NAPOLITANO, H. Res. 1740: Mr. SHERMAN. H.J. Res. 101, making further continuing Mr. LARSEN of Washington, Mr. JONES, Mr. DANIEL E. LUNGREN of California, Mr. ROTH- f appropriations for fiscal year 2011, and for MAN of New Jersey, Mr. THORNBERRY, Mr. CONGRESSIONAL EARMARKS, LIM- other purposes, contains no congressional earmarks, limited tax benefits, or limited BRADY of Texas, Mrs. BONO MACK, Mr. ITED TAX BENEFITS, OR LIM- tariff benefits as defined in clause 9 of rule BILBRAY, Mr. LOBIONDO, Mr. STEARNS, Mr. ITED TARIFF BENEFITS BURGESS, Mrs. LOWEY, Mr. KING of New York, XXI. Mr. BOREN, Mr. BARROW, Mr. MORAN of Vir- Under clause 9 of rule XXI, lists or ginia, Mr. LIPINSKI, Mr. VISCLOSKY, Mr. statements on congressional earmarks,

VerDate Mar 15 2010 05:58 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\A30NO7.067 H30NOPT1 tjames on DSKG8SOYB1PROD 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, SECOND SESSION

Vol. 156 WASHINGTON, TUESDAY, NOVEMBER 30, 2010 No. 154 Senate The Senate met at 9 a.m. and was We beseech You to send Your special friend and practically a member of my called to order by the Honorable AL blessings and graces upon these elected extended family. Father Fluet and I FRANKEN, a Senator from the State of leaders. first met nearly 30 years ago when he Minnesota. In Your Name, we pray. Amen. was pastor of St. Joseph’s Church in f North Grosvenordale, CT. Since his ap- PRAYER PLEDGE OF ALLEGIANCE pointment in 1998 as pastor of my home The PRESIDING OFFICER. Today’s parish, Saint Bridget of Kildare in East The Honorable AL FRANKEN led the opening prayer will be offered by Rev. Haddam, Father Fluet has been an im- Father Gregoire J. Fluet, pastor of Pledge of Allegiance, as follows: portant figure in my life, providing Saint Bridget of Kildare Church, I pledge allegiance to the Flag of the spiritual advice and counsel to me on a Moodus, CT. United States of America, and to the Repub- The guest Chaplain offered the fol- lic for which it stands, one nation under God, number of occasions. Father Fluet has lowing prayer: indivisible, with liberty and justice for all. also played an important role in the For our prayer this day, I paraphrase f lives of my two daughters, Grace and Christina. He baptized both of them a prayer written in 1791 by the first APPOINTMENT OF ACTING American Catholic bishop, Archbishop PRESIDENT PRO TEMPORE after they were born, and provided reli- John Carroll, making his words my gious instruction and first communion own. The PRESIDING OFFICER. The to my older daughter, Grace. Let us pray. clerk will please read a communication In addition to being a great spiritual We pray that You, O God of might, to the Senate from the President pro leader, Father Fluet has long dedicated wisdom and justice, through whom au- tempore (Mr. INOUYE). thority is rightly administered, laws The assistant legislative clerk read himself to the study of our Nation’s are enacted, and judgment decreed the following letter: history and particularly to the history would assist, with your Holy Spirit of U.S. SENATE, of New England. Ever the consummate counsel and fortitude, the President of PRESIDENT PRO TEMPORE, scholar, Father Fluet was awarded a these United States; that his adminis- Washington, DC, November 30, 2010. doctorate in American History by tration may be conducted in righteous- To the Senate: Clark University in 2002, taught West- Under the provisions of rule I, paragraph 3, ness, and eminently useful to Your peo- of the Standing Rules of the Senate, I hereby ern Civilization and World History as ple over whom he presides; by encour- appoint the Honorable AL FRANKEN, a Sen- an adjunct professor at Quinebaug Val- aging due respect for virtue and reli- ator from the State of Minnesota, to perform ley Community College in Danielson, gion; by a faithful execution of the the duties of the Chair. CT, and even published a history of the laws of justice and mercy; and by re- DANIEL K. INOUYE, Diocese of Norwich. straining vice and immorality. President pro tempore. Let the light of Your divine wisdom Mr. FRANKEN thereupon assumed But beyond his love of history, Fa- direct the deliberations of Congress, the chair as Acting President pro tem- ther Fluet has always, first and fore- and shine forth in all the proceedings pore. most, demonstrated an unshakeable and laws framed for our rule and gov- The ACTING PRESIDENT pro tem- commitment to his flock and the peo- ernment, so that they may tend to the pore. The Senator from Connecticut. ple of our community. He is a wonder- preservation of peace, the promotion of f ful human being, and I am confident national happiness, the increase of in- that Saint Bridget of Kildare will con- WELCOMING THE GUEST dustry, sobriety, and useful knowledge; tinue to be blessed for years to come by CHAPLAIN and may perpetuate to us the blessings Father Fluet’s dedicated spiritual lead- of equal liberty. Mr. DODD. Mr. President, it was a ership. We recommend likewise, to Your great honor to have Father Gregoire unbounded mercy, all our brethren and Fluet, my parish priest in East Once again, I would like to reiterate fellow citizens throughout the United Haddam, CT, provide the opening pray- what a true honor it has been to listen States, that they may be blessed in er this morning. I thank him im- to Father Fluet’s words this morning. Your most holy law; that they may be mensely for his words. Reaching back Thank you for taking the time to be preserved in union, and in that peace to Archbishop Carroll was a wonderful here today, Father Fluet. But most of which the world cannot give. Great way to begin the session. all, thank you for everything you have God, make of us a virtuous people, and Father Fluet is not only my parish done over the years for the people of allow us to walk always in Your love. priest, Mr. President. He is a dear our community.

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

S8257

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VerDate Mar 15 2010 01:05 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.000 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8258 CONGRESSIONAL RECORD — SENATE November 30, 2010 RECOGNITION OF THE MAJORITY RECOGNITION OF THE MINORITY Selling bad economic policy to the LEADER LEADER American people is not an acceptable The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- alternative to creating an environment pore. The majority leader is recog- pore. The minority leader is recog- that will put people back to work and nized. nized. help spur the economy. f We have heard a lot of chatter here f in Washington lately about the nego- SENATOR CHRIS DODD WHITE HOUSE SUMMIT tiations that are expected to take place Mr. REID. Mr. President, the good Mr. MCCONNELL. Mr. President, on this looming tax hike in the weeks priest has a wonderful person as one of congressional leaders of both parties ahead—on how to prevent it. How his parishioners, someone we all look will meet with the President at the about we start with this: the beginning up to, someone we will miss dearly. For White House today to talk about the and end of any negotiation shouldn’t be me, it is a personal loss. He is very work we have to do before the end of what is good for any political party. It proud of his religion. Obviously, the the year and, hopefully, about the should be what is good for the economy guest Chaplain is one reason. things we can do together to foster the and for the American people. An if we Mr. MCCONNELL. Will the majority right conditions for businesses to start leave the politics aside, if we look at leader allow me to make an observa- investing again and creating jobs. the facts, the answer here is simple: no tion? Americans are watching the eco- tax hikes on anybody—period. Mr. REID. Of course. nomic drama that is playing out in Eu- So the question isn’t what is best for Mr. MCCONNELL. Mr. President, I rope. They expect us to read the signs the economy and jobs—the answer to had the opportunity to meet the father of the times and work together to that is obvious. The question is when in the hall. I expressed to him my ad- make sure that we avoid a similar cri- will our friends on the other side get miration for Senator DODD. In fact, I sis here, that we don’t walk right into serious about either one. said he was my favorite Democrat. We the same problems through a lack of It has been reported that the author are indeed going to miss Senator DODD will or political courage. of the $1 million proposal ran it in the Senate in the coming years. I The American people expect us to put through a focus group to see how it thank him for being with us this morn- the national interest ahead of party in- polled. This is precisely the kind of ing. terest. And, frankly, that is why it has thing Americans are telling us to put been so distressing for many of us to aside. The election was a month ago. It f watch our Democrat friends grope for a is time to move on. It is time to work SCHEDULE clear and unified position on whether together on the priorities Americans or not to raise taxes in the middle of a Mr. REID. Mr. President, after any want us to address. recession. leader remarks, the Senate will resume Republicans have heard the voters One would think that this issue consideration of the food safety bill. loud and clear. They want us to focus would be simple and straightforward. on preventing a tax hike on every tax- There will be 2 minutes for debate prior Economists say that preventing a tax a series of three rollcall votes. We will payer, on reining in Washington spend- increase is one of the most important ing and on making it easier for employ- have the Coburn motion to suspend things Congress can do to help the rule XXII for the purpose of proposing ers to start hiring again. That is why economy. And the voters ratified that Republican leaders are reiterating our and considering Coburn amendment view earlier this month by sending can- No. 4697, a Coburn motion to suspend offer to work with anyone, from either didates from both parties to Wash- party, who is ready to focus on prior- rule XXII for purposes of proposing and ington who vowed not to raise taxes considering Coburn amendment No. ities like these. once they got here. The day after the election, the Presi- 4694, and then passage of this most im- But our Democrat friends are appar- dent acknowledged that ‘‘the over- portant bill, the food safety bill. ently still reluctant to draw any clear whelming message’’ of the voters Upon disposition of the food safety lessons from the election. With mil- ‘‘[was] that . . . we want you to focus legislation, there will be a period of lions of American households staring completely on jobs and the economy.’’ morning business, with Senators per- at the imminent prospect of smaller mitted to speak for up to 10 minutes paychecks in just a few short weeks That is the same message Repub- each, and the Senate will recess from unless Congress does something, Demo- licans will bring to the White House 12:30 to 4 p.m. to allow for party caucus crats are still searching for a solution today. meetings. They are a little longer that enables them to benefit politi- And that is why there is no reason we today than normal because of organiza- cally—regardless of what it does to the shouldn’t be able to reach an agree- tional things we are working through. economy or to families. ment on taxes soon. At 4 p.m. today, Senator DODD will be Just take the latest proposal. It is unclear how long our friends recognized to give his farewell speech Some Democrats now say they only across the aisle will continue to resist to us and the country. want to raise taxes on businesses that the message of the election and cling f make more than $1 million a year. to the liberal wish list that got us a Where did that number come from? job-killing healthcare law, a ‘‘cap-and- MEASURE PLACED ON THE Well, it turns out this figure has no trade’’ national energy tax, an out-of- CALENDAR economic justification whatsoever. No- control spending spree, million more Mr. REID. Mr. President, S. 3985 is at where will we find a study or survey jobs lost, trillions more in debt, but the desk and due for a second reading. which indicates that raising taxes on not a single appropriations bill to fund The ACTING PRESIDENT pro tem- small businesses with over $1 million in the government or a bill to prevent the pore. The clerk will read the title of income will create jobs or help spur the coming tax hikes. the bill for the second time. economy. With just a few weeks left before the The assistant legislative clerk read In fact, the author of this proposal end of the year, they are still clinging as follows: freely admits it isn’t an economic pol- to the wrong priorities—instead of pre- A bill (S. 3985) to amend the Internal Rev- icy proposal at all, but rather one that venting a tax hike, they want to focus enue Code of 1986 to extend certain expiring was designed to provide better political on immigration and don’t ask, don’t provisions, and for other purposes. messaging—an astonishing admission. tell—and, maybe, if there is time left, Mr. REID. Mr. President, I object to Let us get something straight. Mil- see what they can do about jobs and any further proceedings with respect to lions of out-of-work Americans don’t the economy. this legislation. want a message. They want a job. Mil- Indeed, their entire legislative plan The ACTING PRESIDENT pro tem- lions of struggling families trying to for the rest of the lame duck session pore. Objection is heard. make ends meet don’t need the Demo- appears to be to focus on anything ex- The bill will be placed on the cal- crat messaging to improve; they need cept jobs, which is astonishing when we endar. the economy to improve. consider the election we have just had.

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.001 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8259 Republicans aren’t looking for a This kind of transparency is vir- Army Corps continues to underfund fight. We are appealing to common tually unprecedented, and I think it is this important work, only the action of sense and a shared sense of responsi- an effort to overcome some of the em- Congress can prevent an economic dis- bility for the millions of Americans barrassing episodes which occurred pri- aster. who are looking to us to work together marily in the House of Representatives I would argue that each of these ex- not on the priorities of the left, but on under the other party’s leadership, penditures is important and necessary. their priorities. And those priorities where people literally went to jail be- But the wisdom or folly of these deci- are clear. cause of abuse of the earmark process. sions lies in the merits of the projects Together, we must focus on the I believe I have an important respon- themselves, not in the manner by things Americans want us to do—not sibility to the State of Illinois and the which they were funded. Allowing the on what government wants Americans people I represent to direct Federal Congress to make these decisions al- to accept. There is still time to do the dollars into projects critically impor- lows the voters to judge them on their right thing. The voters want us to show tant for our State and its future. What own merits, to reward their representa- that we heard them, and Republicans the Senator from Oklahoma is setting tives when they make wise choices, and are ready to work with anyone who is out to do is to eliminate that option. to render judgment in the voting booth willing to do just that. The ACTING PRESIDENT pro tem- when they do not. I yield the floor. pore. The Senator’s time has expired. Senator COBURN is rightly concerned f Mr. DURBIN. I hope my colleagues about the long-term fiscal condition of will join me in opposing the Coburn the government. But it has been re- RESERVATION OF LEADER TIME motion. peatedly pointed out, despite the fic- The ACTING PRESIDENT pro tem- Mr. LEVIN. Mr. President, Senator tion surrounding this issue, that this pore. Under the previous order, the COBURN has proposed an amendment to amendment would do nothing to im- leadership time is reserved. the badly needed food safety legisla- prove our fiscal situation. Year after f tion now before the Senate that seeks year, Congress works within the top to end congressionally directed spend- FDA FOOD SAFETY line of budgets submitted by the Presi- ing, or earmarks. Senator COBURN de- MODERNIZATION ACT dent, readjusting priorities without in- scribed his amendment as an attempt creasing total spending. For this rea- The ACTING PRESIDENT pro tem- to get spending under control, but it son, the Coburn amendment would not pore. Under the previous order, the fails the test of accomplishing that reduce spending levels; it would simply Senate will resume consideration of S. goal and fails to meet Congress’s con- shift greater authority for deciding 510, which the clerk will report. stitutional obligation to exercise the how money is spent from the legisla- The assistant legislative clerk read power of the purse. tive branch to the executive. as follows: Article I, section 9 of the Constitu- There are two ways to close our fis- A bill (S. 510) to amend the Federal Food, tion of the United States places the cal gap. We can reduce spending or we Drug, and Cosmetic Act with respect to the power of Federal spending in the Con- can increase revenue. Banning congres- safety of the food supply. gress, the branch of government most sionally directed spending does nei- Pending: directly connected to the people. The ther. It would create the impression Reid (for Harkin) amendment No. 4715, in power of the purse is great, and there- that we have taken a step toward fiscal the nature of a substitute. fore accountability for the exercise of responsibility, without making any of Coburn motion to suspend rule XXII of the that power should be great as well. the difficult choices that reducing the Standing Rules of the Senate, for the pur- Our greater responsiveness in Con- poses of proposing and considering Coburn deficit will require. I applaud Senator amendment No. 4696. gress to immediate public needs is es- COBURN’s desire to address our debt. Coburn motion to suspend rule XXII of the sential. If the Coburn amendment But this measure fails to do so and in Standing Rules of the Senate, for the pur- passes, we would be barred from bring- the process abdicates our constitu- poses of proposing and considering Coburn ing that judgment to bear on some of tional responsibilities. So I will oppose amendment No. 4697. the most pressing issues of the day. In- this amendment and urge our col- The ACTING PRESIDENT pro tem- stead, the executive branch—which is, leagues to do the same. pore. Under the previous order, there in practice, the most bureaucratic and Mrs. FEINSTEIN. Mr. President, I will now be 2 minutes of debate equally least responsive branch—would control rise today in opposition to the Coburn- divided and controlled between the these decisions. For example, under McCaskill amendment, which would Senator from Oklahoma, Mr. COBURN, Senator COBURN’s proposal, only the impose a 3-year moratorium on ear- and the Senator from Hawaii, Mr. executive branch would have the power marks. INOUYE. to initiate funding for disaster relief. This amendment is a direct attack on The Senator from Illinois. Measures to appropriate funds in re- the authority vested in the Congress to Mr. DURBIN. Mr. President, in the sponse to disasters would be prohibited determine how Federal funds are spent, absence of Senator INOUYE, I ask unani- because they would dedicate funding to despite the fact that this power is mous consent to speak on his behalf for specific locations. So, had this measure clearly established in Article I of the the 1 minute allocated. been in place when Hurricane Katrina U.S. Constitution. The ACTING PRESIDENT pro tem- struck the Gulf Coast, Congress would I, for one, take great exception to pore. Without objection, it is so or- have been powerless to react. Simi- this attack. It would set a dangerous dered. larly, had this restriction been in place precedent, in my view, to simply turn MOTIONS TO SUSPEND when a Mississippi River bridge col- over a blank check to the executive Mr. DURBIN. Mr. President, I am lapsed in Minnesota in 2007, Congress branch and undermine the power that going to vote today against the Coburn could not have appropriated the $195 the Constitution grants Congress. effort to change our rules relative to million it set aside for repair and re- What if an administration is not fo- earmark legislation. construction. cused on the needs of a particular I wish to tell you, as a member of the This measure also would prevent State, perhaps because that State Senate Appropriations Committee, we Members from addressing the urgent didn’t vote for that President? have put in place what I consider to be needs of our communities. I and other For years I have fought for funding of the most dramatic reform of this ap- Members from Great Lakes States have flood control in Sacramento. Sac- propriations process since I have served urged the Army Corps of Engineers and ramento is one of the most endangered in Congress. There is full disclosure, in other agencies to address the growing cities in the country when it comes to my office, of every single request for an threat that Asian carp will make their catastrophic risk of flooding. Neither appropriation. We then ask those who way from the Mississippi River water- Democratic nor Republican adminis- have made the request for the appro- shed into the Great Lakes. These trations have requested sufficient fund- priation to have a full disclaimer of invasive species of fish would devastate ing for the flood control improvements their involvement in the appropriation the lakes, doing enormous harm to our that will protect lives and property in so it is there for the public record. States’ economies. So long as the that community.

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.008 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8260 CONGRESSIONAL RECORD — SENATE November 30, 2010 As the Senator elected to represent to appropriate taxpayer dollars is folly. commercial traffic is calculated. How- the people behind those levees, A knee-jerk reaction that tips the bal- ever, when the sport fishery impact is shouldn’t I be able to fight for the ance of power toward the executive included it makes the calculation dif- funding, whether or not the President branch is not the solution. ferent. Further, if the fish processing agrees? I was elected by the people of Let me say this: I am open to further plant reliant on the commercial fish- California to represent the needs of reform if it will make the process even ery is the largest employer in the coun- California. And the people of Sac- more transparent. ty that makes a difference. ramento certainly believe they need The House of Representatives already While the formula may not capture flood control. This is my duty as a Sen- bans earmarks to most private firms, these facts and thus the project fails to ator. Isn’t that why we have a Con- and I would support doing so in the make the President’s budget request, gress? Senate. the areas congressional members and As a coequal branch of government, I believe the best use of earmarks is senators will know the facts and seek we shouldn’t be forced to approach the to provide funding for projects that are to modify the budget. administration with our hat in hand essential to the public good, such as There was a recent news article using every time we believe something needs water infrastructure improvements in a Missouri project as an illustration of to be done. a city such as East Palo Alto that can- this debate. The project was not re- Another flaw in this amendment is not provide clean water to its residents quested in the budget and the senior the well-trod idea that it will save this without a funding share from the Fed- Senator from Missouri rectified this country money. Simply put, that is in- eral Government, or interoperable fact by adding an earmark. correct. communications equipment in Contra The junior Senator from Missouri is Discretionary spending is a popular Costa and Alameda Counties, which quoted in this article saying the target to attack. But the truth is that can be used when an earthquake or project would have been funded with- earmarks make up less than one-half of other catastrophe strikes. out such an earmark if funding had not a percentage point of all Federal spend- I believe this amendment is wrong been diverted to less worthwhile ear- ing. for the Senate, it is wrong for our marks. I am sorry, but there is no basis Earmarks are not the problem, so States, and it is wrong for the people for the junior Senator’s claim. banning earmarks is not the solution. we come here to serve. We have no idea what the adminis- The real problem is entitlement Handing over a fundamental respon- tration will send up in the budget. A spending. But tackling entitlement re- sibility to the executive branch, at a very worthwhile project may come for- form is neither easy nor popular. So, savings of zero dollars to the taxpayer, ward and it may not. And the reverse instead, we attack earmarks. It sounds is not the solution. Continued reform may be true. The administration may good, and it gets applause. But we all of a process that is important to so send up a project that is not currently know that it doesn’t solve the problem. many of our communities is the better justified. This amendment won’t save this alternative. During the George W. Bush adminis- country one penny. It will merely shift Mr. DORGAN. Mr. President, I rise tration the budget request one year in- the power of the purse from Congress today to speak against the Coburn cluded construction funding for a Corps to the White House and executive agen- amendment that would impose a 3-year of Engineers project. The problem was cies. moratorium on Congress’ constitu- the chief engineer’s report was not If you want to reduce discretionary tional responsibility to direct the completed yet because the studies were spending, it must be done through the spending of the Federal Government. still on-going. Thus there was no way budget process. The amendment in question pro- for the administration to know based I am also concerned about the proc- pounds a problem that doesn’t exist, a upon any objective criteria whether ess the Coburn-McCaskill amendment solution that resolves nothing, and an the project should move into the con- sets forth for waiving this new rule. argument that is factually baseless. struction phase. Rather than putting into effect a tra- This amendment will not lead to def- ditional budgetary point of order, icit reduction. In fiscal year 2010, con- While the project may have proved to which requires a three-fifths vote to gressionally directed initiatives make be worthy there was no objective basis waive, this amendment calls for a two- up less than one-half of 1 percent of for the administration making that as- thirds vote. total Federal spending. sessment at that time. The fact is the This means that if this amendment is With total spending at $3.5 trillion it administration added the project out of approved, funding a public works is irresponsible to tell the American some political calculation, not an ob- project would require the same number people that congressionally directed jective calculation. of votes as constitutional amendments, spending of one-half of 1 percent of this Let me provide some facts on ear- impeachments, treaties, or the expul- total amount is the cause of our coun- marks using the civil side of the Corps sion of Senators. try’s deficit problem. of Engineers and the Bureau of Rec- Why should the question of an ear- Mathematically it is incorrect and lamation which have two of the most mark rise above the three-fifths re- mechanically it is incorrect. Doing highly earmarked budgets of any Fed- quirement to invoke cloture on the away with congressionally directed ini- eral agency due to the way projects are very bill containing the earmark? tiatives does not guarantee deficit re- authorized and appropriated. Finally, this amendment disregards duction—it guarantees members of the For fiscal year 2010, the President the significant reforms that have al- administration will make all the fund- proposed spending $6.2 billion for these ready taken place to make the process ing decisions. two agencies. In his request the Presi- transparent. Inherent in the arguments of the dent proposed 1,184 individual line Since Democrats regained control of amendment’s supporters is the conten- items valued at $4.8 billion based on the Senate, the following reforms have tion that projects and activities se- criteria of his choosing. This criteria is been enacted: Members must publicly lected by the administration are supe- not based in law nor was the criteria certify that they have no private inter- rior. The argument seems to rely on coordinated with anyone outside of the est in earmarks they request. Members the notion that there is some objective administration. must post their earmark requests on formula used by the administration to The criteria was developed to ‘‘get the internet. Every bill with earmarks select the best and most worthy the biggest bang for the buck’’ but how includes a table listing the Senators projects to fund. This is false. do we know that? Just because that is who made the requests. This is the The fact is even in programs where what the administration says. most transparent earmark process some formula may be used, such as a Upon my review of the budget re- ever, and I believe the reforms have cost-benefit ratio formula, the formula quest, I was convinced that the admin- worked. is not necessarily perfect and can often istration had left many priorities un- The earmark process has been abused fail to capture all the facts. funded. That is why in preparing the in the past, but I firmly believe that A small port dredging project may fiscal year 2010 Energy and Water ap- eliminating the discretion of Congress not look worthwhile when just the propriations bill, the subcommittee of

VerDate Mar 15 2010 01:05 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.005 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8261 which I am the chair, we used the cri- There will be no disclosure of these I am proud to say that I have helped teria established in law to determine phone calls and meetings. We will not fund hundreds of local priorities across what projects were eligible for funding. know if any trades have been made in my home State of California: priorities Further, we gave particular credence exchange for project support. that have helped build safer roads, in- to funding ongoing work. It is not pru- Why would we give up sunlight and creased commerce, prevented homes dent to fund a construction project in accountability for darkness and from flooding, improved health care one year and not fund it in the next. unaccountability? services, spurred job creation and Yet the administration did not propose Let me close by reiterating the basic helped veterans recover from combat funding for more than 175 ongoing con- points. injuries. struction projects that were funded in First, this amendment will not re- I oppose the motion to suspend the fiscal year 2009. duce the deficit. At less than one-half rules and allow for consideration of the These termination costs were not ac- of 1 percent of total spending congres- Coburn amendment. counted for in the budgets that the sionally directed spending is simply Mr. LEAHY. Mr. President, I rise agencies provided to Congress. The not going to make a difference, par- today to express my opposition to the Corps or the Bureau of Reclamation ticularly when that funding will be left Coburn amendment. The legislative cannot walk away from a construction for the administration to direct its al- branch has a constitutional duty to site because they are not funded for location. make modifications and adjustments that project. They would have to repro- Second, there is no objective formula to the budget for the Federal Govern- gram funds from other projects to that makes sure funding goes to the ment. As a U.S. Senator and a member make the site safe for the public until most worthwhile projects. It simply of the Appropriations Committee, I it was funded again. doesn’t exist. The Constitution gives take very seriously the responsibility Funding projects in this manner Congress the power of the purse. This of the Senate to help craft the annual delays completion of the projects, in- ensures the President’s power is Federal budget. Members of Congress creases the costs and defers the bene- checked and assures Federal elected of- have a duty to their constituents to fits that these projects provide to the ficials closest to the people are making preserve their role in working with the national economy. these decisions. It is absurd to give to executive branch, whether Democratic For fiscal year 2010, Congress pro- an unelected bureaucracy that may or Republican, about how, where, and vided $6.58 billion for the COE and the never have been in your state the final in what manner Federal dollars are Bureau of Reclamation. Congress di- decision on what projects to fund. Third in project based accounts such spent. rected $817 million of this total fund- The U.S. Constitution gives the re- as the Corps of Engineers the adminis- ing. All of this directed funding was sponsibility of spending and taxation tration already earmarks the vast ma- disclosed in the required disclosure ta- to the Congress, not to unelected bu- jority of projects funded. Congress is bles in the report that accompanied the reaucrats in the executive branch. The bill. not abusing the power of the purse. notion that individuals who are com- Let me list just a few projects that Lastly, we have greater transparency pletely unaccountable to the American would not be funded in fiscal year 2011 today on congressionally directed if we enacted the President’s budget re- spending than ever before. If we do people will make spending decisions quest as proposed: away with this transparent process we undermines the most basic principle of Blue River Basin flood control will be left with a dark, unknown proc- democracy. Instead, the Founding Fa- project in Missouri; Swope Park Indus- ess of congressional Members, con- thers correctly put this burden on the trial Area flood control project in Kan- stituent groups, and lobbyists seeking shoulders of individuals who have to sas City, MO; the Puget Sound and Ad- to influence the administration. We answer to voters at the ballot box. jacent Waters Environmental Restora- should not trade transparency for Over the last few months, and par- tion project in Washington; the darkness. ticularly in the days since the election, Charleston Harbor, SC, navigation Mrs. BOXER. Mr. President, I oppose some Members of Congress and Mem- deepening study; the Virginia Beach, the Coburn amendment to impose a 3- bers-elect have been tripping over VA, hurricane protection project; and year moratorium on spending for local themselves to take a stronger position the Western Sarpy and Clear Creek, priorities, or ‘‘earmarks.’’ Those who in opposition to so-called earmarks. NE, flood control project. support this amendment claim that it Proponents of this amendment claim For that last project in Nebraska, will help reduce the deficit and put us that it targets earmarks. I would argue the funds proposed in the fiscal year on the path to fiscal responsibility. otherwise. This amendment strikes at 2011 Senate report would complete the This is just incorrect. the heart of the balance that our project, yet it did not make it into the Eliminating earmarks would not re- Founding Fathers established between President’s budget. Imagine these ob- duce spending and does nothing to de- the executive and legislative branches jective criteria that the administration crease the deficit. This amendment of our government. uses would leave the completion of a would merely transfer spending author- Every single State would be short- fully authorized and economically jus- ity away from elected members of Con- changed by the proposed moratorium tified construction budget for another gress to the executive branch. on earmarks. The Founders knew bet- year. The Coburn amendment would strip ter. They knew that a Washington bu- I must also mention the issue of elected leaders’ ability to direct fund- reaucracy would not always make deci- transparency. Today all Member re- ing to their constituents’ priorities. We sions that were best for country, in- quests are available on line for public should all agree that elected Members cluding people working and living in review. All Members must certify that of Congress have a much better under- small towns and big cities across they and their family have no pecu- standing of what is needed in our cities America. niary interest in these projects. and towns, and across our States than That also includes making better de- If there are legitimate proposals on those sitting in Washington, DC. cisions for the men and women who further improving transparency then I In addition, since 2006, Democrats serve in our military. There is no bet- am sure they will be given consider- have instituted a series of major re- ter example than the National Guard ation, but as of today the public knows forms that have made earmarks more and Reserve Equipment Account. Re- who is backing the projects we fund. transparent than ever, and have re- publican and Democratic administra- There is accountability and there is duced earmark levels by 50 percent. tions alike have short-changed the sunlight. Members of Congress are now required Guard equipment budget for decades I fear that if Congress cedes its au- to list their names next to requested and have done so even as the Guard has thority to direct spending then we will projects and to post all requests on been called to provide as much as half go back to a time when Members, staff, their official Web site. Through these of the troops needed for operations in and entities outside of the Federal initiatives Congress has taken signifi- Iraq and Afghanistan. Without the Na- Government will begin to pressure the cant steps to improve transparency and tional Guard and Reserve equipment administration and bureaucracy on allow for greater scrutiny of these re- account, our National Guard units getting specific projects funded. quests. would still be going into battle without

VerDate Mar 15 2010 01:05 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.002 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8262 CONGRESSIONAL RECORD — SENATE November 30, 2010 equipment like body armor and blast- Clearly, there is more we can do to we face as a nation. It is clear that we protected vehicles. Congress insisted improve this process and I will con- will need to make very tough decisions on providing funding to our National tinue to push for necessary reforms. in the coming years to restore fiscal re- Guard and that has saved countless However, I believe that congressional sponsibility and get our nation on a lives and enabled them to carry out appropriations help provide much- path towards strong growth. Yet the their missions more effectively. needed resources for important pro- Coburn amendment would not direct Adopting this amendment is a vote grams and projects across my State. any savings from the elimination of for less transparency. It is a vote for All of the projects I sponsor are based earmarks to be used for deficit reduc- backroom dealing and less sunlight on on Minnesota constituent requests and tion. how decisions regarding Federal spend- are available for the public to review. We need a serious commitment to ing are made. One need only look back Many of the requests I receive come deficit reduction, and I believe we need to when Congress has in the past failed from my visits to all 87 counties in real reforms. I look forward to the re- to pass the appropriations bills and the Minnesota every year. A local mayor port by the President’s National Com- government operated under a con- will show me a busy road that children mission on Fiscal Responsibility and tinuing resolution for the year. Federal in the community must cross many Reform and others who are taking a spending did not go down by a single times a day to reach their school and comprehensive look at government dime. Instead, unelected administra- baseball fields. And the mayor will ask spending. It is my hope that we can tion appointees made decisions on me to request funds to help build an come together to consider these rec- which projects they wanted to see underpass that will allow these kids to ommendations carefully and reduce our funded. safely get to school and their games. nation’s debt. It is my hope that before the next Or a sheriff will show me how the I am committed to serious fiscal dis- Congress a measure of sanity returns local law enforcement’s outdated com- cipline, and will continue to support to discussion of the Federal budget. Ev- munications equipment interferes with real reforms to increase transparency eryone agrees that we must make seri- emergency response and endangers to the appropriations process. ous changes to our Federal balance lives. And the sheriff will ask me to Mr. VOINOVICH. Mr. President, I sheet and bring our fiscal house in earmark funds to upgrade the depart- rise today to express my opposition to order. But it was not earmarks that ment’s radios. the moratorium on earmarks that has created our alarming Federal debt. In my State of Minnesota, we remem- been proposed by many of my col- Eliminating earmarks is not going to ber all too well how on August 1, 2007, leagues. get our fiscal house in order. Instead it the I–35W bridge across the Mississippi We have done a lot of crusading is going to expand the power of the ex- River in Minneapolis collapsed without around here against these so-called ecutive branch and its employees. It warning. After we mourned the loss of earmarks, or congressionally directed also rolls back all of the transparency 13 lives and the shock of the disaster spending items, in our appropriations that Congress has embedded into its had subsided, we got to work with bills. They are often criticized by Mem- budget process. enormous task of constructing a new bers of Congress when discussing the bridge. unsustainable fiscal path of the Fed- Congress and the administration I worked hard with my colleagues in eral Government or its irresponsible need to work together to address our the Senate, especially Majority Whip overspending of taxpayers’ dollars. Federal deficit. Adopting this amend- DICK DURBIN, Transportation Appro- But my colleagues who oppose the ment banning earmarks is a publicity priations Chairman PATTY MURRAY and use of earmarks miss the point. Ear- stunt that has serious ramifications Senator Norm Coleman, to provide up marks, whether good or bad, are not that actually moves our country in the to $195 million in funds to help with the problem with our government. Ac- wrong direction toward solving our the cost of constructing a new bridge. cording to data from the Congressional problems in an open and constructive Under Senator COBURN’s amendment, Research Service and the Congres- way. this funding would be considered an sional Budget Office, in fiscal year 2010 Ms. KLOBUCHAR. Mr. President, I earmark, and Minnesota would have earmarks accounted for 0.009 percent of rise today to discuss the amendment been left looking for other ways to re- the Federal budget. That is nine one- offered by the senator from Oklahoma cover from this tragic event. thousandths of 1 percent. Total ear- that would prohibit congressionally Earmarks have done more than build marks amounted to $32 billion, while designated spending items from being bridges in Minnesota. Earmarks have the entire Federal budget was over $3.5 included in any authorization, appro- provided critical funding to the Min- trillion. And by the way, I would like priations, or other bill for 3 years. nesota National Guard’s to point out that the President-himself I firmly believe the appropriations groundbreaking ‘‘Beyond the Yellow requested $22 billion in earmarks. process needs to be changed. I have Ribbon Program,’’ which is nationally But the biggest threat we face as a supported strong reforms to increase recognized for the assistance it pro- nation is not a special request for this transparency and accountability, and vides our service men and women who or that project. The biggest threat we have pushed hard for these necessary bravely served our nation and are now face is an unsustainable fiscal course reforms while ensuring that my State transitioning to civilian life. caused by explosive and unchecked of Minnesota is not put at a competi- Congressionally directed projects growth in entitlement spending and no tive disadvantage. protect communities against annual money to pay for it. We have got an In fact, before being sworn in as a flooding across my State from Roseau outdated tax code that does not suffi- U.S. Senator, I promised Minnesotans in the north to Moorhead in the west to ciently encourage economic growth, that I would fight to fund their prior- Owatonna in the south. And congres- and a skyrocketing national debt that ities in an open manner and pledged to sionally initiated spending funds an in- puts our credit-rating is serious jeop- include these requests on my official novative program in Stearns County, ardy. In fiscal year 2010, entitlement Web site. At that point in time, the Minnesota to help protect women and spending accounted for 55 percent of posting of requests online was not a children who have been the victims of the budget, compared with the 0.009 rule of U.S. Senate. domestic violence, provides much-need- percent for earmarks I just referred to. Since arriving in the Senate, I have ed resources to improve law enforce- Now, I will say that I do agree with supported several important reforms to ment communication and interoper- much of the criticism expressed in this how Congress directs spending. I have ability, and is building a new highway chamber over bad earmarks. I don’t voted for limitations on earmarks, in- interchange in Blue Earth County, MN, support wasteful use of any taxpayer cluding voting to ensure that American that will improve safety and ease con- money, especially for egregiously use- Recovery and Reinvestment Act funds gestion while helping generate eco- less projects that my colleagues often would be competitively bid. I also nomic development. highlight as examples of why we should voted to rescind funds directed to cer- Congressionally initiated spending eliminate earmarks altogether. tain transportation projects that have cannot be discussed without also con- But why throw out the baby with the not been spent. sidering the grave financial situation bathwater? Certainly there is both

VerDate Mar 15 2010 01:05 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.009 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8263 good and bad government spending. I and the future of our children and having voted in the affirmative, the support the kind of government spend- grandchildren. This is why for over 5 motion is rejected. ing that facilitates activity that is years I have worked to create a com- Under the previous order, the ques- helpful to my State of Ohio and to our mission to solve our Nation’s real fis- tion is on the Coburn motion to sus- national economy: transportation and cal problems, and why I hope that the pend the rules with respect to amend- infrastructure, for example. And I am commission created by the President ment No. 4696. There will be 2 minutes perfectly willing to defend that kind of can produce a final legislative proposal of debate equally divided prior to the spending and let the public decide that will effectively address our un- vote. whether my decision to help build checked entitlement growth, our out- Who yields time? The Senator from roads and bridges in Ohio is an out- dated and overly complex Tax Code, Iowa. rageous—or a proper—function of Fed- and return our Nation to a sustainable Mr. HARKIN. Mr. President, we are eral Government. The Senate appro- fiscal path. rapidly approaching the final vote on priations earmark process is trans- The ACTING PRESIDENT pro tem- the Food Safety Modernization Act. parent, and I welcome the public re- pore. Under the previous order, the For the first time in seven decades, the view of the projects I support, which I question is on agreeing to the Coburn Congress has addressed this issue. It find constructive especially for hard- motion to suspend the rules with re- has taken several years to get to this working, economically challenged fam- spect to amendment No. 4697. point. We have had involvement from ilies in Ohio. Mr. GRASSLEY. I ask for the yeas Republicans and Democrats, from the The truth is Congress has a constitu- and nays. business community, and from the con- tional obligation to determine how the The ACTING PRESIDENT pro tem- sumers groups. It is widely supported Nation spends its money. Banning ear- pore. Is there a sufficient second? by both the business sector and the marks cedes this power to unelected There appears to be a sufficient sec- consumer groups. We have had good bi- Federal bureaucrats in the administra- ond. partisan support on this bill with Sen- tion. Congress should not be criticized The yeas and nays are ordered. ator ENZI and others on our committee. for spending money, but only for spend- The clerk will call the roll. This is the product of a long effort to ing it wastefully or irresponsibly, be it The assistant legislative clerk called reach the compromise we needed to get through earmarks or other spending. the roll. good legislation through. But the media loves to single out ear- Mr. DURBIN. I announce that the The vote we are about to have now is marks; they are hoodwinking people Senator from California (Mrs. BOXER), on a substitute offered by my friend, into thinking that by cracking down the Senator from Maryland (Ms. MI- the Senator from Oklahoma. This sub- on earmarks, Congress is doing some- KULSKI), and the Senator from New stitute would basically kill all of this thing responsible to solve this looming Hampshire (Mrs. SHAHEEN) are nec- work we have done. It eliminates a lot fiscal crisis staring us in the face. It’s essarily absent. of the provisions we have in this bill, a disingenuous approach. And Congress Mr. KYL. The following Senators are such as the preventive control provi- is fooling the public by pretending that necessarily absent: the Senator from sions that I think is one of the most earmarks are the problem, when the Missouri (Mr. BOND) and the Senator important parts of this bill, to get pre- real issues are spending and tax and en- from Kansas (Mr. BROWNBACK). ventive measures in and to prevent the titlement reform. The PRESIDING OFFICER (Mr. BEN- contamination of food in the first It is interesting to note that many of NET). Are there any other Senators in place. my colleagues who are so strongly op- the Chamber desiring to vote? It also eliminates the important posed to earmarks voted against the The yeas and nays resulted—yeas 39, trace-back provisions that we have in Conrad-Gregg fiscal commission that nays 56, as follows: this bill that we have worked on on a could very well have forced Congress to [Rollcall Vote No. 255 Leg.] bipartisan basis. It would eliminate the act upon tax and entitlement reform YEAS—39 important foreign supplier verification recommendations. How could one be so provisions which say they have to Alexander Ensign McCain outspoken against earmarks in the Barrasso Enzi McCaskill verify that the food coming into this name of fiscal responsibility and then Bayh Feingold McConnell country is the same as this. oppose the commission that would pro- Bennet Graham Nelson (FL) I ask Senators to reject the sub- pose reforms to the tax code and enti- Brown (MA) Grassley Risch stitute. Bunning Gregg Roberts tlements in order to put the country on Burr Hatch Sessions The PRESIDING OFFICER. The Sen- a fiscally sustainable path? Chambliss Hutchison Snowe ator from Oklahoma is recognized. So if my colleagues want to dem- Coburn Isakson Thune Mr. COBURN. Mr. President, Senator Corker Johanns Udall (CO) ARKIN onstrate true fiscal responsibility, if Cornyn Kirk Vitter H and many on the HELP Com- they admit that earmarks they have Crapo Kyl Warner mittee have worked hard on the bill supported in the past are good use of DeMint LeMieux Wicker that is before us. But it has fatal flaws, tax dollars, and if they admit that ban- NAYS—56 especially at a time when there is a $14 ning earmarks would cede this control Akaka Gillibrand Murkowski trillion debt and a $1.3 trillion deficit, of spending from Congress to the ad- Baucus Hagan Murray and it doesn’t fix the real problem. We ministration, then why take such a Begich Harkin Nelson (NE) can spend $1.4 billion in this bill. We blunt approach? Why don’t we take Bennett Inhofe Pryor can cause food prices to go up at least Bingaman Inouye more thoughtful and nuanced steps Reed $300 million to $400 million. We can put Brown (OH) Johnson Reid outlined by Senator INHOFE, who sug- Cantwell Kerry Rockefeller unfunded mandates on the States for gested we reform the already trans- Cardin Klobuchar Sanders $141 billion a year. That is what we will Carper Kohl Schumer parent earmark process and offered Casey Landrieu do if we reject this alternative. This Shelby specific ideas on how to do it? Some of Cochran Lautenberg accomplishes the same thing, given Specter my colleagues practically admit that Collins Leahy that we have the safest food in the Stabenow banning earmarks is not a very good Conrad Levin world. We will continue to have the Coons Lieberman Tester idea per se, but that eliminating them Dodd Lincoln Udall (NM) safest food in the world, we will move is only politically expedient, as the Dorgan Lugar Voinovich forward, but we won’t do it by creating public has come to see earmarks as a Durbin Manchin Webb layers upon layers of additional costs Feinstein Menendez Whitehouse symbol of Washington’s irrespon- Franken Merkley Wyden and regulations. The problem with food sibility. safety is that the agencies don’t do I don’t want the public to be fooled NOT VOTING—5 what they are supposed to be doing by this. I don’t support every earmark. Bond Brownback Shaheen now. They need less regulation, not There will always be examples of some Boxer Mikulski more. wasteful projects somewhere. But ear- The PRESIDING OFFICER. On this I yield the floor. marks are not the problem that grave- vote, the yeas are 39, the nays are 56. Mr. ALEXANDER. Mr. President, I ly threatens our country’s way of life, Two-thirds of the Senators voting not ask for the yeas and nays.

VerDate Mar 15 2010 01:05 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.022 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8264 CONGRESSIONAL RECORD — SENATE November 30, 2010 The PRESIDING OFFICER. Is there a Mr. HARKIN. I am pleased to yield to Americans from foodborne illnesses. It sufficient second? There is a sufficient the distinguished majority whip and includes provisions recommended by second. lead sponsor of this legislation. Republicans and Democrats, by govern- The question is on agreeing to the Mr. DURBIN. Mr. President, I wanted ment experts and outside groups. It motion. The clerk will call the roll. to clarify an important part of this should have strong bipartisan support. The legislative clerk called the roll. bill. While this bill does grant FDA The bill would give FDA authority to Mr. KYL. The following Senators are many new authorities, the savings initiate food recalls even when pro- necessarily absent: the Senator from clauses in this bill—in particular, sec- ducers of unsafe foods refuse to do so Missouri (Mr. BOND) and the Senator tions 403(3), 418(1)(3)(B), and voluntarily. It would strengthen FDA’s from Kansas (Mr. BROWNBACK). 41900(3)(B)—preserve all of FDA’s exist- ability to trace harmful products to The PRESIDING OFFICER. Are there ing authority under both the Federal their source. It would crack down on any other Senators in the Chamber de- Food, Drug, and Cosmetic Act and the the unsafe food imports that have been siring to vote? Public Health Service Act, am I cor- the source of many health-risk inci- The yeas and nays resulted—yeas 36, rect? dents. It would increase FDA’s author- nays 62, as follows: Mr. HARKIN. That is correct. ity to inspect food-producing facilities Mr. DURBIN. So while the bill does [Rollcall Vote No. 256 Leg.] to prevent illnesses. And it would re- provide for certain exemptions from quire greater diligence on the part of YEAS—36 FDA authority for small farms and those producers to prevent foodborne Alexander Crapo Kyl food processing facilities, these exemp- illnesses and other health threats. Barrasso DeMint LeMieux Bennett Ensign McCain tions are based only on the specific Passing this legislation will make Brown (MA) Enzi McConnell provisions added by S. 510; they do not our food safer and protect Americans Bunning Graham Murkowski prevent FDA from taking appropriate from harm. I will vote to approve it, Burr Grassley Risch actions against specific farms or facili- and I hope for a strong bipartisan vote Chambliss Gregg Roberts Coburn Hatch Sessions ties—or from issuing regulations in the in favor of this bill. Cochran Hutchison Shelby future that might affect those exempt- Mr. WHITEHOUSE. Mr. President, I Collins Inhofe Snowe ed farms and facilities—based on exist- rise today in support of the FDA Food Corker Isakson Thune Cornyn Johanns Wicker ing authorities that are currently in ef- Safety Modernization Act. I commend fect and will continue to be in effect Senator DURBIN, Senator HARKIN, and NAYS—62 after enactment of S. 510. Am I under- the many other Senators who have Akaka Hagan Nelson (NE) standing this correctly? worked so hard for so long on this im- Baucus Harkin Nelson (FL) Mr. HARKIN. My colleague is cor- portant legislation. It is long past time Bayh Inouye Pryor Begich Johnson Reed rect. The exemptions for small farms that we make improvements to our Bennet Kerry Reid and facilities in S. 510 do not in any food safety procedures in the United Bingaman Kirk Rockefeller way circumscribe FDA’s existing au- States, and we can see by the diversity Boxer Klobuchar Sanders thority under current laws. As my dis- of interests that have come together to Brown (OH) Kohl Schumer Cantwell Landrieu tinguished colleague has just stated, support this bill from industry to farm Shaheen Cardin Lautenberg Specter this existing authority is expressly pre- to consumer groups that the time to Carper Leahy served in the savings clauses in the address this issue is now. Casey Levin Stabenow Conrad Lieberman Tester bill. Over the past 15 years, FDA has Like so many Rhode Islanders, I have Coons Lincoln Udall (CO) relied on a number of provisions in ex- been appalled by the stories of deaths Dodd Lugar Udall (NM) isting law in establishing preventive and serious illnesses from seemingly Dorgan Manchin Vitter Durbin McCaskill Voinovich control, or ‘‘HACCP,’’ and other pre- benign foods such as peanut butter and Feingold Menendez Warner ventive requirements for seafood, eggs, spinach. These are foods we bring into Feinstein Merkley Webb and juice. These authorities include our homes, expecting them to nourish Franken Mikulski Whitehouse section 402(a)(4) of the Federal Food our families. We shouldn’t have to Gillibrand Murray Wyden Drug and Cosmetic Act, which gives worry that they might make our chil- NOT VOTING—2 FDA the authority to take action dren sick. American families need to Bond Brownback against ‘‘adulterated food’’ when that know that their government is pro- The PRESIDING OFFICER. On this food has been subjected to ‘‘insanitary tecting the food supply. vote, the yeas are 36, the nays are 62. conditions.’’ In adopting these regula- This bill goes a long way toward im- Two-thirds of the Senators duly chosen tions, FDA has also relied on section proving the Food and Drug Administra- and sworn not having voted in the af- 701(a) of the food and drug law, which tion’s food inspection and recall sys- firmative, the motion is rejected. gives it broad authority to issue regu- tem. First, the bill improves our abil- Mrs. BOXER. Mr. President, I move lations ‘‘for the efficient enforcement’’ ity to prevent food safety emergencies to reconsider the vote by which the of that law, as well as its authority to through better record keeping, hazard motion was rejected and I move to lay ‘‘prevent the introduction, trans- analysis, controls, and food safety that motion on the table. mission, or spread of communicable plans. These standards are also applied The motion to lay on the table was diseases’’ under section 361 of the Pub- to imported foods, which is increas- agreed to. lic Health Service Act. ingly important in our global economy. Mr. DURBIN. I thank my distin- Second, FDA’s ability to react to VOTE EXPLANATION guished colleague for clarifying this foodborne illness outbreaks is signifi- The PRESIDING OFFICER. The Sen- important matter. cantly enhanced by increasing inspec- ator from California. Mr. LEVIN. Mr. President, each year, tion and surveillance, making food Mrs. BOXER. Mr. President, I was 76 million Americans are sickened by more traceable in order to more quick- unavoidably delayed on vote No. 255, foodborne illness. More than 300,000 be- ly pinpoint the source of an outbreak. the Coburn motion to suspend the rules come so sick they must be hospitalized. Furthermore, the bill grants the FDA as to the Coburn amendment on ear- More than 5,000 die of their illness. the authority to order a mandatory re- marks. I would have voted a very These statistics are deeply worrisome. call of food if a company refuses to par- strong no because I believe that au- And behind each number is a family ticipate in a voluntary recall. Finally, thority should remain with the elected dealing with tragic loss or expensive this bill enhances FDA’s capability to representatives and not go to bureau- hospital bills or concern for a sick protect the American food supply from crats. child. terrorist threats and from intentional SAVINGS CLAUSES The situation cries for action, which contamination through building co- Mr. DURBIN. Will the distinguished is why I support passage of the legisla- operation with the Department of floor manager for this bill yield in tion we are now considering, the FDA Homeland Security at our ports. order to enter into a colloquy to clarify Food Safety Modernization Act. This I am very pleased that all of this is the meaning of certain provisions in legislation seeks to address major defi- accomplished while protecting small the legislation? ciencies in the system that protects farmers and producers. Rhode Island is

VerDate Mar 15 2010 01:05 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.008 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8265 very proud of its small farms, local child can look. His body was swollen to tion. That is why I am pleased to sup- produce, and the wonderful farmers three times its normal size, and he was port passage of S. 510, Senator DURBIN’s markets that can be found throughout hooked up to a dialysis machine and a Food Safety Modernization Act. We the State. Our farmers are proud to respirator. His heart raced at 200 beats must provide the agencies that regu- feed families in Rhode Island and the per minute, and light from huge sun late food safety with additional au- surrounding States, and I know they do lamps focused on him, in attempt to thorities to ensure the safety of our everything possible to ensure the food raise his body temperature. Kevin Nation’s food supply. We must provide they sell is safe. I thank Senator TEST- could not speak or cry. His loving fam- increased resources to the FDA so that ER for his work on a compromise to ily could not hold him. He suffered it can hire more personnel and so it protect farmers like those in Rhode Is- three heart attacks as they struggled can invest in improvements to domes- land, and throughout Nation, who be- to put him on a heart-lung machine. tic and imported food products inspec- lieve in the value of locally grown food. And then Kevin died. The autopsy later tion systems. We must mandate It has been disappointing that the showed that his entire intestinal tract science-based regulations to ensure the process to bring this bill about has had been destroyed by gangrene. safety of food products that carry the taken so long. The bill’s sponsors have One month after Kevin’s August 11, most risk. We must improve coordina- been trying to bring it to the floor of 2001, death, America experienced the tion between USDA, FDA, and the var- the Senate for a vote for months, dur- horrible 9/11 attack, and the Kowalcyk ious other Federal and State agencies ing which time the outbreak of sal- family were told that they were having charged with regulating food safety. monella in eggs made the need to im- another baby. Kevin’s grandmother, We must implement a national prove our food inspection system even Pat Buck, a Pennsylvania resident, was traceability system so we have consist- more clear. This is not a perfect bill, very concerned about her daughter and ency and know where our food comes but it is a necessary one. Once it is her new grandchild, and she was horri- from. And we must ensure the safety of passed, we must continue to build upon fied by the type of death that her both domestic and foreign food prod- it. The matter of our families’ safety is grandson had endured. So Pat did what ucts. not a partisan issue; ensuring food any teacher would do and started With Senator GRASSLEY, I introduced safety is a fundamental function of our studying foodborne illnesses. What she the EAT SAFE Act, which is designed Federal Government. learned shocked and appalled her. to address a critical aspect of the food Mr. CASEY. Mr. President, the next By March 2002, Kevin’s family was and agricultural import system: food time we sit down to eat dinner with actively involved in food safety advo- being smuggled into the United States. our families, are we sure that the food cacy. In April 2003, Senator HARKIN de- The greatest threat of smuggled food on our tables is safe to eat? I under- clared that the Meat and Poultry and agricultural products comes from stand that many Americans are con- Pathogen Reduction and Enforcement the companies, importers, and individ- cerned about food safety issues. We all Act would be renamed Kevin’s Law. In uals who circumvent U.S. inspection want food for our families that is nu- 2006, after the spinach outbreak, Bar- requirements or restrictions on im- tritious and free from foodborne patho- bara Kowalcyk, Kevin’s mother, and gens and contaminants. Ensuring that Pat Buck founded the Center for ports of certain products from a par- our food supply, both domestic and for- Foodborne Illness Research & Preven- ticular country. Some examples of pro- eign food products, is safe is a high pri- tion, CFI, a national nonprofit dedi- hibited products discovered in U.S. ority for me. I am focused on food safe- cated to preventing foodborne illness commerce in recent years include ty not only as a lawmaker but also as through research, education, advocacy, unpasteurized raw cheeses from Mexico a consumer and a father. and service. In 2007, Barbara and Pat containing a bacterium that causes tu- Americans have every right to expect were asked to participate in the film- berculosis and strawberries from Mex- a safe food supply. We need solutions to ing of the Oscar-nominated documen- ico contaminated with hepatitis A. give Americans peace of mind that the tary, ‘‘Food Inc.’’ Today, CFI is viewed These smuggled food and agriculture foods they eat and give to their fami- as a credible organization that is look- products present safety risks to our lies are safe to consume. There are 76 ing for science-based solutions to food, plants, and animals and pose a million cases of foodborne illness in America’s food safety challenges. threat to our Nation’s health, econ- this country every year. These ill- I tell you about Kevin’s story be- omy, and security. nesses send an estimated 300,000 Ameri- cause it is a powerful reminder that I am grateful to Chairman HARKIN, cans to the hospital each year and they real people are being affected by Ranking Member ENZI, Senator DUR- kill an estimated 5,000 individuals foodborne disease, not just once in BIN, Senator DODD, Senator GREGG, and yearly. Many of these deaths occur in awhile but every day. I want to thank Senator BURR for incorporating por- vulnerable members of our commu- Barbara and Pat Buck for sharing their tions of the EAT SAFE Act into S. 510. nities: young children, the elderly, or story and becoming involved in such an These provisions would add personnel those with chronic illnesses. important issue that affects all of our to detect, track, and remove smuggled I will share with you the story, a real lives. In particular, I am thankful to food, call for the development and im- story, of Kevin Kowalcyk, a 2-year-old them for turning their family’s tragedy plementation of strategies to stop food boy, who was sickened with an E. coli into an action that will help to ensure from being smuggled into the United O157:H7 infection that he acquired from no child would ever again go through States, and require data sharing eating a common food. I want to speak Kevin’s horrible experience. amongst Federal agencies dealing with about Kevin because I want to be clear As Pat said to me once while visiting food safety and foodborne illnesses. I that when we are not talking about my office, ‘‘It is time to move forward. am thankful that this important issue statistics today, we are talking about Too many people are being sickened, is being addressed so that mothers and real people, real lives. Kevin’s illness too many are suffering negative, long- fathers across the Nation won’t have to started with vomiting and diarrhea, term health consequences and too be concerned when they pack their but soon he was passing large amounts many are dying because they ate a children’s lunches, sit down to eat a of blood. On the third day of his illness, common food, such as peanut butter, family dinner, or give their child a he was diagnosed and hospitalized. On cookie dough or fresh produce. The 1938 snack. the following day, his kidneys started law governing the Food and Drug Ad- In the Senate, we owe it every Amer- to fail. The medical staff, while bru- ministration is too obsolete and it does ican consumer to make needed im- tally honest about how hemolytic not provide the Agency with the au- provements to our food safety system uremic syndrome, HUS, affected chil- thorities or resources needed to de- before another outbreak sickens our dren, felt that Kevin would live. They velop a proactive approach to food citizens, and we need to make sure that told Kevin’s parents that he would go safety. S. 510 will help FDA to become we are vigilant and vigorously monitor to the brink of death—which he did on more proactive. This legislation is and update our food safety system so several occasions—because ‘‘this is the needed to help America meet the food that Americans can continue to be con- way it is for HUS kids.’’ challenges of the 21st century.’’ fident that the food they eat is safe. On day 12 of his illness, this normally The U.S. Senate must modernize the Mr. GREGG. Mr. President, I rise to healthy little boy looked as sick as a U.S. system of food safety and inspec- speak briefly about S. 510, the FDA

VerDate Mar 15 2010 01:11 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.011 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8266 CONGRESSIONAL RECORD — SENATE November 30, 2010 Food Safety Modernization Act, which have held criminals who poison our monella that made Christopher and we will be voting on today. food supply accountable for their many others so sick. In that case, the This bill incorporates the best ideas crimes. My amendment would have outbreak was traced to the Peanut Cor- from food safety experts, farmers, greatly strengthened the ability to poration of America. The president of small business owners, the Bush ad- deter outrageous conduct that puts that company, Stewart Parnell, came ministration’s Food Protection Plan, Americans at risk. It received unani- before Congress and invoked his right the Obama administration’s Food Safe- mous, bipartisan support when it was against self-incrimination, refusing to ty Working Group, and Members on reported by the Judiciary Committee answer questions about his role in dis- both sides of the aisle.When enacted, it as the Food Safety Accountability Act. tributing contaminated peanut prod- will transform America’s approach to It is unfortunate that, despite this bi- ucts. These products were linked to the food safety by emphasizing prevention partisan support in committee, Repub- deaths of 9 people and have sickened and by strengthening our capacity to lican objections prevented the amend- more than 600 others. detect and rapidly respond when food ment from being considered by the full It appears that Mr. Parnell knew safety emergencies occur in the future. Senate. that peanut products from his company I would especially like to thank Sen- This legislative proposal would in- had tested positive for deadly sal- ator DURBIN for all of his efforts on the crease the sentences that prosecutors monella, but rather than immediately issue of food safety and his commit- can seek for people who knowingly vio- disposing of the products, he sought ment to working on this issue in a bi- late our food safety laws in those cases ways to sell them anyway. The evi- partisan manner. We originally teamed where there is conscious or reckless dence suggests that he knowingly put up to begin this effort in the spring of disregard of a risk of death or serious profit above the public’s safety. Our 2008, and after numerous drafts and bodily injury. If it were passed, those laws must be strengthened to ensure twist and turns, I am hopeful that we who knowingly contaminate our food this does not happen again. My amend- are close to getting this bill across the supply and endanger Americans could ment would increase the chances that finish line. receive up to 10 years in jail. those who disregard the safety of None of this would have been possible Just this summer, a salmonella out- Americans and commit food safety without a core group of bipartisan break caused hundreds of people to fall crimes will face jail time, rather than Members who have helped shepherd ill and triggered a national egg recall. a slap on the wrist, for their criminal this bill since its inception. Senator The cause of the outbreak is still under conduct. BURR has been a key leader on food de- investigation, but salmonella poi- On behalf of the hundreds of individ- fense issues and has worked tirelessly soning is too common and sometimes uals sickened by this summer’s and to ensure that this bill is not burden- results from inexcusable knowing con- last year’s salmonella outbreaks, we some for small farmers and food pro- duct. The company responsible for the must repair our broken food safety sys- ducers. Senator DODD, along with Sen- eggs at the root of this summer’s sal- tem. The House has already passed a ator ALEXANDER, contributed greatly monella crisis had a long history of en- provision similar to my amendment. I to the bill as a whole, and were instru- vironmental, immigration, labor, and am sorry that partisan objections from mental in providing a key provision re- food safety violations. It is clear that a few Senators prevented the Senate lating to the need for schools to be fines are not enough to protect the from quickly adopting this important more prepared to protect children with public and effectively deter this unac- amendment. I will continue to try to life-threatening food allergies. ceptable conduct. We need to make pass this commonsense legislation even We have also been extremely fortu- sure that those who knowingly poison if it cannot be coupled with the FDA nate to have the tireless support of the food supply will go to jail. This Food Safety Modernization Act, and I both Chairman HARKIN and Ranking amendment would have done that in hope the Senate will act quickly to Member ENZI, who assisted in moving the most egregious cases. pass it separately. the bill through the HELP Committee Current statutes do not provide suffi- Mr. HARKIN. Mr. President, one of with unanimous support roughly a year cient criminal sanctions for those who the most difficult issues I have had to ago, and who, in the last year have knowingly violate our food safety laws. face as manager of S. 510 is the balance helped us navigate our way to the Knowingly distributing adulterated between small growers and processors floor. food is already illegal, but it is merely and larger producers and food compa- Finally, I would like to thank our a misdemeanor right now, and the Sen- nies. This is always a tough issue in ag- staffs who have put so much time into tencing Commission has found that it riculture. Those of us who work with this legislative effort. Although it has generally does not result in jail time. our food system know that one size been a long and sometimes arduous The fines and recalls that usually re- does not fit all. It is always hard to get process, they have shown time and sult from criminal violations under it right. again that almost every problem is current law fall short in protecting the In this case, I know that some of my solvable when you get a group of hard public from harmful products. Too colleagues think the Tester-sponsored working folks around a table. I would often, those who are willing to endan- language goes too far to help small like to especially recognize and thank ger our children in pursuit of profits growers and processors. I don’t think my own lead staffer on this bill, Liz view such fines or recalls as merely the we have, and here is why I say that. Wroe, as well as the following: cost of doing business. There are some very important limita- Dave Lazarus, Candice Cho, and Al- Last year, a mother from Vermont, tions on the Tester provisions in S. 510. bert Sanders with Senator DURBIN; Gabrielle Meunier, testified before the First, small businesses as we define Jenny Ware, Jenn Alton, Josh Martin, Senate Agriculture Committee about them here are really small—a company Margaret Brooks, and Anna Abram her 7-year-old son, Christopher, who that does $500,000 of sales a year is very with Senator BURR; Jenelle became severely ill and was hospital- small. We can’t say exactly how much Krishnamoorthy, Tom Kraus, and Bill ized for 6 days after he developed sal- food these small companies sell, but McConagha with Senator HARKIN; Amy monella poisoning from peanut crack- here is a good example that shows how Muhlberg, Travis Jordan, Keith Flana- ers. Thankfully, Christopher recovered, small these eligible companies are: The gan, and Chuck Clapton with Senator but Mrs. Meunier’s story highlighted smallest member of the California ENZI; and Tamar Magarik Haro and improvements that are needed in our League of Food Processors reports be- Anna Staton with Senator DODD. food safety system. No parent should tween $2.5 and $3 million a year in sales Mr. LEAHY. Mr. President, the Sen- have to go through what she experi- or five times as much as any company ate is poised to pass the FDA Food enced. The American people should be eligible under the Tester provisions. Safety Modernization Act, which will confident that the food they buy for Second, many food companies that take much needed and long overdue their families is safe. buy product from eligible producers steps to protect Americans from unsafe After hearing Mrs. Meunier’s account will tell them: Hey I want you to fol- food. I am disappointed that the Senate last year, I called on the Department of low FDA regulations. I want all my will not consider, however, an impor- Justice to conduct a criminal inves- suppliers to follow FDA rules. Some tant amendment I proposed that would tigation into the outbreak of sal- may even require their suppliers to do

VerDate Mar 15 2010 01:11 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.013 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8267 more than FDA requires. That decision Mr. President, it is not the intent of thereof; that no further amendments or is part of a private contractual rela- this legislation to include in the defini- motions be in order; that the bill, as tionship. This bill does not affect these tion of ‘‘facility,’’ for purposes of ei- amended, be read a third time, and arrangements. They will continue to ther FFDCA Sec. 415 or for the pending after the reading of the Budget Com- exist and will limit the application of bill, seed production or storage estab- mittee pay-go letter, the Senate then any exemptions provided in this bill. lishments as long as they do not manu- proceed to vote on the passage of H.R. Third, processors that want to be ex- facture, process, pack, or hold seed rea- 2751, as amended; further, that the title empted will have to document that sonably expected to be used as food or amendment, which is at the desk, be they meet the exemption. There are feed. Further, we note that seeds not considered and agreed to. two ways to do that. First, they must used as food or feed have historically The PRESIDING OFFICER. Is there show they are in compliance with not been subject to oversight by FDA. objection? State law or second, they must show The PRESIDING OFFICER. Under Mr. COBURN. Mr. President, I object. that they have completed a food safety the previous order, amendment No. 4715 The PRESIDING OFFICER. Objec- plan of their own. Many processors will is agreed to. tion is heard. simply decide that for competitive rea- The question is on the engrossment Under the previous order, the clerk sons or lack of capacity they will sim- and third reading of the bill. will read the pay-go statement. ply stick with whatever FDA requires. The bill was ordered to be engrossed The legislative clerk read as follows: This is another pragmatic limitation for a third reading and was read the on the Tester provisions. third time. Mr. Conrad: This is the Statement of Budg- Fourth and finally, FDA is specifi- etary Effects of PAYGO Legislation for S. The PRESIDING OFFICER. The Sen- 510, as amended. cally authorized to take action and re- ator from Iowa. voke an exemption if it determines Mr. HARKIN. Mr. President, I ask Total Budgetary Effects of S. 510 for the 5- year statutory PAYGO Scorecard: $0. that the food presents a public health unanimous consent that after adoption Total Budgetary Effects of S. 510 for the 10- risk, and FDA can act to prevent an of the substitute amendment to S. 510 year Statutory PAYGO Scorecard: $0. outbreak if needed. This provision cre- and now, after the third reading, the Also submitted for the Record as part of ates a ‘‘one-strike-you are out’’ exemp- Senate then proceed to Calendar No. 74, this statement is a table prepared by the tion: once a farm or food processing fa- H.R. 2751; that all after the enacting Congressional Budget Office, which provides cility has lost its exemption, it may clause be stricken and the text of S. additional information on the budgetary ef- never be reinstated. 510, as amended, be inserted in lieu fects of this Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR SENATE AMENDMENT 4715 IN THE NATURE OF A SUBSTITUTE TO S. 510, FDA FOOD SAFETY MODERNIZATION ACT

By fiscal year, in millions of dollars— 2011– 2011– 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go-Impact a ...... 0 0 0 0 0 0 0 0 0 0 0 0

a S. 510 would increase federal efforts to ensure the safety of commercially distributed food. S. 510 would stipulate that the failure to comply with new requirements, such as mandatory recalls and risk-based preventive controls, could result in the assessment of civil or criminal penalties. Criminal fines are recorded as revenues, then deposited in the Crime Victims Fund, and later spent. Enacting S. 510 could increase revenues and direct spending, but CBO estimates that the net budget impact would be negligible for each year. Source: Congressional Budget Office.

The ACTING PRESIDENT pro tem- Manchin Reed Udall (CO) PASSAGE OF S. 510 pore. Under the previous order, the clo- McCaskill Reid Udall (NM) Menendez Rockefeller Vitter Mr. HARKIN. Mr. President, today ture motion with respect to the bill is Merkley Sanders Voinovich with the passage of the Food Safety withdrawn and the question is on pas- Mikulski Schumer Warner Modernization Act by this over- sage of S. 510, as amended. Murkowski Shaheen Webb Murray Snowe whelming vote of 73 to 25, we have Ms. LANDRIEU. Mr. President, I ask Whitehouse Nelson (NE) Specter Wyden taken momentous steps to help for the yeas and nays. Nelson (FL) Stabenow strengthen food safety in America. The The ACTING PRESIDENT pro tem- Pryor Tester Food Safety Modernization Act will pore. Is there a sufficient second? NAYS—25 bring America’s food safety system There appears to be a sufficient second. Barrasso DeMint McConnell into the 21st century. The clerk will call the roll. Bennett Ensign Risch This bill gives the FDA the authority The assistant legislative clerk called Bunning Graham Roberts the agency needs to help protect Amer- Chambliss Hatch Sessions ica from foodborne illnesses. While this the roll. Coburn Hutchison Shelby bill is a historic step forward in ensur- Mr. KYL. The following Senators are Cochran Inhofe Thune necessarily absent: the Senator from Corker Isakson Wicker ing that our food supply is safe and Cornyn Kyl protecting Americans from foodborne Missouri (Mr. BOND) and the Senator Crapo McCain from Kansas (Mr. BROWNBACK). illnesses, we have to now ensure that The PRESIDING OFFICER. Are there NOT VOTING—2 the FDA has adequate resources to ful- any other Senators in the Chamber de- Bond Brownback fill their profound responsibilities. I look forward to working with my siring to vote? The bill (S. 510), as amended, was colleagues on the Appropriations Com- The result was announced—yeas 73, ageed to. mittee and the entire Senate to ensure nays 25, as follows: Mr. HARKIN. Mr. President, I move that they have the necessary resources [Rollcall Vote No. 257 Leg.] to reconsider the vote and move to lay to fulfill the provisions of this legisla- YEAS—73 that motion upon the table. tion. Akaka Collins Inouye The motion to lay upon the table was As the primary cosponsors of the bill, Alexander Conrad Johanns agreed to. Senators DURBIN and GREGG deserve a Baucus Coons Johnson great deal of thanks for their out- Bayh Dodd Kerry Begich Dorgan Kirk f standing leadership. I asked Senator Bennet Durbin Klobuchar DURBIN when he started working on Bingaman Enzi Kohl this bill. He said back in the House 18 Boxer Feingold Landrieu MORNING BUSINESS Brown (MA) Feinstein Lautenberg years ago. So sometimes it takes a Brown (OH) Franken Leahy The PRESIDING OFFICER. Under long time to get these things done. But Burr Gillibrand LeMieux the previous order, there will now be a this is the first time in 70 years we Cantwell Grassley Levin period of morning business with Sen- have ever had a major revision of our Cardin Gregg Lieberman Carper Hagan Lincoln ators permitted to speak for up to 10 food safety laws. Senator GREGG has Casey Harkin Lugar minutes each. also worked at least a dozen years,

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.011 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8268 CONGRESSIONAL RECORD — SENATE November 30, 2010 that I know of, on this bill in his time I will also miss the daily experience We have had a lot experiences to- in the Senate. I would also like to of RUSS FEINGOLD’s friendship, and the gether. We fought together for many thank my colleagues, Senator ENZI, the qualities that distinguish his friend- things, important things. And we have ranking member of the committee, ship, his thoughtfulness, kindness, fought many times on opposite sides. former chairman and ranking member humor and loyalty. I have treasured We have been honored together and of the committee, for his help and also that friendship all the years we have scorned together. We have traveled Senator BURR for working hard on the served together, and while friendship abroad together. We could not be far- legislation and getting it where it is does not end with a Senate career, I ther apart in our views on the wars in today. will sorely miss his presence. I will Iraq and Afghanistan, but we traveled Finally, I thank my friend, Senator miss seeing him every day. I will miss there together as well, to gain knowl- DODD, for his tireless efforts. The Sen- traveling with him. I will miss the edge that would inform our views and ate will certainly miss his leadership daily reminder of what a blessing it is challenge them. We have listened to on this and so many other important to have a true friend in Washington. each other; debated each other; de- issues. Additionally, I thank members Our first encounter with one another fended each other; joked and commis- of our staffs who helped to make this was in a Senate debate in which we ar- erated together. possible, and let me just—I am going to gued about an aircraft carrier, some- And in my every experience with read their names, but let me say at the what heatedly, if memory serves. RUSS RUSS FEINGOLD, in agreement and dis- outset, while many of us were perhaps thought the U.S. Navy had one too agreement, in pleasant times and dif- not around during Thanksgiving week many. I thought we did not have ficult ones, in heated arguments and in or perhaps even the week after the enough. It was, I am sorry to admit, the relaxed conversation of friends, he elections, I can tell you the staffs were not a very considerate welcome on my was an exemplary public servant; a hard at work day after day, sometimes part to a new colleague, whom I would gentleman; good company; an irre- late in the evenings, sometimes on soon have many reasons to admire. But placeable friend; a kind man; a man to weekends, to help get this bill to- to RUSS’s credit, he did not let my dis- be admired. gether. These staff people deserve so courtesy stand in the way of working I can not do justice in these remarks many thanks from not only me but together on issues where we were in to all of RUSS’s many qualities or ex- from everyone involved with this legis- agreement. And to my good fortune, he press completely how much I think lation. did not let it stand in the way of our this institution benefited from his From Senator DURBIN’s staff: Albert friendship either. service here and how much I benefited Sanders, Anne Wall, and Dena Morris; We are of different parties and our from knowing him. I lack the elo- from Senator ENZI’s staff: Chuck political views are often opposed. quence. I do not think he is replace- Clapton, Keith Flanagan, Travis Jor- We have had many debates on many able. We would all do well to keep his dan, Frank Macchiarola, and Amy issues. But where we agreed on waste- example in our minds as we serve our Muhlberg; Senator DODD’s staff: Anna ful spending, ethics reform, campaign constituents and country and convic- Staton and Tamar Haro; Senator finance reform and other issues, it was tions. We could not have a better role GREGG’s staff has worked on this bill a privilege to fight alongside and not model. from the beginning: Elizabeth Wroe; against RUSS FEINGOLD. I have every expectation we will re- Senator BURR’s staff: Anna Abram and We do not often hear anymore about main good friends long after we have Margaret Brooks; Senator REED’s staff: Members of Congress who distinguish both ended our Senate careers. But I Carolyn Gluck and Kasey Gillette; and themselves by having the courage of will miss him every day. And I will try from my staff: Kathleen Laird, Tom their convictions; who risk their per- harder to become half the public serv- Kraus, Bill McConagha, Mark Halver- sonal interests for what they believe is ant he is. Because his friendship is an son, Jenelle Krishnamoorthy, Pam in the public interest. I have seen honor and honors come with respon- Smith, and Dan Smith. All of them are many examples of it here, but the cyni- sibilities. heroes and heroines in my book. They cism of our times, among the political God bless my friend RUSS FEINGOLD. really put forth supreme effort to get class and the media and the voters, Mr. President, I suggest the absence this bill to us today so we could have tends to miss examples of political of a quorum. this overwhelming vote of approval. courage or dismiss them as probable The PRESIDING OFFICER. The I yield the floor. frauds or, at best, exceptions that clerk will call the roll. The PRESIDING OFFICER. The Sen- prove the rule. In his time in the Sen- The legislative clerk proceeded to ator from Arizona. ate, RUSS FEINGOLD, every day and in call the roll. f every way, had the courage of his con- Mr. BROWN of Ohio. Mr. President, I victions. And though I am quite a few ask unanimous consent that the order TRIBUTE TO SENATOR RUSS years older than RUSS, and have served for the quorum call be rescinded. FEINGOLD in this body longer than he has, I con- The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, I want fess I have always felt he was my supe- objection, it is so ordered. to say a few words about a friend and rior in that cardinal virtue. Mr. BROWN of Ohio. Mr. President, I colleague whom I will miss very much We were both up for re-election in want to speak as in morning business when he leaves the Senate after we ad- 1998. I had an easy race. RUSS had a dif- for up to 10 minutes. journ, Senator RUSS FEINGOLD. I can- ficult one. As many of our colleagues The PRESIDING OFFICER. The Sen- not thank him for his service without will remember, RUSS and I opposed soft ator has that right. mentioning the outstanding work of money, the unlimited corporate and f his capable staff: Mary Irving, his chief labor donations to political parties of staff; Sumner Slichter, his policy di- that we believed were compromising HEALTH CARE REFORM rector; Bob Schiff, chief counsel; and the integrity of Congress, and we were Mr. BROWN of Ohio. Mr. President, I Paul Weinberger, his legislative direc- a nuisance on the subject. RUSS ’s op- spent a lot of time, as my colleagues tor, a loyal and outstanding team. ponent in 1998 was outspending him on have, traveling our States during the Without intending it as a com- television, and the race became tight- elections, to be sure, but also since. I mentary on his successor, I have to er. It reached a point where most ob- hear a lot of discussion from regular confess I think the Senate will be a servers, Democrats and Republicans, people—not from people running for of- much poorer place without RUSS FEIN- expected him to lose. The Democratic fice per se but regular people—about GOLD in it. I know that in my next Party pleaded with RUSS to let it spend what this new health care law has term I will experience fewer occasions soft money on his behalf. RUSS refused. meant to them. I meet 22-year-olds who of inspiration because of the departure He risked his seat, the job he loved, be- are now on their parents’ health insur- of RUSS FEINGOLD, a man whose cour- cause his convictions were more impor- ance plan. If you are 22 in this country age and dedication to the principles tant to him than any personal success. today, your chances of finding a job that guided his Senate service often in- I think he is one of the most admirable with decent health care are not real spired me. people I have ever met in my life. high in most places in our country, and

VerDate Mar 15 2010 05:02 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.016 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8269 they now celebrate the fact that they underinsured. I want to hear one of it means a lot of jobs about making all can be on their parents’ health insur- those elected officials, who is saying the things that go inside a house. And ance automatically. That is a big vic- repeal the health care plan, say they that’s the kind of boost we need again. tory for consumers and a big victory are not going to take their government We need again to get this economy for those families. health insurance. I cannot believe the moving. Now, since it has been shown I also talk to people who have chil- number of elected officials, mostly Re- to work because it generates home dren who have preexisting conditions publicans, who have been the benefici- sales and purchases—in States where and could not get insurance as a result. aries of government-sponsored health the real estate industry is a large part The law now is, an insurance company insurance—taxpayer-financed health of the economy, in States where hous- cannot deny insurance to a family with insurance for 10 years, 20 years, 30 ing values have dropped, where many a child with preexisting conditions. We years—who are saying: No, I want to homes are underwater in the value of also know now that someone who is repeal health insurance for millions of their fair market value now compared sick and their health care is very ex- Americans who are about to receive it. to the face amount of their mortgage pensive, that they cannot be thrown off Some of them are already getting it; in many communities that are dis- their insurance because it costs the in- all of them getting better consumer tressed by foreclosures—and what com- surance company too much money. protections. munity has not been hit by that?— We know now, and I hear from small They will keep their plan, paid for by what it does is it turns that around and businesses who almost all want to in- taxpayers. They want to deny it to oth- boosts the home sales. That is a part of sure their employees but simply cannot ers. I am waiting for one of my col- economic recovery. Now, there are because of the high costs, they now are leagues—and Republicans around the those who are out there who are going getting a 30-percent tax credit to be State and around the country who are to say: Well, it is too expensive. That it able to insure their employees, some- calling for this health care law to be doesn’t yield good results in certain thing, as I said, they wanted to do repealed—to step up and say: Oh, I am parts of the country that were not hit whether they live in Conneaut in not going to take government insur- with the housing crisis like the rest of northeast Ohio or Middletown and ance either. I am still waiting for that us were. And some people will claim: Hamilton in southwest Ohio. I see that day. Well, we’re coming out of the reces- all over my State—in Bowling Green, I yield the floor. sion—by their estimation—and it in Toledo, in Zanesville and The PRESIDING OFFICER. The Sen- would be better to target our efforts Chillacothe and Columbus and Bellaire. ator from Florida. elsewhere. We are also seeing that so many senior f citizens are getting hit hard by high Mr. President, the recession’s not drug prices. HOME BUYER TAX CREDIT over for many, many Americans. And if We have begun. As one of the leaders Mr. NELSON of Florida. Mr. Presi- something has proven it works, why in that effort on the HELP Committee, dent, if we want to revive our economy, don’t we reinstitute it? It was Presi- Senator BENNET, the Presiding Officer, one thing we can do is to bring back dent Franklin Roosevelt who said, dur- knows that we have been helpful in and extend the home buyer tax credit ing another time of economic peril, the now beginning to close that doughnut we enacted earlier this year. It was for Great Depression, he said: a limited time. It has expired, but it hole that seniors fall into. After they Only a foolish optimist can deny the dark have had $2,000 of drug costs, they are was hugely successful. realities of the moment. still paying the premium every month, It is an $8,000 tax credit for qualified but they do not get any coverage until first-time home buyers and a $6,500 tax Mr. President, do we not have the their costs go above $5,000. That is sort credit for repeat, move-up home buy- ‘‘dark realities of the moment’’ of of a cruel bargain that this Congress, ers. And this tax credit that we passed what’s happening in the State of the for reasons I did not exactly under- that was law was largely responsible Presiding Officer right now, in my stand—I opposed it back then—passed for many of the homes that were pur- State, and many others? Indeed, these the drug benefit and inflicted that on chased in States like mine, Florida, are dark economic times, and most seniors. We are beginning to fix that. where the housing market has gone every American knows it. Just look to We know all that. Those are citizens kaput. The mortgages were inflated the elections. In almost every exit poll I talk to about that. Put that aside for when the housing bubble burst, the after the election, 60 percent of the a minute, unfortunately, and look at so property values dropped and you see a voters said the economy was the most many elected officials in a State, con- number of our States that have been important issue facing the Nation— servative elected officials, mostly Re- hit so hard, albeit, the entire Nation that they were concerned about as they publicans, who are saying we should re- has been hit hard by the housing bub- walked into that polling place. Forty peal the health care law and we should ble bursting. percent of those same voters said their bring back preexisting condition, take Well, we tried this home buyer tax families are worse off financially than 23-year-olds, home from college or credit, and it worked. It was popular in they were just a few years ago. And 33 home from the service or whatever, and other States, like California, like in percent of them said that someone in if they do not have TRICARE, throw Texas. Texas had a more stable housing their household had lost a job recently. them off their parents’ health care market, but folks recognized that a Is that not the ‘‘dark realities of the plan, take away the tax cuts to small good housing market provides a lot of moment’’? businesses. That is what they want to ancillary benefits for the economy. It So let’s take something that worked. do and repeal this health care plan. creates jobs. It generates consumer And despite the fact that it’s costly, My only question is, I guess I am spending. The studies have shown, let’s find an offset. Let’s find another waiting for the first Republican elected looking back on this tax credit we gave source of revenue to pay for approxi- official—whether he is an attorney gen- for housing, it was in the first quarter mately the $15 to $20 billion that the eral in Ohio or elsewhere or whether he of this year, it led to a 6-percent in- home buyer tax credit cost before that is a Congressman or she is a Congress- crease in all home sales, and it led to a boosted the sales of homes and started man or a Senator—I am waiting for the whopping 42-percent increase in the to revive the housing industry and, first one who says: I want to repeal this sale of new homes. therefore, revive the fair market val- plan. Take away these consumer pro- Now by contrast, when that credit ues of people’s homes. Let’s move to tections; I want to repeal this plan and expired, the home sales plummeted. quickly bring back this home buyer tax take away health insurance for people Well, what does it mean in real terms credit. It’s worked before, and it will who are in high risk pools who are get- to real people and real families? It work again. ting insurance now and people down means jobs. It means jobs selling the road who are going to get covered houses, jobs constructing houses, jobs Mr. President, if I may be recognized with health insurance, the 50 million financing houses—anything associated again, since no one is waiting to speak. Americans who do not have it and the with a person having one of their most The PRESIDING OFFICER. The Sen- tens of millions of Americans who are important assets, their home. And then ator from Florida is recognized.

VerDate Mar 15 2010 01:11 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.017 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8270 CONGRESSIONAL RECORD — SENATE November 30, 2010 DISCLOSURE OF CLASSIFIED newspapers reported, we found out and The tax cuts for upper income folks CABLES stopped that plot by long-distance implemented by President Bush had Mr. NELSON of Florida. Mr. Presi- sources of information that came to us. limited impact on jobs in those years, dent, America’s secrets are not what To betray those sources, to now put and the income tax breaks for upper in- are at risk with the exposure of thou- their lives in jeopardy by the indis- come folks added hundreds of billions sands and thousands of documents of criminate turning over to an organiza- to our deficit. However, due to the cur- classified cables. America’s friends and tion called WikiLeaks that suddenly rent condition of the economy and to allies are at risk and, therefore, Amer- puts all of this up on the Web, is the take every step necessary that we must ica’s national security is at risk. height of irresponsibility, an act take to continue the recovery, I believe When classified cables identify cer- against humanity, and it has to be it is imperative that we maintain cer- tain people who have helped us from stopped. tainty. That is what economists have around the world as we advance the in- Mr. President, I yield the floor. talked to many of us about—to take terests of the free world, defend our na- The PRESIDING OFFICER. The Sen- steps not just to further economic tional security, and the safety of all ator from Pennsylvania. growth and to continue to push forward humankind—when those people are ex- f the recovery but to do that in a way posed, there are a lot of bad people out TAX POLICY that creates some measure of cer- there who want to get rid of those kind tainty. Whether a small business of people. When sources of informa- Mr. CASEY. Mr. President, I rise owner—hundreds and hundreds of thou- tion—I will dress it up and tell you ex- today to speak about our economy and sands across the country—or a large actly what it is; it is called intel- some of the debates and discussions we company, uncertainty and change are engaged in now about tax policy as ligence—when sources of intelligence often tend to make businesses less will- well as to emphasize the need to be are betrayed by being made public, by ing to expand and less willing to hire. guided during these debates by the two the disclosure, indiscriminately, of Over the last few months, many of our essential priorities on which we must thousands and thousands of cables that colleagues in the Senate and I have focus. Obviously, those priorities are were marked ‘‘Top Secret’’ or marked spoken to both business owners and job creation and continuing economic ‘‘Secret,’’ then what we have done is economists to get their views on how growth, continuing our recovery. We we have started to shackle our arms we should handle the expiring tax pro- also must make sure that in the proc- behind ourselves in our ability to de- ess of doing that, we don’t take steps visions. What I learned, among several fend ourselves. that will increase long-term deficits. lessons from these experts, is that cer- Why do I say that? Well, look at all So while we debate these many tax tainty and consistency are needed the recent attempts at a terrorist act. issues, I think it is critically impor- when the economy is still in a fragile We were able to avert the terrorist tant that we don’t forget about provi- condition. striking because we got the informa- So I will have more to say as the de- sions that both combat poverty and as- tion that he was going to strike before bate continues about tax cuts, but dur- sist those who fall in the lower income he struck. Where did that source of in- ing these discussions about the income brackets. formation come? Often that source of Last month, the Nation added over tax cuts and what we should do be- information comes from far corners of 150,000 jobs, which is strong evidence tween now and the end of the year, two the globe because we have a relation- that we are slowly recovering from the important provisions have been barely ship with people who are giving us in- devastating impacts of the recent re- mentioned: the child tax credit and the formation that we then track down and cession. But we are certainly not out of marriage penalty under the so-called find that, in fact, it is true and stop the the woods yet, and the Senate must earned-income tax credit. Both provi- terrorist from doing their dastardly continue to pass legislation that will sions provide necessary tax relief for deed upon innocent humans. spur economic growth as well as to those in the lower income brackets, Since 2001 and the September 11th focus on ways we can extend certain and both provisions are necessary to bombings and the September 11th tax provisions that are set to expire help working families barely getting crashes of the airliners, over and over this year. by for their children during this reces- again the newspapers of this country The debate, unfortunately, has large- sion, at a time when poverty levels, un- have chronicled terrorist plots that ly focused only on whether to extend fortunately, are increasing. At this have been thwarted for the reasons I the current income tax rates. I am 100 time, this Senate must act to provide have just said. Now along comes some- percent in favor of extending income tax relief to those who are in desperate one who, for whatever reasons of being tax rates for middle and lower income need of assistance while they recover a misfit, wants to disgorge thousands tax brackets. Now is not the time to from the effects of the recession. of classified cables that start to betray raise taxes on those middle-income First, the child tax credit. This pro- our sources of information to protect families who are still recovering from vides tax relief to working families ourselves and protect others—not even the recession. Plus, the more money we with children of up to $1,000 per child. necessarily our allies—but other inno- put in the pockets of those middle-in- The tax credit was first enacted in 1997 cent victims in other countries with come families means more money is and was expanded last year in the Re- whom we may not even have a rela- being pumped into the economy covery Act to increase the number of tionship. through the purchase of goods and families eligible to receive the credit. This is the height of dishonoring our services. That is for sure, and I think As a result of this expansion of the country and our people and all human- we will even have consensus on that child tax credit, millions of previously kind, and it is the height of traitorous point alone. ineligible families received critical re- activity. It has to stop. We cannot con- Even as our recovery is slow, there lief during these tough economic tinue to thwart these terrorist acts if have been a number of bright spots. times. we do not have reliable sources of in- One bright spot in the recovery is the These expanded tax cuts will expire if formation in order to disrupt the ter- rate of private sector hiring. In fact, they are not extended by the end of the rorist plots. Do you know what? The according to the figures released by the year. Here are the numbers from the newspapers have chronicled, since the Bureau of Labor Statistics, more pri- Center on Budget and Policy Priorities: attempt, for example, of blowing up vate sector jobs have been created in 7.6 million children will lose their child FedEx and UPS—and, by the way, 2010 when compared to the entire 8 tax credit if we don’t continue it. An those packages also were carried on years under President Bush. Private additional 10.5 million children will see commercial airliners with passengers sector jobs decreased by 673,000 in the 8 those credits reduced or the credits on them—you know what the news- years of President Bush’s Presidency— their families receive reduced. In Penn- papers have chronicled? They have a decrease of 673,000 private sector jobs. sylvania, half a million children will pointed out how the terrorist organiza- The increase I speak of occurred within lose that credit. tions are crowing about how little it this calendar year of 2010—an increase To put this in perspective, if you costs them and how they will find an- of 874,000 private sector jobs in 2010, have a family with two children and other way in order to do this. As the and the year, of course, is not over yet. earning minimum wage, that family

VerDate Mar 15 2010 01:11 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.018 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8271 would see its child tax credit reduced through this time when they have lost in our country and discuss the tax pro- by $825. That is the equivalent of al- a job through no fault of their own? visions, we must recognize the impact most 3 weeks of pretax wages for a What are you going to do? What action the economy has on our children. minimum wage worker—$825—which are you going to take to try to help I will end with a line from the Scrip- would have an adverse impact even on them? tures that says that ‘‘a faithful friend a middle-income family, but to say That is one question. If you don’t is a sturdy shelter.’’ It goes on to talk that about a family earning the min- have an answer to that question, you about how important having a faithful imum wage I think speaks volumes should also have to answer this ques- friend in life is. There are a lot of folks, about the impact of not extending the tion: What are you doing affirmatively politicians especially, who talk non- child tax credit. That would be a hor- to put in place strategies to create stop about helping children and the im- rific result for a minimum wage-earn- jobs? Are you just talking about job portance of doing that and the priority ing family. creation, are you just talking about placed on our children and the priority This vital tax relief is necessary to helping people, or are you going to to protect our children from harm and help families struggling to provide take action to extend unemployment to help them especially in a recession. their children with basic essentials. If insurance or have something else that You have to do more than talk. that argument is not convincing will help those who are going through If you consider yourself a friend of enough for folks in the Senate as a rea- this difficult period in their lives— children, you would support an exten- son to extend it, consider that the many families who never dreamed they sion of the child tax credit. You would money that child tax credit results in would be in this position—and are you support other provisions, such as un- will be spent immediately and go right going to do something to help the over- employment insurance, that help fami- back into local economies. It is the all economy to grow and to continue lies such as those families who have same argument we have made on un- the recovery? Because unemployment 265,000 children who are affected by un- employment insurance—that it has an insurance does both. It helps the vul- employment in Pennsylvania. If you impact on the overall economy. nerable get through this recession. It is are going to say you are a faithful The child tax credit is not the only the right thing to do. It also has a sub- friend and want to be a sturdy shelter poverty-fighting tax provision that is stantial, immeasurable impact on eco- for children, what are you going to do in jeopardy of being reversed. Enhance- nomic growth. All the studies show about it? The question we must ask ourselves, ments to the earned-income tax credit that. It is irrefutable that it is prob- among many, is: Will the Senate be a are also set to expire. The so-called ably the best thing we can do to create faithful friend to children, not just by EITC—the earned-income tax credit— jobs and to continue the recovery—pass talk and rhetoric but by actions, tak- encourages and rewards work by pro- a reauthorization of unemployment in- ing steps to help children get through viding a refundable credit for working surance. people against their payroll and in- So I encourage my colleagues to not this recession, helping their families and also spur and continue economic come taxes. Millions of working fami- block, but if they block, they need to growth and recovery? lies with incomes of up to $48,000 are el- have an answer to those basic ques- With that, I yield the floor. igible for the Federal earned-income tions. The PRESIDING OFFICER (Mr. In Pennsylvania, the unemployment tax credit. UDALL of New Mexico). The Senator The Recovery Act we passed in 2009 rate now is 8.8 percent. Thank goodness from Tennessee is recognized. reduced the so-called marriage penalty it fell below 9, but 8.8 percent in our in the earned-income tax credit by in- State means 560,000 people out of work. f creasing the income level at which it In the summer, it went as high as COMMENDING RETIRING phases out for married couples. If this 592,000, so it was approaching 600,000. SENATORS expanded tax relief is not extended, 6 We have approximately 560,000 unem- Mr. ALEXANDER. Mr. President, 16 million workers will see their earned- ployed Pennsylvanians right now. We Senators will retire this year. There is income tax credit reduced and 11 mil- have to have an answer for those folks. also a pretty big turnover in this body, lion children will be affected. So chil- We can’t just say: Well, it got a little but that is a lot of Senators at once. dren get harmed by both. They get difficult in Washington, or put some We are losing an enormous amount of harmed by the failure to extend the other institutional or policy argument talent, but, of course, we are gaining a earned-income tax credit and the fail- out there without having an answer or lot of talent with the new Senators. ure to extend the child tax credit. an alternative for those who are unem- I wish to show my respect for those So while the debate has been focused ployed. who have served, which I will do in a on the extension of tax rates on in- As have many of the Members of the summary fashion because we are talk- come, the Senate must not overlook Senate, I have discussed the impact of ing about 16 individuals with very com- sound tax policy that both fights pov- the expiration of unemployment insur- plex and distinguished backgrounds. erty and spurs economic growth. So I ance with folks in Pennsylvania and One might ask, what are the charac- would encourage all Members of the others who will be suffering through teristics of a Senator? There are a lot Senate to push for an extension of the this. In the course of those discussions, of different answers to that, depending provisions that expand eligibility for we have had a chance to review what on your background and attitude to- the child tax credit as well as the the impact would be on the economy as ward politics and government, I sup- earned-income tax credit. well as on Americans who have lost pose. I have always thought that one Finally, in addition to those tax pro- their jobs through no fault of their characteristic of almost every Member visions, we must not forget that today, own. of the Senate is that he or she probably November 30, 2010, is the day that fed- There is one group we often don’t was a first grader sitting in the front erally funded unemployment insurance mention. We talk about unemploy- row, hand in the air waiting to be rec- programs will expire. I encourage other ment, jobless Americans and the econ- ognized. This is an eager bunch or you Members of the Senate to not block omy. We often don’t talk about the ad- would not have gotten here. legislation that will reauthorize unem- verse impact specifically on children. Second, it is a group of risk-takers. ployment insurance programs through Mr. President, 1 in 10 Pennsylvania Most people who end up in the Senate the end of 2011—in other words, unem- children has an unemployed parent, get here because a lot of other people ployment insurance to help the newly and that is true across the country— who wanted to be Senators were stand- unemployed still suffering through and roughly 1 in 10 in many States. ing around waiting for the right time fighting through this recession. That translates to 265,000 children to run. A lot of people who were elected If folks in the Senate block this leg- under the age of 18 in the Common- to the Senate seemed to have no islation today—an extension of unem- wealth of Pennsylvania who are di- chance of winning at the time they de- ployment insurance—if they block it, I rectly impacted by unemployment— cided to run, but the voters decided dif- hope they will have an answer for the 265,300 children who are affected just ferently, and here they are. following question or two: What is your by unemployment. So as we address A third characteristic of Senators is strategy to help these folks get ways to improve the economic outlook that we are almost all professional and

VerDate Mar 15 2010 01:11 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.019 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8272 CONGRESSIONAL RECORD — SENATE November 30, 2010 congenial. That is a big help. It is al- ber most about EVAN BAYH is the civil- with him on legislation that would most a requirement in an organization ity and bipartisanship he has shown on make it easier to introduce electric of 100 individuals who spend almost all numerous occasions—and his courtesy cars and trucks in our country and re- their time with one another, who serve to me as an individual Senator. duce our dependence on foreign oil. in a body that operates by unanimous Senator KIT BOND, another Governor. Senator RUSS FEINGOLD will be re- consent, when just one Senator can He and I once served as law clerks on membered for his strong stands—some- bring the whole place to a halt, and the Fifth Circuit Court of Appeals for times solitary stands—such as when he whose job basically is to argue about two judges who helped integrate the voted against the PATRIOT Act and some of the most difficult issues that South, Judges Tuttle and Wisdom. Sen- went to work early on campaign fi- face the American people. So it helps ator BOND has a great many things nance. I thank him for our work to- that almost every Member of the Sen- that could be said about him. But what gether on the Africa subcommittee, on ate is an especially congenial person. most of us admire greatly about his which he has served during his whole Back in Tennessee, people often say time here is his devotion to our intel- time here. to me it must be rough being in that ligence community and national secu- There is no better Senator than JUDD job. They are awfully mean up there. rity, as vice chairman of our Intel- GREGG on either side of the aisle. One The truth is, I don’t know of a more ligence Committee, making sure our indication of that is that the last three congenial group than the Members of intelligence agencies have the tools leaders of Republicans in the Senate the Senate. We begin the day in the they need to prevent terrorist attacks have asked him to sit in on leadership gym. The next thing you know we are on America. meetings to get his wisdom and advice. at a Prayer Breakfast, and then we are Senator SAM BROWNBACK is going the He doesn’t say too much, but what he at a committee hearing. Then we are other way, from Senator to Governor says we all pay attention to. He has on the floor voting, and then we have of Kansas. During the health care de- been the voice of our party and we be- lunch. It goes through the day until 7 bate, I often said that everybody who lieve the voice of Americans who are or 8 o’clock, or sometimes later. We voted for the health care law ought to concerned about fiscal responsibility, live together and we get along very be sentenced to serve as Governor for about spending, and too much debt. well. We know and respect each other. two terms and try to implement it. Senator BLANCHE LINCOLN has been a Not long ago, the Presiding Officer Well, Senator BROWNBACK voted pioneer throughout her career, as a and I were having dinner together with against the health care law, but he’s staff member and a Congresswoman, our wives. We were lamenting the loss going home and will have the oppor- and later as a Senator occupying Sen- of families who know one another, the tunity to ‘‘enjoy’’ all those unfunded ator Hattie Caraway’s desk, who was way it happened when his father was mandates on Medicaid and see how the first woman to be elected to the serving in Congress and when I first Kansas deals with it. What we’ll miss Senate. BLANCHE LINCOLN was the came to the Senate to work for Sen- about SAM BROWNBACK, in addition to youngest woman ever to be elected to ator Baker. And that’s true. We’ve lost his extraordinary kindness, is his devo- the Senate and left her mark with the some of that. Still, there is an enor- tion to human rights, including giving passage of the 2008 farm bill. mous amount of affection and goodwill voice to the oppressed people in North ARLEN SPECTER from Pennsylvania. here. You don’t always get to be very Korea and being an outspoken critic of The word to describe him is ‘‘courage.’’ close friends in this job, but you get to the genocide in Darfur. The other word is ‘‘survivor.’’ And they be very good acquaintances, and you Senator JIM BUNNING. Everybody both go together. ARLEN has had a dis- learn to respect people for their knows about him and baseball. Nobody tinguished career from his youngest strengths. would want to be a batter when he is days. He was a member of the Warren Senator Domenici said, when he left, throwing pitches. We understand he is Commission, investigating President that we don’t do a very good job of say- the only person to strike out Ted Wil- Kennedy’s assassination. In the Senate, ing goodbye here. That is true. As one liams three times in one game. But his work has spanned the entire mark. part of saying goodbye, I wish to say at what not as many people know about One of the things I appreciate most least one good thing about each one of him is that JIM BUNNING has been a about Senator and Mrs. SPECTER is the 16 retiring Senators. Much more persistent leader in fighting for sick their work on Constitution Hall in could be said about each, of course. nuclear workers who served our coun- Philadelphia, which is such an example Mostly, I am going in alphabetical try during the fifties and sixties and of living history. order. were sick because of their work in han- Senator GEORGE VOINOVICH has been First is Senator BOB BENNETT of dling nuclear weapons. So JIM BUNNING a mayor and a Governor and a Senator, Utah. I have known him the longest. deserves the thanks of all the families a strong voice in concerns of fed- We served together in the Nixon ad- of the sick nuclear workers in America eralism. Federal workers have GEORGE ministration. I was in the White House for his service here. to thank for years of attention to working with Bryce Harlow, and he was Senator CHRIS DODD. Children and issues involving Federal employees in the Department of Transportation. families are his hallmark and legacy. that most of us were too busy to pay as That was in 1969 and 1970. What I will He has been here a long time—five much attention to. remember about BOB BENNETT—and terms. But I have felt privileged to There have been four Members ap- most Senators will remember this work with him on the Subcommittee pointed to the Senate who are retiring, about his legacy—are his careful expo- on Children and Families. One thing and that is quite a number. sitions of economic issues. He has a we’ve focused on together is premature Senator TED KAUFMAN of Delaware background as an entrepreneur and births, but he’s also worked on a whole was a great teacher and a longtime businessman. He served with distinc- variety of other legislation. We will Senate staffer before serving in the tion on the Joint Economic Com- miss his congeniality, his good humor, Senate himself. mittee. His expertise in helping us bet- and his devotion to the Senate as an Senator GEORGE LEMIEUX of Florida ter understand the economy has been institution, making sure it stays made his focus balancing the budget valuable. unique as a place where we have unlim- and controlling the debt. We have not Senator EVAN BAYH is one of four ited debate and unlimited amend- heard the last of GEORGE LEMIEUX, I am Governors leaving the Senate. I am one ments, so the voices of the American sure, in politics. who thinks the more Governors, the people can be heard. Senator Roland Burris of Illinois was better. That is a somewhat parochial Senator BYRON DORGAN. I once heard a State comptroller and attorney gen- attitude on my part. But Governors the Chaplain say there is no better sto- eral. He is his own man, and capped off have gotten results and are used to ryteller in the Senate than Senator a long career in public service by serv- working across party lines. Governor DORGAN. He didn’t mean making up ing here. BAYH served two terms as a Senator. stories. He said he was good at taking Senator Carte Goodwin, the youngest Still young, he obviously has a long ca- what he figured was the truth and ex- Senator who replaced the oldest in reer ahead of him. Whatever direction plaining it in ways the rest of us could Senator Byrd. He was here only a few he chooses to go in, what I will remem- understand. I have enjoyed working months, but we’ve enjoyed having him.

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.021 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8273 It has been my privilege to serve come I am worrying about whether my which has been in existence in this with these 16 Senators. We thank them kids will have as good a standard of liv- country since 1916—every nickel of all for their service to our country. They ing as I had? From 1980 until 2005, 80 of those benefits will go to the top have had a chance to serve in what we percent of all income went to the top 1 three-tenths of 1 percent. If we did as regard as the world’s greatest delibera- percent. some of my friends would like—elimi- tive body; it is a special institution. We Today, the Wall Street executives— nate the estate tax completely—it will miss their leadership, and we hope the crooks on Wall Street whose ac- would cost us $1 trillion in revenue they will stay in touch with us because tions resulted in the severe recession over a 10-year period, with all of the they are not just retiring Senators, we are in right now; the people whose benefits going to the top three-tenths they are all our friends. illegal, reckless actions have resulted of 1 percent. I yield the floor. in millions of Americans losing their So I am sure that in a little while my The PRESIDING OFFICER. The Sen- jobs, their homes, their savings—guess friends will come to the floor and say: ator from Vermont is recognized. what. After we bailed them out, those We are very concerned about the def- f CEOs today are now earning more icit, we are very concerned about the money than they did before the bail- WAR AGAINST THE MIDDLE CLASS national debt, but do you know what out. And while the middle class of this we are more concerned about? Giving Mr. SANDERS. Mr. President, there country collapses and the rich become huge tax breaks to the wealthiest peo- is a war going on in this country, and much richer, the United States now ple in this country. I am not referring to the wars in Iraq has by far the most unequal distribu- Mr. President, the tax issue is just or Afghanistan. I am talking about a tion of income and wealth of any major one part of what some of our wealthy war being waged by some of the country on Earth. friends want to see happen in this wealthiest and most powerful people in Mr. President, when we were in country. The reality is that many of this country against the working fami- school, we used to read the textbooks these folks want to bring the United lies of the United States of America, which talked about the banana repub- States back to where we were in the against the disappearing and shrinking lics in Latin America. We used to read 1920s, and they want to do their best to middle class of our country. the books about countries in which a eliminate all traces of social legisla- The reality is, many of the Nation’s handful of people owned and controlled tion which working families fought billionaires are on the warpath. They most of the wealth of those countries. tooth and nail to develop to bring a want more, more, more. Their greed Well, guess what. That is exactly what modicum of stability and security to has no end, and apparently there is is happening in the United States their lives. very little concern for our country or today. And apparently the only con- There are people out there—not all, for the people of this country if it gets cern of some of the wealthiest people in but there are some—who want to pri- in the way of the accumulation of more this country is more and more wealth vatize or completely eliminate Social and more wealth and more and more and more and more power—not all of Security. They want to privatize or cut power. them, by the way. Not all of them. back substantially on Medicare. Yes, if Mr. President, in the year 2007, the There are many wealthy people in this you are 75 years of age and you have no top 1 percent of all income earners in country who understand and are proud money, good luck to you getting your the United States made 231⁄2 percent of to be Americans, who understand that health insurance at an affordable cost all income. The top 1 percent earned one of the things that is important is from a private insurance company. I 231⁄2 percent of all income—more than that all of us do well. And this is an am just sure there are all kinds of pri- the entire bottom 50 percent. That is issue—greed is an issue—we have to vate insurance companies out there apparently not enough. The percentage deal with. of income going to the top 1 percent In the midst of all of this growing in- just delighted to take care of low-in- has nearly tripled since the 1970s. In come and wealth inequality in this come seniors who are struggling with the mid-1970s, the top 1 percent earned country, we are now faced with the cancer or another disease. about 8 percent of all income. In the issue of what we do with the Bush tax Furthermore, there are corporate 1980s, that figure jumped to 14 percent. cuts of 2001 and 2003. And if you can be- leaders out there, and many Members In the late 1990s, that 1 percent earned lieve it, we have people here—many of of Congress, who not only want to con- about 19 percent. And today, as the my Republican colleagues—who tell us: tinue but they want to expand our dis- middle class collapses, the top 1 per- Oh, I am so concerned about our rec- astrous trade policies. My wife and I cent earns 231⁄2 percent of all income— ordbreaking deficit. I am terribly con- went shopping the other day—started more than the bottom 50 percent. cerned about a $13.7 trillion national our Christmas shopping—and we Today, if you can believe it, the top debt. I am terribly concerned about the looked and we looked, and virtually one-tenth of 1 percent earns about 12 debt we are going to be leaving to our every consumer product that was out cents of every dollar earned in Amer- kids and our grandchildren. But wait a there in the stores was China, China, ica. minute. It is very important that we and China. We seem to be a country in We talk about a lot of things on the give, over a 10-year period, $700 billion which we have a 51st State named floor of the Senate, but somehow we in tax breaks to the top 2 percent. Oh China which is producing virtually all forget to talk about the reality of who yeah, we are concerned about the debt, of the products we as Americans con- is winning in this economy and who is we are concerned about the deficit, but sume. losing. It is very clear to anyone who we are more concerned that million- Our trade policy has resulted in the spends 2 minutes studying the issue aires—people who earn at least $1 mil- loss of millions of good-paying jobs as that the people on top are doing ex- lion a year or more—get, on average, large corporations and CEOs have said: traordinarily well at the same time as $100,000 a year in tax breaks. So we Why do I want to reinvest in America the middle class is collapsing and pov- have a $13.7 trillion national debt, and when I can go to countries where peo- erty is increasing. Many people out growing, we have growing income in- ple are paid 50 cents, 75 cents an hour? there are angry, and they are won- equality—the top 1 percent earning That is what I am going to do; to heck dering what is happening to their own more income than the bottom 50 per- with the working people of this coun- income, to their lives, to the lives of cent—but the highest priority of many try. So not only are we saddled with their kids. of my Republican colleagues is to this disastrous trade policy, but there If you can believe this, since between make sure millionaires and billionaires are people who actually want to expand 1980 and 2005, 80 percent of all new in- get more tax breaks. I think that is ab- it. come created in this country went to surd. One of the things we are going to see the top 1 percent—80 percent of all new But it is not only income tax rates is while we struggle with a record- income. That is why people are won- that we are dealing with; it is the es- breaking deficit and a large national dering and asking: What is going on in tate tax as well. And let’s be clear. debt—caused by the wars in Iraq and my life? How come I am working While some of my friends want to Afghanistan, caused by tax breaks for longer hours for lower wages? How eliminate completely the estate tax— the wealthy, caused by an unpaid-for

VerDate Mar 15 2010 01:11 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.022 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8274 CONGRESSIONAL RECORD — SENATE November 30, 2010 Medicare Part D prescription drug pro- as good friends. BOB’s presence in the judgment and strong leadership. Re- gram, caused by the Wall Street bail- Senate is going to be sorely missed. publican Senators have considered him out driving up the deficit, driving up Senator BENNETT is a lot of things. a trusted resource when it comes to the national debt—some people will He is honest, he is thoughtful, he is strategy and policy. He has been a con- say: Oh my goodness, we have all those knowledgeable. But more than any- sistent resource for those who seek expenses, and then we have to give tax thing else, Senator BENNETT is a fight- thoughtful answers to difficult polit- breaks to millionaires and billionaires, er for the people of Utah. BOB has ical questions. For these reasons, served with unwavering devotion to but we want to balance the budget. among others, BOB has served on the our State, its people, and its interests. Gee, how are we going to do that? leadership teams of our current minor- Throughout his 18 years in the Senate, Obviously, we know how they are ity leader, Senator MCCONNELL, as well the State of Utah has been foremost in going to do that. They are going to cut as his predecessor, Senator Bill Frist. back on health care, they are going to BOB’s thoughts, and I don’t believe he cut back on education, they are going has made a single decision he didn’t be- While he is more well known for his to cut back on child care, and they are lieve was in the best interests of our quiet, contemplative demeanor, Sen- going to cut back on Pell programs. We State and of our Nation. ator BENNETT has always been an out- just don’t have enough money for Senator BENNETT is the son of standing orator. He comes often to the working families and nannies. We are Frances and Wallace F. Bennett. Wal- floor to discuss various issues at lace F. Bennett, we should all remem- going to cut back on food stamps. We length, rarely reading from notes and ber, was also a great U.S. Senator from are surely not going to expand unem- almost never skipping a beat. His con- Utah who served four terms between ployment compensation. We have a tributions to our debates in the Senate 1951 and 1974. I think that is accurate. higher priority, Mr. President: We have have always been very valuable, and I BOB is also the grandson of Heber J. got to, got to, got to give tax breaks to think people on both sides of the aisle Grant, the seventh President of the millionaires. I mean, that is what this will acknowledge that and have appre- Church of Jesus Christ of Latter-day place is all about, isn’t it? They fund ciated the type of advocacy he has Saints. the campaigns, so they get what is due After attending East High School in brought to the floor of the Senate—al- ways courteous, always well thought them. Salt Like City, BOB graduated from the Amazingly enough, we have the CEOs University of Utah, where he was elect- out, always reasonable, and always, in on Wall Street and the large financial ed the student body president and ob- my opinion, right. institutions that want to rescind or tained a degree in political science in As I mentioned before, I know few slow down many of the provisions—the 1959. His first political job was man- Senators who can match Senator BEN- very modest provisions—in the finan- aging his father’s 1962 successful re- NETT’s commitment to the people he cial reform bill. I voted for the finan- election campaign. BOB then spent sev- represents. Every single person in the cial reform bill, but I will tell you eral years working as a Mormon chap- State of Utah has benefited from the clearly that it did not go anywhere lain in the Utah Army National Guard work of Senator BENNETT. One cannot near far enough, but it went too far for before becoming a chief congressional ride on a train or drive on a freeway in our Wall Street friends and their lobby- liaison at the U.S. Department of Utah or avail oneself of so many other ists, who are all over here. And for the Transportation. assets and attributes in Utah without hundreds of millions of dollars Wall After his time at the Transportation seeing the results of Senator BENNETT’s Street spends on this place, they want Department, Senator BENNETT moved service in the Senate. to rescind, slow down some of the re- on to a successful career in public rela- forms there. tions. For over a decade, he presided Our State has seen a lot of growth in These people want to cut back on the over some of the most successful and recent years due to the expansion of powers of the EPA and the Department high-profile public relations organiza- our population and the fact that more of Energy so that ExxonMobil can re- tions in the country. He became well and more companies have recognized main the most profitable corporation known for his hard work, his leadership that Utah is a great place to do busi- in world history while oil and coal ability, and his entrepreneurial prow- ness. Utah’s infrastructure has for the companies continue to pollute our air ess. This was solidified in 1984 when most part been able to keep pace with and our water. Last year, ExxonMobil BOB was named the CEO of the Frank- the rapid growth, thanks in large made $19 billion in profit. Guess what. lin International Institute, which is measure to the work of Senator BEN- They paid zero in taxes. They got a $156 now known as Franklin Covey. Frank- NETT. million refund from the IRS. I guess lin Covey is now one of the premier I will miss working with Senator that is not good enough. We have to personal and organizational effective- BENNETT to help the people of our give the oil companies even more tax ness firms in the world. The products State, but I will miss him more as a breaks. and services provided by the company friend. BOB and his wonderful wife So I think that is where we are. We impact literally millions of people Joyce—and she has been a tremendous have to own up to it. There is a war every year. companion to him, tremendous help- going on. The middle class is strug- But when BOB joined the company mate to him over these years—have gling for existence, and they are taking they had only four employees. During been married for 48 years. They have 6 on some of the wealthiest and most his tenure that number grew to over powerful forces in the world whose 1,000. By the time he left to run for the children and 20 grandchildren. I know greed has no end. And if we don’t begin Senate, the company was listed on the every one of them is proud of the great to stand together and start rep- New York Stock Exchange. It was at service BOB has rendered to his country resenting those families, there will not that time an already thriving corpora- and the Senate, and they should be. I be a middle class in this country. tion, a world leader in its industry, too am so pleased and proud of my Mr. President, with that, I yield the thanks in no small part to BOB’s lead- friend, Senator BENNETT, and I am cer- floor. ership. For his efforts, BOB was named tain that BOB will be successful in any The PRESIDING OFFICER. The Sen- Inc. Magazine’s Entrepreneur of the endeavor he chooses in the future upon ator from Utah is recognized. Year for the Rocky Mountain region. leaving the Senate. f BOB was elected to the Senate in 1992 BOB BENNETT is a wise counselor. He COMMENDING SENATOR BOB after a hotly contested Republican pri- is a truly honest man. He cares not mary and a hard-fought general elec- BENNETT only for the people he represented but tion. His father—once again, the great Mr. HATCH. Mr. President, I rise everybody in this country and many Senator Wallace F. Bennett—lived just people throughout the world. today to recognize the retirement and long enough to see his son win an elec- the departure of my great friend, BOB tion and serve in the Senate for almost He lives his religious beliefs. Other BENNETT. Senator BENNETT and I have a full year. I know that must have been than family, I can’t compliment any- jointly represented the State of Utah a great source of pride for the senior body more than that. He lives his reli- for many years. We are close. During Senator Bennett and his family. gion. He is exemplary. He is one of the that time, we have worked together as Over his 18 years in the Senate, BOB most thoughtful people I have ever partners, collaborators, but most of all has continued to demonstrate sound known. I value his friendship and I

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.023 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8275 value his advice and I have valued it very end did everything he could missile systems to Iran, as it did in over these years that we have served throughout the State to see to it that September? together. He has always been a serious I was triumphant in that election. And why put the Nunn-Lugar Cooper- and productive leader who also has a It turned out I was not, as far as the ative Threat Reduction Program at tremendously great sense of humor. convention is concerned, but elections risk? Senator LUGAR himself has After all is said and done, he is a great and conventions are not the be-all-and- warned that failure to ratify the treaty father, grandfather, husband, and end-all of life. I will go on to other ac- could imperil that enormously success- friend—just to mention a few. tivities, but I will hang onto my friend- ful program in securing loose nukes. BOB will be successful in whatever he ship with ORRIN HATCH and continue If this modest treaty is blocked by chooses to do. He is a good man. I per- my respect and love for him in the the minority, I do not believe my sonally will miss him. I think every- years to come. friends on the other side will be pleased body in the Senate will miss him, and I yield the floor and suggest the ab- with the consequences. I believe it is safe to say everybody in sence of a quorum. Many of my colleagues on the other Utah will miss him as well—some more The PRESIDING OFFICER. The side of the aisle want to see negotia- than others. Nevertheless, if they look clerk will call the roll. tions with Russia on reductions in tac- at his record and they look at the The assistant legislative clerk pro- tical nuclear weapons. I agree. That is things he has done for our State, for ceeded to call the roll. going to be a difficult task under any our people, they are going to thank Mr. FRANKEN. Mr. President, I ask circumstances. But as our lead nego- God that BOB BENNETT was a Senator unanimous consent that the order for tiator Rose Gottemoeller said recently, for 18 solid years. I personally thank the quorum call be rescinded. there is zero chance of getting to the the Father in Heaven for having him The PRESIDING OFFICER. Without negotiating table with the Russians on here as a partner to me, as a friend, objection, it is so ordered. tactical nuclear weapons unless we get and as somebody on whom I could rely Mr. FRANKEN. Mr. President, are we this treaty ratified and entered into and with whom I could counsel on some in morning business? force. of these very earthshakingly important The PRESIDING OFFICER. The Sen- It is also important to note that my matters that come before our Senate. ator is correct. colleagues on the other side of the aisle I have such a great opinion of BOB f have been delaying consideration of the BENNETT, I don’t think even he has treaty for some time. Back in August, NEW START TREATY known—maybe not until today—how Senator MCCONNELL said, ‘‘The only great that opinion has been. I think Mr. FRANKEN. Mr. President, I rise way this treaty gets in trouble is if it’s the world of him. I love him as a today to speak once again about the rushed.’’ And Senator KYL told report- human being, and I wish him the very New START treaty. Today I will talk ers that since it could be hard to get best, he and his family. about the New START treaty and the everything done before the November I yield the floor. maintenance of a safe, secure, and ef- election, the Senate might need a The PRESIDING OFFICER. The Sen- fective nuclear deterrent. That means lameduck session to vote on New ator from Utah is recognized. maintaining and sustaining the nuclear START. Mr. BENNETT. Mr. President, I am weapons stockpile and delivery plat- The administration and Chairman embarrassed and humbled and gratified forms; modernizing the buildings and KERRY deferred to those Republicans, by the comments of my senior col- equipment in the nuclear weapons com- but now those same colleagues are say- league, Senator HATCH. My wife has plex; and supporting the experts and ing we can not do it during the lame- said, by virtue of our retirement from scientists who are involved in it. duck session. To them, I say, if not the Senate: It is a little like going to I would like to preface my remarks now, when? If we defer and delay fur- your own funeral. You are hearing all by underlining the urgency for the Sen- ther, we risk a collapse in relations of the eulogies but you are still alive. ate to ratify the treaty. How can it be with Russia, including the loss of their We, indeed, are planning a significant that we do not have a treaty with Rus- continued cooperation on the all-im- life and activity after the Senate. I will sia in place, along with its verification portant Iran issue. have more to say about that at some regime 360 days after the expiration of Now, the remaining major objection other time. But I want to express my the original START treaty? That is to ratification that Republicans have gratitude to Senator HATCH for the more than 6 months after the adminis- raised is not a feature of the treaty kind words he has spoken, but more tration submitted the treaty to the itself, but maintenance and moderniza- importantly for the relationship we Senate. tion of our nuclear arsenal and com- have developed in the time we have The verification regime will provide plex. served together. crucial insight into Russian forces, in- There is bipartisan agreement that We did not know each other very well sight that is degrading over time with- as our nuclear arsenal gets smaller prior to my running for the Senate. He out the treaty in place. We need to rat- through arms control agreements, en- was a Senator off in Washington; I was ify this treaty now. suring that it remains safe, secure, and a businessman in Utah. We had little For decades, our relations with the effective takes on added importance. occasion to see our paths cross and be- Soviet Union, and now with Russia, From my perspective that is the funda- come acquainted. have been stabilized and made more mental justification for nuclear mod- One of the things I will treasure the predictable and cooperative through ernization. And I agree with Senator most out of my experiences in the Sen- arms control agreements. How can it KYL, who emphasized in a floor state- ate has been the opportunity to come be that now, when Russia is no longer ment, and I quote, the ‘‘direct link be- to know ORRIN as a friend, as a dedi- our enemy and yet not our ally, my tween nuclear force reductions and cated legislator, and a role model and friends across the aisle are refusing to modernization of the U.S. nuclear mentor. He has guided me many times move forward on ratifying a modest weapons complex.’’ Likewise, Senator when I needed some guidance. We have treaty that is critical for our national MCCAIN has noted that, ‘‘as we move to disagreed sometimes when that was ap- security? reduce the size of our nuclear stock- propriate given our particular posi- If consideration of the treaty is de- pile, this modernization effort becomes tions on an issue or two, but always I layed or blocked, it will make coopera- all the more important.’’ have been able to look to ORRIN HATCH tion with Russia on national security The Obama administration has made as a mentor, a friend, someone upon interests much more difficult, if not a serious commitment to nuclear mod- whom I could depend. impossible. Do you seriously believe ernization, and they have paired it In the recent election when there that, if you block or reject the treaty, with arms control. We have an exten- were those who were suggesting that we will see Russia’s continued coopera- sive set of programs in place to retain maybe ORRIN should distance himself tion with international sanctions on confidence in the stockpile without from me for his own political benefit, I Iran? Are you not concerned that Rus- testing. We are extending the life of am gratified by the fact that he not sia will reconsider its prohibition on our current nuclear delivery vehicles only refused to do that but until the the sale of the S–300 anti-air defense and studying, planning, and beginning

VerDate Mar 15 2010 01:11 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.025 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8276 CONGRESSIONAL RECORD — SENATE November 30, 2010 the next generation. And we are con- that balances deterrence, arms control, and The decision on our long-range strike tinuing to develop plans for major im- nonproliferation. Singular emphasis on one capabilities should be deferred in part provements in the complex of facilities or another element would reduce the nuclear because, as the Under Secretary of De- that support the nuclear enterprise. security of the United States and its allies.’’ fense recently explained, the DoD will I support the administration’s ap- I submit that the administration and seek the same productivity growth and proach to modernization tethered to those of us who have pushed nuclear cost savings here as it is pursuing with arms control. Now I have to admit, in modernization in good faith, to support the SSBN(X) submarine. these tough economic times, I do have deterrence and nonproliferation and On the nuclear stockpile, the admin- concerns with spending $85 billion on arms control, are following this rec- istration, with congressional support, an enormous nuclear complex, that is a ommendation. Those who have held the is moving forward with the ongoing staggering amount of money. Without New START treaty hostage to Life Extension Program for the W76 a commitment to arms control and ungrounded complaints about mod- and with studies for the B61 Life Ex- nonproliferation, it is impossible to ernization and ever-changing demands tension Program. It will also conduct a justify spending that much money. are not. similar study for the W78, including ex- This is the 21st century, not the cold I believe many of my colleagues on ploring the potential for a common war, and our needs are different. the other side will vote for this treaty. system with the W88 warhead. That is why I will not support this They understand that it is modest but Some of my Republican friends have massive investment in modernization also important, and they will put na- complained that the administration’s without an equal commitment to arms tional security ahead of partisan polit- policy for the refurbishment, reuse, control and nonproliferation. That is ical pressures. But if a small number of and replacement of nuclear compo- why earlier this year I joined several Republicans continue to delay and nents in the warheads unduly con- colleagues in writing to the Budget block this treaty, they will be respon- strains the work of scientists in the Committee in support of the adminis- sible for the disintegration of the con- nuclear complex. This is not so, as the lab directors have testified. These lab tration’s massive Fiscal Year 2011 re- sensus on nuclear modernization, and directors are on the frontlines of main- quest for the National Nuclear Safety the complex and arsenal will once taining and modernizing the stockpile, Administration, or NNSA. again become subject to controversy, and they will have the flexibility they I will continue to fight for nuclear dispute, and drift. That is just the re- need. modernization paired with arms con- ality. It is true that Republicans have Then there is the nuclear complex. In trol. But they must be paired. Our na- the 10-year plan the administration tional security requires it. And polit- broadly questioned the administra- tion’s commitment on nuclear mod- submitted under section 1251 of last ical reality requires it. year’s defense authorization, the ad- That is what the Congressional Com- ernization. But their criticisms do not stand up to scrutiny. ministration made an historic invest- mission on the Strategic Posture of the ment in the nuclear complex. It set a United States, better known as the Thus, Senator KYL’s criticisms of the Obama administration’s pledge to dramatically higher baseline for fiscal Perry-Schlesinger Commission, made year 2011. It included several years of clear. The Commission’s report has spend $100 billion to maintain and mod- ernize nuclear delivery systems, that is funding increases consistent with what been the main touchstone on all sides the NNSA can absorb and execute. And of the debate over New START. right, $100 billion, is that ‘‘the plan makes a commitment only to a next- over 10 years, it initially committed to The December 15, 2009 letter to the an $80 billion investment in the nuclear President from 41 of my colleagues, in- generation submarine, not to a next- generation bomber, ballistic missile, or complex, a $10 billion increase. cluding all the members of the minor- Now, the Democratic Congress took ity, relies heavily on the Commission’s air-launched cruise missile.’’ This makes it sound like the admin- the extraordinary step this past Sep- recommendations in spelling out its re- tember of including funding at the full istration lacks commitment to a cred- quirements for the treaty and mod- fiscal year 2011 level for weapons ac- ible deterrent, but that is just not true. ernization. Senator MCCAIN’s Sep- tivities in the continuing resolution we Where decisions need to be made now, tember 14 letter to the Foreign Rela- passed. Almost everything else in the the administration has made them, tions Committee relies on the Commis- continuing resolution stuck to 2010 lev- with respect to the SSBN(X), the next- sion’s perspective on the modernization els. generation submarine. Where decisions of the nuclear complex. Senator KYL’s The nuclear complex is one of the May 24, 2010, floor speech on New would benefit from further consider- most controversial parts of the debate START also makes prominent ref- ation, and do not need to be made now, over nuclear modernization, particu- erence to and endorses the Commis- that is what is happening. larly the prospect of replacing two sion’s report. The administration is undertaking a major facilities. The first is the chem- Here is the first page of the report’s comprehensive set of assessments of istry and metallurgy research facility Executive Summary: 21st century threats and needs, and it replacement at Los Alamos, which is will then make decisions on what fol- ‘‘While deterrence plays an essential role central to our plutonium capabilities. in reducing nuclear dangers, it is not the lows the Minuteman III, the Air- The second is the uranium processing only means for doing so, and accordingly the Launched Cruise Missile, and the B–52 facility at the Y–12 plant in Tennessee. United States must seek additional coopera- and B–2. Republicans have complained that tive measures of a political kind, including The Minuteman III missile is, by con- there is uncertainty and not enough for example arms control and nonprolifera- gressional mandate, having its life ex- funding for these two replacement tion. This is a time when these approaches tended through 2030. Studies to inform projects. But the administration’s can be renewed and reenergized.’’ the decision about the follow-on are budget has shown a significant com- Not only deterrence, but also arms needed now, and they are happening. mitment. Where there is uncertainty, control and nonproliferation. We must Similarly, the Department of Defense it is not due to a lack of commitment be committed to both together. That is is studying the right mix of long-range on the administration’s part, but sim- why the Commission goes on to say, strike capabilities, and part of that ply because the design and planning ‘‘These components of strategy must will be the appropriate role for succes- processes for these facilities are in an be integrated into a comprehensive ap- sors to the Air-Launched Cruise Missile early phase. proach.’’ and the bomber. The decision with re- We simply do not know what con- It is just such a comprehensive ap- spect to our bombers can be made in struction of the facilities is going to proach that the administration has the future because the bombers, though cost, and that is something the fiscal taken. In its very first recommenda- old, don’t get that much stress and year 2011 budget submission from tion, the Commission warns of the im- still have a lot of life left in them. The NNSA makes abundantly clear. To portance of maintaining both compo- same is true for the Air-Launched budget as though we did know those nents of strategy: Cruise Missile, though a decision on costs would be irresponsible—espe- The United States should continue to pur- what will follow next needs to be made cially for an agency that has histori- sue an approach to reducing nuclear dangers sooner. cally been plagued by cost overruns. It

VerDate Mar 15 2010 02:33 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.017 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8277 is simply too soon to have a solid base- President, Senator KYL indicated he the Chamber of the United States Sen- line planning number. wanted assurances that the fiscal year ate—a fascinating, inspiring, often tu- To be sure, the administration has 2012 budget would include adequate multuous tale of conflict and com- been updating and revising its plans funding as well. Although next year’s promise, reflecting the awesome poten- and estimates. Two weeks ago, it re- budget is not due out until February, tial of our still-young democracy and leased an update to its section 1251 re- as I mentioned before, the administra- its occasional moments of agonizing port with a revised, substantially high- tion has already announced what it frustration. er cost estimate for both replacement will be requesting, and it will be an- For much of my life, this story has facilities. other enormous increase in the weap- intersected with my own in ways that It also included yet more funding for ons activities budget. Can there really the NNSA’s overall budget. The admin- be any doubt that the administration have been both thrilling and humbling. istration has proposed an additional will move aggressively forward with As a 14-year-old boy, I sat in the family $600 million in funding for fiscal year modernization—if Republicans take the gallery of this very Chamber watching 2012 and an additional $4.1 billion over first modest step of ratifying New as my father took the oath of office as the next 5 years. That brings the total START now? a new Senator. A few years later, in for the next decade to $85 billion. This We have passed our key test. The ad- 1962, I sat where these young men and both serves as a reminder that it is too ministration has met the demands Sen- women sit today, serving as a Senate early to have a fixed budget for the ator KYL had laid out. Now the key page. John F. Kennedy was President new facilities, and also strongly rein- test for Senator KYL and others is and Lyndon Johnson presided over this forces the administration’s good-faith whether they will join us in ratifying body. Eighteen years later, in the fall effort and commitment. the New START. If they don’t do that of 1980, the people of Connecticut gave This brings me back to my funda- now, the consensus that we have built me the honor of a lifetime when they mental point. I believe that support for will fall apart. Our national security the two new facilities can be sustained asked me to give voice to their views, will be put at risk. And we will return if we follow the path laid out by the electing me to serve as their U.S. Sen- to the dark days when the nuclear en- Perry-Schlesinger Commission and ator. For the past 30 years, I have terprise was the subject of neglect and pursued by the administration. This worked hard to sustain that trust. I am controversy. means balancing deterrence, arms con- proud of the work I have done, but it is The New START is a modest but very time for my story and that of this in- trol, and non-proliferation. The reality important step. It is one we should all is that there will be significant ques- stitution, which I cherish so much, to take together, without controversy. diverge. Thus, Mr. President, I rise to tions and doubts about proceeding with I thank the Chair, and I yield the such a costly modernization effort if it floor. give some valedictory remarks as my service as a U.S. Senator from Con- is not accompanied by equal support f for arms control and non-proliferation. necticut comes to a close. RECESS There is no doubt that the existing Now, it is common for retiring Sen- Mr. FRANKEN. Mr. President, I ask facilities are aging and run down. ators to say the following: I will miss unanimous consent that the Senate There are even safety problems. Some- the people but not the work. Mr. Presi- thing must be done. now stand in recess for the weekly cau- dent, you won’t hear that from me. But if we are going to move forward cus meetings, as provided under the effectively, modernization must be previous order. Most assuredly, I will miss the people paired with arms control. And that There being no objection, at 12:21 of the Senate, but I will miss the work starts with a modest first step—ratifi- p.m., the Senate recessed until 4 p.m. as well. Over the years, I have both cation of the New START. and reassembled when called to order witnessed and participated in some Without that step, consensus will by the Presiding Officer (Mr. BENNET). great debates in this Chamber, mo- break down, the replacement facilities The PRESIDING OFFICER. The Sen- ments when statesmen of both parties will once again lose a coherent mis- ator from Connecticut. gathered together in this Hall to weigh sion, and we will be stuck with drift f the great questions of our time. And and controversy. The Perry-Schles- FAREWELL TO THE SENATE while I wish there had been more of inger Commission recognizes that if it Mr. DODD. Mr. President, first of all, those moments, I will always remem- is not possible to sustain the budget let me express my gratitude to all of ber the Senate debates on issues such requisite for both facilities concur- the colleagues and other individuals as Central America, the Iraq war, cam- rently, choices will have to be made. paign finance reform, securities litiga- They give powerful reasons for mov- who have come to the Chamber at this moment. tion, health care, and, of course, finan- ing forward with the chemistry and cial reform. metallurgy research facility before the Everyone who serves in Congress usu- uranium processing facility. That is ally recalls two moments in their serv- And when I am home in Connecticut, the kind of tough choice we will have ice: the maiden speech they give short- I see the results of the work we did to make if New START is not ratified. ly after their arrival and their closing every day. I see workers coming home Similarly, real uncertainty will creep remarks. I can’t recall what the first from their shifts at Pratt & Whitney, into the consideration of just what sort speech I gave as a new member of the Electric Boat, the Sikorsky helicopter of project the chemistry and metal- House of Representatives 36 years ago plant—the lifeblood of a defense manu- lurgy research facility should be. was even about. I do, however, recall facturing sector so critical to our na- Let me conclude by noting that the very vividly that there was no one else tional security and to the economic administration and the Democratic in the Chamber when I gave it. It was well-being of my home State. I see Congress have met every demand that an empty hall early one evening with communities preparing for high-speed many of my friends across the aisle the exception of one colleague, Johnny rail and breaking ground for new com- have made on modernization. To my Dent from Pennsylvania. He was sit- munity health centers. I see the grants friends on the other side, I say, look at ting in his chair with his trademark we fought for helping cities and towns the demands in the December 2009 let- dark glasses, listening patiently as I to build sustainable communities and ter that you all signed. The adminis- gave my knee-rattling, hand-shaking promote economic development. tration has met each of those demands. maiden address. Midway through the Look at what Senator KYL said in an speech, he walked up to me and said When I am home, I meet parents who, op-ed in July: ‘‘A key test is whether quietly: You know, kid, it is not on the because of the Family and Medical the Democratic-controlled Congress level. Well, that was my first speech Leave Act, don’t have to choose be- will approve the president’s nuclear before the House, and I am deeply hon- tween keeping their jobs and taking modernization requests for the coming ored that so many of you have come care of their sick children. I visit with fiscal year.’’ We passed that test, and out to listen to my closing remarks elderly folks who no longer have to as I mentioned earlier under an other- today so I do not have to speak to an choose between paying for their pre- wise flat-lined continuing resolution. empty Chamber. scription drugs and paying for their In that same piece, and in his March For more than 200 years, a uniquely heat. I hear from consumers who have letter with Senator MCCONNELL to the American story has unfolded here in been victimized by unfair practices on

VerDate Mar 15 2010 02:35 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.019 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8278 CONGRESSIONAL RECORD — SENATE November 30, 2010 the part of credit card companies and I could ever say in these few short mo- bilitating our journalistic traditions, who will no longer be subject to those ments. So come January, I am glad I and restoring citizen faith in govern- abuses. And I meet young children as will have more time to say it to you ment and politics, I know that wishes well who, through Early Head Start or more often. And to Jackie in par- won’t make it so. access to afterschool programs, have ticular: You have been my anchor to I have heard some people suggest blossomed academically in spite of dif- windward in the rough and turbulent that the Senate as we know it simply ficult economic circumstances. waters of public service. When it was cannot function in such a highly As proud as I am of the work that has the darkest, you were the brightest. I charged political environment; that we made these stories possible over the love you more than life. should change Senate rules to make it last three decades, I am keenly aware, As this chapter in my career comes more efficient, more responsive to the particularly today, that I did not do to a close, a new chapter in the Sen- public mood—more like the House of any of this alone. Until this last Con- ate’s history is beginning. When this Representatives, where the majority gress, with rare exceptions, every body is gaveled to order in January, can essentially bend the minority to major piece of legislation I authored nearly half of its Members will be in its will. I appreciate the frustrations that became law—including the ones I their first term. And even though I many have with the slow pace of the have just mentioned—had a Republican could spend hours fondly recalling a legislative process, and I certainly cosponsor as well as support from my lifetime of yesterdays, this new Senate share some of my colleagues’ anger Democratic caucus. So to my Demo- and the Nation must confront a very with the repetitive use and abuse of the cratic and Republican Senate col- uncertain tomorrow. So rather than re- filibuster. Thus, I can understand the leagues who joined me in all these ef- cite a long list of personal memories or temptation to change the rules that forts over 30 years, I say thank you to revisit video highlights of my Sen- make the Senate so unique and simul- this afternoon. ate service, I would like to take this taneously so terribly frustrating. But I also want to thank, if I can, the un- brief time, in these few short moments, whether such a temptation is moti- sung heroes of this institution—the to offer a few thoughts to those who vated by a noble desire to speed up the Senate staff and my personal staff. It will write the Senate’s next chapter. legislative process or by pure political would be a grievous understatement to I will begin by stating the sadly obvi- expedience, I believe such changes simply say they make the trains run ous. Our electoral system is a mess. would be unwise. on time. Without them, as all of us Powerful financial interests, free to We 100 Senators are but temporary know, the trains would never leave the throw money about with little trans- stewards of a unique American institu- station at all—the floor staff, the parency, have corrupted, in my view, tion, founded upon universal principles. cloakroom professionals of both par- the basic principles underlying our rep- The Senate was designed to be dif- ties, and the hundreds of unknown and resentative democracy. As a result, our ferent, not simply for the sake of vari- unseen people who show up every day political system at the Federal level is ety but because the Framers believed in this body to make this critical insti- completely dysfunctional. Those who the Senate could and should be the tution of democracy function. Without were elected to the Senate just a few venue in which statesmen would lift them, no Senator could fulfill his or weeks ago must already begin the un- America up to meet its unique chal- her obligations to the American people. pleasant work of raising money for lenges. Many of my personal staff and com- their reelection 6 years hence. Newly- As a Senator from the State of Con- mittee staff are present in the Senate elected Senators will learn that their necticut—and the longest serving one gallery today. Neither I nor the mil- every legislative maneuver, their every in its history—I take special pride in lions of Americans whose lives you public utterance, and even some of the role two Connecticut Yankees have enriched or whose burdens you their private deliberations will be fod- played in the establishment of this have lightened can ever thank you der for a 24/7 political media industry very body. It was Roger Sherman and enough. I only hope your time with me that seems to favor speculation over Oliver Ellsworth, delegates from Con- has been as fulfilling as my time with analysis and conflict over consensus. necticut to the Constitutional Conven- you. This explosion of new media brings tion in 1787, who proposed the idea of a Of course, I owe an enormous debt of with it its own benefits and its draw- bicameral national legislature. The gratitude to the people of Connecticut, backs—and it is occurring simulta- Connecticut Compromise, as it came to whose confidence, patience, and spirit neously as the presence of traditional be known, was designed to ensure that have given my life and its work deep media outlets in our Nation is declin- no matter which way the political meaning. As rich as our common lan- ing. So while the corridors of Congress winds blew or how hard the gusts, there guage is, words cannot even come close are crowded with handheld video and would be a place—one place—for every to capturing the depth of my affection cell phone cameras, there is a declining voice to be heard. for and appreciation of the people of roll for newspaper, radio, and network The history of this young democracy, the State of Connecticut. For almost journalists reporting the routine delib- the Framers decided, should not be four decades—three terms in the House erations that are taking place in our written solely in the hand of the polit- of Representatives, five terms in this subcommittee hearings. Case in point: ical majority. In a nation founded in Chamber—you have entrusted me to Ten years ago, 11 or 12 reporters from revolution against tyrannical rule labor on your behalf, and I deeply Connecticut covered the delegation’s which sought to crush dissent, there thank you for that honor. legislative activities. Today, there is should be one institution that would And lastly, my family. My parents only one doing the same work. always provide a space where dissent are long since deceased, but their guid- Meanwhile, intense partisan polariza- was valued and respected. E pluribus ance, inspiration, and example have tion has raised the stakes in every de- unum—out of many, one. And though never departed. For the past 30 years, I bate and on every vote, making it dif- we would act as one, and should, the have sat at this very same desk occu- ficult to lose with grace and nearly im- Framers believed our political debate pied by my father during the 12 years possible to compromise without cost. should always reflect that in our be- he served in this Chamber. His courage, Americans’ distrust of politicians pro- liefs and aspirations, we are, in fact, character, and conviction have been a vides compelling incentives for Sen- many. In short, our Founders were con- constant reminder of what it means to ators to distrust each other, to dispar- cerned not only with what we legis- be a U.S. Senator. I thank my siblings age this very institution, and to dis- lated but, just as importantly, with and their children and other relatives engage from the policymaking process. how we legislated. for their enthusiastic support, particu- These changes have already had their In my years here, I have learned that larly during the rough patches. From effect on the Senate. The purpose of in- the appreciation of the Senate’s role in time to time, we all need the safe har- sulating one-half of the national legis- our national debate is an acquired bor of family at the darker moments. lature from the volatile shifts in public taste. Therefore, to my fellow Senators And to Jackie, Grace, and Christina, mood has been degraded. And while I who have never served a day in the mi- who have supported and inspired me strongly favor reforming our campaign nority, I urge you to pause in your en- every day: You mean more to me than finance system, revitalizing and reha- thusiasm to change Senate rules. And

VerDate Mar 15 2010 02:35 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.032 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8279 to those in the minority who routinely No matter how obnoxious you find a fidence back—we need to feel that abuse the rules of the Senate to delay colleague’s rhetoric or how odious you same optimism that has sustained us or defeat almost any Senate decision, find their beliefs, you will need them. through more than two centuries. know that you will be equally respon- And despite what some may insist, you Now, I am not naı˜ve. I am aware of sible for undermining the unique value do no injustice to your ideological the conventional wisdom that predicts of the Senate—a value, I would argue, principles when you seek out common gridlock in the Congress. that is greater than that which you ground. You do no injustice to your po- But I know both the Democratic and might assign to the political motiva- litical beliefs when you take the time Republican leaders. I know the sitting tions driving your obstruction. to get to know those who don’t share members of this chamber as well. And So in the end, of course, I would sug- them. my confidence is unshaken. gest this isn’t about the filibuster. I have served with several hundred Why? Because we have been here be- What will determine whether this in- Senators under every partisan configu- fore. The country has recovered from stitution works or not, what has al- ration imaginable: Republican presi- economic turmoil. Americans have ways determined whether we fulfill the dents and Democratic presidents, di- come together to heal deep divides in Framers’ highest hopes or justify the vided government and one party con- our Nation and the Senate has led by cynics’ worst fears is not the Senate trol. finding its way through seemingly in- rules or the calendar or the media; it is And as odd as it may sound in the tractable political division. whether each of the 100 Senators can present political environment, in the We have proven time and time again work together, living up to the incred- last three decades I have served here, I that the Senate is capable of meeting ible honor that comes with this title cannot recall a single Senate colleague the test of history. We have evidenced and the awesome responsibility that with whom I could not work. the wisdom of the Framers who created comes with this office. Sometimes those relationships take its unique rules and set the high stand- Politics today seemingly rewards time, but then, that is why the Fram- ards that we must meet. only passion and independence, not de- ers gave us 6-year terms: so that mem- After all, no other legislative body liberation and compromise as well. It bers could build the social capital nec- grants so much power to each member, has become commonplace to hear can- essary to make the Senate function. nor does any other legislative body ask didates for this body campaign on how Under our Constitution, Senators are so much of each member. they are going to Washington to shake given 6 years, but only you can decide Just as the Senate’s rules empower things up—all by themselves. May I po- how to use them. And as one Senator each Member to act like a statesman, litely suggest that you are seeking who has witnessed what is possible they also require statesmanship from election to the wrong office. The U.S. here, I urge each of you: Take the time each of us. Senate does not work that way, nor to use those years well. I pledge to But these rules are merely requiring can it, nor should it. Mayors, Gov- those of you who have recently arrived, from us the kind of leadership that our ernors, and Presidents can sometimes your tenure here will be so much more constituents need from us, that history succeed by the sheer force of their will, rewarding. calls on us to provide in difficult times but there has never been a Senator so More importantly, you will be vindi- such as the ones we’re encountering. persuasive, so charismatic, so clever, cating the confidence that the Framers Maturity in a time of pettiness, calm or so brilliant that they could make a placed in each person who takes the in a time of anger, and leadership in a significant difference while refusing to oath of office, as a U.S. Senator, up- time of uncertainty—that is what the work with other Members of this body. holding a trust that echoes through the Nation asks of the Senate, and that is Simply put, Senators cannot ulti- centuries. what this office demands of us. mately be effective alone. I share the confidence that Roger Over the past two centuries, some As I noted earlier, until last year’s Sherman, Oliver Ellsworth, and the 1,900 men and women have shared the health care bill, there had not been a Framers placed in this body and in its privilege of serving in this body. Each single piece of legislation I had ever Members. But I am not blind. The Sen- of us has been granted a temporary, passed without a Republican partner. ate today, in the view of many, is not fleeting moment in which to indulge Of course, none of those victories functioning as it can and should. either our political ambition and ideo- came easily. The notion that partisan I urge you to look around. This mo- logical agenda, or, alternatively, to politics is a new phenomenon, or that ment is difficult, not only for this rise to the challenge and make a con- partisan politics serve no useful pur- body, but for the nation it serves. In structive mark on our history. pose, is just flat wrong. the end, what matters most in America My moment is now at an end, but to From the moment of our founding, is not what happens within the walls of those whose moments are not yet over, America has been engaged in an eter- this Chamber, but rather the con- and to those whose moments will soon nal and often pitched partisan debate. sequences of our decisions across the begin, I wish you so much more than That is no weakness. In fact, it is at Nation and around the globe. good fortune. the core of our strength as a democ- Our economy is struggling, and many I wish you wisdom. I wish you cour- racy, and success as a nation. of our people are experiencing real age. And I wish for each of you that, Political bipartisanship is a goal, not hardship—unemployment, home fore- one day, when you reflect on your mo- a process. closures, endangered pensions. ment, you will know that you have You do not begin the debate with bi- Meanwhile, our Nation faces real lived up to the tremendous honor and partisanship—you arrive there. And challenges: a mounting national debt, daunting responsibility of being a you can do so only when determined energy, immigration, nuclear prolifera- United States Senator. partisans create consensus—and thus tion, ongoing conflicts in Afghanistan To quote St. Paul, ‘‘. . . the time of bipartisanship. and Iraq and so much more. All these my departure has come. I have fought In the end, the difference between a challenges make the internal political the good fight, I have finished the race, partisan brawl and a passionate, but and procedural conflicts we face as I have kept the faith.’’ ultimately productive, debate rests on Senators seem small and petty. So, Mr. President, it is with great the personal relationships among those History calls each of us to lift our pride, deep humility and incredible of us who serve here. eyes above the fleeting controversies of gratitude, as a United States Senator, A legislative body that operates on the moment, and to refocus our atten- that I yield the floor. unanimous consent, as we do, cannot tion on our common challenge and Thank you, Mr. President. function unless the Members trust each common purpose. (Applause, Senators rising.) other. There is no hope of building that By regaining its footing, the Senate The PRESIDING OFFICER. The ma- trust unless there is the will to treat can help this nation to regain con- jority leader. each other with respect and civility, fidence, and restore its sense of opti- Mr. REID. Mr. President, I have on and to invest the time it takes to cre- mism. many occasions spoken of my affection ate that trust and strengthen those We must regain that focus. And, for my friend CHRIS DODD. At the cau- personal bonds. most importantly, we need our con- cus today—the Presiding Officer was

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.032 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8280 CONGRESSIONAL RECORD — SENATE November 30, 2010 there—I indicated very few people have So we bid adieu to the senior Senator persistent, how open, how anxious he had the opportunity and the challenges from Connecticut and hope our paths was to try to find common ground, yes, in a single Congress as CHRIS DODD. He will cross again in the future. to compromise because ultimately our found himself chairman of the Banking I yield the floor. work is the art of the possible. Some- Committee at a time when the country Mr. DODD. I thank the Senator. body once said to me: The futility of was collapsing, the banks were col- The PRESIDING OFFICER. The Sen- the failure to compromise, there is no lapsing. Yet he led the way to working ator from Connecticut. result from it. But if you have a goal, with the Republican President to do Mr. LIEBERMAN. Mr. President, for a principled goal, you know you can the so-called TARP. It was something 22 years it has been a blessing for me to achieve a significant part of that goal that was done on a bipartisan basis. have served with CHRIS DODD in the if you can build enough support in this There was never a better example in Senate as my colleague from Con- Chamber, and time and time again my entire government career of a more necticut, as my dear friend, as my leg- CHRIS DODD did that. cooperative group of Senators, Demo- islative partner. I am going to miss The other reason I think he did it is crats and Republicans, House and the him a lot, as everybody in this Cham- because of the truth that he spoke in Senate, working together to create ber will. I think when we listened to his remarks, which is that beyond the something that was badly needed. the words he spoke to us just a few mo- great debates and the headlines and the Then we had, of course, many other ments ago—how full of wisdom and sniping back and forth, the Senate, issues beginning with Wall Street re- warmth they were—we knew how much after all, is 100 people who go to work form. Then, to complicate his life and we are going to miss him and how in the same place every day, and your to add to the challenges in his life—the much we should consider what has ability to get things done in the Sen- best friend a man could ever have was made him not only our great friend but ate, as is true in offices and factories CHRIS DODD’s best friend, Ted Ken- a truly great Senator. all over America and other places of nedy—Ted Kennedy was stricken very CHRIS mentioned Sherman and Ells- work, your ability to get things done ill. Senator DODD knew he would not be worth, whose pictures are out in the re- here is affected, in great measure, by back to the Senate. Very few people ception area just off the Senate, who the trust your colleagues have in you knew that, but he knew that. He, in ef- crafted the Connecticut Compromise, and even the extent to which they like fect, was chairing two major commit- really created the Senate. I think you. tees at the same time, the HELP Com- CHRIS DODD, who is the 54th Senator I think, by those standards, CHRIS mittee and the Banking Committee. He from the State of Connecticut in our DODD has been totally trustworthy. As did it in a way that is so commendable, history, took this institution that we were taught when we grew up in so exemplary. Sherman and Ellsworth created in the Connecticut politics, his word has been I have so much, I repeat, affection for Connecticut Compromise and made it his bond, and his personality has CHRIS DODD that I am not capable of work to the great benefit of the people warmed each of us as we have gone expressing how deeply I feel about this of Connecticut and the people of Amer- through the labors we go through here. good man. I will have more to say ica. CHRIS DODD has served longer in the later, but I did want to take this oppor- To the great benefit of the people of Senate than any Senator from Con- tunity, as soon as the Republican lead- Connecticut and the people of America, necticut. So on this day—and he will er makes his remarks, to allow his col- CHRIS DODD was born to a legacy, an forgive me a little bit of hyperbole. I league from the State of Connecticut honorable legacy of public service, would guess, as a matter of friendship to speak following the two leaders, if which he watched, as so many of us did and faith, that he has probably accom- that is OK. in Connecticut, and, of course, learned plished more than any other Senator in I ask unanimous consent that fol- from, from his father, Senator Thomas the history of the State of Connecticut, lowing the remarks of Senator MCCON- J. Dodd. I could say a lot about Sen- and he has done it because he cares NELL, Senator LIEBERMAN be recog- ator Dodd, Sr. He was a prosecutor at about people. When he takes something nized. the Nuremberg trials, remarkably prin- on, he simply does not quit. The PRESIDING OFFICER. Without cipled, skillful prosecutor, who became I just want to tell you one story. In objection, it is so ordered. a Member of the Senate. 1989, CHRIS met a woman named Eva The Republican leader. I will tell you that as a young man in Bunnell at her church in East Haddam, Mr. MCCONNELL. Mr. President, like Connecticut, me, growing up, thinking CT. She told him her daughter had most Members of this body, I am rarely about a political career, when I heard been born with a rare brain disease and at a loss for words, but I think we have that Senator Tom Dodd was somewhere was fighting for her life in the inten- just had an opportunity to hear one of within range of where I lived or went sive care unit. But when her husband the most important speeches in the to school, I went to listen to him asked his employer for time off to be history of the Senate about our begin- speak. He was a classic orator, an ex- with his wife and critically sick infant, nings, about our traditions, about what traordinarily principled man who had a he was told to go home and never come is unique about this institution which great career in the Senate. back, leaving a family without income makes it different from any other leg- As we know from the years we have or health insurance. islative body in the world. I have heard served with CHRIS, the characteristics I The story, all too common at the many people discuss that over the have described of his father were taken time, is the kind of injustice that has years but never anyone so cogently and put to extraordinarily good use in repeatedly moved CHRIS DODD to ac- point out why the uniqueness of this the Senate. tion. He authored, as we know, the institution is so important to our CHRIS’s words were very important, Family and Medical Leave Act. He country as the senior Senator from and, as Senator MCCONNELL said, worked, as I said before, on com- Connecticut has done it today. So should be studied by all of us and by promises that made it acceptable to a while we have a huge number of Sen- anyone thinking about coming to the large number of people, stuck with it ators on the floor, I am going to Senate. We all talk about this being an through two Presidential vetoes, and strongly recommend that those who age of hyperpartisanship. But I think then finally saw it signed into law by were not here have an opportunity to that misses the point because, as CHRIS President Clinton in 1993. take a look at his remarks because I said, he is a partisan in the best sense Today, the records will show that think they are an enormously signifi- of the word. He is a principled partisan. more than 50 million people, 50 million cant and important contribution to He is passionate about what he believes people, have been able to take time off this institution and to its future. in. But he knows we come to a point from work to care for a loved one or On a personal basis, I want to say to when partisanship ends, and you have give birth to a child without fear of my good friend from Connecticut how to get something done for the public losing their jobs. much I am going to miss him—his won- that was good enough to send you here. That is a lifetime achievement, but derful personality, his ability to talk Over and over again, any of us on it is only one of many such achieve- to anybody—a uniquely effective indi- both sides of the aisle who have ments CHRIS DODD has had in the Sen- vidual. watched CHRIS work a bill know how ate. Senator REID talked about this

VerDate Mar 15 2010 02:35 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.034 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8281 last session of his Senate career, ex- The PRESIDING OFFICER. The Sen- He is a passionate, articulate voice traordinary accomplishments: health ator from Illinois. for economic justice, for civil, con- care reform, Wall Street reform, the Mr. DURBIN. Mr. President, I wish to stitutional and human rights and for Iran sanctions bill which came out of join with my colleagues in saluting the America’s role as a moral leader in the the Banking Committee, which is, in departure of one of our best, Senator world. He is a champion of fairness, co- my opinion, the strongest such bill we CHRIS DODD. I first saw his father, founder of the Senate Children’s Cau- have ever passed and the last best hope though I did not meet him, when I was cus, lead sponsor, as Senator to avoid the necessity to take military a student intern for Senator Paul LIEBERMAN mentioned, in 1993, of the action against Iran. This is the kind of Douglas of Illinois, who had an office Family and Medical Leave Act, which record CHRIS has built. that was next door to CHRIS DODD’s fa- has helped countless millions of Ameri- Up until this time, I have been seri- ther’s. I saw Senator Thomas Dodd cans. ous, and when you talk about CHRIS leaving that office and was certainly He has achieved more in the last 2 DODD, it would be wrong to be totally aware of the great contribution he years, though, than most Senators serious because one of the things we made to America. achieve in long careers. As chairman of are going to miss is that booming Little did I know some 16 years later, the Senate Banking Committee, he led laugh and the extraordinary sense of when I would be a candidate for the the fight in the Senate for the most humor. I have had many great laughs House of Representatives, that his son important Wall Street reform since the with colleagues here. I have probably would come to Decatur, IL, to do an Great Depression. He picked up the given too many laughs to colleagues, event for me in my campaign. It was a fallen standard from his dear friend as I think about it. But I have never smashing success, the biggest turnout Ted Kennedy and helped lead the fight laughed louder or more over the years ever. I am sure Senator DODD believes Ted Kennedy always dreamed of for af- than I have with CHRIS DODD. it might have been because of his pres- fordable health care for all Americans. Perhaps it is not totally appropriate ence. It also could have been because it For that achievement alone, CHRIS on the Senate floor, but I have two of was a $1 chicken dinner and people DODD has earned a place in history. his comments, one about me, that I came from miles around. But I was CHRIS DODD has, as Eugene O’Neill wish to share. I notice the former co- happy to advertise him as the star tal- might say, ‘‘the map of Ireland on his median is here. A while ago, only CHRIS ent at that event. face,’’ but he has the promise of Amer- DODD would have told an audience here What a great life story. CHRISTOPHER ica written in his heart. His work in in Washington that he thought enough JOHN DODD, the fifth of six children of the Senate has made that promise real time had passed in my career that he Thomas and Grace Dodd, was born in for millions of Americans. In his office could reveal that JOE LIEBERMAN actu- 1944 with a caul, a thin veil of skin in the Russell Senate Office Building, ally had not been born Jewish but was thought to be a sign of good luck, cov- an office once occupied by his father, born a Baptist and raised a Baptist, ering his head. The doctor who deliv- are portraits of two Thomases: Thomas and then when I got into politics and ered him told his mother that with this Dodd, his father, and another of his he- saw how many events I would have to sign of good luck, this baby might grow roes, Sir Thomas More. go to on Friday night or Saturday, I up to be President, to which Mrs. Dodd I listened to CHRIS’s speech just a converted to Judaism to take the Sab- replied: ‘‘What is the matter with moment ago, and I was reminded of bath off. Then CHRIS said: And, you Franklin Roosevelt?’’ what Thomas More wrote in his know, I am thinking of converting to It was a great line, but the truth is, masterwork, ‘‘Utopia.’’ He said: Judaism myself but only for the week- while Grace and Tom Dodd were both If you can’t completely eradicate wrong ends. ardent New Dealers, they knew Amer- ideas, or deal with inveterate vices as effec- Another quick quip. As my col- ica would not depend on one leader for- tively as you could wish, that is no reason leagues in the Senate know, it is our ever, not even FDR. They knew and for turning your back on public life all to- honor to walk our State colleagues they taught their children they all gether. You wouldn’t abandon a ship in a down the center aisle in the Senate to have an obligation in our own time to storm just because you couldn’t control the be sworn in for a new term. The first try to move America closer to a more winds. time I did that, we walked arm in arm, perfect Union. For 30 years in the Senate, even when as we always have. CHRIS turned to me Thomas Dodd, Senator DODD’s father, he has had to sail through fierce and said: You know, JOE, there are peo- worked to fulfill that obligation in his headwinds, CHRIS DODD has kept his ple who are worried that you may be time. He chased John Dillinger as an compass fixed on the ideals that make the only person I will ever walk down FBI agent, prosecuted war criminals America both great and good. In doing an aisle with. and KKK members as a government so, he has made the Senate, Con- Well, fortunately, that was not true lawyer, and served in both the House necticut, and America a better place. because, CHRIS and Jackie got married and Senate. His son CHRIS followed his I am proud to have served with him and had these two wonderful daugh- father’s example, found his way to and call him a friend. I thank him for ters, Grace and Christina, who have serve America by serving in the Peace his efforts that brought me to the provided so much joy and satisfaction Corps as a volunteer in the Dominican House of Representatives so many and hopefulness to CHRIS. Republic, where he lived for 2 years in years ago. I thank him for his service We are going to miss you. I am going a mountaintop village in a house with in the Senate and a special thanks to to miss you personally. I speak for my- a tin roof and no running water or tele- his wonderful family; Jackie, a great self, but I speak, I would bet, for just phone. friend, and those two great daughters, everybody in this Chamber in saying In that village he started a mater- Grace and Christine, whom I have seen we feel so close to you that we know nity hospital, family planning pro- as swimmers at the Senate pool, good our friendship will go on. gram, a youth club, and a school. health and good luck to the whole fam- I would say CHRIS DODD leaves, to Those were the first installments of ily for many more chapters in their sum up an extraordinary Senate ca- what would become, for CHRIS DODD, a lives. reer, having achieved a record of re- lifetime of work protecting women and I yield the floor. sults that benefited the people of Con- children worldwide. The PRESIDING OFFICER. The Sen- necticut and America in untold ways. Senator DODD was elected to the Sen- ator from Rhode Island. He has a wonderful family with whom ate in 1980, at the ripe age of 36. He is Mr. REED. Mr. President, I rise this he looks forward to spending time, and both the youngest person ever elected afternoon to pay tribute to my dear he has oh so many great years ahead of to the Senate in Connecticut history friend and colleague and, in a very real him, including, I hope and believe, and the longest serving, as has been sense, mentor. I can testify from the times when he will again be of service said. Early on, his colleagues recog- experience of the last 2 years to his re- to our country. nized his talents and named him one of markable contributions to this coun- God bless you, CHRIS, and your fam- the three most effective freshman Sen- try. ily. ators. He has never let up on his efforts I don’t believe any other Senator I yield the floor. to help America and help Connecticut. could have navigated the treacherous

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.039 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8282 CONGRESSIONAL RECORD — SENATE November 30, 2010 waters of the Dodd-Frank bill. It was here—and I was not one of the young- Connecticut. I have watched him from like watching a great conductor con- est people to get here at that time, but the day I came here. We knew each duct a complicated piece of music: CHRIS was someone I knew from other other a little bit when I was in the knowing when to pause and let tempers walks of life—I turned to him, as well House. He left the House to go to the cool, knowing when to pick up the as my dear friend who used to occupy Senate, but we had many of the same tempo, knowing when to come to the this seat, Ted Kennedy, for advice and friends when I came to the House. I al- final conclusion. It was a virtuosos per- counsel. Sometimes the counseling was ways marveled at his abilities. formance, in keeping with a career of better than the advice, but we were For those of us who have served contributing to Connecticut and to this younger then. here—I have only been here 12 years— country. CHRIS DODD has that incredible per- we know the joys and difficulties of The most remarkable tribute I have sonality that gets things done, that legislating in the Senate. We know it is ever heard about this wonderful man presents a leadership position on not easy, and we know how satisfying was in a very unusual place by a person issues. He has shown incredible pa- it is. There are very few who reach the who honestly probably doesn’t know tience in the way he dealt with finan- acme of how to do it and who devote who he is. It was May 21, 2010. I was cial reform and with health care. But their lives to it. I guess they are given visiting a wounded soldier at Walter never, as I saw it, did CHRIS leave the a title—I don’t know if it is official; it Reed Army Hospital, a member of the people who disagreed with him with is probably not—they are the ‘‘men and Second Battalion, 508 Parachute Infan- anger, with a feeling of anger or with women of the Senate.’’ We have had try Regiment of the 82nd Airborne Di- anything other than respect and friend- two leave us in the last year: Senator vision. He had been wounded around ship. Robert Byrd and Senator Ted Kennedy. Kandahar by an IED. Fortunately, he CHRIS comes from a distinguished They were truly men of the Senate. It was on the road to recovery. We joked family. His father occupied a seat here is not a title bestowed easily or lightly for a moment and talked about his ex- for a dozen years. Now Senator CHRIS or frequently. periences, and I turned to his mother, DODD has decided to leave the Senate. CHRIS DODD is a man of the Senate. who was sitting there watching her It was a decision he made with which I He is in the category of Ted Kennedy son, her life, her hope make a full re- totally disagreed. It was bad judgment, and Robert Byrd in terms of his ability covery, and I said: How are you doing? I can tell my colleagues that. When I to get things done, his ability as a leg- She said to me very simply: I am left after 18 years of service, three islative craftsman, as somebody who is doing fine. You see, I was able to take terms, I decided I had had enough. I able to combine idealism and practi- family medical leave and be with my left. Good fortune smiled on me, and I cality, as somebody who is able to sit son while he recuperated. came back after 2 years, after a 2-year down with someone, as has been men- She probably doesn’t know who Sen- absence, missing being here maybe tioned before, with a totally different ator DODD is or what he did, but she, more than it missed me. viewpoint and get them to compromise along with 50 million other Americans, I remember, as I made my outgoing and be on his side and be part of the ef- was by the hospital bed of a wounded visits—no, my decisionmaking visits— fort he is leading. He is a man of the son or a sick child or an ailing parent. CHRIS invited me to his office with Ted Senate. He will always be a man of the To me, that is the greatest tribute to Kennedy and a colleague whom we had Senate. I will miss him personally for what Senator DODD has done. at the time, Paul Wellstone, now de- his guidance and friendship, and I There is a great line I recall about ceased but a wonderful colleague. The think every one of us will. Franklin Roosevelt. His cortege was three of them sat with me in CHRIS’s CHRIS, good luck and Godspeed. winding its way through Washington. A office, and CHRIS tried to talk me out Mr. DODD. Thank you very, very man was sobbing, sobbing, sobbing. A of leaving. I said: No, it is a decision I much. reporter rushed up to him: Well, you made. I began to have misgivings about Mr. COCHRAN. Mr. President, if are so affected. You must have known it, but by then, the die was cast; there there is no other Senator wishing to the President. Did you know the Presi- were other people who wanted to run speak, I suggest the absence of a dent? for the job. So I left with lots of re- quorum. He said: No, I never knew the Presi- grets. I was away from here for a pe- The PRESIDING OFFICER. The dent, but he knew me. riod of time. In 2001 when I left, it was clerk will call the roll. CHRIS DODD knew the people of Con- a terrible year—the year of 9/11 and the The legislative clerk proceeded to necticut and the people of the United beginning of a recession and the begin- call the roll. States, and in every moment, he served ning of war and all of those things. So The PRESIDING OFFICER. The Sen- them with integrity and diligence and I tried to play turnaround with CHRIS, ator from Rhode Island. honor. and I talked to CHRIS about leaving and Mr. REED. Mr. President, I ask unan- CHRIS, to you, to your family—and I I said: CHRIS, don’t leave. Don’t do it. imous consent that the order for the say this because your mother is from CHRIS DODD will leave a void. I think quorum call be rescinded. Westerly, RI, God bless her; and your it is obvious that someone will follow, The PRESIDING OFFICER. Without beloved sister, our dear friends Martha take the reins. It doesn’t mean they objection, it is so ordered. and Bernie, from Rhode Island—as an will ever take his place. I don’t think f adopted son of Rhode Island, thank you that is possible. CHRIS DODD will have UNEMPLOYMENT BENEFITS for your service to the Nation. left an impression here of decency and The PRESIDING OFFICER. The Sen- honesty and honor and respect on all of Mr. REED. Mr. President, today we ator from Rhode Island. us on both sides of the aisle—one of the have an opportunity to assist literally Mr. WHITEHOUSE. Mr. President, few times we all agree. hundreds of thousands of families may I associate myself with the re- So I say to CHRIS and Jackie and across this country who are out of marks of my distinguished senior Sen- your two little girls that we wish you work through no fault of their own, ator and reemphasize our pride in the well. Our friendship will endure way who are battling with the most severe contacts that Chairman DODD, Senator past our time serving together. economic downturn since the Great De- DODD, our friend CHRIS DODD has with CHRIS, follow my example. Give it a pression, who are chasing jobs that Rhode Island. couple of years and get back here, will have disappeared, and they are looking I yield the floor. you. Thank you very, very much, CHRIS everywhere to try to find work. We The PRESIDING OFFICER. The Sen- DODD, for your wonderful service. We have the opportunity to extend unem- ator from New Jersey. love you, and we will miss you, and we ployment benefits for an additional Mr. LAUTENBERG. Mr. President, I will always think about you. year. wish to take a couple of minutes to sa- The PRESIDING OFFICER. The Sen- In my State of Rhode Island, people lute the service of one great Senator, ator from New York. are in a very serious situation. They CHRIS DODD. Mr. SCHUMER. Mr. President, I rise are struggling to stay in their homes, CHRIS and I have served together for to speak briefly in honor of our friend to educate their children, to deal with more than 25 years. When I arrived and colleague, the senior Senator from the challenges of everyday life. They

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.041 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8283 have worked hard and long all of their template. I knew how difficult it was in I think these economists make the lives, and now they are finding it dif- the nineties to get our house in order. case extraordinarily well. I ask unani- ficult to find a job. I was opposed to these tax cuts. I hope mous consent that their letter be In every situation previously in this everybody else realizes the demo- printed in the RECORD. country, we have come to their assist- graphics of the country at that time. There being no objection, the mate- ance. We have done so by extending un- In 1993–1994, we took tough votes to rial was ordered to be printed in the employment benefits. We have never build up a surplus because we knew RECORD, as follows: failed to do that as long as the unem- what was coming. We had a demo- ECONOMIC POLICY INSTITUTE, ployment rate was above 7.2 or 7.4 per- graphic wave—the baby boomers—that Washington, DC, November 29, 2010. cent. Today across the country, it is would qualify for Medicare and Social Hon. BARACK OBAMA, close to 9 percent nationally. In my Security, and that would, by the na- President of the United States, The White State of Rhode Island, it is much high- ture of the sheer size of that popu- House, Washington, DC. Hon. NANCY PELOSI, er. We have always done it on an emer- lation, put extra demands upon our budget. Speaker, House of Representatives, gency basis because it truly is an emer- Washington, DC. gency. We haven’t had to offset because Despite all of that, taxes were cut, wars were pursued unpaid for. For the Hon. HARRY REID, we have always determined that it was Majority Leader, U.S. Senate, necessary to get the money to the peo- first time in the history of the country, Washington, DC. we engaged in major military oper- ple who could use it, who needed it des- Hon. JOHN BOEHNER, perately, and we should do that again. ations and didn’t even make an at- Minority Leader, House of Representatives, I find it difficult to understand how tempt to pay for them. That is not the Washington, DC. some of my colleagues on the other definition of fiscal responsibility. Yet Hon. MITCH MCCONNELL, many of the same proponents of that Minority Leader, U.S. Senate, side would object to an extension of un- Washington, DC. employment benefits for a year that policy are urging us today that we can- not do unemployment compensation DEAR MR. PRESIDENT, SPEAKER PELOSI, MA- are not offset but at the same time in- insurance unless we pay for it. But, of JORITY LEADER REID, CONGRESSMAN BOEHNER, sist that we provide tax cuts to the AND SENATOR MCCONNELL: Congress must de- course, let’s extend the Bush tax cuts very richest Americans, without pay- cide whether to continue the Emergency Un- for all Americans, including the ing for them, and insist that we add ap- employment Compensation program (EUC), a wealthiest, and in that case add an- proximately $700 billion to our deficit decision that will directly affect millions of other $700 billion to our deficit over 10 families and the entire economy. Authoriza- by extending tax cuts for people mak- years. That doesn’t seem to make any tion for the additional benefits Congress has ing over $250,000 a year—and many economic sense. been providing since the passage of the making many times that amount—yet This proposal is supported by people American Recovery and Reinvestment Act in for unemployed Americans desperately who are knowledgeable about the way February 2009 expires tomorrow, November seeking work and not finding it, they the economy works. In a statement re- 30, and millions of unemployed workers will soon be affected. I write you out of concern would insist that we not only have to leased today, 33 economists, including 5 pay for it, but we have delayed and de- for the jobless, who through no fault of their recipients of the Nobel Prize in eco- own, cannot find work in an economy with layed the process of getting them as- nomics and 5 former chairs of the only one job vacancy for every five unem- sistance. It is difficult to justify those Council of Economic Advisers, have ployed workers, and who depend on EUC to two positions. said: pay their rent or mortgage, pay for groceries It is also difficult to justify those Continuing the about-to-expire federal and gas, and pay for their heating bills and two positions because what we know is emergency unemployment insurance pro- other utilities. that unemployment compensation ben- gram, which provides extra weeks of benefits But I write also out of concern for the efits give us a much bigger bang for the to the long-term unemployed, is sensible economy. Together with Lawrence Katz of economic policy that will not only assist the Harvard University, I gathered the signa- buck than the extension of tax relief to tures of 33 prominent economists on the at- upper income citizens. The Congres- unemployed but help maintain spending, overall demand, and employment at this tached statement, which warns that letting sional Budget Office has rated the ef- critical point in the recovery. the Emergency Unemployment Compensa- fectiveness of various techniques to . . . Eliminating these benefits, on the other tion program expire will weaken the econ- provide assistance and stimulate de- hand, will cause hardship for the long-term omy by reducing the spending of the unem- mand in the economy. They have found unemployed, scale back spending, and weak- ployed and overall consumer demand. All of that unemployment insurance is far en the economy since unemployment bene- us agree that EUC should be extended for an- fits are one of the most effective means other 12 months and that there is no danger and away the most effective form— that continuing to provide extended unem- much more effective than tax cuts to available to support overall demand. Unem- ployment has remained above 9 percent for ployment insurance benefits will materially the wealthy. 18 months already and will likely remain raise overall unemployment. We also agree CBO estimates that for every dollar high for some time to come, making a strong that deficit financing for EUC is prudent and of unemployment compensation bene- case for continuing the current program for will not contribute significantly to long- fits that we inject into the economy, another 12 months. Moreover, the special term deficits. we get $1.90 of economic activity, provisions for extending unemployment in- We hope that you act swiftly to renew which is almost a 2-for-1 payback. So surance during recessions have traditionally these benefits, for the good of the economy been financed by short-term fiscal deficits and the well-being of millions of deserving we are in a situation where this is not Americans who depend on them. only the appropriate policy to pursue, and this remains a prudent approach. The program will not contribute significantly to Sincerely, but it is the most effective one in order long-term deficits because its costs will di- LAWRENCE MISHEL, to keep demand and the economy and minish automatically as the economy recov- President, Economic Policy Institute. growth moving forward. ers and unemployment returns to more nor- I am someone who believes in fiscal mal levels. STATEMENT FROM LEADING AMERICAN ECONOMISTS responsibility. That is why I took, in Let me say that again in my own the 1990s, difficult votes in order to bal- words. Our colleagues are suggesting a Continuing the about-to-expire federal ance the budget under President Clin- emergency unemployment insurance pro- permanent extension of tax cuts that gram, which provides extra weeks of benefits ton, to raise not only our output but will cost, over 10 years, $700 billion, to the long-term unemployed, is sensible also to balance the budget and have a and presumably 10 years after that and economic policy that will not only assist the surplus in 2000. I opposed the proposal 10 years after that. That is a huge unemployed but help maintain spending, and the tax cuts favored by Republican structural change to our revenue. Un- overall demand, and employment at this colleagues in 2000 because I understood employment compensation benefits are critical point in the recovery. Given that that the difficult, hard fought, fiscal cyclical. They rise in difficult times, there remains a historically high number of responsibility could easily be frittered like today, and they fall as the econ- unemployed workers per job opening, there away because what looked like a sur- is no danger that continuing to provide ex- omy recovers. So we are not talking tended unemployment insurance will materi- plus in 2000 could be affected by unfore- about a long-term commitment to a ally raise overall unemployment. Elimi- seen events, such as terrorist attacks, program of deficit enhancement; we nating these benefits, on the other hand, will natural disasters, or changes in the are talking about short-term relief for cause hardship for the long-term unem- world economy that we could not con- struggling Americans. ployed, scale back spending, and weaken the

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.041 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8284 CONGRESSIONAL RECORD — SENATE November 30, 2010 economy since unemployment benefits are programs through the end of 2011 will our unemployment rate nationally is one of the most effective means available to support the creation of 700,000 full-time above 7.2 percent. Republican adminis- support overall demand. Unemployment has equivalent jobs. trations, Democratic administrations, remained above 9.0% for 18 months already People who get unemployment insur- Republican Congresses, and Demo- and will likely remain high for some time to come, making a strong case for continuing ance benefits tend to take that money cratic Congresses have always recog- the current program for another 12 months. and go to the grocery store or buy nized that at the level of 9 percent un- Moreover, the special provisions for extended shoes for their children or pay down, if employment, extended unemployment unemployment insurance during recessions they can, some of their credit card benefits were almost automatic—some- have traditionally been financed by short- debt. Maybe in this holiday season thing you had to do for all the reasons term fiscal deficits and this remains a pru- they will buy an extra present for their I have cited, such as the economic ef- dent approach. The program will not con- fects on the economy, but most fun- tribute significantly to long-term deficits children. That keeps our economy mov- because its costs will diminish automati- ing, and it keeps the people in the gro- damentally it is giving people a chance cally as the economy recovers and unem- cery stores working, people at depart- to just make ends meet until they can ployment returns to more normal levels. ment stores working, and the manufac- find a job. SIGNERS turers producing these goods working. So I think we are in a position where we must go forward. Acting now is the Henry J. Aaron, Brookings Institution; Our economy grew at 2 percent in the Kenneth Arrow, Nobel Laureate in Eco- third quarter and in a recent Wall right thing to do, the responsible thing nomics, Stanford University; David Street Journal article, Goldman Sachs to do, and the wise economic thing to Autor, Massachusetts Institute of analyst Alec Phillips estimated that if do. We need to swiftly pass this 1-year Technology; Martin Neal Baily, Chair, unemployment insurance benefits ex- extension. Council of Economic Advisers, Brook- pired, it would shave half a percentage Many colleagues are joining Senator ings Institution; AUCUS, the chairman of the com- point from growth. Such a decline B Dean Baker, Center for Economic and mittee, in introducing this legislation. would cost hundreds of thousands of Policy Research; Alan S. Blinder, I urge at this point that we move for- jobs. So here is a policy that will ex- Princeton University; Gary Burtless, ward, and at this point I make the fol- Brookings Institution; Raj Chetty, pand jobs, maintain jobs, and if we lowing request. Harvard University; David Cutler, Har- don’t pursue it, we will find ourselves vard University; Janet Currie, Colum- Mr. DURBIN. Before the Senator contracting employment at the very makes his request, may I pose a ques- bia University; J. Bradford Delong, time that all Americans are asking us University of California—Berkeley; tion to the Senator. Robert H. Frank, Cornell University; to do something very clear-cut: get Mr. REED. Yes. Richard Freeman, Harvard University; jobs, keep jobs, produce jobs, and find a Mr. DURBIN. I thank the Senator for James K. Galbraith, University of way to create them. This could also en- his time and his leadership on this Texas; Claudia Goldin; Harvard Univer- gender a downward spiral because if issue. I am happy to join him. I want to sity; Jonathan Gruber, Massachusetts the jobs contract, that could be the be- make sure we put this into the context Institute of Technology; ginning of further contraction, and it of the lameduck session. This is a ses- Harry J. Holzer, Georgetown University; could leave us in a worse situation. sion when we are debating tax cuts, Robert Johnson, Roosevelt Institute; So not only will families feel the Lawrence Katz, Harvard University; and the position held by the other side Frank Levy, Massachusetts Institute brunt of this lack of unemployment of the aisle is that we should give tax of Technology; Eric S. Maskin, Nobel compensation benefits, it is the small cuts to those making $1 million a year Laureate in Economics, Princeton Uni- businesses throughout every commu- in income, which is roughly $20,000 a versity; Daniel L. McFadden, Nobel nity—it is the retailers and the people week. If I understand the differences in Laureate in Economics University of who depend upon their neighborhood the Democratic position and the Re- California—Berkeley; Lawrence customers to come in and buy the publican position, we think those mak- Mishel, Economic Policy Institute; goods and services that not only pro- Christina Romer, Chair, Council of ing $1 million a year should get rough- Economic Advisers University of Cali- vide them what they need but also pro- ly $6,000 in tax cuts. They believe those fornia—Berkeley; Christopher Ruhm, vides the cash flow for small businesses making $1 million year should get University of North Carolina—Greens- to keep operating. $100,000 in tax cuts. I also understand if boro; Emmanuel Saez, University of Failure to maintain unemployment the Republican position prevails, it California—Berkeley; Charles L. insurance will mean that 2 million job- will add $700 billion to the deficit over Schultze, Chair, Council of Economic less workers will lose benefits in De- 10 years, just to give tax cuts to those Advisers, Brookings Institution; Rob- cember. Two million Americans, this making over $250,000 a year or $70 bil- ert M. Solow, Nobel Laureate in Eco- December, will stop receiving benefits. nomics, Massachusetts Institute of lion a year. Technology; Timothy M. Smeeding, Several hundred thousand unemployed So their position, when it comes to University of Wisconsin; Joseph E. workers will lose their benefits every tax cuts for the wealthiest in America, Stiglitz, Nobel Laureate in Economics, month, culminating in up to 6 million is that we can afford to add $70 billion Chair, Council of Economic Advisers, losing benefits by the end of 2011. Now to the deficit with a tax cut for mil- Columbia University; Laura D. Tyson, is the time to govern, the time to act, lionaires each year and not accept the Chair, Council of Economic Advisers and now is the time to do what we have reality that that is one of the poorest University of California—Berkeley; always done in a situation like this. It ways to spark growth in our economy. Till Von Wachter, Columbia Univer- Our position is that, historically, when sity; Justin Wolfers, University of is the time to act promptly and timely Pennsylvania. and pass an extension of the unemploy- we reach high levels of unemploy- ment—over 7.2 percent—we have ex- Mr. REED. As I indicated before, ment insurance benefits. tended unemployment benefits. We are their view has been echoed by the CBO. We have seen over the last year delay now at about 9.6 percent. And we be- Tax cuts, in their view, are the least ef- after delay. We have seen benefits ex- lieve we should extend unemployment fective form of economic stimulus, and pire only to retroactively be restored the most effective is unemployment in- through procedural votes and delays. benefits for those who have lost their surance benefits. One of the ironies is that we get jobs through no fault of their own. The On November 16, the Department of these procedural votes that we can’t benefits average about $300 a week for Labor released an independent study move forward on a bill but, finally, someone to keep their family in food, that was commissioned during the when the bill comes up to a vote, there clothing, pay the utility bills in the Bush administration. It found that is overwhelming support, which sug- winter, that sort of thing. And we are since mid-2008, the Federal unemploy- gests to me that the process of delay told by the Congressional Budget Office ment insurance program has saved 1.6 has taken primacy over the substance that unemployment benefits are the million jobs in every quarter, averting of policy. That is not worthy of our best catalyst for sparking growth in 1.8 million layoffs per quarter at the constituents and the crisis they face the economy. It is money spent imme- height of the downturn, and reduced today in this country. We have, as I diately by people who need disposable the unemployment rate by 1.2 points. said, continuously maintained unem- income and who will turn around and Separately, the Economic Policy In- ployment compensation benefits, and purchase goods and services imme- stitute has found that continuing the we have extended benefits whenever diately with it.

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.036 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8285 So $70 billion for tax breaks—$70 bil- Mr. REED. Again, I think it is unfor- haven’t repatriated any of the monies lion in deficits each year for tax breaks tunate that we cannot move this bill. I that are offshore. What do we do? We for the wealthiest people in America, think, to put it very succinctly, we will put up more and more roadblocks for for something that doesn’t spark the try again. I hope we can. I hope we will businesses, so they do not want to hire economy, versus some $60 billion for for the sake of our country, small busi- these people off the unemployment extending the unemployment insurance nesses, and families across my State rolls. Yet here we are with 61⁄2 hours benefits for 1 year, which will spark and in this Nation who need this help left, people aren’t hiring, and we spent growth in the economy. Is that the and assistance. 7 days on food safety. Listen, I love to choice we are facing? With that, I yield the floor. eat as much as the next guy, but give Mr. REED. I think the Senator from The PRESIDING OFFICER. The Sen- me a break. We should have spent 7 Illinois has stated it very clearly, very ator from Massachusetts. days working on the one thing the peo- succinctly, and very accurately. That, Mr. BROWN of Massachusetts. ple who voted in November wanted— apparently, is the choice. It is a choice Madam President, I wish to thank the and they sent us a very powerful mes- I find difficult to understand for the Senator from Rhode Island, who pas- sage—and that is getting our economy reasons the Senator has laid out. We sionately spoke about his proposal, his moving again; focusing on jobs, jobs, want to respond to the needs of so bill to deal with a very important prob- jobs; streamlining the regulatory proc- many families, working families. And lem we are facing in the United States. ess; and firing away to get this econ- this is one of those programs that, by I am not the new person here any- omy moving. But we needed to work on definition—if you qualify for unem- more. Somebody came in yesterday. food safety. Oh my gosh, that was so ployment benefits, you had a job, you But I will say that it is still new to me important. I am glad I rushed back just lost it. So these are working fami- that here we are, with 61⁄2 hours before from our break to work on food safety. lies who are now looking for some sup- the benefits will expire, and we are now Now, I know we have some issues in port as they search desperately for discussing this. God forbid we actually that regard, but don’t you think the jobs. think ahead and spend a little bit of 1099 fix and unemployment benefits and As we pointed out too, not just in forethought in preparing and working all these other things are a little bit terms of the individual recipients but together to try to come up with some more important? for the economy overall, the benefit is type of solution before being faced with Some of my colleagues will say—the substantial. It is about $1.90 in eco- a 61⁄2-hour deadline before the benefits Senator from Illinois just said it—that nomic activity for every $1 that we put expire. So, once again, I know I am not we are here debating tax cuts. No, we into the benefit. On the other side of the newest guy anymore, but I have to are not. We are not debating tax cuts. the spectrum, economists have looked say that this is not the way to do busi- I have been here for every vote we have at the impact of these tax cuts for the ness in the Senate. And if it is, it needs had. I have been to every meeting since wealthiest Americans and find very lit- to change. I have been back here. Where were we tle growth in economic activity, and, So here we are. The Senator just talking about tax cuts? Am I missing frankly, that makes sense. This is not spoke about our needing to do this to something? No, we haven’t been talk- economics at MIT or Harvard or any- keep the economy moving. No, we have ing about tax cuts. We haven’t debated place else. If you are struggling at $368 to start focusing on jobs. That is what or discussed anything to do with busi- a month, it is not going to go into your we have to do to get this economy ness and getting our businesses and our vacation fund or for buying objects of moving. We have to start focusing on economy moving again. art. It is going to go to the grocery the things that are important—the def- The recent job numbers in Massachu- store and into all of the demands of a icit, the spending. Yesterday, we setts reflect over 280,000 people unem- family. If you are fortunate enough couldn’t even pass the 1099 fix—some- ployed in my State alone—over 8 per- through your hard work and through thing small businesses and all busi- cent of the Massachusetts workforce. your ingenuity to be making over $1 nesses in this country are clamoring As the Senator from Rhode Island men- million a year, your consumption pack- for. We could not do that one thing— tioned—and I know Rhode Island well; age is not going to be altered dramati- one thing. Now all of a sudden we are I eat in Federal Hill regularly—the un- cally by these tax cuts. That is the going to do another extension. employment is much higher there. conclusion of the economists, and I I have complete and total sympathy They have very serious problems. And think the Senator said it very well. and understanding for this. I want to one of the reasons we have problems is UNANIMOUS-CONSENT REQUEST—S. 3981 help. More than anybody here, I want because we are not focusing on any- So I thank the Senator from Illinois, to help. But to just keep throwing thing to do with business. We are not but at this juncture, I would like to money at a problem when it is not paid giving them the tools and resources formally, Madam President, ask unani- for, with 61⁄2 hours left, to put people on they need to actually hire the people mous consent that the Finance Com- the spot instead of doing it the right on the unemployment rolls. It is like a mittee be discharged from further con- way—working together, getting to- catch-22. sideration of S. 3981, a bill to provide gether in an office with the leadership Nearly 15 million people across the for a temporary extension of unem- and the people who care about these country are unemployed, 6 million of ployment insurance provisions, and issues and coming up with a common them having been without work for 6 that the Senate then proceed to its im- solution—makes no sense to me. months or more. That is roughly five mediate consideration; that the bill be The reason we are having this high people for every one job opening. Fami- read three times, passed, and the mo- unemployment which my colleagues lies in Massachusetts, Rhode Island, tion to reconsider be laid upon the keep referring to—9 percent unemploy- and Illinois are all struggling. They table; and that any statements relating ment—is because there is no certainty sent that very powerful message a cou- thereto appear at the appropriate place in business. There is so much uncer- ple of week ago. They are struggling to in the RECORD, as if read. The PRESIDING OFFICER (Mrs. tainty right now in the business world, make ends meet and, as the Senator whether it is with the financial serv- HAGAN). Is there objection? from Rhode Island said, to buy food, to Mr. BROWN of Massachusetts. ices people or the estate planners. buy shoes, to buy extra Christmas pre- Madam President, I object. And I have Right now, we have zero percent. If you sents. I understand that. But if they a pay-for alternative on which I would die—folks say it is a good year to die had a job and had the pride of going like to speak. because next year it could be 55 percent out and working hard each day and if The PRESIDING OFFICER. Objec- or it could be less. Who knows. So businesses had that certainty of hiring tion is heard. there is so much money on the side- that new employee, they could do that Mr. REED. If the Senator will pause lines right now that we don’t know and a lot more. They could actually in- for a moment, I am concluding, and what to do. It is not coming in to get vest in the future of our country. then the Senator will have his own the economy moving. We are in the midst of a historic eco- time. We can’t do the 1099 fix, we can’t do nomic crisis. I realize that. People are The PRESIDING OFFICER. The Sen- the R&D tax credits, we can’t work on unable to find work, and I recognize ator from Rhode Island. accelerated depreciation, and we that as well. The longer they are out of

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.044 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8286 CONGRESSIONAL RECORD — SENATE November 30, 2010 work, the harder it is to actually find So here I am with my offer. My pro- But we need to provide money so peo- work and become employable. posal is to offset the unemployment in- ple can actually go out and buy the I could go on and on as to how Con- surance—sorry, I need to take a breath food we are trying to make safe. We gress has chosen to spend its time. I re- here—the offset they supported yester- cannot keep spending and borrowing member that before we went on break, day would rescind unobligated discre- with no regard to our future, to our fis- before the elections, we wasted so tionary funding. It is the same offset cal future. We need to be fiscally re- much time on stuff that did nothing to we did yesterday. So what is the dif- sponsible and find ways to pay for the help the economy. So here we are. I fig- ference? Do you know what the dif- initiatives and policies that we think ured that when we came back, after the ference is? People are hurting, and are important. message was sent, we would get it loud- they need the help in 61⁄2 hours. The When you talk about the money—lis- ly and clearly—big change over in the 1099 fix we can address down the road, ten, it is not the government’s money. House. Here we are. We are going to get but others need it in 61⁄2 hours. It is people’s money. When they have right back to the economy. But what So for those who supported it yester- money, they traditionally invest it, do we do? We do food safety. Are you day, I am certainly hopeful that they and they invest in businesses and they kidding me? People deserve better. The will support it again today. I don’t continue to get that economic engine people who are unemployed deserve know, is it me? I ask my colleagues to going. It is not the government’s better. join in and be cosponsors. Is it because money. The consequences of our failure to I am a Republican that we will not pass It is also very clear to me that people act are the 15 million unemployed it? It is because it is my idea? I am the want to work and they want us to focus workers in our country because they almost new guy. I get that. But what on that one issue. I do not know why are unable to find that job. So here we about looking past party politics, as I we are avoiding it—I do not. Did you 1 are, 6 ⁄2 hours before the benefits are have done since the day I got here, to know we are avoiding that one issue going to expire. And I do not want to try to find commonsense solutions for that can get our country back on see that happen. Let me make it very people who are hurting. And trust me, track? Let’s just say we took all the clear to anyone listening or watching there are a lot of people hurting. Why recommendations from the debt com- or however the press wants to regurgi- don’t my colleagues join me in sup- mission that have been proposed. If we tate my statements: I don’t want this porting this proposal that 21 other do not do the other things, it is going to happen. It doesn’t need to happen. Democrats proposed yesterday and who to be short-lived, if it works at all. As many of my colleagues know, if we Creating jobs and supporting policies actually went down in the well and fail to act today, 60,000 Bay Staters that improve economic growth have voted on? This is a truly bipartisan will see their unemployment checks been my priority and will continue to proposal that we should be able to rally evaporate at the end of the week and be my focus in the Senate. There is around. I am confident that we can 800,000 workers will see their checks nothing more important. I encourage work together, as the people demanded disappear. That number will increase the administration to immediately to 2 million by the end of December. only a couple of weeks ago. drop everything and focus on the econ- As we enter the final weeks of this So we are faced with another impor- omy. It is the one thing that is our 111th Congress, there are several prior- tant decision, as we are with every ticket out of the economic mess we are ities that lie ahead. As I said earlier— other decision we make here: Do we in right now; instead, we are doing food provide the important benefits by bur- I know I am getting worked up, but it 1 safety. dening future generations, by adding just incenses me—we are here with 6 ⁄2 I also think we need to give people on to that almost $14 trillion national hours remaining, and we just found out that lifeline in order to get them debt, or do we provide the important really today, or late yesterday, that we through the tough times. Make no mis- benefits by raising taxes on businesses were even going to talk about this. We take, I agree they need help. But I look that are already struggling? have to provide that certainty to busi- at it, are we going to do it from the If you want to talk about the Bush nesses, from small mom-and-pop busi- bank account or are we going to put it tax cuts, listen, that was a tax policy nesses all the way to the biggest cor- on the credit card—bank account, cred- proposed by a President, supported by porations. They need to know what is it card? How about you folks up there— Congress, and it has been the tax pol- up. They need to know they can actu- bank account, credit card? OK. I know icy for the last 10 years. To put a tax ally rely on us to set policy that allows what I want to do. I will use the bank increase on anybody in the middle of a them to plan for the future, so they account. Let’s use money that is al- 2-year recession is going to add to can get those 9-plus percent people off ready in the system and put it to good these unemployment numbers and will of unemployment. use immediately by 12 o’clock tonight. be an absolute job killer. Do you think we are going to keep Let’s do it. So is there a better way? Of course. creating more and more government We can settle this tonight. We can There is always a better way, espe- jobs; that is it? We are just going to provide that extension of benefits to- cially when we work together. We can keep printing the money and there is night. My bipartisan idea will allow always find a better way, as I have no consequence? There is plenty of con- that to happen and will prevent mil- tried to work with the Senator from sequence. The consequence is not on lions of Americans from losing their Oregon and other Senators to find com- our grandchildren now; we are at our benefits. Providing this 1-year exten- monsense solutions to our very serious great-great-grandchildren as to paying sion will allow us to focus on the many problems. That is why I am once again this obligation back. other important priorities we have and offering an offset extension of unem- We still have to ensure that the Fed- that we have to handle before the end ployment benefits. eral Government keeps running. Let of the year. The funny thing is that the pro- me see: We have the estate tax issue, You want to stay through the holi- posal—and this is what I find so ironic. we have dealing with tax proposals or days and everything. Hey, I am here. I will see where everyone wants to policy at all, we are trying to get the Whatever. My kids are grown; they do stand. If my colleagues want to do regulatory scheme in place so we can their own thing anyway. Do I want to something today, I say to the Senators give businesses the incentive to maybe stay here? Sure, I will stay. We will who are here and listening, we can pro- bring money back from the offshore ac- stay and we will go out and celebrate vide that 1-year extension. In fact, I counts they are holding so they do not Christmas here. Whatever. But we have am offering an offset that was sup- invest in other businesses in other so many things we need to do and we ported by 21 Democrats yesterday when countries, we have this issue—we have could do them right now. we tried to do the 1099 offset bill, which a lot of other things on the table and I am glad food safety is done. We do I supported. I was a cosponsor, in a bi- we have done nothing. We spent time not have to do it anymore. So what is partisan manner. I supported both the on food safety. next? Let me see—just pick something. Republican and the Democratic pro- I love to eat. I have seen many people I guarantee, I bet—I know betting is il- posal just hoping, God forbid, we could around here, we all love to eat. I want legal here—I will bet we do not do any- get one thing done—just one. Twenty- my food safe, make no mistake about thing that has to do with the economy. one Democrats supported that bill. it. I do not want to belittle that effort. I will bet you.

VerDate Mar 15 2010 02:35 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.045 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8287 I encourage my colleagues to join The issue, though, is let’s not be se- cause we have not dealt with anything with me and stop using the credit card lective. If we are serious about the def- to do with any tax policy or structure and burdening additional generations icit, let’s take some positive steps to since I have been here—zero. We have with this tremendous debt that we can- reduce the deficit. One is not to extend not done the estate tax, we have not not afford. tax cuts to the wealthiest Americans done any tax policies, we have not done UNANIMOUS CONSENT REQUEST—H.R. 4915 at $700 billion over 10 years. That is a anything. Now you want to kind of I ask unanimous consent the Finance positive step. If that is something that muck it up and talk about if you do Committee be discharged and the Sen- is going to be entertained by the other this, we should not do that. Listen, we ate proceed to the immediate consider- side, I encourage that discussion. But are here, we have 6 hours and 15 min- ation of H.R. 4915; that all after the en- as we go forward, we are going to come utes to deal with this issue. I am not acting clause be stricken and the sub- back, again, because ultimately we quite sure why it took so long to get to stitute amendment at the desk be have these discussions. this point. Why couldn’t we have spent agreed to; that the bill, as amended, be I think my colleague from Massachu- the last 7 days, when we were doing read a third time and passed, the mo- setts has passion, sincerity, and great food safety, dealing with this? Why? tion to reconsider be laid upon the energy which he has brought to this Because there is no priority in taking table. body, but ultimately we are going to care of people who are hurting and The PRESIDING OFFICER. Is there have to go to people in Rhode Island dealing with the issues that are affect- objection? and Massachusetts, several million of ing our economy and our country on a Mr. REED. I object. them over the next year, and say: very real and personal basis. The PRESIDING OFFICER. Objec- Sorry, you are not getting any unem- My colleague says there have been tion is heard. ployment compensation benefits. delays, we should just do it for longer Mr. BROWN of Massachusetts. I Will we go to the wealthiest and say: than 1 year. He wants to do it for yield. Oh, by the way, we took care of you The PRESIDING OFFICER. The Sen- longer than 1 year? Great. Pay for it. folks; you are getting $100,000 in tax ator from Rhode Island. The reason there have been delays is Mr. REED. Madam President, my col- benefits. I think we have to deal with because we wanted to find a funding league from Massachusetts has made a the immediate crisis. I think we have source. We could have initially taken rather vigorous and impassioned state- to deal with the families who are strug- it out of the unallocated stimulus dol- ment. What I sense, though, is he is gling today. I think we have to do it lars that were being used as special quite willing to put $700 billion of tax now. I hope our leaders could work out slush funds for folks and agencies. That cuts for the wealthiest Americans on an arrangement where we could come was one of the delays, I remember, the credit card but not extend unem- to this floor and, in a scheduled debate, being part of that. That didn’t pass. I ployment benefits, as we have done 5 hours on one side, 5 on the other, and think I got two Democrats. persistently, decade after decade, with- take the vote. That has not been the Yesterday, we did a 1099 fix and 21 out offsets, for people who are strug- record on unemployment compensation Democrats supported it. What is the gling without work. So if we are talk- in this Congress. difference? Now we are talking about ing about coming together, avoiding Again, I object. The issue, the offset, real people—about kids. It is about the increased deficits, let’s look at this big discretionary spending—I think if you kids. I keep saying it is about the kids. issue of these tax cuts for the wealthi- burrowed down into that, you would It is not just about the kids who are est Americans. Let’s look at the offsets find that would be funds of a whole cat- here right now; it is about the future there, I suggest. egory of programs that could be spent, generations who are going to have to I also suggest, in terms of his argu- should be spent, to help the economy try to figure out a way to pay for this ment we are not doing anything, that move forward. insurmountable debt. the record, unfortunately, of my col- But I again urge we reconvene, that I reiterate, it is pretty simple—bank leagues on the other side, with respect we once again see if we can work our account, credit card. That is all I am to this issue—and we are talking about way forward on these unemployment saying. Happy to help, folks. The folks the issue of unemployment compensa- compensation benefits. We have done up there listening, go back and say to tion benefits extension—has been one this before through these procedural your friends and family: Senator delays that were as a result of votes by of delay and delay and delay. June 17 of BROWN of Massachusetts said bank ac- this year we tried to extend these bene- my colleagues on this side not to take counts, credit card. It makes sense. up the bill in a timely manner. We had fits and it failed in a cloture vote. They I want to help. But I also want to periods of time where unemployment would not even let us get to the sub- streamline, consolidate this, weed out lapsed and we had to retroactively re- stance of the bill or amendments, per- any fraud, waste, abuse, any money we store it. We may have to do that again. haps, which could have paid for them are not using properly, and get it out If there is delay, if we are at the 11th or tried to offset them. the door into businesses and families hour, I, frankly, looking backward, and Then we came back on June 24, a and get the economy moving again. week later, and had another vote. Of others would have preferred an exten- So here we are. I am very curious to course, again, by 57 to 41 it was op- sion of benefits that would have gone see what is next. I enjoyed the food posed. way past this point, would have gone Now we come to July 20. It finally into next year if we had to. We are safety. I voted for it. I gave some input passed 60 to 40, the minimum number talking about a year’s extension now. I on it, and I voted for it. I am happy to of votes. The vast majority of the op- hope we can get that. We will continue help. It is not going to be implemented posing caucus still says no. to fight. in 6 hours and 15 minutes. The people The notion that we are somehow The PRESIDING OFFICER. The Sen- need our help right now. blocking dealing with the economic ator from Massachusetts. Madam President, I appreciate your issues is so far from reality. What we Mr. BROWN of Massachusetts. paying attention and leading us. I am have seen is obstruction, particularly Madam President, once again, make no just hopeful that we can come together when it comes to unemployment com- mistake, I have great respect for the and use some common sense and start pensation benefits. Now here we are Senator from Rhode Island. We worked to focus on the economy. It is the econ- again. As I said, when you look back to on many regional issues—fishing and omy, period. Republican administrations and Demo- military issues. I respect his service I yield the floor. cratic administrations, when we have not only to the military but also to his Mr. DURBIN. Madam President, had this level of unemployment, we State. But I have to respectfully dis- every once in a while, Congress is faced have always managed to come together agree with his presentation and rep- with a policy choice that clearly de- and to go ahead and pass these meas- resentation on some of the issues. fines for the American people exactly ures on a bipartisan basis and not with He keeps referring back to the tax who each member is fighting for. three cloture votes but with one per- cuts for the rich. That is great. We are We are nearing one of those clari- haps procedural vote and then a sub- not dealing with that right now. It is fying moments here on the Senate stantive vote. not something we are dealing with be- floor.

VerDate Mar 15 2010 02:35 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.046 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8288 CONGRESSIONAL RECORD — SENATE November 30, 2010 Today, the authorization for emer- They oppose extending the Obama dertake costly, burdensome measures gency unemployment insurance ex- tax provisions from the Recovery Act to prevent identity theft in industries pires. which benefit middle-class Americans, where it poses little threat. Identity For the 15 million Americans who are including the earned-income tax credit, theft is a serious problem, but the defi- struggling to put food on the table as the child tax credit, and the making nition of ‘‘creditor’’ for purposes of the they look for work during this Great work pay credit. Those provisions ex- FTC’s red flags rule is too broad and Recession, the Republicans are de- pire at the end of the year. would cover small businesses that pose manding that we cancel the extra as- We can’t afford those, the say. But little risk to consumers. sistance we have provided since the we can afford to give another $700 bil- Under the legislation that Senator economic crisis began. lion to the wealthiest 2 percent of BEGICH and I are proposing, only a The Democrats will fight to ensure Americans, according to the Repub- ‘‘creditor’’ that regularly and in the or- that this assistance to struggling mid- licans. dinary course of its business obtains or dle class families continues through We have the money for the equiva- uses consumer reports in connection the holidays and through next year. lent of another economic recovery bill with a credit transaction, furnishes in- Even as emergency unemployment but we can’t afford a small fraction of formation to consumer reporting agen- assistance expires, the Republicans are that cost to help middle-class families cies in connection with a credit trans- demanding that the Bush-era tax cuts who need a helping hand. action, or advances funds would be re- be extended for everyone. The difference between the Repub- quired to develop and implement a Most importantly for them, the Re- licans and Democrats couldn’t be more written identity theft prevention and publicans are demanding that the clear. detection program. wealthiest people in America receive a Republicans won’t allow tax cuts for So, for example, an accountant would massive tax cut, on top of the hundreds anyone unless the rich get a far bigger not become a creditor simply for ob- of billions of dollars of tax cuts they share, and won’t allow those looking taining a consumer report—with the have already pocketed over the last 10 for work to receive any continued permission of any consumer whose re- years. emergency assistance. port is obtained—in order to examine The Republicans don’t think a $6,300 The Democrats, on the other hand, the integrity of a company’s manage- tax cut per year is good enough for mil- want to give 98 percent of Americans a ment. lionaires. They are demanding that tax cut, and want to help the unem- And the legislation makes clear that millionaires receive $100,000 in tax cuts ployed keep food on the able for their an advance of funds does not include a every single year—and if not, no one children while they compete with the creditor’s payment in advance for fees, should receive anything. other 15 million unemployed Ameri- materials, or services that are inci- The cost for permanently extending cans in looking for work. dental to the creditor’s ability to pro- the Bush tax cuts for people making The PRESIDING OFFICER. The Sen- vide another service that a person ini- over $250,000? About $700 billion over ator from Washington. tiated or requested, such as the ad- the next 10 years alone. Plus interest. f vance payment of expert witness fees Meanwhile, the Republicans oppose by a lawyer to support the representa- RED FLAG PROGRAM extending emergency assistance to the tion of a client. CLARIFICATION ACT OF 2010 unemployed, supposedly because it Any other type of creditor may only costs too much. Mrs. MURRAY. Madam President, I be covered through a rulemaking based The cost for extending emergency un- ask unanimous consent that the Sen- upon an agency’s determination that employment assistance for 1 year? ate proceed to the immediate consider- these types of creditors offer or main- About $60 billion. ation of S. 3987, introduced earlier tain accounts that pose a reasonably Just as importantly, the Republicans today. foreseeable risk of identity theft. Such are demanding that we spend another The PRESIDING OFFICER. The creditors would receive notice that $700 billion on what CBO has deter- clerk will report the bill by title. they could be covered by a rule, and mined is one of the weakest options we The assistant editor of the Daily Di- there would be a public airing of the have for spurring job growth. gest read as follows: issues when the proposed rule is pub- The wealthy don’t spend extra money A bill (S. 3987) to amend the Fair Credit lished for notice and comment. they receive. That doesn’t drive up de- Reporting Act with respect to the applica- Could Senator DODD, as chairman of mand for goods and services. Employ- bility of identify theft guidelines to credi- the committee of jurisdiction, the Sen- ers don’t hire more people if they can’t tors. ate Banking Committee, provide us sell more things. There being no objection, the Senate with some context regarding the legis- At the same time, the Republicans proceeded to consider the bill. lation under which the FTC’s rule was oppose spending $60 billion on what DEFINITION OF CREDITOR promulgated? CBO has determined is one of the Mr. THUNE. Madam President, I Mr. DODD. Gladly. The FTC’s red strongest options we have for spurring wish to engage my colleagues Senator flags rule implementing section 114 of job growth. DODD and Senator BEGICH in colloquy. the FACT Act became effective on Jan- The unemployed spend every extra I rise today in support of S. 3987, the uary 1, 2008. The rule applied to ‘‘credi- penny they receive as they buy the Red Flag Program Clarification Act of tors,’’ defined under the FACT Act the bare necessities, so aggregate demand 2010, legislation that Senator BEGICH same way as in the Equal Credit Oppor- gets a boost. Employers hire more peo- and I have introduced to narrow the tunity Act, ECOA, to include any per- ple when they can sell more things. scope of section 114 of the Fair and Ac- son that sells a product or service for Democrats oppose spending $700 bil- curate Credit Transactions Act of which the consumer can pay later. lion we don’t have on tax cuts that 2003—the FACT Act. This section of the After the red flags rule became final, don’t help people get back to work. FACT Act directed financial regulatory many businesses and other entities in- We support spending less than 10 per- agencies, including the Federal Trade dicated that they were not aware that cent of that amount—$60 billion—on Commission, FTC, to promulgate rules they would be covered by this rule. At assistance to the unemployed that does requiring ‘‘creditors’’ and ‘‘financial first, the FTC delayed enforcement of help people get back to work. institutions’’ to implement programs the rule several times to allow these We have seen this movie before, of to detect and respond to red flags—pat- entities time to come into compliance course. terns, practices, or specific activities— with the rule. Then, a number of pro- Republicans opposed extending the that could indicate identity theft. fessional organizations, including the TANF Jobs program, which helped cre- The purpose of the Red Flag Program American Bar Association and the ate 250,000 new jobs and which even Clarification Act of 2010 is to identify American Medical Association, sued some Republican Governors applauded and limit the type of ‘‘creditor’’ that the FTC for taking the position that as an example of smart government. must be covered. If the FTC’s final red professionals were ‘‘creditors’’ when That program expired at the end of flags rule is implemented, this rule they allowed consumers to pay later, September. could require small businesses to un- and would have to comply with its red

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.026 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8289 flags rule. On May 28, 2010, the FTC an- of their red flags rule to wait for con- every single day; they scour the want nounced that it would delay enforcing gressional clarification on this issue ads; they send out their resumes and its red flags rule through December 31, and thank Senator DODD for his assist- desperately try to find work in an 2010, and asked Congress to pass legis- ance in drafting this legislation. I am economy that continues to struggle. lation that would resolve any questions confident that our efforts to provide a These workers do not want to be where about which entities should be covered legislative solution that protects con- they are. They would like nothing as ‘‘creditors’’ and to obviate the need sumers and businesses alike can be more than to be back on the job doing for further enforcement delays. achieved through this legislation. what many of them have been doing for Mr. BEGICH. I thank the Senator. Mrs. MURRAY. Madam President, I years—working hard and adding value Unless this bipartisan bill becomes law, ask unanimous consent that the bill be to their companies and contributing to many small businesses for which iden- read a third time and passed, the mo- their communities and providing for tity theft is not a threat could be re- tion to reconsider be laid upon the their families. quired to spend time and effort to com- table, and that any statements be But while they struggle to find work, ply with the red flags rule imple- printed in the RECORD. many of them depend on the unemploy- menting the FACT Act. This could re- The PRESIDING OFFICER. Without ment insurance programs we put in quire them to take time away from objection, it is so ordered. place to keep their heads above water. growing their businesses and creating The bill was ordered to be engrossed This support has allowed these families jobs. Small businesses are the eco- for a third reading, was read the third to put food on the table, to stay in nomic driver of our country, and in a time, and passed, as follows: their homes, and to pay for their chil- time of high unemployment and stag- S. 3987 dren’s health care. These programs are nant economic growth, businesses not extravagant. But for a lot of our should be focused on job creation, and Be it enacted by the Senate and House of Rep- resentatives of the United States of America in workers today, they made all the dif- should not have to spend the money to Congress assembled, ference. comply with regulatory burdens dis- SECTION 1. SHORT TITLE. Workers such as a woman named proportionate to the scope of the iden- This Act may be cited as the ‘‘Red Flag Judy Curtis, who lives in Mill Creek, tity theft problem. Program Clarification Act of 2010’’. WA, wrote to my office urging us to do This bill would address what the SEC. 2. SCOPE OF CERTAIN CREDITOR REQUIRE- everything we could to reauthorize this chairman of the FTC, Jon Leibowitz, MENTS. program. She is a single mom who called ‘‘the unintended consequences of (a) AMENDMENT TO FCRA.—Section 615(e) worked hard her whole life to support the legislation establishing the red of the Fair Credit Reporting Act (15 U.S.C. herself and her developmentally dis- flags rule.’’ While this list isn’t exclu- 1681m(e)) is amended by adding at the end abled son Sean. She told me she has the following: sive, many small businesses such as been laid off twice since this downturn doctor’s and dentist’s offices, phar- ‘‘(4) DEFINITIONS.—As used in this sub- began and has been looking for a new macies, veterinary clinics, accounting section, the term ‘creditor’— job every day but without any luck. offices, and other types of health care ‘‘(A) means a creditor, as defined in section 702 of the Equal Credit Opportunity Act (15 Her unemployment insurance is providers and other service providers U.S.C. 1691a), that regularly and in the ordi- going to be cut off on January 15 unless were classified as ‘‘creditors’’ because nary course of business— we reauthorize it. She does not know they sometimes let clients pay after ‘‘(i) obtains or uses consumer reports, di- how she and her son are going to make they provide their services. This legis- rectly or indirectly, in connection with a it if that happens. So it is because of credit transaction; lation makes clear that these small stories like hers that I am so dis- businesses should not be swept under ‘‘(ii) furnishes information to consumer re- appointed we are once again throwing the red flags rule in the future just be- porting agencies, as described in section 623, families into a state of uncertainty and cause they allow payment to be de- in connection with a credit transaction; or turmoil by allowing these emergency ferred, when they don’t offer or main- ‘‘(iii) advances funds to or on behalf of a person, based on an obligation of the person unemployment programs to expire tain accounts that pose a reasonably to repay the funds or repayable from specific today. It does not make any sense. foreseeable risk of identity theft. property pledged by or on behalf of the per- Our economy still has a long way to I would ask the chairman of the son; go on the road to recovery. There are Banking Committee if he agrees with ‘‘(B) does not include a creditor described five job seekers for every open position my description of what the Red Flag in subparagraph (A)(iii) that advances funds today. The unemployment rate stands Program Clarification Act of 2010 will on behalf of a person for expenses incidental at 9.6 percent, and Senate Republicans accomplish? to a service provided by the creditor to that Mr. DODD. Yes, I agree that this bill person; and think now is a good time to cut fami- narrows the applicability of the red ‘‘(C) includes any other type of creditor, as lies off from the support on which they flag identity theft provisions of the defined in that section 702, as the agency de- depend? We cannot allow this to hap- scribed in paragraph (1) having authority pen. We cannot sit on the sidelines FACT Act to cover those creditors over that creditor may determine appro- where identity thieves can do the most while more families are pushed into priate by rule promulgated by that agency, bankruptcy and lose their health care harm—creditors that use consumer re- based on a determination that such creditor ports, furnish information to consumer offers or maintains accounts that are subject and their homes are foreclosed on. We reporting agencies, and other creditors to a reasonably foreseeable risk of identity cannot stand by and watch as our that loan money, such as payday lend- theft.’’. working families who have already ers, that do not necessarily use con- (b) EFFECTIVE DATE.—The amendment been pushed to the brink by this finan- sumer reports or furnish information made by this section shall become effective cial crisis—that they did not create by to consumer reporting agencies. on the date of enactment of this Act. the way—are now shoved to the edge The legislation also makes clear that The PRESIDING OFFICER. The Sen- through no fault of their own. It is lawyers, doctors, dentists, ortho- ator from Washington. wrong and it does not make sense. It dontists, pharmacists, veterinarians, f does not make sense to pull billions of accountants, nurse practitioners, so- dollars out of our economy. It does not UNEMPLOYMENT INSURANCE cial workers, other types of health care make sense to remove purchasing REAUTHORIZATION providers an other service providers power from so many families. And it will no longer be classified as ‘‘credi- Mrs. MURRAY. Madam President, I does not make sense to lose the multi- tors’’ for the purposes of the red flags came to the floor this afternoon to plier effect of these funds that keep rule just because they do not receive speak on behalf of thousands of fami- millions of workers on the job. It cer- payment in full from their clients at lies in my home State of Washington tainly does not make any sense to do the time they provide their services, who stand to lose everything they have this right before the holidays. when they don’t offer or maintain ac- because a few Republican Senators con- I have to say, I find it very inter- counts that pose a reasonably foresee- tinue to put politics ahead of policy. esting that some of the Senators who able risk of identity theft. Men and women in my State from Se- oppose extending this support for mid- Mr. THUNE. I applaud the FTC’s co- attle to Spokane, who lost their jobs dle-class families are the very same operation in delaying implementation through no fault of their own, get up ones who have no problem extending

VerDate Mar 15 2010 02:35 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.028 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8290 CONGRESSIONAL RECORD — SENATE November 30, 2010 the Bush tax cuts for the richest Amer- The second reason we do it is, as one If I even get to interview the answer is the icans that will cost us almost $1 tril- of JOHN MCCAIN’s chief economic advis- same. You are way overqualified for this job. lion. They talk about helping the econ- ers said repeatedly, a dollar in unem- I was told that the new sporting goods store had over 3,000 applicants. omy. But economists across the board ployment benefits is about the best Are both sides willing to do what needs to agree that unemployment insurance stimulus for the economy one could be done to avoid another delay? I don’t know programs are one of the best ways to have. When we give a tax cut to a mil- what we will do if the extension is not passed provide a much needed boost. So for lionaire, as most of my Republican col- in time. those Republicans it is not about the leagues want to do, if we give $10,000 to It is unbelievable that my conserv- deficit, it is not about what is best for a millionaire, they will likely not ative colleagues are willing to give tax the economy, it is certainly not about spend it. They have already spent their cuts to millionaires and billionaires good policy, it is about politics, plain money on what they want because they but are unwilling to maintain unem- and simple. have more than enough to do that. So ployment benefits for people such as I am going to keep fighting to main- a tax cut doesn’t mean much to them. Timothy. When one thinks about that, tain these emergency unemployment But an unemployment check means it is also the anxiety that somebody compensation benefits through next that an unemployed worker will spend like Tim feels about his children, about year for Judy Curtis’s family, for thou- that money in the community, at the his house, about his being able to pro- sands of families like hers across Wash- grocery store, buying shoes for the vide what he needs during the Christ- ington State, and for millions in Amer- kids, paying the property tax, paying mas season or any other season. So ica. These programs were not meant to for their rent and gas bill, paying for many people in this country have to continue indefinitely. But until our gas in the car to go around looking for wait until the Republicans drop their economy gets back on track, it would jobs. The money is recirculated. It is a filibuster in order for us to maintain be devastating to cut those families off good economic stimulus and the right these benefits. That is pretty uncon- from this critical lifeline now. thing to do for the worker who has lost scionable. I yield the floor, and I suggest the ab- their job. That is why the Presiding Of- Kelly from Summit County, the sence of a quorum. ficer and others have fought so hard to Akron area in northeast Ohio, writes: The PRESIDING OFFICER. The make sure those benefits are there. It Please help get the unemployment exten- clerk will call the roll. is not welfare; it is insurance. sion passed during this session. The assistant editor of the Daily Di- I am about to exhaust my benefits in three In spite of what some conservative gest proceeded to call the roll. weeks. Everyday I look for employment, but Mr. BROWN of Ohio. I ask unanimous politicians like to suggest, that it is to no avail. consent that the order for the quorum people sitting around who don’t want My mortgage company leaves no room for call be rescinded. to work, almost everybody I talked late or missing payments. I don’t need the money for Christmas—I The PRESIDING OFFICER (Mr. to—whether it was in Conneaut or Mid- dleton or Sidney or Portsmouth—who need it to pay my bills and my mortgage. UDALL of Colorado). Without objection, There will be no Christmas this year, espe- it is so ordered. lost a job wants to go back to work. cially when I begin to get behind on pay- Mr. BROWN of Ohio. I ask unanimous Unemployment compensation is never ments. consent to speak for up to 10 minutes as much as the person is making on the Kelly says what so many are saying as in morning business. job. That is under a formula. That is in letters to our office, that this is es- The PRESIDING OFFICER. Without why they want to go back to work. sential. Getting this relatively meager objection, it is so ordered. Plus these are hard-working people unemployment assistance, not a lot of f who understand that they need to keep money but enough to at least pay her looking for a job. UNEMPLOYMENT COMPENSATION rent—although I don’t know if Kelly is For every job out there, there are male or female—but to pay the rent, Mr. BROWN of Ohio. Mr. President, I roughly five people seeking a job. That not Christmas presents, nothing elabo- come to the floor to share letters from is a national figure. But in Ohio, it is rate, not even Christmas dinner but to Ohioans from all corners of my State, no better. That is why I am going to just pay the rent. letters mostly from people who have share these letters. Richard from Summit County says: lost their jobs and depend on some- I will start with Timothy from Fair- I am writing to share the reality of my sit- thing called unemployment insurance. field. That is a prosperous suburban uation that I’m sure millions are also experi- It is insurance, not welfare, not give- Cincinnati community in Butler Coun- encing. Today I filed my final claim for un- aways. People work at a business. ty in southwest Ohio. It happens every- employment. This is the moment that made Their employer pays into the unem- where, not just the inner city, not just me lay awake at night. The reality is at our ployment insurance fund. Obviously, it rural Appalachia. It is not just small home there will be no Thanksgiving and no is money the employee does not get as towns or medium-size cities. It is gen- Christmas this year. I hear carols being income, so we could say it either way: played, I see ads for Christmas sales. It erally pretty affluent suburbs. makes me depressed like never before. I feel the employee pays or the employer He writes: the gifts and celebrations are meant for pays. Either way it is insurance. They Unemployment extensions end in about other people—the ‘‘haves.’’ No more money pay into a fund. When someone loses two weeks and once again my family worries for my diabetes medicine, dental checkups, their job, they get assistance from the about what the future will bring. eye drops for glaucoma. Never have I felt fund. This is why it works so well. The last delay made us unable to pay many like throwing in the towel before now. When the unemployment rate is bills on time and we still have not fully re- I just wish my colleagues would talk above a certain level, a relatively high covered. to people like Richard: When I hear unemployment rate, we always have If another delay happens we will certainly be put in such a hole that I don’t see us get- carols being played for Christmas sales, extended and maintained unemploy- ting out of. it makes me depressed like never be- ment insurance benefits for those Not to mention it’s the holiday season and fore. I feel the gifts and celebrations workers who have lost jobs. We do that I really don’t know what I would tell my 4 are meant for other people. No more for two reasons: One, because it is the and 7 year old if Christmas wasn’t as it has money for my diabetes meds, no more right thing to do if someone loses their been in the past. dental checkups, no more eye drops for I am in the manufacturing field. I worked job. Whether it is in Boulder in the glaucoma. State of the Presiding Officer or in as an inspector and quality engineer. This next week will be my first of my final Unemployment benefits are not going Galion, OH, it is the humanitarian 20 weeks of Ohio emergency unemployment. to make him comfortable or rich, but thing to do. That worker who has lost I search for openings in quality inspectors it will help him get through these their job can at least pay most of their and quality engineers within a 50 mile radius rough times. Instead, to make a polit- bills then, at least stay in the apart- of our town. ical point, my colleagues are saying we ment or house and pay the mortgage, How is he going to afford gas if his are not going to maintain unemploy- pay the rent, pay for food, take care of unemployment extension runs out? ment benefits. the kids. They wouldn’t be able to I found zero results. I have been applying The last one I will read is from Jac- without the unemployment insurance for retail jobs, janitorial jobs, and mainte- queline from Cuyahoga County in the monthly payments. nance jobs. Cleveland area:

VerDate Mar 15 2010 02:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.051 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8291 I have been an unemployed human re- CAMPAIGN TO STOP BULLYING On September 18th, 2009 I was attacked by a student at my school for being gay. This sources professional for a year and a half. Mr. BROWN of Ohio. Over the last Even after having applied for over 170 jobs, I student beat me in the head with a hammer am still very active in my job search. few months, our Nation has mourned three times. He chased me down so he could the loss of several lesbian, gay, bisex- These are not people sitting around get the last two hits. The student attacked ual, and transgender teenagers driven cashing their checks. She is still very me for being gay. I have no way of using this to suicide because of hateful and igno- attack to promote gay rights, to promote active in her job search. rant bullying and harassment. These gay equality, but you do. And you could do I go to at least 2 networking events/meet- tragic circumstances brought families, this for me. I need your help more than any- ings per week and I keep a positive attitude friends, and concerned citizens to- thing. No one deserves to go through what I in spite of my situation. Yes, I have applied went through. for jobs in other fields or professions which gether through vigils on public squares in communities all over this country My message to Nicholas and to all use similar and transferable skills. I get no LGBT Americans is this: You are not response. I have worked with recruiters and and on college campuses throughout head hunters, online networks, and have ap- the Nation. Together, millions of fel- alone. Life will get better. You can find pealed to friends and family members to low Americans have drawn attention to the love and acceptance you deserve, look for opportunities. I have worked full- intolerance and violence that LGBT and you will find the love and accept- time since I was 16 years old, even through Americans face each day. Together, we ance you deserve, free from fear and college. At age 45 and as an educated profes- can ensure all LGBT Americans that hate. You will realize your full poten- sional with so much to offer an organization, tial every bit as much as anyone else I still want to work for many more years. life will get better for them. As a father, I cannot bear to imagine because things are changing in this She has worked since she was 16. She the unspeakable pain endured by the country. is now 45. She has worked twice as long parents of those teenagers who trag- There is no acceptable justification as almost the age of these pages who ically took their own lives. No parent for the violence experienced by Nich- sit in front of us. She has worked for 29 should have to bury a child. No child olas or the physical and emotional mis- years. She is not a deadbeat. She should ever feel so hopeless and so for- treatment of LGBT students in our doesn’t want to sit around and collect gotten and so alone and so isolated schools and in our communities. That unemployment. She wants a job. As I that suicide seems like their only es- is why the Senate must take crucial said, there are five people pursuing cape. But the rash of highly publicized steps to ensure that schools are safe every job out there. suicides of LGBT students not only places for learning, safe places for stu- Without unemployment benefits, my fam- highlights the national epidemic of dents, and not breeding grounds for ily would have lost our home by now. I am bullying these students face, it also re- bullying. begging you to fight to extend unemploy- First, we must pass the Safe Schools minds us that we all as adults, as cler- ment benefits until more companies start Improvement Act which would help gy, as educators, or as peers of these hiring. Please don’t let 15 million Americans schools implement LGBT-inclusive students—we all have a role to play in have to worry about feeding their families programming to combat bullying and this winter. Please urge your colleagues to preventing discrimination. harassment. Second, we must pass the pass an unemployment benefit extension be- Bullies target the vulnerable and Student Nondiscrimination Act which fore December 1. subject them to cruelty through taunts would bar schools which receive public in the classroom or on the Internet, December 1 is approaching. We still money from implementing programs through chants on the playing field or can’t get our Republican colleagues—it that discriminate based on sexual ori- physical abuse in the neighborhood. is pretty unbelievable. We have been entation or gender identity. through this for the third time, I be- Prejudices based on religion or race or Legislation alone, of course, will not lieve, in the last year or so where we disability or sexual orientation or gen- eradicate or put an end to bullying, but have begged and cajoled and pleaded der or physical or intellectual dif- we also know what legislation did for and asked and done whatever we can to ferences too often translate into phys- women, for children, for civil rights. get our colleagues to say yes, to not ical torment and isolation and abuse Attitudes change over time. Legisla- filibuster, to get our colleagues to say against others. tion helps accelerate that change. That yes, to get the supermajority, the 60 LGBT youth, in particular, are fre- is why those two pieces of legislation votes we need to extend the unemploy- quently targeted by bullies. Public sur- matter. They will be major steps to- ment benefits. veys indicate that 80 percent of LGBT ward ensuring safety and equal treat- There is a lot of fear out there. students report regular harassment by ment for all students in our school sys- Whether it is in Denver or Cleveland, fellow students—a rate three times tems. whether it is in Trinidad or Mansfield, that of heterosexual teens, three times Parents and teachers also have a spe- there is all kinds of anxiety and fear the rate of their heterosexual peers. cial responsibility to help LGBT youth and anguish out there. We could do Seventy-five percent of high school confront the bullying they face at something in this body to lessen it for students routinely hear homophobic re- school. They, too, should ensure that our fellow Americans. marks in school, reinforcing stereo- every student knows she is valued, I ask my colleagues to move forward types and prejudices. Without a safe knows he is valued, regardless of sexual in maintaining unemployment benefits space to speak openly with a caring orientation or gender identity. for the millions of Americans for whom adult or a like-minded peer, victims LGBT community centers or na- the Christmas season, the holiday sea- are left to question their self-worth. tional organizations such as the Gay, son will not be very happy this year. On top of the self-doubt and insecu- Lesbian and Straight Education Net- I yield the floor and suggest the ab- rity that all young people feel already work are valuable resources for stu- sence of a quorum. regardless of gender or race or sexual dents, parents, and educators. The PRESIDING OFFICER. The orientation—we have all been through I remember several years ago an clerk will call the roll. that certainly as young teenagers and event where students sat together as The legislative clerk proceeded to older teenagers, too, for that matter, part of a gay/straight alliance at a high call the roll. but add to that the kind of insecurities school in western Cuyahoga County. The PRESIDING OFFICER. The Sen- that are put on them by bullying tac- There were 10 students at 2 different ator from Ohio. tics, by so many people spouting tables, 5 gay students, 5 straight stu- Mr. BROWN of Ohio. Mr. President, I homophobic remarks. dents, all supporting one another, un- ask unanimous consent that the order Too many young gay men and derstanding each other and accepting for the quorum call be rescinded. women, boys and girls, are forced into their differences. They can still care The PRESIDING OFFICER. Without secrecy about who they are rather than about one another, and they can pro- objection, it is so ordered. affirming the person they should tect them, in many cases, from some of Mr. BROWN of Ohio. I ask unanimous proudly be. the bullying that might have befallen consent to speak as in morning busi- A brave young Ohioan named Nich- some of them. ness. olas sent me a letter detailing an at- To our own LGBT students who are The PRESIDING OFFICER. Without tack by a schoolyard bully. Here is either forced to live a lie or face hos- objection, it is so ordered. what Nicholas wrote: tility for simply living their lives, all

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.055 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8292 CONGRESSIONAL RECORD — SENATE November 30, 2010 of you should know there are resources Mr. BROWN of Ohio. Mr. President, I S. RES. 690 to help you in times of need. The ask unanimous consent that the bill be Whereas Mark Twain was born with the Trevor Project is the leading national read the third time and passed, the mo- name Samuel Langhorne Clemens on Novem- organization focused on crisis and sui- tion to reconsider be laid upon the ber 30, 1835, in Florida, Missouri, the 6th cide prevention among lesbian, gay, bi- table, with no intervening action or de- child of John Marshall and Jane Lampton sexual, transgender, and questioning bate, and that any statements related Clemens; Whereas in 1839, the Clemens family moved youth. For more information, if you to the bill be printed in the RECORD. to Hannibal, Missouri, the inspiration for the are feeling alone, anyone watching The PRESIDING OFFICER. Without fictional town of St. Petersburg depicted in today feeling alone, helpless, or in cri- objection, it is so ordered. the novels ‘‘The Adventures of Tom Sawyer’’ sis, people can visit the Trevor The bill (H.R. 6162) was read the third and ‘‘Adventures of Huckleberry Finn’’, Project’s Web site, time and passed. where the Clemens family lived until 1853, thetrevorproject.org, or they can call f including several years of residence at 206 the hotline at 866–488–7386. Hill Street, known as the boyhood home of AMERICAN EAGLE PALLADIUM For anyone who is in suicidal crisis Mark Twain; BULLION COIN ACT OF 2010 Whereas in 1848, Samuel Clemens left or in need of help, the National Suicide Mr. BROWN of Ohio. Mr. President, I school to become a printer’s apprentice at Prevention Lifeline is available 24 the Missouri Courier newspaper, his first in a hours a day, 7 days a week by calling 1– ask unanimous consent that the Bank- series of occupations that include, most no- 800–273–TALK. ing Committee be discharged from fur- tably, author, but also, printer, typesetter, To Nick: I don’t normally come to ther consideration of H.R. 6166 and the steamboat pilot, journalist, lecturer, pub- the floor and talk about a service like Senate proceed to its immediate con- lisher, editor, prospector, and political activ- this. I think, though, when people feel sideration. ist; alone, they don’t always know there is The PRESIDING OFFICER. Without Whereas while working at the Virginia City newspaper, the Territorial Enterprise, help out there for them. Young people objection, it is so ordered. The clerk will state the bill by title. Clemens first used the pen name ‘‘Mark need to know that it is getting better, Twain’’ in 1863; that life will get better for them, so it The assistant bill clerk read as fol- Whereas with the publication of the short is important to share that information lows: story ‘‘Jim Smiley and His Jumping Frog’’ on the Senate floor. A bill (H.R. 6166) to authorize the produc- in The Saturday Press in 1865, Mark Twain To Nicholas: History is on your side. tion of palladium bullion coins to provide af- experienced his first significant success as It will, in fact, get better. Workers fordable opportunities for investments in an author; fought for the right to organize, women precious metals, and for other purposes. Whereas in 1869, Twain’s first book, ‘‘The Innocents Abroad’’, was published, detailing fought for the right to vote, African There being no objection, the Senate proceeded to consider the bill. Twain’s adventures through Europe and the Americans fought for equal justice, and Middle East; now LGBT Americans of all back- Mr. BROWN of Ohio. Mr. President, I Whereas Samuel Clemens, known for the grounds are fighting for equality. ask unanimous consent that the bill be love and affection he demonstrated for his It is up to us to join this fight. It is read the third time and passed, the mo- wife and family and to whom the quote, up to us to be on the side of people tion to reconsider be laid upon the ‘‘What is a home without a child?’’, is attrib- whose lives are a little bit more dif- table, with no intervening action or de- uted, in 1870 married Olivia Langdon, with ficult, perhaps, than others’ lives. It is bate, and that any statements related whom he had 4 children, Langdon, Olivia to the bill be printed in the RECORD. Susan, Clara Langdon, and Jane Lampton; that spirit of inclusion, it is the pur- Whereas the book ‘‘Roughing It’’, part suit of the American dream, that will, The PRESIDING OFFICER. Without objection, it is so ordered. autobiography and part tall tale, chronicling in fact, make it better for these young Twain’s adventures in the early American people, and it will make it better for The bill (H.R. 6166) was read the third West and critiquing society’s treatment of all Americans. time and passed. Chinese Americans, was published in 1872; I yield the floor, and I note the ab- f Whereas ‘‘The Gilded Age: A Tale of Today’’, a novel Twain wrote in collabora- sence of a quorum. COMMEMORATING THE 175TH ANNI- The PRESIDING OFFICER. The tion with Charles Dudley Warner satirizing VERSARY OF THE BIRTH OF political corruption and greed in American clerk will call the roll. MARK TWAIN life, was published in 1873; The assistant bill clerk proceeded to Whereas Twain’s novel, ‘‘The Adventures call the roll. Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the Sen- of Tom Sawyer’’, through which he sought Mr. BROWN of Ohio. Mr. President, I ‘‘to pleasantly remind adults of what they ask unanimous consent that the order ate proceed to the immediate consider- once were themselves, and of how they felt for the quorum call be rescinded. ation of S. Res. 690, submitted earlier and thought and talked, and what queer en- The PRESIDING OFFICER. Without today. terprises they sometimes engaged in’’, was objection, it is so ordered. The PRESIDING OFFICER. The published in 1876; clerk will report the resolution by Whereas in 1881, Twain addressed class f title. issues and attacked injustice and hypocrisy COIN MODERNIZATION, OVER- The assistant bill clerk read as fol- in English society with the publication of his SIGHT, AND CONTINUITY ACT OF lows: novel, ‘‘The Prince and the Pauper’’; 2010 Whereas in 1883, ‘‘Life on the Mississippi’’, A resolution (S. Res. 690) commemorating Twain’s book exploring the history and lore Mr. BROWN of Ohio. Mr. President, I the 175th anniversary of the birth of Mark of the Mississippi River and detailing his ask unanimous consent that the Bank- Twain. time spent as a Mississippi River steamboat ing Committee be discharged from fur- There being no objection, the Senate pilot, was published; ther consideration of H.R. 6162 and the proceeded to consider the resolution. Whereas Mark Twain’s most famous work, Senate proceed to its immediate con- Mr. BROWN of Ohio. Mr. President, I ‘‘Adventures of Huckleberry Finn’’, which ask unanimous consent that the reso- attacked the institution of slavery, the fail- sideration. ures of Reconstruction, and the continued The PRESIDING OFFICER. Without lution be agreed to, the preamble be mistreatment of African Americans in Amer- objection, it is so ordered. The clerk agreed to, the motions to reconsider be ican society, and which is considered a mas- will state the bill by title. laid upon the table, with no inter- terpiece of American fiction and is widely The assistant bill clerk read as fol- vening action or debate, and that any known as one of the Great American Novels, lows: statements related to the resolution be was published in 1884; Whereas Twain’s powerful social critique, A bill (H.R. 6162) to provide research and printed in the RECORD. ‘‘A Connecticut Yankee in King Arthur’s development authority for alternative coin- The PRESIDING OFFICER. Without Court’’, was published in 1889; age materials to the Secretary of Treasury, objection, it is so ordered. Whereas ‘‘The Tragedy of Pudd’nhead Wil- increase congressional oversight over coin The resolution (S. Res. 690) was son’’, Twain’s strongest critique of racism production, and ensure the continuity of cer- agreed to. and the institution of slavery, was published tain numismatic items. The preamble was agreed to. in 1894; There being no objection, the Senate The resolution, with its preamble, Whereas on April 21, 1910, Samuel Clemens proceeded to consider the bill. reads as follows: died at the age of 74; and

VerDate Mar 15 2010 02:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.056 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8293 Whereas the 175th anniversary of the birth honor the life and heroic service of ate jobs here at home. One obvious way of Mark Twain is an historic occasion: Now, LCpl Brandon W. Pearson. Lance Cor- to create jobs is to sell more products therefore, be it poral Pearson, who was assigned to the to overseas markets. That’s why Presi- Resolved, That the Senate commemorates dent Obama has announced the goal of the 175th anniversary of the birth of Mark 3rd Battalion, 5th Marine Regiment, Twain on November 30, 2010, and his enduring Regimental Combat Team-2, I Marine doubling U.S. exports by the year 2015. legacy as one of our Nation’s greatest au- Expeditionary Force Forward, 1st Ma- That is an admirable goal and one that thors and humorists. rine Division, out of Camp Pendleton, I support. To achieve that goal we have to ex- f CA, died on November 4, 2010, from wounds he received while supporting amine our trade policies and change PERMITTING USE OF SENATE combat operations in Helmand Prov- them when they are not working. That BUILDINGS ince, Afghanistan. He was 21 years old. is surely what we need to do when it Mr. BROWN of Ohio. Mr. President, I A native of Colorado, Lance Corporal comes to the so-called U.S.-Korea Free ask unanimous consent that the Sen- Pearson graduated from Ralston Valley Trade Agreement and automotive ate proceed to the immediate consider- High School in Arvada. He was serving trade. ation of S. Res. 691, submitted earlier his second tour of duty. Although this This agreement, still being nego- today. was his first tour in Afghanistan, his tiated, would perpetuate an unlevel The PRESIDING OFFICER. The battalion was assigned to one of the playing field that unfairly disadvan- clerk will report the resolution by most dangerous districts in Helmand tages U.S. automotive exports. One of title. Province. the reasons the agreement has not been The assistant bill clerk read as fol- During his 3 years of service, Lance brought before the U.S. Congress for lows: Corporal Pearson distinguished himself approval is because the agreement is A resolution (S. Res. 691) to permit the col- through his courage, dedication to skewed in favor of Korean automakers. lection of clothing, toys, food, and duty, and willingness to take on any The Bush administration made a housewares during the holiday season for job. He was given numerous awards and major error in how it approached the growing field of electric vehicles dur- charitable purposes in Senate buildings. medals, including the Marine Corps ing treaty negotiations. The agreement There being no objection, the Senate Good Conduct Medal, the Afghanistan would allow for a 10 year phase-out of proceeded to consider the resolution. Campaign Medal, the Global War on the 8 percent Korean tariff on hybrid Mr. BROWN of Ohio. I ask unanimous Terrorism Service Medal, and the Na- electric passenger vehicles and the 2.5 consent that the resolution be agreed tional Defense Service Medal. percent U.S. tariff. This is not a fair to, the motion to reconsider be laid Lance Corporal Pearson worked on deal for U.S. electric car exports. It’s upon the table, and any statements re- the front lines of battle, serving in the bad enough that the current Korean lated to the resolution be printed in most dangerous areas of Afghanistan. electric car tariff is more than three the RECORD. He is remembered by those who knew times the U.S. tariff. This agreement The PRESIDING OFFICER. Without him as a consummate professional with would lock in place for 10 years Korea’s objection, it is so ordered. an unending commitment to excel- electric car tariff advantage as it is The resolution (S. Res. 691) was lence. Friends and loved ones remem- phased out. Why in the world would we agreed to, as follows: ber Lance Corporal Pearson’s dedica- agree to that? S. RES. 691 tion to friends and family. He was al- It is as if you beat me up eight times SECTION 1. COLLECTION OF CLOTHING, TOYS, ways there when someone was in a a day and I beat you up two times a FOOD, AND HOUSEWARES DURING tight spot. His decision to serve influ- THE HOLIDAY SEASON FOR CHARI- day and you expect me to be happy TABLE PURPOSES IN SENATE BUILD- enced a close friend to join the Marines when you reduce that beating to seven INGS. as well. All remember his unwavering times per day—that is still not much of (a) IN GENERAL.—Notwithstanding any bravery. a deal for me. other provision of the rules or regulations of Mark Twain once said, ‘‘The fear of It is a stubborn thing this image the Senate— death follows from the fear of life. A some people have of free trade. It is (1) a Senator, officer, or employee of the man who lives fully is prepared to die like a blind faith belief that any trade Senate may collect from another Senator, at any time.’’ Lance Corporal Pear- officer, or employee of the Senate within agreement is automatically good for Senate buildings nonmonetary donations of son’s service was in keeping with this the United States. This seems to hold clothing, toys, food, and housewares for sentiment by selflessly putting country true no matter how many American charitable purposes related to serving those first, he lived life to the fullest. He jobs may have been lost as a result of in need or members of the Armed Services lived with a sense of the highest honor- unfair trading practices by our trading and their families during the holiday season, able purpose. partners and no matter how bad a deal if the charitable purposes do not otherwise At substantial personal risk, he a specific free trade agreement might violate any rule or regulation of the Senate braved the chaos of combat zones be for certain sectors in the United or of Federal law; and throughout Afghanistan. And though (2) a Senator, officer, or employee of the States. The response always seems to Senate may work with a nonprofit organiza- his fate on the battlefield was uncer- be the same for those that criticize an tion with respect to the delivery of dona- tain, he pushed forward, protecting unbalanced free trade agreement: they tions described in paragraph (1). America’s citizens, her safety, and the call the critics protectionists. (b) EXPIRATION.—The authority provided freedoms we hold dear. For his service The protectionism enmeshed in the by this resolution shall expire at the end of and the lives he touched, Lance Cor- U.S.-Korea trade relationship is protec- the 2nd session of the 111th Congress. poral Pearson will forever be remem- tionism by Korea. Until 1989 Korea did Mr. BROWN of Ohio. Mr. President, I bered as one of our country’s bravest. not even allow imported autos into its suggest the absence of a quorum. To Lance Corporal Pearson’s entire market. Once it did officially allow im- The PRESIDING OFFICER. The family—I cannot imagine the sorrow ported vehicles into its market, Korea clerk will call the roll. you must be feeling. I hope that, in found other, less visible ways of keep- The legislative clerk proceeded to time, the pain of your loss will be eased ing them out, including maintaining call the roll. by your pride in Brandon’s service and tariff and nontariff barriers, such as Mrs. HAGAN. Mr. President, I ask by your knowledge that his country discriminatory taxes based on engine unanimous consent the order for the will never forget him. We are humbled size, unique standards, inadequate reg- quorum call be rescinded. by his service and his sacrifice. ulatory transparency, and inadequate The PRESIDING OFFICER. Without f ability of stakeholders to provide input objection, it is so ordered. at an early stage into the development UNITED STATES-KOREA FREE f of regulations and standards. TRADE AGREEMENT When it comes to automotive trade HONORING OUR ARMED FORCES Mr. LEVIN. Mr. President, as our with Korea, the numbers tell the story. LANCE CORPORAL BRANDON W. PEARSON economy struggles to recover from the Korea has free unfettered access to the Mr. BENNET. Mr. President, it is worst recession since the Great Depres- U.S. market and we have extremely with a heavy heart that I rise today to sion, we must look at all ways to cre- limited access into Korea’s market.

VerDate Mar 15 2010 02:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.031 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8294 CONGRESSIONAL RECORD — SENATE November 30, 2010 Last year Korea shipped 476,833 autos remove them. This agreement does not ment. This case dealt with the mis- to the United States. And while Korea include such a mechanism to deal with management of Indian trust assets by relies on exports to support its domes- any new nontariff barriers, such as the U.S. Government. tic auto makers, Korea remains one of auto safety standards or emissions reg- In 1887 the Federal Government allot- the most closed auto markets in the ulations that Korea could introduce ted tribal lands to individual Indians in world. In a market of almost 1.5 mil- once the current draft agreement is en- parcels between 40 and 160 acres. The lion annual vehicle sales, the U.S. ex- tered into and approved by the Con- Department of Interior was supposed to ported just 5,878 autos to Korea last gress. hold these parcels in trust for a period year. And it’s not just American autos The agreement is strongly opposed of 25 years and then turn them over to that are being kept out. Vehicles made by Ford and Chrysler because the the individual Indians. The Depart- in Korea account for 94 percent of the agreement does not ensure that South ment of Interior has held these allot- Korean market—only 6 percent of vehi- Korea will not take measures to im- ments in trust until the present day. cles sold in Korea are imports. That is pede access of imported U.S. made cars. During the 123 years since 1887, these lower than every other developed coun- GM is neutral on the agreement be- lands have become highly fractionated try except Japan. In the U.S., over 41 cause it gained access to the Korea as successive generations of Indian percent of our auto market is made up market by buying Daewoo, not by ex- owners bequeathed the land to their of imports. In Germany that number is porting cars to Korea from the United children. 55 percent, in Mexico it is 57 percent, States. Today the Department of the Interior and in Spain, Canada and Italy it is Ensuring fair access to the Korean holds about 56 million acres of land in over 70 percent or higher. market would have an important im- trust for individual Indians. These 56 Korea’s protected automotive market pact on our auto industry’s drive to re- million acres generate approximately provides a huge source of profit and gain its competitive strength and $357 million annually in coal sales, tim- jobs for Korea and, in contrast, it is a health. We need to fight for American ber sales, oil and gas leases, and graz- huge source of trade deficits and job jobs, not let them go overseas as a re- ing leases. This $357 million is supposed loss for the United States. About 74 sult of poorly negotiated trade agree- to be dispersed to the over 230,000 Indi- percent of the $10.6 billion U.S. trade ments. We need to find a way to gain ans who have an interest in various deficit with South Korea is in auto- meaningful access to Korea’s auto mar- parcels. In the Cobell case, the plaintiffs motive trade. ket and so far this trade agreement has sought a historical accounting of what So to those who say we are protec- not achieved that goal. individuals were owed and the Depart- tionist when we complain about this, I f respond that we are not the protection- ment of Interior contended that it ists and we have not protected our CLAIMS RESOLUTION ACT OF 2010 could not provide such an accounting. This case has been going on for 14 automotive market. The nearly 500,000 Mr. BAUCUS. Mr. President, I rise years, leaving the plaintiffs without Korean-made vehicles that come into today regarding the Claims Resolution resolution of their claims and diverting the U.S. market each year validate this Act of 2010. It is a rare day in the Con- attention and resources away from point, as does our 2.5 percent auto tar- gress that we have an opportunity like other projects in Indian Country. On iff compared to Koreas 8 percent auto this to end, once and for all, decades- December 8, 2009, Secretary Salazar tariff and numerous non-tariff barriers old injustices and water related claims and the plaintiffs agreed to a $3.4 bil- that keep our vehicles out of Korea. against the government so that we can lion settlement. It is a testament to Despite efforts by the U.S. Govern- move forward together. I am proud ment for over a decade to open the Ko- both sides in this litigation that a fair that the House of Representatives agreement has been reached. rean auto market, Korea has success- passed the Claims Resolution Act, The Claims Resolution Act of 2010 fully kept its market closed. Auto-spe- which passed the Senate by unanimous provides the funding needed to imple- cific agreements negotiated in 1995 and consent on Friday, November 19. ment this settlement. I am proud of 1998 failed to make any progress in The Claims Resolution Act of 2010 in- the diligence and focus with which Elo- opening Korea’s automotive market. cludes the Cobell settlement, which ise Cobell pursued justice in this case. Although the previous agreements settles claims resulting from mis- I am proud that she is a Montanan, were intended to sweep away some of management of trust accounts of close proud of the result, and proud of the the most overt non-tariff barriers, to 300,000 American Indians. Congress for doing the right thing. Korea quickly replaced them. For in- It includes the Pigford settlement, I am just as proud of the action we stance, the year after the 1998 auto-spe- which settles discrimination claims by took with regard to the Crow Water cific agreement was signed committing black farmers against the USDA. Rights Settlement Act of 2010. The Korea to, ‘‘Not take any new measures It settles water related claims of Crow Tribe has a membership of ap- that directly or indirectly adversely af- tribes in Arizona, New Mexico, and proximately 12,000 people. About 7,900 fect market access for foreign pas- Montana. reside on the Crow Indian Reservation senger vehicles’’ Korea introduced The bill is fully offset. in Montana. It is the largest of Mon- three new and unique auto safety Each settlement in this package has tana’s seven reservations, comprising standards: front tow hook, headlamp, its own history—each compelling in its approximately 2.3 million acres. The and remote keyless entry. In the 3 own regard—that has brought us to current reservation was established by years after that, Korea introduced this day of resolution. I want to focus the Treaty of Fort Laramie with the seven more auto safety and emissions in particular on the Cobell settlement United States dated May 7, 1868. At the regulations. And in the 4 years after and the Crow Water Compact, which time of its establishment, the reserva- that, Korea introduced another seven, are both so important to Montana. tion comprised nearly 5.9 million acres and the list continues. Our protests Tribal members comprise over 6 per- in both Wyoming and Montana. How- were for naught. cent of Montana’spopulation. American ever, over time the reservation was re- Any trade agreement with South Indians live in every county in Mon- duced by nearly 3.6 million acres. The Korea should level the playing field for tana, and our State has several coun- last cession of Crow land, in 1904, in- U.S. auto exports. Unfortunately, the ties where more than half of the popu- cluded what came to be known as the pending agreement, reached more than lation is comprised of tribal members. Ceded Strip, 1 million acres on the 3 years ago but now being renegotiated, Nine percent of Montana’s land base is north side of the reservation. leaves South Korea with the effective located within the boundaries of our There are a number of large streams ability to use rules and regulations to State’s seven Indian Reservations. that flow through the Crow Indian Res- continue limiting automotive imports The Cobell settlement resolves the ervation, including the Bighorn River into the Korean marketplace. Korea class-action lawsuit brought by Native and its tributaries, one of which is the has used such rules and regulations be- American representatives and lead Little Bighorn River. Another signifi- fore to discriminate against imported plaintiff Elouise Cobell, a member of cant stream on the western portion of vehicles and they will be used again the Blackfeet Tribe in northwestern the Crow Indian Reservation is Pryor unless we have a strong mechanism to Montana, against the U.S. Govern- Creek and its tributaries.

VerDate Mar 15 2010 02:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G30NO6.058 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8295 The Crow Tribe Water Rights Settle- express my appreciation to Ian Lowe ADDITIONAL STATEMENTS ment Act of 2010 ratifies the Crow-Mon- for his hard work as an intern in my tana Water Rights Compact, which was Washington, DC, office. I recognize his adopted by the Montana State Legisla- efforts and contributions to my office TRIBUTE TO JOHN P. COLLIER ture in 1999. It establishes tribal water as well as to the State of Wyoming. ∑ Mrs. SHAHEEN. Mr. President, today rights and settles claims against the Ian is a native of Wyoming and grad- I congratulate Professor John Collier government. The bill provides for fund- uated from Campbell County High for being recognized as the 2010 New ing that will be used to more fully de- School. He graduated from the Univer- Hampshire Professor of the Year. This velop tribal water resources. This sity of Wyoming, where he majored in prestigious award recognizes Professor water compact was endorsed by the ad- international studies and environment. Collier’s extraordinary dedication to ministration—one of the first to re- Throughout his internship, he has dem- undergraduate teaching and his posi- ceive this level of consensus and sup- onstrated a strong work ethic which tive influence on the lives and careers port. has made him an invaluable asset to of his students. I commend the tribe and the adminis- our office. The quality of his work is Professor Collier is the Myron Tribus tration, particularly Chairman Cedric reflected in his great efforts over the Professor of Engineering at Dart- Black Eagle and the Commissioner of last several months. mouth, and has been teaching the in- I want to thank Ian for the dedica- the Bureau of Reclamation, Mike Con- troductory engineering course at Dart- tion he has shown while working for nor, and their respective teams for mouth’s Thayer School of Engineering me and my staff. It was a pleasure to their hard work on this. I also want to since the 1980s. His course is extremely have him as part of our team. I know thank the Senate Indian Affairs Com- popular among students because of its he will have continued success with all mittee, Chairman DORGAN and Ranking emphasis on practical, hands-on skills of his future endeavors. I wish him all Member BARASSO, for their work reach- and problem solving. With Professor my best on his next journey. ing consensus. Finally, I want to thank Collier’s expert guidance, students in my colleague from Montana, Senator f his introductory engineering course JON TESTER, who has worked so hard to TRIBUTE TO ROBERT DALEY work in teams to solve real-world engi- push this through the Senate. Mr. BARRASSO. Mr. President, I neering problems in creative ways. This was truly a bi-partisan effort would like to take the opportunity to Many former students of Professor Col- with cooperation here in the Senate express my appreciation to Robert lier’s note that the system of thinking from Senator BINGAMAN, Senator KYL, Daley for his hard work as an intern in they learned in his classes proved to be Senator DORGAN, and Senator GRASS- my Washington, DC, office. I recognize not only a cornerstone of their under- LEY, all of whom worked together and his efforts and contributions to my of- graduate educations but also their cho- compromised so that we could come to- fice as well as to the State of Wyo- sen professions. gether today and do the right thing. ming. Professor Collier is an expert on or- With the House passage of this bill, Robert is a native of Pennsylvania thopedic implant design and engineer- we are settling decades-old injustices and graduated from Governor Mifflin ing, and one of the world’s foremost re- and claims against the government. We Public High School. He graduated from searchers on how and why implants are bringing our Nation closer to- American University, where he ma- fail. Failed implants are sent to his lab gether. I am proud to stand here today, jored in political science. Throughout by the thousands, and his research is having been a part of making this hap- his internship, he has demonstrated a often used by implant manufacturers pen, and I look forward to the day that strong work ethic which has made him to improve the quality of their prod- we see President Obama’s signature on an invaluable asset to our office. The ucts. this bill. quality of his work is reflected in his The U.S. Professors of the Year pro- f great efforts over the last several gram acknowledges the most excep- TRIBUTE TO GREYSON months. tional undergraduate instructors in the BUCKINGHAM I want to thank Robert for the dedi- country—those who stand out in their cation he has shown while working for teaching and are a positive influence Mr. BARRASSO. Mr. President, I me and my staff. It was a pleasure to on the lives and careers of their stu- would like to take the opportunity to have him as part of our team. I know dents. It is important that we recog- express my appreciation to Greyson he will have continued success with all nize the contributions that dedicated Buckingham for his hard work as an of his future endeavors. I wish him all professors like John Collier make in intern in my Washington, DC, office. I my best on his next journey. educating young people. I am ex- recognize his efforts and contributions f tremely proud that Professor Collier to my office as well as to the State of TRIBUTE TO MAX WEISS has been recognized with this distin- Wyoming. guished honor.∑ Greyson is a native of Wyoming and Mr. BARRASSO. Mr. President, I graduated from Jackson Hole High would like to take the opportunity to f School. He currently attends George- express my appreciation to Max Weiss TRANSMITTING NOTIFICATION OF town University, where he is majoring for his hard work as an intern in my THE IMPLEMENTATION OF AN in history and government and Rock Springs office. I recognize his ef- ALTERNATIVE PAY PLAN FOR minoring in Spanish and philosophy. forts and contributions to my office as LOCALITY PAY INCREASES FOR Throughout his internship, he has dem- well as to the State of Wyoming. CIVILIAN FEDERAL EMPLOYEES onstrated a strong work ethic which Max is a native of Wyoming and COVERED BY THE GENERAL has made him an invaluable asset to graduated from Rock Springs High SCHEDULE AND CERTAIN OTHER our office. The quality of his work is School. He attended Leiden University PAY SYSTEMS IN JANUARY 2011— reflected in his great efforts over the where he received his master’s of clin- PM 68 ical psychology. Throughout his in- last several months. The PRESIDING OFFICER laid be- ternship, he has demonstrated a strong I want to thank Greyson for the dedi- fore the Senate the following message work ethic which has made him an in- cation he has shown while working for from the President of the United valuable asset to our office. The qual- me and my staff. It was a pleasure to States, together with an accompanying ity of his work is reflected in his great have him as part of our team. I know report; which was referred to the Com- he will have continued success with all efforts over the last several months. I want to thank Max for the dedica- mittee on Homeland Security and Gov- of his future endeavors. I wish him all ernmental Affairs: my best on his next journey. tion he has shown while working for f me and my staff. It was a pleasure to To the Congress of the United States: have him as part of our team. I know The law authorizes me to implement TRIBUTE TO IAN LOWE he will have continued success with all an alternative pay plan for locality pay Mr. BARRASSO. Mr. President, I of his future endeavors. I wish him all increases for civilian Federal employ- would like to take the opportunity to my best on his next journey. ees covered by the General Schedule

VerDate Mar 15 2010 02:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.038 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8296 CONGRESSIONAL RECORD — SENATE November 30, 2010 and certain other pay systems in Janu- S. 3985. A bill to amend the Internal Rev- space; Brunswick, ME; and Establishment of ary 2011, if I view the adjustments that enue Code of 1986 to extend certain expiring Class E Airspace; Wiscasset, ME’’ ((RIN2120– would otherwise take effect as inappro- provisions, and for other purposes. AA66)(Docket No. FAA–2010–0248)) received f during adjournment of the Senate in the Of- priate due to ‘‘national emergency or fice of the President of the Senate on No- serious economic conditions affecting ENROLLED BILL PRESENTED vember 22, 2010; to the Committee on Com- the general welfare.’’ Our country faces merce, Science, and Transportation. serious economic conditions affecting The Secretary of the Senate reported EC–8206. A communication from the Senior the general welfare. As the economic that on today, November 30, 2010, she Program Analyst, Federal Aviation Adminis- recovery continues, the time has come had presented to the President of the tration, Department of Transportation, transmitting, pursuant to law, the report of to put our Nation back on a sustain- United States the following enrolled bill: a rule entitled ‘‘Airworthiness Directives; able fiscal course, an effort that re- Eurocopter France Model AS350 B, BA, B1, S. 3689. An act to clarify, improve, and cor- quires tough choices and shared sac- B2, B3, and D, and Model AS355 E, F, F1, F2, rect the laws relating to copyrights, and for rifice. Accordingly, I have determined and N Helicopters’’ ((RIN2120–AA64)(Docket other purposes. that it is appropriate to exercise my No. FAA–2010–0611)) received during adjourn- statutory alternative plan authority f ment of the Senate in the Office of the Presi- under 5 U.S.C. 5304a to set alternative EXECUTIVE AND OTHER dent of the Senate on November 22, 2010; to the Committee on Commerce, Science, and January 2011 locality pay rates. This COMMUNICATIONS Transportation. decision will not materially affect our The following communications were EC–8207. A communication from the Senior ability to attract and retain a well- laid before the Senate, together with Program Analyst, Federal Aviation Adminis- qualified Federal workforce. tration, Department of Transportation, accompanying papers, reports, and doc- transmitting, pursuant to law, the report of Under the authority of section 5304a uments, and were referred as indicated: of title 5, United States Code, I have a rule entitled ‘‘Amendment of Class E Air- EC–8200. A communication from the Acting space; Jeannette, PA’’ ((RIN2120– determined that the current locality Director of Sustainable Fisheries, National AA66)(Docket No. FAA–2010–0052)) received pay percentages in Schedule 9 of Exec- Marine Fisheries Service, Department of during adjournment of the Senate in the Of- utive Order 13525 of December 23, 2009, Commerce, transmitting, pursuant to law, fice of the President of the Senate on No- shall not increase from their 2010 lev- the report of a rule entitled ‘‘Fisheries of the vember 22, 2010; to the Committee on Com- els. Pursuant to the Non-Foreign Area Exclusive Economic Zone Off Alaska; Pol- merce, Science, and Transportation. Retirement Equity Assurance Act of lock in Statistical Area 620 in the Gulf of EC–8208. A communication from the Dep- Alaska’’ (RIN0648–XZ54) received during ad- uty Chief Financial Officer, Department of 2009 (sections 1911–1919, Public Law 111– Homeland Security, transmitting, pursuant 84), I am also establishing applicable journment of the Senate in the Office of the President of the Senate on November 22, to law, a report relative to the transfer of 2011 locality pay rates for Alaska and 2010; to the Committee on Commerce, funds from the Oil Spill Liability Trust Fund Hawaii that are based on 2010 locality Science, and Transportation. to the Emergency Fund, which is adminis- pay levels. EC–8201. A communication from the Acting tered by the United States Coast Guard; to The locality pay rates established in Director of Sustainable Fisheries, National the Committee on Commerce, Science, and Transportation. Marine Fisheries Service, Department of 2010, and continued in 2011 under this EC–8209. A communication from the Ad- alternative plan, are shown in the at- Commerce, transmitting, pursuant to law, ministrator, Research and Innovative Tech- tachment. the report of a rule entitled ‘‘Fisheries of the nology Administration, Department of Exclusive Economic Zone Off Alaska; Pol- BARACK OBAMA. Transportation, transmitting, pursuant to lock in Statistical Area 610 of the Gulf of THE WHITE HOUSE, November 30, 2010. law, a report entitled ‘‘Transportation Sta- Alaska’’ (RIN0648–XZ81) received during ad- tistics Annual Report 2009’’; to the Com- f journment of the Senate in the Office of the mittee on Commerce, Science, and Transpor- President of the Senate on November 22, MESSAGE FROM THE HOUSE tation. 2010; to the Committee on Commerce, EC–8210. A communication from the Sec- At 11:38 a.m., a message from the Science, and Transportation. retary of Transportation, transmitting, pur- House of Representatives, delivered by EC–8202. A communication from the Dep- suant to law, the Department of Transpor- Mr. Novotny, one of its reading clerks, uty Assistant Administrator for Regulatory tation’s fiscal year 2010 annual financial re- announced that the House has passed Programs, Office of Protected Resources, De- port; to the Committee on Commerce, partment of Commerce, transmitting, pursu- Science, and Transportation. the following bills, in which it requests ant to law, the report of a rule entitled ‘‘List EC–8211. A communication from the Acting the concurrence of the Senate: of Fisheries for 2011’’ (RIN0648–AY69) re- Administrator of the Livestock and Seed H.R. 5877. An act to designate the facility ceived in the Office of the President of the Programs, Agricultural Marketing Service, of the United States Postal Service located Senate on November 17, 2010; to the Com- Department of Agriculture, transmitting, at 655 Centre Street in Jamaica Plain, Mas- mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled sachusetts, as the ‘‘Lance Corporal Alex- tation. ‘‘Sorghum Promotion and Research Pro- ander Scott Arredondo, United States Ma- EC–8203. A communication from the Acting gram: Procedures for the Conduct of rine Corps Post Office Building’’. Director of Sustainable Fisheries, National Referenda’’ (Docket No. AMS–LS–10–0003) re- H.R. 6392. An act to designate the facility Marine Fisheries Service, Department of ceived in the Office of the President of the of the United States Postal Service located Commerce, transmitting, pursuant to law, Senate on November 29, 2010; to the Com- at 5003 Westfields Boulevard in Centreville, the report of a rule entitled ‘‘Fisheries of the mittee on Agriculture, Nutrition, and For- Virginia, as the ‘‘Colonel George Juskalian Northeastern United States; Northeast estry. Post Office Building’’. Multispecies Fishery; Correction to Cod EC–8212. A communication from the Ad- ministrator of the Fruit and Vegetable Pro- Landing Limit for Handgear A Vessels in the f grams, Agricultural Marketing Service, De- Common Pool Fishery’’ (RIN0648–XZ44) re- partment of Agriculture, transmitting, pur- ceived during adjournment of the Senate in MEASURES REFERRED suant to law, the report of a rule entitled the Office of the President of the Senate on The following bill was read the first ‘‘Pistachios Grown in California, Arizona, November 22, 2010; to the Committee on and New Mexico; Modification of the and the second times by unanimous Commerce, Science, and Transportation. consent, and referred as indicated: Aflatoxin Regulations’’ (Docket No. AMS– EC–8204. A communication from the Senior FV–10–0031; FV10–983–1 FIR) received during H.R. 5877. An act to designate the facility Program Analyst, Federal Aviation Adminis- adjournment of the Senate in the Office of of the United States Postal Service located tration, Department of Transportation, the President of the Senate on November 29, at 655 Centre Street in Jamaica Plain, Mas- transmitting, pursuant to law, the report of 2010; to the Committee on Agriculture, Nu- sachusetts, as the ‘‘Lance Corporal Alex- a rule entitled ‘‘Revocation and Establish- trition, and Forestry. ander Scott Arredondo, United States Ma- ment of Class E Airspace; St. George, UT’’ EC–8213. A communication from the Ad- rine Corps Post Office Building’’; to the Com- ((RIN2120–AA66)(Docket No. FAA–2010–0660)) ministrator of the Fruit and Vegetable Pro- mittee on Homeland Security and Govern- received during adjournment of the Senate grams, Agricultural Marketing Service, De- mental Affairs. in the Office of the President of the Senate partment of Agriculture, transmitting, pur- on November 22, 2010; to the Committee on suant to law, the report of a rule entitled f Commerce, Science, and Transportation. ‘‘Popcorn Promotion, Research, and Con- MEASURES PLACED ON THE EC–8205. A communication from the Senior sumer Information Order; Reapportionment’’ CALENDAR Program Analyst, Federal Aviation Adminis- (Docket No. AMS–FV–10–0010) received in the tration, Department of Transportation, Office of the President of the Senate on No- The following bill was read the sec- transmitting, pursuant to law, the report of vember 29, 2010; to the Committee on Agri- ond time, and placed on the calendar: a rule entitled ‘‘Revocation of Class E Air- culture, Nutrition, and Forestry.

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.042 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8297 EC–8214. A communication from the Ad- stabilization of Iraq that was declared in Ex- ment of State, transmitting, pursuant to ministrator of the Fruit and Vegetable Pro- ecutive Order 13303 of May 22, 2003; to the law, status reports relative to Iraq for the grams, Agricultural Marketing Service, De- Committee on Banking, Housing, and Urban period of June 16, 2010 through August 18, partment of Agriculture, transmitting, pur- Affairs. 2010; to the Committee on Foreign Relations. suant to law, the report of a rule entitled EC–8223. A communication from the Chief EC–8233. A communication from the Finan- ‘‘Domestic Dates Produced or Packed in Riv- of the Publications and Regulations Branch, cial Assistance Program Manager, Office of erside County, CA; Increased Assessment Internal Revenue Service, Department of the Acquisition and Property Management, De- Rate’’ (Docket No. AMS–FV–10–0059; FV10– Treasury, transmitting, pursuant to law, the partment of the Interior, transmitting, pur- 987–2 FR) received in the Office of the Presi- report of a rule entitled ‘‘Modification of suant to law, the report of a rule entitled dent of the Senate on November 29, 2010; to Section 833 Treatment of Certain Health Or- ‘‘Department of the Interior Implementation the Committee on Agriculture, Nutrition, ganizations’’ (Notice 2010–79) received in the of OMB Guidance on Drug-Free Workplace and Forestry. Office of the President of the Senate on No- Requirements (Financial Assistance)’’ EC–8215. A communication from the Ad- vember 29, 2010; to the Committee on Fi- (RIN1093–AA12) received in the Office of the ministrator of the Fruit and Vegetable Pro- nance. President of the Senate on November 29, grams, Agricultural Marketing Service, De- EC–8224. A communication from the Chief 2010; to the Committee on Health, Education, partment of Agriculture, transmitting, pur- of the Publications and Regulations Branch, Labor, and Pensions. suant to law, the report of a rule entitled Internal Revenue Service, Department of the EC–8234. A communication from the Chair- ‘‘Dried Prunes Produced in California; In- Treasury, transmitting, pursuant to law, the man of the Council of the District of Colum- creased Assessment Rate’’ (Docket No. AMS– report of a rule entitled ‘‘Applicable Federal bia, transmitting, pursuant to law, a report FV–10–0007; FV10–993–1 FR) received in the Rates—December 2010’’ (Rev. Rul. 2010–29) re- on D.C. Act 18–564 ‘‘Randall School Disposi- Office of the President of the Senate on No- ceived in the Office of the President of the tion Restatement Temporary Act of 2010’’; to vember 29, 2010; to the Committee on Agri- Senate on November 29, 2010; to the Com- the Committee on Homeland Security and culture, Nutrition, and Forestry. mittee on Finance. Governmental Affairs. EC–8216. A communication from the Ad- EC–8225. A communication from the Chief EC–8235. A communication from the Chair- ministrator of the Fruit and Vegetable Pro- of the Publications and Regulations Branch, man of the Council of the District of Colum- grams, Agricultural Marketing Service, De- Internal Revenue Service, Department of the bia, transmitting, pursuant to law, a report partment of Agriculture, transmitting, pur- Treasury, transmitting, pursuant to law, the on D.C. Act 18–565 ‘‘Office of Cable Television suant to law, the report of a rule entitled report of a rule entitled ‘‘Amendment to Property Acquisition and Special Purpose ‘‘Kiwifruit Grown in California; Changes to Rules Relating to Status as a Grandfathered Revenue Reprogramming Temporary Act of District Boundaries’’ (Docket No. AMS–FV– Health Plan under PPACA’’ ((RIN1545– 2010’’; to the Committee on Homeland Secu- 08–0085; FV08–920–3 FIR) received in the Of- BJ91)(TD 9506)) received in the Office of the rity and Governmental Affairs. President of the Senate on November 29, fice of the President of the Senate on No- EC–8236. A communication from the Chair- 2010; to the Committee on Finance. vember 29, 2010; to the Committee on Agri- man of the Council of the District of Colum- EC–8226. A communication from the Chief bia, transmitting, pursuant to law, a report culture, Nutrition, and Forestry. of the Publications and Regulations Branch, EC–8217. A communication from the Sec- on D.C. Act 18–566 ‘‘Automated Traffic En- Internal Revenue Service, Department of the retary, Securities and Exchange Commis- forcement Fund Temporary Amendment Act Treasury, transmitting, pursuant to law, the sion, transmitting, pursuant to law, the re- of 2010’’; to the Committee on Homeland Se- report of a rule entitled ‘‘Tier II Issue— port of a rule entitled ‘‘Extension of Tem- curity and Governmental Affairs. Interchange and Merchant Discount Fees— porary Exemptions for Eligible Credit De- EC–8237. A communication from the Chair- Directive No. 2’’ (LBandI–4–1110–030) received fault Swaps to Facilitate Operation of Cen- man of the Council of the District of Colum- in the Office of the President of the Senate tral Counterparties to Clear and Settle Cred- bia, transmitting, pursuant to law, a report on November 29, 2010; to the Committee on on D.C. Act 18–567 ‘‘University of the District it Default Swaps’’ (RIN3235–AK26) received in Finance. the Office of the President of the Senate on EC–8227. A communication from the Chief of Columbia Board of Trustees Quorum and November 29, 2010; to the Committee on of the Publications and Regulations Branch, Contracting Reform Temporary Amendment Banking, Housing, and Urban Affairs. Internal Revenue Service, Department of the Act of 2010’’; to the Committee on Homeland EC–8218. A communication from the Chief Treasury, transmitting, pursuant to law, the Security and Governmental Affairs. Counsel, Federal Emergency Management report of a rule entitled ‘‘Build America EC–8238. A communication from the Chair- Agency, Department of Homeland Security, Bonds and Other State and Local Bonds: man of the Council of the District of Colum- transmitting, pursuant to law, the report of Timing of Issuing Bonds’’ (Notice 2010-81) re- bia, transmitting, pursuant to law, a report a rule entitled ‘‘Suspension of Community ceived in the Office of the President of the on D.C. Act 18–568 ‘‘Budget Support Act Clar- Eligibility’’ ((44 CFR Part 64)(Internal Agen- Senate on November 29, 2010; to the Com- ification and Technical Amendment Tem- cy Docket No. FEMA–8157)) received in the mittee on Finance. porary Amendment Act of 2010’’; to the Com- Office of the President of the Senate on No- EC–8228. A communication from the Direc- mittee on Homeland Security and Govern- vember 29, 2010; to the Committee on Bank- tor, Office of Surface Mining, Department of mental Affairs. ing, Housing, and Urban Affairs. the Interior, transmitting, pursuant to law, EC–8239. A communication from the Chair- EC–8219. A communication from the Chief the report of a rule entitled ‘‘Ohio Regu- man of the Council of the District of Colum- Counsel, Federal Emergency Management latory Program’’ (Docket No. OH–253–FOR) bia, transmitting, pursuant to law, a report Agency, Department of Homeland Security, received in the Office of the President of the on D.C. Act 18–594 ‘‘Expanding Access to Ju- transmitting, pursuant to law, the report of Senate on November 29, 2010; to the Com- venile Records Amendment Act of 2010’’; to a rule entitled ‘‘Suspension of Community mittee on Energy and Natural Resources. the Committee on Homeland Security and Eligibility’’ ((44 CFR Part 64)(Internal Agen- EC–8229. A communication from the Assist- Governmental Affairs. cy Docket No. FEMA–8159)) received in the ant Secretary for Legislative Affairs, De- EC–8240. A communication from the Dep- Office of the President of the Senate on No- partment of State, transmitting, pursuant to uty Archivist, National Archives and vember 29, 2010; to the Committee on Bank- law , a report prepared by the Department of Records Administration, transmitting, pur- ing, Housing, and Urban Affairs. State on progress toward a negotiated solu- suant to law, the report of a rule entitled EC–8220. A communication from the Legal tion of the Cyprus question covering the pe- ‘‘Changes to National Archives and Records’ Information Assistant, Office of Thrift Su- riods August 1, 2010 through September 30, Administration Hours of Operations’’ pervision, Department of the Treasury, 2010; to the Committee on Foreign Relations. (RIN3095–AB68) received in the Office of the transmitting, pursuant to law, the report of EC–8230. A communication from the Assist- President of the Senate on November 29, a rule entitled ‘‘Community Reinvestment ant Secretary, Legislative Affairs, Depart- 2010; to the Committee on Homeland Secu- Act’’ (RIN1550–AC35) received in the Office of ment of State, transmitting, pursuant to rity and Governmental Affairs. the President of the Senate on November 29, law, a report relative to the proposed trans- EC–8241. A communication from the Chair- 2010; to the Committee on Banking, Housing, fer of major defense equipment (235 various man of the Railroad Retirement Board, and Urban Affairs. M113 series vehicles) from the Government of transmitting, pursuant to law, the Semi-An- EC–8221. A communication from the Direc- Jordan to the government of Pakistan with nual Report of the Inspector General for the tor, Financial Crimes Enforcement Network, an original acquisition cost of $14,000,000; to period from April 1, 2010 through September Department of the Treasury, transmitting, the Committee on Foreign Relations. 30, 2010; to the Committee on Homeland Se- pursuant to law, the report of a rule entitled EC–8231. A communication from the Assist- curity and Governmental Affairs. ‘‘Financial Crimes Enforcement Network; ant Secretary, Legislative Affairs, Depart- EC–8242. A communication from the Fed- Confidentiality of Suspicious Activity Re- ment of State, transmitting, pursuant to eral Co-Chair, Appalachian Regional Com- ports’’ (RIN1506–AA99) received in the Office law, a report relative to the proposed trans- mission, transmitting, pursuant to law, the of the President of the Senate on November fer of major defense equipment from the Semiannual Report of the Inspector General 29, 2010; to the Committee on Banking, Hous- Government of Jordan to the government of for the period from April 1, 2010 through Sep- ing, and Urban Affairs. Pakistan with an original acquisition cost of tember 30, 2010; to the Committee on Home- EC–8222. A communication from the Sec- $14,000,000; to the Committee on Foreign Re- land Security and Governmental Affairs. retary of the Treasury, transmitting, pursu- lations. EC–8243. A communication from the Gen- ant to law, a six-month periodic report on EC–8232. A communication from the Assist- eral Counsel, Government and Account- the national emergency with respect to the ant Secretary, Legislative Affairs, Depart- ability Office, transmitting, pursuant to law,

VerDate Mar 15 2010 04:38 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.048 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8298 CONGRESSIONAL RECORD — SENATE November 30, 2010 a report relative to the number of federal INTRODUCTION OF BILLS AND S. 372 agencies that did not fully implement a rec- JOINT RESOLUTIONS At the request of Mr. AKAKA, the ommendation made by the Office in response name of the Senator from Montana to a bid protest during fiscal year 2010; to the The following bills and joint resolu- (Mr. TESTER) was added as a cosponsor Committee on Homeland Security and Gov- tions were introduced, read the first ernmental Affairs. and second times by unanimous con- of S. 372, a bill to amend chapter 23 of EC–8244. A communication from the Sec- sent, and referred as indicated: title 5, United States Code, to clarify the disclosures of information pro- retary of Education, transmitting, pursuant By Mrs. GILLIBRAND (for herself, Mr. to law, a report entitled ‘‘Fiscal Year 2010 tected from prohibited personnel prac- CASEY, Mr. SANDERS, Mr. HARKIN, Ms. Agency Financial Report’’; to the Committee STABENOW, Mr. SPECTER, Mr. BROWN tices, require a statement in nondisclo- on Homeland Security and Governmental Af- of Ohio, Mr. CARPER, Mr. LAUTEN- sure policies, forms, and agreements fairs. BERG, and Mr. SCHUMER): that such policies, forms, and agree- EC–8245. A communication from the Under S. 3986. A bill to amend the Department of ments conform with certain disclosure Secretary of Commerce for Intellectual Agriculture Reorganization Act of 1994 to es- protections, provide certain authority Property and Director of the United States tablish in the Department of Agriculture a Patent and Trademark Office (USPTO), for the Special Counsel, and for other Healthy Food Financing Initiative; to the purposes. transmitting, pursuant to law, the USPTO’s Committee on Agriculture, Nutrition, and 2010–2015 Strategic Plan; to the Committee Forestry. S. 2736 on the Judiciary. By Mr. THUNE (for himself and Mr. At the request of Mr. FRANKEN, the f BEGICH): name of the Senator from Vermont REPORTS OF COMMITTEES S. 3987. A bill to amend the Fair Credit Re- (Mr. SANDERS) was added as a cospon- porting Act with respect to the applicability sor of S. 2736, a bill to reduce the rape The following reports of committees of identity theft guidelines to creditors; con- kit backlog and for other purposes. were submitted: sidered and passed. S. 3221 By Mr. ROCKEFELLER, from the Com- By Mr. KIRK: S. 3988. A bill to establish the Grace Com- At the request of Mr. KOHL, the name mittee on Commerce, Science, and Transpor- of the Senator from North Dakota (Mr. tation, with an amendment in the nature of mission II to review and make recommenda- a substitute: tions regarding cost control in the Federal CONRAD) was added as a cosponsor of S. S. 1938. A bill to establish a program to re- Government, and for other purposes; to the 3221, a bill to amend the Farm Security duce injuries and deaths caused by cellphone Committee on Homeland Security and Gov- and Rural Investment Act of 2002 to ex- use and texting while driving (Rept. No. 111— ernmental Affairs. tend the suspension of limitation on 355). By Mr. WYDEN (for himself, Mr. SES- the period for which certain borrowers SIONS, Mrs. MCCASKILL, and Mr. By Mrs. BOXER, from the Committee on are eligible for guaranteed assistance. Environment and Public Works, without THUNE): S. 3260 amendment: S. 3989. A bill to amend the Internal Rev- H.R. 4387. A bill to designate the Federal enue Code of 1986 to allow an offset against At the request of Mr. HARKIN, the building located at 100 North Palafox Street income tax refunds to pay for restitution and name of the Senator from Vermont in Pensacola, Florida, as the ‘‘Winston E. other State judicial debts that are past-due; (Mr. LEAHY) was added as a cosponsor Arnow Federal Building’’. to the Committee on Finance. of S. 3260, a bill to enhance and further H.R. 5651. A bill to designate the Federal By Mr. BROWN of Massachusetts: research into the prevention and treat- building and United States courthouse lo- S. 3990. A bill to extend emergency unem- ployment benefits without adding to the ment of eating disorders, to improve cated at 515 9th Street in Rapid City, South access to treatment of eating disorders, Dakota, as the ‘‘Andrew W. Bogue Federal Federal budget deficit, and for other pur- Building and United States Courthouse’’. poses; to the Committee on Finance. and for other purposes. H.R. 5706. To designate the building occu- By Mr. REID: S. 3437 pied by the Government Printing Office lo- S. 3991. A bill to provide collective bar- At the request of Mrs. LINCOLN, the cated at 31451 East United Avenue in Pueblo, gaining rights for public safety officers em- name of the Senator from New Jersey ployed by States or their political subdivi- Colorado, as the ‘‘Frank Evans Government (Mr. LAUTENBERG) was added as a co- Printing Office Building’’. sions; read the first time. By Mr. DURBIN: sponsor of S. 3437, a bill to amend the H.R. 5773. To designate the Federal build- Child Abuse Prevention and Treatment ing located at 6401 Security Boulevard in S. 3992. A bill to authorize the cancellation Baltimore, Maryland, commonly known as of removal and adjustment of status of cer- Act to establish grant programs for the the Social Security Administration Oper- tain alien students who are long-term United development and implementation of ations Building, as the ‘‘Robert M. Ball Fed- States residents and who entered the United model undergraduate and graduate cur- eral Building’’. States as children and for other purposes; ricula on child abuse and neglect at in- By Mr. DODD, from the Committee on read the first time. stitutions of higher education through- Banking, Housing, and Urban Affairs, with f out the United States and to assist an amendment in the nature of a substitute: SUBMISSION OF CONCURRENT AND States in developing forensic interview S. 118. A bill to amend section 202 of the training programs, to establish re- Housing Act of 1959, to improve the program SENATE RESOLUTIONS under such section for supportive housing for The following concurrent resolutions gional training centers and other re- the elderly, and for other purposes. and Senate resolutions were read, and sources for State and local child pro- tection professionals, and for other f referred (or acted upon), as indicated: purposes. By Mrs. MCCASKILL (for herself and EXECUTIVE REPORTS OF S. 3572 COMMITTEES Mr. BOND): S. Res. 690. A resolution commemorating At the request of Mrs. LINCOLN, the The following executive reports of the 175th anniversary of the birth of Mark names of the Senator from North Caro- nominations were submitted: Twain; considered and agreed to. lina (Mr. BURR), the Senator from Ten- By Mrs. BOXER for the Committee on En- By Mr. REID (for himself and Mr. nessee (Mr. ALEXANDER) and the Sen- vironment and Public Works. MCCONNELL): ator from Idaho (Mr. CRAPO) were *Samuel Epstein Angel, of Arkansas, to be S. Res. 691. A resolution to permit the col- added as cosponsors of S. 3572, a bill to a Member of the Mississippi River Commis- lection of clothing, toys, food, and housewares during the holiday season for require the Secretary of the Treasury sion for a term of nine years. to mint coins in commemoration of the By Mr. LIEBERMAN for the Committee on charitable purposes in Senate buildings; con- Homeland Security and Governmental Af- sidered and agreed to. 225th anniversary of the establishment fairs. f of the Nation’s first law enforcement *Eugene Louis Dodaro, of Virginia, to be agency, the United States Marshals Comptroller General of the United States for ADDITIONAL COSPONSORS Service. a term of fifteen years. S. 332 S. 3626 *Nomination was reported with rec- At the request of Mrs. FEINSTEIN, the At the request of Mr. FRANKEN, the ommendation that it be confirmed sub- name of the Senator from Virginia (Mr. name of the Senator from Washington ject to the nominee’s commitment to WEBB) was added as a cosponsor of S. (Ms. CANTWELL) was added as a cospon- respond to requests to appear and tes- 332, a bill to establish a comprehensive sor of S. 3626, a bill to encourage the tify before any duly constituted com- interagency response to reduce lung implementation of thermal energy in- mittee of the Senate. cancer mortality in a timely manner. frastructure, and for other purposes.

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.049 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8299 S. 3737 debts that are past-due; to the Com- court, government, law enforcement, At the request of Mr. BARRASSO, his mittee on Finance. and crime victims organizations. The name was added as a cosponsor of S. Mr. WYDEN. Mr. President, today, bill is supported by the National Cen- 3737, a bill to amend the Public Health along with my colleagues Senators ter for Victims of Crime, the National Service Act and title XVIII of the So- SESSIONS, MCCASKILL, and THUNE, I am District Attorneys Association, the cial Security Act to make the provi- introducing a bill to help crime victims American Probation and Parole Asso- sion of technical services for medical and state courts recover the restitu- ciation, the Conference of Chief Jus- imaging examinations and radiation tion and fees that are owed to them. tices, the Conference of State Court therapy treatments safer, more accu- This bipartisan bill would accomplish Administrators, the National Associa- rate, and less costly. this worthy goal by intercepting tax tion for Court Managers, the National S. 3819 refunds of deadbeat debtors who’ve Conference of State Legislatures, the At the request of Mrs. LINCOLN, the failed to pay restitution or court fees. National Association of Counties, and name of the Senator from Oregon (Mr. If enacted, this bill would essentially the Government Finance Officers Asso- WYDEN) was added as a cosponsor of S. allow state courts to cross-reference ciation. 3819, a bill to amend the Internal Rev- outstanding debts with the IRS and use I urge all colleagues to support this enue Code of 1986 to reduce the mileage existing procedures to withhold tax re- bipartisan legislation. threshold for the deduction for Na- funds in order to satisfy past due debts. This bill would not only deliver jus- tional Guard and Reservists overnight By Mr. REID: travel expenses. tice to crime victims who are owed res- titution, but would also provide much- S. 3991. A bill to provide collective S. 3981 needed resources to help keep court bargaining rights for public safety offi- At the request of Mr. BAUCUS, the rooms open and court programs oper- cers employed by States or their polit- names of the Senator from New York ating. At a time when our State and ical subdivisions; read the first time. (Mrs. GILLIBRAND) and the Senator local governments are struggling to Mr. REID. Mr. President, I ask unan- from Oregon (Mr. MERKLEY) were added find funding for vital programs—in- imous consent that the text of the bill as cosponsors of S. 3981, a bill to pro- cluding keeping courthouse doors be printed in the RECORD. vide for a temporary extension of un- open—unpaid court fees represent an employment insurance provisions. There being no objection, the text of important source of revenue that the bill was ordered to be printed in S. 3984 should be captured. This bill would the RECORD, as follows: At the request of Mr. REED, the name help close budget gaps and provide ad- of the Senator from Mississippi (Mr. ditional revenue without raising taxes S. 3991 COCHRAN) was added as a cosponsor of or imposing any new costs or burdens. Be it enacted by the Senate and House of Rep- S. 3984, a bill to amend and extend the In fact, participation in the program resentatives of the United States of America in Museum and Library Services Act, and would be optional for states, but I ex- Congress assembled, for other purposes. pect most states to participate and to SECTION 1. SHORT TITLE. S. RES. 680 benefit greatly from this bill. This Act may be cited as the ‘‘Public Safe- At the request of Mr. KERRY, the This bill would operate the same way ty Employer-Employee Cooperation Act of name of the Senator from New Hamp- as the very successful child support 2010’’. shire (Mrs. SHAHEEN) was added as a co- debt collection system. The bill will SEC. 2. DECLARATION OF PURPOSE AND POLICY. allow states to share information on sponsor of S. Res. 680, a resolution sup- The Congress declares that the following is porting international tiger conserva- outstanding restitution owed and court the policy of the United States: tion efforts and the upcoming Global debts with the IRS, which would then (1) Labor-management relationships and Tiger Summit in St. Petersburg, Rus- be required to intercept any Federal partnerships are based on trust, mutual re- sia. tax refunds of debtors and send that spect, open communication, bilateral con- sensual problem solving, and shared account- AMENDMENT NO. 4618 money to the victim or court owed that debt. ability. Labor-management cooperation At the request of Mr. NELSON of Flor- fully utilizes the strengths of both parties to ida, the name of the Senator from It has been estimated by the Na- tional Center for State Courts that best serve the interests of the public, oper- Alaska (Mr. BEGICH) was added as a co- outstanding court debts across the ating as a team, to carry out the public safe- sponsor of amendment No. 4618 in- ty mission in a quality work environment. In tended to be proposed to S. 3454, an country total approximately $15 bil- many public safety agencies, it is the union original bill to authorize appropria- lion. In my home State of Oregon that provides the institutional stability as tions for fiscal year 2011 for military alone, the outstanding restitution and elected leaders and appointees come and go. activities of the Department of De- court fee debt amount is $987 million. (2) State and local public safety officers play an essential role in the efforts of the fense, for military construction, and Only a portion of outstanding debts are owed by individuals who will receive United States to detect, prevent, and re- for defense activities of the Depart- spond to terrorist attacks, and to respond to ment of Energy, to prescribe military Federal tax refunds, so a portion of court debts would not be collected im- natural disasters, hazardous materials, and personnel strengths for such fiscal other mass casualty incidents. State and year, and for other purposes. mediately. Nonetheless, the State of local public safety officers, as first respond- Oregon estimates that passage of this ers, are a component of our Nation’s Na- AMENDMENT NO. 4697 bill would allow the state to collect $30 tional Incident Management System, devel- At the request of Mr. JOHANNS, his million per year. oped by the Department of Homeland Secu- name was added as a cosponsor of Without this straight-forward and ef- rity to coordinate response to and recovery amendment No. 4697 intended to be pro- ficient mechanism, the collection of from terrorism, major natural disasters, and posed to S. 510, a bill to amend the Fed- victim restitution and court debts is a other major emergencies. Public safety em- eral Food, Drug, and Cosmetic Act costly and time-consuming process. ployer-employee cooperation is essential in meeting these needs and is, therefore, in the with respect to the safety of the food Enactment of this bill would reduce supply. National interest. the fiscal cost and administrative bur- (3) The Federal Government needs to en- f den that victims and courts bear in at- courage conciliation, mediation, and vol- tempting to collect those debts. Again, untary arbitration to aid and encourage em- STATEMENTS ON INTRODUCED in the midst of a challenging fiscal cri- ployers and the representatives of their em- BILLS AND JOINT RESOLUTIONS sis, it only makes common sense to ployees to reach and maintain agreements By Mr. WYDEN (for himself, Mr. collect revenues that are already concerning rates of pay, hours, and working SESSIONS, Mrs. MCCASKILL, and owed—through an efficient and conven- conditions, and to make all reasonable ef- forts through negotiations to settle their dif- Mr. THUNE): ient method. ferences by mutual agreement reached S. 3989. A bill to amend the Internal Because this bill would benefit both through collective bargaining or by such Revenue Code of 1986 to allow an offset the court system, and those who rely methods as may be provided for in any appli- against income tax refunds to pay for upon it, the Court Fee Tax Intercept cable agreement for the settlement of dis- restitution and other State judicial Act is endorsed by a broad array of putes.

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.053 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8300 CONGRESSIONAL RECORD — SENATE November 30, 2010 (4) The absence of adequate cooperation be- (C) does not include a permanent super- sections (c) and (d) of section 7123 of title 5, tween public safety employers and employ- visory, management, or confidential em- United States Code, shall be followed. ees has implications for the security of em- ployee. (b) RIGHTS AND RESPONSIBILITIES.—In mak- ployees and can affect interstate and intra- (11) STATE.—The term ‘‘State’’ means each ing a determination described in subsection state commerce. The lack of such labor-man- of the several States of the United States, (a), the Authority shall consider a State’s agement cooperation can detrimentally im- the District of Columbia, and any territory law to substantially provide the required pact the upgrading of police and fire services or possession of the United States. rights and responsibilities unless such law of local communities, the health and well- (12) SUBSTANTIALLY PROVIDES.—The term fails to provide rights and responsibilities being of public safety officers, and the mo- ‘‘substantially provides’’, when used with re- comparable to or greater than the following: rale of the fire and police departments. Addi- spect to the rights and responsibilities de- (1) Granting public safety officers the right tionally, these factors could have significant scribed in section 4(b), means compliance to form and join a labor organization, which commercial repercussions. Moreover, pro- with each right and responsibility described may exclude management employees, super- viding minimal standards for collective bar- in such section. visory employees, and confidential employ- gaining negotiations in the public safety sec- (13) SUPERVISORY EMPLOYEE.—The term ees, that is, or seeks to be, recognized as the tor can prevent industrial strife between ‘‘supervisory employee’’ has the meaning exclusive bargaining representative of such labor and management that interferes with given such term under applicable State law employees. the normal flow of commerce. in effect on the date of enactment of this (2) Requiring public safety employers to (5) Many States and localities already pro- Act. If no such State law is in effect, the recognize the employees’ labor organization vide public safety officers with collective term means an individual, employed by a (freely chosen by a majority of the employ- bargaining rights comparable to or greater public safety employer, who— ees), to agree to bargain with the labor orga- than the rights and responsibilities set forth (A) has the authority in the interest of the nization, and to commit any agreements to in this Act, and such State and local laws employer to hire, direct, assign, promote, re- writing in a contract or memorandum of un- should be respected. ward, transfer, furlough, lay off, recall, sus- derstanding. SEC. 3. DEFINITIONS. pend, discipline, or remove public safety offi- (3) Providing for the right to bargain over In this Act: cers, to adjust their grievances, or to effec- hours, wages, and terms and conditions of (1) AUTHORITY.—The term ‘‘Authority’’ tively recommend such action, if the exer- employment. means the Federal Labor Relations Author- cise of the authority is not merely routine or (4) Making available an interest impasse ity. clerical in nature but requires the consistent resolution mechanism, such as fact-finding, (2) CONFIDENTIAL EMPLOYEE.—The term exercise of independent judgment; and mediation, arbitration, or comparable proce- ‘‘confidential employee’’ has the meaning (B) devotes a majority of time at work to dures. given such term under applicable State law exercising such authority. (5) Requiring enforcement of all rights, re- on the date of enactment of this Act. If no SEC. 4. DETERMINATION OF RIGHTS AND RE- sponsibilities, and protections provided by such State law is in effect, the term means SPONSIBILITIES. State law and enumerated in this section, (a) DETERMINATION.— an individual, employed by a public safety and of any written contract or memorandum (1) IN GENERAL.—Not later than 180 days employer, who— of understanding between a labor organiza- after the date of enactment of this Act, the (A) is designated as confidential; and tion and a public safety employer, through— Authority shall make a determination as to (B) is an individual who routinely assists, (A) a State administrative agency, if the whether a State substantially provides for in a confidential capacity, supervisory em- State so chooses; and the rights and responsibilities described in ployees and management employees. (B) at the election of an aggrieved party, (3) EMERGENCY MEDICAL SERVICES PER- subsection (b). the State courts. SONNEL.—The term ‘‘emergency medical (2) CONSIDERATION OF ADDITIONAL OPIN- (c) COMPLIANCE WITH REQUIREMENTS.—If services personnel’’ means an individual who IONS.—In making the determination de- the Authority determines, acting pursuant provides out-of-hospital emergency medical scribed in paragraph (1), the Authority shall to its authority under subsection (a), that a care, including an emergency medical tech- consider the opinions of affected employers State substantially provides rights and re- nician, paramedic, or first responder. and labor organizations. In the case where sponsibilities described in subsection (b), (4) EMPLOYER; PUBLIC SAFETY AGENCY.—The the Authority is notified by an affected em- then this Act shall not preempt State law. terms ‘‘employer’’ and ‘‘public safety agen- ployer and labor organization that both par- cy’’ mean any State, or political subdivision ties agree that the law applicable to such (d) FAILURE TO MEET REQUIREMENTS.— of a State, that employs public safety offi- employer and labor organization substan- (1) IN GENERAL.—If the Authority deter- cers. tially provides for the rights and responsibil- mines, acting pursuant to its authority under subsection (a), that a State does not (5) FIREFIGHTER.—The term ‘‘firefighter’’ ities described in subsection (b), the Author- has the meaning given the term ‘‘employee ity shall give such agreement weight to the substantially provide for the rights and re- engaged in fire protection activities’’ in sec- maximum extent practicable in making the sponsibilities described in subsection (b), tion 3(y) of the Fair Labor Standards Act of Authority’s determination under this sub- then such State shall be subject to the regu- 1938 (29 U.S.C. 203(y)). section. lations and procedures described in section 5 (6) LABOR ORGANIZATION.—The term ‘‘labor (3) LIMITED CRITERIA.—In making the de- beginning on the later of— organization’’ means an organization com- termination described in paragraph (1), the (A) the date that is 2 years after the date posed in whole or in part of employees, in Authority shall be limited to the application of enactment of this Act; which employees participate, and which rep- of the criteria described in subsection (b) and (B) the date that is the last day of the first resents such employees before public safety shall not require any additional criteria. regular session of the legislature of the State agencies concerning grievances, conditions (4) SUBSEQUENT DETERMINATIONS.— that begins after the date of the enactment of employment, and related matters. (A) IN GENERAL.—A determination made of this Act; or (7) LAW ENFORCEMENT OFFICER.—The term pursuant to paragraph (1) shall remain in ef- (C) in the case of a State receiving a subse- ‘‘law enforcement officer’’ has the meaning fect unless and until the Authority issues a quent determination under subsection (a)(4), given such term in section 1204 of the Omni- subsequent determination, in accordance the date that is the last day of the first reg- bus Crime Control and Safe Streets Act of with the procedures set forth in subpara- ular session of the legislature of the State 1968 (42 U.S.C. 3796b). graph (B). that begins after the date the Authority (8) MANAGEMENT EMPLOYEE.—The term (B) PROCEDURES FOR SUBSEQUENT DETER- made the determination. ‘‘management employee’’ has the meaning MINATIONS.—Upon establishing that a mate- (2) PARTIAL FAILURE.—If the Authority given such term under applicable State law rial change in State law or its interpretation makes a determination that a State does not in effect on the date of enactment of this has occurred, an employer or a labor organi- substantially provide for the rights and re- Act. If no such State law is in effect, the zation may submit a written request for a sponsibilities described in subsection (b) term means an individual employed by a subsequent determination. If satisfied that a solely because the State law substantially public safety employer in a position that re- material change in State law or its interpre- provides for such rights and responsibilities quires or authorizes the individual to formu- tation has occurred, the Authority shall for certain categories of public safety offi- late, determine, or influence the policies of issue a subsequent determination not later cers covered by the Act but not others, the the employer. than 30 days after receipt of such request. Authority shall identify those categories of (9) PERSON.—The term ‘‘person’’ means an (5) JUDICIAL REVIEW.—Any person or em- public safety officers that shall be subject to individual or a labor organization. ployer aggrieved by a determination of the the regulations and procedures described in (10) PUBLIC SAFETY OFFICER.—The term Authority under this section may, during section 5, pursuant to section 8(b)(3) and be- ‘‘public safety officer’’— the 60-day period beginning on the date on ginning on the appropriate date described in (A) means an employee of a public safety which the determination was made, petition paragraph (1), and those categories of public agency who is a law enforcement officer, a any United States Court of Appeals in the safety officers that shall remain subject to firefighter, or an emergency medical services circuit in which the person or employer re- State law. personnel; sides or transacts business or in the District SEC. 5. ROLE OF FEDERAL LABOR RELATIONS (B) includes an individual who is tempo- of Columbia circuit, for judicial review. In AUTHORITY. rarily transferred to a supervisory or man- any judicial review of a determination by the (a) IN GENERAL.—Not later than 1 year agement position; and Authority, the procedures contained in sub- after the date of enactment of this Act, the

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.039 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8301 Authority shall issue regulations in accord- randum of understanding which has been (B) the laws or ordinances of any State or ance with the rights and responsibilities de- issued, approved, or ratified by any public political subdivision of a State that provide scribed in section 4(b) establishing collective employee relations board or commission or for the rights and responsibilities described bargaining procedures for employers and by any State or political subdivision or its in section 4(b) with respect to certain cat- public safety officers in States which the Au- agents (management officials) and is in ef- egories of public safety officers covered by thority has determined, acting pursuant to fect on the day before the date of enactment this Act solely because such rights and re- section 4(a), do not substantially provide for of this Act shall not be invalidated by the sponsibilities have not been extended to such rights and responsibilities. enactment of this Act. other categories of public safety officers cov- (b) ROLE OF THE FEDERAL LABOR RELATIONS SEC. 8. CONSTRUCTION AND COMPLIANCE. ered by this Act; or AUTHORITY.—The Authority, to the extent (a) CONSTRUCTION.—Nothing in this Act (C) the laws or ordinances of any State or provided in this Act and in accordance with shall be construed— political subdivision of a State that provide regulations prescribed by the Authority, (1) to preempt or limit the remedies, for the rights and responsibilities described shall— rights, and procedures of any law of any in section 4(b), solely because such laws or (1) determine the appropriateness of units State or political subdivision of any State ordinances provide that a contract or memo- for labor organization representation; that provides greater or comparable rights randum of understanding between a public (2) supervise or conduct elections to deter- and responsibilities than the rights and re- safety employer and a labor organization mine whether a labor organization has been sponsibilities described in section 4(b); must be presented to a legislative body as selected as an exclusive representative by a (2) to prevent a State from enforcing a part of the process for approving such con- voting majority of the employees in an ap- right-to-work law that prohibits employers tract or memorandum of understanding. propriate unit; and labor organizations from negotiating (3) LIMITED ENFORCEMENT POWER.—In the (3) resolve issues relating to the duty to provisions in a labor agreement that require case of a law described in paragraph (2)(B), bargain in good faith; union membership or payment of union fees the Authority shall only exercise the powers (4) conduct hearings and resolve com- as a condition of employment; provided in section 5 with respect to those plaints of unfair labor practices; (3) to preempt or limit any State law in ef- categories of public safety officers who have (5) resolve exceptions to the awards of arbi- fect on the date of enactment of this Act not been afforded the rights and responsibil- trators; that provides for the rights and responsibil- ities described in section 4(b). (6) protect the right of each employee to ities described in section 4(b) solely because (4) EXCLUSIVE ENFORCEMENT PROVISION.— form, join, or assist any labor organization, such State law permits an employee to ap- Notwithstanding any other provision of the or to refrain from any such activity, freely pear on the employee’s own behalf with re- Act, and in the absence of a waiver of a and without fear of penalty or reprisal, and spect to the employee’s employment rela- State’s sovereign immunity, the Authority protect each employee in the exercise of tions with the public safety agency involved; shall have the exclusive power to enforce the such right; and (4) to preempt or limit any State law in ef- provisions of this Act with respect to em- (7) take such other actions as are nec- fect on the date of enactment of this Act ployees of a State. essary and appropriate to effectively admin- that provides for the rights and responsibil- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ister this Act, including issuing subpoenas ities described in section 4(b) solely because There are authorized to be appropriated requiring the attendance and testimony of such State law excludes from its coverage such sums as may be necessary to carry out witnesses and the production of documen- employees of a State militia or national the provisions of this Act. tary or other evidence from any place in the guard; (5) to permit parties in States subject to United States, and administering oaths, tak- By Mr. DURBIN: ing or ordering the taking of depositions, or- the regulations and procedures described in dering responses to written interrogatories, section 5 to negotiate provisions that would S. 3992. A bill to authorize the can- and receiving and examining witnesses. prohibit an employee from engaging in part- cellation of removal and adjustment of (c) ENFORCEMENT.— time employment or volunteer activities status of certain alien students who (1) AUTHORITY TO PETITION COURT.—The Au- during off-duty hours; are long-term United States residents thority may petition any United States (6) to prohibit a State from exempting and who entered the United States as Court of Appeals with jurisdiction over the from coverage under this Act a political sub- children and for other purposes; read parties, or the United States Court of Ap- division of the State that has a population of less than 5,000 or that employs less than 25 the first time. peals for the District of Columbia Circuit, to Mr. DURBIN. Mr. President, I ask enforce any final orders under this section, full-time employees; and for appropriate temporary relief or a re- (7) to prohibit a State from exempting unanimous consent that the text of the straining order. Any petition under this sec- from coverage under this Act individuals em- bill be printed in the RECORD. tion shall be conducted in accordance with ployed by the office of the sheriff in States There being no objection, the text of subsections (c) and (d) of section 7123 of title that do not provide the rights and respon- the bill was ordered to be printed in 5, United States Code. sibilities described in section 4(b) for law en- the RECORD, as follows: forcement officers prior to the date of enact- (2) PRIVATE RIGHT OF ACTION.—Unless the S. 3992 Authority has filed a petition for enforce- ment of this Act; or Be it enacted by the Senate and House of Rep- ment as provided in paragraph (1), any party (8) to preempt or limit the laws or ordi- resentatives of the United States of America in has the right to file suit in any appropriate nances of any State or political subdivision Congress assembled, district court of the United States to enforce of a State that provide for the rights and re- compliance with the regulations issued by sponsibilities described in section 4(b) solely SECTION 1. SHORT TITLE. the Authority pursuant to subsection (b), because such law or ordinance does not re- This Act may be cited as the ‘‘Develop- and to enforce compliance with any order quire bargaining with respect to pension, re- ment, Relief, and Education for Alien Minors issued by the Authority pursuant to this sec- tirement, or health benefits. Act of 2010’’ or the ‘‘DREAM Act of 2010’’. tion. The right provided by this subsection For purposes of paragraph (6), the term ‘‘em- SEC. 2. TABLE OF CONTENTS. to bring a suit to enforce compliance with ployee’’ includes each and every individual The table of contents for this Act is as fol- any order issued by the Authority pursuant employed by the political subdivision except lows: to this section shall terminate upon the fil- any individual elected by popular vote or ap- Sec. 1. Short title. ing of a petition seeking the same relief by pointed to serve on a board or commission. Sec. 2. Table of contents. the Authority. (b) COMPLIANCE.— Sec. 3. Definitions. SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. (1) ACTIONS OF STATES.—Nothing in this Sec. 4. Cancellation of removal of certain (a) IN GENERAL.—Subject to subsection (b), Act or the regulations promulgated under long-term residents who en- an employer, public safety officer, or labor this Act shall be construed to require a State tered the United States as chil- organization may not engage in a lockout, to rescind or preempt the laws or ordinances dren. sickout, work slowdown, strike, or any other of any of the State’s political subdivisions if Sec. 5. Conditional nonimmigrant status. organized job action that will measurably such laws provide rights and responsibilities Sec. 6. Adjustment of status. disrupt the delivery of emergency services for public safety officers that are comparable Sec. 7. Retroactive benefits. and is designed to compel an employer, pub- to or greater than the rights and responsibil- Sec. 8. Exclusive jurisdiction. lic safety officer, or labor organization to ities described in section 4(b). Sec. 9. Penalties for false statements. agree to the terms of a proposed contract. (2) ACTIONS OF THE AUTHORITY.—Nothing in Sec. 10. Confidentiality of information. (b) NO PREEMPTION.—Nothing in this sec- this Act or the regulations promulgated Sec. 11. Higher education assistance. tion shall be construed to preempt any law under this Act shall be construed to pre- Sec. 12. Treatment of aliens with adjusted of any State or political subdivision of any empt— status for certain purposes. State with respect to strikes by public safety (A) the laws or ordinances of any State or Sec. 13. Military enlistment. officers. political subdivision of a State, if such laws Sec. 14. GAO report. SEC. 7. EXISTING COLLECTIVE BARGAINING provide collective bargaining rights for pub- SEC. 3. DEFINITIONS. UNITS AND AGREEMENTS. lic safety officers that are comparable to or In this Act: A certification, recognition, election-held, greater than the rights enumerated in sec- (1) IN GENERAL.—Except as otherwise spe- collective bargaining agreement or memo- tion 4(b); cifically provided, a term used in this Act

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.039 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8302 CONGRESSIONAL RECORD — SENATE November 30, 2010 that is used in the immigration laws shall (E) the alien has never been under a final presence in the United States of an alien who have the meaning given such term in the im- administrative or judicial order of exclusion, applies for cancellation of removal under migration laws. deportation, or removal, unless the alien— subsection (a) shall not terminate when the (2) ARMED FORCES.—The term ‘‘Armed (i) has remained in the United States under alien is served a notice to appear under sec- Forces’’ has the meaning given the term color of law after such order was issued; or tion 239(a) of the Immigration and Nation- ‘‘armed forces’’ in section 101(a) of title 10, (ii) received the order before attaining the ality Act (8 U.S.C. 1229(a)). United States Code. age of 16 years; and (c) TREATMENT OF CERTAIN BREAKS IN (3) CONDITIONAL NONIMMIGRANT.— (F) the alien was younger than 30 years of PRESENCE.— (A) DEFINITION.—The term ‘‘conditional age on the date of the enactment of this Act. (1) IN GENERAL.—An alien shall be consid- nonimmigrant’’ means an alien who is grant- (2) WAIVER.—Notwithstanding paragraph ered to have failed to maintain continuous ed conditional nonimmigrant status under (1), the Secretary of Homeland Security may physical presence in the United States under this Act. waive the ground of ineligibility under para- subsection (a) if the alien has departed from (B) DESCRIPTION.—A conditional non- graph (1), (4), or (6) of section 212(a) of the the United States for any period in excess of immigrant— Immigration and Nationality Act and the 90 days or for any periods in the aggregate (i) shall be considered to be an alien within ground of deportability under paragraph (1) exceeding 180 days. a nonimmigrant class for purposes of the im- of section 237(a) of that Act for humani- (2) EXTENSIONS FOR EXCEPTIONAL CIR- migration laws; tarian purposes or family unity or when it is CUMSTANCES.—The Secretary of Homeland (ii) may have the intention permanently to otherwise in the public interest. Security may extend the time periods de- reside in the United States; and (3) PROCEDURES.—The Secretary of Home- scribed in paragraph (1) if the alien dem- (iii) is not required to have a foreign resi- land Security shall provide a procedure by onstrates that the failure to timely return to dence which the alien has no intention of regulation allowing eligible individuals to the United States was due to exceptional cir- abandoning. apply affirmatively for the relief available cumstances. The exceptional circumstances (4) IMMIGRATION LAWS.—The term ‘‘immi- under this subsection without being placed determined sufficient to justify an extension gration laws’’ has the meaning given such in removal proceedings. should be no less compelling than serious ill- term in section 101(a)(17) of the Immigration (4) DEADLINE FOR SUBMISSION OF APPLICA- ness of the alien, or death or serious illness and Nationality Act (8 U.S.C. 1101(a)(17)). TION.—An alien shall submit an application of a parent, grandparent, sibling, or child. (5) INSTITUTION OF HIGHER EDUCATION.—The for cancellation of removal and conditional (d) EXEMPTION FROM NUMERICAL LIMITA- term ‘‘institution of higher education’’ has nonimmigrant status under this subsection TIONS.—Nothing in this section may be con- the meaning given such term in section 102 no later than the date that is 1 year after the strued to apply a numerical limitation to the of the Higher Education Act of 1965 (20 U.S.C. later of— number of aliens who may be eligible for 1002), except that the term does not include (A) the date the alien was admitted to an cancellation of removal under subsection (a). an institution of higher education outside institution of higher education in the United (e) REGULATIONS.— the United States. States; (1) INITIAL PUBLICATION.—Not later than 180 (B) the date the alien earned a high school days after the date of the enactment of this SEC. 4. CANCELLATION OF REMOVAL OF CER- diploma or obtained a general education de- Act, the Secretary of Homeland Security TAIN LONG-TERM RESIDENTS WHO velopment certificate in the United States; shall publish regulations implementing this ENTERED THE UNITED STATES AS or section. CHILDREN. (C) the date of the enactment of this Act. (2) INTERIM REGULATIONS.—Notwith- (a) SPECIAL RULE FOR CERTAIN LONG-TERM (5) SUBMISSION OF BIOMETRIC AND BIO- standing section 553 of title 5, United States RESIDENTS WHO ENTERED THE UNITED STATES GRAPHIC DATA.—The Secretary of Homeland Code, the regulations required by paragraph AS CHILDREN.— Security may not cancel the removal of an (1) shall be effective, on an interim basis, im- (1) IN GENERAL.—Notwithstanding any alien or grant conditional nonimmigrant sta- mediately upon publication but may be sub- other provision of law and except as other- tus to the alien under this subsection unless ject to change and revision after public no- wise provided in this Act, the Secretary of the alien submits biometric and biographic tice and opportunity for a period of public Homeland Security may cancel removal of data, in accordance with procedures estab- comment. an alien who is inadmissible or deportable lished by the Secretary. The Secretary shall (3) FINAL REGULATIONS.—Within a reason- from the United States, and grant the alien provide an alternative procedure for appli- able time after publication of the interim conditional nonimmigrant status, if the cants who are unable to provide such biomet- regulations in accordance with paragraph (1), alien demonstrates by a preponderance of ric or biographic data because of a physical the Secretary of Homeland Security shall the evidence that— impairment. publish final regulations implementing this (A) the alien has been physically present in (6) BACKGROUND CHECKS.— section. the United States for a continuous period of (A) REQUIREMENT FOR BACKGROUND (f) REMOVAL OF ALIEN.—The Secretary of not less than 5 years immediately preceding CHECKS.—The Secretary of Homeland Secu- Homeland Security may not remove any the date of the enactment of this Act and rity shall utilize biometric, biographic, and alien who— was younger than 16 years of age on the date other data that the Secretary determines is (1) has a pending application for condi- the alien initially entered the United States; appropriate— tional nonimmigrant status under this Act; (B) the alien has been a person of good (i) to conduct security and law enforce- and moral character since the date the alien ini- ment background checks of an alien seeking (2) establishes prima facie eligibility for tially entered the United States; relief available under this subsection; and cancellation of removal and conditional non- (C) the alien— (ii) to determine whether there is any immigrant status under subsection (a). (i) is not inadmissible under paragraph (1), criminal, national security, or other factor SEC. 5. CONDITIONAL NONIMMIGRANT STATUS. (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), that would render the alien ineligible for (a) LENGTH OF STATUS.—Conditional non- or (10)(D) of section 212(a) of the Immigra- such relief. immigrant status granted under section 4 tion and Nationality Act (8 U.S.C. 1182(a)); (B) COMPLETION OF BACKGROUND CHECKS.— shall be valid for a period of 10 years, subject (ii) is not deportable under paragraph The security and law enforcement back- to termination under subsection (c) of this (1)(E), (1)(G), (2), (4), (5), or (6) of section ground checks required by subparagraph section. 237(a) of the Immigration and Nationality (A)(i) shall be completed, to the satisfaction (b) TERMS OF CONDITIONAL NONIMMIGRANT Act (8 U.S.C. 1227(a)); of the Secretary, prior to the date the Sec- STATUS.— (iii) has not ordered, incited, assisted, or retary cancels the removal of the alien under (1) EMPLOYMENT.—A conditional non- otherwise participated in the persecution of this subsection. immigrant shall be authorized to be em- any person on account of race, religion, na- (7) MEDICAL EXAMINATION.—An alien apply- ployed in the United States incident to con- tionality, membership in a particular social ing for relief available under this subsection ditional nonimmigrant status. group, or political opinion; and shall undergo a medical observation and ex- (2) TRAVEL.—A conditional nonimmigrant (iv) has not been convicted of— amination. The Secretary of Homeland Secu- may travel outside the United States and (I) any offense under Federal or State law rity, with the concurrence of the Secretary may be admitted (if otherwise admissible) punishable by a maximum term of imprison- of Health and Human Services, shall pre- upon return to the United States without ment of more than 1 year; or scribe policies and procedures for the nature, having to obtain a visa if— (II) 3 or more offenses under Federal or frequency, and timing of such observation (A) the alien is the bearer of valid, unex- State law, for which the alien was convicted and examination. pired documentary evidence of conditional on different dates for each of the 3 offenses (8) MILITARY SELECTIVE SERVICE.—An alien nonimmigrant status; and and sentenced to imprisonment for an aggre- applying for relief available under this sub- (B) the alien’s absence from the United gate of 90 days or more; section shall establish that the alien has reg- States was not for a period exceeding 180 (D) the alien— istered under the Military Selective Service days. (i) has been admitted to an institution of Act (50 U.S.C. App. 451 et seq.), if the alien is (c) TERMINATION OF STATUS.— higher education in the United States; or subject to such registration under that Act. (1) IN GENERAL.—The Secretary of Home- (ii) has earned a high school diploma or ob- (b) TERMINATION OF CONTINUOUS PERIOD.— land Security shall terminate the condi- tained a general education development cer- For purposes of this section, any period of tional nonimmigrant status of any alien if tificate in the United States; continuous residence or continuous physical the Secretary determines that the alien—

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.060 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8303 (A) ceases to meet the requirements of sub- (i) The alien has acquired a degree from an ground checks required by paragraph (1)(A) paragraph (B) or (C) of section 4(a)(1); institution of higher education in the United shall be completed, to the satisfaction of the (B) has become a public charge; or States or has completed at least 2 years, in Secretary, prior to the date the Secretary (C) has received a dishonorable or other good standing, in a program for a bachelor’s grants adjustment of status. than honorable discharge from the Armed degree or higher degree in the United States. (i) EXEMPTION FROM NUMERICAL LIMITA- Forces. (ii) The alien has served in the Armed TIONS.—Nothing in this section or in any (2) RETURN TO PREVIOUS IMMIGRATION STA- Forces for at least 2 years and, if discharged, other law may be construed to apply a nu- TUS.—Any alien whose conditional non- has received an honorable discharge. merical limitation on the number of aliens immigrant status is terminated under para- (E) The alien has provided a list of each who may be eligible for adjustment of status graph (1) shall return to the immigration secondary school (as that term is defined in under this section. status the alien had immediately prior to re- section 9101 of the Elementary and Sec- (j) CONDITIONAL NONIMMIGRANTS OTHERWISE ceiving conditional nonimmigrant status. ondary Education Act of 1965 (20 U.S.C. 7801)) ELIGIBLE FOR ADJUSTMENT.—Nothing in this SEC. 6. ADJUSTMENT OF STATUS. that the alien attended in the United States. section may be construed to limit the eligi- (a) IN GENERAL.—A conditional non- (2) HARDSHIP EXCEPTION.— bility of a conditional nonimmigrant for ad- immigrant may file with the Secretary of (A) IN GENERAL.—The Secretary of Home- justment of status, issuance of an immigrant Homeland Security, in accordance with sub- land Security may, in the Secretary’s discre- visa, or admission as a lawful permanent section (c), an application to have the alien’s tion, adjust the status of an alien if the resident alien at any time, if the conditional status adjusted to that of an alien lawfully alien— nonimmigrant is otherwise eligible for such admitted for permanent residence. The appli- (i) satisfies the requirements of subpara- benefit under the immigration laws. cation shall provide, under penalty of per- graphs (A), (B), and (C) of paragraph (1); (k) ELIGIBILITY FOR NATURALIZATION.—An jury, the facts and information so that the (ii) demonstrates compelling cir- alien whose status is adjusted under this sec- Secretary may make the determination de- cumstances for the inability to complete the tion to that of an alien lawfully admitted for scribed in paragraph (b)(1). requirements described in paragraph (1)(D); permanent residence may be naturalized (b) ADJUDICATION OF APPLICATION FOR AD- and upon compliance with all the requirements JUSTMENT OF STATUS.— (iii) demonstrates that the alien’s removal of the immigration laws except the provi- (1) IN GENERAL.—If an application is filed from the United States would result in ex- sions of paragraph (1) of section 316(a) of the in accordance with subsection (a) for an ceptional and extremely unusual hardship to Immigration and Nationality Act (8 U.S.C. alien, the Secretary of Homeland Security the alien or the alien’s spouse, parent, or 1427(a)), if such person immediately pre- shall make a determination as to whether child who is a citizen or a lawful permanent ceding the date of filing the application for the alien meets the requirements set out in resident of the United States. naturalization has resided continuously, subparagraphs (A) through (E) of subsection (B) EXTENSION.—Upon a showing of good after being lawfully admitted for permanent (d)(1). cause, the Secretary of Homeland Security residence, within the United States for at (2) ADJUSTMENT OF STATUS IF FAVORABLE may extend the period of conditional non- least 3 years, and has been physically DETERMINATION.—If the Secretary determines immigrant status for the purpose of com- present in the United States for periods to- that the alien meets such requirements, the pleting the requirements described in para- taling at least half of that time and has re- Secretary shall notify the alien of such de- graph (1)(D). sided within the State or the district of U.S. (e) CITIZENSHIP REQUIREMENT.— termination and adjust the alien’s status to Citizenship and Immigration Services in the (1) IN GENERAL.—Except as provided in that of an alien lawfully admitted for perma- United States in which the applicant filed paragraph (2), the status of a conditional nent residence, effective as of the date of ap- the application for at least 3 months. An nonimmigrant shall not be adjusted to per- proval of the application. alien described in this subsection may file manent resident status unless the alien dem- (3) TERMINATION IF ADVERSE DETERMINA- the application for naturalization as pro- onstrates that the alien satisfies the require- TION.—If the Secretary determines that the vided in the second sentence of subsection ments of section 312(a) of the Immigration alien does not meet such requirements, the (a) of section 344 of the Immigration and Na- and Nationality Act (8 U.S.C. 312(a)). Secretary shall notify the alien of such de- tionality Act (8 U.S.C. 1445). (2) EXCEPTION.—Paragraph (1) shall not termination and terminate the conditional SEC. 7. RETROACTIVE BENEFITS. apply to an alien who is unable because of a nonimmigrant status of the alien as of the If, on the date of the enactment of this physical or developmental disability or men- date of the determination. Act, an alien has satisfied all the require- tal impairment to meet the requirements of (c) TIME TO FILE APPLICATION.—An alien ments of section 4(a)(1) and section such paragraph. shall file an application for adjustment of 6(d)(1)(D), the Secretary of Homeland Secu- (f) PAYMENT OF FEDERAL TAXES.— status during the period beginning 1 year be- rity may cancel removal and grant condi- (1) IN GENERAL.—Not later than the date on fore and ending on either the date that is 10 tional nonimmigrant status in accordance which an application is filed under sub- years after the date of the granting of condi- with section 4. The alien may apply for ad- section (a) for adjustment of status, the tional nonimmigrant status or any other ex- justment of status in accordance with sec- alien shall satisfy any applicable Federal tax piration date of the conditional non- tion 6(a) if the alien has met the require- liability due and owing on such date. immigrant status as extended by the Sec- ments of subparagraphs (A), (B), and (C) of (2) APPLICABLE FEDERAL TAX LIABILITY.— retary of Homeland Security in accordance section 6(d)(1) during the entire period of For purposes of paragraph (1), the term ‘‘ap- with this Act. The alien shall be deemed to conditional nonimmigrant status. plicable Federal tax liability’’ means liabil- be in conditional nonimmigrant status in the SEC. 8. EXCLUSIVE JURISDICTION. ity for Federal taxes imposed under the In- United States during the period in which ternal Revenue Code of 1986, including any (a) IN GENERAL.—The Secretary of Home- such application is pending. penalties and interest thereon. land Security shall have exclusive jurisdic- (d) DETAILS OF APPLICATION.— (g) SUBMISSION OF BIOMETRIC AND BIO- tion to determine eligibility for relief under (1) CONTENTS OF APPLICATION.—Each appli- GRAPHIC DATA.—The Secretary of Homeland this Act, except where the alien has been cation for an alien under subsection (a) shall Security may not adjust the status of an placed into deportation, exclusion, or re- contain information to permit the Secretary alien under this section unless the alien sub- moval proceedings either prior to or after fil- of Homeland Security to determine whether mits biometric and biographic data, in ac- ing an application for cancellation of re- each of the following requirements is met: cordance with procedures established by the moval and conditional nonimmigrant status (A) The alien has demonstrated good moral Secretary. The Secretary shall provide an al- or adjustment of status under this Act, in character during the entire period the alien ternative procedure for applicants who are which case the Attorney General shall have has been a conditional nonimmigrant. unable to provide such biometric or bio- exclusive jurisdiction and shall assume all (B) The alien is in compliance with section graphic data because of a physical impair- the powers and duties of the Secretary until 4(a)(1)(C). ment. proceedings are terminated, or if a final (C) The alien has not abandoned the alien’s (h) BACKGROUND CHECKS.— order of deportation, exclusion, or removal is residence in the United States. The Sec- (1) REQUIREMENT FOR BACKGROUND entered the Secretary shall resume all pow- retary shall presume that the alien has aban- CHECKS.—The Secretary of Homeland Secu- ers and duties delegated to the Secretary doned such residence if the alien is absent rity shall utilize biometric, biographic, and under this Act. from the United States for more than 365 other data that the Secretary determines ap- (b) STAY OF REMOVAL OF CERTAIN ALIENS days, in the aggregate, during the period of propriate— ENROLLED IN PRIMARY OR SECONDARY conditional nonimmigrant status, unless the (A) to conduct security and law enforce- SCHOOL.—The Attorney General shall stay alien demonstrates that the alien has not ment background checks of an alien apply- the removal proceedings of any alien who— abandoned the alien’s residence. An alien ing for adjustment of status under this sec- (1) meets all the requirements of subpara- who is absent from the United States due to tion; and graphs (A), (B), (C), and (E) of section 4(a)(1); active service in the Armed Forces has not (B) to determine whether there is any (2) is at least 12 years of age; and abandoned the alien’s residence in the criminal, national security, or other factor (3) is enrolled full time in a primary or sec- United States during the period of such serv- that would render the alien ineligible for ondary school. ice. such adjustment of status. (c) EMPLOYMENT.—An alien whose removal (D) The alien has completed at least 1 of (2) COMPLETION OF BACKGROUND CHECKS.— is stayed pursuant to subsection (b) may be the following: The security and law enforcement back- engaged in employment in the United States

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.060 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE S8304 CONGRESSIONAL RECORD — SENATE November 30, 2010 consistent with the Fair Labor Standards (1) Student loans under parts B, D, and E of fictional town of St. Petersburg depicted in Act (29 U.S.C. 201 et seq.) and State and local such title IV (20 U.S.C. 1071 et seq., 1087a et the novels ‘‘The Adventures of Tom Sawyer’’ laws governing minimum age for employ- seq., 1087aa et seq.), subject to the require- and ‘‘Adventures of Huckleberry Finn’’, ment. ments of such parts. where the Clemens family lived until 1853, (d) LIFT OF STAY.—The Attorney General (2) Federal work-study programs under including several years of residence at 206 shall lift the stay granted pursuant to sub- part C of such title IV (42 U.S.C. 2751 et seq.), Hill Street, known as the boyhood home of section (b) if the alien— subject to the requirements of such part. Mark Twain; (1) is no longer enrolled in a primary or (3) Services under such title IV (20 U.S.C. Whereas in 1848, Samuel Clemens left secondary school; or 1070 et seq.), subject to the requirements for school to become a printer’s apprentice at (2) ceases to meet the requirements of sub- such services. the Missouri Courier newspaper, his first in a section (b)(1). SEC. 12. TREATMENT OF ALIENS WITH ADJUSTED series of occupations that include, most no- SEC. 9. PENALTIES FOR FALSE STATEMENTS. STATUS FOR CERTAIN PURPOSES. tably, author, but also, printer, typesetter, Whoever files an application for any ben- (a) IN GENERAL.—An individual granted steamboat pilot, journalist, lecturer, pub- efit under this Act and willfully and know- conditional nonimmigrant status under this lisher, editor, prospector, and political activ- ingly falsifies, misrepresents, or conceals a Act shall, while such individual remains in ist; material fact or makes any false or fraudu- such status, be considered lawfully present Whereas while working at the Virginia lent statement or representation, or makes for all purposes except— City newspaper, the Territorial Enterprise, or uses any false writing or document know- (1) section 36B of the Internal Revenue Clemens first used the pen name ‘‘Mark ing the same to contain any false or fraudu- Code of 1986 (concerning premium tax cred- Twain’’ in 1863; lent statement or entry, shall be fined in ac- its), as added by section 1401 of the Patient Whereas with the publication of the short cordance with title 18, United States Code, Protection and Affordable Care Act (Public story ‘‘Jim Smiley and His Jumping Frog’’ imprisoned not more than 5 years, or both. Law 111–148); and in The Saturday Press in 1865, Mark Twain SEC. 10. CONFIDENTIALITY OF INFORMATION. (2) section 1402 of the Patient Protection experienced his first significant success as (a) PROHIBITION.—Except as provided in and Affordable Care Act (concerning reduced an author; subsection (b), no officer or employee of the cost sharing; 42 U.S.C. 18071). Whereas in 1869, Twain’s first book, ‘‘The United States may— (b) FOR PURPOSES OF THE 5-YEAR ELIGI- Innocents Abroad’’, was published, detailing (1) use the information furnished by an in- BILITY WAITING PERIOD UNDER PRWORA.—An Twain’s adventures through Europe and the dividual pursuant to an application filed individual who has met the requirements Middle East; under this Act to initiate removal pro- under this Act for adjustment from condi- Whereas Samuel Clemens, known for the ceedings against any person identified in the tional nonimmigrant status to lawful perma- love and affection he demonstrated for his application; nent resident status shall be considered, as wife and family and to whom the quote, (2) make any publication whereby the in- of the date of such adjustment, to have com- ‘‘What is a home without a child?’’, is attrib- formation furnished by any particular indi- pleted the 5-year period specified in section uted, in 1870 married Olivia Langdon, with vidual pursuant to an application under this 403 of the Personal Responsibility and Work whom he had 4 children, Langdon, Olivia Act can be identified; or Opportunity Reconciliation Act of 1996 (8 Susan, Clara Langdon, and Jane Lampton; (3) permit anyone other than an officer or U.S.C. 1613). Whereas the book ‘‘Roughing It’’, part employee of the United States Government SEC. 13. MILITARY ENLISTMENT. autobiography and part tall tale, chronicling or, in the case of an application filed under Section 504(b)(1) of title 10, United States Twain’s adventures in the early American this Act with a designated entity, that des- Code, is amended by adding at the end the West and critiquing society’s treatment of ignated entity, to examine such application following new subparagraph: Chinese Americans, was published in 1872; filed under this Act. ‘‘(D) An alien who is a conditional non- Whereas ‘‘The Gilded Age: A Tale of (b) REQUIRED DISCLOSURE.—The Attorney immigrant (as that term is defined in section Today’’, a novel Twain wrote in collabora- General or the Secretary of Homeland Secu- 3 of the DREAM Act of 2010).’’. tion with Charles Dudley Warner satirizing rity shall provide the information furnished SEC. 14. GAO REPORT. political corruption and greed in American under this Act, and any other information Not later than 7 years after the date of the life, was published in 1873; derived from such furnished information, enactment of this Act, the Comptroller Gen- Whereas Twain’s novel, ‘‘The Adventures to— eral of the United States shall submit to the of Tom Sawyer’’, through which he sought (1) a Federal, State, tribal, or local law en- Committee on the Judiciary of the Senate ‘‘to pleasantly remind adults of what they forcement agency, intelligence agency, na- and the Committee on the Judiciary of the once were themselves, and of how they felt tional security agency, component of the De- House of Representatives a report setting and thought and talked, and what queer en- partment of Homeland Security, court, or forth— terprises they sometimes engaged in’’, was grand jury in connection with a criminal in- (1) the number of aliens who were eligible published in 1876; vestigation or prosecution, a background for cancellation of removal and grant of con- Whereas in 1881, Twain addressed class check conducted pursuant to the Brady ditional nonimmigrant status under section issues and attacked injustice and hypocrisy Handgun Violence Protection Act (Public 4(a); in English society with the publication of his Law 103–159; 107 Stat. 1536) or an amendment (2) the number of aliens who applied for novel, ‘‘The Prince and the Pauper’’; made by that Act, or for homeland security cancellation of removal and grant of condi- Whereas in 1883, ‘‘Life on the Mississippi’’, or national security purposes, if such infor- tional nonimmigrant status under section Twain’s book exploring the history and lore mation is requested by such entity or con- 4(a); of the Mississippi River and detailing his sistent with an information sharing agree- (3) the number of aliens who were granted time spent as a Mississippi River steamboat ment or mechanism; or conditional nonimmigrant status under sec- pilot, was published; (2) an official coroner for purposes of af- tion 4(a); and Whereas Mark Twain’s most famous work, firmatively identifying a deceased individual (4) the number of aliens whose status was ‘‘Adventures of Huckleberry Finn’’, which (whether or not such individual is deceased adjusted to that of an alien lawfully admit- attacked the institution of slavery, the fail- as a result of a crime). ted for permanent residence under section 6. ures of Reconstruction, and the continued (c) FRAUD IN APPLICATION PROCESS OR mistreatment of African Americans in Amer- CRIMINAL CONDUCT.—Notwithstanding any f ican society, and which is considered a mas- other provision of this section, information SUBMITTED RESOLUTIONS terpiece of American fiction and is widely concerning whether an alien seeking relief known as one of the Great American Novels, under this Act has engaged in fraud in an ap- was published in 1884; plication for such relief or at any time com- SENATE RESOLUTION 690—COM- Whereas Twain’s powerful social critique, mitted a crime may be used or released for MEMORATING THE 175TH ANNI- ‘‘A Connecticut Yankee in King Arthur’s immigration enforcement, law enforcement, VERSARY OF THE BIRTH OF or national security purposes. Court’’, was published in 1889; (d) PENALTY.—Whoever knowingly uses, MARK TWAIN Whereas ‘‘The Tragedy of Pudd’nhead Wil- son’’, Twain’s strongest critique of racism publishes, or permits information to be ex- Mrs. MCCASKILL (for herself and Mr. and the institution of slavery, was published amined in violation of this section shall be BOND) submitted the following resolu- fined not more than $10,000. in 1894; tion; which was considered and agreed Whereas on April 21, 1910, Samuel Clemens SEC. 11. HIGHER EDUCATION ASSISTANCE. to: Notwithstanding any provision of the died at the age of 74; and Higher Education Act of 1965 (20 U.S.C. 1001 S. RES. 690 Whereas the 175th anniversary of the birth et seq.), with respect to assistance provided Whereas Mark Twain was born with the of Mark Twain is an historic occasion: Now, under title IV of the Higher Education Act of name Samuel Langhorne Clemens on Novem- therefore, be it 1965 (20 U.S.C. 1070 et seq.), an alien who is ber 30, 1835, in Florida, Missouri, the 6th Resolved, That the Senate commemorates granted conditional nonimmigrant status or child of John Marshall and Jane Lampton the 175th anniversary of the birth of Mark lawful permanent resident status under this Clemens; Twain on November 30, 2010, and his enduring Act shall be eligible only for the following Whereas in 1839, the Clemens family moved legacy as one of our Nation’s greatest au- assistance under such title: to Hannibal, Missouri, the inspiration for the thors and humorists.

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.060 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8305 SENATE RESOLUTION 691—TO PER- for any goods or services sold in a trans- RESTORE ONLINE SHOPPERS’ MIT THE COLLECTION OF CLOTH- action effected on the Internet through a CONFIDENCE ACT negative option feature (as defined in the ING, TOYS, FOOD, AND Mrs. HAGAN. Mr. President, I ask HOUSEWARES DURING THE HOLI- Federal Trade Commission’s Telemarketing Sales Rule in part 310 of title 16, Code of Fed- unanimous consent the Senate proceed DAY SEASON FOR CHARITABLE eral Regulations), unless the person— to the immediate consideration of Cal- PURPOSES IN SENATE BUILD- (1) provides text that clearly and conspicu- endar No. 500, S. 3386. INGS ously discloses all material terms of the The PRESIDING OFFICER. The Mr. REID (for himself and Mr. transaction before obtaining the consumer’s clerk will report the bill by title. billing information; MCCONNELL) submitted the following The assistant legislative clerk read (2) obtains a consumer’s express informed as follows: resolution; which was considered and consent before charging the consumer’s cred- agreed to: it card, debit card, bank account, or other fi- A bill (S. 3386) to protect consumers from S. RES. 691 nancial account for products or services certain aggressive sales tactics on the Inter- Resolved, through such transaction; and net. SECTION 1. COLLECTION OF CLOTHING, TOYS, (3) provides simple mechanisms for a con- There being no objection, the Senate FOOD, AND HOUSEWARES DURING sumer to stop recurring charges from being proceeded to consider the bill (S. 3386) THE HOLIDAY SEASON FOR CHARI- placed on the consumer’s credit card, debit to protect consumers from certain ag- TABLE PURPOSES IN SENATE BUILD- card, bank account, or other financial ac- gressive sales tactics on the Internet, INGS. count. which had been reported from the Com- (a) IN GENERAL.—Notwithstanding any On page 19, line 19, strike ‘‘SEC. 4.’’ and in- other provision of the rules or regulations of sert ‘‘SEC. 5.’’. mittee on Commerce, Science, and the Senate— On page 20, strike lines 5 through 8. Transportation, with an amendment to (1) a Senator, officer, or employee of the On page 20, line 9, strike ‘‘(c)’’ and insert strike all after the enacting clause and Senate may collect from another Senator, ‘‘(b)’’. insert in lieu thereof the following: officer, or employee of the Senate within On page 20, line 16, strike ‘‘(d)’’ and insert SECTION 1. SHORT TITLE. Senate buildings nonmonetary donations of ‘‘(c)’’. This Act may be cited as the ‘‘Restore Online clothing, toys, food, and housewares for On page 20, line 19, strike ‘‘SEC. 5.’’ and in- Shoppers’ Confidence Act’’. charitable purposes related to serving those sert ‘‘SEC. 6.’’. in need or members of the Armed Services SEC. 2. FINDINGS; DECLARATION OF POLICY. and their families during the holiday season, The Congress finds the following: if the charitable purposes do not otherwise f (1) The Internet has become an important violate any rule or regulation of the Senate channel of commerce in the United States, ac- or of Federal law; and counting for billions of dollars in retail sales AUTHORITY FOR COMMITTEES TO every year. Over half of all American adults (2) a Senator, officer, or employee of the MEET Senate may work with a nonprofit organiza- have now either made an online purchase or an tion with respect to the delivery of dona- COMMITTEE ON COMMERCE, SCIENCE, AND online travel reservation. (2) Consumer confidence is essential to the tions described in paragraph (1). TRANSPORTATION growth of online commerce. To continue its de- (b) EXPIRATION.—The authority provided Mr. SANDERS. Mr. President, I ask velopment as a marketplace, the Internet must by this resolution shall expire at the end of unanimous consent that the Com- the 2nd session of the 111th Congress. provide consumers with clear, accurate informa- mittee on Commerce, Science, and tion and give sellers an opportunity to fairly f Transportation be authorized to meet compete with one another for consumers’ busi- AMENDMENTS SUBMITTED AND during the session of the Senate on No- ness. PROPOSED vember 30, 2010, at 3:30 p.m. in room 253 (3) An investigation by the Senate Committee of the Russell Senate Office Building. on Commerce, Science, and Transportation SA 4721. Mrs. HAGAN (for Mr. ROCKE- found abundant evidence that the aggressive FELLER (for himself and Mrs. HUTCHISON)) The PRESIDING OFFICER. Without sales tactics many companies use against their proposed an amendment to the bill S. 3386, to objection, it is so ordered. online customers have undermined consumer protect consumers from certain aggressive COMMITTEE ON ENVIRONMENT AND PUBLIC confidence in the Internet and thereby harmed sales tactics on the Internet. WORKS the American economy. f Mr. SANDERS. Mr. President, I ask (4) The Committee showed that, in exchange unanimous consent that the Com- for ‘‘bounties’’ and other payments, hundreds of TEXT OF AMENDMENTS reputable online retailers and websites shared mittee on Environment and Public SA 4721. Mrs. HAGAN (for Mr. ROCKE- their customers’ billing information, including Works be authorized to meet during FELLER (for himself and Mrs. credit card and debit card numbers, with third the session of the Senate on November party sellers through a process known as ‘‘data HUTCHISON)) proposed an amendment to 30, 2010. pass’’. These third party sellers in turn used ag- the bill S. 3386, to protect consumers The PRESIDING OFFICER. Without gressive, misleading sales tactics to charge mil- from certain aggressive sales tactics on objection, it is so ordered. lions of American consumers for membership the Internet; as follows: clubs the consumers did not want. On page 15, line 17, strike ‘‘purchaser’s’’ COMMITTEE ON HOMELAND SECURITY AND (5) Third party sellers offered membership GOVERNMENTAL AFFAIRS and insert ‘‘consumer’s’’. clubs to consumers as they were in the process On page 15, line 19, strike ‘‘purchaser’’ and Mr. SANDERS. Mr. President, I ask of completing their initial transactions on hun- insert ‘‘consumer’’. unanimous consent that the Com- dreds of websites. These third party ‘‘post-trans- On page 17, beginning with line 4, strike mittee on Homeland Security and Gov- action’’ offers were designed to make consumers through line 15 on page 18. ernmental Affairs be authorized to think the offers were part of the initial pur- On page 18, line 16, strike ‘‘(d)’’ and insert meet during the session of the Senate chase, rather than a new transaction with a ‘‘(c)’’. new seller. On page 18, line 21, strike ‘‘(e)’’ and insert on November 30, 2010. (6) Third party sellers charged millions of con- ‘‘(d)’’. The PRESIDING OFFICER. Without sumers for membership clubs without ever ob- On page 19, strike lines 3 through 7. objection, it is so ordered. taining consumers’ billing information, includ- On page 19, line 8, strike ‘‘(3)’’ and insert SUBCOMMITTEE ON CRIME AND DRUGS ing their credit or debit card information, di- ‘‘(2)’’. Mr. SANDERS. Mr. President, I ask rectly from the consumers. Because third party On page 19, strike lines 17 and 18 and insert unanimous consent that the Com- sellers acquired consumers’ billing information the following: from the initial merchant through ‘‘data pass’’, (C) is not— mittee on the Judiciary, Sub- millions of consumers were unaware they had (i) the initial merchant; committee on Crime and Drugs, be au- been enrolled in membership clubs. (ii) a subsidiary or corporate affiliate of thorized to meet during the session of (7) The use of a ‘‘data pass’’ process defied the initial merchant; or the Senate, on November 30, 2010, at 10 consumers’ expectations that they could only be (iii) a successor of an entity described in a.m. in room SD–226 of the Dirksen charged for a good or a service if they submitted clause (i) or (ii). Senate Office Building, to conduct a their billing information, including their com- On page 19, between line 18 and 19, insert hearing entitled ‘‘Examining Enforce- plete credit or debit card numbers. the following: (8) Third party sellers used a free trial period ment of the Foreign Corrupt Practices SEC. 4. NEGATIVE OPTION MARKETING ON THE to enroll members, after which they periodically INTERNET. Act.’’ charged consumers until consumers affirma- It shall be unlawful for any person to The PRESIDING OFFICER. Without tively canceled the memberships. This use of charge or attempt to charge any consumer objection, it is so ordered. ‘‘free-to-pay conversion’’ and ‘‘negative option’’

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sales took advantage of consumers’ expectations (3) the seller enables the purchaser to stop re- (c) INTERVENTION BY THE COMMISSION.—The that they would have an opportunity to accept curring charges from being made to the pur- Commission may intervene in such civil action or reject the membership club offer at the end of chaser’s credit card, debit card, bank account, and upon intervening— the trial period. or other financial account through a simple (1) be heard on all matters arising in such SEC. 3. PROHIBITIONS AGAINST CERTAIN UNFAIR process that is available via— civil action; and AND DECEPTIVE INTERNET SALES (A) the Internet; or (2) file petitions for appeal of a decision in PRACTICES. (B) e-mail. such civil action. (a) REQUIREMENTS FOR CERTAIN INTERNET- (d) APPLICATION WITH OTHER LAW.—Nothing (d) CONSTRUCTION.—Nothing in this section BASED SALES.—It shall be unlawful for any in this Act shall be construed to supersede, mod- shall be construed— post-transaction third party seller to charge or ify, or otherwise affect the requirements of the (1) to prevent the attorney general of a State, attempt to charge any consumer’s credit card, Electronic Funds Transfer Act (15 U.S.C. 1693 et or other authorized State officer, from exercising debit card, bank account, or other financial ac- seq.) or any regulation promulgated thereunder. the powers conferred on the attorney general, or count for any good or service sold in a trans- (e) DEFINITIONS.—In this section: other authorized State officer, by the laws of action effected on the Internet, unless— (1) INITIAL MERCHANT.—The term ‘‘initial mer- such State; or (1) before obtaining the purchaser’s billing in- chant’’ means a person that has obtained a con- (2) to prohibit the attorney general of a State, formation, the post-transaction third party sell- sumer’s billing information directly from the or other authorized State officer, from pro- er has clearly and conspicuously disclosed to consumer through an Internet transaction initi- ceeding in State or Federal court on the basis of the purchaser all material terms of the trans- ated by the consumer. an alleged violation of any civil or criminal stat- action, including— (2) NEGATIVE OPTION FEATURE.—The term ute of that State. (A) a description of the goods or services being ‘‘negative option feature’’ has the meaning (e) LIMITATION.—No separate suit shall be offered; given that term in section 310.2(t) of the Federal brought under this section if, at the time the (B) the fact that the post-transaction third Trade Commission’s Telemarketing Sales Rule suit is brought, the same alleged violation is the party seller is not affiliated with the initial mer- regulations (16 C.F.R. 310.2(t)). subject of a pending action by the Federal chant, which may include disclosure of the (3) POST-TRANSACTION THIRD PARTY SELLER.— Trade Commission or the United States under name of the post-transaction third party in a The term ‘‘post-transaction third party seller’’ this Act. manner that clearly differentiates the post- means a person that— Mrs. HAGAN. I ask unanimous con- transaction third party seller from the initial (A) sells, or offers for sale, any good or service sent that a Rockefeller-Hutchison merchant; and on the Internet; managers’ amendment which is at the (C) the cost of such goods or services; and (B) solicits the purchase of such goods or serv- (2) the post-transaction third party seller has ices on the Internet through an initial merchant desk be agreed to, the committee sub- received the express informed consent for the after the consumer has initiated a transaction stitute amendment, as amended, be charge from the consumer whose credit card, with the initial merchant; and agreed to, the bill as amended be read debit card, bank account, or other financial ac- (C) is not a subsidiary or corporate affiliate of a third time and passed, the motion to count will be charged by— the initial merchant. reconsider be laid upon the table, with (A) obtaining from the consumer— SEC. 4. ENFORCEMENT BY FEDERAL TRADE COM- no intervening action or debate, and (i) the full account number of the account to MISSION. be charged; and any statements be printed in the (a) IN GENERAL.—Violation of this Act or any (ii) the consumer’s name and address and a RECORD. regulation prescribed under this Act shall be means to contact the consumer; and The PRESIDING OFFICER. Without treated as a violation of a rule under section 18 (B) requiring the consumer to perform an ad- of the Federal Trade Commission Act (15 U.S.C. objection, it is so ordered. ditional affirmative action, such as clicking on 57a) regarding unfair or deceptive acts or prac- The amendment (No. 4721) was agreed a confirmation button or checking a box that in- tices. The Federal Trade Commission shall en- to, as follows: dicates the consumer’s consent to be charged the force this Act in the same manner, by the same (Purpose: To make minor and technical amount disclosed. means, and with the same jurisdiction, powers, changes in the bill as reported, and for (b) PROHIBITION ON DATA-PASS USED TO FA- and duties as though all applicable terms and other purposes) CILITATE CERTAIN DECEPTIVE INTERNET SALES provisions of the Federal Trade Commission Act TRANSACTIONS.—It shall be unlawful for an ini- On page 15, line 17, strike ‘‘purchaser’s’’ tial merchant to disclose a credit card, debit (15 U.S.C. 41 et seq.) were incorporated into and and insert ‘‘consumer’s’’. card, bank account, or other financial account made a part of this Act. On page 15, line 19, strike ‘‘purchaser’’ and number, or to disclose other billing information (b) REGULATIONS.—Notwithstanding any other insert ‘‘consumer’’. that is used to charge a customer of the initial provision of law, the Commission may promul- On page 17, beginning with line 4, strike merchant, to any post-transaction third party gate such regulations as it finds necessary or through line 15 on page 18. seller for use in an Internet-based sale of any appropriate under this Act under section 553 of On page 18, line 16, strike ‘‘(d)’’ and insert goods or services from that post-transaction title 5, United States Code. ‘‘(c)’’. third party seller. (c) PENALTIES.—Any person who violates this On page 18, line 21, strike ‘‘(e)’’ and insert Act or any regulation prescribed under this Act (c) LIMITATIONS ON USE OF NEGATIVE OPTION ‘‘(d)’’. shall be subject to the penalties and entitled to FEATURE IN INTERNET-BASED SALES TRANS- On page 19, strike lines 3 through 7. the privileges and immunities provided in the ACTIONS.—It shall be unlawful for any person to On page 19, line 8, strike ‘‘(3)’’ and insert charge or attempt to charge any consumer for Federal Trade Commission Act as though all ap- ‘‘(2)’’. any goods or services sold in a transaction ef- plicable terms and provisions of the Federal On page 19, strike lines 17 and 18 and insert fected on the Internet through a negative option Trade Commission Act were incorporated in and the following: feature, unless— made part of this Act. (C) is not— (1) before obtaining the purchaser’s initial (d) AUTHORITY PRESERVED.—Nothing in this (i) the initial merchant; agreement to participate in the negative option section shall be construed to limit the authority (ii) a subsidiary or corporate affiliate of plan, the seller has clearly and conspicuously of the Commission under any other provision of the initial merchant; or disclosed all material terms of the transaction, law. (iii) a successor of an entity described in including— SEC. 5. ENFORCEMENT BY STATE ATTORNEYS clause (i) or (ii). (A) the name of the entity offering the goods GENERAL. On page 19, between line 18 and 19, insert or services; (a) RIGHT OF ACTION.—Except as provided in the following: (B) a description of the goods or services being subsection (e), the attorney general of a State, SEC. 4. NEGATIVE OPTION MARKETING ON THE offered; or other authorized State officer, alleging a vio- INTERNET. (C) the cost of such goods or services; lation of this Act or any regulation issued under It shall be unlawful for any person to (D) notice of when billing will begin and at this Act that affects or may affect such State or charge or attempt to charge any consumer what intervals the charges will occur; its residents may bring an action on behalf of for any goods or services sold in a trans- (E) the length of any trial period, including a the residents of the State in any United States action effected on the Internet through a statement that the consumer’s account will be district court for the district in which the de- negative option feature (as defined in the charged unless the consumer takes affirmative fendant is found, resides, or transacts business, Federal Trade Commission’s Telemarketing action and the steps the consumer must take to or wherever venue is proper under section 1391 Sales Rule in part 310 of title 16, Code of Fed- the avoid the charge; and of title 28, United States Code, to obtain appro- eral Regulations), unless the person— (F) instructions for stopping the recurring priate injunctive relief. (1) provides text that clearly and conspicu- charges in accordance with the requirements of (b) NOTICE TO COMMISSION REQUIRED.—A ously discloses all material terms of the paragraph (3); State shall provide prior written notice to the transaction before obtaining the consumer’s (2) the seller has obtained the express in- Federal Trade Commission of any civil action billing information; formed consent described in subsection (a)(2) under subsection (a) together with a copy of its (2) obtains a consumer’s express informed from the purchaser before charging or attempt- complaint, except that if it is not feasible for the consent before charging the consumer’s cred- ing to charge the purchaser’s credit card, debit State to provide such prior notice, the State it card, debit card, bank account, or other fi- card, bank account, or other financial account shall provide such notice immediately upon in- nancial account for products or services on a recurring basis; and stituting such action. through such transaction; and

VerDate Mar 15 2010 03:19 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A30NO6.027 S30NOPT1 jbell on DSKDVH8Z91PROD with SENATE November 30, 2010 CONGRESSIONAL RECORD — SENATE S8307 (3) provides simple mechanisms for a con- ships. This use of ‘‘free-to-pay conversion’’ SEC. 4. NEGATIVE OPTION MARKETING ON THE sumer to stop recurring charges from being and ‘‘negative option’’ sales took advantage INTERNET. placed on the consumer’s credit card, debit of consumers’ expectations that they would It shall be unlawful for any person to card, bank account, or other financial ac- have an opportunity to accept or reject the charge or attempt to charge any consumer count. membership club offer at the end of the trial for any goods or services sold in a trans- On page 19, line 19, strike ‘‘SEC. 4.’’ and in- period. action effected on the Internet through a sert ‘‘SEC. 5.’’. negative option feature (as defined in the On page 20, strike lines 5 through 8. SEC. 3. PROHIBITIONS AGAINST CERTAIN UNFAIR Federal Trade Commission’s Telemarketing AND DECEPTIVE INTERNET SALES Sales Rule in part 310 of title 16, Code of Fed- On page 20, line 9, strike ‘‘(c)’’ and insert PRACTICES. ‘‘(b)’’. eral Regulations), unless the person— On page 20, line 16, strike ‘‘(d)’’ and insert (a) REQUIREMENTS FOR CERTAIN INTERNET- (1) provides text that clearly and conspicu- ‘‘(c)’’. BASED SALES.—It shall be unlawful for any ously discloses all material terms of the On page 20, line 19, strike ‘‘SEC. 5.’’ and in- post-transaction third party seller to charge transaction before obtaining the consumer’s sert ‘‘SEC. 6.’’. or attempt to charge any consumer’s credit billing information; The Committee amendment in the card, debit card, bank account, or other fi- (2) obtains a consumer’s express informed nancial account for any good or service sold nature of a substitute, as amended, was consent before charging the consumer’s cred- in a transaction effected on the Internet, un- it card, debit card, bank account, or other fi- agreed to. less— nancial account for products or services The bill (S. 3386), as amended, was or- (1) before obtaining the consumer’s billing through such transaction; and dered to be engrossed for a third read- information, the post-transaction third (3) provides simple mechanisms for a con- ing, was read the third time, and party seller has clearly and conspicuously sumer to stop recurring charges from being passed, as follows: disclosed to the consumer all material terms placed on the consumer’s credit card, debit S. 3386 of the transaction, including— card, bank account, or other financial ac- (A) a description of the goods or services count. SECTION 1. SHORT TITLE. being offered; This Act may be cited as the ‘‘Restore On- SEC. 5. ENFORCEMENT BY FEDERAL TRADE COM- (B) the fact that the post-transaction third MISSION. line Shoppers’ Confidence Act’’. party seller is not affiliated with the initial (a) IN GENERAL.—Violation of this Act or SEC. 2. FINDINGS; DECLARATION OF POLICY. merchant, which may include disclosure of any regulation prescribed under this Act The Congress finds the following: the name of the post-transaction third party shall be treated as a violation of a rule under (1) The Internet has become an important in a manner that clearly differentiates the section 18 of the Federal Trade Commission channel of commerce in the United States, post-transaction third party seller from the Act (15 U.S.C. 57a) regarding unfair or decep- accounting for billions of dollars in retail initial merchant; and tive acts or practices. The Federal Trade sales every year. Over half of all American (C) the cost of such goods or services; and Commission shall enforce this Act in the adults have now either made an online pur- (2) the post-transaction third party seller same manner, by the same means, and with chase or an online travel reservation. has received the express informed consent the same jurisdiction, powers, and duties as (2) Consumer confidence is essential to the for the charge from the consumer whose though all applicable terms and provisions of growth of online commerce. To continue its credit card, debit card, bank account, or the Federal Trade Commission Act (15 U.S.C. development as a marketplace, the Internet other financial account will be charged by— 41 et seq.) were incorporated into and made must provide consumers with clear, accurate (A) obtaining from the consumer— a part of this Act. information and give sellers an opportunity (i) the full account number of the account (b) PENALTIES.—Any person who violates to fairly compete with one another for con- to be charged; and this Act or any regulation prescribed under sumers’ business. (ii) the consumer’s name and address and a this Act shall be subject to the penalties and (3) An investigation by the Senate Com- means to contact the consumer; and entitled to the privileges and immunities mittee on Commerce, Science, and Transpor- (B) requiring the consumer to perform an provided in the Federal Trade Commission tation found abundant evidence that the ag- additional affirmative action, such as Act as though all applicable terms and provi- sions of the Federal Trade Commission Act gressive sales tactics many companies use clicking on a confirmation button or check- were incorporated in and made part of this against their online customers have under- ing a box that indicates the consumer’s con- Act. mined consumer confidence in the Internet sent to be charged the amount disclosed. and thereby harmed the American economy. (c) AUTHORITY PRESERVED.—Nothing in (b) PROHIBITION ON DATA-PASS USED TO FA- (4) The Committee showed that, in ex- this section shall be construed to limit the CILITATE CERTAIN DECEPTIVE INTERNET SALES change for ‘‘bounties’’ and other payments, authority of the Commission under any TRANSACTIONS.—It shall be unlawful for an hundreds of reputable online retailers and other provision of law. initial merchant to disclose a credit card, websites shared their customers’ billing in- SEC. 6. ENFORCEMENT BY STATE ATTORNEYS debit card, bank account, or other financial formation, including credit card and debit GENERAL. account number, or to disclose other billing card numbers, with third party sellers (a) RIGHT OF ACTION.—Except as provided information that is used to charge a cus- in subsection (e), the attorney general of a through a process known as ‘‘data pass’’. tomer of the initial merchant, to any post- State, or other authorized State officer, al- These third party sellers in turn used aggres- transaction third party seller for use in an leging a violation of this Act or any regula- sive, misleading sales tactics to charge mil- Internet-based sale of any goods or services tion issued under this Act that affects or lions of American consumers for membership from that post-transaction third party sell- may affect such State or its residents may clubs the consumers did not want. er. bring an action on behalf of the residents of (5) Third party sellers offered membership the State in any United States district court clubs to consumers as they were in the proc- (c) APPLICATION WITH OTHER LAW.—Nothing for the district in which the defendant is ess of completing their initial transactions in this Act shall be construed to supersede, found, resides, or transacts business, or on hundreds of websites. These third party modify, or otherwise affect the requirements of the Electronic Funds Transfer Act (15 wherever venue is proper under section 1391 ‘‘post-transaction’’ offers were designed to of title 28, United States Code, to obtain ap- make consumers think the offers were part U.S.C. 1693 et seq.) or any regulation promul- gated thereunder. propriate injunctive relief. of the initial purchase, rather than a new (b) NOTICE TO COMMISSION REQUIRED.—A transaction with a new seller. (d) DEFINITIONS.—In this section: State shall provide prior written notice to (6) Third party sellers charged millions of (1) INITIAL MERCHANT.—The term ‘‘initial the Federal Trade Commission of any civil consumers for membership clubs without merchant’’ means a person that has obtained action under subsection (a) together with a ever obtaining consumers’ billing informa- a consumer’s billing information directly copy of its complaint, except that if it is not tion, including their credit or debit card in- from the consumer through an Internet feasible for the State to provide such prior formation, directly from the consumers. Be- transaction initiated by the consumer. notice, the State shall provide such notice cause third party sellers acquired consumers’ (2) POST-TRANSACTION THIRD PARTY SELL- immediately upon instituting such action. billing information from the initial mer- ER.—The term ‘‘post-transaction third party (c) INTERVENTION BY THE COMMISSION.—The chant through ‘‘data pass’’, millions of con- seller’’ means a person that— Commission may intervene in such civil ac- sumers were unaware they had been enrolled (A) sells, or offers for sale, any good or tion and upon intervening— in membership clubs. service on the Internet; (1) be heard on all matters arising in such (7) The use of a ‘‘data pass’’ process defied (B) solicits the purchase of such goods or civil action; and consumers’ expectations that they could services on the Internet through an initial (2) file petitions for appeal of a decision in only be charged for a good or a service if merchant after the consumer has initiated a such civil action. they submitted their billing information, in- transaction with the initial merchant; and (d) CONSTRUCTION.—Nothing in this section cluding their complete credit or debit card (C) is not— shall be construed— numbers. (i) the initial merchant; (1) to prevent the attorney general of a (8) Third party sellers used a free trial pe- (ii) a subsidiary or corporate affiliate of State, or other authorized State officer, from riod to enroll members, after which they pe- the initial merchant; or exercising the powers conferred on the attor- riodically charged consumers until con- (iii) a successor of an entity described in ney general, or other authorized State offi- sumers affirmatively canceled the member- clause (i) or (ii). cer, by the laws of such State; or

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IN RECOGNITION OF JOANNA aspects of State government under current this collaboration of ideas, diligence and en- SACCONE Speaker Sheldon Silver. thusiasm and I hope their success in techno- While government may have been her ca- logical development will continue for many, HON. CAROLYN B. MALONEY reer, Ms. Saccone’s passion has been politics. many years to come. OF NEW YORK She has made a name for herself as a relent- f IN THE HOUSE OF REPRESENTATIVES less campaigner, a resourceful networker, and an extraordinary strategist. As a sounding HONORING THE LIFE OF GEORGE Tuesday, November 30, 2010 board, an adviser, and as a friend, there are BALTZER OSBORNE Mrs. MALONEY. Madam Speaker, I rise to few as adept as Ms. Saccone in navigating acknowledge the achievements of Joanna the complex path to victory. She has worked HON. JIM MATHESON Saccone, an outstanding New Yorker who has on many important city, state, and federal OF UTAH distinguished herself through years of service elections, including numerous judicial races. IN THE HOUSE OF REPRESENTATIVES to New York City and New York State. A re- Indeed, few have her track record of success spected, highly successful presence in New in helping judicial candidates navigate the intri- Tuesday, November 30, 2010 York politics for over thirty years, Joanna cacies of running a judicial race. Mr. MATHESON. Madam Speaker, today I Saccone has worked tirelessly on behalf of the Throughout her busy career and political ac- would like to honor an exemplary individual. people of New York her entire adult life. Ms. tivism, Joanna has been a devoted and dedi- As a young man, Mr. George Baltzer Osborne Saccone is known for her indefatigable advo- cated mother to her son, Phillip Anthony of the State of Utah valiantly sacrificed to cacy, her love of politics and her uncanny po- Saccone, whom she considers her greatest serve his country during World War II. Born in litical sense. accomplishment. 1920, we commemorated his 90th birthday on A lifelong resident of Greenwich Village, Jo- Madam Speaker, I ask that my distinguished November 7. At this time, I’d like to recognize anna Saccone has been deeply active in the colleagues join me in recognizing the enor- him and his comrades as members of ‘‘The political life of her community and her city. mous contributions to our civic and political life Greatest Generation’’ and thank them most She first became active in politics during her made by Joanna Saccone, and congratulate sincerely for their brave and selfless service. time at the prestigious Maxwell School of Syr- her on the occasion of her retirement. Mr. Osborne joined the Marines during acuse University in 1969. While earning a de- f WWII and began an eventful history in the gree in International Relations, Ms. Saccone service as a CB operator. He trained at Camp distinguished herself as a leader on campus, RECOGNIZING NEXTEER Pendleton, where he was assigned to the 4th organizing her fellow students to protest the AUTOMOTIVE division and stationed in Hawaii. From there, war in Vietnam. She cut her political teeth he was sent to Iwo Jima. When his division working on the successful Syracuse mayoral HON. DALE E. KILDEE landed, Mr. Osborne was an integral part of a campaign of Lee Alexander, the first Democrat OF MICHIGAN group of eight Marines whose mission was to to win the mayoralty of Syracuse in fifty years. IN THE HOUSE OF REPRESENTATIVES find high ground in order to radio ship’s bomb- Upon graduating in 1972, Ms. Saccone re- ing orders. During his service, Mr. Osborne turned home to New York City, and joined the Tuesday, November 30, 2010 consistently put his life on the line. At one Village Independent Democrats, where she Mr. KILDEE. Madam Speaker, I rise today point, a grenade was launched into a foxhole worked under the guidance of District Leader to recognize the workers, management and he had just evacuated. Fittingly, Mr. Osborne John LoCicero and worked to elect Village pol- owners of Nexteer Automotive as the com- was present on February 23, 1945, when the itician Ed Koch as Mayor of the City of New pany transitions to its new partnership with American flag was raised atop Mount York. In 1983, along with Mayor Koch and oth- Pacific Century Motors. Suribachi during the Battle of Iwo Jima. This ers, she broke away from the Village Inde- In 1906 the machining firm of Jackson, timeless symbol represents our country’s pendent Democrats and helped establish the Church, and Wilcox developed a better quality strength and more personally, Mr. Osborne’s Village Reform Democratic Club, which con- steering gear for Buick Motors and began dedication. tinues to play an important role in New York manufacturing the steering gear in Saginaw Even after active military service, Mr. City politics today. that same year. Four years later General Mo- Osborne continued to serve his country. After In her professional life, Ms. Saccone worked tors purchased Jackson, Church and Wilcox being discharged, he worked three jobs so his in the New York City Economic Development and renamed the company Saginaw Steering wife could stay home and raise their 12 chil- Administration, focusing primarily on the City’s Gear Division. Over the years, Saginaw Steer- dren. Mr. Osborne spent many years devoted budget and human resources. By 1976, she ing Gear Division became Saginaw County’s to his work as an administrator at the VA hos- had transitioned to a position in the office of largest employer as the sole supplier of steer- pital. He loves his family, which has grown to New York State Assembly Speaker Stanley ing mechanisms to General Motors. The first 21 children, 36 grandchildren, 26 great-grand- Steingut. This began a 34-year career as an power steering system, the first energy-ab- children, and 3 great-great-grandchildren. Assembly staffer, working under four Speakers sorbing steering column and the first adjust- George Baltzer Osborne’s sacrifice, bravery, in a variety of roles. Under Speaker Stanley able steering wheel were developed and built and service to family, career, and country Fink, she worked with House Operations, by Saginaw Steering Gear Division. Saginaw serve as hallmarks of a noble American life. where she advised Democratic Assembly Steering Gear became the Saginaw Division We recognize him today and express our grat- members on legislation, staffing, creation of and later Delphi Saginaw Steering Systems. itude for his contributions to this great country, newsletters and pamphlets, and media rela- As Nexteer Automotive they persist in innova- the United States of America. tions. She also assisted constituents who were tion, recently designing QuadraSteer and Ac- f having difficulty getting benefits to which they tive Steering drive train technology. Nexteer were entitled from State government. Speaker Automotive and Pacific Century Motors are TRIBUTE TO WENDELL L. Fink appointed her the first Sexual Harass- starting a ‘‘New Beginning’’ that will allow SAWYER, SR. ment Officer for the New York City region, an Nexteer to advance its products in the global appointment he reportedly called ‘‘the greatest marketplace. HON. JO BONNER political appointment of his career.’’ Under Madam Speaker, I ask the House of Rep- OF ALABAMA Speaker Mel Miller, she coordinated the first resentatives to join me in congratulating the IN THE HOUSE OF REPRESENTATIVES Employee Assistance Program, which aids employees and management of Nexteer Auto- employees on matters relating to alcohol and motive for their past achievements and as Tuesday, November 30, 2010 drug abuse and psychological ailments. She they embark upon a new international partner- Mr. BONNER. Madam Speaker, I rise to pay has continued her significant involvement in all ship with Pacific Century Motors. I welcome homage to the memory of a much-beloved

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

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K30NO8.001 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2006 CONGRESSIONAL RECORD — Extensions of Remarks November 30, 2010 member of South Alabama’s business commu- man’s watch. It’s seen in the cleaner air in our combating human trafficking and assisting chil- nity, Mr. Wendell L. Sawyer, Sr., of Mobile. public places, thanks to Dr. Troutman’s fight dren and other victims of this despicable Mr. Sawyer passed away on August 29, for a public smoking ban. And it’s found in his crime. This past October, the Somaly Mam 2010, at the age of 73 after a battle with leu- widespread efforts to reduce health disparities Foundation honored Mr. Prozes for his efforts kemia. and ensure every citizen of Louisville has the on behalf of those who are unable to fight for America is made great through the contribu- opportunity to live a long, fulfilling life. Through themselves. He was also recognized by the tions of local community leaders, either in that work and so much more, Dr. Troutman Asian Woman’s Center in October of 2009, for business or in public service, who give more has played a critical role in establishing Louis- his leadership on this important issue. than their share to better the lives of their fel- ville as a place where the health and well- Mr. Prozes has also been a vocal proponent low man. Wendell Sawyer was just such a being of every resident is a top priority. of the Rule of Law and is a recognized leader person. Every American should aspire to make their within his industry for advancing the Rule of Born in Monroeville, Alabama in 1937, Wen- community a better place. Along with his wife Law around the globe. LexisNexis, under Mr. dell moved with his parents to Chickasaw in Denise Vazquez Troutman, and her service at Prozes’ leadership, has provided thousands of Mobile County where he grew up, graduating Louisville’s Center for Women and Families, hours of pro bono work to protect basic from Vigor High School. the Troutmans have more than exceeded that human rights and help society flourish through A hardworking businessman with a friendly goal. independent judiciaries and fair and equal ac- manner and generous spirit, Wendell labored We in Louisville will miss Dr. Troutman’s cess to justice for all. in the retail furniture business for nearly 55 service but will continue to benefit from his Madam Speaker, please join me in con- years. He began his career with Sokol Fur- legacy for years to come. Though he and gratulating Mr. Prozes on his many accom- niture in Pritchard, Alabama. When the busi- Denise are leaving our community, the thou- plishments, and thanking him for the tremen- ness closed in 1970, he established his own sands of children and families that now have dous contributions he has made in promoting store, Sawyer Furniture, which became an better opportunities to be healthy and better the Rule of Law and helping to combat human icon in the community and the flagship for a chances to succeed in life will serve as long- trafficking around the globe. chain of five locations in the Mobile area. standing reminders of their work. Sadly, his Pritchard furniture store was lost Therefore, I ask my colleagues to join me f to a fire earlier this year. But local residents today in recognition of the extraordinary work HONORING SPECIALIST JESSE A. and customers remembered Wendell as a and dedication of Dr. Adewale Troutman to SNOW special kind of businessman; a person who al- Louisville, Kentucky. ways treated others as best friends. He also f helped those in need, returning the kindness HON. STEVE AUSTRIA that his community had bestowed upon him IN RECOGNITION OF ANDY PROZES OF OHIO and his family for more than a half century. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, Wendell Sawyer was a pil- HON. CAROLYN B. MALONEY Tuesday, November 30, 2010 lar of our community and his loss will be sore- OF NEW YORK Mr. AUSTRIA. Madam Speaker, while we ly felt. On behalf of the people of south Ala- IN THE HOUSE OF REPRESENTATIVES can never fully express the depth of our ap- bama, I offer condolences to his children, Tuesday, November 30, 2010 Wendell ‘‘Del’’ Sawyer, Jr., Dawn Sawyer preciation for those who give their lives to pro- Cooper, John H. Sawyer, and his grand- Mrs. MALONEY. Madam Speaker, I rise tect our freedoms, I rise today to recognize children, Jaclyn Sawyer, Wendell ‘‘Trey’’ L. today to recognize Global CEO of LexisNexis and honor the life of Specialist Jesse A. Snow. Sawyer, III, Jacob Cooper, Zachary Sawyer, Andy Prozes as he announces his retirement A 2003 Fairborn High School graduate and Cameron Cooper, Rachel Sawyer, Rebecca from the company. Andy Prozes has been the Army service member, Snow was killed while Sawyer, Kristen Sawyer and Joshua Sawyer, global CEO for more than 10 years. During his serving this country in Afghanistan on Novem- as well as his brothers and sisters, Elaine S. tenure, Mr. Prozes has transformed ber 14, 2010. He gave his life, along with four Sanford, Terrill Sawyer, Norville Sawyer, Mal- LexisNexis into one of the largest, most tech- other service members, in the defense of our colm Sawyer, and Emily S. Blount. You are all nologically advanced information solutions freedoms. in our thoughts and prayers. companies in the world. Today, LexisNexis Snow, 25, was full of energy and life. He had a kind spirit and he cared about everyone. f serves over one million users daily and has over 17,000 employees in over 100 locations He never let an opportunity pass by to make IN RECOGNITION OF THE SERVICE around the world. LexisNexis’ global head- sure those around him were laughing and OF DR. ADEWALE TROUTMAN TO quarters is located in my district in Manhattan smiling. He is remembered by many as often LOUISVILLE and employs over 800 people. telling jokes and expressing his personal care Mr. Prozes’ positive impact on LexisNexis for others. HON. JOHN A. YARMUTH and the people who work there will be felt long Snow was content with life but felt a calling OF KENTUCKY after he retires. Mr. Prozes grew LexisNexis to serve. Friends and family remember him as IN THE HOUSE OF REPRESENTATIVES from $1.7 billion in revenue in 2000 to over $4 a noble gentleman who always placed others’ billion in 2009. In addition to serving corporate needs in front of his own. In April of 2009 he Tuesday, November 30, 2010 and legal clients, LexisNexis provides impor- joined the U.S. Army, as an infantryman as- Mr. YARMUTH. Madam Speaker, I rise in tant information solutions to federal and state signed to the 1st Battalion, 327th Infantry recognition of a man whose service to my law enforcement agencies in New York and Regiment, 1st Brigade Combat Team, 101st hometown has not just improved our commu- across the country to help them locate missing Airborne Division (Air Assault), Fort Campbell, nity, but has literally saved lives. Since 2003, children, investigate crimes, and track down Kentucky. Dr. Adewale Troutman has led the Louisville sex offenders and other criminals. He served with distinction and his awards Metro Department of Health and Wellness with Protecting children is one of Mr. Prozes’ and decorations include the National Defense an ambition only topped by his achievements. passions. Under Andy Prozes’ leadership, Service Medal, the Global War on Terrorism As he moves on from our community to pur- LexisNexis has donated information solutions Service Medal, the Army Service Ribbon, the sue new opportunities, no one can doubt that to the National Center for Missing and Ex- NATO Medal and Combat Infantryman Badge. his work has left our community healthier and ploited Children (NCMEC) to help that organi- Survived by his parents, John W. Snow, Sr., stronger. zation accomplish its important mission. With and Janice Snow of Fairborn, and siblings, Locally and nationally, Dr. Troutman’s name the help of information provided by Snow is remembered as a loving son, brother has become synonymous with the fight to LexisNexis, NCMEC has recovered hundreds and uncle. His devotion to his family, friends, achieve real health equity and better health of missing children and reunited them with fellow service members, and to this nation are outcomes for each and every one of our citi- their loved ones. honorable. A hard worker and a loyal patriot, zens. And, his legacy is visible in every corner Mr. Prozes has also been a leader in the he selflessly served this country with bravery of our community. battle against human trafficking—particularly and valor. It’s evident at Healthy Start, the Louisville with respect to the horrific practice of traf- Thus, it is that I stand on behalf of those program that has dramatically reduced infant ficking young boys and girls as sex slaves. Mr. constituents of the Ohio’s Seventh Congres- mortality and provided exceptional care to ex- Prozes is an active supporter of the Somaly sional District to honor the life and memory of pecting and new mothers under Dr. Trout- Mam Foundation, an organization dedicated to Specialist Jesse A. Snow, a true hero.

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A30NO8.003 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 30, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2007 HONORING JACOB GEORGE The historic community of Dutch Kills traces the accident victims and their families. His ef- HUDSON its origins back to the original settlers of forts have made a difference. Queens in the seventeenth century, who were Ron Hayes began his journey to improve HON. JOHN J. DUNCAN, JR. first granted a license to settle the area in workplace safety in 1993 when he lost his be- OF TENNESSEE 1642. In recognition of that heritage, the Dutch loved 19-year-old son, Patrick, to a grain silo IN THE HOUSE OF REPRESENTATIVES Kills Civic Association adopted a windmill as accident in Florida. Facing tremendous emo- Tuesday, November 30, 2010 part of its logo when it was first founded in tional pain, Ron and his wife, Dot, sought de- 1979. tails of their son’s death as well as survivor’s Mr. DUNCAN. Madam Speaker, Jacob Under the able stewardship of its President, benefits from local, state and federal agencies, George Hudson, or Shag as he was known by Gerald J. Walsh, and its Executive Director, only to be met with delays and few answers. almost everyone, is one of the most liked and George Stamatiades, the Dutch Kills Civic As- After two years of navigating the bureaucracy, respected men in Greenback, Tennessee, a sociation embraced as its mission the pro- they resolved to learn everything they could town in my District. I recently received the sad motion and stimulation of a more active par- about workplace safety standards and sought news that Shag passed away at the age of 93. ticipation in the improving and maintaining of ways to both improve job safety rules and en- He lived a long life full of family, friends, and proper services of the community. The Asso- forcement. the respect of everyone who knew him. ciation focuses on maintaining the quality of Ron Hayes’ dedication resulted in the revi- He was a very close friend to both me and life and assuring the adequate delivery of mu- sion of the Occupational Safety and Health my late father and one of the strongest sup- nicipal government services in the areas such Administration’s, OSHA, grain handling stand- porters we ever had. as health, safety, housing, ecology, highways ards. But this was only the beginning.. Ron Although Shag accomplished much personal and traffic, sanitation, lighting, education, fire, and his wife founded the Families In Grief success, his devotion to God, family, and police protection, youth and senior citizens Hold Together Project, a non-profit group de- Country always came first. welfare, planning and zoning development, He was a member of Greenback First Pres- voted to assisting families and workers cope consumer protection, utilities, fair taxation, and byterian Church for 62 years and served his with the consequences of workplace accidents water supply. Its members seek to represent, congregation in every way possible as an and deaths. unite, and mobilize the Dutch Kills community Elder and Deacon. Before his death, Shag Some 10,000 people lose their lives while in order to maintain the community as a desir- asked that people donate to the Greenback working each year. Ron Hayes worked with able place in which to live and work. First Presbyterian Church Building Fund upon OSHA to create a policy which the agency The Dutch Kills Civic Association made an his passing instead of sending flowers. Even often uses in communicating with family mem- invaluable contribution to city planning efforts in death, he continued to give. bers after a workplace accident. Shag also devoted his life to his community. when it commissioned a land use survey and Since its founding, the FIGHT Project has He served on the Loudon County Commission report in March and April of 2005 . The Survey reached out to nearly 800 families, providing from 1954–1982. In that capacity, he married included a Visual Field Inspection of land use valuable help in the grieving process, negoti- more than 3,000 couples. I cannot think of a in the Dutch Kills community, with the results ating the red tape and finally, in healing. better way to strengthen the base of a com- were placed on 37 grid maps that were color Ron Hayes could have stopped there, but munity than with an investment in family, and coded, graphed and totaled. The survey in- his dedication to improving worker safety has Shag has been there from the beginning for spected all structures on streets, avenues and motivated him to speak to almost 50,000 so many families in Greenback. Shag did not roads in the Dutch Kills community and has workers and taken him to some of the largest just officiate the ceremonies, but he also provided an invaluable guide to community companies in the world. He has testified be- served as a living example of commitment leaders, residents, and civic planners. fore Congress on numerous occasions and Madam Speaker, I am proud to offer my through his 69-year marriage to his wife Willie has served as a special advisor to the Senate heartiest congratulations to the Dutch Kills Dixon Hudson. Labor Committee. Many in Greenback also know Shag from Civic Association as it marks three decades of Ron Hayes has been awarded many awards his 65 years as a cattle broker and his 60-year representing its community in western for humanitarian efforts. membership in the Greenback Masonic lodge. Queens. I salute the work of the Dutch Kills Madam Speaker, on behalf of this entire He is especially proud of the time he spent Civic Association and I ask that my distin- House, I commend Ron Hayes’ selfless dedi- as a member of the Farm Service Agency guished colleagues join me in recognizing the cation to worker safety while providing comfort State Committee from 1987–1992. In this posi- outstanding work of the Association and its and valuable counsel to families. tion, he was able to help farmers all across members for their many contributions to the In our society it is possible for one person, the State of Tennessee. civic life of our nation’s greatest city. or in this case a husband and wife, to make Madam Speaker, I would like to call the re- f a difference that will positively impact the lives of millions. Ron Hayes has shown us that a markable life of Shag Hudson to the attention RECOGNIZING THE IMPORTANT lone voice for good can not only be heard, but of my Colleagues and other readers of the CONTRIBUTIONS OF RON HAYES can change society for the better. RECORD and extend my sympathies to his wife TOWARDS ENHANCING WORK- Willie, son and daughter-in-law Ronald and PLACE SAFETY AND AWARENESS Judy Hudson, daughter and son-in-law Brenda f and Johnny Powell, five grandchildren, five PERSONAL EXPLANATION great grandchildren, and brother Howard. He HON. JO BONNER is greatly missed and fondly remembered by OF ALABAMA ´ everyone lucky enough to have known him. IN THE HOUSE OF REPRESENTATIVES HON. LINDA T. SANCHEZ OF CALIFORNIA f Tuesday, November 30, 2010 IN THE HOUSE OF REPRESENTATIVES Mr. BONNER. Madam Speaker, I am hon- IN HONOR OF THE DUTCH KILLS Tuesday, November 30, 2010 CIVIC ASSOCIATION ored to bring to the attention of the House the work of a remarkable American and con- Ms. LINDA T. SA´ NCHEZ of California. HON. CAROLYN B. MALONEY stituent of mine, Mr. Ron Hayes, of Fairhope, Madam Speaker, unfortunately, I was unable to be present in the Capitol for votes on Mon- OF NEW YORK Alabama. As blessed as we are to be living in Amer- day, November 29, 2010. IN THE HOUSE OF REPRESENTATIVES ica, we would do well to remember that our However, had I been present, I would have Tuesday, November 30, 2010 society continues to be enhanced through the voted as follows: Mrs. MALONEY. Madam Speaker, I rise to noble efforts of those who tirelessly and pas- ‘‘Yea’’ on H.R. 5877 to designate the facility pay special tribute to the Dutch Kills Civic As- sionately pursue a better quality of life for us of the United States Postal Service located at sociation, a not-for-profit organization that has all. These often unsung heroes seek only the 655 Centre Street in Jamaica Plain, Massa- made significant contributions to the economic reward of knowing they have transformed our chusetts, as the ‘‘Lance Corporal Alexander and civic life of the community in western laws and our land for the better. Scott Arredondo, United States Marine Corps Queens that it serves. This month, the Dutch I rise today to honor one such individual Post Office Building.’’ Kills Civic Association is celebrating its 30th who has spent nearly two decades advocating ‘‘Yea’’ on H. Res. 771, supporting the goals Anniversary Fundraiser and Celebration at for the safety of all Americans in the work- and ideals of a National Mesothelioma Aware- Riccardo’s by the Bridge in Astoria, Queens. place and to provide timely moral support to ness Day.

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A30NO8.007 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2008 CONGRESSIONAL RECORD — Extensions of Remarks November 30, 2010 HONORING CHARLOTTE NEWFELD nity that he has served as an elected official businessman, historian and author who re- with distinction for more than a quarter cen- cently passed away at the age of 81. HON. MIKE QUIGLEY tury. A consummate scholar, a lover of military A compassionate, dedicated public servant, OF ILLINOIS traditions and the foremost authority on the Senator Onorato is deservedly respected by IN THE HOUSE OF REPRESENTATIVES Civil War history of Mobile Bay, Jack Friend colleagues on both sides of the aisle in both was passionate about Mobile and its past. Tuesday, November 30, 2010 chambers of the New York State Legislature. A native of Mobile, Jack Friend was a grad- Mr. QUIGLEY. Madam Speaker, I rise today Since first being elected to represent the peo- uate of McGill Institute, the Virginia Military In- to honor an important member of the Chicago ple of his beloved Queens in the New York stitute, and the Tuck School of Business at community, Charlotte Newfeld, who celebrated State Senate in 1983, he has successfully Dartmouth College. her 80th birthday on November 26. sponsored legislation to preserve and improve Jack proudly served in the U.S. Army as a Charlotte has long been an outstanding ac- the quality of life for consumers, tenants, the 1st Lieutenant and tank company commander tivist in the community since she moved to environment, members and fellow veterans of in Korea. His deep reverence for military serv- Chicago in the 1950s. Since then, she has the U.S. armed forces, and the elderly, includ- ice and his country were an important part of been a marathon runner of community activ- ing hundreds of thousands of Medicare pa- Jack’s life. ism, tackling a myriad of important issues. tients. He has served in the Senate leadership After his military service, he founded a mar- One such issue is her dedication to equal since 1992, currently holding the position of ket research company in Mobile which he rights for the Lesbian, Gay, Bisexual and Assistant Majority Leader and the Senate Ma- headed for some 25 years. Transgender community. Among other accom- jority’s Liaison to the Executive Branch. Draw- Jack made his mark as a local military histo- plishments, she helped establish the Chicago ing on the keen understanding of the needs of rian. In 2004, he wrote the definitive work on working men and women that he developed Mayor’s Committee on Gay and Lesbian the Civil War history of Mobile Bay—‘‘West while serving for a decade and a half as Sec- Issues and lobbied for the passage of the Wind, Flood Tide: The Battle of Mobile Bay.’’ retary/Treasurer of Bricklayer’s Local #41, city’s gay-inclusive human rights ordinance. In Jack was also a lover of the outdoors, George Onorato is Chairman of the Senate 1996, she was inducted into the Chicago Gay sports fishing and local wildlife and was a Standing Committee on Labor. He has also member of many civic and historic organiza- and Lesbian Hall of Fame as a Friend of the been a champion of the environment and in tions in Baldwin and Mobile counties. Community. particular on issues involving air quality and I wish to extend my condolences to Jack’s Additionally, Charlotte has been a vocal on waterfront development. He has also been family for their loss: his wife, Venetia Friend; green advocate and environmentalist. Serving a passionate and effective advocate for pro- as the project director of the Bill Jarvis Migra- viding more affordable housing for the elderly his sons, John Friend and Danner Friend; and tory Bird Sanctuary, she organizes volunteers and for moderate and low income New York- his sister, Emily Bayle; and five grandchildren. to keep the area clean and safe. Due to her ers. He is a past President of the Conference You are all in our thoughts and prayers. steadfast dedication to the eight acres of the of Italian American Legislators. f sanctuary, she has earned the nickname In addition to his long and distinguished ten- some have given her, ‘‘the Jarvis Earth moth- IN RECOGNITION OF MR. DONALD ure as a New York State Senator, George WILLIAMS, SR. er.’’ Onorato served heroically in our nation’s Twenty years ago, I saw firsthand the tenac- armed forces. He earned a Presidential Cita- ity and dedication with which Charlotte pur- tion for his service in the United States Army, HON. VERNON J. EHLERS sued every issue she found important, from 118th Medical Battalion from 1950 to 1952. OF MICHIGAN LGBT and environmental issues to an organi- Steadfast in his devotion to his fellow veterans IN THE HOUSE OF REPRESENTATIVES zation we founded together: CUBS, or Citizens and those currently serving in the armed Tuesday, November 30, 2010 United for Baseball in Sunshine. The commu- forces, he sponsored legislation providing stu- nity would be better off if we had more people dent aid to Vietnam veterans, and in 1997 in- Mr. EHLERS. Madam Speaker, it is my dis- like her. troduced a measure to increase the level of tinct pleasure to join with students, parents, Madam Speaker, I ask my colleagues to join such funding. He sponsored and supported friends and staff of Mr. Donald Williams, Sr., me in recognizing Charlotte Newfeld for her legislation to help develop a database for re- to pay tribute to him as he steps back from his years of service and to thank her for 80 great search on dioxin-related birth defects of chil- intense community involvement including his and dedicated years. dren born to Vietnam veterans. And in 2003, work with the Gerald R. Ford Job Corps Cen- ter. I have had the privilege of working on f Senator Onorato helped found the bipartisan New York State Armed Forces Legislative many civic and community activities with Don IN RECOGNITION OF THE HONOR- Caucus. throughout the years, and am delighted to ABLE GEORGE ONORATO, DISTIN- In addition to his dedicated public service, honor him today. GUISHED NEW YORK STATE SEN- George Onorato is deeply devoted to his fam- Don Williams, Sr. received his Bachelor’s ATOR ily and his faith. He is married to the former degree in special education at Eastern Michi- Athena Georgakakos. They have three adult gan University and went on to receive a Mas- HON. CAROLYN B. MALONEY children, Joanne, George and Janice, and six ter’s degree in educational administration from OF NEW YORK grandchildren. His wife regularly accompanies West Virginia University. Assuming responsi- IN THE HOUSE OF REPRESENTATIVES him to legislative sessions in Albany, where bility for the administration of special colleges the two of them are a universally admired and at Rutgers University was the beginning of Tuesday, November 30, 2010 inseparable couple. Don’s career, which has spanned over 30 Mrs. MALONEY. Madam Speaker, I rise to Madam Speaker, in recognition of his coura- years of experience in the administration of pay tribute to Senator George Onorato, a dis- geous wartime service to our country in the special programs with special emphasis and tinguished public servant who will be retiring United States Army, to the people of the State political sensitivity. from the New York State Legislature at the of New York, and to his beloved family, I ask Throughout his career, Don has received end of the current session. Throughout his ca- that my distinguished colleagues join me to widespread recognition for his considerable reer, George Onorato has devoted himself to pay tribute to the enormous contributions to talent in assisting minority students. In 1980, his country and to public service. civic life made by the Honorable George his devotion to improving opportunities for mi- In recognition of his lifetime of service to Onorato. nority youth led him to Grand Rapids, when he others, Senator Onorato was honored last f was approached by a group of educators and month by the Taminent Democratic Club in TRIBUTE TO JOHN ‘‘JACK’’ HENRY professionals working to create a residential Astoria, New York. George Onorato has FRIEND, JR. training center for youth. This position led Don served as the Chair of its Board of Directors to be named Director of the Minority Business since 1972, and this year is marking his sixth Education Center at the prestigious F.E. decade as an active Club member. As its HON. JO BONNER Seidman School of Business at Grand Valley OF ALABAMA Male District Leader, he has helped ensure State University. In 1989, he was named IN THE HOUSE OF REPRESENTATIVES the Taminent Club’s premier status as one of GVSU Dean of Minority Affairs/Multicultural the largest and most active Democratic polit- Tuesday, November 30, 2010 Center. During his service at GVSU, Don co- ical clubs in all of Queens County. He is a life- Mr. BONNER. Madam Speaker, I rise to pay ordinated and developed programs to assist long resident of the western Queens commu- tribute to Mr. Jack Friend, a respected Mobile minority students on campus, and created a

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A30NO8.010 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 30, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2009 very visible and dynamic outreach to other personally attest that these honorable men Madam Speaker, I request that my distin- community organizations and activities, includ- and women serve our community with just as guished colleagues join me in honoring Pam- ing development of the Minority Teacher Edu- much energy and dedication as they do our ela Hanlon, a great New Yorker and a great cation Center and Minority Science Education country. I have seen them volunteering, par- American, for her devotion and service to the Center. For the past several years, Don has ticipating in the community, serving as positive Turtle Bay community and for her contribu- devoted his time and talents to the Gerald R. role models for our young people, and so tions to the civic life of our nation’s greatest Ford Job Corps Center, an organization that much more. city. provides quality job training and education so I am proud to be a lead co-sponsor of this f students can become equipped with the skills resolution honoring the men and women serv- TRIBUTE TO THE HONORABLE and self-discipline necessary for success in to- ing at Travis Air Force Base and I would like HENRY E. BROWN, JR. day’s workforce. to thank my friend and colleague, Representa- Don has been recognized by the Grand tive GARAMENDI, for introducing it. Once again, Rapids Area Chamber of Commerce as Minor- my deepest thanks to the men and women of HON. DON YOUNG ity Advocate of the Year, has received the Team Travis and I ask that all of my col- OF ALASKA coveted Liberty Bell award from the Grand leagues join me in supporting this important IN THE HOUSE OF REPRESENTATIVES Rapids Bar Association, and was named the resolution. Tuesday, November 30, 2010 Walter E. Coe Giant for Outstanding Commu- f Mr. YOUNG of Alaska. Madam Speaker, at nity Service in 1991. In 2008, he received spe- IN HONOR OF PAMELA HANLON the end of the 111th Congress, our distin- cial recognition from the Grand Rapids com- guished colleague from Hanahan, South Caro- munity by being named their ‘‘Giant Among lina, the Honorable HENRY E. BROWN, JR., will Giants.’’ HON. CAROLYN B. MALONEY retire from this institution. Congressman When Don received the Giants award, I OF NEW YORK HENRY BROWN has served the people of the wrote him that his life is notable because of IN THE HOUSE OF REPRESENTATIVES 1st Congressional District, those living in his commitment to ending racial inequities and Tuesday, November 30, 2010 South Carolina, and this nation with the high- mentoring the next generation. Through his est distinction for the past twenty nine years. strong convictions, Don has demonstrated to Mrs. MALONEY. Madam Speaker, I rise to His distinguished career in public service others that lives can be transformed. He has honor Ms. Pamela Hanlon. Ms. Hanlon has began on the Hanahan Planning Commission a unique and wonderful willingness to be out- devoted herself to others and to her beloved and City Council in 1981. Four years later, he spoken when he senses an injustice. Many of community of Turtle Bay on Manhattan’s East was elected to the South Carolina House of us have been influenced by Don’s unwavering Side. This month, her efforts are being hon- Representatives and he became the first Re- principles but, along the way, he has never ored by the Turtle Bay Association at its an- publican Chairman of the Ways and Means lost his perspective or his great sense of nual meeting. Committee. In that capacity, just like President humor. A longtime journalist and public relations Ronald Reagan, he successfully led the fight Having the chance to impact students in a professional, Ms. Hanlon has lived in Turtle for the largest tax cut in the history of the very positive way lured Don to our community, Bay with her husband, Charles Hanley, since state. It has been his consistent view that the and with his vision of hope, he has mightily 1976. She began her career as a journalist hardworking men and women of South Caro- impacted not just our youth, but all of us as with the Associated Press, and eventually lina deserve to keep more of their hard earned well. May his love for community, students moved to the field of corporate communica- money and not the government. and a brighter future through education never tions, where she rose to become Vice Presi- After serving fifteen years in the South end! dent for Public Relations at American Express. Carolina legislature, HENRY BROWN was over- She has also dedicated herself to the better- f whelmingly elected by the voters of the 1st ment of the community throughout that time, Congressional District and for the past decade RECOGNIZING THE EXEMPLARY serving on the Board of Directors of the Turtle has served on the House Committees on Nat- SERVICE OF ‘‘TEAM TRAVIS’’ Bay Association and as Editor of its news- ural Resources, Transportation and Infrastruc- letter, the Turtle Bay News. Ms. Hanlon au- ture and Veterans’ Affairs. He has also served HON. GEORGE MILLER thored a handsome volume about the postwar as the Co-Chairman of the Coastal Caucus, OF CALIFORNIA history of the fabled neighborhood. Her book, Congressional Friends of Canada Caucus, IN THE HOUSE OF REPRESENTATIVES Manhattan’s Turtle Bay: Story of A Midtown Congressional Shellfish Caucus and the Port Neighborhood, offers an incisive, engaging Tuesday, November 30, 2010 Security Caucus. look at the charming enclave to which she has For the past two Congresses, he has served Mr. GEORGE MILLER of California. Madam been so devoted. as the Ranking Republican on the House Nat- Speaker, I rise today to recognize the enor- The Turtle Bay neighborhood is one of the ural Resources Subcommittee on Insular Af- mous contributions of those serving our coun- most storied in our nation’s greatest city, dat- fairs, Oceans and Wildlife. By working in a bi- try at Travis Air Force Base in my home state ing back to 1639, when the Dutch rulers of partisan manner with the Chairwoman of that of California. The 60th Air Mobility Wing, the Manhattan Island granted two English settlers Subcommittee, the Honorable MADELEINE Z. 349th Air Mobility Wing, the 15th Expedi- a land grant. Turtle Bay’s natural beauty was BORDALLO of Guam, HENRY BROWN was suc- tionary Mobility Task Force, and the 615th noted by famous Americans from Horace cessful in having at least two of his legislative Contingency Response Wing, as well as the Greeley to Edgar Allan Poe. Today, as the proposals enacted into law. These include civilians and families serving at Travis have home to the United Nations, Turtle Bay is a fit- H.R. 3891, the National Fish and Wildlife truly served our community and our Nation ting symbol of New York City’s status as the Foundation Act Amendments of 2008 and with the utmost dignity, honor and courage, capital of the world. Famous Turtle Bay resi- H.R. 1454, the Multinational Species Con- and they truly deserve all of our respect. dents have included Katherine Hepburn, Wal- servation Funds Semipostal Stamp Act of The members of ‘‘Team Travis’’ have gone ter Cronkite, Kurt Vonnegut, Dorothy Thomp- 2010. Congressman BROWN remains hopeful above and beyond the call of duty in serving son, Derek Jeter, and the brilliant Broadway that prior to adjournment this year, the Senate our Nation in missions around the globe. The composer Stephen Sondheim. will adopt his bill, H.R. 509, the Marine Turtle active duty members and civilians who serve For more than half a century, the dedicated Conservation Reauthorization Act which out of Travis have flown hundreds of thou- members of the Turtle Bay Association have passed the House of Representatives last sands of hours in a number of military con- served as passionate and conscientious stew- year. flicts, as well as humanitarian and peace- ards of one of Manhattan’s most celebrated While these represent just a few of the leg- keeping missions. Most recently, Team Travis and historic neighborhoods. Its members have islative proposals he has championed, his tire- provided search and rescue personnel, med- conserved their area’s low-rise architectural less dedication and leadership in sponsoring ical experts and supplies, and 82,600 pounds cohesiveness and esthetic beauty by success- H.R. 1454 is an excellent example of why the of cargo in support of the relief mission fol- fully fighting for rezoning efforts. They have people of the 1st Congressional District in lowing the January 12, 2010 earthquake in also undertaken numerous neighborhood South Carolina have come to know their Rep- Haiti. beautification initiatives, and, thanks in large resentative as a ‘‘workhorse’’ and not a ‘‘show As a congressman representing much of part to Ms. Hanlon’s tireless efforts, have kept horse’’. Solano County, California, many members of Association members informed through the Let me spend just a few minutes talking Team Travis are my constituents, and I can publication of regular newsletters. about H.R. 1454. This is a remarkable bill,

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A30NO8.012 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2010 CONGRESSIONAL RECORD — Extensions of Remarks November 30, 2010 which I was pleased to co-sponsor. At a time the past three years to help Latino youth at- for two of Mobile’s women’s Mystic Organiza- of record federal deficits, this proposal will tend institutions of higher education. tions parades. raise a significant amount of money to save Mr. Rodriguez’s dedication to improving the Wilbur was an icon of the Mobile area per- some of the most beloved and endangered lives of children is truly inspirational. He has forming arts and especially Mardi Gras, and iconic wildlife species on this planet without expanded his personal successes into youth his absence will be deeply felt across our spending a single dime of taxpayer money. In programs based in love and respect and has community. addition, while the 111th Congress will be re- laid a foundation in which pupils build con- On behalf of the people of Mobile, I offer my membered for its highly partisan environment, fidence, learn discipline, and gain positive condolences to his sister, Miss Alilee Pillman; this bill was co-sponsored by 86 Democrats educational experiences. his grandchildren, Elizabeth, Michael, Joseph, and 68 Republicans. Even more remarkable, it Madam Speaker, it is my privilege to speak Mary Grace, Sarah and Emma Rose Kennedy, has been endorsed by more than 40 different of the contributions stemming from Mr. Christina, Jennifer, and Theresa Cranford, organizations including the Humane Society of Rodriguez’s vision not just in my community, Claire, Sophie, and Dane Arden, and Aubrey the United States and Safari Club Inter- but throughout the nation, and I strongly en- River Gewehr and his many many friends. national, two groups that do not agree on courage passage of H. Res. 1430. You are all in our thoughts and prayers. many issues. f f Under this simple but innovative approach, the American people will be given the oppor- TRIBUTE TO WILBUR PILLMAN, IN RECOGNITION OF DR. MURRAY tunity to voluntarily purchase U.S. postal JR. ITZKOWITZ stamps and certain proceeds from their sale will assist in saving African and Asian ele- HON. JO BONNER HON. CAROLYN B. MALONEY phants, rhinoceros, tigers, Great Apes and OF ALABAMA OF NEW YORK marine turtles for future generations. This leg- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES islation is a tribute to Congressman BROWN’s Tuesday, November 30, 2010 Tuesday, November 30, 2010 perseverance and leadership. During his distinguished career in public Mr. BONNER. Madam Speaker, I rise to pay Mrs. MALONEY. Madam Speaker, it is my service, the hard work of Congressman HENRY tribute to the memory of a beloved citizen of great privilege to pay tribute to Dr. Murray BROWN has not gone unnoticed. In fact, Mobile, Alabama and denizen of the arts who Itzkowitz, who is receiving the 2010 Adaptive among the awards he has received are the passed away October 15, 2010. Design Association Lifetime Achievement College of Charleston’s Founders Medal in Wilbur Pillman was a graduate of McGill In- Award. His leadership, advocacy and contribu- 2005, the National Republican Legislator of stitute and served with the U.S. Navy, Pacific tions to children with disabilities and his work the Year Award, the South Carolina Associa- Theatre, during World War II. He was a tal- on behalf of the mental health rehabilitation tion of Realtors Legislator of the Year, the ented artist, dancer and director, appearing in community have enhanced the lives of count- South Carolina Taxpayers Watchdog Award many musical productions of the Mobile less individuals throughout my district and the and the Order of the Palmetto in 2000. This Catholic Theatre Guild later the Mobile The- greater New York City area. award is the highest honor a civilian can re- atre Guild. He was president of the First The- Dr. Itzkowitz joined the board of directors of ceive from the State of South Carolina. atre of the Deep South in Prichard, took part the Adaptive Design Association (ADA) in Madam Speaker, at the end of this year, in Mobile Optimist Club’s annual minstrel, and 2005. The ADA’s mission is to ‘‘engage fami- this outstanding representative of the people served in many church, civic and social orga- lies, schools, and communities in the process of the 1st Congressional District will return to nizations as performer and director. of designing and building responsible, child- his beloved farm in Berkeley County, South Wilbur formed and directed the Phi Gamma specific, adaptive equipment.’’ Carolina. I wish him and his entire family the Chi High School Sorority annual ‘‘Follies’’ for As a board member, Dr. Itzkowitz played a very best in the future. many years, and directed and performed in pivotal role in the relocation of the ADA’s the Alpha Delta Kappa Sorority’s annual ‘‘Min- workshop and training center to a more appro- f strel’’. He directed and performed in the Amer- priate space in Midtown Manhattan. Dr. HONORING JUAN ANTONIO ‘‘CHI ican Business Women’s yearly ‘‘Riverboat Fol- Itzkowitz recognized that the organization’s CHI’’ RODRIGUEZ lies’’ as well as the Insurance Women’s an- small space on Riverside Drive was limiting its nual show for ‘‘Boss Wright’’ He co-directed ability to fulfill its mission and urged the orga- HON. GUS M. BILIRAKIS and performed in the annual Epsilon Chapter, nization to move to a larger and more central OF FLORIDA and the Phi Delta Kappa Business Men’s Fra- location. His passion for the organization is IN THE HOUSE OF REPRESENTATIVES ternity show for the March of Dimes. contagious and has led to the recruitment of Wilbur also served as guest artist, director new board members and relationships that Tuesday, November 30, 2010 and performer for many local conventions, the continue to allow the organization to grow. In Mr. BILIRAKIS. Madam Speaker, I rise Convent of Mercy’s annual ‘‘Soiree’’, as well April 2010 Dr. Itzkowitz was recognized for his today to honor Juan Antonio ‘‘Chi Chi’’ as the Shriner’s annual charity benefit shows. exceptional drive and dedication by being Rodriguez for the remarkable work he has Mr. Pillman had the lead in three local produc- elected Vice Chair of the Board. done to improve the lives of so many at-risk tions of ‘‘The Music Man’’ as well as starring Dr. Itzkowitz has been a tireless advocate youth. The same dedication and determination as ‘‘George M’’. and visionary for vulnerable populations. In he displayed on the golf course is now readily He also lent his talents to many of Mobile’s 1954 he was one of the founding members of apparent in his community service through Mardi Gras Mystic Societies where he de- The Bridge Inc. (The Bridge) a non-profit orga- youth programs. signed costumes, wrote tableaus, narrated the nization at the forefront of mental health and While visiting a juvenile detention center in balls, choreographed the skits, and often per- rehabilitative services. He became the first full Florida, Mr. Rodriguez realized a better way to formed to open some of the balls. Through the time Executive Director of The Bridge in 1969 help at risk children succeed. Through dis- University of South Alabama he spoke for and retired in 2000. Under Dr. Itzkowitz’s di- cipline and responsibility on the golf course, many years to the visiting ‘‘Snowbirds’’ on the rection, The Bridge has matured from a small, instructors work with youth to build self-es- history and background of Mardi Gras and its self-help group to an award-winning and na- teem, character, work ethic, social adjustment, activities, often appearing in a colorful cos- tionally recognized organization that annually and academic performance. tume. He was a regular volunteer at the Mo- serves more than 1,500 adults. To realize his goals of helping to advance bile Carnival Museum as a docent from its be- During his tenure as Executive Director, Dr. children both intellectually and morally, Mr. ginning. Itzkowitz nurtured The Bridge’s comprehensive Rodriguez has been instrumental in raising As a member of his beloved Mystic Stripers and pioneering approach to treatment. With over $4 million for his youth foundation, which Society since 1955, he was knighted into the his support and guidance The Bridge devel- supports his Academy. I am honored that that Royal Order of Stripers in 2000, being the oped programs that could meet the growing Chi Chi Rodriguez Academy is in my Congres- third recipient of this honor. In 2008, upon the needs of its clients. In the 1970s, Dr. Itzkowitz sional District. celebration of his 50th year as the society’s of- identified the need for supervised residences I addition to the 600 children that benefit an- ficial Court Jester, Wilbur was honored by the and expanded The Bridge’s services to in- nually from the inspiration of his programs on Stripers when the theme of their annual pa- clude housing. Under his leadership, The the golf course, Mr. Rodriguez has been able rade and ball was based around the Court Bridge developed properties throughout New to provide more than 430 scholarships over Jester, and he also served as Grand Marshall York City and today houses 902 adults, many

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A30NO8.014 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 30, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2011 of whom suffer from not only mental health While I have no doubt Kevin has many new ment Alliance, a not-for-profit organization that issues but also homelessness, substance exciting chapters left to write in his life, I take has made extraordinary contributions to the abuse disorders, and HIV/AIDS—a notable in- this moment to commemorate his achieve- economic and civic life of the residents of un- crease from the first residency they estab- ments of the last 4 decades. derserved communities in western Queens. lished in 1979 which housed only 20 clients. Kevin Ridley is the son of an Air Force colo- This month, the East River Development Alli- Dr. Itzkowitz was also instrumental in cre- nel and learned early in life the meaning of ance (ERDA) is celebrating its Sixth Anniver- ating The Bridge’s Vocational and Job Train- commitment to country and family. Following sary Fundraiser and Celebration at the Ace ing Services, a key element of rehabilitation in his father’s footsteps, Kevin enlisted in the Hotel in Manhattan. that had long been neglected. Building on Dr. Air Force in late 1968, after graduating high Under the able stewardship of the Bishop Itzkowitz’s responsive approach to treatment; school in Tokyo, Japan. Mitchell Taylor, the East River Development today, The Bridge offers mental health and Trained as a weapons loader for A–7 and Alliance helps residents of New York City substance abuse treatment, housing, voca- F–100 jet fighters, Kevin was stationed at Housing Authority complexes and other New tional training, and job placement, healthcare, Luke Air Force Base in Arizona for 2 years be- Yorkers with limited income achieve economic education and creative arts therapies. All of fore doing a tour of duty during the Vietnam security and self-empowerment through em- these afford countless clients help, hope, and War. While in Vietnam during 1971 and into ployment, financial counseling and education, opportunities to enjoy healthier and more ful- 1972, he saw time in both Saigon and Da college access and community revitalization filling lives. Nang. initiatives. ERDA has developed a range of In addition to his long history of commitment Following his honorable discharge from the programs to help the more than 20,000 resi- to and achievement within the social services Air Force later in 1972, Kevin continued to dents of public housing in its catchment area field, Dr. Itzkowitz has been a devoted hus- serve our Nation as a member of the National to achieve economic stability and mobility, and band to his wife, Phyllis, and father to his Guard, compiling a remarkable 26 years of ensure that these neighborhoods have access sons, David and Jake. Jake continues his fa- military service. In the National Guard, he to critical goods and services. ther’s legacy of service as Chief of Staff for served as a full-time civilian weapons techni- In the last year alone, the Alliance opened New York City Councilwoman Margaret Chin. cian and was stationed for 17 years at Otis Air the ERDA Federal Credit Union—the first new Madam Speaker, I ask that my distinguished Force Base in Cape Cod, Massachusetts. credit union chartered in New York City in a colleagues join me in congratulating Dr. Mur- I know that while Kevin Ridley possesses a decade; helped more than 150 low-income ray Itzkowitz on his much deserved 2010 fierce determination to excel, he is also a New Yorkers find good jobs. As New York City Adaptive Design Association Lifetime Achieve- humble man, much like many of our Nation’s Mayor Michael Bloomberg noted in his State ment Award. military personnel. He would never seek to of the City Address earlier this year, a big im- tout his own accomplishments. However, I am f pact can be achieved by ‘‘credit unions serv- proud to tell you tell you that Kevin consist- ing public housing residents, like the one NATIONAL EPILEPSY AWARENESS ently stood out during his military service, ac- Bishop Taylor is opening in Long Island City MONTH—GET SEIZURE SMART! cumulating 15 decorations and awards during this spring,’’ going on to praise him as ‘‘one the Vietnam War and in his time with the Air banker who truly is doing God’s work.’’ ERDA HON. JO ANN EMERSON Force Reserve and National Guard. has also helped more than 500 individuals Beginning in 1989, and continuing through OF MISSOURI build savings and reduce debt, is sending a his retirement in December of this year, Kevin IN THE HOUSE OF REPRESENTATIVES cohort of high school seniors to college—near- has worked for the Department of Defense’s ly all of whom are the first in their families to Tuesday, November 30, 2010 Defense Contract Administration Services as a obtain a higher education. Mrs. EMERSON. Madam Speaker, I rise plant representative with Raytheon Corpora- At its Sixth Anniversary Event, the East today and join the Epilepsy Foundation in call- tion in Massachusetts. In that capacity, he has River Development Alliance is honoring three ing for Americans to Get Seizure Smart! this continued his service to military defense ef- noteworthy community leaders: Matthew November as part of National Epilepsy Aware- forts and his deep commitment to the security Bishop, American Business Editor and New ness Month. More than three million American of the United States. While with the Defense York Bureau Chief of The Economist maga- families are affected by epilepsy—over 60,000 Contract Administration Services, he has con- zine and the author of Philanthrocapitalism; Missourians have been diagnosed with epi- tributed his expertise to over 30 defense pro- John Rhea, Chairman of the New York City lepsy or reoccurring seizures. grams. He also worked on a program near Housing Authority; and Diana Taylor, Man- Epilepsy Foundation staff and volunteers and dear to the State of Florida—NASA’s aging Director of the Wolfensohn & Company, are distributing the Get Seizure Smart! Quiz Space Station modules program. LLC and former New York State Super- across the country this month to raise aware- Most importantly, Kevin is a dedicated fam- intendent of Banking in the administration of ness. By taking the online quiz at ily man. He is a loving spouse to Andrea Rid- Governor George Pataki. All are being hon- www.GetSeizureSmart.org, Americans can ley and father of two wonderful children. An- ored for their outstanding efforts to improve learn about the condition and how to treat it. drea is an 8th grade math teacher at Franklin the lives of their fellow New Yorkers and the Epilepsy awareness is critically important for Middle School, his daughter Alexandra is cur- economic vitality of our communities. public servants. Because first responders are rently a freshmen at Lynn University in Boca Congratulations to Bishop Taylor and the often called when someone is having a sei- Raton, Florida, and his son Phillip is a sopho- East River Development Alliance on another zure, it’s critical they have good information on more in high school in Medfield, Massachu- successful year in pursuing its vital mission of which to act. setts. ensuring public housing communities are I’m sure that his friends and family would I commend the Epilepsy Foundation for their neighborhoods of great opportunities. Madam agree that his record of excellence, bravery, 40-year campaign to raise awareness and re- Speaker, I salute the work of the East River and dedication is a living testament to a life duce the stigma associated with this condition. Development Alliance and I ask that my distin- well lived, and proof that the American dream I encourage my colleagues to learn more guished colleagues join me in recognizing the is alive and well. about epilepsy and to connect with the Epi- outstanding work of ERDA and its 2010 hon- lepsy Foundation in their community. I offer my deepest gratitude to Kevin Ridley for his contributions to the fabric of this nation orees for their many contributions to the civic f and wish him all the best in his future endeav- and spiritual life of our Nation. HONORING KEVIN RIDLEY ors. Congratulations, Kevin. f f TRIBUTE TO AUSTAL USA CEO HON. DEBBIE WASSERMAN SCHULTZ IN HONOR OF THE EAST RIVER BOB BROWNING OF FLORIDA DEVELOPMENT ALLIANCE IN THE HOUSE OF REPRESENTATIVES HON. JO BONNER Tuesday, November 30, 2010 HON. CAROLYN B. MALONEY OF ALABAMA OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Ms. WASSERMAN SCHULTZ. Madam IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today to honor Kevin Ridley on Tuesday, November 30, 2010 the occasion of his retirement after more than Tuesday, November 30, 2010 Mr. BONNER. Madam Speaker, I rise to 40 years of service to our Nation and his com- Mrs. MALONEY. Madam Speaker, I rise to recognize the outstanding record of outgoing munity. pay special tribute to the East River Develop- Austal USA Chief Executive Officer, Mr. Bob

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K30NO8.005 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2012 CONGRESSIONAL RECORD — Extensions of Remarks November 30, 2010 Browning. During his tenure, Mr. Browning age. To his family, friends, and loved ones: HONORING ELAINE ROTH FOR HER helped to transform the face of Mobile’s indus- Daniel’s country will never forget his service. 42 YEARS OF PUBLIC SERVICE trial waterfront and secure the long-term return of Navy shipbuilding to Alabama’s port city. f On November 16, Bob Browning officially HON. STEVE ISRAEL stepped down as CEO for Austal USA ship- IN HONOR OF THE HEALTHCARE OF NEW YORK building in Mobile to pursue a new business CHAPLAINCY IN THE HOUSE OF REPRESENTATIVES opportunity. He has held Austal USA’s top po- Tuesday, November 30, 2010 sition for the last 2 years after joining the com- pany in 2007. HON. CAROLYN B. MALONEY Mr. ISRAEL. Madam Speaker, I rise today Bob arrived at Austal as it was establishing to congratulate Elaine Roth, former District OF NEW YORK itself as a force to be reckoned with in building Manager of the Social Security Administration quality, high-speed ships. For the last decade IN THE HOUSE OF REPRESENTATIVES field office in Melville, NY, who will be retiring Austal has been expanding its footprint along later this year. Her 42-year career with Social the Mobile River and Bob played a significant Tuesday, November 30, 2010 Security is a testament to Ms. Roth’s dedica- tion to public service. role in making Mobile home to the largest alu- Mrs. MALONEY. Madam Speaker, I rise to Ms. Roth’s career with Social Security minum shipyard in the world. pay special tribute to the HealthCare Chap- Bob guided the growth of Austal’s high- began in 1968 when she was hired as a laincy, a nonprofit multi-faith healthcare orga- speed military shipbuilding program by pre- Claims Representative in Brooklyn, NY. Be- paring it to successfully compete in major mili- nization that is devoted to serving the spiritual tween then and 1980 she was promoted mul- tary contracts. In 2008, Austal secured a cov- needs of patients seeking palliative care and tiple times and served as Branch Manager of eted $1.6 billion contract to build joint high- their families. This month, the Chaplaincy the field offices in Kings Plaza (Brooklyn), speed vessels, JHSV, for the U.S. Army and hosts its annual ‘‘Wholeness of Life’’ Awards Riverhead (Long Island), and Flushing Navy. The program is continuing with Austal Dinner in Manhattan. (Queens). She was then promoted to District on track to build the fourth and fifth vessels. Founded in 1961 by a syndicate of church- Manager of the field office in Melville in 1998, a position she held until 2004 when she was Bob has also well positioned Austal to suc- es, the HealthCare Chaplaincy has served cessfully compete for a $5 billion U.S. Navy asked to join Social Security’s National Medi- nearly 5 million people, relieving medical suf- contract to produce ten littoral combat ships. care Planning Task Force. fering and improving the quality of life of Austal and partner General Dynamics were Throughout her four decades with Social awarded a contract in 2005 to construct their countless grateful clients and their families. Security, Ms. Roth’s many accomplishments first LCS, the USS Independence, which was Over the course of those five decades, the have been recognized with various awards. commissioned in January 2010. HealthCare Chaplaincy has sought tirelessly to Most notably, she received a Deputy Commis- Under Bob’s leadership, Austal has since expand palliative care by improving its acces- sioner’s Citation (August 2007 and October become the leader in the contract to build the sibility, affordability, and quality, and by train- 2005), a Component Head’s Citation (August full 10-ship Navy LCS fleet. The Navy is ex- ing qualified chaplains for hospital ministry. As 2006), and the Commissioner’s Citation—So- pected to make a decision by the end of the the largest clinical pastoral education and re- cial Security’s highest honor—in September year. The award would mean a doubling of search center of its kind in the United States, 2005 and three times previously. Austal’s local workforce of 1,800 employees. the HealthCare Chaplaincy has become an in- Ms. Roth and her husband are long-time As Bob and his family transition to new tegral part of the medical community, caring residents of Long Island and she will be enter- challenges, I wish to convey the appreciation for both residential and non-residential pa- ing her well-earned retirement as a loving of Alabama’s coastal community for a job well tients with serious progressive illnesses and mother of two and a devoted grandmother of done. His leadership and his dedication to our one. I thank her for her service to the Second helping to reduce the severity of disease local workforce have made our region strong- District of New York and wish her all the best symptoms. er. in the future. f The HealthCare Chaplaincy is hosting its 23rd Wholeness of Life Awards Dinner this f HONORING DANIEL JOHNSON month to celebrate its 50th Anniversary. I also HONORING ETHAN J. SMITH wish to congratulate this year’s most worthy HON. MIKE QUIGLEY honorees: the Chairmen of the Board of Trust- OF ILLINOIS ees, as well as doctors and nurses who ex- HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES celled at patient care in the palliative medical OF MISSOURI Tuesday, November 30, 2010 field. IN THE HOUSE OF REPRESENTATIVES Mr. QUIGLEY. Madam Speaker, I rise today The HealthCare Chaplaincy’s remarkable Tuesday, November 30, 2010 to honor the service and sacrifice of Senior achievements would not be possible without Mr. GRAVES of Missouri. Madam Speaker, Airman Daniel Johnson. Daniel was killed by its President and Chief Executive Officer, the I proudly pause to recognize Ethan J. Smith. an improvised explosive device last month in Reverend Dr. Walter J. Smith, and Executive Kandahar, Afghanistan. He was just 23 years Ethan is a very special young man who has Vice President and Chief Operating Officer, old. exemplified the finest qualities of citizenship Claire Haaga-Altman. A specialist in end-of life Daniel spent much of his childhood in Min- and leadership by taking an active part in the nesota and Wisconsin before moving to Schil- palliative care, the Rev. Dr. Walter Smith has Boy Scouts of America, Troop 332, and earn- ler Park, Illinois to live with his grandmother. served at the HealthCare Chaplaincy for near- ing the most prestigious award of Eagle Scout. Family members remember fondly Daniel’s ly two decades. Ms. Haaga-Altman has served Ethan has been very active with his troop, lifelong dream to fight for his country and the in the non-profit sector for more than 30 years, participating in many scout activities. Over the pride he felt when he put on his uniform. In Af- helping to develop New York City’s Access-a- many years Ethan has been involved with ghanistan he disarmed dangerous bombs, Ride program and fostering and facilitating the scouting, he has not only earned numerous continuously risking his life to protect others. growth of the multi-faith palliative medical field. merit badges, but also the respect of his fam- His commitment to service extended beyond At the Chaplaincy, she is overseeing an inno- ily, peers, and community. Most notably, the battlefield. Daniel attended Triton College vative and critically needed assisted living pro- Ethan has contributed to his community with the admirable goal of one day working as gram. through his Eagle Scout project. Ethan painted an emergency medical technician. Today, I and renovated the Pink Hill Park playground offer my deepest condolences to all of those Madam Speaker, I salute the work of prior to that park hosting the Wall That Heals who had the privilege to know such a selfless HealthCare Chaplaincy and I ask that my dis- traveling Vietnam War Memorial exhibit. and giving young man. tinguished colleagues join me in recognizing Madam Speaker, I proudly ask you to join I join with them in mourning the loss of this the outstanding work of the HealthCare Chap- me in commending Ethan J. Smith for his ac- brave airman and exemplary American. On laincy and its 2010 honorees for their many complishments with the Boy Scouts of Amer- behalf of the United States Congress and the contributions to the civic and spiritual life of ica and for his efforts put forth in achieving the 5th district of Illinois I thank him for his cour- our Nation. highest distinction of Eagle Scout.

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A30NO8.019 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 30, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2013 HONORING THE LIFE OF DR. Coral Sea (CV–43). During this assignment, hometown of Pollard, Alabama where he held BRIAN MARSDEN Commander Casalegno completed arduous office for seven years. In 1982, he was elect- qualifications as Officer of the Deck and Tac- ed as a Democrat to the Alabama House of HON. DANA ROHRABACHER tical Action Officer. Representatives and served in that capacity OF CALIFORNIA After graduating from the United States for 24 years. In fact, he was the longest serv- IN THE HOUSE OF REPRESENTATIVES Postgraduate School in 1981 with a Master of ing legislator from Escambia County. Science in Systems Engineering, Commander During his career in the Alabama State Leg- Tuesday, November 30, 2010 Casalegno was assigned to the staff of the islature, Representative White worked tire- Mr. ROHRABACHER. Madam Speaker, Dr. Cruiser Destroyer Group Three as Assistant lessly on behalf of south Alabama. He was Brian Marsden directed the Minor Planet Cen- Air Operations and Electronic Warfare Officer. distinguished as an outstanding legislator and ter, MPC, at the Smithsonian Astrophysical Involved in frequent deployments to both the served on the House Rules Committee and Observatory in Cambridge, Massachusetts for Western Pacific and Southwest Asia, Com- the Joint Transportation Committee. He is nearly 30 years, where he kept track of the mander Casalegno participated in military op- credited with improving the roads and bridges thousands of daily asteroid and comet obser- erations following the fall of the Shah of Iran in his district where he took a great personal vations from around the world. The responsi- and numerous humanitarian operations. interest. bility of keeping track of these near-Earth ob- In 1985, Commander Casalegno reported to On behalf of the people of south Alabama, jects, and potentially the fate of all humanity, Carrier Airborne Early Warning Squadron 116 I extend deepest sympathy to his lovely wife, could not have been in better hands than where he served as Operations Officer and Clara; their wonderful children, Todd, Hugh, those of this capable, conscientious scientist. Maintenance Officer during deployments to the and Sarah Anne; and his family and many Dr. Marsden became interested in astro- Western Pacific and Southwest Asia. Com- friends. physics at the early age of five, when his mander Casalegno was involved in operations Representative Skippy White was much mother displayed to him that method by which which included escorting U.S. merchant ships loved and respected by his constituents for his eclipses could be predicted in advance. His through the Straits of Hormuz and retributive tireless dedication to Baldwin and Escambia counties. He will be deeply missed by all who teen years were spent calculating forecasts of strikes on Iranian oil facilities. astronomical phenomena—long before mod- Following the tour, Commander Casalegno knew him. ern computers or even calculators were avail- was assigned to the staff of Commander Allied f able. By the time he was an undergraduate Forces Southern Europe in Naples, Italy. As a HONORING HANK DAVID GAMEL student, he had achieved an international rep- staff officer, he was involved in numerous utation for the accuracy of his predictions of North American Treaty Organization oper- HON. SAM GRAVES comets and for a number of new discoveries. ations, including support of allied forces during OF MISSOURI One of the most outstanding examples of Operations Desert Shield and Desert Storm. IN THE HOUSE OF REPRESENTATIVES his predictive prowess can be seen in his cal- In 1990, Commander Casalegno was as- Tuesday, November 30, 2010 culation of the return of comet Swift-Tuttle. signed as the United States Navy Exchange The scientific consensus was that the comet Officer to the Royal Navy’s Maritime Tactical Mr. GRAVES of Missouri. Madam Speaker, would return in 1981, almost 120 years after School in Portsmouth, England, where he I proudly pause to recognize Hank David it was last seen, but Dr. Marsden analyzed the trained senior allied officials in the employ- Gamel. Hank is a very special young man who available data and projected correctly that it ment of naval forces. In 1994, Commander has exemplified the finest qualities of citizen- would not return to the inner solar system until Casalegno returned to the United States to ship and leadership by taking an active part in late 1992, over a decade later than previously serve at the Navy’s Tactical Training Group, the Boy Scouts of America, Troop 1494, and expected. Swift-Tuttle has the longest period Atlantic Fleet, as the air defense instructor. earning the most prestigious award of Eagle of any comet whose return has been success- Commander Casalegno, his wife Marla, his Scout. fully predicted. daughter Julie, and his sons Cory and Phillip Hank has been very active with his troop, Dr. Brian Marsden passed away on Novem- are stalwart Americans who have made enor- participating in many scout activities. Over the ber 18, 2010. His soaring accomplishments mous sacrifices over the last 30 years. Com- many years Hank has been involved with have made this planet a safer place, and his mander Casalegno has honorably and faith- scouting, he has not only earned numerous legacy will live on for centuries. fully upheld the nation’s special trust and con- merit badges, but also the respect of his fam- ily, peers, and community. Most notably, Hank f fidence conveyed through his military commis- sion. In every way, he has upheld his oath of has earned the rank of Warrior in the Tribe of TRIBUTE TO COMMANDER office with true faith and allegiance. It is with Mic-O-Say. Hank has also contributed to his LORENZO ‘‘PETE’’ CASALEGNO the greatest sense of respect and appreciation community through his Eagle Scout project. that I stand today in recognition of Com- Hank designed and constructed a sign for the HON. DUNCAN HUNTER mander Casalegno and, along with the rest of entrance of the Church of the Annunciation in Kearney, Missouri. OF CALIFORNIA my colleagues, wish him all the best in his re- Madam Speaker, I proudly ask you to join IN THE HOUSE OF REPRESENTATIVES tirement. me in commending Hank David Gamel for his Tuesday, November 30, 2010 f accomplishments with the Boy Scouts of Mr. HUNTER. Madam Speaker, I rise today TRIBUTE TO FORMER STATE REP- America and for his efforts put forth in achiev- to recognize the dedication, public service and RESENTATIVE F.P. ‘‘SKIPPY’’ ing the highest distinction of Eagle Scout. patriotism of U.S. Navy Commander ‘‘Pete’’ WHITE f Casalegno for 30 years of distinguished serv- RECOGNIZING JAMES J. BOLLICH ice to our nation, both with the U.S. Navy and HON. JO BONNER AS 2010 AMERICAN LEGION POST the U.S. Air Force. OF ALABAMA 241 LEGIONNAIRE OF THE YEAR Commander Casalegno’s military service IN THE HOUSE OF REPRESENTATIVES began in 1965 when he enlisted in the Air Force and served as a weather observer and Tuesday, November 30, 2010 HON. CHARLES W. BOUSTANY, JR. OF LOUISIANA forecaster. A veteran of the Vietnam War, he Mr. BONNER. Madam Speaker, it is with IN THE HOUSE OF REPRESENTATIVES served as a member of the combat weather sadness that I rise to inform the House of the team at Tan Son Nhut, Vietnam, from Decem- passing of long-time South Alabama State Tuesday, November 30, 2010 ber 1967 to December 1968. Representative F.P. ‘‘Skippy’’ White. Rep- Mr. BOUSTANY. Madam Speaker, I want to Upon graduation from the University of San resentative White died on October 21, 2010, recognize Sergeant James J. Bollich who was Francisco, Commander Casalegno was com- after an extended illness at age 69. recently named Legionnaire of the Year by missioned and subsequently designated as a Skippy was the epitome of a public servant. American Legion Post 241 in Lafayette, Lou- naval flight officer. After completion of ad- He served with distinction in the Alabama isiana. Sergeant Bollich served this Nation vanced training in the E–2 Hawkeye aircraft, House of Representatives for three decades, with honor and distinction, and has lived an Commander Casalegno was assigned to Car- proudly representing the people of Baldwin exemplary American life worthy of approba- rier Airborne Early Warning Squadron 114 and and Escambia counties from 1982 to 2006. tion. completed two overseas deployments onboard He began his career in public service as a Sergeant Bollich was born in the small farm the USS Kitty Hawk (CV–63) and the USS firefighter and later councilman for his beloved community of Mowata and attended college at

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A30NO8.021 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2014 CONGRESSIONAL RECORD — Extensions of Remarks November 30, 2010 Southwestern Louisiana Institute, now the Uni- Dr. Colson was hired by Minnesota State Being chosen as a Blue Ribbon School des- versity of Louisiana at Lafayette. His time University Moorhead in 1993 to teach geology ignates Mary, Mother of the Redeemer as a there was cut short, as in 1940 he joined the at a school that did not have an existing geol- model for other schools across the country. Of Army Air Corps at Barksdale Field in Shreve- ogy program. In an area like the Red River the 413 schools nationwide that can be nomi- port, and participated in the Louisiana Maneu- Valley with its rich geologic history, a strong nated, only 50 originate with the Council for vers in 1941. His squadron was sent over- program was necessary and Dr. Colson Private Education, through which Mary, Moth- seas, where he fought for the defense of the worked to create a stand-out geology program er of the Redeemer was nominated. The Philippines. at one of our nation’s stand-out universities. school is fully committed to maintaining its five Serving as an infantryman during the Battle He has put an emphasis on experiential year Blue Ribbon designation and being nomi- of Bataan, Bollich was captured by the Japa- learning in nearly three-quarters of his class- nated again in 2015. I am proud to represent nese and was forced to participate in the Ba- es. A self-described ‘‘science coach,’’ Dr. in congress a school that is so committed to taan Death March as a prisoner of war. De- Colson introduces students to geology around excellence that it is nationally recognized, spite the cruelty endured at the hands of his the globe through hands-on experiences—ap- serving as a model nationwide. captors, and the thousands of deaths of his plying what is learned in books to the real Madam Speaker, once again I ask that my fellow servicemen he witnessed, Bollich brave- world. colleagues join me in congratulating Mary, ly persevered and survived. He ultimately He is beloved by faculty and students alike. Mother of the Redeemer on its momentous spent three and a half years at the Japanese His students praise his teaching style for help- designation as a blue ribbon school. POW camp in San Fernando before he and ing them develop skills necessary in the 21st f his fellow survivors were freed by the Russian century. A fellow faculty member refers to Dr. RECOGNIZING THE ONE HUN- Army in 1945. Colson as ‘‘the best.’’ DREDTH ANNIVERSARY OF THE After his harrowing ordeal, he returned to Dr. Colson is the first professor from a Min- CHAUTAUQUA HALL OF BROTH- the United States and returned to college. nesota public university to receive this award ERHOOD Upon graduating, he worked as a subsurface but likely not the last. I offer my heartfelt con- petroleum geologist until his retirement. He gratulations to Dr. Colson, his family and the HON. JEFF MILLER has written several books, including ‘‘A Sol- MSUM community on this impressive achieve- OF FLORIDA dier’s Story’’ which told his story of his time as ment. IN THE HOUSE OF REPRESENTATIVES a prisoner of war. For his courage in the face f Tuesday, November 30, 2010 of unimaginable hardship, he received several commendations and medals, including the PERSONAL EXPLANATION Mr. MILLER of Florida. Madam Speaker, on Bronze Star, the Victory Medal, and the POW behalf of the United States Congress, it is an medal. In addition to this, he was recently in- HON. MIKE PENCE honor for me to rise today to recognize the ducted to the Louisiana Veterans Hall of OF INDIANA centennial anniversary of the Chautauqua Hall Honor. He has sacrificed much for his country, IN THE HOUSE OF REPRESENTATIVES of Brotherhood, located in DeFuniak Springs, Florida. and should serve as an example and a re- Tuesday, November 30, 2010 minder of true patriotism to this Nation. On Lake Chautauqua in western New York, It goes without saying that Sergeant James Mr. PENCE. Madam Speaker, I was absent the original Chautauqua Institution was found- J. Bollich is very deserving of the honor of from the House floor on the legislative day of ed in 1874 as a vacation school for Sunday being named American Legion Post 241’s Le- November 29, 2010. Had I been present, I school teachers. Chautauqua retreats gained gionnaire of the Year. His story is one of brav- would have voted ‘‘yea’’ on rollcall votes 581 popularity in the 1880s; in 1885, the first Flor- ida Chautauqua program, and second in the ery and dedication, and I am honored to serve and 582. nation, was founded and convened on the as his member of Congress. He is part of our f banks of Lake DeFuniak It served as a plat- ‘‘Greatest Generation’’ and my words cannot CONGRATULATING MARY, MOTHER form for discussion of the latest thinking in pol- express the gratitude we should all show to OF THE REDEEMER’S CATHOLIC itics, economics, literature, science and reli- those who served in World War II. I whole- EDUCATION CENTER gion and attracted noted scholars and famous heartedly thank Sergeant Bollich for his serv- lecturers. ice to the United States, and I congratulate HON. ALLYSON Y. SCHWARTZ In 1910, the Hall of Brotherhood was com- him on this most recent honor. pleted. The Dome was dedicated to the sol- OF PENNSYLVANIA f diers and sailors of the Republic, and the col- IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION umns on the outside of the building represent Tuesday, November 30, 2010 the Presidents of the United States. The ex- HON. JIM GERLACH Ms. SCHWARTZ. Madam Speaker, I rise pansive edifice incorporated many large meet- today to honor and congratulate Mary, Mother ing rooms and contained a 4,000 seat OF PENNSYLVANIA of the Redeemer’s Catholic Education Center amphitheatre, fully equipped with electrical IN THE HOUSE OF REPRESENTATIVES lights, dissolving color effects and foot lights on the momentous achievement of being des- for the presentation of plays and grand con- Tuesday, November 30, 2010 ignated a 2010 Blue Ribbon School of Excel- certs. It was the largest Chautauqua lence. Mary, Mother of the Redeemer is a Mr. GERLACH. Madam Speaker, unfortu- amphitheatre in the southern United States. nately, on Monday, November 29, 2010, I Catholic Parish in North Wales, Montgomery As he laid the cornerstone at the dedication missed two recorded votes on the House floor. County. In 1997, the ten-year old parish saw ceremony, General John B. Gordon remarked, I ask that the record reflect that had I been the need for a school of its own and began ‘‘The Hall of Brotherhood tells the story. Every present, I would have voted ‘‘yea’’ on rollcall laying the groundwork to establishing what beam and timber, each brick and stone that 581 and ‘‘yea’’ on rollcall 582. would become an award winning educational shall complete its structure, from this sup- f center. In 2002, after years of planning and porting cornerstone now laid to its finished tur- fundraising, the parish began construction and ret, will speak to coming generations of the IN HONOR OF DR. RUSS COLSON only two years later the school had an enroll- sentiment that suggested it. American brother- ment of nearly 700 students. The education hood, a reunited country, on which depends HON. COLLIN C. PETERSON center has a mission statement of recognizing not only the life and perpetuity of the Republic, OF MINNESOTA the uniqueness of each student to provide a but the welfare of universal humanity, are the IN THE HOUSE OF REPRESENTATIVES quality Catholic education. glorious realities which this Hall is to rep- The Blue Ribbon Program is a project of the resent. In the name, therefore, of every state Tuesday, November 30, 2010 Department of Education that identifies the in this Union, and of our priceless freedom, in- Mr. PETERSON. Madam Speaker, I rise best school leadership and teaching practices, voking Heaven’s blessing upon it, I dedicate today to congratulate one of my distinguished setting a standard of excellence for all middle this spot where the Hall of Brotherhood is to constituents, Dr. Russ Colson, the 2010 Pro- and high schools. This year, 254 public and stand a holy invocation to the everlasting fra- fessor of the Year awarded by Carnegie Foun- 50 private schools were chosen for this honor. ternity of the American People.’’ dation for the Advancement of Teaching and Schools are chosen based on their ability to On August 7, 1972 the Chautauqua Hall of the Council for Advancement and Support of produce students who, regardless of their Brotherhood was listed in the National Reg- Education. backgrounds, are high performing. ister of Historic Places.

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K30NO8.011 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS November 30, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2015 Madam Speaker, on behalf of the United HONORING ADELE LICHTEN- tion the value of family. The lessons and val- States Congress, I am proud to celebrate the BERGER, RECIPIENT OF THE ues I have learned from her will stay with me centennial anniversary of the Chautauqua Hall AMERICAN METEOROLOGICAL throughout my life. I congratulate her on 90 of Brotherhood. SOCIETY/NASA EARTH SCIENCE full years and thank her for playing such a f GRADUATE FELLOWSHIP strong role in my life. f CONGRATULATING DIAMOND STANDARD ON EXCELLENCE IN HON. GERALD E. CONNOLLY PERSONAL EXPLANATION OF VIRGINIA CREATING AFTER-MARKET IN THE HOUSE OF REPRESENTATIVES PARTS HON. TIM RYAN Tuesday, November 30, 2010 OF OHIO HON. STEVE COHEN Mr. CONNOLLY of Virginia. Madam Speak- IN THE HOUSE OF REPRESENTATIVES er, I rise to recognize Adele Lichtenberger, of OF TENNESSEE Tuesday, November 30, 2010 IN THE HOUSE OF REPRESENTATIVES Springfield, Va., for receiving the American Meteorological Society and NASA Earth Mr. RYAN of Ohio. Madam Speaker, on Tuesday, November 30, 2010 Science Graduate Fellowship. This fellowship Monday, November 29, 2010, I was unable to Mr. COHEN. Madam Speaker, I rise today program is designed to encourage careers in return to Washington, DC, in time to cast my to congratulate Diamond Standard, a Memphis environmental science—specifically atmos- vote for rollcall votes 581 and 582. Had I been based company, for receiving an excellent rat- pheric, oceanic and hydrological fields—for the present, I would have voted ‘‘aye’’ on both. ing from the Insurance Institute for Highway bright young scientists. It selects promising f Safety (IIHS) for their after-market bumpers. students in their first year of graduate study NOVEMBER IS NATIONAL HOSPICE The IIHS, widely considered to be a leading who are interested in a variety of concentra- AWARENESS MONTH authority on crash testing and auto safety, de- tions including meteorology, physics, mathe- scribes itself as ‘‘an independent, nonprofit, matics, hydrology, oceanography, marine scientific, and educational organization dedi- science, computer science and engineering. HON. EDOLPHUS TOWNS OF NEW YORK cated to reducing the losses—deaths, injuries, Ms. Lichtenberger received one of only thir- IN THE HOUSE OF REPRESENTATIVES and property damage—from crashes on the teen fellowships from the American Meteoro- nation’s highways.’’ IIHS found Diamond logical Society. Tuesday, November 30, 2010 Standard’s bumpers to be equivalent to factory Ms. Lichtenberger recently received her Mr. TOWNS. Madam Speaker, I rise today equipment. bachelor’s degree in meteorology and physics to acknowledge the month of November being Diamond Standard is truly an American from North Carolina State University, where designated as National Hospice Awareness company that shows the American dream is she was recognized as the Outstanding Senior Month. We may hear of hospice care from still alive and well. Owner and founder Mike in Meteorology in May 2010. She has also friends or colleagues that have had the unfor- O’Neal started his work in the automotive earned the American Meteorological Society’s tunate experience of placing their loved one in business as an employee for his father, John Richard and Helen Hagemeyer Scholarship for a hospice facility. Oftentimes, when we hear O’Neal, who owned a bumper re-chroming the 2009 school year as well as the National the word hospice, we think of it as a cold and shop in West Memphis. In the 1990’s, Mike Oceanic and Atmospheric Administration’s Er- uncaring place that our loved one may transi- saw a demand for high-end, after-market nest F. Hollings Undergraduate Scholarship tion to before their final resting place. How- bumpers. However, Diamond Standard did not for the 2008 and 2009 school years. Ms. ever, ‘‘hospice’’ care is a compassionate ap- officially begin selling its product until four Lichtenberger’s studies were focused on cloud proach to caring for those who are faced with years ago. and aerosol physics, and she will continue this a life-limiting illness. It provides families with Today, Diamond Standard and its sister focus in her graduate studies at Colorado the supportive services that not only keep the companies have manufacturing and State University. patient comfortable, but educates the family warehousing facilities in Ohio, Michigan, Okla- Madam Speaker, I ask my colleagues to join and provides emotional support. homa, Washington State, Pennsylvania, Ari- me in honoring Adele Lichtenberger as the re- Hospice care brings together a team of spe- zona and Taiwan. Diamond Standard provides cipient of the AMS/NASA Earth Science Grad- cifically trained professionals and volunteers jobs for approximately 439 Americans, includ- uate Fellowship and for her commitment to her who work with the patient’s doctor to provide ing 65 in Memphis. study of meteorological science. a plan of care designed to control the pain The collision replacement industry is esti- f and ease end-of-life struggles for the patient mated to generate more than $16 billion a TRIBUTE TO LUCILLE RYAN and family. The typical hospice team consists year. Diamond Standard provides parts to of the patient’s physician and the hospice phy- nearly 15 percent of companies within this in- sician; registered nurses; social workers; spir- dustry. Because of the tremendous work they HON. WILLIAM L. OWENS itual care coordinators; bereavement coun- OF NEW YORK are doing, the company is worth an estimated selors; dietitians; pharmacists; physical, occu- IN THE HOUSE OF REPRESENTATIVES $150 million a year. Mr. O’Neal has said that pational and speech therapists; home care the Insurance Institute certification has the po- Tuesday, November 30, 2010 aides; and volunteers. Some patients even tential to double Diamond Standard’s business Mr. OWENS. Madam Speaker, I rise today benefit from having access to music, art and in the next 24 months. to honor Lucille Ryan of Brooklyn, my cousin massage therapists as well, all of which are For the past 5–6 years Diamond Standard and Godmother, on her 90th Birthday. services provided in hospice care. has invested about $2 million for research and Lucille has spent most of her life in Brooklyn In the state of New York, there are over 20 testing to prove that its parts are comparable and now lives in Whiting, New Jersey with her specialized Hospice and Palliative Care facili- to those that are factory-made. Their recent in- husband, Bill. They have been married for 58 ties, three of which are in my district. If you vention of an after-market bumper that is com- years, raising three wonderful children; and read the testimonies from family members parable to a factory bumper is significant be- have eight grandchildren and three great who have received any type of hospice serv- cause it has never been done before. This grandchildren. They have contributed to their ice for a loved one, I believe that you would new and safe bumper has the potential to church and local communities in immeas- have a different outlook and better under- lower bumper-replacement costs for hard urable ways. standing of hospice care. Hospice is covered working Americans. As my Godmother, I have known Lucille for under Medicare Part A, Medicaid and private Diamond Standard has given Memphis my entire life, spending many holidays at her insurance. It is truly underutilized by those much of which to be proud. Its investment in house. Lucille always kept a warm and wel- who would benefit the most and many hos- research and development, revolutionary inno- coming environment in her home, teaching me pices will not turn anyone away based on their vation and operational expansion is truly em- the value of hospitality and a strong family re- ability to pay. blematic of the American entrepreneurial spirit. lationship from an early age. As a person of In closing, I no longer want you to think of Madam Speaker, I ask the House to join me deep religious conviction, I learned how impor- ‘‘hospice’’ care as cold and uncaring, but a in congratulating Diamond Standard for the tant love, understanding and tolerance truly philosophy of services available to you and excellent rating they received for their after- are. your loved one. The kind of health care serv- market bumpers and for the bright future Dia- To this day, Lucille continues to bring loved ices that are available round the clock; serv- mond Standard will surely have. ones together and teach a whole new genera- ices that don’t end once your loved one have

VerDate Mar 15 2010 04:50 Dec 01, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K30NO8.016 E30NOPT1 smartinez on DSKB9S0YB1PROD with REMARKS E2016 CONGRESSIONAL RECORD — Extensions of Remarks November 30, 2010 gone to their final resting place, but bereave- sources, and its discipline in providing the best PERSONAL EXPLANATION ment services that extends beyond that time- quality service possible. frame and as needed. Therefore, it is impor- Madam Speaker, I ask my colleagues to join HON. JOHN SULLIVAN me in thanking FACETS for its work to end tant for me to recognize the many organiza- OF OKLAHOMA tions that provide these specialized services in homelessness and poverty in Fairfax County. IN THE HOUSE OF REPRESENTATIVES a nation that is hurting from so many crises on It is the collaboration of volunteers, donors, a daily basis. I want to recognize and honor government, and businesses that enable FAC- Tuesday, November 30, 2010 these facilities around the world. ETS to carry out its mission. You have the ap- Mr. SULLIVAN. Madam Speaker, I rise to f preciation of the Northern Virginia community, state for the record that I intended to vote and my personal thanks for your important ‘‘nay’’ on rollcall vote 584 taken on November RECOGNIZING FACETS AND ‘‘A service. 30, 2010. The CONGRESSIONAL RECORD cur- TASTE OF FALL’’ f rently lists me as an ‘‘aye’’ vote on this meas- REMEMBERING JOHN ALVIS ure. As a fiscal conservative, I cannot support HON. GERALD E. CONNOLLY $4.6 billion in government spending in a pe- OF VIRGINIA riod of record federal deficits and budget con- IN THE HOUSE OF REPRESENTATIVES HON. KEVIN BRADY OF TEXAS straints facing American families. Tuesday, November 30, 2010 IN THE HOUSE OF REPRESENTATIVES f Mr. CONNOLLY of Virginia. Madam Speak- Tuesday, November 30, 2010 HONORING SERENA SUTHERS AS A er, it is my great honor to rise today to recog- Mr. BRADY of Texas. Madam Speaker, ten nize FACETS, a Northern Virginia non-profit RUNNER UP IN THE 2010 ‘‘GOLD- years ago today, our world lost a great cham- EN CARROT AWARDS’’ FOR INNO- that is a leader in providing dynamic and re- pion for global democracy and the rule of law. sponsive service to those suffering from pov- VATION IN SCHOOL FOOD- John Alvis, a close friend and constituent of SERVICE erty and homelessness. Tonight we are here mine, was murdered on November 30, 2000 in for the ‘‘Taste of Fall’’ in support of this organi- Baku, Azerbaijan where he was working for zation. the cause most dear to his heart spreading HON. GERALD E. CONNOLLY Founded in 1988 by Ms. Linda D. Wimpey democracy around the globe. For those of you OF VIRGINIA and three Episcopalian churches, FACETS who never had the honor to meet John, I’d like IN THE HOUSE OF REPRESENTATIVES works to address the needs of those living on to tell you today about this 36 year old ideal- Tuesday, November 30, 2010 the brink of homelessness. To successfully istic warrior for international democracy who work towards this goal, FACETS has grown its never met a stranger. Mr. CONNOLLY of Virginia. Madam Speak- partnerships in the community, drawing in faith I first got to know John when he helped er, I rise to recognize Serena Suthers for re- organizations, businesses, individuals, and guide my first campaign for Congress and in ceiving the runner-up award in the Physicians local government. In the past year, nightly 1999, I was honored to witness first hand Committee for Responsible Medicine’s meals and Sunday morning breakfasts were John’s impact around the globe as he assisted (PCRM) Golden Carrot Awards celebrating in- served by a core group of 35 faith partners the Republic of Georgia in their transition to a novation in school foodservice. PCRM estab- and 1000 volunteers who cooked and deliv- democratic government. His passion to export lished The Golden Carrot Awards in 2004 to ered more than 42,000 meals to men, women, American democratic principles was unrivaled recognize exceptional efforts to improve the children who are homeless in Fairfax. With the and that lead him from his home in Texas to nutritional value of school lunches. It identifies help of an additional 400 volunteers, FACETS the former Soviet Union. school programs that have encouraged stu- also provides social work services, housing, John’s young life was ended by an unknown dents to eat fresh fruits and vegetables, while and supportive programs for individuals and assailant while he serving as a resident direc- also offering students plenty of healthful op- families that are homeless or living in govern- tor of the International Republican Institute, tions. ment-subsidized housing sites in Fairfax training campaign workers and election offi- Ms. Suthers serves as the Director of County. cials in Azerbaijan. One of his colleagues School Food and Nutrition Services for the FACETS approach to its quality service is in there probably described John best as some- Prince William County Public Schools its guiding values of dignity, commitment, and one who ‘‘touched the lives of everyone he (PWCS). As part of an initiative to make integrity. came in contact with.’’ I and members of my healthy eating habits and nutrition education The homeless suffer from the stigmas and staff remember John for his infectious laugh, fun and engaging for students, PWCS offers biases, making it difficult to navigate the chal- his great sense of humor, his passion for all various events and programs to promote a lenges they face. Recognizing this short- things politics, his love for man’s best friend, healthy diet. The school system offers daily coming, FACETS has committed itself to treat- his Dalmatian Jersey, and his innate ability to vegetarian and vegan meal options and other ing clients with dignity and respect. Under- keep people together even in the toughest of healthy choices such as whole grains, soymilk, standing without judging is important to pro- times. brown rice, and granola bars. It also hosts moting the self esteem necessary to self im- Even though it was just two weeks before tasting parties featuring a fruit or vegetable of provement. John was due to return home to celebrate the month and has developed a partnership Through a strong commitment to its volun- Christmas that he was killed, this proud Aggie with a local vendor to provide lettuce for teers, staff, partners, donors and clients, FAC- lives on through the recipients of the John PWCS’ salads. ETS works to foster an atmosphere of cama- Alvis Memorial Scholarship at Texas A&M Uni- Madam Speaker, I ask that my colleagues raderie and teamwork in achieving their goal versity who exemplify his passionate American join me in recognizing Serena Suthers for re- of ending homelessness and poverty. The cal- Patriotism through their public service. ceiving the PCRM’s Golden Carrot runner-up iber of work FACETS performs is a testament I am concerned that John’s murder remains prize for her dedication to child nutrition and to the people involved in this mission. unsolved. Madam speaker, I want to take this innovation in school foodservice. I would like Integrity of operations and transparency in opportunity to impress on the Government of to congratulate her for her achievement in cre- management is critical to FACETS’ ability to Azerbaijan and the FBI the necessity to con- ating a more healthy community for the stu- maintain high quality services. FACETS holds tinue to press to bring those responsible for dents of Prince William County Public the communities trust in its stewardship of re- this heinous act to justice. Schools.

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HIGHLIGHTS Senate passed S. 510, FDA Food Safety Modernization Act, as amended. Senate Adopted: Chamber Action Reid (for Harkin) Amendment No. 4715, in the Routine Proceedings, pages S8257–S8308 nature of a substitute. Page S8259, S8267 Measures Introduced: Seven bills and two resolu- During consideration of this measure today, Senate tions were introduced, as follows: S. 3986–3992, and also took the following action: S. Res. 690–691. Page S8298 By 39 yeas to 56 nays (Vote No. 255), two-thirds Measures Reported: of those Senators duly chosen and sworn, not having S. 1938, to establish a program to reduce injuries voted in the affirmative, Senate rejected the motion and deaths caused by cellphone use and texting to suspend Rule XXII, of the Standing Rules of the while driving, with an amendment in the nature of Senate, for the purposes of proposing and considering a substitute. (S. Rept. No. 111–355) Coburn Amendment No. 4697. Page S8263 H.R. 4387, to designate the Federal building lo- By 36 yeas to 62 nays (Vote No. 256), two-thirds cated at 100 North Palafox Street in Pensacola, Flor- of those Senators duly chosen and sworn, not having ida, as the ‘‘Winston E. Arnow Federal Building’’. voted in the affirmative, Senate rejected the motion H.R. 5651, to designate the Federal building and to suspend Rule XXII, of the Standing Rules of the United States courthouse located at 515 9th Street Senate, for the purposes of proposing and considering in Rapid City, South Dakota, as the ‘‘Andrew W. Coburn Amendment No. 4696. Page S8264 Bogue Federal Building and United States Court- Subsequently, the motion to invoke cloture on the house’’. bill was withdrawn. Page S8267 H.R. 5706, To designate the building occupied Fair Credit Reporting Act: Senate passed S. by the Government Printing Office located at 31451 3987, to amend the Fair Credit Reporting Act with East United Avenue in Pueblo, Colorado, as the respect to the applicability of identity theft guide- ‘‘Frank Evans Government Printing Office Build- lines to creditors. Pages S8288–89 ing’’. H.R. 5773, To designate the Federal building lo- Coin Modernization, Oversight, and Continuity cated at 6401 Security Boulevard in Baltimore, Act: Committee on Banking, Housing, and Urban Maryland, commonly known as the Social Security Affairs was discharged from further consideration of Administration Operations Building, as the ‘‘Robert H.R. 6162, to provide research and development au- M. Ball Federal Building’’. thority for alternative coinage materials to the Sec- S. 118, to amend section 202 of the Housing Act retary of the Treasury, increase congressional over- of 1959, to improve the program under such section sight over coin production, and ensure the continuity for supportive housing for the elderly, with an of certain numismatic items, and the bill was then amendment in the nature of a substitute. Page S8298 passed. Page S8292 Measures Passed: American Eagle Palladium Bullion Coin Act: Committee on Banking, Housing, and Urban Affairs FDA Food Safety Modernization Act: By 73 yeas was discharged from further consideration of H.R. to 25 nays (Vote No. 257), Senate passed S. 510, to 6166, to authorize the production of palladium bul- amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply, after lion coins to provide affordable opportunities for in- taking action on the following amendment and mo- vestments in precious metals, and the bill was then passed. Page S8292 tions proposed thereto: Pages S8259–67 D1125

VerDate Mar 15 2010 00:30 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D30NO0.REC D30NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE D1126 CONGRESSIONAL RECORD — DAILY DIGEST November 30, 2010 175th Anniversary of the Birth of Mark Twain: Record Votes: Three record votes were taken today. Senate agreed to S. Res. 690, commemorating the (Total—257) Pages S8263–64, S8267 175th anniversary of the birth of Mark Twain. Adjournment: Senate convened at 9:00 a.m. and Pages S8292–93 adjourned at 8:42 p.m., until 9:30 a.m. on Wednes- Charitable Collections in Senate Buildings: Sen- day, December 1, 2010. (For Senate’s program, see ate agreed to S. Res. 691, to permit the collection the remarks of the Acting Majority Leader in today’s of clothing, toys, food, and housewares during the Record on page S8308.) holiday season for charitable purposes in Senate buildings. Page S8293 Committee Meetings Restore Online Shoppers’ Confidence Act: Senate passed S. 3386, to protect consumers from certain (Committees not listed did not meet) aggressive sales tactics on the Internet, after agreeing to the committee amendment in the nature of a sub- NOMINATIONS stitute, and the following amendment proposed Committee on Commerce, Science, and Transportation: thereto: Pages S8305–08 Committee concluded a hearing to examine the Hagan (for Rockefeller/Hutchison) Amendment nominations of Scott C. Doney, of Massachusetts, to No. 4721, to make minor and technical changes in be Chief Scientist of the National Oceanic and At- the bill as reported. Page S8306 mospheric Administration, and Mario Cordero, of Morning Business—Agreement: A unanimous- California, and Rebecca F. Dye, of North Carolina, consent agreement was reached providing that at ap- both to be a Federal Maritime Commissioner, Fed- proximately 9:30 a.m., on Wednesday, December 1, eral Maritime Commission, after the nominees testi- 2010, Senate proceed to a period of morning busi- fied and answered questions in their own behalf. ness with Senators permitted to speak for up to 10 minutes each, with the Republicans controlling the BUSINESS MEETING first 30 minutes and the Majority controlling the Committee on Environment and Public Works: Com- next 30 minutes. Page S8308 mittee ordered favorably reported the following busi- Message from the President: Senate received the ness items: following message from the President of the United H.R. 5651, to designate the Federal building and States: United States courthouse located at 515 9th Street Transmitting, pursuant to law, notification of the in Rapid City, South Dakota, as the ‘‘Andrew W. implementation of an alternative pay plan for local- Bogue Federal Building and United States Court- ity pay increases for civilian Federal employees cov- house’’; H.R. 5706, to designate the building occupied by ered by the General Schedule and certain other pay the Government Printing Office located at 31451 systems in January 2011; which was referred to the East United Avenue in Pueblo, Colorado, as the Committee on Homeland Security and Governmental ‘‘Frank Evans Government Printing Office Build- Affairs. (PM–68) Pages S8295–96 ing’’; Messages from the House: Page S8296 H.R. 5773, to designate the Federal building lo- Measures Referred: Pages S8258, S8296 cated at 6401 Security Boulevard in Baltimore, Maryland, commonly known as the Social Security Measures Placed on the Calendar: Page S8296 Administration Operations Building, as the ‘‘Robert Measures Read the First Time: Page S8308 M. Ball Federal Building’’; H.R. 4387, to designate the Federal building lo- Enrolled Bills Presented: Page S8296 cated at 100 North Palafox Street in Pensacola, Flor- Executive Communications: Page S8296–98 ida, as the ‘‘Winston E. Arnow Federal Building’’; Executive Reports of Committees: Page S8298 H.R. 5282, to provide funds to the Army Corps of Engineers to hire veterans and members of the Additional Cosponsors: Pages S8298–99 Armed Forces to assist the Corps with curation and Statements on Introduced Bills/Resolutions: historic preservation activities; Pages S8299–S8305 H.R. 4973, to amend the Fish and Wildlife Act Additional Statements: Page S8295 of 1956 to reauthorize volunteer programs and com- munity partnerships for national wildlife refuges; Amendments Submitted: Page S8305 S. 3874, to amend the Safe Drinking Act to re- Authorities for Committees to Meet: Page S8305 duce lead in drinking water;

VerDate Mar 15 2010 00:30 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D30NO0.REC D30NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 30, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1127 S. 3973, to amend the Energy Policy Act of 2005 BUSINESS MEETING to reauthorize and modify provisions relating to the Committee on Homeland Security and Governmental Af- diesel emissions reduction program; fairs: Committee ordered favorable reported the fol- Proposed resolutions relating to the General Serv- lowing business items: ices Administration; and S. 3784, to designate the facility of the United The nomination of Samuel Epstein Angel, of Ar- States Postal Service located at 4865 Tallmadge kansas, to be a Member of the Mississippi River Road in Rootstown, Ohio, as the ‘‘Marine Sgt. Jer- Commission. emy E. Murray Post Office’’; BUSINESS MEETING H.R. 5758, to designate the facility of the United Committee on Foreign Relations: Committee announced States Postal Service located at 2 Government Center the following subcommittee assignments: in Fall River, Massachusetts, as the ‘‘Sergeant Robert Subcommittee on Western Hemisphere, Peace Corps, and Barrett Post Office Building’’; Global Narcotics Affairs: Senators Dodd (Chair), H.R. 6118, to designate the facility of the United Menendez, Cardin, Webb, Gillibrand, Barrasso, States Postal Service located at 2 Massachusetts Ave- Isakson, Risch, and Inhofe. nue, NE., in Washington, D.C., as the ‘‘Dorothy I. Subcommittee on African Affairs: Senators Feingold Height Post Office’’; (Chair), Cardin, Webb, Shaheen, Coons, Isakson, H.R. 6237, to designate the facility of the United DeMint, Corker, and Inhofe. States Postal Service located at 1351 2nd Street in Subcommittee on International Operations and Organi- Napa, California, as the ‘‘Tom Kongsgaard Post Of- zations, Human Rights, Democracy, and Global Women’s fice Building’’; Issues: Senators Boxer (Chair), Feingold, Menendez, H.R. 6387, to designate the facility of the United Shaheen, Gillibrand, Coons, Wicker, DeMint, States Postal Service located at 337 West Clark Barrasso, and Inhofe. Street in Eureka, California, as the ‘‘Sam Sacco Post Subcommittee on International Development and Foreign Office Building’’; and Assistance, Economic Affairs, and International Environ- The nomination of Eugene Louis Dodaro, of Vir- mental Protection: Senators Menendez (Chair), Boxer, ginia, to be Comptroller General of the United Cardin, Casey, Shaheen, Gillibrand, Corker, Wicker, States, Government Accountability Office. DeMint, and Risch. Subcommittee on Near Eastern and South and Central FOREIGN CORRUPT PRACTICES ACT Asian Affairs: Senators Casey (Chair), Dodd, Fein- Committee on the Judiciary: Subcommittee on Crime gold, Boxer, Cardin, Coons, Risch, Corker, Barrasso, and Drugs concluded a hearing to examine enforce- and Isakson. ment of the Foreign Corrupt Practices Act, after re- Subcommittee on East Asian and Pacific Affairs: Sen- ceiving testimony from Greg Andres, Acting Deputy ators Webb (Chair), Dodd, Feingold, Boxer, Casey, Assistant Attorney General, Department of Justice; Gillibrand, Inhofe, Isakson, Barrasso, and Wicker. Mike Koehler, Butler University, Indianapolis, Indi- Subcommittee on European Affairs: Senators Shaheen ana; Andrew Weissmann, Jenner and Block LLP, (Chair), Dodd, Menendez, Casey, Webb, Coons, New York, New York, on behalf of the United DeMint, Risch, Corker, and Wicker. States Chamber of Commerce and the United States Senators Kerry and Lugar are ex-officio members of the Chamber Institute for Legal Reform; and Michael subcommittees. Volkov, Mayer Brown LLP, Washington, D.C. h House of Representatives H.R. 5112, to provide for the training of Federal Chamber Action building personnel, and for other purposes (H. Rept. Public Bills and Resolutions Introduced: 4 public 111–662); bills, H.R. 6459–6462; and 2 resolutions, H.J. Res. H.R. 5562, to amend the Homeland Security Act 101–102 were introduced. Page H7757 of 2002 to prohibit requiring the use of a specified Additional Cosponsors: Pages H7757–58 percentage of a grant under the Urban Area Security Initiative and State Homeland Security Grant Pro- Reports Filed: Reports were filed today as follows: gram for specific purposes, and for other purposes

VerDate Mar 15 2010 00:30 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D30NO0.REC D30NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE D1128 CONGRESSIONAL RECORD — DAILY DIGEST November 30, 2010 (H. Rept. 111–663); H. Res. 1741, providing for Honoring and recognizing the exemplary service consideration of the joint resolution (H.J. Res. 101) and sacrifice of the 60th Air Mobility Wing, the making further continuing appropriations for fiscal 349th Air Mobility Wing, the 15th Expeditionary year 2011, and for other purposes (H. Rept. Mobility Task Force, and the 615th Contingency 111–664); Response Wing: H. Res. 1585, amended, to honor H. Res. 1742, providing for consideration of the and recognize the exemplary service and sacrifice of bill (S. 3307) to reauthorize child nutrition pro- the 60th Air Mobility Wing, the 349th Air Mobil- grams, and for other purposes (H. Rept. 111–665); ity Wing, the 15th Expeditionary Mobility Task H.R. 42, to establish a fact-finding Commission Force, and the 615th Contingency Response Wing civilians and families serving at Travis Air Force to extend the study of a prior Commission to inves- 2 tigate and determine facts and circumstances sur- Base, California; by a ⁄3 recorded vote of 408 ayes rounding the relocation, internment, and deportation with none voting ‘‘no’’, Roll No. 585; to Axis countries of Latin Americans of Japanese de- Pages H7695–96, H7702–03 scent from December 1941 through February 1948, Recognizing and honoring the National Guard and the impact of those actions by the United States, on the occasion of its 374rd anniversary: H. Res. and to recommend appropriate remedies, and for 1740, to recognize and honor the National Guard on other purposes, with an amendment (H. Rept. the occasion of its 374rd anniversary, by a 2⁄3 re- 111–666); corded vote of 404 ayes with none voting ‘‘no’’, Roll H.R. 3290, to provide the spouses and children of No. 586; Pages H7696–98, H7703 aliens who perished in the September 11 terrorist at- Providing for the approval of the Agreement Be- tacks an opportunity to adjust their status to that of tween the Government of the United States of an alien lawfully admitted for permanent residence America and the Government of Australia Con- (H. Rept. 111–667); cerning Peaceful Uses of Nuclear Energy: H.R. H.R. 5105, to establish a Chief Veterinary Officer 6411, to provide for the approval of the Agreement in the Department of Homeland Security, and for Between the Government of the United States of other purposes, with an amendment (H. Rept. America and the Government of Australia Con- 111–668, Pt. 1) and cerning Peaceful Uses of Nuclear Energy; H.R. 233, to amend the Federal antitrust laws to Pages H7723–24 provide expanded coverage and to eliminate exemp- Requiring the Federal Deposit Insurance Cor- tions from such laws that are contrary to the public poration to fully insure Interest on Lawyers Trust interest with respect to railroads, with an amend- Accounts: H.R. 6398, to require the Federal Deposit ment (H. Rept. 111–669, Pt. 1). Pages H7756–57 Insurance Corporation to fully insure Interest on Speaker: Read a letter from the Speaker wherein she Lawyers Trust Accounts; Pages H7727–28 appointed Representative Salazar to act as Speaker Nuclear Energy Research and Development Act pro tempore for today. Page H7645 of 2010: H.R. 5866, amended, to amend the Energy Policy Act of 2005 requiring the Secretary of Energy Recess: The House recessed at 10:39 a.m. and re- to carry out initiatives to advance innovation in nu- convened at 12 noon. Page H7649 clear energy technologies, to make nuclear energy Claims Resolution Act of 2010: The House con- systems more competitive, and to increase efficiency curred in the Senate amendments to H.R. 4783, to and safety of civilian nuclear power; Pages H7730–33 accelerate the income tax benefits for charitable cash Honoring the historic contributions of veterans contributions for the relief of victims of the earth- throughout all conflicts involving the United quake in Chile, and to extend the period from which States: H. Res. 1622, to honor the historic contribu- such contributions for the relief of victims of the tions of veterans throughout all conflicts involving earthquake in Haiti may be accelerated, by a yea- the United States; Pages H7734–35 and-nay vote of 256 yeas to 152 nays, Roll No. 584. Directing the Secretary of Veterans Affairs to Pages H7651–58, H7658–95, H7700–01 display in each facility of the Department of Vet- H. Res. 1736, the rule providing for consideration erans Affairs a Women Veterans Bill of Rights: of the Senate amendments to the bill, was agreed to H.R. 5953, amended, to direct the Secretary of Vet- by a yea-and-nay vote of 223 yeas to 168 nays, Roll erans Affairs to display in each facility of the De- No. 583, after the previous question was ordered partment of Veterans Affairs a Women Veterans Bill without objection. Pages H7651–57 of Rights; and Pages H7735–39 Suspensions: The House agreed to suspend the rules Agreed to amend the title so as to read: ‘‘To di- and pass the following measures: rect the Secretary of Veterans Affairs to display in

VerDate Mar 15 2010 00:30 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D30NO0.REC D30NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE November 30, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1129 each facility of the Department of Veterans Affairs Expressing support for designation of May as a Women Veterans Bill of Rights and to display in ‘‘Child Advocacy Center Month’’ and commending each prosthetics and orthotics clinic of the Depart- the National Child Advocacy Center in Huntsville, ment an Injured and Amputee Veterans Bill of Alabama, on their 25th anniversary in 2010: H. Rights, and for other purposes.’’. Page H7739 Res. 1313, to express support for designation of May Expressing support for designation of a ‘‘Na- as ‘‘Child Advocacy Center Month’’ and to commend tional Veterans History Project Week’’: H. Res. the National Child Advocacy Center in Huntsville, 1644, to express support for designation of a ‘‘Na- Alabama, on their 25th anniversary in 2010; tional Veterans History Project Week’’. Pages H7712–13 Pages H7739–42 Supporting the goal of ensuring that all Holo- caust survivors in the United States are able to Moment of Silence: The House observed a moment live with dignity, comfort, and security in their re- of silence in memory of Stephen Solarz, former maining years: H. Con. Res. 323, to support the Member of Congress. Pages H7701–02 goal of ensuring that all Holocaust survivors in the Suspensions—Proceedings Postponed: The House United States are able to live with dignity, comfort, debated the following measures under suspension of and security in their remaining years; Pages H7713–16 the rules. Further proceedings were postponed: Supporting the observance of American Diabetes Honoring Fort Drum’s soldiers of the 10th Month: H. Res. 1690, amended, to support the ob- Mountain Division: H. Res. 1217, amended, to servance of American Diabetes Month; honor Fort Drum’s soldiers of the 10th Mountain Pages H7716–20 Division for their past and continuing contributions Commercial Advertisement Loudness Mitigation to the security of the United States; Pages H7698–99 Act: S. 2847, to regulate the volume of audio on Commending the City of Jacksonville, Arkansas, commercials; Pages H7720–21 for its outstanding support in creating a unique Condemning North Korea in the strongest terms and lasting partnership with Little Rock Air Force for its unprovoked military attack against South Base: H. Res. 1724, amended, to commend the City Korea on November 23, 2010: H. Res. 1735, to of Jacksonville, Arkansas, for its outstanding support condemn North Korea in the strongest terms for its in creating a unique and lasting partnership with unprovoked military attack against South Korea on Little Rock Air Force Base, members of the Armed November 23, 2010; Pages H7721–23 Forces stationed there and their families, and the Air Commending the NATO School for its critical Force; Pages H7699–H7700 support of North Atlantic Treaty Organization Honoring and saluting golf legend Juan Antonio (NATO) efforts to promote global peace, stability, ‘‘Chi Chi’’ Rodriguez: H. Res. 1430, amended, to and security: H. Res. 527, amended, to commend honor and salute golf legend Juan Antonio ‘‘Chi the NATO School for its critical support of North Chi’’ Rodriguez for his commitment to Latino youth Atlantic Treaty Organization (NATO) efforts to pro- programs of the Congressional Hispanic Caucus In- mote global peace, stability, and security; stitute; Pages H7704–07 Pages H7724–26 Supporting the goals and ideals of National Commending the George C. Marshall European GEAR UP Day: H. Res. 1638, to support the goals Center for Security Studies for its efforts to pro- and ideals of National GEAR UP Day; mote peace, stability and security throughout Pages H7707–09 North America, Europe, and Eurasia: H. Res. 528, Expressing support for the designation of the to commend the George C. Marshall European Cen- month of October as National Work and Family ter for Security Studies for its efforts to promote Month: H. Res. 1598, to express support for the peace, stability and security throughout North designation of the month of October as National America, Europe, and Eurasia; and Pages H7726–27 Work and Family Month; Pages H7709–11 Supporting the goals and ideals of National Expressing the sense of the House of Representa- Homeless Persons’ Memorial Day: H. Con. Res. tives that a National Day of Recognition for Par- 325, to support the goals and ideals of National ents of Special Needs Children should be estab- Homeless Persons’ Memorial Day. Pages H7728–30 lished: H. Res. 1576, amended, to express the sense Presidential Message: Read a message from the of the House of Representatives that a National Day President wherein he notified Congress of his deter- of Recognition for Parents of Special Needs Children mination that it is appropriate to exercise the statu- should be established; Pages H7711–12 tory alternative plan authority under 5 U.S.C. 5304a

VerDate Mar 15 2010 00:30 Apr 30, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D30NO0.REC D30NO0 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE D1130 CONGRESSIONAL RECORD — DAILY DIGEST November 30, 2010 to set alternative January 2011 locality pay rates for Trade, GAO; Richard S. Williamson, former Special civilian Federal employees covered by the General Envoy to Sudan; and public witnesses. Schedule and certain other pay systems—referred to the Committee on Oversight and Government Re- CONTINUING APPROPRIATIONS form and ordered to be printed (H. Doc. 111–156). Committee on Rules: Granted, by a non-record vote, a Page H7742 closed rule providing for consideration of H.J. Res. Quorum Calls—Votes: Two yea-and-nay votes and 101, Making further continuing appropriations for two recorded votes developed during the proceedings fiscal year 2011, and for other purposes. The rule of today and appear on pages H7657, H7700–01, provides 1 hour of debate equally divided and con- H7702–03, H7703. There were no quorum calls. trolled by the chair and ranking minority member of the Committee on Appropriations. The rule Adjournment: The House met at 10:30 a.m. and waives all points of order against consideration of the adjourned at 10:47 p.m. joint resolution except those arising under clause 9 or 10 of rule XXI. The rule provides that the joint Committee Meetings resolution shall be considered as read. The rule waives all points of order against the joint resolu- DOD RESPONSE TO REPORT ON tion. Finally, the rule provides one motion to recom- PROFESSIONAL MILITARY EDUCATION mit with or without instructions. Testimony was Committee on Armed Services: Subcommittee on Over- heard from Chairman Obey. sight and Investigations held a hearing on Continued Engagement: Department of Defense Responses to HEALTHY, HUNGER-FREE KIDS ACT OF the Committee’s April 2010 Report on Professional 2010 Military Education. Testimony was heard from the Committee on Rules: Granted, by a non-record vote, a following officials of the Department of Defense: closed rule providing for consideration of S. 3307, Lernes J. Hebert, Acting Director, Officer and En- Healthy, Hunger-Free Kids Act of 2010. The rule listed Personnel Management, Office of the Under provides 1 hour of debate equally divided and con- Secretary, Personnel and Readiness; BG William C. trolled by the chair and ranking minority member Hix, USA, Director, Operational Plans and Joint of the Committee on Education and Labor. The rule Force Development, J–7, Joint Chiefs of Staff; BG waives all points of order against consideration of the Sean MacFarland, USA, Deputy Commandant, Com- bill except those arising under clause 9 of rule XXI. mand and General Staff College, U.S. Army; Scott The rule provides that the bill shall be considered Lutterloh, Director, Total Force Training and Edu- as read. The rule waives all points of order against cation Division, U.S. Navy; Dan Sitterly, Director, the bill. Finally, the rule provides one motion to re- Force Development, Deputy Chief of Staff, Man- commit with or without instructions. Testimony was power and Personnel, U.S. Air Force; and MG Rob- heard from Chairman George Miller of California, ert Neller, USMC, President, Marine Courts Univer- and Representative Kline of Minnesota. sity. DEMOCRATIC REPUBLIC OF CONGO Joint Meetings CRISIS—U.S. NATIONAL SECURITY No joint committee meetings were held. IMPLICATIONS f Committee on Armed Services: Subcommittee on Ter- rorism, Unconventional Threats, and Capabilities COMMITTEE MEETINGS FOR WEDNESDAY, held a hearing on the Crisis in the Democratic Re- DECEMBER 1, 2010 public of Congo: Implications for U.S. National Se- (Committee meetings are open unless otherwise indicated) curity. Testimony was heard from Ted Dagne. Spe- Senate cialist in African Affairs, CRS, Library of Congress; John Prendergast, former Director, African Affairs, Committee on Banking, Housing, and Urban Affairs: To National Security Council; and a public witness. hold hearings to examine problems in mortgage servicing from modification to foreclosure, part 2, 9:30 a.m., INVESTMENTS TIED TO GENOCIDE SD–538. Committee on Commerce, Science, and Transportation: To Committee on Financial Services: Subcommittee on hold hearings to examine transition and implementation, International Monetary Policy and Trade held a hear- focusing on the NASA Authorization Act of 2010, 10:30 ing entitled ‘‘Investments Tied to Genocide: Sudan a.m., SR–253. Divestment and Beyond.’’ Testimony was heard from Full Committee, to hold hearings to examine mini Thomas Melito, Director, International Affairs and med policies, 2:30 p.m., SR–253.

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Committee on Foreign Relations: To hold hearings to ex- Circuit, Amy Totenberg, to be United States District amine Latin America in 2010, focusing on opportunities, Judge for the Northern District of Georgia, James Eman- challenges, and the future of the United States policy in uel Boasberg, and Amy Berman Jackson, both to be the hemisphere, 2:30 p.m., SD–419. United States District Judge for the District of Columbia, Committee on Health, Education, Labor, and Pensions: Busi- James E. Shadid, and Sue E. Myerscough, both to be ness meeting to consider S. 3817, to amend the Child United States District Judge for the Central District of Abuse Prevention and Treatment Act, the Family Vio- Illinois, James E. Graves, Jr., of Mississippi, to be United lence Prevention and Services Act, the Child Abuse Pre- States Circuit Judge for the Fifth Circuit, Paul Kinloch vention and Treatment and Adoption Reform Act of Holmes, III, to be United States District Judge for the 1978, and the Abandoned Infants Assistance Act of 1988 Western District of Arkansas, Anthony J. Battaglia, to be to reauthorize the Acts, S. 3199, to amend the Public United States District Judge for the Southern District of Health Service Act regarding early detection, diagnosis, California, Edward J. Davila, to be United States District and treatment of hearing loss, S. 3036, to establish the Judge for the Northern District of California, Diana Office of the National Alzheimer’s Project, S. 1275, to Saldana, to be United States District Judge for the South- establish a National Foundation on Physical Fitness and ern District of Texas, Max Oliver Cogburn, Jr., to be Sports to carry out activities to support and supplement United States District Judge for the Western District of the mission of the President’s Council on Physical Fitness North Carolina, Marco A. Hernandez, and Michael H. and Sports, H.R. 2941, to reauthorize and enhance Simon, both to be United States District Judge for the Johanna’s Law to increase public awareness and knowl- District of Oregon, and Steve C. Jones, to be United edge with respect to gynecologic cancers, an original bill States District Judge for the Northern District of Geor- entitled, ‘‘The Museum and Library Services Act of gia, and Michele Marie Leonhart, of California, to be Ad- 2010’’, and the nominations of Anthony Bryk, of Cali- ministrator of Drug Enforcement, and Stacia A. Hylton, fornia, Robert Anacletus Underwood, of Guam, and Kris of Virginia, to be Director of the United States Marshals D. Gutierrez, of Colorado, all to be a Member of the Service, both of the Department of Justice, and Patti B. Board of Directors of the National Board for Education Saris, of Massachusetts, and Dabney Langhorne Friedrich, Sciences, Sean P. Buckley, of New York, to be Commis- of Maryland, both to be a Member of the United States sioner of Education Statistics, Department of Education, Sentencing Commission, 10 a.m., SD–226. Susan H. Hildreth, of Washington, to be Director of the Institute of Museum and Library Services, Cora B. House Marrett, of Wisconsin, to be Deputy Director of the Na- Committee on Armed Services, Subcommittee on Strategic tional Science Foundation, and Allison Blakely, of Massa- Forces, hearing on the status of the phased adaptive ap- chusetts, to be a Member of the National Council on the proach, 2 p.m., 2212 Rayburn. Humanities, and subcommittee assignments; to be imme- Committee on Foreign Affairs, hearing on Implementing diately followed by a hearing to examine the Pension Tougher Sanctions on Iran: A Progress Report, 9:30 a.m., Benefit Guaranty Corporation, focusing on management 2172 Rayburn. and oversight, 9:45 a.m., SD–430. Committee on the Judiciary, Subcommittee on Courts and Committee on the Judiciary: Business meeting to consider Competition Policy, hearing on Antitrust Laws and Their S. 3675, to amend chapter 11 of title 11, United States Effects on Health care Providers, Insurers and Patients, Code, to address reorganization of small businesses, S. 10:30 a.m., 2141 Rayburn. 2888, to amend section 205 of title 18, United States Permanent Select Committee on Intelligence, executive, brief- Code, to exempt qualifying law school students partici- ing on WikiLeaks Unauthorized Disclosures of Classified pating in legal clinics from the application of the general Information, 11 a.m., 304–HVC. conflict of interest rules under such section, S. 3728, to Subcommittee on Intelligence Community Manage- amend title 17, United States Code, to extend protection ment, hearing on Update on Security Clearance Reform, to fashion design, S. 1598, to amend the National Child 1 p.m., 2253 Rayburn. Protection Act of 1993 to establish a permanent back- Select Committee on Energy Independence and Global Warm- ground check system, and the nominations of Robert ing, hearing entitled ‘‘Not Going Away: America’s Energy Neil Chatigny, and Susan L. Carney, both of Connecticut, Security, Jobs and Climate Challenges,’’ 11 a.m., 210 both to be United States Circuit Judge for the Second Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, December 1 10 a.m., Wednesday, December 1

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Consideration of S. 3307— morning business. Healthy, Hunger-Free Kids Act of 2010 (Subject to a (Senate will recess from 12:30 p.m. until 3:30 p.m. for the Rule). Democratic caucus meeting.)

Extensions of Remarks, as inserted in this issue

HOUSE Emerson, Jo Ann, Mo., E2011 Pence, Mike, Ind., E2014 Gerlach, Jim, Pa., E2014 Peterson, Collin C., Minn., E2014 Austria, Steve, Ohio, E2006 Graves, Sam, Mo., E2012, E2013 Quigley, Mike, Ill., E2008, E2012 Bilirakis, Gus M., Fla., E2010 Hunter, Duncan, Calif., E2013 Rohrabacher, Dana, Calif., E2013 Bonner, Jo, Ala., E2005, E2007, E2008, E2010, E2011, Israel, Steve, N.Y., E2012 Ryan, Tim, Ohio, E2015 E2013 Kildee, Dale E., Mich., E2005 Sa´ nchez, Linda T., Calif., E2007 Boustany, Charles W., Jr., La., E2013 Maloney, Carolyn B., N.Y., E2005, E2006, E2007, E2008, Schwartz, Allyson Y., Pa., E2014 Brady, Kevin, Tex., E2016 E2009, E2010, E2011, E2012 Sullivan, John, Okla., E2016 Cohen, Steve, Tenn., E2015 Matheson, Jim, Utah, E2005 Towns, Edolphus, N.Y., E2015 Connolly, Gerald E., Va., E2015, E2016, E2016 Miller, George, Calif., E2009 Wasserman Schultz, Debbie, Fla., E2011 Duncan, John J., Jr., Tenn., E2007 Miller, Jeff, Fla., E2014 Yarmuth, John A., Ky., E2006 Ehlers, Vernon J., Mich., E2008 Owens, William L., N.Y., E2015 Young, Don, Alaska, E2009

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