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

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

Vol. 155 WASHINGTON, WEDNESDAY, APRIL 1, 2009 No. 55 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- Once again, Madam Speaker, I rise to called to order by the Speaker pro tem- nal stands approved. honor and celebrate Nowruz. pore (Mrs. TAUSCHER). f f f PLEDGE OF ALLEGIANCE AUTO PLAN DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the (Mrs. MILLER of Michigan asked and PRO TEMPORE gentleman from Alabama (Mr. BRIGHT) was given permission to address the The SPEAKER pro tempore laid become forward and lead the House in the House for 1 minute and to revise and fore the House the following commu- Pledge of Allegiance. extend her remarks.) nication from the Speaker: Mr. BRIGHT led the Pledge of Alle- Mrs. MILLER of Michigan. Madam Speaker, I rise today to let my col- WASHINGTON, DC, giance as follows: April 1, 2009. leagues know that there is no chal- I pledge allegiance to the Flag of the lenge that we in Michigan cannot han- I hereby appoint the Honorable ELLEN O. United States of America, and to the Repub- TAUSCHER to act as Speaker pro tempore on lic for which it stands, one nation under God, dle. So when the administration’s auto this day. indivisible, with liberty and justice for all. plan came out this week, and it was an- NANCY PELOSI, nounced that some decisions have been f Speaker of the House of Representatives. made that might mean even tougher f ANNOUNCEMENT BY THE SPEAKER times ahead, I knew that we would just PRAYER PRO TEMPORE do what we have always done: roll up our sleeves and get to work. And that’s The Chaplain, the Reverend Daniel P. The SPEAKER pro tempore. The Chair will entertain up to 15 requests exactly what we are doing. Coughlin, offered the following prayer: Recently, a bipartisan group of us in Lord God of all goodness and life, the for 1-minute speeches on each side of the aisle. Congress introduced the CARS Act, Holy Scripture teaches the human fam- which would offer vouchers to Ameri- ily that human progress, though it is a f cans to purchase new fuel-efficient cars blessing, brings also a great tempta- HONORING NOWRUZ made in North America, while trading tion. in their old gas guzzlers. I was encour- When there is an imbalance with oth- (Mr. HONDA asked and was given permission to address the House for 1 aged to hear the President say this ers on the scale of values, tensions are week that he is in favor of such an in- minute.) raised. centive program. Mr. HONDA. Madam Speaker, I rise When evil becomes mixed with what This ‘‘cash for clunkers’’ program is is good, both individuals and nations today to honor Nowruz, a holiday a win-win plan. It gives our auto indus- can be worried only about their own in- which marks the traditional Iranian try a much-needed boost, it cleans up terests. new year. our environment at the same time, and In our own day of economic difficulty Over 1 million Iranian Americans and it does what those in Michigan and this and uncertainty and world markets, the people of Iran celebrated Nowruz great country have always done. It cre- protect us, Lord, and free us from be- on Friday, March 20, and I introduced a ates an innovative solution to answer coming narrow-minded or so frightened resolution which recognizes the cul- the call of a challenge. that self-interest devours any sense of tural and historical significance of Let’s support this plan and continue compassion or concern about others. Nowruz. It expresses also appreciation to work together to create solutions. May insecurity never rob us of to Iranian Americans for their con- That is the Michigan way. That is the thanksgiving or sharing our blessings. tributions to society and wishes Ira- American way. nian Americans and the people of Iran Before You, all is transparent and ac- f countable, both now and forever. a prosperous new year. Amen. I’m proud to represent a civically en- CONGRATULATING HARRY N. MIXON ELEMENTARY SCHOOL ON f gaged Iranian American community, and I’d like to commend the initiative RECEIVING THE ACCELERATED THE JOURNAL and instrumental support given by the READER RENAISSANCE MASTER The SPEAKER pro tempore. The Public Affairs Alliance of Iranian SCHOOL AWARD Chair has examined the Journal of the Americans and the National Iranian (Mr. BRIGHT asked and was given last day’s proceedings and announces Council, who I have had the pleasure of permission to address the House for 1 to the House her approval thereof. working with on this resolution. minute.)

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

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VerDate Nov 24 2008 04:56 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.000 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4254 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Mr. BRIGHT. Madam Speaker, this BUDGET AND FISCAL Our budget will address national past Friday I had the privilege of at- RESPONSIBILITY challenges like affordable health care, tending the Accelerated Reader Renais- (Mr. WALZ asked and was given per- uncertainty in our dollar and Social sance Master School Award ceremony mission to address the House for 1 Security, as well as high gas and elec- at an elementary school in my district, minute.) tricity costs. It is a budget that re- Harry N. Mixon Elementary School in Mr. WALZ. Madam Speaker, I rise flects the spirit of responsibility we are Ozark, Alabama. today to say a few words about our new seeing from families all across Amer- To achieve this award, 90 percent of budget that we’ll be debating and vot- ica. Mixon Elementary School students had ing on this week, and on fiscal respon- In conclusion, God bless our troops, to read and comprehend 90 percent of sibility. and we will never forget September the what they read. On average, students This country is in the midst of an 11th and the global war on terrorism. read 92 books each during the school economic crisis the likes of which few f year, and that means the student body have ever seen. The Recovery Act this INTRODUCTION OF CRUISE VESSEL read 50,526 books through the course of House passed in February was the first SECURITY AND SAFETY ACT OF this year. There are only six other major step in our response to that cri- 2009 schools in Alabama to win this award, sis. It cannot be the last. We must not (Ms. MATSUI asked and was given and nationwide only 127 schools go back on the progress we have begun. achieved this goal out of over 60,000 The budget we will consider will ad- permission to address the House for 1 schools. dress the crisis. It will begin the trans- minute and to revise and extend her re- It is quite an achievement for the formation of our economy so that it marks.) Ms. MATSUI. Madam Speaker, mem- students, Ms. Donna Stark who is the emerges stronger than ever, and we bers of the International Cruise Vic- principal, and Mike Lenhart, the super- will do it in a way that gets us on the tims are on Capitol Hill this week to intendent, and the faculty and parents path toward fiscal balance. This is an at Mixon elementary, and it was an raise awareness of cruise safety issues. incredibly difficult challenge. Over 13 million Americans will take a honor to be part of the ceremony. No one likes deficit spending. I come cruise this year. However, few pas- By achieving such a high reading from southern Minnesota, a fiscally sengers are fully aware of the potential level at a young age, the students at conservative place, and it’s no accident for a crime to occur, and those who are Mixon are preparing themselves for fu- that we have preserved ourselves from victimized often do not know their ture success and setting an example for some of the worst excesses of this econ- legal rights and whom to contact for all young people nationwide. omy. help. I would like my congressional col- But this plan and this budget before Those who have come to Capitol Hill leagues to join me in congratulating us have just the right mix. It invests in this week have lost daughters, parents, the students of Harry N. Mixon Ele- key priorities like health care, edu- aunts and husbands, and some were mentary School on this outstanding cation, and energy independence to get victims of sexual assault or other achievement. our economy moving, and it cuts the crimes on the high seas. deficit by two-thirds by 2013. What is Due to the absence of law enforce- f not fiscally responsible is to support ment officials on ocean voyages, it can the same policies that got us into this be difficult or impossible to properly ALL-ABOARD mess in the first place. That I will not resolve many of these crimes. support. (Mr. POE of Texas asked and was That is why I have introduced the If the alternative to this budget is Cruise Vessel Security and Safety Act given permission to address the House basically the same plan, tax cuts to the for 1 minute.) of 2009 with Senator KERRY. This bill super-rich and no efforts to address has been informed by three congres- Mr. POE of Texas. Madam Speaker, health care that we know does not when most people think about taking a sional hearings and the stories of the work, that’s not fiscal responsibility. individuals who bravely came forward. cruise, they imagine dream destina- That’s the height of fiscal irrespon- tions, sunny days, and boatloads of fun. I want to thank Ken Carver, Laurie sibility. Dishman and the many others who What people don’t imagine is that On the other hand, if this budget will these so-called fun ships are not free have come here to bring awareness to help create the vital economic growth this issue. from crime. Sometimes American pas- that we have lost, I will support it. sengers disappear on the high seas or f f become victims of sexual or physical BUDGET DEBATE 3 OUR BUDGET MAKES TOUGH, assault. (Ms. FOXX asked and was given per- RESPONSIBLE CHOICES You see, American passengers board mission to address the House for 1 these ships in U.S. ports and do not re- (Mr. WILSON of South Carolina minute and to revise and extend her realize the ship is likely registered in a asked and was given permission to ad- marks.) foreign country. That means these lux- dress the House for 1 minute and to re- Ms. FOXX. Today, the House will ury ships are not required to report vise and extend his remarks.) consider whether we put our fiscal crimes to our government unless the Mr. WILSON of South Carolina. house in order or whether we continue crime occurs within U.S. territorial Madam Speaker, sadly, one of the ways the same failed policies of wasteful waters. This creates a serious problem Democrats may choose to trim Presi- spending and skyrocketing debt. for protecting the rights of Americans. dent Obama’s massive borrow-and- We will decide whether we continue As founder of the Victims Rights spend budget is to sunset middle-class the great American tradition of leaving Caucus and a former judge, it seems to tax cuts. So, after looking over the our children a Nation stronger and me Americans should be concerned by budget that already borrows too much, more prosperous than the one our par- the absence of law enforcement on spends too much, and taxes too much, ents left for us. cruise ships, concerned by the lack of they’ve decided that they will save The President and Democrats in duty to report crime and concerned money by taking tax breaks away from Washington have proposed a budget with the sometimes careless way that American families. that takes this country in the wrong crime scenes are handled or not han- Republicans believe we should help direction. The President proposes dled at all. American families and small busi- many of the same failed policies that Americans should be protected on nesses keep more of their own money caused our economic crisis, a budget U.S. soil or on the high seas. Rep- so they can create jobs. We do not bal- that spends too much, taxes too much, resentative MATSUI’s Cruise Vessel ance our budgets on the backs of the and borrows too much. Safety and Security Act will help pro- American taxpayer. We are promoting Our children and grandchildren detect Americans on cruise ships. It’s the ideals of limited government, being serve better. It’s time to get our fiscal high time we take back the high seas. threatened by the massive growth of house in order and make the tough de- And that’s just the way it is. big government. cisions needed to set this country back

VerDate Nov 24 2008 23:40 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.003 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4255 on the path of economic growth and taxes, where pork-laden appropriations are not the cornerstone to grow an fiscal responsibility. bills are done behind closed doors, and economy. That happens in the private The Republicans will present our massive spending bills are designed in sector. budget plan that does just that, a budg- secrecy. We need to be focusing now on what’s et plan that curbs spending, keeps Writing blank checks from an empty going to help our small businesses, our taxes low, and tackles our Nation’s bank account appears to be our real mom-and-pop stores, the people on skyrocketing deficits and debt. promise to America. Promoting a new Main Street that are really struggling. The Congress must reject the Presi- era of irresponsibility has become this That’s where economic growth takes dent’s budget and begin working on be- Congress’ real agenda. place. half of the American people. I will not vote for this budget, as it So let’s make sure that we are leav- f spends too much, taxes too much, and ing our country with freedoms and op- borrows too much. portunities for the next generation. CESAR CHAVEZ TRIBUTE And it starts with a budget that’s re- f (Mr. BACA asked and was given per- sponsible. mission to address the House for 1 b 1015 f minute.) HEALTH CARE SHERIFF PRIBIL Mr. BACA. I rise today to commemo- rate the 82nd birthday of a true Amer- (Mr. SIRES asked and was given per- (Mrs. KIRKPATRICK of Arizona ican hero, the late Cesar Chavez. mission to address the House for 1 asked and was given permission to ad- For 10 years, I have fought for a na- minute.) dress the House for 1 minute.) tional holiday to honor Cesar Chavez, a Mr. SIRES. Madam Speaker, my con- Mrs. KIRKPATRICK of Arizona. My man who not only carried the torch for stituents worry about the rising cost of friend, Bill Pribil, presides as sheriff over Coconino County in Arizona. For 5 justice and freedom, but was the bea- health care. Today, I rise to let them years, Bill has successfully navigated con of hope for thousands without a know we are working to make health the challenges of overseeing law en- voice. care more affordable and accessible. forcement in a very vast and diverse As a cofounder and president of We already strengthened and im- area, all while keeping our community United Farm Workers, Cesar used non- proved the State Children’s State In- surance Program. Nearly 11 million safe. violent tactics to bring attention to Since taking office, Sheriff Pribil has the dangerous working conditions in children will benefit from actions by enrolling them in health insurance pro- brought a new perspective to the job, the fields and the plight of exploited having initiated a number of programs farm workers and their right to grams and expanding access to dental and mental health benefits. in the county to reduce crime. These unionize. programs include the Community The reach of his accomplishments This year, we voted to increase fund- Emergency Response Team, which pro- stretches far beyond the Latino coming for health care information tech- vides the community with disaster pre- munity. The battle for social justice is nology, saving billions of dollars and paredness and response training; the far from being over. But in the words of reducing private health insurance pre- Exodus Program to reduce recidivism Cesar Chavez, ‘‘si se puede!’’ miums for families. We also increased by helping prisoners overcome sub- During these hard economic times, Medicaid funding, protecting coverage stance abuse; and the Leadership in Po- let us not forget that history teaches for millions of low-income and elderly lice Organization Program to improve us many things. True leaders are those Americans. training in his department, which has who fight for those without a voice, While more needs to be done, that is helped him successfully crack down on and he was one that fought for many of why I will vote for President Obama’s budget. He sets aside more than $630 meth, drugs, and violent crime. those who didn’t have voices. I congratulate Sheriff Pribil. As we approach his birthday, I urge million over the next 10 years to re- my colleagues to support House Reso- form health care, reduce Medicare f lution 213, a resolution that educates overpayments to private insurance, TIME TO TAKE RESPONSIBILITY our youth about Cesar Chavez and his and reduce drug prices to rein in high (Mr. HUNTER asked and was given accomplishments and I urge the cre- costs that are a drag on our entire permission to address the House for 1 ation of a national holiday for him. economy. minute.) I urge everyone to support this budg- f Mr. HUNTER. I joined the Marine et. Corps after 9/11, as did thousands of WHAT DOES RENEWING AMERICA’S f Americans, for one defining reason—so PROMISE MEAN? my children wouldn’t have to. I went (Mr. FLEMING asked and was given OBAMA’S BUDGET BORROWING TOO MUCH to Iraq twice and Afghanistan once, as permission to address the House for 1 thousands of Americans have, so my minute.) (Mrs. MCMORRIS RODGERS asked children and our children wouldn’t Mr. FLEMING. Madam Speaker, for and was given permission to address have to. the past few months we’ve heard our the House for 1 minute and to revise It is in that vein that I rise today be- liberal colleagues repeatedly talk and extend her remarks.) cause it is up to this Congress to make about renewing America’s promise. Is Mrs. MCMORRIS RODGERS. You responsible choices so our children are it America’s promise to place an insur- know, like most moms in this country, not beset by financial ruin. It is up to mountable debt burden on our future I look at my two-year-old and I won- us to make good decisions right now in generations? der: What kind of a world will he in- this defining moment in American his- This Congress just passed the largest herit; who will his friends be; what will tory so our children can grow up with- series of spending bills in American his expectations be, what will his out being punished so that this admin- history, and now this administration dreams be? istration can make short-term gains has unveiled a $3.6 trillion Federal Like many middle-class families, I without making any tough choices. spending plan. The U.S. is facing its wonder: Will my child enjoy the same Tax cuts for the working class; more largest deficit in history; yet we have freedoms and opportunities that we government responsibility; and less placed a mortgage on America’s future, enjoy today? debt, less spending; were all campaign and it’s up to our children and grand- When I was born, my share of the na- talking points for President Obama and children to make the monthly pay- tional debt was $1,800. Now for my congressional Democrats. That’s all ments. child’s generation, it is $30,000 the mo- they were—talking points. This budget doubles our debt in 5 ment that he’s born. It’s estimated The buck stops with this budget that years and triples it in 10 years. that that’s going to double in his first is before Congress now. And this budg- My liberal colleagues have fostered 5 years—to $60,000. et can make us or break us. It is time in a new era where you can become the Government programs can certainly we take responsibility for the direction head of the IRS without paying your help people, but government programs of this country and stop spending.

VerDate Nov 24 2008 23:40 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.006 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4256 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Just stop spending. No more TARP, to reject the idea that we are going to room of the nearest hospital. But the no more stimulus, no cap-and-trade tax continue to run this government on a care they get there costs six times as on small business, no tax on charitable credit card. That’s why I urge my col- much as preventive care—and is far donations, no energy tax on working leagues to look very strongly at this less effective. Americans. Surely, no more burying budget and just say ‘‘no.’’ Those of us who pay the full cost of our children in debt while we spend, We can no longer afford to continue our health care end up picking up the tax, and borrow our way into oblivion. to spend the way Washington, DC, tab for the care we provide the unin- I ask the Democrats in this adminis- spends. We need to operate this coun- sured in the emergency room. That’s tration to put the checkbook down. try in a fiscally disciplined manner. just one reason we as a Nation pay far f That’s why I encourage my colleagues more for health care than we get back in return. In fact, on average, every MYTH: MOST INDIVIDUALS WITH- to look strongly at the Republican alternative, because in that budget you American spends about $900 each year OUT HEALTH INSURANCE DON’T to pay the cost of treating the unin- HAVE IT BECAUSE THEY DON’T will see responsibility. f sured badly. That is pure waste. WANT IT There are some good signs coming (Mr. MURPHY of Connecticut asked STRUGGLE AGAINST VIOLENT out of the current health care debate. and was given permission to address EXTREMISM Congress and this President have al- the House for 1 minute.) (Mr. MORAN of Virginia asked and ready extended health coverage to an Mr. MURPHY of Connecticut. An- was given permission to address the additional 4 million children this year other health care myth—and we’ve House for 1 minute and to revise and by enacting a bipartisan expansion of heard it all before: opponents of health extend his remarks.) the State Children’s Health Insurance care reform claim that, of the 45 mil- Mr. MORAN of Virginia. Madam Program. lion uninsured, many don’t have health Speaker, a couple of recent Washington We waited too long to address this care insurance because they just don’t Post headlines deserve mentioning on problem. We’ve paid a huge price by want it. So no need to reform the the House floor. The first was on March not confronting it sooner. I look for- health insurance system—everybody 16, where the Red Cross Confirmed that ward to working with the President who wants it already has it. the United States Violated Inter- and my colleagues on commonsense so- So who are these people who just national Laws Against Torture. lutions that will extend coverage to all don’t want health care insurance? Well, Last Sunday’s article points out that Americans. according to a 2008 Kaiser study, 68 per- that torture policy applied to an indi- f cent of the Nation’s uninsured were vidual by the name of Abu Zubaida under 200 percent of the Federal pov- HOUSING CRISIS IN THE CENTRAL sent our government officials on any erty guidelines—or making under VALLEY number of false leads. It produced no $44,000 a year for a family of four. Of (Mr. CARDOZA asked and was given reliable information. It turns out that those, 37 percent were actually living permission to address the House for 1 that suspect, Abu Zubaida, wasn’t even in poverty—making under $22,000 a minute.) year. an official member of al Qaeda. He told Mr. CARDOZA. I rise today to re- These are families that cannot afford our professional interrogators what he mind my colleagues that the housing health insurance. For a family living knew to be true, until—under pressure crisis continues to devastate across at the poverty line, health insurance from the Cheney White House to tor- this country. My constituents in could cost them up to half of their in- ture him—he sent our government on Merced, California, near my hometown come. any number of false leads. As usual, of Atwater, are suffering from 19.9 per- Sure, there are some amongst the un- people being tortured tell you what cent unemployment, the highest rate insured who simply choose to pay their they know that you want to hear in of foreclosures in the Nation, and a 70 own way. But there are many more order to stop the torture. percent loss of their home equity over who are employed, who are playing by The point for the Congress to act on the last 3 years. the rules, who want health care insur- is that if we are ever going to prevail They have seen their community ance but just can’t cut out those frivo- in our struggle against violent extre- banks fail and their businesses on Main lous things like food and clothes to pay mism, we need to stand up for Amer- Street close their doors for good. Sim- the premium. ica’s defining principles of equal jus- ply put, the Central Valley is experi- tice under the law. We have to hold f encing an economic tsunami that will those people accountable who pres- leave the Central Valley struggling for RESPONSIBILITY sured and enabled American govern- many years. (Mr. CHAFFETZ asked and was given ment officials to perform actions that That is why I’m working on legisla- permission to address the House for 1 were counterproductive to our national tion to devise an Economic Disaster minute and to revise and extend his re- security, that were illegal, and were Area designation—so places like my marks.) immoral, and thus were anti-American. district, whose communities have been Mr. CHAFFETZ. Life, liberty and the Only through such judicial account- disproportionately affected by the pursuit of happiness: that is what the ability can we regain the moral high country’s recession, can receive addi- American Dream is all about. It’s been ground and once again lead the world tional Federal funding they need to the American entrepreneur, it’s the by practicing what our founders keep from falling off the maps. American family, it’s the individual preached. I’m asking my colleagues to support who starts and wants to build their f me in my efforts to create this Eco- own business that’s going to drive this COVER THE UNINSURED WEEK nomic Disaster Area designation and to country and this economy forward. It’s help my constituents and the entire not Big Government that’s going to get (Mr. BARROW asked and was given Central Valley recover from this eco- us out of this. It’s going to be the permission to address the House for 1 nomic downturn. minute.) American family and the American en- f trepreneur. Mr. BARROW. Madam Speaker, I rise I look at the President’s budget, today to call attention to the rising WE ARE GOING TO RECOVER what the Democrats are proposing and, number of uninsured in America. Right (Ms. CASTOR of Florida asked and quite frankly, it spends too much, it now, nearly 50 million Americans have was given permission to address the taxes too much, and it borrows too no health insurance. That is nearly one House for 1 minute and to revise and much. We will literally double the debt in six. One in six. extend her remarks.) in this country that will be paid at These aren’t just numbers on a page. Ms. CASTOR of Florida. Madam some point by our kids and our This has real effects on the rest of us, Speaker, the economic recovery plan grandkids. because when millions of Americans signed by President Obama is saving We have an opportunity to reject the who have no health insurance get sick and creating jobs all across the coun- overspending; we have an opportunity enough, they end up in the emergency try. It was just signed into law 6 weeks

VerDate Nov 24 2008 23:40 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.007 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4257 ago, but millions of jobs are being cre- of this country, which I call the res- lative days within which to revise and ated, including in my community in toration budget. extend their remarks and to insert ex- Tampa, Florida. There may be a number of perspec- traneous materials into the RECORD. Monday, in the Tampa Bay area, we tives from the White House, from this The SPEAKER pro tempore. Is there announced that we are going to draw Congress, both House and Senate. But I objection to the request of the gen- down over $3.5 million for our commu- am delighted that many of us have or- tleman from Massachusetts? nity health centers to hire new doc- ganized to support basic principles of There was no objection. tors, nurses, and medical professionals reducing the deficit. The congressional Mr. MCGOVERN. I yield myself such that will be able to serve more patients progressive budget does it at 58 per- time as I may consume. in an affordable way. This is happening cent. Or, focusing on enhancing the op- Madam Speaker, H. Res. 305 provides all across our country. portunities of health for all; or, pro- for general debate on H. Con. Res. 85, In addition, we expect additional dol- viding additional stimulus money of the budget resolution for fiscal year 2010. Madam Speaker, I am honored to lars to put folks back to work con- $300 billion; looking at the issues of stand here today to introduce the fiscal structing community health centers global warming and energy independ- year 2010 House budget resolution. across this country in just a matter of ence; and fully funding elementary and I want to thank my friend, the Budg- weeks. secondary education, ideas that per- et Committee Chairman JOHN SPRATT, The economic recovery plan is work- meate throughout the various discus- for all of his incredible work on this ing. We are going to recover and Amer- sions and budgets that you will see budget. He is smart, he is fair, and no ica will be stronger than ever before. here today, particularly as we in the one cares more about these issues. f majority lead. I also want to thank our ranking Our principles are equality for all, b 1030 member, PAUL RYAN. Even though I putting the economy back on its feet, often disagree with him, I admire his AMENDMENT TO H.R. 1664 and putting the economic engine back intellect and his dedication to his prin- in the hands of America, educating (Mrs. DAHLKEMPER asked and was ciples. I thought we had a spirited, sub- them, extinguishing poverty. I am very given permission to address the House stantive debate in the Budget Com- proud that we will have the oppor- for 1 minute.) mittee, and I am sure we will have tunity to serve America. Mrs. DAHLKEMPER. Madam Speak- more of the same here on the House er, I rise today on behalf of the hard- f floor. working families of my district in the PROVIDING FOR CONSIDERATION I also would like to thank the staff of State of Pennsylvania who have been OF H. CON. RES. 85, CONCURRENT the Budget Committee, Democrat and Republican, for their tireless effort and hit especially hard by the economic RESOLUTION ON THE BUDGET their commitment to public service. downturn. Across my district, pay- FOR FISCAL YEAR 2010 Madam Speaker, the budget before us checks just don’t seem to stretch as far Mr. MCGOVERN. Madam Speaker, by today represents a clean break from to buy groceries and to pay the utility direction of the Committee on Rules, I the past. For the last 8 years, President bills. Many have had to take a pay cut call up House Resolution 305 and ask Bush flat out mismanaged the Federal simply to keep their job. for its immediate consideration. budget. How? By enacting huge tax Madam Speaker, my constituents are The Clerk read the resolution, as fol- cuts for the wealthiest Americans that struggling just to make ends meet, and lows: led to skyrocketing deficits, by spend- they are sick and tired of seeing their H. RES. 305 ing hundreds of billions of dollars on hard-earned tax dollars go to pay the the wars in Iraq and Afghanistan with- excessive bonuses at companies like Resolved, That at any time after the adoption of this resolution the Speaker may, pur- out paying for them, and by refusing to AIG. However, I have good news for suant to clause 2(b) of rule XVIII, declare the invest in the American people. those who want to put an end to this House resolved into the Committee of the In November, the American people shameless practice. Today, my col- Whole House on the state of the Union for said ‘‘enough,’’ and they voted for leagues on both sides of the aisle have consideration of the concurrent resolution change. They voted for new direction. an opportunity to support my amend- (H. Con. Res. 85) setting forth the congres- And that is what this budget is all ment to H.R. 1664. sional budget for the United States Govern- ment for fiscal year 2010 and including the about. We are not only turning the The purpose of my amendment is to page on the last 8 years, we are writing close any loopholes and to make it appropriate budgetary levels for fiscal years 2009 and 2011 through 2014. The first reading a whole new book, and our budget cuts crystal clear that excessive taxpayer- of the concurrent resolution shall be dis- the deficit by more than half by 2013. It funded bonuses are absolutely not al- pensed with. All points of order against con- cuts taxes for middle-income families lowed, regardless of when the executive sideration of the concurrent resolution are by $1.5 trillion. It creates jobs by in- worked at the company. Let me repeat waived. General debate shall not exceed four vesting in health care, clean energy, that. It does not matter when the exec- hours, with three hours confined to the con- and education. utive was employed at the company, it gressional budget equally divided and controlled by the chair and ranking minority Now, let me briefly outline those does not matter what the official name three areas: Fiscal discipline, middle- of the bonus is called; all excessive bo- member of the Committee on the Budget and one hour on the subject of economic goals class tax cuts, and investments in the nuses at taxpayer expense are prohib- and policies equally divided and controlled American people. ited. by Representative Maloney of New York and As I said, our budget will cut the def- Madam Speaker, I came to Congress Representative Brady of Texas or their des- icit by more than half in 2013. In order to represent my constituents on Main ignees. After general debate the Committee to get us back on a fiscally sustainable Street, not the corporate executives on of the Whole shall rise without motion. No path, the budget provides a realistic as- Wall Street. That is why I voted further consideration of the concurrent reso- sessment of our fiscal outlook. against the Wall Street bailout, and lution shall be in order except pursuant to a Unlike the Bush administration, we subsequent order of the House. that is why I am offering my amend- actually budget for the wars in Iraq ment today, to protect taxpayer dol- The SPEAKER pro tempore. The gen- and Afghanistan instead of hiding them lars and hold Wall Street executives tleman from Massachusetts is recog- under, quote, emergency spending cat- accountable. nized for 1 hour. egories. We budget for natural disas- Mr. MCGOVERN. Madam Speaker, for f ters that inevitably will occur. the purposes of debate only, I yield the Our budget cuts taxes for 95 percent THE RESTORATION BUDGET customary 30 minutes to the gen- of Americans. Let me repeat that, (Ms. JACKSON-LEE of Texas asked tleman from California (Mr. DREIER). Madam Speaker, because we are going and was given permission to address All time yielded during consideration to hear a lot of rhetoric from the other the House for 1 minute.) of the rule is for debate only. side about taxes. The Democratic budg- Ms. JACKSON-LEE of Texas. Madam GENERAL LEAVE et, the Obama budget cuts taxes for 95 Speaker, today we will begin an his- Mr. MCGOVERN. I ask unanimous percent of Americans. It provides im- toric opportunity to address the budget consent that all Members have 5 legis- mediate relief from the alternative

VerDate Nov 24 2008 23:40 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.010 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4258 CONGRESSIONAL RECORD — HOUSE April 1, 2009 minimum tax, it eliminates the estate We are presenting a budget, Madam there are those expenses that are im- tax in nearly all the States, and works Speaker, with a conscience. It is a portant and worthy and useful, but just to close corporate tax loopholes. budget that believes in the American aren’t possible when funds are tight. You see, all of us believe in altering spirit, and it is a budget that fulfills These choices are clearly the very the Tax Code. We believe that we the promises that President Obama hardest. We want to buy the kids a new should reduce the tax burden on the made to the American people. laptop for college or build a new addi- middle class and those trying to get We are at a crucial moment, Madam tion onto the house, but we know that into the middle class. We believe that Speaker. Our country can meet its po- the money just isn’t there right now. corporations shouldn’t be allowed to tential. Our children can have a better So we tighten our belts, figure out a shirk their responsibility by hiding future. But in order to make that hap- way to spend our money more wisely, their profits in offshore tax havens. pen, we need a change. We need to and save for the things that are most The other side believes we should remove in a bold, innovative, new direc- important. duce taxes for the very wealthiest. It is tion. We need to pass this budget. I This is how America’s families and a simple difference of philosophy. And, urge my colleagues to join me in sup- businesses are dealing with the eco- most importantly, this budget actually port of this rule and the underlying nomic difficulties that we all face invests in the American people. bill. today. If only the Democratic leader- What a welcome change from the I reserve the balance of my time. ship and this budget that my friend past 8 years. We invest in health care Mr. DREIER. Madam Speaker, I yield touts as the Democratic-Obama budget reform, not just to improve health care myself such time as I may consume. would do the same. They could learn a quality and improve coverage, but to (Mr. DREIER asked and was given lot from the American people, Madam reduce the crushing burden of health permission to revise and extend his re- Speaker. care costs on American businesses. Ev- marks.) The Democratic budget before us erybody likes to talk about health care Mr. DREIER. Let me begin by ex- today recklessly abandons any sem- reform. This budget, the Democratic pressing my appreciation to my very blance of responsible decisionmaking. budget, the Obama budget actually good friend from Worcester for yielding It spends as though the money is just gets it done. me the customary 30 minutes. flowing in, and it raises taxes as We invest in clean energy in order to Madam Speaker, it is interesting though American businesses and fami- create jobs, improve the environment, that we begin this April Fool’s Day lies have endless cash to spare. But we and reduce our dependence on foreign with the budget debate. You know, we know all too painfully well that this is oil. We invest in renewable energy and have some very, very serious economic far from the case. Ask anyone out energy efficiency. Everybody likes to challenges here, and the sad thing from there. It is time for the Democratic talk about energy independence, but my perspective is the fact that this majority to wake up to our economic this budget actually gets it done. budget, which was just described by my reality. We invest in education to reclaim our friend as the Democratic-Obama budg- 1045 place as the best educated workforce in et, is not a joke. b the world. We work to expand early The thing that is so incredibly ironic This is not the time to raise taxes on childhood education and to make col- is that 45 seconds ago my friend just small businesses and working families. lege more affordable. Everybody likes said we must get a handle on these They like to claim that their tax hikes to talk about improving education, but deficits. ‘‘We must get a handle on will only hit the super-rich. They are this budget actually gets it done. these deficits,’’ is what my friend has wrong. Their income tax hikes will hit So that is what we could do, and that just said, and yet this budget, this the small businesses that are the back- is what we do. As for my Republican Democratic-Obama budget of which my bone of our economy. And their cap- friends, it is more of the same. Last friend is so proud in fact over the next and-trade program, the great source of week, they made a big to-do when they 5 years doubles the national debt and revenues, which is really a cap-and-tax introduced their own ‘‘budget.’’ In fact, over the next 10 years triples the na- program, will raise taxes on every sin- it wasn’t much of a budget at all, given tional debt. gle household in America. Families the fact that it didn’t include any num- We all concur on this notion of try- will get slapped with new energy taxes bers. What it did include was lots of ing to get deficits under control. It is a of up to $3,100 a year. Every time our empty rhetoric and a belief in massive very high priority. Everyone says this. constituents flip on a light switch or tax cuts for the wealthiest. What we need to do is we need to work turn on the microwave or drive the Madam Speaker, the American peo- to rein in government spending rather kids to school, they will feel the pain ple have seen this movie before, and than trying to bring about this trans- of the Democratic tax plan. they gave it two thumbs down. I know formation, this transformation in an This is also not the time to reck- it is April Fool’s Day, but don’t be economic downturn which dramati- lessly add hundreds of billions of dol- fooled by my Republican friends. cally expands the size and scope and lars in new spending that our Nation My Republican friends will talk a lot reach of the Federal Government. cannot come close to affording. Repub- about the difference in economic Madam Speaker, as every parent or licans aren’t advocating extreme aus- growth estimates between the Office of small business owner knows, a budget terity, but we are advocating a little Management and Budget and the Con- is about choices. Often, it is about very common sense. We must own up to the gressional Budget Office, but here is hard choices that need to be made. hard choices that are a fact of life for the thing: There will be no growth un- During times of economic hardship or the American people and should be a less we invest in the American people. uncertainty, those choices get even fact of life for their representatives There will be no growth unless we get harder, and that is clearly where we here in this institution as well. After a handle on these deficits. There will are today. all, this is not our money. This is be no growth as long as health care When we look at our expenses for the money that belongs to the hard- costs and inadequate education and de- coming month or year, we have a num- working people here in the United pendence on foreign oil keeps us down. ber of factors that have to be taken States of America. I know that change is hard. I know into consideration as a family, as a We must be realistic about which ex- my Republican friends want to cling small business person. penses are mandatory, which leave desperately to the failed policies of the There are expenses that are abso- room for greater flexibility, frugality past. But the good news is that despite lutely mandatory, mortgage payments and efficiency, which spending items all the nasty press releases and tele- or meeting a small business payroll. are luxuries and which are worthwhile vision ads and talk radio attacks on There are expenses that are essential but simply not affordable at this time, the President, the American people but can be reduced with greater flexi- just like the American people must do. still, by overwhelming margins, sup- bility and frugality, like the grocery We have to use the same kind of pru- port President Obama’s vision for bill. There are expenses for luxury dence when it comes to spending tax- America. That is why this budget is so items that are simply not affordable payer dollars as people are as they face very important. any longer. And then, Madam Speaker, the challenges of today’s economy.

VerDate Nov 24 2008 23:40 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.014 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4259 Instead, what this budget does is lies who are already struggling with the wealthy, and basically, an indiffer- shirk all responsibility for our tax dol- new burdensome taxes. Now, Madam ence towards some of the Nation’s lars and bury the American people Speaker, I urge my colleagues not to be most pressing problems. You cannot re- under a mountain of debt that won’t be drawn into the false choice that has build roads and bridges for nothing. We paid for generations. This is not just an been provided by the Democratic ma- can’t just simply constantly put the issue of deficits. It’s an issue of deficits jority. burden of education, the cost of edu- so catastrophically huge that they With that, I reserve the balance of cation, and special education in par- threaten to put our recovery off for my time. ticular, on the backs of our cities and years to come and permanently saddle Mr. MCGOVERN. Madam Speaker, I towns. There needs to be an under- all of us with staggering amounts of want to point out for my colleagues standing that in order to get this econ- debt. one important fact that I think we omy back up and running, we are going In this year alone, the deficit, need to keep in mind. When President to need to invest. And that is what the Madam Speaker, will be $2 trillion, Bush became President of the United Democratic budget does. that is trillion with a ‘‘T.’’ I know in States, he inherited a record surplus of I stand before you proud to defend this age of constant $100 billion bail- $5.6 trillion over 10 years. He left us this budget, proud of the fact that we outs, we have forgotten just how much with a record deficit of $5.8 trillion, have a budget that has a conscience, money that is. Everyone has their il- with double the national debt and tri- proud of the fact that when this gets lustrations of how to visualize $1 tril- ple the amount held by foreign coun- enacted, we are going to have a blue- lion. And I know that it seems a little tries. We were left with flat wages and print for this country that I believe gimmicky, but it is important to un- the smallest rate of job growth in will not only put us back on the road derstand what we are talking about three-quarters of a century. We tried it to economic recovery but will allow us when we refer to $1 trillion. And let’s the gentleman’s way. And it failed. to pay down our deficits and our debt. remember that the deficit for this year People do not want the status quo. As I said in my opening statement, under this budget is $2 trillion. They do not want the same old same the House budget slashes the deficit by If we were to spend $1 million a day, old. nearly two-thirds over the next 4 years, a day, $1 million a day, it would take There is a general understanding from $1.7 trillion or 12.3 percent of 5,475 years to spend our deficit for this amongst the American people that in gross domestic product in 2009 to $586 year alone. Not our national debt as a order for us to be able to reduce our billion, or 3.5 percent of gross domestic whole, just the part, just the part that deficit and pay down our debt, we need product in 2013. would accumulate this year. In other to grow this economy. And you cannot I would reserve the balance of my words, it would take until the year 7484 grow this economy unless you invest in time. to spend our deficit if we were spending the American people and unless you in- Mr. DREIER. Madam Speaker, I yield $1 million a day. Or put another way, vest in the economy. myself such time as I might consume, we would have to go back to the 35th I am happy to yield to the gen- and I would be happy to yield to my century B.C., the 35th century B.C., to tleman. friend. spend the money by the year 2009, back Mr. DREIER. I thank my friend for Clearly, I think we have a problem of to the rise of the early Bronze Age in yielding. maybe talking past each other. We all order to spend $2 trillion at that rate of And let me respond to his very concur with the notion of getting the $1 million a day. thoughtful comments with a couple of economy back on track. The question Now that’s an awful lot of debt, points. First and foremost, we need to is do we grow the economy by growing Madam Speaker. That is an astronom- remember that it was a Republican the size, scope and reach of govern- ical amount of debt. And that is what Congress that got us back on the road ment? And that is what my colleague this budget leaves us with. It taxes of fiscal responsibility leading up to is arguing that we should do, that we recklessly, spends wildly and borrows what President Bush did, in fact, in- should get the economy back on track almost too much for us to even com- herit. And I’m not going to stand here by dramatically increasing the role of prehend. as an apologist for spending that did government. The exact opposite is the Now I have talked a lot about hard take place. But we have to remember case. choices. Now I want to say something that most of the spending that took Now as my friend said, that the same about false choices. Unfortunately, our place dealt with the aftermath of Sep- old same old of what we did in 2001–2003 colleagues on the other side of the aisle tember 11, 2001, when we saw dramatic with creating tax incentives for eco- seem to want the American people to increases in defense and homeland se- nomic growth. That is, I believe, the face a false choice, the choice between curity spending. And in the last 3 single best answer to this challenge. their very dangerous budget and the years, there were actually real spend- Why? Well, remember what we faced in status quo. They like to think that ing cuts that took place in every other 2001. Many people thought after we had they can convince our constituents appropriation bill at that time. And so this unprecedented attack on the that their disastrous budget is the only the issue of economic growth—— United States of America that we option out there. Mr. MCGOVERN. Reclaiming my would see a huge economic downturn. But, Madam Speaker, we clearly have time, I appreciate that, and I would We also were dealing at that point with an alternative. There is a common- point to the 2001 and 2003 tax cuts that corporate scandals that existed in the sense way. Republicans, contrary to went mostly to the wealthy that bank- early part of this decade and a wide what our friends said about the lack of rupted this Nation. range of other challenges. And we had numbers in our budget, we have our The fact of the matter is the gentle- already had an economic slowdown. It budget. It was submitted by the 10 a.m. man’s party controlled Congress for was those policies of growth-oriented deadline to the Rules Committee. It is many years. His party controlled the tax cuts that were able to see 55 an alternative budget that will not tax White House for many years. And months of sustained job creation and small businesses and working families jointly, they have driven this economy economic growth. and will not balloon the deficit to un- into a ditch. I think there are philo- We all know that over the past year tenable proportions. It is true that it sophical differences here. And I think we have seen serious economic chal- will not entirely eliminate the deficit. one of the major differences is that we lenges, we are in recession and the That might not be possible during believe that in order to be able to pay American people are hurting. We also these very, very tough times. But it down the debt, we need to grow this believe that we need to have priorities does own up to the hard choices that economy. And to grow this economy in established like dealing with the issue, responsible legislators must make. It these difficult times means investing as my friend has correctly said, of does accept our tough economic reality in our people and everything from edu- building roads and bridges. That is and it does exercise common sense and cation to health care to environmental what I’m saying. We are not talking accountability in the spending of tax- technologies. about extreme austerity. We are talk- payer dollars. And it does not punish The Republican budget is really the ing about a commonsense approach. the small businesses and working fami- same old same old, more tax cuts for And we do embrace that.

VerDate Nov 24 2008 23:40 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.016 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4260 CONGRESSIONAL RECORD — HOUSE April 1, 2009 But this notion of this huge expan- I don’t see a lot of compassion in the increases in the near future to pay off sion which doubles the national debt in Republican budget. In fact, I haven’t this debt. And no Democrat has yet ex- 5 years and triples it in 10 years is, in seen a lot of compassion in the Repub- plained what happens when China stops fact, I believe, a prescription for dis- lican policies over the last 8 years. We bankrolling our debt or, worse, calls in aster. are living in a country where there are the loans. I reserve the balance of my time. 36 million Americans who are hungry, This is an unfortunate plan, and it’s Mr. MCGOVERN. I reserve my time. millions of whom are children. Where the wrong direction for America. We Mr. DREIER. I would inquire of my is the compassion? Where is the re- must cut, save and incentivize our way friend if he has any speakers on his sponse? We have kids going to schools to economic growth. That is the way side. that are falling apart, where the heat we create jobs. That’s the way we get Mr. MCGOVERN. Not at this time. works in the summer but doesn’t work ourselves out of this recession. That’s Mr. DREIER. Would my friend like to in the winter. Where is the compassion the way that American families can yield me the balance of the time? to make sure that our kids get the edu- grow and prosper. Mr. MCGOVERN. I will hold on just cation that they deserve? We have a We must provide tax relief to help in case. world where the environment is becom- working families and small businesses The SPEAKER pro tempore. The gen- ing the key issue, the issue of global create jobs. That’s the way it occurs. tleman from Massachusetts reserves climate change. We are giving our kids That’s the way it should be. And that’s his time. that kind of world? Where is the com- what our Republican budget alter- Mr. DREIER. Madam Speaker, at passion there? If you want compassion, native will do. Economic growth, not this time, I’m very happy to yield 2 it is in the Democratic budget, which is government spending, will restore pros- minutes to our friend from Stillwater, not only compassionate but is fiscally perity for all Americans. Minnesota (Mrs. BACHMANN). responsible and will give our kids the Mr. MCGOVERN. Madam Speaker, I Mrs. BACHMANN. I thank Mr. kind of future they deserve. would just say to the gentleman who DREIER, the gentleman from California, I reserve the balance of my time. just spoke that we’ve tried it his way for yielding. and his way failed. Our economy is in b 1100 It is clear and it is true for the Amer- the worst shape it has been in my life- ican people we have a very clear Mr. DREIER. Madam Speaker, I yield time, probably in the worst shape since choice. It could not be more crystal myself such time as I might consume the Great Depression. The policies that clear, the future that is being offered to say that this is incredibly ironic. they have pursued for the last 8 years to the American people by the Demo- Again, we’re here on April Fool’s Day, have failed. The American people, in crats, the future, Madam Speaker, that and I wondered if the statement that the election in November, made it very is being offered by the Republicans. was just propounded by my friend was, clear they want to move in a different And it is illustrated by this chart. This in fact, an April Fool’s statement. direction. is the future that the Democrats have He continues to use the line, ‘‘We’re The budget that we are presenting planned for the next generation. And I tired of the same old same old.’’ Well, here today, that the Democrats are would put one word out before this the arguments that I just heard from proudly presenting here today, not body and before the American people: my friend are the quintessential same only turns the page, but writes a whole it is the word ‘‘compassion.’’ When we old same old: Republicans don’t care new book on the way this country look at children and when we look at about children, about senior citizens, should move forward. We’re going to the next generation and we think of about the homeless. That is absolutely tackle the big problems of global the word ‘‘compassion,’’ what does preposterous. We care, and we truly are warming and of health care. We’re compassion have to do with children compassionate because we want to en- going to deal with health care once and when we look at this? This is the fu- sure every American opportunity, and for all, and not only in a way that pro- ture for our children? Debt levels that those who are hurt the most, those who vides people with the quality care that will be so high that we are literally on can’t take care of themselves, we clear- they deserve and they are entitled to, this floor forging shackles and chains ly want to do everything that we pos- but also helps control costs. We have for today’s 5-year-olds, 5-year-olds who, sibly can to assist them. And to argue ignored these big problems for far too when they come into their peak earn- to the contrary is the standard class long. ing years, would be paying tax rates of warfare, ‘‘us versus them’’ argument So I stand before you again, Madam 65 percent; who, if they are a business which is the epitome of same old same Speaker, proud to say that the Demo- owner, will be paying 85 percent; who, old. cratic budget, the budget that has been if they are at the lowest income strata, And with that, Madam Speaker, I inspired by President Obama, is the will be paying income tax rates of 25 would like to yield 2 minutes to my right budget for this country. And percent. good friend from Cherryville, North there is a clear choice. I mean, I think Who, Madam Speaker, would be get- Carolina, Mr. MCHENRY. we could agree on one thing, that there ting out of bed in the morning to go Mr. MCHENRY. Madam Speaker, I is a very clear choice. We can either go and put their capital at risk and their thank the ranking Republican on the the way the Republicans want us to go lives at risk working 14 hours a day to Rules Committee for yielding. or the way the Democrats want us to pay this government 85 percent of their Madam Speaker, I rise today in oppo- go. And I think we have tried the Re- income? And that is before, Madam sition to this fundamentally flawed publican way, and it has failed. Speaker, this budget is put into effect. Democrat budget, which taxes too I reserve my time. Or, Madam Speaker, I ask the question much, spends too much, borrows too Mr. DREIER. Madam Speaker, I on compassion, on compassion for to- much. And we simply cannot tax, spend would inquire of my friend if he has day’s 5-year-olds, is the budget alter- and borrow our way back to prosperity. any other speakers at all. native the Republicans are putting for- This budget raises taxes at an un- Mr. MCGOVERN. No, I’m it. ward the more compassionate budget? precedented level, and it raises taxes to Mr. DREIER. If not, I’m prepared to Is this not, in fact, the budget that the tune of $1.4 trillion, the largest tax close if the gentleman will be the clos- gives hope for America’s 5-year-olds increase in American history. It raises ing speaker after I speak then. and opportunity for America’s 5-year- taxes, which we all know, we all know Madam Speaker, I yield myself such olds? Where they could, instead of pay- that raising taxes will only deepen and time as I may consume. And I will say ing a tax rate that would be 85 percent prolong this recession and hurt eco- that if my friend would like to inter- or 50 percent, see their tax rate, in nomic growth and growth of jobs. ject any points during my remarks, I fact, lowered, so the United States This budget compiles a national debt certainly would be more than happy to would no longer be the country of pun- larger than the total amount of debt yield to him if he’d like to ask me any ishing debt burden but the country of accumulated by the Federal Govern- questions as I proceed. opportunity for today’s 5-year-olds. ment from 1789 until just this year. It As I look at last fall’s election, the Mr. MCGOVERN. Madam Speaker, will take generations to pay off this mantra, ‘‘A change we can believe in’’ the gentlelady talks about compassion. debt, and it will require even bigger tax was something that got a great deal of

VerDate Nov 24 2008 23:40 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.017 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4261 attention. Well, Madam Speaker, I We have come forward, Madam Mr. MCGOVERN. Because up until would say to my friend, I encourage Speaker, with a very positive, pro- today we had a political brochure. him to change the talking points that growth budget. We focus on growing But anyway, a cursory look at what he has provided because they are, in the economy, number one, and real- they presented, there are some sub- fact, the same tired old talking points izing that, as my friend has said, grow- stantial cuts in some very essential that we’ve received for many, many, ing the economy can help bring the programs. They’re talking about a $38.5 many years. Blame the Republicans for debt down. But we also know that one billion cut in agriculture. Well, what whatever difficulty we face. Don’t work of the other ways to grow the economy are they going to cut? Are they going together in a bipartisan way for a con- is to diminish the reach of government. to cut food stamps and nutrition pro- structive solution, which is exactly And so we, over the next 2 days, are grams to people who are suffering and what we want to do. going to have a very clear choice that struggling during these terrible eco- I agree with my friend that we need is put before us, as Members, and the nomic times? to grow the economy to bring the debt American people. And I believe that an A $22.7 billion cut to education and down. We have this area of agreement. overwhelming majority of Democrats, labor. Are they going to cut schools We all talk about and decry deficit Republicans and Independents in the more? Are we going to cut money for spending, and we want to pursue this United States of America believe that special education? quest of trying to diminish that debt a dramatic expansion of government is I mean, there are some significant burden imposed on future generations. not the answer, and allowing people to programs that will have to be cut as a The question is, how do we do it? keep more of their own hard-earned result of what they’re proposing. Well, I’ll tell you what the rest of the dollars is, in fact, a better prescription Energy and Commerce, a $666.1 bil- world has learned and what the United to do what we all want to do, and that lion cut. What are they going to cut, States of America has learned. What is to get our economy back on track. Medicare and Medicaid? we have learned is that increasing I yield back the balance of my time. Billions of dollars in Financial Serv- taxes and spending and the reach of the Mr. MCGOVERN. Madam Speaker, let ices. Where are the cuts going to come Federal Government does not grow the me reiterate that we find ourselves in from? Housing for low-income people? economy. So if we can work together in the worst economic crisis since the Is that the idea of what a compas- a bipartisan way to do what my friend Great Depression. We find ourselves in sionate budget is about? says we want to accomplish, and that this position in large part because of Ways and Means, billions and billions is, growing the economy, so that we the very reckless policies of the last 8 of dollars of cuts for the Ways and can reduce the debt, then let’s recog- years, policies that have been cham- Means Committee, again, going into nize what it is that works. pioned by President Bush and by the Medicare, you know, programs that And I think it’s also important to Republicans when they were in the ma- help vulnerable senior citizens. note that, as my friend continues to jority. Madam Speaker, I think people are point the finger at President Bush, he And I want to commend the Repub- tired of the same old same old. And let left office in January, I will say. And licans for actually introducing a budg- me tell you what the old way was. The it’s also important to remember that et alternative to the Rules Committee old way was to ignore health care. my friend and his colleagues have been because, up until just today, what they That’s why we have such a mess with in charge of taxing and spending for health care today. over 2 years now since they have had handed out was a brochure with not a lot of numbers in it, a lot of criticism The old way was to ignore education. the majority. And so I think that it’s a That’s why we have so many schools bit of a stretch for us to continue down of Democrats. But I look forward to—— that are crumbling. That’s why we’re this road of class warfare, us versus Mr. DREIER. Madam Speaker, will understaffed in terms of our teachers. them, saying that Republicans don’t the gentleman yield on that point? Mr. MCGOVERN. I am happy to yield. That’s why schools don’t have the care. It is crazy. We know that the budget that’s be- Mr. DREIER. I thank my friend for technology that they all should have. The old way is to give tax breaks to fore us, as we’ve all been saying, taxes yielding. Let me just say that that out- too much, spends too much, and bor- line that my friend has is very similar millionaires. The old way was to con- rows too much. And we know that, as to the package that was presented by tinue to rely on foreign oil. The budget that the Democrats are the rest of the world has found, that it the President. And if you look at Page is a prescription for disaster. 3 of the Democratic budget that we had proudly presenting today puts us in a Now, I hesitate, but I am going to last week, it did not have any numbers very new direction, in a direction that proceed with quoting the President of on it either. This budget proposal was I think the American people are ex- the Czech Republic, Mr. Topolanek, submitted at 10 this morning. It does, cited about. That is what this last elec- who made it very clear, from the expe- in fact, have these numbers. tion was about. rience that they’ve had with the expan- And I thank my friend for yielding. People will have their opportunity to sion and the reach of government, that Mr. MCGOVERN. Reclaiming my vote for the Republican budget or the he does not believe that that is, in fact, time, what they did last week was Democratic budget, whatever they the answer for the future. produce a document that was basically want to do. But please know one thing. I met a year ago, a little over a year a political piece that had no numbers What they are proposing is what they ago with the President of Peru, who in it and was basically an attack on have been proposing consistently for as had been President in the 1980s in Peru. the President and on the Democratic long as I have been here. And he embraced the very, very hard- budget. Mr. DREIER. Madam Speaker, will left, Big Government policies. He’s Now, we have been able to take a cur- the gentleman yield for a quick ques- President today, and he said that the sory look at some of the things that tion? worst 5 years in modern Peruvian his- are in the Republican budget alter- Mr. MCGOVERN. I will be happy to tory were when he was President in the native, and if you would note—— yield. 1980s. He learned from that experience Mr. DREIER. Will the gentleman Mr. DREIER. I thank my friend for that dramatically increasing the size yield very briefly for a question? yielding. and scope and reach of government, in- Mr. MCGOVERN. I am happy to yield When my friend began discussing the creasing the tax and excessive regu- to the gentleman for a question. issue of agriculture spending cuts, I latory burden has failed. The rest of Mr. DREIER. Is the gentleman trying was struck. I was just provided a docu- the world has learned that it has failed. to argue that we have not submitted a ment here which shows that actually And now, for this new majority to try budget with real alternatives and sim- there are $2 billion in greater cuts in and bring about a complete trans- ply provided a political statement? agriculture spending in the budget that formation of government with this Mr. MCGOVERN. I am saying that I my friend has propounded than in ours. budget that does, in fact, double the am glad that the gentleman, the Re- And I wonder if those cuts are in food national debt in 5 years, and triple the publicans have submitted a budget to stamps, this is in budget outlays, if national debt over the next 10 years, is the Rules Committee today—— those cuts are in food stamps or other a prescription for failure. Mr. DREIER. Good. Thank you. nutritional programs that my friend

VerDate Nov 24 2008 23:40 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.020 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4262 CONGRESSIONAL RECORD — HOUSE April 1, 2009 has said himself. And I thank my shall be in order to consider as an original rule also provides for one motion to re- friend for yielding. bill for the purpose of amendment under the commit with or without instructions. five-minute rule the amendment in the na- Madam Speaker, the American peo- b 1115 ture of a substitute recommended by the ple rightfully demand that the tax- Mr. MCGOVERN. Our budget actually Committee on Financial Services now print- payer dollars they put in to help sta- ed in the bill. The committee amendment in goes after subsidies for wealthy farm- bilize the banking system be spent ers, but it does not go after food the nature of a substitute shall be considered as read. All points of order against the com- wisely by the banks and by the institu- stamps for the vulnerable. mittee amendment in the nature of a sub- tions that borrow under what is called The Republican budget that has been stitute are waived except those arising under the Troubled Asset Relief Program, or proposed makes dramatic cuts in some clause 10 of rule XXI. Notwithstanding TARP. of the most essential and valuable pro- clause 11 of rule XVIII, no amendment to the Recently, when information came to grams that serve the most vulnerable committee amendment in the nature of a light showing AIG gave, roughly, $165 people in our country. substitute shall be in order except those million in retention bonuses to senior Mr. DREIER. Where in our budget printed in the report of the Committee on executives, hardworking Americans all does it say we are going after food Rules accompanying this resolution. Each across the country quickly asked, How such amendment may be offered only in the stamps? order printed in the report, may be offered as a Nation can we recover this money? Mr. MCGOVERN. We are faced with only by a Member designated in the report, Now the House considers a similar the worst economic crisis since the shall be considered as read, shall be debat- question: How do we reasonably pre- Great Depression, and what they pro- able for the time specified in the report vent this from happening again? pose is the same old same old. Enough. equally divided and controlled by the pro- The grounds for this action are sim- Enough. ponent and an opponent, shall not be subject ple. As the lender to AIG and to a num- Mr. DREIER. Will my friend yield for to amendment, and shall not be subject to a ber of other institutions, the United just one second? demand for division of the question in the States has the authority to define the House or in the Committee of the Whole. All terms by which we are lending money. Mr. MCGOVERN. Madam Speaker, points of order against such amendments are the Democratic budget moves us in a waived except those arising under clause 9 or This is a standard in business practice, different direction, in one that, I think, 10 of rule XXI. At the conclusion of consider- as lenders from time to time put limits the American people want us to move. ation of the bill for amendment the Com- on executive compensation, as do their I urge my colleagues to vote ‘‘yes’’ mittee shall rise and report the bill to the shareholders. on the previous question and on the House with such amendments as may have The gentleman from Georgia (Mr. rule. been adopted. Any Member may demand a MARSHALL) recently related to me that I yield back the balance of my time, separate vote in the House on any amend- you have to be just before you are gen- ment adopted in the Committee of the Whole erous, that you have to take care of and I move the previous question on to the bill or to the committee amendment the resolution. your creditors before you can pass out in the nature of a substitute. The previous gifts. In this case, generosity, or gen- The previous question was ordered. question shall be considered as ordered on The SPEAKER pro tempore. The the bill and amendments thereto to final erous, is taken to a whole new level question is on the resolution. passage without intervening motion except with the retention bonuses that we saw The question was taken; and the one motion to recommit with or without in- recently. We as Members of Congress Speaker pro tempore announced that structions. must assert our rights to protect our the ayes appeared to have it. The SPEAKER pro tempore. The gen- constituents and the people of this Mr. DREIER. Madam Speaker, on tleman from Colorado is recognized for country from any further losses. I want to make clear several things about this that I demand the yeas and nays. 1 hour. bill: The yeas and nays were ordered. Mr. PERLMUTTER. Madam Speaker, First, it only applies to financial in- The SPEAKER pro tempore. Pursu- for purposes of debate only, I yield the customary 30 minutes to the gentle- stitutions that have received a capital ant to clause 8 of rule XX, further pro- infusion under the TARP program. An ceedings on this question will be post- woman from North Carolina, Dr. FOXX. amendment by Representative BILI- poned. All time yielded during consideration RAKIS will clarify this point, and an f of the rule is for debate only. I yield myself such time as I may amendment by Representative PROVIDING FOR CONSIDERATION consume. CARDOZA would exempt smaller community banks which receive TARP OF H.R. 1664, PAY FOR PERFORM- GENERAL LEAVE ANCE ACT funds. Mr. PERLMUTTER. I also ask unani- Second, it only prohibits compensa- Mr. PERLMUTTER. Madam Speaker, mous consent that all Members be tion that is unreasonable or excessive by direction of the Committee on given 5 legislative days in which to re- or prohibits any bonus or other supple- Rules, I call up House Resolution 306 vise and extend their remarks on House mental payment that is not perform- and ask for its immediate consider- Resolution 306. ance-based. Guidelines are established ation. The SPEAKER pro tempore. Is there by the Treasury Department within The Clerk read the resolution, as fol- objection to the request of the gen- which to determine what is unreason- lows: tleman from Colorado? able or excessive. H. RES. 306 There was no objection. Third, the bill only applies while the Resolved, That at any time after the adop- Mr. PERLMUTTER. Madam Speaker, TARP capital remains outstanding. tion of this resolution the Speaker may, pur- House Resolution 306 provides for con- Once the institution has paid the tax- suant to clause 2(b) of rule XVIII, declare the sideration of H.R. 1664 to amend the ex- payers back, they may meet any con- House resolved into the Committee of the ecutive compensation provisions of the tractual obligations allowed by their Whole House on the state of the Union for Emergency Economic Stabilization Act board of directors and shareholders re- consideration of the bill (H.R. 1664) to amend of 2008 to prohibit unreasonable and ex- garding bonuses. the executive compensation provisions of the cessive compensation and compensa- Emergency Economic Stabilization Act of I support the private sector, and I be- 2008 to prohibit unreasonable and excessive tion not based on performance stand- lieve in rewarding employees for doing compensation and compensation not based ards. a good job. This bill does allow for per- on performance standards. The first reading This is under a structured rule. The formance compensation, but if you of the bill shall be dispensed with. All points rule provides for 1 hour of general de- have received a capital investment of of order against consideration of the bill are bate controlled by the Committee on American tax dollars through TARP to waived except those arising under clause 9 or Financial Services. The rule makes in make it through these extraordinary 10 of rule XXI. General debate shall be con- order seven amendments which are times, there should be commonsense fined to the bill and shall not exceed one listed in the Rules Committee report limits on bonuses. My constituents in hour equally divided and controlled by the chair and ranking minority member of the accompanying the resolution. Each Colorado do not want their hard-earned Committee on Financial Services. After gen- amendment is debatable for 10 minutes dollars going to inflate the senior ex- eral debate the bill shall be considered for except the manager’s amendment, ecutives’ life rafts as the ship steers amendment under the five-minute rule. It which is debatable for 20 minutes. The close to the rocks.

VerDate Nov 24 2008 00:10 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.021 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4263 We are going through this economic and of limiting opportunities for Re- really can’t. If you are critical of what downturn, but we need to make sure publicans to offer amendments and to happened at AIG, then you have to say that middle-class America can trust do whatever we can do to make a bad that this is exactly the kind of thing the money that has been placed into bill somewhat better or to make a bad that Congress should be doing. We the banking system to keep that sys- rule somewhat better. So we have a sit- should be going in and we should be tem functioning properly. If an institu- uation where these things continue. regulating. We should be exercising the tion has an outstanding debt to the You know, when I have thought oversight that our constituents sent us Federal Government, it has to pay it about this, I have thought about just a here to Congress to do. back before it gets bonuses that are ex- commonsense way to describe this to This is a commonsense piece of legis- cessive or unrealistic. people. The Democrats have a tar baby lation that reflects the values of this I urge my colleagues to vote in favor on their hands, and they simply cannot Nation and the very same lessons that of the rule and the underlying bill. get away from it. They are stuck on we hold in our communities and teach With that, I reserve the balance of this problem. They have created a bad to our children. We will not sit idly by my time. situation, and every time they try to as this money is practically being Ms. FOXX. Madam Speaker, I yield get away from it, they keep getting taken from the American people in- myself such time as I may consume. I stuck on it, and I think that this is stead of being used to restore con- appreciate my colleague from Colorado just the latest iteration and bad policy fidence in this Nation as it was in- yielding time. that they are recommending, and I am tended. This is another very deceptively going to recommend to my colleagues Madam Speaker, we owe it to our named bill by our colleagues on the to vote against it. constituents and to our children and to other side. It is a fairly short bill, only I reserve the balance of my time. our grandchildren to do everything we four pages long, so everyone should Mr. PERLMUTTER. I yield myself can to bring justice where it is lacking have a chance to read it, and that is an such time as I may consume. and repair it so we have a clear road to important thing to do. Madam Speaker, I would like to re- success. It is titled ‘‘to amend the executive spond to my friend from North Caro- Ms. FOXX. Madam Speaker, I am in- compensation provisions of the Emer- lina. I just have to remind her that it trigued at my colleagues being out- gency Economic Stabilization Act of was President Bush’s Secretary of the raged. Well, my goodness. If you were 2008 to prohibit unreasonable and ex- Treasury who came to the Congress, so outraged, why did you vote for these cessive compensation and compensa- hat in hand, because of a potential col- things to begin with? You know, your tion not based on performance stand- lapse of the financial system, asking hands are not clean. I’m sorry, but ards.’’ for immediate assistance from this your hands are not clean when you say Now, again, that sounds great. How- Congress to right the financial system, that you are outraged. ever, when you get inside the bill and to put it back on some sort of stable POINT OF ORDER you read it, it says, ‘‘any executive or footing. Since then, we have seen a va- Mr. PERLMUTTER. Madam Speaker, employee,’’ and it says that four times, riety of financial institutions take ad- point of order. so the deception is that this is only for vantage of the assistance that was The SPEAKER pro tempore. The gen- executives. It is not just for executives. given. This is designed to restrict the tleman from Colorado will state his It allows the Treasury Department to way companies can take advantage of point of order. set the salaries and compensation for taxpayer dollars until they have repaid Mr. PERLMUTTER. I would ask my all employees in a private organiza- the loans and capital that have been friend to address the Speaker. tion. This is wrong to do. advanced to these companies. The SPEAKER pro tempore. The gen- We have had so many statements With that, I would like to yield 2 tlewoman from North Carolina will ad- that have been made that have been minutes to my friend from New York dress her remarks to the Chair. misleading, I think, on the floor. This (Mr. ARCURI). Ms. FOXX. Thank you, Madam is not the worst economic crisis since Speaker. 1130 the Depression. Our situation in the b Madam Speaker, I wonder why my country was much worse in the Mr. ARCURI. I thank the gentleman colleagues are so outraged when they eighties after a Democratically con- for yielding. voted for these bills. This is covering trolled Congress and a Democratic Madam Speaker, these past few up their previous action. They are try- Presidency. So we are in a situation months have confronted us with some ing to make something better. As I that has been created, again, by Demo- of the most difficult economic choices said, they’ve got a tar baby on their crats. Yet they want to say over and we have faced in the Nation in recent hands and they don’t know what to do over again that this is the problem of a memory. As job reports continue to with it. Republican administration. We have to show thousands of new layoffs each Well, it’s easy to say that you could constantly point out the fact that the month and unemployment numbers in criticize the AIG executives for taking Congress has been controlled for the my district hover above 10 percent, I the money and criticize people for hav- past 2 years and is now controlled by am outraged that the very individuals ing voted for these things and be Democrats. who have contributed to this financial against this bill because it is taking So I think this rule is bad; I think disaster are rewarding themselves with our government in the wrong direction. the underlying bill is bad, and I think hard-earned taxpayer money intended I am also very puzzled at my col- that our colleagues should vote against to get our economy moving again. leagues saying they are so concerned both of them. We have been called to action to see about their children and their grand- What the Democrats are doing now that those responsible are held ac- children. But I will bet most of them is, again, providing political cover for countable and not rewarded. This bill are going to vote for this budget a lit- Democrat Members of the House who does just that. It ensures that these tle later on today, and they are quite voted for a bad bill a couple of weeks TARP-taking executives are paid based willing to put the debt of this country ago, and they are trying to change the on the work that they do, not paid for on the backs of their children and subject from the administration’s fail- the work they didn’t do. grandchildren. ure to exercise adequate oversight of You know, I listen to my colleagues I think those are crocodile tears that the taxpayer dollars which have been from the other side of the aisle talk, they’re crying when they say they extended to prop up AIG, American and I guess I understand that some want to preserve this country for their International Group. So I expect most people are critical of AIG. Certainly we children and grandchildren. Give me a of my colleagues, if not all, to vote understand that. We all are critical of break. against this rule and to vote against the AIG top executives. I even respect In the headlines today in one of the the underlying bill. the opinions of those who are critical rags here on the Hill—‘‘Senator LEVIN We also have a situation where this of this bill. Considers Defense Executive Pay is not an open rule. The majority con- The thing that I don’t understand is Cuts.’’ Where is this going to end? Our tinues its practice of limiting debate how you can be critical of both. You colleagues in this administration think

VerDate Nov 24 2008 00:10 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.024 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4264 CONGRESSIONAL RECORD — HOUSE April 1, 2009 they have all the answers. They’re that today we are faced with the most cent of our population. And that’s one going to run this country from the gov- severe fiscal crisis since the Great De- of the reasons why the bottom 90 per- ernment down to every single business pression. cent had to borrow from their assets, in the country: ‘‘Let’s just cut their Now in the 1980s, President Ronald their equities, their homes which cre- pay. They’re getting money from the Reagan was elected on a platform that ated this bubble. government.’’ Where is it going to end? any President who submitted an unbal- But the point is, there was a lack of Are we going to have a President— anced budget should be impeached. fiscal responsibility, and that is what he’s already running GM. He’s now the Well, not only did he never balance any is plaguing us today. This President is executive in chief of GM. And so our budget that he submitted, he tripled trying to reinvest in the American peo- colleagues want to take on every single the national debt. Every single budget ple, ultimately balance the budget and entity in this country and say, We was unbalanced. put us back on the course that Presi- know best. The government knows President Bush, the 41st President— dent Clinton set us on and that Demo- best. We’re from Washington and we’re referred to as Papa Bush or whatever; crats want to put us back on. here to help you. The American people it’s important to distinguish between Ms. FOXX. Madam Speaker, I have have heard that before. They are not the two—in 1990, realizing how bad the said on the floor several times in the going to be fooled again by this kind of Republicans’ supply-side gimmickry last few weeks that the public needs to comment. had failed, what damage it had done to be reading or rereading the book ‘‘1984’’ And, I’m sorry, but, again, I think the economy, he brought the Demo- because we’re here in a period where it’s crocodile tears when they say they cratic leaders and the Republicans to- the Democrats continue to rewrite his- are concerned about their children and gether and came up with a fiscal plan. tory. grandchildren. If they are, they’ll all That plan put together by the 41st I would like to, just again, say to my vote ‘‘no’’ on the budget a little later President, formed the foundation of fis- colleague from Virginia that he wants on today and show their true concern. cal responsibility for the next decade. to say we have the largest deficit we’ve Saying that this upholds the rule of It was called PAYGO. And it worked. ever had. Absolutely. Because the law for their children and grand- Basically, you don’t cut taxes unless Democrats have been in control of Con- children? Again, give me a break. you cut spending and vice versa. You gress for the past 2 years. The Presi- I reserve the balance of my time. don’t increase spending unless you dent does not pass a budget, does not Mr. PERLMUTTER. Madam Speaker, raise that same amount of revenues. pass appropriations bills. The Presi- I would like to respond to my good So we implemented that, and then dent can either sign or reject appro- friend from North Carolina just to re- President Clinton came in, passed a priations. The appropriations bills were mind her that when Secretary Paulson balanced budget, adopted that Presi- not passed last year because they knew came to the Congress asking for $700 dent Bush the 41st PAYGO concept, that President Bush would reject them, billion, he brought us a three-page doc- and, in fact, balanced the budget. That he would veto them, and so they didn’t ument. The first page said, I need $700 produced surpluses. And, in fact, at the pass them. We did them this spring. billion. The second page said, I can do end of the Clinton administration, he That’s what caused the largest deficit. anything with it I want. And the third handed over $5.6 trillion of projected We have a Democratic President and page said, You can’t sue me. surplus based upon this concept of fis- a Democratically controlled Congress, Well, we took that in a crunch time cal responsibility. and you cannot rewrite history in that based on his—not his demands, his President Bush took it—this is the way. We had a very small deficit when pleas, his pleas to the Congress to act 43rd President now—takes that $5.6 we had a Republican Congress and a quickly to preserve our banking sys- trillion and immediately started Republican President. tem because so many things were going squandering it by negating the concept With that, I yield 5 minutes to my wrong all at one time. We took that of PAYGO. One of the first things that colleague from Missouri (Mr. BLUNT). three pages, which was completely ri- was done by the immediate past-Bush Mr. BLUNT. Madam Speaker, I don’t diculous—— administration was to say, ‘‘We are no blame my good friend from Virginia for Ms. FOXX. Would the gentleman longer going to be bound by PAYGO not wanting to talk about the bill yield? concepts. We’ll cut taxes and we’ll in- today. If I were him, I wouldn’t want to Mr. PERLMUTTER. Let me finish. crease spending.’’ They started a war of talk about it either. I oppose this bill. Which was completely ridiculous. We choice that cost us $1 trillion—not one I oppose this rule. expanded it to a hundred pages, and dime was ever paid for—and then I was not particularly concerned a acted promptly at the request of Presi- passed two tax cuts which have cost few days ago when we were sending a dent Bush and his administration to trillions of dollars, $3.5 trillion. Not message to AIG and the executives at try to get our financial system sta- one dime was ever cut to pay for that, AIG, the high-paid executives there. I bilized. And it is still rocky, but it’s either. think every once in a while the Con- going. But we’ve seen certain compa- The SPEAKER pro tempore. The gress can send a message, and it is a nies take advantage of the assistance time of the gentleman has expired. good thing to send that message. This of the people of America, and we’ve got Mr. PERLMUTTER. I yield the gen- is a company that taxpayers now own to prevent that. This bill is about com- tleman an additional 1 minute. 80 percent of. If that’s not a definition pensation where it’s excessive or not Mr. MORAN of Virginia. So here we of bankruptcy, I don’t know what is. In based upon performance. are now with the largest deficit we bankruptcy, it’s okay to look at the What I would like to do now, though, have ever faced, a deficit that is great- commitments you made in the past. is turn it over to my friend from Vir- er than the deficit created by all the Now I am afraid—by the way, the ginia (Mr. MORAN), and I would yield previous Presidents in American his- AIG executives apparently got the mes- him 3 minutes. tory, and basically it was because we sage because many of them have re- Mr. MORAN of Virginia. Madam had a Congress of the same party as turned that bonus money back to the Speaker, I was not intending to speak, the White House who got all the spend- taxpayers who gave it to the company. but it does seem to me there should be ing programs they wanted, primarily in I thought that was okay to send that some historical accuracy within the the defense area, and cut all the taxes message. We were way ahead of any CONGRESSIONAL RECORD. And while the they chose. constitutional concern. There was no gentlelady from North Carolina is cer- Now, of course, the money was not Senate action. The President wasn’t tainly entitled to her own set of opin- well distributed, and that’s one of the about to sign a bill. We were sending a ions, she is not entitled to her own set problems. It went to the wealthiest message. They got the message. of facts. So let me review some of the people in the country. In fact, one of I think the problem with that mes- facts in terms of the economic history our problems is that more than 90 per- sage may be that some of our own she purported to describe. cent of the income growth that has oc- Members got a different message, I agree that we did have a substantial curred over the last 8 years went to the which is it’s somehow okay for the gov- fiscal crisis in the 1980s, but it was the top 10 percent. 90 percent of this coun- ernment to decide that they can decide Bush administration that has told us try’s wealth is now controlled by 1 per- salaries and how to run companies.

VerDate Nov 24 2008 05:11 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.028 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4265 You know, the government can barely say as to what the compensation say at the outset I have a number of run the government. The government should be of those institutions until problems with this, but in terms of this week has announced we’re going to those loans or that capital is repaid. bringing up Mr. Paulson, I did not vote run the auto industry. The auto indus- Now, there may be something that for the first TARP program nor did I try is in trouble. If I were picking a might make the gentleman from Mis- vote for the second one, but at least group of folks to run it, it wouldn’t be souri a little happier, and that is, there Mr. Paulson did pay his taxes. And I the government. But the government is is an amendment that will be proposed, think most Americans know that we there. I believe it’s an amendment by Mr. have a man in charge of the Treasury And now we’ve got this bill on the CARDOZA, that will exempt, in effect, who was appointed by Mr. Obama who floor that suggests somehow that the institutions that have received less did not pay his taxes. And to hold him government can set salaries at what I than, I think it’s $250 million, which is up as a standard over and over again I would see as not only the high level still a lot of money. But small commu- think is ironic for the Democrat Party. that we tried to take care of last fall in nity banks, smaller financial institu- In fact, if I was a member of the Demo- a bill. And apparently the stimulus tions will not be part of the program, if crat Party, I’d have a little squeamish- package that came through had lan- that amendment is accepted. ness myself before I embraced Mr. guage in it that reversed some of that Mr. BLUNT. Would the gentleman Geithner and all of the wonderful language and made these bonuses at yield? things that you believe he’s going to do the higher level possible to be paid. I Mr. PERLMUTTER. Certainly. for this country. regret that. I am glad I didn’t vote for Mr. BLUNT. Thank you for yielding. Having said that, even though he did that stimulus bill. I’m glad that I I just say that on that broader topic not pay his taxes, I hope he is success- didn’t do anything that enabled that. of reform of those GSEs, certainly ful because we need to turn the econ- I am not going to vote for this bill there was legislation proposed in 2007. omy around, and the Republican Party today. It is all we can do to run the It wasn’t passed. The President of the certainly is going to help any way we government and to try to tell these United States called for legislation can and work on a bipartisan basis to companies how to pay the people that every year beginning in 2001. do that. work for them is not the right thing to The point is that the Congress can I have some real concerns about H.R. do. I mean, as late as last April, the barely run the government, let alone 1664, however. Number one, the institu- chairman of the Banking Committee in try to put a matrix together and run tions who signed up for it understood the House that deals with housing, the these companies in minute detail. The that there were certain rules that they chairman of the Housing Committee in very fact that we’re going to have all would abide by, certain under- the Senate were both saying as late as these amendments today indicates standings, and now that has changed, last April that Fannie Mae and Freddie that, once again, we’re rushing to the this is going back and making the rules Mac didn’t need to be reined in. They floor with a bill that shows maybe the different for them. And that is one of were saying as late as last April that Congress is not the best daily gov- the things that this administration is these agencies needed even more abil- erning officer of the businesses of most guilty of I think is constantly ity to loan more money. America. changing the rules. If we could be that wrong that close I thank my friend for yielding. The market needs to react. If the to the precipice that we went off in the Mr. PERLMUTTER. Thank you. And market knows the rules are here, or summer and fall, imagine how wrong I would just respond to my friend from they’re here and they’re left or they’re we could be running a company that Missouri by saying that we, at least in right but they’re poured in concrete, doesn’t even have any relationship to this House, passed the GSE reform bills then the market can start making ad- what the government does every day. twice, once in 2007 and again in 2008, at justments. But as it is, this Congress is which time the President signed it in obsessed with each week reading a new b 1145 the summer of 2008. poll and coming out with a new rule, This is a bad bill. It’s a bad rule. We Secondly, I would just say that the and because of that instability, the should not move forward with this rule financial sector has been in a heap of market will never normalize. The mar- and not move forward with this bill. trouble, and without the assistance of ket has to become comfortable with Mr. PERLMUTTER. Madam Speaker, the people and this government, they the rules so that they can adjust and I will use so much time as I might con- would be in worse trouble today. That live in that environment, but if we sume, and I’d like to remind my friend is my belief, and I think that would be keep changing them, we are still going from Missouri, first of all, the first the record reflected by many experts to have instability in the market. time any kind of regulation over across the country. Secondly, this is overly broad. It ap- Fannie Mae and Freddie Mac was pro- With that, I reserve the balance of plies to all employees rather than the posed was in this Congress, was by the my time. top executives, and I know that many House of Representatives, as early as Ms. FOXX. Madam Speaker, our col- in the Democrat Party see this as a de- March of 2007 to provide some regula- leagues on the other side keep bringing licious opportunity to beat up on ex- tion to those two entities. up Secretary Paulson, but they leave ecutives, successful people who pay The second thing I would remind my out the fact that the current Secretary high taxes, the rich and the wealthy friend—and I appreciate his comments of the Treasury was the head of the who seem to be so maligned by the left. about, you know, the shot across the New York Fed at the same time and But this applies to all employees. Now, bow of the AIG executives and the fact was standing right beside Secretary the gentleman mentioned that there that they are returning some of the Paulson when those recommendations might be a Cardoza amendment that’s money—but I would also remind him were made. going to make some changes in this, that in the business world, a lender in It also was under his watch that the maybe eliminate some of the compa- making a loan to a company may, as amendment to allow the bonuses to nies that would be qualified for it. I’m part of that loan agreement, put limits AIG was done, and we know from state- interested in that amendment and look on compensation to the executives ments that Senator DODD has made forward to that debate. until that loan is repaid. That’s a that he was directed to do that by the Number three, this is really all about standard operating procedure in the Treasury Department. So, again, we’re AIG, and the fact that Mr. DODD, the business world, and shareholders do not going to be saddled with the prob- Democrat chairman of the Senate that, too. lems they created. They’ve got a tar Banking Committee, had taken out the So a board of directors of a company baby. They’re not going to shift it off language which was put in by Repub- may be restricted by an outside influ- to the Republicans. lican OLYMPIA SNOWE that would have ence like a lender or by its own share- I’d now like to yield 4 minutes to the eliminated the AIG bonuses. Mr. DODD holders. In this instance, we are plac- gentleman from Georgia (Mr. KING- purposely, under the instruction, ac- ing a lot of money into many institu- STON), my colleague. cording to him, not me, under the in- tions across this country, and I believe Mr. KINGSTON. I thank the gentle- struction of the Obama administration, the people of this country have some woman for yielding, and I want to just took that out.

VerDate Nov 24 2008 04:56 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.030 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4266 CONGRESSIONAL RECORD — HOUSE April 1, 2009 So now we’re crawfishing—I’m not So, with that, I certainly appreciate b 1200 sure if you have crawfish out in Colo- the gentlewoman for yielding. As my colleague from Georgia point- rado, my friend, but crayfish, either Mr. PERLMUTTER. Madam Speaker, ed out, we have such great examples of way, but you know how they swim, I yield myself such time as I might the wonderful way that the Federal when they’re scared they put the tail consume. Government spends money, such as I would just advise my friend, Mr. in, they go backwards. And I think FEMA and other areas where the pub- KINGSTON, that take a look at the bill. there are Members of the Democrat lic knows a big disaster has been made. Party right now who are crayfishing or It’s a very simple bill. My friend from But I want to point out again that crawfishing, and they’re doing it for North Carolina was correct, and it just this is the wrong way to go. We’ve said Mr. DODD’s politics. Nobody in the basically says no financial institution, this from the beginning—again, with while it has money that’s taxpayer House was aware of that negotiation the bailouts last year. And we’re ask- money through TARP or otherwise, and the language, but I think this is all ing now: What is the exit strategy from can pay excessive compensation or about AIG, and this is a political deci- all of the sweeping government in- anything other than performance bo- sion. volvement in the private sector? What nuses. An executive cannot hold the You know, we’ve got a really smart is the exit strategy? administration right now, one that’s company hostage, as was done in the Is it going to be week after week on the side of fighting the war, can AIG instance. after week that we’re going to see an- And if and when that money’s paid turn around the car industry, can turn other bill that tries to cover up the back, then fine, the board of directors, around the banking industry, turn mistakes that the Democrats have around the insurance industry, and and the shareholders will determine what appropriate salaries their man- brought to us over and over again? guarantees us the efficiency of the post This moves in the wrong direction agement deserves, and that is all this office and FEMA as an end result, as from an exit strategy. It makes the does. Lender has a chance in this in- the standard that we’ve got to live by. Treasury Secretary, with approval of stance to put some restrictions on sala- This is a bill that actually has some the members of the Federal Financial good intentions, something that we’re ries, and if the borrower, being the fi- Institutions Examination Council, in all frustrated about. We do not want to nancial institution, doesn’t like those consultation with the chairperson of reward inefficiency, but unfortunately, restrictions, feels it’s in a solid posi- the TARP Congressional Oversight the government and these companies tion and can return the moneys, then Panel, the arbiters of what is reason- got in bed together, and now they’re so be it. That’s the way it is. able or excessive compensation for cov- trying to live in that framework, and But the private sector, and particu- ered institutions. They don’t even de- the government keeps changing the larly the financial system, was on fine that in this bill. They leave it up rules. shaky ground until this loan was made The SPEAKER pro tempore. The to them, and the purpose of this is to to the Treasury regulators, the bank time of the gentleman has expired. make sure that the institutions don’t regulators, who created this problem to Ms. FOXX. Madam Speaker, I would take advantage of the good graces of begin with. What kind of a system is be happy to give the gentleman 2 more the American people. that? minutes. It brought kind of a chuckle when It’s a little crazy to say that we’re Mr. KINGSTON. I thank the gentle- my friend Mr. KINGSTON talked about going to give the people who created woman, and I just want to say this. FEMA and the way the government ran this problem more authority, more re- One other thing that Mr. Geithner re- FEMA. Well, FEMA under the Clinton sponsibility. They’re going to define cently announced is this public-private administration, I would say, was run in what is unreasonable or excessive. partnership to buy the toxic assets, a very good fashion. FEMA, on the I asked yesterday, ‘‘Can we define now legacy assets, of banks, and the other hand, under the Bush administra- those things?’’ No. We leave that up to idea is to get the public sector and the tion was at best a troubled organiza- the Treasury Department. But it was private sector to take all this bad real tion. the Treasury Department who decided estate off the books of financial insti- With that, I reserve the balance of that the AIG bonuses were just fine. In tutions so that we can get a bottom, so my time. fact, they promoted them. So are they that we can get a market, so that we Ms. FOXX. Madam Speaker, I think going to say that they are going to can get them off the taxpayers. that my colleagues who have spoken give big bonuses under this? That But unfortunately, if you are a pub- have been very eloquent in pointing doesn’t make any sense. lic-private kind of entrepreneur who out again what is wrong with this bill. The best approach to protecting the might want to put together a deal like I want to reiterate that this is simply taxpayers’ investment in private busi- this, you’re saying, you know, do I to provide political cover for Demo- nesses is through stronger oversight really want to do this when the govern- cratic Members of the House and to and accountability, not by further en- ment is going to come back and change change the subject away from the ad- trenching government in the oper- my compensation? I think most people ministration’s failure to exercise ade- ations and management of hundreds of would say, you know, if these folks ac- quate oversight of taxpayer dollars ex- businesses across America. tually have to make as much money as tended to prop up AIG and other orga- I say again, Senator LEVIN says he some of the leading Democrats of the nizations. wants to consider defense executive world like Barbra Streisand and George Most Republicans voted against the pay cuts. Are we going to go into every Soros, some of the big donors in your bailout last fall. All Republicans and 11 single business in this country and de- area, you know, if we have to pay them Democrats voted against the stimulus cide? Is the Congress going to do that, but they can do the job right, they can bill. So, again, we can’t be blamed for is the Treasury Department going to turn around AIG—which I think prob- the things that the Democrats have do that? ably it’s too late for that—maybe it’s carried out in this session of Congress. We know that the bill a week ago to worth it because, after all, we are pay- We are for accountability, and we tax bonuses 90 percent—those at AIG— ing a lot of people to play professional want to see the administration and the was clearly unconstitutional. My guess sports and star in movies and things Democratically controlled House get is that this bill is going to be decided like that. these things under control. But they that way also. So maybe it’s worth it to pay people keep doing things that make it worse We also know there was this big hue high salaries to turn around the finan- and worse and worse. and cry and, again, outrage, outrage, cial institutions, which have a ripple I believe, as do many of my col- outrage, expressed on the floor of this effect throughout our housing and our leagues, that we need to be focusing on House about that bill, and the bill is credit system and our banking system. holding all programs that get Federal going nowhere. After all the outrage, It might be something that we should dollars accountable. However, there is then the President says, Oh, maybe we do. But I just think that this bill is a absolutely no effort going on in this went too far. The Senate buried the politically motivated bill and not a Congress to scrutinize programs that bill. Nobody’s going to do anything sound economic bill in the current sit- are controlled by the Federal Govern- about it. I’m wondering if that’s going uation. ment. to happen to this too. And that’s what

VerDate Nov 24 2008 00:10 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.032 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4267 should happen to this bill—the same bonuses. Despite the overwhelming 328–93 the people who understand that the public’s thing that happened to the bill last vote, support for the measure began to col- money needs to be protected, and who are week. lapse almost immediately. Within days, the the people who simply want to suck up to But is it going to be a bill a week Obama White House backed away from it, as their patrons on Wall Street.’’ did the Senate Democratic leadership. The After the AIG bonus tax bill was passed, where we deal with this? Again, we try bill stalled, and the populist storm that some members of the House privately ex- to make Republicans look bad because spawned it seemed to pass. pressed regret for having supported it and they are standing up for the Constitu- But now, in a little-noticed move, the were quietly relieved when the White House tion, they’re standing up for the people House Financial Services Committee, led by and Senate leadership sent it to an uncere- of this country. They are trying to rein chairman Barney Frank, has approved a monious death. But populist rage did not die in the government. Again, we don’t measure that would, in some key ways, go with it, and now the House is preparing to do say, We’re here from Washington, and beyond the most draconian features of the it all again. original AIG bill. The new legislation, the we’re here to save you. I will quote briefly from the article. ‘‘Pay for Performance Act of 2009,’’ would This is a quote—and I probably will say The Congressional Oversight Panel impose government controls on the pay of all that they want to put in charge of this, employees—not just top executives—of com- that more than once because I think along with the Treasury Department, panies that have received a capital invest- it’s very important to continue to was never intended, nor is it author- ment from the U.S. government. It would, make sure this is a quote: ized, to set policy. like the tax measure, be retroactive, chang- ‘‘Representative ALAN GRAYSON, the So here we have, again, a situation ing the terms of compensation agreements Florida Democrat who wrote the bill, where we’re going to mix the executive already in place. And it would give Treasury told me its basic message is, ’you with the legislative. We know the Su- Secretary Timothy Geithner extraordinary should not get rich off public money, power to determine the pay of thousands of and you should not get rich off of ab- preme Court has ruled in the past that employees of American companies. that is unconstitutional. But this ma- The purpose of the legislation is to ‘‘project failure.’ jority doesn’t seem to care about the hibit unreasonable and excessive compensa- ‘‘GRAYSON expects the bill to pass the Constitution. They don’t mind that tion and compensation not based on perform- House and, as we talked, he framed the they took an oath to uphold the Con- ance standards,’’ according to the bill’s lan- issue in a way to suggest that virtuous stitution. Day after day after day we guage. That includes regular pay, bonuses— lawmakers will vote for it, while cor- see violations of the Constitution. This everything—paid to employees of companies rupt lawmakers will vote against it. in whom the government has a capital stake, happens to be the latest one. ‘‘This bill will show which Repub- including those that have received funds licans are so much on the take from I want to point out again what one of through the Troubled Assets Relief Program, my colleagues said earlier. There’s a or TARP, as well as Fannie Mae and Freddie the financial services industry that rush to judgment here. This bill was in- Mac. they’re willing to actually bless com- troduced on March 23. So, here we are, The measure is not limited just to those pensation that has no bearing on per- continuing to rush in. Fools rush in firms that received the largest sums of formance and is excessive and unrea- where angels fear to tread is something money, or just to the top 25 or 50 executives sonable,’’ GRAYSON said. ‘‘We’ll find out of those companies. It applies to all employ- my mother taught me a long time ago. who are the people who understand ees of all companies involved, for as long as that the public’s money needs to be I’m wondering if we need to think a lit- the government is invested. And it would not tle bit before we rush into areas where only apply going forward, but also retro- protected, and who are the people who we might be treading on thin ice. actively to existing contracts and pay ar- simply want to suck up to their pa- I reserve the balance of my time. rangements of institutions that have already trons on Wall Street.’’ That’s the end Mr. PERLMUTTER. Mr. Speaker, I received funds. of the quote from the D.C. Examiner. would inquire of my friend from North In addition, the bill gives Geithner the au- I certainly hope that the gentleman Carolina whether she has any other thority to decide what pay is ‘‘unreasonable’’ from Florida wasn’t inferring that I, a or ‘‘excessive.’’ And it directs the Treasury Republican who opposes this bill, am a speakers. Department to come up with a method to Ms. FOXX. Mr. Speaker, I don’t have evaluate ‘‘the performance of the individual ‘‘corrupt lawmaker.’’ any other speakers, but I do have a executive or employee to whom the payment None other than Thomas Jefferson in closing statement. relates.’’ his manual, which is our guide here— Mr. PERLMUTTER. I would reserve The bill passed the Financial Services Mr. Speaker, I know you are familiar the balance of my time. Committee last week, 38 to 22, on a nearly with Mr. Jefferson’s manual. It is what Ms. FOXX. The other side of the party-line vote. (All Democrats voted for it, we use to guide us—not just day by and all Republicans, with the exception of aisle, I think, is trying to demonize day, but minute by minute on this Reps. Ed Royce of California and Walter floor. this issue. It’s constantly trying to say Jones of North Carolina, voted against it.) that Republicans favor the rich and The legislation is expected to come before Mr. Jefferson said: ‘‘The con- that they favor the poor and are look- the full House for a vote this week, and, just sequences of a measure may be con- ing after the taxpayers. like the AIG bill, its scope and retroactivity demned in the strongest terms; but to Their vote later today on the budget trouble a number of Republicans. ‘‘It’s just a arraign the motives of those who pro- is going to prove they’re not looking bad reaction to what has been going on with pose to advocate it is not in order.’’ after the taxpayers. They’re not con- AIG,’’ Rep. Scott Garrett of New Jersey, a Just because a Member chooses to op- committee member, told me. Garrett is par- cerned about our children and grand- pose legislation, whether it be for rea- ticularly concerned with the new powers sons of policy or principle, they should children. They’re simply concerned that would be given to the Treasury Sec- with politicizing every issue they can retary, who just last week proposed giving not be disparaged by their colleagues, possibly politicize. And I think that I the government extensive new regulatory who wrestle with the very same voting have a perfect example of that stated authority. ‘‘This is a growing concern, that decisions every day. by one of their own. the powers of the Treasury in this area, We’re seeing things which are un- Yesterday, the D.C. Examiner pub- along with what Geithner was looking for precedented in our history. Just yes- lished an article on the underlying last week, are mind boggling,’’ Garrett said. terday, the President of the United Rep. Alan Grayson, the Florida Democrat States fired the CEO of what was once measure that this rule deals with, and who wrote the bill, told me its basic message I will place it in the RECORD at this is ‘‘you should not get rich off public money, the largest corporation in the world. point. and you should not get rich off of abject fail- Some of us are concerned about where [From the Washington Examiner, Mar. 31, ure.’’ Grayson expects the bill to pass the this is going. Some of us think this is 2009] House, and as we talked, he framed the issue simply the wrong thing to do. in a way to suggest that virtuous lawmakers It’s easy to demonize the high-flying BEYOND AIG: A BILL TO LET BIG will vote for it, while corrupt lawmakers will GOVERNMENT SET YOUR SALARY Wall Street fat cats who contributed vote against it. (By Byron York) mightily to our current situation. It’s ‘‘This bill will show which Republicans are politically expedient to criticize cor- It was nearly two weeks ago that the so much on the take from the financial serv- House of Representatives, acting in a near- ices industry that they’re willing to actually porate CEOs who seem tone deaf to the frenzy after the disclosure of bonuses paid to bless compensation that has no bearing on problems experienced daily by our con- executives of AIG, passed a bill that would performance and is excessive and unreason- stituents. But just because we’re elect- impose a 90 percent retroactive tax on those able,’’ Grayson said. ‘‘We’ll find out who are ed every 2 years doesn’t mean that we

VerDate Nov 24 2008 04:56 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.034 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4268 CONGRESSIONAL RECORD — HOUSE April 1, 2009 leave our principles at the door when Now we’ve got to make sure that peo- (H.R. 1804) to amend title 5, United we enter this Chamber. ple within that system don’t take ad- States Code, to make certain modifica- Ambition is a good thing, but not vantage of the good graces of the tions in the Thrift Savings Plan, the when you impugn the motives of those American people. And that’s the pur- Civil Service Retirement System, and who disagree. Those of us who have pose of this bill. the Federal Employees’ Retirement some experience understand that such It provides for guidelines and regula- System, and for other purposes. words quoted from the D.C. Examiner, tions. There will be amendments, Mr. The Clerk read the title of the bill. if they had been spoken on the floor, Speaker, that will potentially limit The text of the bill is as follows: would have been considered inappro- this to bigger banks—not to smaller H.R. 1804 priate. They are just as inappropriate community banks. Be it enacted by the Senate and House of Rep- off the floor as they are on the floor. I would agree with my friend from resentatives of the United States of America in Mr. Speaker, this rule is wrong. The North Carolina that whether it’s on Congress assembled, underlying bill is wrong. The efforts to this floor or out in public, hyperbole SECTION 1. SHORT TITLE; TABLE OF CONTENTS. continue to involve our government in and rhetoric can impugn somebody’s (a) SHORT TITLE.—This Act may be cited as places it has no business in is wrong. character. She’s concerned about Mr. the ‘‘Federal Retirement Reform Act of 2009’’. We need to do everything we can at GRAYSON. I would say there are others (b) TABLE OF CONTENTS.—The table of con- this time—and we know we have people on her side who call people un-Amer- tents for this Act is as follows: in this country hurting. Republicans ican because of the way they vote here. Sec. 1. Short title; table of contents. are very, very sensitive to that. But I would just say to you, Mr. Speaker, TITLE I—PROVISIONS RELATING TO the last thing in the world we need to and to the Members of this Chamber, FEDERAL EMPLOYEES RETIREMENT do is to cut out the basis of this coun- that our words do really matter, and Subtitle A—Thrift Savings Plan try—to weaken the very things that we do need to keep an eye on what we Enhancement have made us the greatest country in say. We really do have to watch our- Sec. 101. Short title. the world. And involving ourselves selves and not get caught up in the Sec. 102. Automatic enrollments. more and more in controlling private heat of debate. Sec. 103. Qualified Roth contribution pro- enterprise will do nothing but to weak- This bill is appropriate at this time gram. en this country more, to get our gov- to manage the lending that this coun- Sec. 104. Authority to establish self-directed ernment involved. try has done. As companies pay back investment window. It’s the wrong way to go. I urge my their TARP advances, they’re no Sec. 105. Reporting requirements. Sec. 106. Acknowledgement of risk. colleagues to vote against this rule and longer subject to this. The manage- to vote against the underlying bill. Subtitle B—Other Retirement-Related ment payments and salaries are subject Provisions With that, I yield back the balance of to the board of directors and their Sec. 111. Credit for unused sick leave. my time. shareholders. Sec. 112. Exemption of certain CSRS repay- Mr. PERLMUTTER. I yield myself But at this point in time, with those ments from the requirement such time as I may consume. particular institutions, we are both that they be made with inter- I would urge an ‘‘aye’’ vote on this lenders and shareholders, and we cer- est. rule. So we will begin with that. The tainly have a say over the compensa- Sec. 113. Computation of certain annuities rule is designed and provides for seven tion of the management. based on part-time service. amendments to a bill that limits exec- I urge an ‘‘aye’’ vote on the rule and Sec. 114. Treatment of members of the uni- utive compensation that is excessive, formed services under the on the underlying bill. Thrift Savings Plan. unreasonable, and not performance- I yield back the balance of my time, Sec. 115. Authority to deposit refunds under based. and I move the previous question on FERS. If an executive of an institution the resolution. Sec. 116. Retirement credit for service of that’s been loaned money or in which The previous question was ordered. certain employees transferred it has had capital advanced by the The SPEAKER pro tempore (Mr. from District of Columbia serv- United States of America, by the peo- SALAZAR). The question is on the reso- ice to Federal service. ple of America, and pays $5 million, $10 lution. TITLE II—SPECIAL SURVIVOR INDEM- million, $20 million for no reason, in an The question was taken; and the NITY ALLOWANCE FOR SURVIVING excessive manner, then that kind of Speaker pro tempore announced that SPOUSES OF ARMED FORCES MEM- BERS bonus is restricted. the ayes appeared to have it. The people’s money as we’ve ad- Ms. FOXX. Mr. Speaker, on that I de- Sec. 201. Increase in monthly amount of special survivor indemnity allow- vanced it is to get the institutions mand the yeas and nays. ance for widows and widowers back on track and not to pay execu- The yeas and nays were ordered. of deceased members of the tives exorbitant salaries. The people The SPEAKER pro tempore. Pursu- Armed Forces affected by re- across the country expect that, number ant to clause 8 of rule XX, further pro- quired Survivor Benefit Plan one. So I support the rule and I support ceedings on this question will be post- annuity offset for dependency the underlying bill. poned. and indemnity compensation. Now there are a lot of reasons we got f TITLE I—PROVISIONS RELATING TO into this position where the govern- FEDERAL EMPLOYEES RETIREMENT b 1215 ment and the people of this country Subtitle A—Thrift Savings Plan Enhancement have had to assist the financial sys- ANNOUNCEMENT BY THE SPEAKER SEC. 101. SHORT TITLE. tem—not the least of which was some- PRO TEMPORE This subtitle may be cited as the ‘‘Thrift thing like the Gramm-Leach-Bliley, The SPEAKER pro tempore. Pursu- Savings Plan Enhancement Act of 2009’’. which dropped regulations; or an inat- ant to clause 8 of rule XX, the Chair SEC. 102. AUTOMATIC ENROLLMENTS. tention by the Bush administration to will postpone further proceedings (a) IN GENERAL.—Section 8432(b) of title 5, regulations within the financial sys- United States Code, is amended by striking today on motions to suspend the rules paragraphs (2) through (4) and inserting the tem. But we are where we are. on which a recorded vote or the yeas following: President Bush and Secretary and nays are ordered, or on which the ‘‘(2)(A) The Board shall by regulation pro- Paulson asked for a huge advance to vote incurs objection under clause 6 of vide for an eligible individual to be auto- the financial system to keep it upright. rule XX. matically enrolled to make contributions We did that. As a Democrat and as a Record votes on the postponed ques- under subsection (a) at the default percent- Democratic Congress, advancing $700 tions will be taken later. age of basic pay. ‘‘(B) For purposes of this paragraph, the billion to a Republican President and f his Treasury Secretary to put the fi- default percentage shall be equal to 3 percent or such other percentage, not less than 2 per- nancial system back on track was not FEDERAL RETIREMENT REFORM ACT OF 2009 cent nor more than 5 percent, as the Board the first thing I wanted to do. But they may by regulation prescribe. made a good case. Their pleas were Mr. TOWNS. Mr. Speaker, I move to ‘‘(C) The regulations shall include provi- heard. And we did that. suspend the rules and pass the bill sions under which any individual who would

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Any such cordance with subparagraph (A) may— RECTED INVESTMENT WINDOW. estimate shall be based on the previous ‘‘(i) modify the percentage or amount to be (a) IN GENERAL.—Section 8438(b)(1) of title year’s experience. contributed pursuant to automatic enroll- 5, United States Code, is amended— (c) DEFINITIONS.—For purposes of this sec- ment, effective from the start of such enroll- (1) in subparagraph (D), by striking ‘‘and’’ tion— ment; or at the end; (1) the term ‘‘Board’’ has the meaning ‘‘(ii) decline automatic enrollment alto- (2) in subparagraph (E), by striking the pe- given such term by 8401(5) of title 5, United gether. riod and inserting ‘‘; and’’; and States Code; ‘‘(D) For purposes of this paragraph, the (3) by adding after subparagraph (E) the (2) the term ‘‘participant’’ has the meaning term ‘eligible individual’ means any indi- following: given such term by section 8471(3) of title 5, vidual who, after any regulations under sub- ‘‘(F) a self-directed investment window, if United States Code; and paragraph (A) first take effect, is appointed, the Board authorizes such window under (3) the term ‘‘account’’ means an account transferred, or reappointed to a position in paragraph (5).’’. established under section 8439 of title 5, which that individual is eligible to con- (b) REQUIREMENTS.—Section 8438(b) of title United States Code. 5, United States Code, is amended by adding tribute to the Thrift Savings Fund. SEC. 106. ACKNOWLEDGEMENT OF RISK. ‘‘(E)(i) Subject to clause (ii), sections at the end the following: (a) IN GENERAL.—Section 8439(d) of title 5, 8351(a)(1), 8440a(a)(1), 8440b(a)(1), 8440c(a)(1), ‘‘(5)(A) The Board may authorize the addi- United States Code, is amended— 8440d(a)(1), and 8440e(a)(1) shall be applied in tion of a self-directed investment window (1) by striking the matter after ‘‘who a manner consistent with the purposes of under the Thrift Savings Plan if the Board elects to invest in’’ and before ‘‘shall sign an this paragraph. determines that such addition would be in acknowledgement’’ and inserting ‘‘any in- ‘‘(ii) The Secretary concerned may, with the best interests of participants. vestment fund or option under this chapter, respect to members of the uniformed serv- ‘‘(B) The self-directed investment window other than the Government Securities In- ices under the authority of such Secretary, shall be limited to— vestment Fund,’’; and establish such special rules as such Sec- ‘‘(i) low-cost, passively-managed index (2) by striking ‘‘either such Fund’’ and in- retary considers necessary for the adminis- funds that offer diversification benefits; and serting ‘‘any such fund or option’’. tration of this subparagraph, including rules ‘‘(ii) other investment options, if the Board in accordance with which such Secretary determines the options to be appropriate re- (b) COORDINATION WITH PROVISIONS RELAT- may— tirement investment vehicles for partici- ING TO FIDUCIARY RESPONSIBILITIES, LIABIL- ‘‘(I) provide for delayed automatic enroll- pants. ITIES, AND PENALTIES.—Section 8477(e)(1)(C) ment; or ‘‘(C) The Board shall ensure that any ad- of title 5, United States Code, is amended— ‘‘(II) preclude or suspend the application of ministrative expenses related to use of the (1) by redesignating subparagraph (C) as automatic enrollment.’’. self-directed investment window are borne subparagraph (C)(i); and (2) by adding at the end the following: (b) TECHNICAL AMENDMENT.—Section solely by the participants who use such win- 8432(b)(1) of title 5, United States Code, is dow. ‘‘(ii) A fiduciary shall not be liable under amended by striking the parenthetical mat- ‘‘(D) The Board may establish such other subparagraph (A), and no civil action may be ter in subparagraph (B). terms and conditions for the self-directed in- brought against a fiduciary— vestment window as the Board considers ap- ‘‘(I) for providing for the automatic enroll- SEC. 103. QUALIFIED ROTH CONTRIBUTION PRO- propriate to protect the interests of partici- GRAM. ment of a participant in accordance with sec- pants, including requirements relating to (a) IN GENERAL.—Subchapter III of chapter tion 8432(b)(2)(A); risk disclosure. 84 of title 5, United States Code, is amended ‘‘(II) for enrolling a participant in a default ‘‘(E) The Board shall consult with the Em- by inserting after section 8432c the following: investment fund in accordance with section ployee Thrift Advisory Council (established 8438(c)(2); or ‘‘§ 8432d. Qualified Roth contribution pro- under section 8473) before establishing any ‘‘(III) for allowing a participant to invest gram self-directed investment window.’’. through the self-directed investment window ‘‘(a) DEFINITIONS.—For purposes of this sec- SEC. 105. REPORTING REQUIREMENTS. or for establishing restrictions applicable to tion— (a) ANNUAL REPORT.—The Board shall, not participants’ ability to invest through the ‘‘(1) the term ‘qualified Roth contribution later than June 30 of each year, submit to self-directed investment window.’’. program’ means a program described in para- Congress an annual report on the operations graph (1) of section 402A(b) of the Internal Subtitle B—Other Retirement-Related of the Thrift Savings Plan. Such report shall Provisions Revenue Code of 1986 which meets the re- include, for the prior calendar year, informa- quirements of paragraph (2) of such section; tion on the number of participants as of the SEC. 111. CREDIT FOR UNUSED SICK LEAVE. and last day of such prior calendar year, the me- (a) IN GENERAL.—Section 8415 of title 5, ‘‘(2) the terms ‘designated Roth contribu- dian balance in participants’ accounts as of United States Code, is amended— tion’ and ‘elective deferral’ have the mean- such last day, demographic information on (1) by redesignating the second subsection ings given such terms in section 402A of the participants, the percentage allocation of (k) and subsection (l) as subsections (l) and Internal Revenue Code of 1986. amounts among investment funds or options, (m), respectively; and ‘‘(b) AUTHORITY TO ESTABLISH.—The Board the status of the development and implemen- (2) in subsection (l) (as so redesignated by shall by regulation provide for the inclusion tation of the self-directed investment win- paragraph (1))— in the Thrift Savings Plan of a qualified dow, the diversity demographics of any com- (A) by striking ‘‘(l) In computing’’ and in- Roth contribution program, under such pany, investment adviser, or other entity re- serting ‘‘(l)(1) In computing’’; and terms and conditions as the Board may pre- tained to invest and manage the assets of the (B) by adding at the end the following: scribe. Thrift Savings Fund, and such other infor- ‘‘(2) Except as provided in paragraph (1), in ‘‘(c) REQUIRED PROVISIONS.—The regula- mation as the Board considers appropriate. A computing an annuity under this subchapter, tions under subsection (b) shall include— copy of each annual report under this sub- the total service of an employee who retires ‘‘(1) provisions under which an election to section shall be made available to the public on an immediate annuity or who dies leaving make designated Roth contributions may be through an Internet website. a survivor or survivors entitled to annuity made— (b) REPORTING OF FEES AND OTHER INFOR- includes the days of unused sick leave to his ‘‘(A) by any individual who is eligible to MATION.— credit under a formal leave system, except make contributions under section 8351, (1) IN GENERAL.—The Board shall include in that these days will not be counted in deter- 8432(a), 8440a, 8440b, 8440c, 8440d, or 8440e; and the periodic statements provided to partici- mining average pay or annuity eligibility ‘‘(B) by any individual, not described in pants under section 8439(c) of title 5, United under this subchapter. For purposes of this subparagraph (A), who is otherwise eligible States Code, the amount of the investment subsection, in the case of any such employee to make elective deferrals under the Thrift management fees, administrative expenses, who is excepted from subchapter I of chapter Savings Plan; and any other fees or expenses paid with re- 63 under section 6301(2)(x)–(xiii), the days of ‘‘(2) any provisions which may, as a result spect to each investment fund and option unused sick leave to his credit include any of enactment of this section, be necessary in under the Thrift Savings Plan. Any such unused sick leave standing to his credit order to clarify the meaning of any reference statement shall also provide a statement no- when he was excepted from such sub- to an ‘account’ made in section 8432(f), 8433, tifying participants as to how they may ac- chapter.’’. 8434(d), 8435, 8437, or any other provision of cess the annual report described in sub- (b) EXCEPTION FROM DEPOSIT REQUIRE- law; and section (a), as well as any other information MENT.—Section 8422(d)(2) of title 5, United ‘‘(3) any other provisions which may be concerning the Thrift Savings Plan that States Code, is amended by striking ‘‘section necessary to carry out this section.’’. might be useful. 8415(k)’’ and inserting ‘‘paragraph (1) or (2) of (b) CLERICAL AMENDMENT.—The analysis (2) USE OF ESTIMATES.—For purposes of pro- section 8415(l)’’. for chapter 84 of title 5, United States Code, viding the information required under this (c) EFFECTIVE DATE.—The amendments is amended by inserting after the item relat- subsection, the Executive Director may pro- made by this section shall apply with respect ing to section 8432c the following: vide a reasonable and representative esti- to annuities computed based on separations ‘‘8432d. Qualified Roth contribution pro- mate of any fees or expenses described in occurring on or after the date of enactment gram.’’. paragraph (1) and shall indicate any such es- of this Act.

VerDate Nov 24 2008 00:10 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.004 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4270 CONGRESSIONAL RECORD — HOUSE April 1, 2009 SEC. 112. EXEMPTION OF CERTAIN CSRS REPAY- Member may be allowed credit under this purposes of applying paragraph (1) with re- MENTS FROM THE REQUIREMENT chapter may deposit the amount received, spect to the individual. THAT THEY BE MADE WITH INTER- with interest. Credit may not be allowed for (3) SERVICE NOT INCLUDED IN COMPUTING EST. the service covered by the refund until the AMOUNT OF ANY ANNUITY.—Qualifying Dis- (a) IN GENERAL.—Section 8334(d)(1) of title deposit is made. trict of Columbia service shall not be taken 5, United States Code, is amended— ‘‘(2) Interest under this subsection shall be into account for purposes of computing the (1) by striking ‘‘(d)(1)’’ and inserting computed in accordance with paragraphs (2) amount of any benefit payable out of the ‘‘(d)(1)(A)’’; and and (3) of section 8334(e) and regulations pre- Civil Service Retirement and Disability (2) by adding at the end the following: scribed by the Office. The option under the Fund. ‘‘(B) No interest under subparagraph (A) third sentence of section 8334(e)(2) to make a shall be required in the case of any deposit (b) QUALIFYING DISTRICT OF COLUMBIA deposit in one or more installments shall SERVICE DEFINED.—In this section, ‘‘quali- to the extent that it represents the amount apply to deposits under this subsection. of any refund that was made to an employee fying District of Columbia service’’ means ‘‘(3) For the purpose of survivor annuities, any of the following: or Member during the period beginning on deposits authorized by this subsection may October 1, 1990, and ending on February 28, (1) Service performed by an individual as a also be made by a survivor of an employee or nonjudicial employee of the District of Co- 1991.’’. Member.’’. (b) APPLICABILITY.—The amendments made lumbia courts— (b) TECHNICAL AND CONFORMING AMEND- by subsection (a) shall be effective with re- (A) which was performed prior to the effec- MENTS.— spect to any annuity, entitlement to which tive date of the amendments made by section (1) DEFINITIONAL AMENDMENT.—Section is based on a separation from service occur- 11246(b) of the Balanced Budget Act of 1997; 8401(19)(C) of title 5, United States Code, is and ring on or after the date of enactment of this amended by striking ‘‘8411(f);’’ and inserting Act. (B) for which the individual did not ever ‘‘8411(f) or 8422(i);’’. receive credit under the provisions of sub- SEC. 113. COMPUTATION OF CERTAIN ANNUITIES (2) CREDITING OF DEPOSITS.—Section 8422(c) chapter III of chapter 83 or chapter 84 of title BASED ON PART-TIME SERVICE. of title 5, United States Code, is amended by 5, United States Code (other than by virtue (a) IN GENERAL.—Section 8339(p) of title 5, adding at the end the following: ‘‘Deposits of section 8331(1)(iv) of such title). United States Code, is amended by adding at made by an employee, Member, or survivor (2) Service performed by an individual as the end the following: also shall be credited to the Fund.’’. an employee of an entity of the District of ‘‘(3) In the administration of paragraph (3) SECTION HEADING.—(A) The heading for Columbia government whose functions were (1)— section 8422 of title 5, United States Code, is transferred to the Pretrial Services, Parole, ‘‘(A) subparagraph (A) of such paragraph amended to read as follows: Adult Supervision, and Offender Supervision shall apply with respect to service performed ‘‘§ 8422. Deductions from pay; contributions Trustee under section 11232 of the Balanced before, on, or after April 7, 1986; and for other service; deposits’’. Budget Act of 1997— ‘‘(B) subparagraph (B) of such paragraph— (B) The analysis for chapter 84 of title 5, (A) which was performed prior to the effec- ‘‘(i) shall apply with respect to that por- United States Code, is amended by striking tive date of the individual’s coverage as an tion of any annuity which is attributable to the item relating to section 8422 and insert- employee of the Federal Government under service performed on or after April 7, 1986; ing the following: section 11232(f) of such Act; and and (B) for which the individual did not ever ‘‘(ii) shall not apply with respect to that ‘‘8422. Deductions from pay; contributions receive credit under the provisions of sub- portion of any annuity which is attributable for other service; deposits.’’. chapter III of chapter 83 or chapter 84 of title to service performed before April 7, 1986.’’. (4) RESTORATION OF ANNUITY RIGHTS.—The 5, United States Code (other than by virtue (b) APPLICABILITY.—The amendment made last sentence of section 8424(a) of title 5, of section 8331(1)(iv) of such title). by subsection (a) shall be effective with re- United States Code, is amended by striking (3) Service performed by an individual as spect to any annuity, entitlement to which ‘‘based.’’ and inserting ‘‘based, until the em- an employee of the District of Columbia is based on a separation from service occur- ployee or Member is reemployed in the serv- Public Defender Service— ring on or after the date of enactment of this ice subject to this chapter.’’. (A) which was performed prior to the effec- Act. SEC. 116. RETIREMENT CREDIT FOR SERVICE OF tive date of the amendments made by section CERTAIN EMPLOYEES TRANS- SEC. 114. TREATMENT OF MEMBERS OF THE UNI- 7(e) of the District of Columbia Courts and FERRED FROM DISTRICT OF COLUM- FORMED SERVICES UNDER THE Justice Technical Corrections Act of 1998; BIA SERVICE TO FEDERAL SERVICE. THRIFT SAVINGS PLAN. and (a) RETIREMENT CREDIT.— (a) SENSE OF CONGRESS.—It is the sense of (B) for which the individual did not ever (1) IN GENERAL.—Any individual who is Congress that— receive credit under the provisions of sub- treated as an employee of the Federal Gov- (1) members of the uniformed services chapter III of chapter 83 or chapter 84 of title ernment for purposes of chapter 83 or chap- should have a retirement system that is at 5, United States Code (other than by virtue ter 84 of title 5, United States Code, on or least as generous as the one which is avail- of section 8331(1)(iv) of such title). after the date of enactment of this Act who able to Federal civilian employees; and (4) In the case of an individual who was an performed qualifying District of Columbia (2) Federal civilian employees receive employee of the District of Columbia Depart- service shall be entitled to have such service matching contributions from their employment of Corrections who was separated from included in calculating the individual’s cred- ing agencies for their contributions to the service as a result of the closing of the itable service under sections 8332 or 8411 of Thrift Savings Fund, but the costs of requir- Lorton Correctional Complex and who was title 5, United States Code, but only for pur- ing such a matching contribution from the appointed to a position with the Bureau of poses of the following provisions of such Department of Defense could be significant. Prisons, the District of Columbia courts, the title: (b) REPORTING REQUIREMENT.—Not later Pretrial Services, Parole, Adult Supervision, (A) Sections 8333 and 8410 (relating to eligi- than 180 days after the date of the enactment and Offender Supervision Trustee, the United bility for annuity). States Parole Commission, or the District of of this Act, the Secretary of Defense shall re- (B) Sections 8336 (other than subsections port to Congress on— Columbia Public Defender Service, service (d), (h), and (p) thereof) and 8412 (relating to performed by the individual as an employee (1) the cost to the Department of Defense immediate retirement). of providing a matching payment with re- of the District of Columbia Department of (C) Sections 8338 and 8413 (relating to de- Corrections— spect to contributions made to the Thrift ferred retirement). Savings Fund by members of the Armed (A) which was performed prior to the effec- (D) Sections 8336(d), 8336(h), 8336(p), and tive date of the individual’s coverage as an Forces; 8414 (relating to early retirement). (2) the effect that requiring such a match- employee of the Federal Government; and (E) Section 8341 and subchapter IV of chap- (B) for which the individual did not ever ing payment would have on recruitment and ter 84 (relating to survivor annuities). retention; and receive credit under the provisions of sub- (F) Section 8337 and subchapter V of chap- chapter III of chapter 83 or chapter 84 of title (3) any other information that the Sec- ter 84 (relating to disability benefits). retary of Defense considers appropriate. 5, United States Code (other than by virtue (2) TREATMENT OF DETENTION OFFICER SERV- of section 8331(1)(iv) of such title). SEC. 115. AUTHORITY TO DEPOSIT REFUNDS ICE AS LAW ENFORCEMENT OFFICER SERVICE.— UNDER FERS. Any portion of an individual’s qualifying (c) CERTIFICATION OF SERVICE.—The Office (a) DEPOSIT AUTHORITY.—Section 8422 of District of Columbia service which consisted of Personnel Management shall accept the title 5, United States Code, is amended by of service as a detention officer under sec- certification of the appropriate personnel of- adding at the end the following: tion 2604(2) of the District of Columbia Gov- ficial of the government of the District of ‘‘(i)(1) Each employee or Member who has ernment Comprehensive Merit Personnel Act Columbia or other independent employing received a refund of retirement deductions of 1978 (sec. 1–626.04(2), D.C. Official Code) entity concerning whether an individual per- under this or any other retirement system shall be treated as service as a law enforce- formed qualifying District of Columbia serv- established for employees of the Government ment officer under sections 8331(20) or ice and the length of the period of such serv- covering service for which such employee or 8401(17) of title 5, United States Code, for ice the individual performed.

VerDate Nov 24 2008 00:10 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.004 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4271 TITLE II—SPECIAL SURVIVOR INDEMNITY runs with very low cost and is a model servants, I am pleased to report that ALLOWANCE FOR SURVIVING SPOUSES for both the private sector and other this bill includes a provision of great OF ARMED FORCES MEMBERS governments. The bill we are consid- importance to the surviving spouses of SEC. 201. INCREASE IN MONTHLY AMOUNT OF ering today will strengthen and mod- servicemembers who have died as a re- SPECIAL SURVIVOR INDEMNITY AL- LOWANCE FOR WIDOWS AND WID- ernize the TSP. sult of service-connected conditions. OWERS OF DECEASED MEMBERS OF At the suggestion of the Federal Re- I want to thank Chairman TOWNS for THE ARMED FORCES AFFECTED BY tirement Thrift Investment Board, the his great assistance in making it pos- REQUIRED SURVIVOR BENEFIT bill provides for automatic enrollment sible to address this issue in this bill. PLAN ANNUITY OFFSET FOR DE- PENDENCY AND INDEMNITY COM- in TSP for new Federal civilian em- Members of the Committee on Armed PENSATION. ployees. Employees have the oppor- Services, which I am privileged to Section 1450(m)(2) of title 10, United States tunity to choose whether to enroll or chair, are very appreciative of the co- Code, is amended— not, but for those who do not make any operation that made the legislation (1) in subparagraph (B), by striking ‘‘$60’’ decision enrollment would be the de- possible, because it is unlikely that the and inserting ‘‘$95’’; fault. The decision on automatic en- funding required to support the change (2) in subparagraph (C), by striking ‘‘$70’’ rollment for members of the uniformed could have otherwise been found. and inserting ‘‘$105’’; services is at the discretion of the Sec- (3) in subparagraph (D), by striking ‘‘$80’’ I would also commend my colleague, and inserting ‘‘$120’’; retaries of the military departments. my friend, a member of the Armed (4) in subparagraph (E), by striking ‘‘$90; The bill would also provide a Roth Services Committee, Congressman SOL- and’’ and inserting ‘‘$130;’’ and contribution option for TSP. With a OMON ORTIZ, who has introduced legis- (5) by striking subparagraph (F) and insert- Roth option, employee contributions lation on the SBP offset and has been ing the following new subparagraphs: are made after taxes are deducted, and a great leader and advocate for the ‘‘(F) for months during fiscal year 2014, the employee does not pay taxes on the military families affected by this issue. $330; fund upon withdrawal. This option is The provision would increase the ‘‘(G) for months during fiscal year 2015, currently available in many private $335; and monthly special survivors indemnity sector retirement plans today. allowance beginning in fiscal year 2010 ‘‘(H) for months during fiscal year 2016 end- The bill also includes a provision to ing before the termination date specified in with a $35 increase, resulting in a paragraph (6), $345.’’. allow employees covered by the Fed- monthly payment of $95, and concludes eral Employees Retirement System to The SPEAKER pro tempore. Pursu- in fiscal year 2016 with a $245 increase, receive credit for unused sick leave to- ant to the rule, the gentleman from resulting in a monthly payment of $345. wards their retirement annuity, as is Although the improvements are sub- New York (Mr. TOWNS) and the gen- currently the case for employees cov- tleman from California (Mr. ISSA) each stantial and a welcomed addition for ered by the older Civil Service Retire- our surviving spouses, the proposal is will control 20 minutes. ment System. The committee also The Chair recognizes the gentleman an incremental change that falls short adopted amendments to make it easier from New York. of the ultimate objective to eliminate for former employees to reinstate their GENERAL LEAVE the offset of the Survivor Benefit Plan, retirement credits if they return to or SBP as it is called, by the amount of Mr. TOWNS. Mr. Speaker, I ask Federal service, and to work part-time unanimous consent that all Members Dependency and Indemnity Compensa- at the end of their career. tion, or DIC, received from the Depart- may have 5 legislative days within I want to recognize the Federal ment of Veterans Affairs. which to revise and extend their re- Workforce Subcommittee chairman, This so-called widow’s tax has long marks. Mr. LYNCH, who has worked really hard denied surviving family members the The SPEAKER pro tempore. Is there on this, and for his work on these full payment of their SBP benefits. I objection to the request of the gen- issues and the bill. I would also like to can assure our surviving spouses and tleman from New York? thank Representative NORTON, Rep- my colleagues on the Armed Services There was no objection. resentative VAN HOLLEN, and Rep- Committee that we will continue to ex- Mr. TOWNS. Mr. Speaker, I yield my- resentative CONNOLLY for their self such time as I may consume. thoughtful amendments that improve plore every opportunity to pursue leg- Today, I am pleased to bring to the the bill. islation that brings us closer to elimi- floor H.R. 1804, the Federal Retirement I would like to thank the Oversight nating the widow’s tax, just as we are Reform Act of 2009. The bill modernizes Committee ranking member, Mr. ISSA doing today, with the help of Chairman the Thrift Savings Plan, the retire- of California, for his amendments that TOWNS. H.R. 1804 provides a robust step ment savings plan for Federal employ- strengthen the legislation as it relates in that direction, and I encourage my ees. The legislation includes several to members of the uniformed services. colleagues to vote for it. other important retirement reforms for Thank you for your input. Mr. ISSA. Mr. Speaker, I would like Federal employees and members of the Finally, I would like to thank Chair- to thank Chairman SKELTON and Chair- Armed Forces. man SKELTON and the Armed Services man TOWNS for the hard work they put This bill enjoyed strong bipartisan Committee for their contribution to into this bill. I am here today to say support in the last Congress when it this bill that will provide better finan- this is a good bill on the front end. I passed the House as H.R. 1108. Two cial protection to the families of our am sad to say this is a bad bill on the weeks ago, the Oversight and Govern- military men and women. I urge my back end. ment Reform Committee again consid- colleagues to support this legislation. What this bill does, which was ered and reported favorably the current I reserve the balance of my time. worked out on a very bipartisan basis language of this bill. I am pleased that Mr. ISSA. I reserve the balance of my with all speaking here today, is in fact the bill makes further progress in end- time. it does recognize that modern retire- ing the military family tax which un- Mr. TOWNS. I recognize the gen- ment plans should have as many op- fairly penalizes the survivors of those tleman from Missouri (Mr. SKELTON) tions as possible, and certainly adding who died in service or as a result of for 3 minutes, the person who has the Roth IRA option for some Federal their service-connected injuries. worked really hard on this and has workers is extremely good. As Chairman SKELTON will explain, done a fantastic job. And of course, Additionally, the advantages for the this bill increases the monthly when it comes to the military and mili- military and military commanders to amounts paid to surviving spouses who tary personnel, he is always there be able to look at their individual are denied the full amount of their an- doing the right thing. needs of their services and allow for nuity under the Survivor Benefit Plan. Mr. SKELTON. First, I thank the different opting in and out patterns of Our enhancement to the TSP program gentleman from New York (Mr. TOWNS) course makes sense, and I appreciate also will benefit military members and for yielding. I rise in strong support of Chairman TOWNS’ willingness to work their families. his bill, H.R. 1804, and I thank him for on that fix during the markup. The Federal Employee Thrift Savings his partnership on this bill. The majority in our committee and Plan is one of the best retirement sav- In addition to the many good things the minority in our committee found ings programs in the Nation. The plan this legislation does for Federal civil this to be a very bipartisan issue to

VerDate Nov 24 2008 00:10 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.004 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4272 CONGRESSIONAL RECORD — HOUSE April 1, 2009 work on, and I appreciate the fact that that includes enhancements to the And I am submitting an additional this is good for the troops and on paper Thrift Savings Plan as well as to other clarification to that effect as part of saves money. However, I have to say, Federal retirement programs. And I do the RECORD. the back end of this bill, sponsored by so because I am in agreement with Mr. Speaker, I would like to expand on a Members of the majority not speaking both of those gentlemen that the TSP’s provision contained in H.R. 1804, the ‘‘Federal yet here today, is nothing but a piggy offerings to Federal employees must fi- Retirement Reform Act of 2009,’’ which makes bank for other projects, for special in- nally be allowed to catch up to private improvements to the Thrift Savings Plan (TSP) terest projects. sector 401(k) plans. and to the federal retirement programs. By The fact that this is a tobacco bill Given the Thrift Savings Plan’s inte- amending the Federal Employees Retirement begs the question of: If we were to free gral role in providing retirement in- System (FERS) to credit unused sick leave for up 2 or 3 or more billion dollars from a come security for Federal employees, retirement purposes, the measure will mod- military budget in outlying years, why it is time for Congress to adopt and ex- estly increase certain federal employees’ re- would this be a reason, when we have tend the auto enrollment plan to TSP tirement benefits. Thus, this bill will result in trillions of dollars of deficits, to spend participants. This legislation would additional benefits, though small, from the Civil money? I think the majority knows it allow the Thrift Savings Plan to offer a Service Retirement and Disability Trust Fund is not. Roth option. And both sides have (CSRDF). However, on behalf of the National In fact, the idea that you on paper talked about the impact of that. Active and Retired Federal Employees Asso- save money by members of the govern- I think it is important to point out ciation (NARFE), I want to make it clear that ment opting out of pre-tax contribu- that by having Federal employees this new obligation does not result in an ‘‘un- tions in favor of the Roth IRA post-tax using this Roth option, it is calculated funded obligation’’ of the CSRDF as current contribution and thus creating addi- that we will bring in approximately law expressly provides that new payments tional tax revenue, at a time when we $2.2 billion in new taxes, new tax reve- from the CSRDF are fully funded. Since the have a deficit at the highest in our his- nues from Federal contributions from creation of FERS in the 1980’s, Section 8348f tory, says not one penny ever saved Federal employees over the next 10 of Title 5 of the United States Code has en- will in fact go to deficit reduction years. sured the integrity of the CSRDF by automati- under this majority. b 1230 cally setting-aside funds to cover the cost of So, will I vote for this bill? Of course, any new benefits. Additionally, H.R. 1804 re- I will. It does a lot of good things for This bill, unlike a lot of other bills sults in sufficient savings to cover the cost of our Federal workers. The fact, though, on this floor, basically pays for itself. this modest benefit increase under FERS. that the provision for family smoking Mr. Speaker, in my role as chairman Mr. ISSA. Mr. Speaker, I yield myself prevention is not funded through the of the Federal Workforce, Postal Serv- such time as I may consume. ordinary course of revenue but rather ice, and the District of Columbia Sub- Mr. Speaker, once again, I have to through this scheme that, depending committee, I believe that the Federal say it is not the front end of this bill upon how many workers choose Roth Government must ensure that its bene- that anyone should object to. The part IRAs, may or may not produce the fits allow it to retain and recruit the we are seeing here today is excellent. money that is about to be spent, I find best and the brightest. Toward that But as Chairman LYNCH said, and said wrong and I find misguided. end, I authored H.R. 1263, legislation quite rightfully, it is calculated that As the chairman said, there were a that would make improvements to the this piece of legislation will save net number of things we did for the mili- TSP, as well as to the Federal retire- approximately $2.2 billion for better or tary. There is more that we should do. ment programs. I have been pleased to worse on the backs of our retirees. Only the U.S. military is eligible for work with both Chairman TOWNS and It is a short-term savings, Mr. Speak- TSP but receives no match. former Chairman WAXMAN on the issue, er. It is not, in fact, a long-term sav- It is very clear that, in a modern as well as my friend and colleague, JIM ings. Any time you do collect money military, one in which only about one MORAN from Virginia. now but don’t collect it later, it is in four serve until retirement on active This bill facilitates amending the going to eventually catch up. So for duty, the TSP is all the military takes Federal Employees Retirement System the short period of time in which this with them when they leave. That fa- to provide employees with retirement $2.2 billion is generated, it certainly mous 20-year retirement does not vest credit for unused sick leave. Federal would have been appropriate for all of in 5 years the way it does with the ma- executives, managers and employees us to be able to use this money in the jority and the minority, all of us as have called for crediting unused sick committee for the Federal workforce. Members of Congress; in fact, it takes leave in the same way that the Civil And the part that upsets me is that we 181⁄2 years to lock in a military retire- Service Retirement System treats un- are neither returning it to the tax- ment and 20 years to appreciate it. used sick leave. payers in the form of less deficit, nor Clearly, the military does not enjoy Additionally, this legislation fixes a are we using it for structural changes what we in Congress enjoy, which is CSRS annuity calculation problem for for the Federal workforce, whether uni- TSP, with a match, and a 5-year vest- those employees who wish to phase form military or civilian. That is the ing schedule so that we can take our down to part-time work at the end of only problem. retirement plan with us whenever we their Federal careers. That is an im- Again, what this bill does, it does leave, in as few years as 5. portant option given the aging demo- well. What this bill eventually does is, I do once again thank all the Mem- graphics of our Federal workforce. in fact, fund a pet project of the former bers on both sides of the aisle that At a time of an overall aging work- chairman, Mr. WAXMAN, for tobacco worked hard on the front ends of this force in America, and a particularly programs, something that has cer- bill. I believe it has merit and should aging Federal workforce, the govern- tainly been funded very well, funded on be positively received and voted for. ment as an employer must take the the backs of plenty of other programs. I reserve the balance of my time. lead in addressing these workplace re- Candidly, I don’t believe that this is Mr. TOWNS. Mr. Speaker, I recognize alities. the best use of the money at a time we one of the hardest working Members in I conclude my remarks by stating are running trillions in deficits. this body, the chairman of the Federal that I give my full support to these I reserve the balance of my time. Workforce Subcommittee, STEPHEN civil service provisions. On behalf of Mr. TOWNS. Mr. Speaker, I yield 2 LYNCH, for 3 minutes. the National Active and Retired Fed- minutes to the chairman of the Readi- Mr. LYNCH. I thank the gentleman eral Employees Association, NARFE, I ness Subcommittee on Armed Services, for his kind words. would also like to make it clear that the gentleman from Texas, Mr. SOL- Mr. Speaker, I rise in support of both this new obligation—this is very im- OMON ORTIZ. Chairman TOWNS, the gentleman from portant—this new obligation does not Mr. ORTIZ. Chairmen TOWNS, SKEL- Brooklyn, and also Mr. SKELTON from result in an ‘‘unfunded obligation’’ for TON and HENRY BROWN, thank you so Missouri in their endorsement of H.R. the Civil Service Retirement and Dis- much for bringing this bill to the floor. 1804, their sponsorship as well. This is ability Fund as current law provides I rise in support of the bill before us the Federal Retirement Reform Act that new payments are fully funded. today.

VerDate Nov 24 2008 00:10 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.039 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4273 Today, the Congress takes another our effort. However, I do believe that security for Federal employees. It important step toward providing sur- more needs to be done, and I intend to helps ensure we will not face a brain viving spouses of military servicemem- keep searching for opportunities to drain that could cripple Federal agen- bers relief by addressing a long-stand- make improvements with the hope that cies. Within the next decade 47 percent ing problem in our military survivors someday we can find a permanent solu- of supervisory staff in the Federal benefit system called the widow’s tax. tion. workforce will be eligible for retire- Like most matters that involve Fed- I want to thank Chairman TOWNS for ment. We must take action to ensure eral payments, this is a complex yet sponsoring a bill that provides so many that Federal agencies continue to have pivotal matter of importance to the benefits to our civilian and military the institutional knowledge and exper- survivors of our servicemembers. Es- workforce, and Mr. ORTIZ for his lead- tise that allows government to func- sentially, if servicemembers purchase a ership on the SBP/DIC issue. I urge my tion smoothly and effectively. survivor’s benefit plan for their loved colleagues to vote in favor of H.R. 1804. The Federal Retirement Reform Act ones, the survivor receives a portion of Mr. ISSA. Mr. Speaker, I yield myself of 2009 makes several legislative re- the servicemember’s retired pay upon such time as I may consume. forms. This legislation enables mem- his or her death. If that servicemember Mr. Speaker, I continue to urge my bers of the civil service and the Federal dies of a service-connected cause, the colleagues to vote for this bill because Employees Retirement Service to rede- survivor is also entitled to compensa- of all the good things it does. I also posit their cashed-out annuities if they tion from the VA. urge my colleagues to continue to look decide to re-enter civil service. The However, per current law, the sur- at what we owe our Federal workforce, committee adopted my amendment to vivor benefit payment is decreased by and particularly as previous speakers H.R. 1256 by adding this language the amount of the VA payment dollar have said, our uniform men and which is contained in the bipartisan for dollar, and that’s the amount the women. Men and women in uniform FERS Redeposit Act. survivor will get, not the full amount enter the service voluntarily. Four I am pleased that we now have the of both entitlements. years, 6 years, 8 years later, they often opportunity to enact this legislation This affects approximately 59,000 wid- leave. As a matter of fact, with the up- that will attract talented employees ows. For too long, the offset between or-out program, many of them are not back to the Federal Government. We the two programs has done precisely promoted and must leave. Therefore, should be consistent with all of our the opposite of what they are intended they leave the military service with Federal workers. Employees in the to do, protect the surviving loved ones. less than 20 years. Therefore, they have Civil Service Retirement System can The survivors of those who defend nothing. They have their GI Bill, but already redeposit their annuities. Al- our country deserve our very best. Con- they have no retirement. lowing FERS employees to do the same gress addressed the unfairness of the Only, only in the Federal uniform is only fair. This bill also ensures that offset in the Fiscal Year 2008 Defense services do we treat people that way. FERS employees receive annuity cred- Authorization Act by creating a special The President served 1 day, and he was it for unused sick leave, just as CSRS monthly survivor allowance for de- eligible for his lifetime benefit. I don’t employees do. Again, it is an issue of pendents subject to the offset. begrudge the President hundreds of equity to provide those employees with I am pleased that this bill considered thousands of dollars a year for the rest the same benefits. This reform will im- today builds upon those efforts by proof his life or any of the previous Presi- prove the efficiency of the Federal viding a substantial increase in the dents. But it is amazing to me that the Government by reducing absenteeism. monthly payment to spouses from the President vests as soon as he is sworn In addition, the bill will enable em- survivor allowance. Although there is in. Members of Congress fully vest ployees in the Civil Service Retirement still much work to be done, this bill is after just 5 years; and yet, we are look- System to work part-time at the end of an important step towards the coming at our men and women in uniform their careers without losing retirement plete elimination of the offset and re- being shot at, being injured, often benefits. This provision will help retain flects our bipartisan desire to provide being forced into early retirement or talented workers and assist in training for surviving dependents of military early leaving of the service with 10 or future supervisors and executive-level servicemen and -women. 20 or 30 percent disability, just enough staff. And I want to thank all those in- they can’t really do the job they came I applaud the distinguished chair- volved in bringing this bill to the floor. in to do, but not enough to get, if you man, Mr. TOWNS, for shepherding this I support it, and I urge my colleagues will, a handsome retirement. They important legislation through com- to support this bill. then enter the workforce later in life, mittee and look forward to its passage Mr. ISSA. Mr. Speaker, I reserve the and they enter with instead of a head to help ensure a vibrant Federal work- remainder of my time. start, with an impairment. force for years to come. Mr. TOWNS. Mr. Speaker, I yield 1 This $2.2 billion was only about one- Mr. ISSA. Mr. Speaker, it is my dis- minute to the gentlewoman from Cali- tenth of what it would have taken to tinct pleasure to yield 2 minutes to the fornia (Mrs. DAVIS), the chairwoman of provide matching TSP funds for our ranking member of the Subcommittee the Military Personnel Subcommittee. men and women in uniform. Certainly, on the Workforce, Mr. CHAFFETZ of Mrs. DAVIS of California. Mr. Speak- it is even a fraction of what it would Utah. er, I rise in support of H.R. 1804. Earlier take to give them a defined benefit Mr. CHAFFETZ. Mr. Speaker, the this year, spouses of servicemembers plan, even close to what we here in gentleman from Virginia (Mr. from current and past wars stood up Congress get. But certainly, as we pass CONNOLLY) just indicated his support of during a Military Personnel Sub- this piece of legislation today as a this bill. I have a brief question. I committee hearing to share their sto- downpayment for reform, we need to would like to yield some time to him. ries about how the SBP/DIC offset has begin looking at what it is going to He was quoted in the Washington Post impacted their lives. Their stories, I take to provide our men and women in as saying, ‘‘We need to reverse the can assure you, were compelling and uniform equal justice with the rest of Bush economic policies by balancing demonstrated why the goal of elimi- the Federal workforce. the budget.’’ My question to him is nating this offset is so important. I reserve the balance of my time. does he intend to support the Presi- While the enhancement of the Mr. TOWNS. Mr. Speaker, I yield 2 dent’s budget today which would dou- monthly benefits under the Special minutes to Congressman CONNOLLY ble the national debt? Survivor Indemnity Allowance pro- from the great State of Virginia. I yield time to the gentleman from vided in this bill does not end the so- Mr. CONNOLLY of Virginia. I thank Virginia. called widow’s tax, it is a strong step the distinguished chairman. Mr. CONNOLLY of Virginia. I would in the right direction. We have done Mr. Speaker, I rise today in support say to my good friend in response, the best we could with this bill given of the Federal Retirement Reform Act when the budget comes to the floor the resources available, and strong sup- of 2009. This legislation eliminates in- this afternoon, I would be glad to talk port for H.R. 1804 from the military as- consistencies in the Federal retirement about that subject. Right now we are sociations has confirmed the value of system and provides greater retirement talking about Federal employees and

VerDate Nov 24 2008 00:10 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.041 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4274 CONGRESSIONAL RECORD — HOUSE April 1, 2009 trying to make sure that they have proud to sponsor that are included, the trict of Columbia employees who were what they need. FERS Redeposit bill, the Part-Time involuntarily transferred to the Fed- Mr. CHAFFETZ. Reclaiming my Compensation, and the Parity For Re- eral Government pursuant to the Revi- time, Mr. Speaker, my question for the tirement Systems. I want to mention a talization Act and, in the process, gentleman from Virginia, I wonder if word about the parity for retirement somehow, by an error of government, the gentleman from the State of Vir- systems. not an error of their own, they have ginia knows that this Democratic At a time when those who are in the lost retirement years. Not money, just budget raises taxes by $1.2 trillion or Federal Employee Retirement System years. Some of them are working when that it makes each American’s share of are seeing their Thrift Savings Plans they could have retired 10 years ago. the national debt $70,000. Or that it tank by 30, sometimes 40 percent, it’s This bill simply restores the years, opens the door to a national energy tax particularly important that they be gives them credit for the years so that, that will cost every family at least fully compensated for unused sick in their transfer from the District of $3,128 a year. leave. The reality is that, in the earlier Columbia to the Federal Government, Mr. Speaker, I would like to yield retirement system, the so-called CSRS they haven’t lost all of those years of some time to the gentleman from Vir- system, Federal employees are fully service. They have to start over again ginia to respond. compensated for all unused sick leave as if just entering the Federal Govern- Mr. CONNOLLY of Virginia. Well, as at the end of their careers. But under ment. No one intended that. a member of the Budget Committee, the FERS system, if they don’t use And because you, Mr. Chairman, and I’m very aware of the fact that actu- that sick leave, they lose it. And so the the ranking member have understood ally tax cuts for middle class families Government loses $68 million in pro- this bill, which has been in the Con- in this budget exceed $2 trillion. And ductivity from those employees who gress for some time, we come forward again, that will be made clear when we take their sick leave at the very end of now to correct this mistake. Some of have the opportunity to debate the their careers. That’s not an intelligent them will retire, some of them will budget on the floor of the House. I plan, and the fact is that this bill cor- stay on, but all of them will have all of thought the gentleman wanted me to rects that disparity. their years in public service credited to answer his question. The entire bill should be passed, and them. I thank you both. Mr. TOWNS. Mr. Speaker, I yield 1 I hope we’ll have bipartisan support for Mr. TOWNS. Does the gentleman minute to Congresswoman CAROL it. And I thank Mr. LYNCH for his lead- have any further speakers? SHEA-PORTER from New Hampshire. ership on behalf of Federal employees. Mr. ISSA. I’ll do a very short close, if Ms. SHEA-PORTER. Mr. Speaker, I Mr. TOWNS. I would like to recog- you want to reserve your time to close. rise today in support of the Federal Re- nize the gentleman from Virginia, Mr. TOWNS. I’d like to reserve the tirement Reform Act which contains a GLENN NYE, for 1 minute. time to close. much-needed provision to increase the Mr. NYE. Mr. Speaker, the men and Mr. ISSA. Mr. Speaker, I yield myself special survivor indemnity allowance women who sign up to serve our coun- such time as I may consume. for widows or widowers of deceased try in uniform do so knowing they may Once again, in closing, this is a good servicemembers. not return home, and with the expecta- bill. As the previous speakers have When our servicemembers purchase a tion that, if the unthinkable should said, we were able to fix a number of survivor benefit plan to protect their happen, their loved ones will be cared ills, including what was mentioned by families, they expect their families to for. the gentlelady from the District of Co- receive the full annuity they paid for. However, because of the so-called lumbia. Unfortunately, if the surviving spouse ‘‘widow’s tax,’’ survivor benefits paid What I’m sad about is that we didn’t is eligible for VA dependency and infor by the VA are subtracted from ben- begin to make a down payment on demnity compensation because of a efits paid by the Department of De- some other important areas; certainly, spouse’s service-related death, the sur- fense, meaning that families receive most among them, our uniform serv- vivor benefit annuity is reduced dollar less than they should. For families of ices. We took the benefit of putting for dollar. This is not fair. servicemembers killed in Iraq and Af- military personnel on to a Roth IRA The DIC is meant to compensate sur- ghanistan, this sudden loss of income without looking into whether we could vivors for the servicemember’s death in adds an unnecessary burden to the do something for them. service. Why would we penalize those tragedy of losing a loved one. Mr. Speaker, there’s no question in servicemembers who have the foresight The widow’s tax also strikes the fam- this body that our men and women in to purchase insurance for their fami- ilies of older veterans. Often the uniform that are not able to retire in lies? spouses of seriously disabled veterans 20 years will leave the military only Our military, and their families, give up their own careers in order to with whatever they happen to put into make many sacrifices to serve and pro- act as caregivers. And when these vet- their Thrift Savings Plan. They’re ba- tect our Nation. We owe them the ben- erans pass away, the reduced benefit is sically finding themselves encouraged efits they earned for their service, and not enough for their widows to make to save on what is one of the smallest we most certainly owe them the insur- ends meet. salaries that anyone could imagine for ance they purchased. They should not With this bill we will take a strong a particular private, corporal or ser- have to worry about their families if step toward righting this wrong by in- geant. And yet, we will not even make they die. This is no way to treat those creasing the payments to survivors. the 3 percent match we make for our- who are willing to put their lives on This is the least we can do for our serv- selves here in Congress. the line for us, and this is no way to icemembers, our veterans and their So I certainly would hope that, in the treat their families. families, and it’s the right thing to do foreseeable future, this Congress, on a This bill takes another step toward as a country. bipartisan basis, as we’re doing here eliminating this unfair widow’s tax I urge my colleagues to support this today, can see fit to make a bipartisan that in effect punishes the families of bill. down payment for our men and women those who sacrificed their lives for this Mr. TOWNS. At this time I yield 11⁄2 in uniform to allow their Thrift Sav- country. minutes to the Congresswoman from ings Plan to have at least some match, Mr. ISSA. I continue to reserve the Washington, D.C., Ms. ELEANOR which today it doesn’t have, and leaves balance of my time. HOLMES NORTON. them often with no retirement when Ms. NORTON. I want to thank the they leave the military. b 1245 chairman and the ranking member for With that, I want to thank the chair- Mr. TOWNS. I recognize the gen- bringing forth this very important set man for the markup on this bill, which tleman from Virginia (Mr. MORAN) for 1 of bills that benefit Federal employees. was done in a very cordial fashion, pre- minute. One that perhaps has not been spoken agreed and worked out so that it could Mr. MORAN of Virginia. Mr. Speak- to I’ll speak to now. It’s the Employ- be done efficiently and we could get er, I rise in support of this bill and, ees’ Equity Act, which restores cred- the best possible bill to the floor. particularly, for three bills that I was ible service or retirement years to Dis- I yield back.

VerDate Nov 24 2008 04:56 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.043 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4275 Mr. TOWNS. How much time reconsidered the last step towards equity. By in- nancial assistance on or after Sep- mains? creasing payments by $35 beginning in 2010, tember 1, 2008, as amended. The SPEAKER pro tempore. The gen- surviving spouses will receive a monthly pay- The Clerk read the title of the bill. tleman has 11⁄4 minutes remaining. ment of $95 and will continue to receive in- The text of the bill is as follows: Mr. TOWNS. Let me begin by first creased payments until fiscal year 2016 with a H.R. 1575 thanking the gentleman from Cali- $245 increase resulting in a monthly payment Be it enacted by the Senate and House of Rep- fornia (Mr. ISSA) for his input. Let me of $345. It’s the least we can do; we need to resentatives of the United States of America in thank the staff for all their input. I’d repeal the offset. Congress assembled, like to thank Congressman SKELTON. Finally, I want to thank the veterans service SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘End the And of course I’d like to thank Con- organizations, particularly the Gold Star Wives Government Reimbursement of Excessive gressman LYNCH for all the work of America, and Representative SOLOMON Executive Disbursements (End the GREED) they’ve done to make this bill better. ORTIZ, for their hard work towards equity for Act’’. I’d like to reiterate my strong sup- surviving spouses. While I’ve sponsored a bill SEC. 2. CIVIL ACTION TO AVOID FRAUDULENT port for H.R. 1804. It will provide much- to repeal the SBP/DIC offset since my first TRANSFER. needed enhancements to the Thrift term in Congress, even such small steps as The Attorney General, after consultation Savings Plan and to the Federal Gov- the one we took today wouldn’t be possible with the Secretary of the Treasury, may ernment’s retirement system. commence a civil action in an appropriate without their help. district court of the United States to avoid I urge all of my colleagues to join in Ms. BORDALLO. Mr. Speaker, I rise today any transfer of compensation by (or on be- supporting the passage of this measure in support of the passage of H.R. 1804, the half of) a recipient entity to (or for the ben- and, of course, because I think it will Federal Retirement Reform Act of 2009 in the efit of) an officer, director or employee made do so much for the servicemen and, of House of Representatives. The passage of on or after September 1, 2008 (and to avoid course, the widows of servicemen. And this bill in the House marks an important step the obligation pursuant to which such trans- I think that we owe them that. towards reducing the ‘‘widow’s tax’’ that cur- fer occurred, to the extent of such transfer), and to recover such compensation (wherever And this legislation is not perfect, rently denies surviving family members the full but it’s a giant step in the right direc- located) for the benefit of such entity, to the payment of their Survivor Benefit Plan (SBP). extent such entity received less than a rea- tion. So I’m hoping that my colleagues If enacted, Title II of H.R. 1804 would in- sonably equivalent value in exchange for will support this legislation. And let’s crease the monthly payments under the Spe- such compensation and such entity— move it very quickly through the cial Survivor Indemnity Allowance to surviving (1) was insolvent on the date that such House, and let’s get it to the Presi- spouses or former spouses of deceased serv- compensation was transferred, not taking dent’s desk for him to be able to sign ice members who were denied the full amount into account any covered direct capital in- it. of their annuity under the SBP due to an offset vestment received by such entity on or after September 1, 2008, or Thank you so much for the support requirement by the Dependency and Indem- that we’ve gotten from everyone. (2) was engaged in business or a trans- nity Compensation (DIC) from the Department action, or was about to engage in business or Mr. BROWN of South Carolina. Mr. Speak- of Veterans Affairs (VA). This benefit will help a transaction, for which property remaining er, I rise today in support of Title II of H.R. thousands of military widows and more than a in the recipient entity was an unreasonably 1804, the Federal Retirement Reform Act. million current servicemembers and federal ci- small capital, not taking into account any Congressman TOWNS is to be commended for vilian employees. such covered direct capital investment. Pursuant to the authority provided in this taking up the cause that Congressman ORTIZ I commend Representative IKE SKELTON of section, the Attorney General may avoid any and I, along with many others, have cham- Missouri and Chairman of the House Armed pioned with H.R. 775, The Military Surviving such transfer in the manner described in this Services Committee as well as Representative section, or may avoid any such transfer to Spouses Equity Act. While this bill doesn’t re- ED TOWNS of New York and Chairman of the the full extent that such transfer is avoid- peal the widows’ tax imposed by the offset of House Committee on Oversight and Govern- able under applicable law by or on behalf of Survivor Benefit Plans by Dependency and In- ment Reform for their working together to any creditor holding an unsecured claim demnity Compensation, it helps military sur- strike a compromise on this important provi- against such entity. vivors during a difficult time for all of us. sion in H.R. 1804. I will continue to work with SEC. 3. SUBPOENA AUTHORITY. When Congress established the Military my colleagues on the House Armed Services The Attorney General may, after consultation with the Secretary of the Treasury, Survivors’ Benefit Plan, or SBP, in 1972, they Committee to find ways to reduce the burden did so in order to give members of the military issue a subpoena requiring the attendance on widows of our nation’s servicemembers. and testimony of witnesses and the produc- a sense of security about their spouses in the The compromise struck in this legislation is a tion of documentary evidence relevant to event of their death. The plan is voluntary, can major step forward and we need to continue to possible avoidance of any transfer of com- be purchased by retirees or will be provided to find ways to ensure that the servicemembers’ pensation under section 2, including evidence survivors of active duty servicemembers who widows receiving the full and fair annuity to regarding the circumstances surrounding are killed in the line of duty. Through the SBP which they are entitled under the SBP. any compensation arrangement or transfer that was bought, spouses and children can re- Mr. TOWNS. I yield back the balance of compensation involved, which subpoena, ceive up to 55% of the servicemembers’ re- of my time. in the case of contumacy or refusal to obey, tired pay. While SBP is an annuity, survivors shall be enforceable by order of an appro- The SPEAKER pro tempore. The priate district court of the United States. of military retirees and veterans may also re- question is on the motion offered by SEC. 4. DEFINITIONS. ceive Dependency and Indemnity Compensa- the gentleman from New York (Mr. For purposes of this Act— tion (DIC) if their spouse died a service con- TOWNS) that the House suspend the (1) the term ‘‘covered direct capital invest- nected death. Under current law, widows are rules and pass the bill, H.R. 1804. ment’’ means a direct capital investment re- forfeiting, dollar-for-dollar, the SBP annuity The question was taken; and (two- ceived under the Troubled Assets Relief Pro- their spouse paid for by the amount of the DIC thirds being in the affirmative) the gram or, with respect to the Federal Na- benefit. rules were suspended and the bill was tional Mortgage Association, the Federal It’s simply wrong, and unfair to our military passed. Home Loan Mortgage Corporation, or a Fed- surviving spouses who were tasked with sup- eral home loan bank, under the amendments A motion to reconsider was laid on made by section 1117 of the Housing and Eco- porting their spouses during the most difficult the table. nomic Recovery Act of 2008, of war times and peace times, to take away f (2) the term ‘‘officer, director, or em- that which was intentionally paid for because END GOVERNMENT REIMBURSE- ployee’’ includes— of a benefit intended to serve another pur- (A) an officer, director, or employee of a pose. We don’t do this with private life-insur- MENT OF EXCESSIVE EXECUTIVE recipient entity, and ance, we don’t do it with the federal survivor DISBURSEMENTS (END THE (B) an officer, director, or employee of a benefit, and we shouldn’t do it to the families GREED) ACT subsidiary of a recipient entity, of those who paid the greatest cost for free- Mr. CONYERS. Mr. Speaker, I move (3) the term ‘‘compensation arrangement’’ to suspend the rules and pass the bill means an arrangement that provides for the dom. payment of compensation (including per- This bill, while it doesn’t repeal the offset of (H.R. 1575) to petition the courts to formance or incentive compensation, a bonus SBP annuities by the DIC benefit, will be a avoid fraudulent transfers of excessive of any kind, or any other financial return de- needed help for widows, widowers and their compensation made by entities that signed to replace or enhance incentive, children. However, I hope that it will not be have received extraordinary Federal fi- stock, or other compensation), and

VerDate Nov 24 2008 03:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.046 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4276 CONGRESSIONAL RECORD — HOUSE April 1, 2009 (4) the term ‘‘recipient entity’’ means a spond to the bonuses paid to AIG ex- In the end, New York Attorney Gen- person (including any subsidiary of such per- ecutives, some in the majority have, eral Cuomo expects to force the return son) that on or after September 1, 2008, is once again, let expediency override of all bonuses that went to domestic holding (or has the direct benefit of) a cov- common sense. The Judiciary Com- recipients. He apparently is not as con- ered direct capital investment that exceeds $5,000,000,000 outstanding. mittee has held no hearings, heard no fident about his ability to recoup pay- expert witnesses, and provided no rea- ments overseas. I am confident, how- The SPEAKER pro tempore. Pursu- soned evaluation of this bill during the ever, that if Mr. Cuomo needs addi- ant to the rule, the gentleman from normal legislative process. Instead, the tional authority to recoup overseas Michigan (Mr. CONYERS) and the gen- bill went directly to full committee payments, the New York legislature is tleman from Texas (Mr. SMITH) each markup within hours of its introduc- competent to pass legislation through will control 20 minutes. regular order to give him just that au- The Chair recognizes the gentleman tion. After markup, it was substan- thority. from Michigan. tially rewritten behind closed doors. Now it has been rewritten in the dark, Meanwhile, we cannot say with any GENERAL LEAVE confidence that this bill will permit us Mr. CONYERS. Mr. Speaker, I ask once again, and has been sent pre- maturely to the floor. to recoup anything beyond what Attor- unanimous consent for all Members to ney General Cuomo has already recov- have 5 legislative days to revise their In the last few weeks, Congress has learned the hard way about the unin- ered or may be able to recover. This remarks and include extraneous mate- bill, accordingly, may be utterly use- rial on the bill under consideration. tended consequences of rushing to legislate without adequate expert testi- less. The SPEAKER pro tempore. Is there The AIG bonuses may have been un- objection to the request of the gen- mony or debate. The results this time could be more costly than any of us wise, but what was fraudulent about tleman from Michigan? them when Congress and the President There was no objection. would want. President Obama, Secretary specifically ratified them? Mr. CONYERS. I yield myself as The retribution this bill threatens Geithner, leading financial institu- much time as I may consume. rests on anger, not on sound policy. It tions, and even the Washington Post, Members of the House, this is a mod- will undoubtedly undermine the Fed- have already sounded the alarm. Con- est effort to safeguard taxpayer funds eral Government’s ability to recruit gress’ haste to rewrite contracts, and rein in the out-of-control com- bank rescue participants, so this bill claiming that payments under the con- pensation and bonus abuses by compa- will hinder a successful economic re- tracts were ‘‘fraudulent conveyances,’’ nies that have used Federal Govern- covery rather than contribute to it. ment-supplied capital to stay out of as this bill attempts to do, could scare Finally, the House just passed H.R. bankruptcy. banks and other institutions away 1586. We do not need to take follow-up Essentially, the two main provisions from the government’s financial rescue action, and we certainly do not need to in it are first, it supplements existing programs. take it in haste or to overreact. We fraud laws to allow the Attorney Gen- b 1300 should not compromise on our duty to eral to use the courts to challenge, on the American people by rushing out a case-by-case basis, the most egre- Keenly aware of this, President Obama has urged us to act intel- this hasty, ill-considered and unneces- gious bonuses by entities receiving sary bill. I fully expect there will be bi- more than $5 billion in direct capital ligently, not out of anger, but to pass this bill would be to do the opposite of partisan opposition to this legislation. investments. This measure is directly Mr. Speaker, I reserve the balance of what President Obama has said that he based on fraudulent transfer laws that my time. are in the United States Code, codified, wants. Mr. CONYERS. I am pleased to recog- or a matter of common law in every Early last week, Secretary Geithner nize the chairman of the subcommittee State that goes back to Elizabethan finally announced a toxic assets relief from which this measure came, Mr. program, relying heavily on private times, if anyone would care to research COHEN of Tennessee, for as much time that. participation. The markets responded as he may consume. Secondly, we authorize the Attorney by rallying strongly for the first time Mr. COHEN. Mr. Speaker, I want to General to subpoena necessary infor- in months. Why would we scare private thank Chairman CONYERS for the time mation relevant to the bonuses. But, institutions away now just when we and for being the lead sponsor on this unlike other measures, this act applies need them the most? important legislation. I greatly respect to bonuses made as far back as the fall Bonuses like AIG’s may seem unwise my colleague from Texas, the ranking of 2008, so that it could apply to year- and unfair, but to companies receiving member, but I would have to disagree end bonuses made by AIG and Merrill them and courts reviewing them, are with his perspectives on the bill. Lynch. And so it also can be applied to they really fraudulent? First of all, it does not rewrite con- foreigners, since we found out that a Our efforts to void legal contracts tracts whatsoever. It just gives a court majority of AIG bonuses, as deter- make the prospect of working with the the opportunity in a contested hearing, mined by Attorney General Cuomo, government look like a walk through a with the United States on one side and were not received by Americans, and minefield. Remember, it was the cur- the recipient of what is alleged fraudu- that, for some reason, foreign individ- rent administration that urged con- lent transfer or excessive compensa- uals appear less likely to return their gressional Democrats to protect AIG’s tion or bonus on the other side, to bonuses voluntarily. right to pay these bonuses through the argue whether that compensation was So, this is a very important com- stimulus bill. Congressional Democrats a fraudulent transfer and was excessive plement to everything else that’s going willingly complied. House Democrats and was beyond what would be dictated on. And later on I’ll introduce records passed a bill without even reading it in the economic conditions and times for those constitutional Members of and without any House Republican that the payment was made. the body that want to be assured that even supporting it. Then President I think that is the American way to this is a constitutional matter. We Obama signed it. have issues such as this determined be- have Laurence Tribe and three other How could bonuses that Congress and fore a neutral and detached magistrate professors who have analysis of the the President specifically ratified sud- based on the facts and on the law of constitutionality of this measure to be denly be fraudulent? If they were not this country. This would be applying a inserted into the RECORD at the appro- fraudulent, how can this be anything fraudulent transfer law which 45 States priate time. other than an unconstitutional taking have and that has existed in common I’ll reserve, now, the balance of my of contractual rights? law for many, many years. time. What is more, this bill is unneces- The manager’s amendment, which Mr. SMITH of Texas. Mr. Speaker, I sary. We have already passed tax legis- makes the bill, is different from the yield myself such time as I may con- lation to recoup the AIG bonuses. Be- original bill that did have some consume. sides, a great majority of the key AIG troversy about the question of its con- Mr. Speaker, H.R. 1575 should not be bonus recipients have returned their stitutionality. There were several es- on the floor today. In the rush to re- bonuses. teemed judicial minds who felt that

VerDate Nov 24 2008 03:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.005 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4277 the original bill was constitutional, a been found to be constitutional and with all of the flaws that I have dis- majority of people whose opinions were that gives the Attorney General, in cussed. Mr. Speaker, the answer is sought and who replied, but it is al- consultation with the Secretary of the therefore clear. We certainly should most unanimous agreement that this Treasury, the opportunity to bring not pass this bill today. bill is constitutional. None other than fraudulent transfer charges into court I reserve the balance of my time. Laurence Tribe of the Harvard Law where a judge can make a decision on Mr. CONYERS. Mr. Speaker, I am School and others have taken the posi- whether or not the moneys should or pleased to recognize the gentlewoman tion that this is constitutional. should not be expended. from Houston, Texas, who has served The public was justly outraged, as So I urge all of my colleagues to vote with great effectiveness on the Judici- were many Members of this Congress— as to what is appropriate—to void this ary Committee, and I would yield her I suspect nearly every Member of this act against public policy and against as much time as she may consume (Ms. Congress—at the size of the bonuses the unjust enrichment of people who JACKSON-LEE of Texas). paid to AIG. AIG, Merrill Lynch and have been reckless with our public dol- (Ms. JACKSON-LEE of Texas asked other companies were given money, lars and earlier with their private dol- and was given permission to revise and Mr. Speaker, because they were going lars and with their stockholders’ dol- extend her remarks.) to be broke. They were broke. They lars and to put the whole situation Ms. JACKSON-LEE of Texas. I thank had recklessly ruined their stock- back in balance. the distinguished gentleman from holders’ investments and had put this Mr. SMITH of Texas. I yield myself Michigan and the chairman of the sub- country on the verge of economic col- such time as I may consume. committee, Mr. COHEN, for their leader- lapse. Because of that, it was necessary Mr. Speaker, I would like to address ship. for the United States Congress to rein a little bit more detail some of the Mr. Speaker, I am very pleased to be spond, both under President Bush and defects in this bill. an original cosponsor of this legisla- President Obama, and to put moneys Many of us believe that the AIG bo- tion, and frankly, I think it is impor- into these institutions to make them nuses were unwise, but what was fraud- tant that we clear the air and provide whole, hopefully, with the idea that ulent about them? Urged on by the a treatise, an instructive recalling, of they would be lending money to the White House and by the Department of the reason we are on the floor today. American consumer and to American the Treasury, a provision to protect First of all, this is a moderate ap- businesses to get the economy moving AIG’s right to pay the AIG bonuses was proach, a temperate approach, a con- again. sneaked into the stimulus bill, which stitutional approach of, really, paying Unfortunately, what some of these was subsequently signed by President the taxpayers back, of giving the tax- people did—Merrill Lynch was one, and Obama. payers a day in the sun and of using AIG was another—is they used these How can bonuses that Congress and the Constitution and the respect of moneys in ways that were not in- the President specifically ratified be three branches of government to be tended, sometimes parceling them out fraudulent? If they were not fraudu- able to protect the taxpayers. This to their associate companies in Europe lent, how can this bill do anything but does not thwart the work of Secretary as well as here, by giving out bonuses threaten an unconstitutional taking of Geithner or the administration. It is a called ‘‘retention bonuses’’ or other contractual rights? complement to them. types of bonuses in excess of $1 million Bonus retribution rests on anger, not Mr. Speaker, the committee under- and sometimes up to $6 million. The in- on sound policy. It will undermine the took a careful constitutional assess- dividuals who got these bonuses would Federal Government’s ability to re- ment of this bill. We were quite well have gotten nothing if it were not for cruit bank rescue participants. Presi- aware that we did not want to violate the United States’ money coming in to dent Obama, Secretary Geithner and the Constitution, and we secured the make those companies solvent, with others have all recognized the obvious, assistance and the insight of four the purpose of making them solvent that the more we rewrite the contracts prominent constitutional scholars to and able to lend money to businesses to of companies participating in the res- affirm its constitutional soundness. get our economy moving—to stimulate cue programs, the more the companies Mr. Speaker, I insert into the RECORD our economy. Instead of that, they will run the other way from our pro- at this point the letters of law profes- stimulated each other, and did some- grams. sors Laurence Tribe of Harvard Law thing to the American public that has Secretary Geithner has finally an- School and Michael Gerhardt of the not been done since, maybe, to Sabine nounced the program that was sup- University of North Carolina. women. It was the wrong thing to do. posed to help the meltdown at the very HARVARD UNIVERSITY, For this purpose, it was important outset, the toxic assets relief plan. The Cambridge, MA, March 24, 2009. that Congress responded to protect the markets responded strongly and posi- Re constitutionality of H.R. 1575. taxpayer and to protect the Treasury. tively to that announcement just last Hon. JOHN CONYERS, Jr., We passed a bill last week concerning week. So how can we take this action Chairman, Committee on the Judiciary, House taxes. This is a fairly narrowly drawn that will only scare participants and of Representatives, Washington, DC. bill, surgically drawn to only allow that program away precisely when we I have been asked to address the constitu- courts to make these decisions on com- tional validity of H.R. 1575, the ‘‘End the need them to succeed? Government Reimbursement of Excessive panies that have over $5 billion worth H.R. 1575 will put executive com- Executive Disbursements (End the GREED) of assets—not community banks, not pensation decisions into a multitude of Act.’’ Having carefully reviewed the text of small folks—but big folks who got big district judges’ different hands. The the bill, I believe it stands on solid constitu- bucks who then put big bucks out to bill cannot fairly or reliably restrain tional ground. This judgment applies both to their employees who basically, in many these 1,000-plus judges as they assess in the bill as reported by the Judiciary Com- cases, were the people who recklessly districts across the country what they mittee on March 18, 2009, and to the revised put those companies on the verge of think is ‘‘reasonably equivalent value version your staff sent me on March 23, collapse, and the American economy for services.’’ The bill is, thus, a pre- which has been narrowed to a provision authorizing the Attorney General to petition a and the world economy on the verge of scription for arbitrary results. court to avoid a covered payment of com- collapse. What is more, in the cases in which pensation in exchange for ‘‘less than a rea- It shocks the public conscience, and the judges find that reasonable com- sonably equivalent value,’’ and a related sub- any of those bonuses should be void pensation was not exceeded, we will re- poena provision. Because I understand that against public policy, and because they cover not one dime of these bonuses. So this narrowed version of the bill is the one would be void against public policy, what is the point? now being considered for the House floor, it this Congress appropriately acted with Mr. Speaker, this bill is the product is this bill that I will address primarily in legislation. I am proud to stand with of hurried decision-making, the tram- this memorandum. Enacting this legislation is well within Chairman CONYERS and with other pling of regular order and insufficient Congress’s affirmative constitutional au- members of the Judiciary Committee vetting. In fact, this bill was rewritten thority under the Bankruptcy Clause, Arti- who brought this legislation that has twice behind closed doors before we ar- cle I, Section 8, Clause 4, ‘‘[t]o establish . . . been reviewed by scholars and that has rived here today, and it still is riddled uniform Laws on the subject of Bankruptcies

VerDate Nov 24 2008 05:11 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.049 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4278 CONGRESSIONAL RECORD — HOUSE April 1, 2009 throughout the United States.’’ That this au- of attainder ban is that it proscribes legisla- Clause inapplicable seems to me logically thority extends not only to laws regarding tive punishment of specified persons—not of unassailable. bankruptcy itself, but also to laws regarding whichever persons might be judicially deter- Those five Justices explained why the companies facing insolvency generally—and mined to fit within properly general pro- Takings Clause is ‘‘the wrong legal lens,’’ id. thus to the very entities defined in Section 2 scriptions duly enacted in advance. . . . Its at 554, through which to view such measures. of H.R. 1575—is established beyond question application necessarily depends on the pres- Either ‘‘the Government’s imposition of an by settled Supreme Court precedent. In Con- ence of improper specification by the legisla- obligation between private parties, or [its] tinental Illinois National Bank & Trust Co. ture of the individuals singled out for pun- destruction of an existing obligation, must v. Chicago Rock Island & Pacific Railway ishment. . . . [N]o attainder may be said to relate to a specific property interest [such as Co., 294 U.S. 648, 667–68 (1935), for example, have resulted from the mere fact that the set an interest in a specific parcel of land or a the Supreme Court stated that, ‘‘[w]hile at- of persons having the characteristic [des- specific item of personal or intellectual prop- tempts have been made to formulate a dis- ignated by the legislature] might in theory erty] to implicate the Takings Clause.’’ Id. tinction between bankruptcy and insolvency, be enumerated in advance and that the set is at 544 (Kennedy, J., concurring in the judg- it has long been settled that, within the in principle knowable at the time the law is ment and dissenting in part) (italics added). meaning of the [Bankruptcy Clause], the passed.’’ Laurence H. Tribe, American Con- The financial liability that would be imposed terms are convertible.’’ And, in Railway stitutional Law 643 (2d ed. 1988). In this in- on the transferee by the operation of H.R. Labor Executives’ Ass ’n v. Gibbons, 455 U.S. stance, moreover, the ‘‘set of persons having 1575, and the monetary recovery to the trans- 457, 466 (1982), the Court explained that, the characteristic’’ of receiving what H.R. feror that enforcement of this liability ‘‘[a]lthough we have noted that ‘t]he subject 1575 deems a ‘‘fraudulent transfer’’ is not against the transferee would entail, ‘‘no of bankruptcies is incapable of final defini- knowable in advance, in part because the doubt will reduce [the] net worth’’ of the tion,’ we have previously defined ‘bank- characteristic is by no means self-defining transferees who are subject to the law’s ruptcy’ as the ‘subject of relations between and requires factual development in each in- avoidance provisions, ‘‘but this can be said of an insolvent or nonpaying or fraudulent dividual case and in part because the statute any law which has an adverse economic ef- debtor and his creditors, extending to his would operate not just retrospectively to fect.’’ Id. at 543 (Kennedy, J.). A decision to and their relief.’ Congress’ power under the transfers made between September 1, 2008, apply the Takings Clause to a measure that, Bankruptcy clause ‘contemplate[s] an ad- and the date of the bill’s enactment as law like HR 1575, requires only the restoration of justment of a failing debtor’s obligations.’’’ but also prospectively from that date for- improperly transferred funds and not the (citation omitted.) H.R. 1575 thus fits com- ward. confiscation or transfer of any specific prop- fortably within the category of laws that the The remaining constitutional questions erty interest ‘‘would expand an already dif- Bankruptcy Clause empowers Congress to raised about H.R. 1575 are somewhat more ficult and uncertain rule [treating some reg- enact—particularly when that clause is cou- plausible superficially but in the end are all ulatory measures as takings] to a vast [new] pled with the Necessary and Proper Clause of without merit. category of cases not [previously] deemed Article I, Section 8, Clause 18, and when it is The first of those remaining questions is . . . to implicate the Takings Clause,’’ id. at supplemented by the Commerce Clause of whether setting aside completed transfers of 542, and ‘‘would throw one of the most dif- Article I, Section 8, Clause 3. compensation from functionally insolvent ficult and litigated areas of the law into con- Moreover, because H.R. 1575 is limited to entities receiving more than the designated fusion, subjecting [every level of govern- the subject of fraudulent transfers from com- amounts of federal funds to keep them afloat ment] to the potential of new and unforeseen panies that have received at least $5 billion would amount to a ‘‘taking’’ of financial re- claims in vast amounts.’’ Id. There is no rein federal funds since the beginning of Sep- sources from the recipients of those transfers alistic prospect that the Supreme Court tember 2008, it is also readily justified as a to benefit the federally-supported entities would plunge headlong into that thicket by reasonable condition on the expenditure of from which the transfers had come and could applying the Takings Clause to any measure funds provided by Congress in the exercise of thus trigger an obligation on the part of the like H.R. 1575, nor is there any good reason its power ‘‘To lay and collect Taxes, . . . to Federal Treasury to provide ‘‘just compensa- for any court or lawmaker to do so. pay the Debts and provide for the . . . gen- tion’’ to the transferees—which would, of This is even more obviously correct when eral Welfare of the United States.’’ U. S. course, defeat the entire purpose of the bill the federally imposed obligation to make Const., Article I, Section 8, Clause 1. The insofar as its ultimate aim is to avoid a monetary payments to third parties ripens power of Congress to invoke this taxing and waste of federal tax revenues. The answer is only with a judicial determination that spending authority, again in conjunction that the Takings Clause is simply inappli- those subjected to the obligation were with the Necessary and Proper Clause, to im- cable. Federally imposed obligations to wrongfully enriched in the first instance and pose conditions on the receipt of federal make monetary payments to third parties when the payment obligation has the char- funds where, as in this instance, those condi- are not properly characterized as ‘‘takings’’ acter of avoiding that unjust enrichment so tions relate directly and substantially to en- at all under the Takings Clause of the Fifth as to restore the status quo ante. The implicit theory underlying the seminal case of suring that those funds are expended solely Amendment. Indeed, such obligations have Calder v. Bull, 3 U.S. 386 (1798), was that a for the purposes contemplated by Congress, never been subjected to the Takings Clause government-mandated transfer from one pri- is thoroughly settled. See, e.g., South Da- by a Supreme Court majority. Although four vate party to another was either a naked re- kota v. Dole, 483 U.S. 203, 206–07 (1987); Justices, writing for a plurality in Eastern distribution of wealth and thus beyond the Enterprises v. Apfel, 524 U.S. 498 (1998), in- Fullilove v. Klutznick, 448 U.S. 448, 474 (1980); powers the people ceded to government voked the Takings Clause to review a law Lau v. Nichols, 414 U.S. 563, 569 (1974). under the original social compact or an act Questions have been raised about whether imposing such financial obligations, a major- of corrective justice and thus a violation of H.R. 1575 might constitute a forbidden Bill of ity of the Court in that case—including both the separation of powers unless taken pursu- Attainder, but any such claim would be Justice Kennedy, concurring in the result, ant to a judicial determination of prior wholly without merit. The bill is carefully id. at 539–47, and Justice Breyer, dissenting wrong. Tribe, American Constitutional Law, structured to apply to a broad class of indi- in an opinion joined by Justices Stevens, supra, at 561, 571 & n.9; Thomas Cooley, A viduals and inflicts no punishment whatso- Souter, and Ginsburg, id. at 554–57—squarely Treatise on the Constitutional Limitations ever but merely subjects those individuals to held the Takings Clause altogether inappli- Which Rest Upon the Legislative Power of suits brought by the Attorney General to re- cable to such mandated monetary transfers, the States of the American Union 357 (8th ed. cover excessive compensation. The govern- noting that ‘‘application of the Takings 1927). Precisely such a determination forms ment cannot prevail in such suits without Clause [to such financial obligations] bris- the heart of the transfer authorized by H.R. proving ‘‘in an appropriate district court of tles with conceptual difficulties,’’ id. at 556 1575. To call it a compensable taking would the United States’’ that the individuals in (Breyer, J., joined by Stevens, Souter, and thus be incoherent. question gave ‘‘less than a reasonably equiv- Ginsburg, JJ.), difficulties that in my view Admittedly, the Coal Act provision at alent value in exchange’’ for the ‘‘compensa- would be completely insuperable. To be sure, issue in Eastern Enterprises was ultimately tion’’ the government seeks to avoid as a this conclusion of the five Justices in East- found to be unconstitutional. But that result ‘‘fraudulent transfer.’’ H.R. 1575, Section 2. ern Enterprises is not itself a holding of the followed only because the Coal Act, ‘‘in cre- Even if the ultimate recovery of such com- Supreme Court, see When The Dissent Cre- ating liability for events which occurred 35 pensation were deemed punitive rather than ates The Law: Cross-cutting Majorities And years [before its enactment,] ha[d] a retro- regulatory, that recovery would take place The Prediction Model of Precedent, 58 Emory active effect of unprecedented scope,’’ id. at only pursuant to trial in an Article III court, L.J. 207, 216, 240 (2008), but it affords a strong 549 (Kennedy, J.), and was viewed by five a far cry from the trial by legislature basis for predicting what the Court would Justices as being in no meaningful sense ‘‘re- against which the Bill of Attainder Clause is hold in any case presenting the issue today, medial’’ in purpose, id., leading Justice Ken- directed. See Selective Service System v. especially in light of the fact that Justice nedy to the conclusion, as a matter of sub- Minnesota Public Interest Research Group, O’Connor, the author of the plurality opinion stantive due process, that the measure was 468 U.S. 841, 851–53 (1984); Nixon v. Adminis- viewing the Takings Clause as applicable, understandable only as ‘‘’a means of retribu- trator of General Services, 433 U.S. 425, 472– has been replaced by Justice Alito, and that tion against unpopular groups or individ- 73 (1977); United States v. Brown, 381 U.S. 437, Chief Justice Rehnquist, who joined the uals.’’’ Id. at 548 (quoting Landgraf v. USI 458–61 (1965); United States v. Lovett, 328 U.S. O’Connor opinion, has been replaced by Chief Film Products, 511 U.S. 244, 266 (1994)). But 303 (1946). As I explained in my constitu- Justice Roberts. Moreover, the analysis of ‘‘[s]tatutes may be invalidated on due proc- tional law treatise, ‘‘The essence of the bill the five Justices who deemed the Takings ess grounds only under the most egregious of

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This conclusion is strongly rein- GREED Act, specifically as revised in the spending measure will fare no differently forced by a long string of Supreme Court rul- proposed Manager’s Amendment, is unques- than any of the other spending measures ings concluding that nothing beyond a stand- tionably constitutional. Each of the powers subjected to judicial review since 1936. ard of reasonableness, usually amounting to deployed to enact this bill is plenary, and I am also confident that The End the a bare showing of rationality, constrains ret- these powers—individually and collectively— GREED bill is not vulnerable to a Takings roactive federal legislation in the economic provide an unusually strong, unassailable Clause challenge. First, as I have indicated, sphere. United States. v. Carlton, 512 U.S. 26, constitutional foundation for the proposed the Supreme Court has recognized that the 30–31 (1994); Pension Benefit Guaranty Cor- Manager’s Amendment to The End GREED bankruptcy power may be used to impair pri- poration v. R.A. Gray & Co., 467 U.S. 717, 729– Act. vate contracts. Second, the Supreme Court 30, 733 (1984); Usery v. Turner Elkhorn Min- First, The End the GREED Act is based on has usually upheld federal regulations of pri- ing Co., 428 U.S. 1, 16–18 (1976). Congress’ Article I power ‘‘to enact uniform vate contracts that have been challenged The second remaining question is whether laws on the subject of Bankruptcies.’’ The under the Taking Clause. See David H. Car- changing the lens from that of the Takings bankruptcy power is a unique, plenary power penter, CRS Report for Congress, Constitu- Clause (or the Due Process Clause) to that of of the Congress. Indeed, the Supreme Court tional Issues Relating to Proposals to Im- the Ex Post Facto Clause would provide a has held that this power may be used to impose Interest Rate Freezing/Reduction on sounder basis for attack by those seeking to pair contracts; and in Wright v. Union Cen- Existing Mortgages, February 15, 2008, at 4. challenge H.R. 1575. Again, the clear answer tral Life Insurance Company, 304 U.S. 502, There is no good reason to think any court is no. Ever since Calder v. Bull, 3 U.S. 386 513–54 (1938), the Supreme Court declared would treat The End the GREED Act any dif- (1798), the Ex Post Facto Clause ‘‘has [been] that an ‘‘adjudication in bankruptcy is not ferently. Indeed, The End the GREED Act considered . . . to apply only in the criminal essential to the jurisdiction [that Congress does not run afoul of the Supreme Court’s context,’’ Eastern Enterprises, supra, at 524, has in the field in bankruptcies.] The subject balancing test set forth in Penn Central v. 538 (Thomas, J., concurring). Measures that of bankruptcies is nothing less than the ‘sub- City of New York, 438 U.S. 104 (1978), for de- are not the functional equivalent of criminal ject of relations between an insolvent or termining when regulations effect a taking punishment are not subject to the clause. Al- nonpaying or fraudulent debtor, and his for purposes of the Takings Clause. In this though Justice Thomas has indicated that creditors, extending to his and their relief’’ case, the conduct that is the subject of the ‘‘[i]n an appropriate case [he] would be will- (citation omitted). The Court ruled, in other regulation is not only arising in an area that ing to reconsider Calder and its progeny to words, that the Congress is not confined to is traditionally ‘‘heavily regulated’’ but also determine whether a retroactive civil law addressing insolvency (or its prospects or the federal government is obviously not op- that passes muster under . . . Takings consequences) in the context of bankruptcy erating in bad faith or its regulation is not proceedings. This law, particularly the sec- Clause jurisprudence is nonetheless uncon- designed to benefit only a very few people as tion authorizing a federal civil cause of ac- stitutional under the Ex Post Facto Clause,’’ opposed to the general public. tion for fraudulent transfers, is plainly con- id., there is no prospect that others would I hope this analysis will be of some help to sistent with that longstanding under- join him in taking so radical a step. And, you and the Committee. It is a great privi- standing of the scope of the bankruptcy more than that, it is hard to imagine that lege to share it with you. If you have any clause. questions or if I can be of further service to even Justice Thomas would regard H.R. 1575 Second, The End the GREED Act is based you or the Committee, I hope you will not as presenting ‘‘an appropriate case’’ for rein part on Congress’ plenary power under Ar- hesitate to let me know. consideration of a principle with so vener- ticle I to regulate interstate commerce. For Very truly yours, able a pedigree. instance, section (c) easily satisfies all of the There is also venerable precedent sup- MICHAEL J. GERHARDT, requirements that the Court has recognized porting the general principle that neither Samuel Ashe Distinguished Professor of with respect to federal regulations of private the Ex Post Facto Clause nor the Due Proc- Constitutional Law & Director of the UNC economic conduct. In United States v. Lopez, ess Clause stands in the way of congressional Center on Law and Government, UNC at 514 U.S. 549 (1995), the Supreme Court recog- measures authorizing the federal govern- Chapel Hill Law School. nized that pursuant to its power to regulate ment to rescind even privileges as basic as interstate commerce the Congress had the Ms. JACKSON-LEE of Texas. The U.S. citizenship when the means by which authority to regulate three categories of pri- reason we wanted to be extraordinarily such privileges were obtained indicate that vate conduct or affairs—the channels of thoughtful is that we knew these ques- they never rightfully belonged to those from interstate commerce, the instrumentalities whom the government is authorized to re- tions would be asked, but let me tell of interstate commerce, and activities that cover them. See Johannessen v. United you the simplicity of what this legisla- substantially affected interstate commerce. States, 225 U.S. 227, 240–43 (1912). In uphold- tion speaks to: At the same time, let Ten years later, in Gonzales v. Raich, 545 ing a congressional measure reversing a deci- U.S. 1 (2005), the Court explained that it me go on record, Congresswoman JACK- sion that would have permitted an instru- would only employ the rational basis test to SON-LEE from Houston, Texas: mentality of the Cuban government to re- assess the constitutionality of a regulation I am in support of the Nation’s finan- cover the proceeds from a sale of sugar of economic conduct that was either part of cial markets, investment houses. They wrongfully expropriated by the Cuban gov- a comprehensive regulatory scheme or could have been at our back for a number of ernment, a district court quoted the if aggregated substantially affect interstate Johannessen Court’s observation of the un- years. They have invested your mon- commerce. There is no question that The derlying principle that ‘‘[t]here is no such eys, your 401(k)s. Capitalism has, in End the GREED bill, including section (c), is thing as a vested right to do wrong.’’ Banco fact, worked, but abuse does not work, a regulation of economic transactions, Nacional de Cuba v. Farr, 243 F. Supp. 957, so we speak today about abuse, not which, if aggregated, could substantially af- 979 (S.D.N.Y. 1965), aff’d, 383 F.2d 166 (2d Cir. fect interstate commerce. As such, this bill about crumbling the financial houses, 1967), cert. denied, 390 U.S. 956 (1968) (quoting would be subject to the most deferential ju- the investment houses. We want them Johannessen, 225 U.S. at 241–42). That prin- dicial review possible and easily pass con- to be strengthened. Young people every ciple, too, supports the constitutionality of stitutional muster. day are graduating from college and H.R. 1575. Besides Congress’ plenary bankruptcy and are saying, ‘‘I want to be an invest- LAURENCE H. TRIBE, commerce powers, The End the Greed Act is ment banker.’’ They want to help grow Carl M. Loeb University Professor.* supported by the Congress’ spending power. the economy. We are not unsupportive The conditions imposed by the bill satisfy * University affiliation listed for identifica- of that. tion purposes only. the requirements for spending measures that the Supreme Court has set forth over the In fact, in my own congressional dis- MARCH 24, 2009. years: They are germane to the purposes of trict, it used to be American General. I Hon. JOHN CONYERS, Jr., the expenditures; the conditions imposed by have AIG employees. I applaud them. Chair, House Judiciary Committee, House of the bill are clear and unambiguous; recipient They come up to me on the street. I Representatives, Washington, DC. entities have no fundamental right to con- want them to know I appreciate their Hon. LAMAR S. SMITH, tract and thus are not giving up a funda- work in the insurance business—in pro- Ranking Member, House Judiciary Committee, mental right in exchange for compliance tecting and in insuring everything House of Representatives, Washington, DC. with the conditions attaching to the funds from whistles, to haystacks, to Holly- DEAR REPRESENTATIVE CONYERS AND REP- that they are receiving; and the recipient of RESENTATIVE SMITH: I appreciate the oppor- the funds are not being forced or coerced to wood actors, to the transportation tunity to share with you my analysis of the take money from the federal government. modes that you travel on—but we have constitutionality of the proposed Manager’s Moreover, the courts have been extraor- got to be able to protect your tax dol- Amendment to The End the GREED Act. Al- dinarily deferential to the Congress in their lars.

VerDate Nov 24 2008 03:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.017 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4280 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Let me tell you why this bill works. Imagine the wielding of that action on First, it creates a federal fraudulent transfer Attorney General Cuomo made it work. behalf of all of the people of the United statute that will allow the Attorney General to He issued subpoenas. What do we get? States. recover prior excessive payments to employ- Some $50 billion back—and more grow- Support H.R. 1575. ees made by the company. This allows the ing—from AIG. It shows that the long Mr. Speaker, I rise in strong support of H.R. government, as a creditor, to show that exces- hand of the law can be effective. The 1575, the ‘‘End Government Reimbursement sive payments were made bearing no relation- $160 billion given to executives is more of Excessive Disbursements (End Greed) ship to fair value and to recover those pay- than most Americans will see ever in Act.’’ I want to thank my colleague Congress- ments for the company. their lifetimes. This is a simple re- man JOHN CONYERS, Jr. of Michigan for intro- Second, on an ongoing forward basis, it al- sponse to it. What it does is it allows ducing this important legislation, and I urge my lows the Attorney General to limit payments to the Attorney General to recover prior colleagues to support this bill. company executives to ten times the average excessive payments to employees made BACKGROUND non-management wages, just as would have by the company. It allows the govern- Mr. Speaker, since August 2008, the federal been the case if the company had been forced ment, as a creditor, to show that the government has invested hundreds of billions into bankruptcy. In addition, the bill authorizes excessive payments that were made of dollars in private financial institutions. The the Attorney General to issue a subpoena to have no bearing on the work. It is per- credit crisis deepened in September when the obtain pertinent information from these compa- missive. It allows. It does not suggest federal government put Fannie Mae and nies about employee bonus and compensation that, in fact, there is a coup d’etat, Freddie Mac into conservatorship after it be- payments. that the Attorney General can do it came clear that the financial situations of two I urge my colleagues to support this bill. It without any oversight. of the nation’s largest mortgage purchasers is the right thing to do and prevents unjust en- were rapidly deteriorating. richment by the bank and financial institution b 1315 On September 14, 2008, the impact of the executives. The TARP funds were originally They must go into court. That makes crisis widened as global financial services intended to be used by the banks to continue a difference. The judge must ulti- company Merrill Lynch agreed to sell itself to to provide services to the public. The TARP mately say, You know what? I agree Bank of America, investment bank Lehman funds were not supposed to be used for the with the petitioner/the attorney gen- Brothers filed for bankruptcy and international executives and bankers to get engorged and eral/the government as creditor or I insurer and financial services company Amer- rich. disagree. ican Insurance Group (‘‘AIG’’) asked the fed- Mr. SMITH of Texas. Mr. Speaker, I Second, it allows the Attorney Gen- eral government for a $40 billion bridge loan. will be the remaining speaker on this eral to limit payments to company ex- On September 23, 2008, then-Treasury side. ecutives to 10 times the average non- Secretary Paulson and Federal Reserve I will reserve the balance on my side. payment wages just as it would have Chairman Ben Bernanke appeared before Mr. CONYERS. Mr. Speaker, I have been if the case was forced into bank- Congress asking for a $700 million rescue no further speakers. I reserve the balance of my time. ruptcy. This is a fair assessment if a plan to buy and resell mortgage backed secu- Mr. SMITH of Texas. Mr. Speaker, I company has taken Federal dollars, rities citing fears of a recession if the government did not act. yield myself the balance of my time. and $700 billion given to these compa- Mr. Speaker, I would like to close by nies in October of 2008. Most of them On October 3, 2008, Congress authorized $700 billion for the Treasury to buy troubled reiterating that this bill is misguided bought up your baby banks, not put and should be opposed for many rea- that money out to help Americans. assets to prevent disruption in the economy. One week after the $700 billion was author- sons. So Mr. Speaker, I think what is key The AIG bonuses were unwise, but here is that this is reasonable. We have ized, the Bush Administration decided that it would use a portion of the $700 billion to re- what was fraudulent about them? How constitutional scholars who have indi- can bonuses Congress and the Presi- cated that you are within the constitu- capitalize some of the nation’s leading banks by buying their shares. The idea was to help dent specifically ratify through the tional framework. Why would the Judi- stimulus bill be fraudulent? Bonus ret- ciary Committee want to eliminate healthy banks continue to provide loans to businesses and consumers. This did not hap- ribution rests on anger, not sound pol- those barriers. icy. It will undermine the Federal Gov- And then secondly and thirdly, we pen. Instead, banks began to acquire smaller banks that were not given access to the $700 ernment’s ability to recruit bank res- thank the employees that are doing cue participants. their job every day trying to make this billion. Funds were used to pay employee bonuses. President Obama has urged us not to economy work. But what we say to the The payment of employee bonuses and the act out of anger, and Secretary taxpayers is, if there is ever a com- use of TARP funds to do so, was expressly Geithner has finally just announced a mittee that has to play the enforce- prohibited by the TARP bill. Despite this prohi- toxic assets relief program relying ment role to enhance the Constitution, bition, the nation’s largest banking and finan- heavily on private participation. The to gather in those who have gone out- cial institutions continued to pay employee bo- markets responded to Secretary side the boundaries of reason, who are nuses using the TARP funds. This bill puts the Geithner by rallying strongly. Why abusive in issuing moneys to people teeth in the original TARP bill and provides a would we scare the private institutions who are part of the problem, it is the mechanism for these financial institutions to away now? Judiciary Committee, and the Attor- return the funds they wrongly used. State fraudulent conveyance law is ney General that complements the Our constituents are worried about the already working. New York Attorney work of the Secretary of the Treasury, Golden Parachutes that they see given to big General Andrew Cuomo has used New and our very able leader in the White business while they struggle to pay mort- York State law tools to force at least House, who is constructively trying to gages, keep the electricity on, and send their 15 of the top AIG bonus recipients to put this capitalistic system back on its children to college. The saving of corporate return their bonuses. He has recouped feet. Then it has to be those of us with executives while unemployment rates continue at least $50 million. He expects to re- the responsibility of enforcement to to go up, has driven many Americans to won- coup all bonuses paid to U.S. recipi- ensure that we provide the coverage for der what has happened to corporate responsi- ents, and he and other State authori- taxpayers who cannot speak for them- bility and accountability. ties may recoup bonuses that went selves. Mr. Speaker, H.R. 1575, the ‘‘End Govern- overseas. I rise enthusiastically to support ment Reimbursement of Excessive Executive H.R. 1575 puts executive compensa- H.R. 1575 for the very reason that we Disbursements (End GREED) Act,’’ applies to tion decisions into a multitude of dis- will be derelict if this committee, the companies that have received more than $10 trict judges’ different hands. H.R. 1575 holders of the Constitution, did not billion in federal financial assistance since cannot constrain executive compensa- come to the floor and provide this September 1, 2008. The bill ends the unjust tion. It just leaves it to over 1,000 dis- thoughtful legislation that provides enrichment of the corporate executives who trict judges to arbitrarily determine you with the protection of evidence wrongly benefitted from their companies’ re- whether compensation exceeds a rea- that you have already seen in the mon- ceipt and misuse of TARP funds. As dis- sonably equivalent value for services. eys that have been returned under the cussed further below, the bill has two key The House just passed H.R. 1586. We New York State Attorney General. components. don’t need to take a follow-up action.

VerDate Nov 24 2008 03:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.052 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4281 Just 2 weeks ago, the House passed Act (‘‘UFTA’’), which uses nearly identical If you or your staff have any questions or H.R. 1586 to go after the AIG bonuses statutory language. would like further information, I would be under the Tax Code. H.R. 1575 is redun- Apart from the UFTA being a state-based happy to be of assistance. dant and poses some of the same risk. procedure and generally broader in scope, Sincerely, DOUGLAS G. BAIRD. So why does that make sense? the only substantive difference between the H.R. 1575 is not only unwise, it is un- UFTA and H.R. 1575 is on the narrow question of the time at which insolvency or un- UNIVERSITY OF CALIFORNIA, necessary. It is not only unnecessary, Los Angeles, CA, March 24, 2009. it is the product of a ransacking of reg- reasonably small capital is judged. Under H.R. 1575, it is at the time of the payment, Re H.R. 1575, 111th Congress, 1st Session. ular order. And not only that, it will while under the UFTA. It is the time that Hon. JOHN CONYERS, Jr., hamper our economic recovery. the contract is entered into. Such a dif- Chairman, House Committee on the Judiciary, Mr. Speaker, I just want to say to my ference, however, should not be of great mo- Washington, DC. colleagues that Republican leader JOHN ment. Congress has enacted fraudulent Hon. LAMAR SMITH, BOEHNER, Whip ERIC CANTOR, and Con- transfer rules before (typically in bank- Ranking Member, House Committee on the Judi- ference Chairman MIKE PENCE are all ruptcy legislation) and has departed more ciary, Washington, DC. going to vote ‘‘no’’ on this legislation. substantially from the nonbankruptcy rule. DEAR CHAIRMAN CONYERS AND RANKING I strongly urge a bipartisan ‘‘no’’ For example, the Bankruptcy Abuse Preven- MEMBER SMITH: Chairman Conyers has asked vote on H.R. 1575. tion and Consumer Protection Act of 2005 en- me to analyze whether the fraudulent trans- I yield back the balance of my time. acted a fraudulent transfer provision that al- fer provisions in the Manager’s amendment lows recovery against insider employees who to H.R. 1575 violate the United States Con- Mr. CONYERS. Mr. Speaker, I close receive more than reasonably equivalent regretfully lamenting the comments of stitution. For the reasons set forth below, it value and it contains no insolvency require- is my view as a professor of law that the my good friend, LAMAR SMITH, the ment or unreasonably small capital require- fraudulent transfer provisions of the Man- ranking member on this committee, ment at all. ager’s amendment to H.R. 1575 are constitu- because he may not have sensed the Because H.R. 1575 largely replicates rights tional on their face and as applied to avoid outrage of the American people in that the United States already possesses payments of excessive compensation made terms of the fact that these outrageous under state law, there seems little doubt under contracts entered into before the date bonuses were being arrogantly issued that Congress has the power to enact it. of enactment. out with government funds that were While the statute does reach, among other The Manager’s amendment to H.R. 1575, by the billions, that were going to cor- things, transfers that have already taken prepared for floor consideration in the House porations to supposedly save them place, this has been the case with previous of Representatives, seeks to authorize the fraudulent conveyance statutes enacted by from bankruptcy. And so for him to ig- Attorney General to file a civil action to Congress, most recently in 2005. I am not avoid, as fraudulent transfers, certain pay- nore the fact that at least 47 States al- aware that anyone has ever suggested that ments of excessive compensation made by ready have these laws, to think that these were constitutionally suspect. entities who received more than $5 billion in there would be a constitutional prob- H.R. 1575 is not an ex post facto law, as it federal government funds on or after Sep- lem with the government in this very involves only civil liability. See Calder v. tember 1, 2008. It does so by vesting the At- limited case directing the courts to, on Bull, 3 U.S. 386 (1798). Nor is it a bill of attorney General with two kinds of fraudulent a case-by-case basis, review their ap- tainder as it applies generally to entities transfer avoiding powers. propriateness is rather astounding. that have received a particular type of fed- First, section 2(1)–(2) gives the Attorney So I would like to personally make eral funding. The only remotely colorable General the power to avoid constructive myself available, particularly to new constitutional argument against H.R. 1575 is fraudulent transfers made for less than a Members of this great body of the 111th that it violates the due process rights of the reasonably equivalent value if the company making the payments either was insolvent Congress, to please consult with me be- transferees because of the statute’s retroactive effect. This should not, however, cre- or possessed an unreasonably small capital fore you do anything that will prevent ate a constitutional problem, as long as on the date of the payments. Both insol- us from having a long friendship and Congress’s intent to apply it retroactively is vency and unreasonably small capital are de- get to know each other a lot better in expressed clearly. termined without consideration of the federal government funds or lines of credit. Sec- the Congress. In Usery v. Turner Elkhorn Mining Co., 428 ond, the legislation authorizes the Attorney Mr. CONYERS. Mr. Speaker, I submit the U.S. 1 (1976), the Supreme Court noted that it General to stand in the shoes of an actual other two law professor letters for the RECORD. ‘‘is by now well established that legislative unsecured creditor of the payor who could MARCH 24, 2009. Acts adjusting the burdens and benefits of avoid the payments under other applicable Hon. JOHN CONYERS, Jr., economic life come to the Court with a pre- law to avoid excessive compensation pay- Hon. LAMAR SMITH, sumption of constitutionality, and that the ments to the same extent. Committee on the Judiciary, burden is on one complaining of a due proc- House of Representatives, Washington, DC. ess violation to establish that the legislature Having extensive familiarity with the DEAR CONGRESSMAN CONYERS AND CON- has acted in an arbitrary and irrational interface of bankruptcy, insolvency, and con- GRESSMAN SMITH: I am writing to express my way.’’ stitutional law, it is my view as a scholar opinion that the fraudulent transfer provi- that the fraudulent transfer provisions of the On the rare occasions in which it has sions of H.R. 1575 pass constitutional muster. Manager’s amendment to H.R. 1575 are con- struck down legislation that has had a retro- I am writing in my capacity as an expert on stitutional on their face and as applied to active effect, the Court has emphasized that, fraudulent transfer law, not on behalf of any avoid payments of excessive compensation to constitute a due process violation, it must group or individual. made under contracts entered into before the cross a significant threshold, such as, in one I am the Harry A. Bigelow Distinguished date of enactment. The Commerce Clause, case, prospective liability on account of con- Service Professor at the University of Chi- Bankruptcy Clause, and Necessary and Prop- duct that a company had ceased many dec- cago. I joined Chicago’s faculty in 1980, was er Clause provide ample congressional power ades before. While ‘‘legislation might be un- Director of its law and economics program to enact this legislation. See U.S. Const., constitutional if it imposes severe retro- from 1992 to 1994, and served as its Dean from art. I, § 8, cls. 3, 4 & 18. active liability on a limited class of parties 1994 to 1999. I have been a visiting professor Even though the United States did not put that could not have anticipated the liability, at Stanford, Harvard, and Yale. Currently a recipients of federal government funds into and the extent of that liability is substan- Director of the American College of Bank- bankruptcy, conservatorship, or receivership tially disproportionate to the parties’ experi- ruptcy, I was Vice Chair of the National as a condition of receiving those funds, H.R. ence,’’ as a general matter ‘‘Congress has Bankruptcy Conference from 1997 until 2004. 1575 could be supported under the Bank- considerable leeway to fashion economic leg- My publications include a number of articles ruptcy Clause. In Railway Labor Executives’ islation, including the power to affect con- on fraudulent transfer law. Ass’n v. Gibbons, 455 U.S. 457, 466 (1982), the I begin by emphasizing that the fraudulent tractual commitments between private par- Court stated, ‘‘although we have noted that transfer provision of H.R. 1575 has modest ties.’’ Eastern Enterprises v. Apfel, 524 U.S. ‘[t]he subject of bankruptcies is incapable of scope. It creates a new federal procedure, but 498, 529–30 (1998). final definition,’ we have previously defined the substantive right in question has existed Legislation, such as H.R. 1575, that largely ‘bankruptcy’ as the ‘subject of relations be- under state law for a long time. In every ju- tracks existing state law cannot take private tween an insolvent or nonpaying or fraudu- risdiction, creditors (including the United parties by surprise. In this case, the basic lent debtor and his creditors, extending to States) have the ability to avoid transfers principle—that financially troubled debtors his and their relief.’ * * * Congress’ power made by an insolvent or financially troubled cannot give their assets away—has been part under the Bankruptcy Clause debtor for less than reasonably equivalent of Anglo-American law for centuries. See ‘contemplate[s] an adjustment of a failing value. Indeed, more than half the states have Twyne’s Case, 3 Coke 80b, 76 Eng. Rep. 809 debtor’s obligations.’ ’’ (citations omitted) enacted the Uniform Fraudulent Transfer (1601). As the Court noted in Continental Illinois

VerDate Nov 24 2008 04:56 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.054 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4282 CONGRESSIONAL RECORD — HOUSE April 1, 2009 National Bank & Trust Co. of Chicago v. Chi- of the Constitution only limits impairment During my career, I have paid particular cago, Rock Island & Pacific Railway Co., 294 of obligations of contracts by the states and attention to the interface between bank- U.S. 648, 667–68 (1935), the Bankruptcy Clause does not limit federal power to impair con- ruptcy law and the United States Constitu- applies to regulate insolvent companies as tractual obligations. See U.S. Const., art. I, tion. While serving as a congressional staff well as those that are bankrupt: ‘‘While at- § 10. member, I co-authored a House Judiciary tempts have been made to formulate a dis- Second, because the avoidance only takes Committee Report in 1977 correctly pre- tinction between bankruptcy and insolvency, place in a federal court judicial proceeding dicting that it would be unconstitutional to it has long been settled that, within the based on adequate notice and an opportunity give a grant of broad pervasive jurisdiction meaning of the [Bankruptcy Clause], the to be heard, there is no denial of due process to non-tenured bankruptcy judges. See H.R. terms are convertible.’’ in violation of the Fifth Amendment. See Rep. No. 95–595, 95th Cong., 1st Sess. 23–39 Moreover, under the Commerce Clause, Mullane v. Central Hanover Bank & Trust (1977). The United States Supreme Court H.R. 1575 is valid regulatory legislation ap- Co., 339 U.S. 306, 307 (1950) (considering due validated this position in Northern Pipeline plicable to companies that do business in process under the Fourteenth Amendment; Construction Co. v. Marathon Pipe Line Co., interstate commerce. the analysis would be similar under the Fifth 458 U.S. 50 (1982). Furthermore, the legislation properly in- Amendment). I have served as amicus curiae to the vokes fraudulent transfer law remedies that Third, under H.R. 1575, there is no taking courts on the intersection of bankruptcy and have been part of Anglo-American bank- of private property for public use without constitutional law, most recently in Ten- ruptcy and insolvency laws since enactment just compensation in violation of the Fifth nessee Student Assistance Corp. v. Hood, 541 of the Statute of 13 Elizabeth in England in Amendment. Courts have held that the U.S. 440 (2004) where the Court adopted the 1571. These laws, in their modern form, are Bankruptcy Code’s authorization of lien amici suggestion of an in rem exception to a part of the statutory or common law of avoidance does not implicate a taking under state’s assertion of sovereign immunity in every state as well as the federal bankruptcy the Fifth Amendment. See, e.g., Travelers bankruptcy cases. Within the past few code. They permit the avoidance of actual Ins. Co. v. Bullington, 878 F.2d 354, 359 n.6 months, I have authored a book ‘‘Bank- intent or constructive fraudulent transfers. (11th Cir. 1989); Yi v. Citibank (Md.) N.A. (In ruptcy and the Supreme Court,’’ which de- In pertinent part, constructive fraudulent re Yi), 219 B.R. 394, 401 (E.D. Va. 1998). Here, voted an entire chapter to bankruptcy and transfer laws operate to permit the avoid- recipients of the excess payments do not constitutional law. ance of transfers made for less than a fair enjoy liens in property, but simply contract Please let me know if you have additional consideration or reasonably equivalent value rights under contracts that are also avoid- questions with respect to this important leg- while the transferor is insolvent (in either able. The Court has upheld the power of Con- islation. I appreciate the opportunity to be the balance sheet or equity sense) or left gress to limit contractual compensation of service. with an unreasonably small capital. rights without causing violation of the Fifth Sincerely yours, Many of the companies that received fed- Amendment. See Reconstruction Fin. Corp. KENNETH N. KLEE. eral government funds were undoubtedly in- v. Bankers Trust Co., 318 U.S. 163, 168–70 Ms. WATERS. Mr. Speaker, I rise in strong solvent in the balance sheet or equity sense (1943) (77 railroad reorganization case in which claims for compensation for services, support of the End GREED Act, H.R. 1575. or left with an unreasonably small capital We worked on this bill in the Judiciary Com- before the receipt of the funds. Had the attorneys fees, and expenses of indenture United States not intervened to advance the trustee of secured mortgage bonds was re- mittee, and with bipartisan support, I believe federal government funds, the excessive com- ferred to interstate commerce commission that we made significant improvements over pensation payments would have been avoid- for determination). By limiting avoidance of the original bill. able in a bankruptcy or receivership, or, al- compensation claims only to the extent they This narrowly crafted measure gives the At- ternatively, under applicable fraudulent exceed reasonably equivalent value, H.R. 1575 torney General the ability to recover the most transfer laws to the extent they were not places a ‘‘reasonable limitation’’ on the per- egregious bonuses by entities that receive or given in exchange for reasonably equivalent missible amount of compensation disbursements. Under the Supreme Court’s reasoning have received more than $5 billion in direct value or fair consideration. Indeed the con- capital investment by the U.S. under TARP or tracts under which these payments were in Kuehner v. Irving Trust Co., 299 U.S. 445, 452, 455 (1937) the placement of such a reason- HERA by filing a civil action in federal court. made themselves might have been avoidable Every state in the U.S. has some form of simi- as fraudulently incurred obligations under able limitation does not violate the Fifth these laws, at least to the extent they au- Amendment, even though it results in the lar fraudulent transfer statute, including my destruction of a creditor’s contractual rem- thorize payments in excess of the fair value home state of California. edies. of services rendered. The Attorney General could only do so Thus, constitutional challenges to H.R. When a business is insolvent, unable to pay where the entity was insolvent and paid ex- 1575 should fail. And even if they succeed, at its debts as they mature, or left with an un- best the recipient would have a claim cessive compensation to an officer, director, or reasonably small capital, the assets of that against the United States under the Tucker employee who provided less than reasonably business can be considered to be equitably Act for any excessive payments disgorged. equivalent value in exchange. This applies to owned by its creditors. The fraudulent trans- In order to let you put this analysis in con- bonuses paid after September 1, 2008. fer laws prevent a business from giving away text, let me share with you my qualifica- This legislation takes another critical step in assets that it does not equitably own. There- tions to make this analysis. After grad- executive compensation by reaching bonuses fore there is a strong historical legal under- uating from Harvard Law School cum laude pinning for application of fraudulent transfer made at the end of 2008. For example, more in 1974, I served as Associate Counsel to the than $3 billion in bonuses were paid by Merrill principles in the Manager’s amendment to House Committee on the Judiciary, working H.R. 1575. primarily with Republican members from Lynch late last year. Had the United States not made available 1974–1977 on bankruptcy law reform, among This bill also provides a mechanism for re- the federal government payments, these ex- other issues. As a staff member, I was one of covering bonuses paid to non-citizens who cessive payments would have been avoidable the principal drafters of the 1978 Bankruptcy would be unaffected by the tax provision Con- in many different scenarios. It undoubtedly Code. Since then, I have devoted my entire gress recently passed. New York Attorney was never the intention of the United States career to the pursuit of bankruptcy law and General Cuomo reported that only 47 percent to make federal government funds available scholarship. After leaving the Hill I com- of AIG bonuses were paid to U.S. citizens. to enable a recipient entity to facilitate menced working as a bankruptcy lawyer and fraudulent transfers. Accordingly there is a Therefore, this bill authorizes the Attorney also served as a consultant on bankruptcy General, after consultation with the Treasury rational basis making it appropriate for Con- matters to the House Judiciary Committee gress to enact regulatory legislation to pre- until 1982, well past enactment of the 1978 Secretary, to subpoena witnesses and to ob- vent that result and for a court to enforce Bankruptcy Code. I also served as a consult- tain necessary information relevant to the bo- H.R. 1575 to avoid the excessive payments. ant to the Department of Justice on bank- nuses. Indeed, in addition to statutory remedies, a ruptcy matters during 1983–1984. Finally, Mr. Speaker, I know some of the court of equity might exercise equitable I commenced teaching bankruptcy law in critics of this legislation have raised questions powers of reformation or recharacterization 1979 as an adjunct professor at the UCLA about the constitutionality of this bill. Please to facilitate this result. School of Law and became a full time pro- Nevertheless, entities resisting let me add to the RECORD the comments of fessor there in 1997, after teaching at Har- several prominent constitutional scholars who disgorgement of the transfers might seek to vard Law School in 1995–1996 as the Robert challenge the constitutionality on several Braucher visiting professor from practice. have confirmed that the bill is constitutional. grounds. Recipients of excessive payments My interest in bankruptcy legislation has Here’s what some of the constitutional schol- might allege that the legislation violates continued over the years. I served on the leg- ars have said about this bill: their contract rights. The response is that islation committee of the National Bank- Prof. Laurence Tribe (Harvard)—‘‘Having congressional impairment of contract rights ruptcy Conference for several years, acting carefully reviewed the text of the bill, I be- is not unconstitutional. First, although the as its Chair from 1992–1999. Chief Justice lieve it stands on solid constitutional Manager’s amendment to H.R. 1575 permits Rehnquist appointed me to serve on the Ju- ground.’’ the court to interfere with contractual obli- dicial Conference’s Advisory Committee on Prof. Doug Baird (Univ. of Chicago)—‘‘Be- gations, it is clear that the Contracts Clause Bankruptcy Rules from 1992–2000. cause H.R. 1575 largely replicates rights that

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A01AP7.031 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4283 the United States already possesses under the firm and its clients when it reported that Roll No. 175 state laws, there seems to be little doubt they ‘‘have provided thousands of dollars YEAS—217 that Congress has the power to enact it.’’ worth of campaign contributions to key Prof. Michael Gearhardt (UNC)—‘‘I believe Members in close proximity to legislative ac- Abercrombie Griffith Olver that The End GREED Act is unquestionably tivity, such as the deadline for earmark re- Ackerman Grijalva Ortiz constitutional. Each of the powers deployed Adler (NJ) Gutierrez Pastor (AZ) quest letters or passage of a spending bill.’’ Altmire Hall (NY) to enact this bill is plenary, and these pow- Payne Whereas, the Associated Press highlighted Andrews Hare Perlmutter ers—individually and collectively provide an the ‘‘huge amounts of political donations’’ Arcuri Harman Peters unusually strong, unassailable constitu- from the firm and its clients to select mem- Baca Hastings (FL) Peterson tional foundation for The End GREED Act.’’ bers and noted that ‘‘those political dona- Baird Heinrich Pingree (ME) Prof. Ken Klee (UCLA)—‘‘It is my view as tions have followed a distinct pattern: The Baldwin Higgins Polis (CO) a professor of law that the fraudulent trans- giving is especially heavy in March, which is Barrow Hinchey Pomeroy Berkley Hinojosa fer provisions of the Manager’s amendment prime time for submitting written earmark Price (NC) to H.R. 1575 are constitutional on their face Berman Hirono Rahall requests.’’ Berry Holden and as applied to avoid payments of exces- Rangel Whereas, clients of the firm received at Bishop (GA) Holt Reyes sive compensation made under contracts en- Bishop (NY) Honda least $300 million worth of earmarks in fiscal Richardson tered into before the date of enactment.’’ Blumenauer Hoyer year 2009 appropriations legislation, includ- Rodriguez Boren Inslee Mr. Speaker, I urge my colleagues to sup- ing several that were approved even after Rohrabacher Boswell Israel Ross port H.R. 1575, the End GREED Act. news of the FBI raid of the firm’s offices and Boucher Jackson (IL) Rothman (NJ) Mr. CONYERS. I yield back the bal- Justice Department investigation into the Boyd Jackson-Lee ance of my time. firm was well known. Brady (PA) (TX) Roybal-Allard Whereas, the Associated Press reported Braley (IA) Johnson (GA) Ruppersberger The SPEAKER pro tempore. The Rush that ‘‘the FBI says the investigation is con- Brown, Corrine Johnson, E. B. question is on the motion offered by Ryan (OH) tinuing, highlighting the close ties between Capps Jones the gentleman from Michigan (Mr. Capuano Kagen Salazar special-interest spending provisions known Sa´ nchez, Linda CONYERS) that the House suspend the Cardoza Kanjorski as earmarks and the raising of campaign T. rules and pass the bill, H.R. 1575, as Carnahan Kennedy cash.’’ Carney Kildee Sarbanes amended. Whereas, the persistent media attention Carson (IN) Kilpatrick (MI) Schakowsky The question was taken. focused on questions about the nature and Clarke Kilroy Schiff The SPEAKER pro tempore. In the timing of campaign contributions related to Clay Kissell Schrader Schwartz opinion of the Chair, two-thirds being the firm, as well as reports of the Justice De- Cleaver Klein (FL) Clyburn Kratovil Scott (GA) in the affirmative, the ayes have it. partment conducting research on earmarks Coble Kucinich Scott (VA) Mr. SMITH of Texas. Mr. Speaker, on and campaign contributions, raise concern Cohen Langevin Serrano that I demand the yeas and nays. about the integrity of Congressional pro- Connolly (VA) Larsen (WA) Sestak The yeas and nays were ordered. ceedings and the dignity of the institution. Conyers Lee (CA) Shea-Porter Now, therefore, be it: Resolved, that (a) the Cooper Lewis (GA) Sherman The SPEAKER pro tempore. Pursu- Costa Lipinski Shuler ant to clause 8 of rule XX and the Committee on Standards of Official Conduct, or a subcommittee of the committee des- Costello Lowey Sires Courtney Luja´ n Chair’s prior announcement, further ignated by the committee and its members Skelton proceedings on this motion will be Crowley Lynch Slaughter appointed by the chairman and ranking Cuellar Maffei Snyder postponed. member, shall immediately begin an inves- Cummings Maloney Space f tigation into the relationship between the Dahlkemper Markey (CO) Speier source and timing of past campaign con- Davis (AL) Markey (MA) Spratt RAISING A QUESTION OF THE tributions to Members of the House related Davis (CA) Marshall Stark PRIVILEGES OF THE HOUSE to the raided firm and earmark requests Davis (IL) Massa Stupak Davis (TN) Matsui Sutton Mr. FLAKE. Mr. Speaker, I rise to a made by Members of the House on behalf of DeFazio McCarthy (NY) clients of the raided firm. Tanner question of the privileges of the House DeGette McCollum Tauscher Delahunt McDermott (b) The Committee on Standards of Official Taylor and offer the resolution previously no- DeLauro McGovern Conduct shall submit a report of its findings Thompson (CA) ticed. Dicks McMahon to the House of Representatives within 2 Tierney The SPEAKER pro tempore. The Dingell Meek (FL) months after the date of adoption of the res- Titus Doggett Meeks (NY) Clerk will report the resolution. olution. Tonko The Clerk read as follows: Doyle Melancon The SPEAKER pro tempore. The res- Driehaus Michaud Towns H. RES. 312 Tsongas olution qualifies. Edwards (MD) Miller (NC) Edwards (TX) Miller, George Van Hollen Whereas, The Hill reported that a promi- ´ MOTION TO TABLE Ellison Mollohan Velazquez nent lobbying firm, founded by Mr. Paul Wasserman Magliocchetti and the subject of a ‘‘federal Mr. HALL of New York. Mr. Speaker, Engel Moore (KS) Eshoo Moore (WI) Schultz investigation into potentially corrupt polit- I move to lay the resolution on the Etheridge Moran (VA) Waters ical contributions,’’ has given $3.4 million in table. Farr Murphy (CT) Watson political donations to no less than 284 mem- The SPEAKER pro tempore. The Fattah Murphy, Patrick Watt bers of Congress. Filner Murphy, Tim Waxman Whereas, the New York Times noted that question is on the motion to table. Frank (MA) Murtha Weiner Mr. Magliocchetti ‘‘set up shop at the busy The question was taken; and the Fudge Nadler (NY) Wexler intersection between political fund-raising Speaker pro tempore announced that Gonzalez Napolitano Wilson (OH) Woolsey and taxpayer spending, directing tens of mil- Gordon (TN) Neal (MA) the ayes appeared to have it. Grayson Nye Wu lions of dollars in contributions to law- Mr. FLAKE. Mr. Speaker, I object to Green, Al Oberstar Yarmuth makers while steering hundreds of millions the vote on the ground that a quorum Green, Gene Obey Young (AK) of dollars in earmark contracts back to his is not present and make the point of clients.’’ NAYS—185 order that a quorum is not present. Whereas, a guest columnist recently high- Aderholt Bright Coffman (CO) lighted in Roll Call that ‘‘. . . what [the The SPEAKER pro tempore. Evi- Akin Broun (GA) Cole firm’s] example reveals most clearly is the dently a quorum is not present. Alexander Brown (SC) Crenshaw potentially corrupting link between cam- The Sergeant at Arms will notify ab- Austria Brown-Waite, Culberson Bachmann Ginny Davis (KY) paign contributions and earmarks. Even the sent Members. most ardent earmarkers should want to Bachus Buchanan Deal (GA) Pursuant to clause 8 of rule XX, this Bartlett Burgess Diaz-Balart, M. avoid the appearance of such a pay-to-play 15-minute vote on tabling House Reso- Bean Burton (IN) Donnelly (IN) system.’’ Biggert Buyer Dreier Whereas, multiple press reports have noted lution 312 will be followed by 5-minute Bilbray Calvert Duncan questions related to campaign contributions votes on adopting House Resolution 305 Bilirakis Camp Ehlers made by or on behalf of the firm; including and House Resolution 306; and sus- Bishop (UT) Campbell Ellsworth questions related to ‘‘straw man’’ contribu- pending the rules with regard to H.R. Blackburn Cantor Emerson Blunt Cao Fallin tions, the reimbursement of employees for 1575 and House Resolution 290. political giving, pressure on clients to give, a Boccieri Capito Flake Boehner Carter Fleming suspicious pattern of giving, and the timing The vote was taken by electronic device, and there were—yeas 217, nays Bono Mack Cassidy Forbes of donations relative to legislative activity. Boozman Castle Fortenberry Whereas, Roll Call has taken note of the 185, answered ‘‘present’’ 16, not voting Boustany Chaffetz Foster timing of contributions from employees of 13, as follows: Brady (TX) Childers Foxx

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.045 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4284 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Franks (AZ) Linder Rehberg privilege and honor of serving with the Lee (CA) Napolitano Serrano Frelinghuysen LoBiondo Reichert Speaker when I first came here back in Lewis (GA) Neal (MA) Sestak Gallegly Loebsack Roe (TN) Lipinski Nye Shea-Porter Garrett (NJ) Lucas Rogers (AL) 1982. He was always accessible, fair, Loebsack Oberstar Shuler Gerlach Luetkemeyer Rogers (KY) and a great leader. Lofgren, Zoe Obey Sires Giffords Lummis Rogers (MI) We are just so happy, Mr. Speaker, Lowey Olver Skelton Gingrey (GA) Lungren, Daniel ´ Rooney that you’re with us today and continue Lujan Ortiz Slaughter Gohmert E. Ros-Lehtinen Lynch Pastor (AZ) Smith (WA) Goodlatte Mack Roskam to give the Texas delegation, and other Maffei Payne Snyder Granger Manzullo Royce Members, a lot of good input and a lot Maloney Perlmutter Space Graves Marchant Ryan (WI) of history. We’re happy to have you Markey (CO) Perriello Speier Guthrie Matheson Markey (MA) Peters Spratt Scalise with us. Hall (TX) McCarthy (CA) Schmidt Marshall Peterson Stark Halvorson McCaul Schock Mr. DOGGETT. Madam Speaker, Massa Pingree (ME) Stupak Harper McClintock Sensenbrenner Speaker Jim Wright, for both all those, Matheson Polis (CO) Sutton Heller McCotter Sessions Matsui Pomeroy Tanner Hensarling McHenry who have had not a chance to serve Shadegg McCarthy (NY) Price (NC) Tauscher Herger McHugh with him, he’s here to say hello as well Shimkus McCollum Rahall Teague Herseth Sandlin McIntyre McDermott Rangel Thompson (CA) Simpson as to colleagues with whom he served, Hill McKeon McGovern Reyes Titus Smith (NE) like old RALPH HALL over there and Himes McMorris McIntyre Richardson Tonko Smith (NJ) Hodes Rodgers others of our colleagues. McMahon Rodriguez Towns Smith (TX) Hoekstra McNerney McNerney Ross Tsongas Smith (WA) Hunter Mica f Meek (FL) Rothman (NJ) Van Hollen Inglis Miller (FL) Souder Meeks (NY) Roybal-Allard Vela´ zquez Issa Miller (MI) Stearns ANNOUNCEMENT BY THE SPEAKER Melancon Ruppersberger Visclosky Jenkins Minnick Sullivan Michaud Rush Walz Johnson (IL) Mitchell Teague The SPEAKER. Without objection, 5- Miller (NC) Ryan (OH) Wasserman Johnson, Sam Moran (KS) Terry minute voting will continue. Miller, George Salazar Schultz Jordan (OH) Neugebauer Thompson (PA) There was no objection. Mitchell Sa´ nchez, Linda Watson Kind Nunes Thornberry Mollohan T. Watt King (IA) Olson Tiahrt f Moore (KS) Sarbanes Waxman King (NY) Paul Tiberi Moore (WI) Schakowsky Weiner Kingston Paulsen Turner PROVIDING FOR CONSIDERATION Moran (VA) Schiff Wexler Kirk Pence Upton Murphy (CT) Schrader Wilson (OH) Kirkpatrick (AZ) Perriello Visclosky OF H. CON. RES. 85, CONCURRENT Murphy, Patrick Schwartz Woolsey Kosmas Petri Walz RESOLUTION ON THE BUDGET Murtha Scott (GA) Wu Lamborn Pitts Wamp FOR FISCAL YEAR 2010 Nadler (NY) Scott (VA) Yarmuth Lance Platts Whitfield LaTourette Posey Wilson (SC) The SPEAKER. The unfinished busi- NAYS—179 Latta Price (GA) Wittman ness is the vote on adoption of House Lee (NY) Putnam Wolf Aderholt Fortenberry McMorris Lewis (CA) Radanovich Young (FL) Resolution 305, on which the yeas and Akin Foxx Rodgers nays were ordered. Alexander Franks (AZ) Mica ANSWERED ‘‘PRESENT’’—16 The Clerk read the title of the resolu- Austria Frelinghuysen Miller (FL) Barrett (SC) Dent Myrick Bachmann Gallegly Miller (MI) tion. Bachus Minnick Bonner Diaz-Balart, L. Poe (TX) Garrett (NJ) The SPEAKER pro tempore (Mrs. Barrett (SC) Moran (KS) Butterfield Hastings (WA) Walden Gerlach Barrow Murphy, Tim Castor (FL) Kline (MN) Welch TAUSCHER). The question is on the reso- Gingrey (GA) Chandler Latham lution. Bartlett Gohmert Myrick Conaway Lofgren, Zoe Biggert Goodlatte Neugebauer This will be a 5-minute vote. Bilbray Granger Nunes NOT VOTING—13 The vote was taken by electronic de- Bilirakis Graves Olson Bishop (UT) Paul Barton (TX) Miller, Gary Shuster vice, and there were—yeas 234, nays Guthrie Blackburn Paulsen Becerra Pallone Thompson (MS) Hall (TX) 179, not voting 18, as follows: Blunt Pence Kaptur Pascrell Harper Westmoreland Boehner Petri Larson (CT) Sanchez, Loretta [Roll No. 176] Hastings (WA) Bonner Pitts Levin Schauer Heller YEAS—234 Bono Mack Platts Hensarling Abercrombie Conyers Grijalva Boozman Poe (TX) b 1359 Herger Ackerman Cooper Gutierrez Boustany Posey Hoekstra Messrs. DEAL of Georgia and McIN- Adler (NJ) Costa Hall (NY) Brady (TX) Price (GA) Hunter Altmire Costello Halvorson Broun (GA) Putnam TYRE changed their vote from ‘‘yea’’ Inglis Andrews Courtney Hare Brown (SC) Radanovich to ‘‘nay.’’ Issa Arcuri Crowley Harman Brown-Waite, Rehberg Jenkins Mr. GORDON of Tennessee changed Baca Cuellar Hastings (FL) Ginny Reichert Johnson (IL) his vote from ‘‘nay’’ to yea.’’ Baird Cummings Heinrich Buchanan Roe (TN) Johnson, Sam Baldwin Dahlkemper Herseth Sandlin Burgess Rogers (AL) So the motion to table was agreed to. Jones The result of the vote was announced Bean Davis (AL) Higgins Burton (IN) Rogers (KY) Becerra Davis (CA) Hill Buyer Jordan (OH) Rogers (MI) as above record. Berkley Davis (IL) Himes Calvert King (IA) Rohrabacher A motion to reconsider was laid on Berman Davis (TN) Hinchey Camp King (NY) Rooney Kingston the table. Berry DeFazio Hinojosa Campbell Ros-Lehtinen Bishop (GA) DeGette Hirono Cantor Kirk Roskam f Bishop (NY) Delahunt Hodes Cao Kline (MN) Royce Blumenauer DeLauro Holden Capito Kucinich Ryan (WI) WELCOMING FORMER SPEAKER Boccieri Dicks Holt Carter Lamborn Scalise JIM WRIGHT Boren Dingell Hoyer Cassidy Lance Schock Boswell Donnelly (IN) Inslee Castle Latham Sensenbrenner (Mr. DOGGETT asked and was given Boucher Doyle Israel Chaffetz LaTourette Sessions permission to address the House for 1 Boyd Driehaus Jackson (IL) Childers Latta Shadegg minute.) Brady (PA) Edwards (MD) Jackson-Lee Coble Lee (NY) Shimkus Mr. DOGGETT. Madam Speaker, on Braley (IA) Edwards (TX) (TX) Coffman (CO) Lewis (CA) Shuster Bright Ellison Johnson (GA) Cole Linder Simpson behalf of the Texas congressional dele- Brown, Corrine Ellsworth Johnson, E. B. Conaway LoBiondo Smith (NE) gation—the Democrats in that delega- Butterfield Engel Kagen Crenshaw Lucas Smith (NJ) tion—this is a proud day for us to wel- Capps Eshoo Kanjorski Culberson Luetkemeyer Smith (TX) come a distinguished Texan who rose Capuano Etheridge Kaptur Davis (KY) Lummis Souder Cardoza Farr Kennedy Deal (GA) Lungren, Daniel Stearns from Weatherford, Texas, to serve here Carnahan Fattah Kildee Dent E. Sullivan with the legendary Sam Rayburn and Carney Filner Kilpatrick (MI) Diaz-Balart, L. Mack Taylor then to preside over this Chamber. Carson (IN) Foster Kilroy Diaz-Balart, M. Manzullo Terry Castor (FL) Fudge Kind Dreier Marchant Thompson (PA) To formally introduce him, I would Chandler Giffords Kirkpatrick (AZ) Duncan McCarthy (CA) Thornberry yield to the dean of our delegation, Clarke Gonzalez Kissell Ehlers McCaul Tiahrt Congressman ORTIZ. Clay Gordon (TN) Klein (FL) Emerson McClintock Tiberi Mr. ORTIZ. Thank you. What an Cleaver Grayson Kosmas Fallin McCotter Turner Clyburn Green, Al Kratovil Flake McHenry Upton honor today, Madam Speaker, to have Cohen Green, Gene Langevin Fleming McHugh Walden a great American among us. I had the Connolly (VA) Griffith Larsen (WA) Forbes McKeon Wamp

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.012 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4285 Whitfield Wittman Young (AK) McNerney Rahall Spratt NOT VOTING—19 Wilson (SC) Wolf Young (FL) Meek (FL) Reyes Stark Barton (TX) Levin Sanchez, Loretta Meeks (NY) Richardson Stupak NOT VOTING—18 Berman Lofgren, Zoe Schauer Melancon Rodriguez Sutton Brown, Corrine Miller, Gary Schmidt Barton (TX) Miller, Gary Sherman Michaud Ross Tanner Burgess Oberstar Doggett Pallone Thompson (MS) Thompson (MS) Miller (NC) Rothman (NJ) Tauscher Kingston Pallone Frank (MA) Pascrell Tierney Westmoreland Miller, George Roybal-Allard Taylor Klein (FL) Pascrell Honda Sanchez, Loretta Waters Mitchell Ruppersberger Teague Larson (CT) Rangel Larson (CT) Schauer Welch Mollohan Rush Thompson (CA) Levin Schmidt Westmoreland Moore (KS) Ryan (OH) Tierney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Moore (WI) Salazar Titus The SPEAKER pro tempore (Mr. ´ Moran (VA) Sanchez, Linda Tonko JACKSON of Illinois) (during the vote). The SPEAKER pro tempore (during Murphy (CT) T. Towns the vote). There are 2 minutes remain- Murphy, Patrick Sarbanes Tsongas There are 2 minutes remaining in this ing on this vote. Murtha Schakowsky Van Hollen vote. Nadler (NY) Schiff Vela´ zquez b 1409 Napolitano Schrader Visclosky b 1417 Neal (MA) Schwartz Walz So the resolution was agreed to. So the resolution was agreed to. Nye Scott (GA) Wasserman The result of the vote was announced Obey Scott (VA) Schultz The result of the vote was announced as above recorded. Olver Serrano Waters as above recorded. A motion to reconsider was laid on Ortiz Sestak Watson A motion to reconsider was laid on Pastor (AZ) Shea-Porter the table. Watt the table. Payne Sherman Waxman Perlmutter Shuler f Weiner f Perriello Sires Welch PROVIDING FOR CONSIDERATION Peters Skelton Wexler END GOVERNMENT REIMBURSE- Peterson Slaughter Wilson (OH) OF H.R. 1664, PAY FOR PERFORM- Pingree (ME) Smith (WA) MENT OF EXCESSIVE EXECUTIVE Woolsey DISBURSEMENTS (END THE ANCE ACT Polis (CO) Snyder Wu Pomeroy Space Yarmuth GREED) ACT The SPEAKER pro tempore. The un- Price (NC) Speier finished business is the vote on adop- The SPEAKER pro tempore. The un- tion of House Resolution 306, on which NAYS—175 finished business is the vote on the mo- the yeas and nays were ordered. Aderholt Gallegly Moran (KS) tion to suspend the rules and pass the The Clerk read the title of the resolu- Akin Garrett (NJ) Murphy, Tim bill, H.R. 1575, as amended, on which tion. Alexander Gerlach Myrick the yeas and nays were ordered. The SPEAKER pro tempore. The Austria Gingrey (GA) Neugebauer The Clerk read the title of the bill. Bachmann Gohmert Nunes question is on the resolution. Bachus Goodlatte Olson The SPEAKER pro tempore. The This is a 5-minute vote. Barrett (SC) Granger Paul question is on the motion offered by The vote was taken by electronic de- Bartlett Graves Paulsen the gentleman from Michigan (Mr. Biggert Guthrie vice, and there were—yeas 236, nays Pence CONYERS) that the House suspend the Bilbray Hall (TX) Petri Bilirakis Harper rules and pass the bill, H.R. 1575, as 175, answered ‘‘present’’ 1, not voting Pitts Bishop (UT) Hastings (WA) 19, as follows: Platts amended. Blackburn Heller Poe (TX) This is a 5-minute vote. [Roll No. 177] Blunt Hensarling Posey YEAS—236 Boehner Herger The vote was taken by electronic de- Bonner Hill Price (GA) vice, and there were—yeas 223, nays Abercrombie Dahlkemper Hirono Putnam Bono Mack Hoekstra 196, not voting 12, as follows: Ackerman Davis (AL) Hodes Boozman Hunter Radanovich Adler (NJ) Davis (CA) Holden Boustany Inglis Rehberg [Roll No. 178] Altmire Davis (IL) Holt Brady (TX) Issa Reichert YEAS—223 Andrews Davis (TN) Honda Braley (IA) Jenkins Roe (TN) Arcuri DeFazio Hoyer Broun (GA) Johnson (IL) Rogers (AL) Abercrombie Dahlkemper Heinrich Baca DeGette Inslee Brown (SC) Johnson, Sam Rogers (KY) Adler (NJ) Davis (AL) Herseth Sandlin Baird Delahunt Israel Brown-Waite, Jones Rogers (MI) Altmire Davis (CA) Higgins Baldwin DeLauro Jackson (IL) Ginny Jordan (OH) Rohrabacher Andrews Davis (IL) Hill Barrow Dicks Jackson-Lee Buchanan King (IA) Rooney Arcuri Davis (TN) Hinchey Bean Dingell (TX) Burton (IN) King (NY) Ros-Lehtinen Baca DeFazio Hinojosa Becerra Doggett Johnson (GA) Baird DeGette Hirono Buyer Kirk Roskam Berkley Donnelly (IN) Johnson, E. B. Baldwin Delahunt Hodes Calvert Kirkpatrick (AZ) Royce Berry Doyle Kagen Barrow DeLauro Holden Camp Kline (MN) Ryan (WI) Bishop (GA) Driehaus Kanjorski Becerra Diaz-Balart, L. Holt Campbell Lamborn Scalise Bishop (NY) Edwards (MD) Kaptur Berkley Diaz-Balart, M. Honda Cao Lance Schock Blumenauer Edwards (TX) Kennedy Capito Latham Berman Dicks Hoyer Boccieri Ellison Kildee Sensenbrenner Berry Dingell Inslee Carter LaTourette Sessions Boren Ellsworth Kilpatrick (MI) Cassidy Latta Bishop (GA) Doggett Israel Boswell Engel Kilroy Shadegg Bishop (NY) Donnelly (IN) Jackson (IL) Castle Lee (NY) Shimkus Boucher Eshoo Kind Chaffetz Lewis (CA) Blumenauer Doyle Jackson-Lee Boyd Etheridge Kissell Shuster Boccieri Driehaus (TX) Coble Linder Simpson Brady (PA) Farr Kosmas Coffman (CO) LoBiondo Boswell Duncan Johnson (GA) Smith (NE) Bright Fattah Kratovil Cole Lucas Boucher Edwards (MD) Johnson, E. B. Smith (NJ) Butterfield Filner Kucinich Conaway Luetkemeyer Boyd Edwards (TX) Jones Smith (TX) Capps Foster Langevin Crenshaw Lummis Brady (PA) Ellison Kagen Souder Capuano Frank (MA) Larsen (WA) Culberson Lungren, Daniel Braley (IA) Engel Kaptur Stearns Cardoza Fudge Lee (CA) Davis (KY) E. Brown, Corrine Eshoo Kennedy Carnahan Giffords Lewis (GA) Deal (GA) Mack Sullivan Butterfield Etheridge Kildee Carney Gonzalez Lipinski Dent Manzullo Terry Cao Farr Kilroy Carson (IN) Gordon (TN) Loebsack Diaz-Balart, L. Marchant Thompson (PA) Capps Fattah Kissell Castor (FL) Grayson Lowey Diaz-Balart, M. McCarthy (CA) Thornberry Capuano Filner Klein (FL) ´ Chandler Green, Al Lujan Dreier McCaul Tiahrt Carnahan Frank (MA) Kosmas Childers Green, Gene Lynch Duncan McClintock Tiberi Carney Fudge Kratovil Clarke Griffith Maffei Ehlers McCotter Turner Carson (IN) Giffords Kucinich Clay Grijalva Maloney Emerson McHenry Upton Castor (FL) Gonzalez Langevin Cleaver Gutierrez Markey (CO) Fallin McHugh Walden Chandler Gordon (TN) Larsen (WA) Clyburn Hall (NY) Markey (MA) Flake McKeon Wamp Clarke Grayson Lee (CA) Cohen Halvorson Marshall Fleming McMorris Whitfield Clay Green, Al Lewis (GA) Connolly (VA) Hare Massa Forbes Rodgers Wilson (SC) Cleaver Green, Gene Lipinski Conyers Harman Matheson Fortenberry Mica Wittman Clyburn Grijalva Loebsack Cooper Hastings (FL) Matsui Foxx Miller (FL) Wolf Cohen Gutierrez Lofgren, Zoe Costa Heinrich McCarthy (NY) Franks (AZ) Miller (MI) Young (AK) Connolly (VA) Hall (NY) Lowey ´ Costello Herseth Sandlin McCollum Frelinghuysen Minnick Young (FL) Conyers Hall (TX) Lujan Courtney Higgins McDermott Cooper Halvorson Lynch Crowley Himes McGovern ANSWERED ‘‘PRESENT’’—1 Costello Hare Maffei Cuellar Hinchey McIntyre Courtney Harman Maloney Cummings Hinojosa McMahon Cantor Cummings Hastings (FL) Markey (CO)

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.013 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4286 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Markey (MA) Polis (CO) Smith (WA) Whitfield Wolf Young (FL) The SPEAKER. The question is on Massa Pomeroy Space Wilson (SC) Wu the motion offered by the gentleman Matsui Price (NC) Speier Wittman Young (AK) McDermott Rahall from Michigan (Mr. CONYERS) that the Spratt NOT VOTING—12 McGovern Rangel Stark House suspend the rules and agree to McIntyre Reyes Stupak Barton (TX) Miller, Gary Schauer the resolution, H. Res. 290. McNerney Richardson Kilpatrick (MI) Pallone Schmidt Sutton This will be a 5-minute vote. Meek (FL) Rodriguez Tanner Larson (CT) Pascrell Thompson (MS) Melancon Rogers (KY) Taylor Levin Sanchez, Loretta Westmoreland The vote was taken by electronic de- Michaud Rohrabacher Teague Miller (NC) Ros-Lehtinen ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vice, and there were—yeas 417, nays 0, Thompson (CA) Miller, George Ross not voting 15, as follows: Tierney The SPEAKER pro tempore (during Mollohan Rothman (NJ) the vote). There are 2 minutes remain- Moore (KS) Roybal-Allard Titus [Roll No. 179] Moore (WI) Ruppersberger Tonko ing on this vote. YEAS—417 Moran (VA) Rush Towns Murphy (CT) Ryan (OH) Van Hollen b 1427 Abercrombie Conyers Herseth Sandlin Ackerman Cooper Higgins Murphy, Patrick Salazar Vela´ zquez Messrs. CARDOZA, COSTA, KIND, Murtha Sa´ nchez, Linda Visclosky Aderholt Costa Hill Napolitano T. Walz and NADLER of New York changed Adler (NJ) Costello Himes Neal (MA) Sarbanes Wasserman their vote from ‘‘yea’’ to ‘‘nay.’’ Akin Courtney Hinchey Alexander Nye Schakowsky Schultz Crenshaw Hinojosa Mr. HILL changed his vote from Altmire Crowley Hirono Oberstar Schiff Waters ‘‘nay’’ to ‘‘yea.’’ Andrews Cuellar Hodes Obey Schwartz Watson Arcuri Culberson Hoekstra Olver Scott (GA) Watt So (two-thirds not being in the af- Ortiz Scott (VA) firmative) the motion was rejected. Austria Cummings Holden Waxman Baca Dahlkemper Holt Pastor (AZ) Serrano Weiner The result of the vote was announced Payne Bachmann Davis (AL) Honda Shea-Porter Welch Perlmutter Sherman as above recorded. Bachus Davis (CA) Hoyer Wexler Perriello Shuler Baird Davis (IL) Hunter Wilson (OH) f Peters Sires Baldwin Davis (KY) Inglis Peterson Skelton Woolsey PERSONAL EXPLANATION Barrett (SC) Davis (TN) Inslee Pingree (ME) Slaughter Yarmuth Barrow Deal (GA) Israel Mr. LARSON of Connecticut. Mr. Speaker, Bartlett DeFazio Issa NAYS—196 Bean DeGette Jackson (IL) today I was unable to attend four votes due to Becerra Delahunt Jackson-Lee Ackerman Foster McMahon my presence at a funeral in New Jersey. I Berkley DeLauro (TX) Aderholt Foxx McMorris would have voted ‘‘yes’’ for the following Berman Dent Jenkins Akin Franks (AZ) Rodgers missed votes: Berry Diaz-Balart, L. Johnson (GA) Alexander Frelinghuysen Meeks (NY) Biggert Diaz-Balart, M. Johnson (IL) Austria Gallegly Mica On the motion to table H. Res. 312, on rais- Bilbray Dicks Johnson, E. B. Bachmann Garrett (NJ) Miller (FL) ing a question of the privileges of the House Bilirakis Dingell Johnson, Sam Bachus Gerlach Miller (MI) (rollcall vote 175); on agreeing to H. Res. 305, Bishop (GA) Doggett Jones Barrett (SC) Gingrey (GA) Minnick Bishop (NY) Donnelly (IN) Jordan (OH) Bartlett Gohmert Mitchell a measure to consider H. Con. Res. 85, to set Bishop (UT) Doyle Kagen Bean Goodlatte Moran (KS) forth the congressional budget for the United Blackburn Dreier Kanjorski Biggert Granger Murphy, Tim States Government for fiscal year 2010 (roll- Blumenauer Driehaus Kaptur Bilbray Graves Myrick call vote 176); on agreeing to H. Res. 306, Blunt Duncan Kennedy Bilirakis Griffith Nadler (NY) Boccieri Edwards (MD) Kildee Bishop (UT) Guthrie Neugebauer providing for consideration of H.R. 1664, to Boehner Edwards (TX) Kilroy Blackburn Harper Nunes amend the executive compensation provisions Bonner Ehlers Kind Blunt Hastings (WA) Olson of the Emergency Economic Stabilization Act Bono Mack Ellison King (IA) Boehner Heller Paul Boozman Ellsworth King (NY) Bonner Hensarling Paulsen of 2008 (rollcall vote 177); and on the motion Boren Emerson Kingston Bono Mack Herger Pence to suspend the rules and pass the End Boswell Engel Kirk Boozman Himes Petri GREED Act (rollcall vote 178). Boucher Eshoo Kirkpatrick (AZ) Boren Hoekstra Pitts Boustany Etheridge Kissell Boustany Hunter Platts f Boyd Fallin Klein (FL) Brady (TX) Inglis Poe (TX) Brady (PA) Farr Kline (MN) Bright Issa Posey MOMENT OF SILENCE IN REMEM- Brady (TX) Fattah Kosmas Broun (GA) Jenkins Price (GA) BRANCE OF MEMBERS OF Braley (IA) Filner Kratovil Brown (SC) Johnson (IL) Putnam ARMED FORCES AND THEIR Bright Flake Kucinich Brown-Waite, Johnson, Sam Radanovich FAMILIES Broun (GA) Fleming Lamborn Ginny Jordan (OH) Rehberg Brown (SC) Forbes Lance Buchanan Kanjorski Reichert The SPEAKER. The Chair would ask Brown, Corrine Fortenberry Langevin Burgess Kind Roe (TN) all present to rise for the purpose of a Brown-Waite, Foster Larsen (WA) Burton (IN) King (IA) Rogers (AL) Ginny Foxx Larson (CT) Buyer King (NY) Rogers (MI) moment of silence. Buchanan Frank (MA) Latham Calvert Kingston Rooney The Chair asks that the House now Burgess Franks (AZ) Latta Camp Kirk Roskam observe a moment of silence in remem- Burton (IN) Frelinghuysen Lee (CA) Campbell Kirkpatrick (AZ) Royce Butterfield Fudge Lee (NY) Cantor Kline (MN) Ryan (WI) brance of our brave men and women in Buyer Gallegly Lewis (CA) Capito Lamborn Scalise uniform who have given their lives in Calvert Garrett (NJ) Lewis (GA) Cardoza Lance Schock the service of our Nation in Iraq and Camp Gerlach Linder Carter Latham Schrader Afghanistan and their families, and of Campbell Giffords Lipinski Cassidy LaTourette Sensenbrenner Cantor Gingrey (GA) LoBiondo Castle Latta Sessions all who serve in our Armed Forces and Cao Gohmert Loebsack Chaffetz Lee (NY) Sestak their families. Capito Gonzalez Lofgren, Zoe Childers Lewis (CA) Shadegg Capps Goodlatte Lowey Coble Linder Shimkus f Capuano Gordon (TN) Lucas Coffman (CO) LoBiondo Shuster ANNOUNCEMENT BY THE SPEAKER Cardoza Granger Luetkemeyer Cole Lucas Simpson Carnahan Graves Luja´ n Conaway Luetkemeyer Smith (NE) The SPEAKER. Without objection, 5- Carney Grayson Lummis Costa Lummis Smith (NJ) minute voting will continue. Carson (IN) Green, Al Lungren, Daniel Crenshaw Lungren, Daniel Smith (TX) Carter Griffith E. Crowley E. Snyder There was no objection. Cassidy Grijalva Lynch Cuellar Mack Souder f Castle Guthrie Mack Culberson Manzullo Stearns Castor (FL) Gutierrez Maffei Davis (KY) Marchant Sullivan HONORING FOUR SLAIN OAKLAND Chaffetz Hall (NY) Maloney Deal (GA) Marshall Tauscher Chandler Hall (TX) Manzullo Dent Matheson Terry POLICE OFFICERS Childers Halvorson Marchant Dreier McCarthy (CA) Thompson (PA) The SPEAKER. The unfinished busi- Clay Hare Markey (CO) Ehlers McCarthy (NY) Thornberry Cleaver Harman Markey (MA) Ellsworth McCaul Tiahrt ness is the vote on the motion to sus- Clyburn Harper Marshall Emerson McClintock Tiberi pend the rules and agree to the resolu- Coble Hastings (FL) Massa Fallin McCollum Tsongas tion, H. Res. 290, on which the yeas and Coffman (CO) Hastings (WA) Matheson Flake McCotter Turner nays were ordered. Cohen Heinrich Matsui Fleming McHenry Upton Cole Heller McCarthy (CA) Forbes McHugh Walden The Clerk read the title of the resolu- Conaway Hensarling McCarthy (NY) Fortenberry McKeon Wamp tion. Connolly (VA) Herger McCaul

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.021 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4287 McClintock Platts Slaughter XVIII, the Chair declares the House in stitutions that have taken capital in- McCollum Poe (TX) Smith (NE) McCotter Polis (CO) Smith (NJ) the Committee of the Whole House on vestments from the taxpayer, and they McDermott Pomeroy Smith (TX) the state of the Union for the consider- are commonsense restrictions. Pay McGovern Posey Smith (WA) ation of the bill, H.R. 1664. cannot be excessive or unreasonable, McHenry Price (GA) Snyder and bonuses must be based on perform- McHugh Price (NC) Souder b 1438 McIntyre Putnam Space ance standards. If the banks want to McKeon Radanovich Speier IN THE COMMITTEE OF THE WHOLE avoid, for some reason, these common- McMahon Rahall Spratt Accordingly, the House resolved sense restrictions, there’s a very sim- McMorris Rangel Stark itself into the Committee of the Whole Rodgers Rehberg Stearns ple way for them to do so. Just pay the McNerney Reichert Stupak House on the state of the Union for the bailout money back to the government, Meek (FL) Reyes Sullivan consideration of the bill (H.R. 1664) to and that’s what the banks say they Meeks (NY) Richardson Sutton amend the executive compensation want to do. I know that taxpayers in Melancon Rodriguez Tanner provisions of the Emergency Economic Mica Roe (TN) Tauscher my district will happily take it back. Michaud Rogers (AL) Taylor Stabilization Act of 2008 to prohibit un- The CHAIR. The time of the gen- Miller (FL) Rogers (KY) Teague reasonable and excessive compensation tleman has expired. Miller (MI) Rogers (MI) Terry and compensation not based on per- Mr. FRANK of Massachusetts. I yield Miller (NC) Rohrabacher Thompson (CA) ACKSON Miller, George Rooney Thompson (PA) formance standards, with Mr. J the gentleman an additional 30 sec- Minnick Ros-Lehtinen Thornberry of Illinois in the chair. onds. Mitchell Roskam Tiahrt The Clerk read the title of the bill. Mr. GRAYSON. I asked the CEO of Mollohan Ross Tiberi The CHAIR. Pursuant to the rule, the Moore (KS) Rothman (NJ) Tierney AIG when he came to testify before the Moore (WI) Roybal-Allard Titus bill is considered read the first time. Financial Services Committee, is it Moran (KS) Royce Tonko The gentleman from Massachusetts more important to protect bank execu- Murphy (CT) Ruppersberger Towns (Mr. FRANK) and the gentleman from tives who have lost billions of dollars Murphy, Patrick Rush Tsongas Georgia (Mr. PRICE) each will control Murphy, Tim Ryan (OH) Turner and still get millions of dollars worth Murtha Ryan (WI) Upton 30 minutes. of pay, or to protect us? The answer to Myrick Salazar Van Hollen The Chair recognizes the gentleman that question is now before this body, Nadler (NY) Sa´ nchez, Linda Vela´ zquez from Massachusetts. Napolitano T. Visclosky and I know which side I’m on. Neal (MA) Sarbanes Walden Mr. FRANK of Massachusetts. Mr. Mr. PRICE of Georgia. Mr. Chairman, Neugebauer Scalise Walz Chairman, I want to begin by recog- I am pleased to yield 1 minute to my Nunes Schakowsky Wamp nizing the two Members who are the friend from Texas (Mr. CULBERSON). Nye Schiff Wasserman main authors of this bill, and I will Oberstar Schock Schultz Mr. CULBERSON. Mr. Chairman, the Obey Schrader Waters begin with 2 minutes for the gentleman bill before the House is simply political Olson Schwartz Watson from Florida (Mr. GRAYSON). cover for liberals who rushed their $800 Olver Scott (GA) Watt Mr. GRAYSON. Mr. Chairman, we Ortiz Scott (VA) Waxman billion stimulus bill through the Pastor (AZ) Sensenbrenner Weiner offer H.R. 1664, the Pay for Perform- House, ensuring these AIG bonuses Paul Serrano Welch ance Act. The Pay for Performance Act would be paid. You know, Mr. Chair- Paulsen Sessions Wexler is based on two simple concepts: 1, no man, if the Members had more than 12 Payne Sestak Whitfield one has the right to get rich off tax- Pelosi Shadegg Wilson (OH) hours to read this 1,100 page, $800 bil- Pence Shea-Porter Wilson (SC) payer money, and 2, no one should get lion stimulus bill, we might have been Perlmutter Sherman Wittman rich off abject failure. able to spot problems like this before Perriello Shimkus Wolf The U.S. Government spent $170 bil- Members were forced to vote. And in Peters Shuler Woolsey lion to stabilize AIG, and it now owns Peterson Shuster Wu fact, Mr. Chairman, one of the Mem- Petri Simpson Yarmuth 80 percent of that company. Yet re- bers who voted for this stimulus bill is Pingree (ME) Sires Young (AK) cently AIG paid more than $165 million the sponsor of the legislation before us, Pitts Skelton Young (FL) in bonuses to 73 employees with this Mr. GRAYSON. I’d like to ask the gen- NOT VOTING—15 taxpayer money. We should not be pay- tleman from Florida if he would yield Barton (TX) Levin Sanchez, Loretta ing an arsonist to put out his own fire, for a question. I will yield my time, Clarke Miller, Gary Schauer and we should not be paying an execu- Mr. GRAYSON. I’d like to yield to you, Green, Gene Moran (VA) Schmidt tive to ruin his own bank. Kilpatrick (MI) Pallone Thompson (MS) please, sir, for a question please, sir. LaTourette Pascrell Westmoreland Mr. Chairman, an economy in which Mr. GRAYSON, thank you very much. a bank executive can line his own b 1437 Because I would like to ask the gen- pockets by destroying his company tleman from Florida—I thank you, Mr. So (two-thirds being in the affirma- with risky bets is an economy that will GRAYSON. If I could, before I yield, very tive) the rules were suspended and the spiral downward to failure. And a gov- quickly, if I could, sir, would you resolution was agreed to. ernment that hands out money to such please answer yes or no if you read the The result of the vote was announced executives is a government that fails 1,100-page stimulus bill before the vote. as above recorded. to protect its own taxpayers. The CHAIR. The time of the gen- A motion to reconsider was laid on H.R. 1664 is designed to allow respon- tleman has expired. the table. sible compensation to those who work Mr. PRICE of Georgia. I yield the f for companies running on taxpayer gentleman an additional minute. money. The bill freezes current bonus GENERAL LEAVE Mr. CULBERSON. Did you read the payments for executives and employees bill before the vote? Mr. FRANK of Massachusetts. Mr. of companies that have accepted cap- Speaker, I ask unanimous consent that ital investments from the TARP pro- b 1445 all Members have 5 legislative days, on gram until that investment capital is Mr. CULBERSON. There is your an- H.R. 1664, to revise and extend their repaid back to the government. It allows swer, Mr. Chairman. marks and insert into the RECORD ex- for new compensation and bonus ar- It is, I think, a terrible injustice to traneous material thereon. rangements to be made, as long as they the taxpayers of America that the lib- The SPEAKER pro tempore (Mr. are based on performance standards eral leadership of this House is jam- HIMES). Is there objection to the re- and are not excessive or unreasonable. ming through $800 billion spending bills quest of the gentleman from Massachu- These standards must be crafted by the with very few committee hearings, setts? Treasury Secretary within 30 days and with less than 12-hours’ notice, without There was no objection. approved by the Federal Financial In- the opportunity for Members to read f stitutions Examination Council. the bill, with a majority that promised Our job is to act on behalf of tax- to be the most transparent, account- PAY FOR PERFORMANCE ACT payers to fix our economy, and we do able and honest majority in Congress The SPEAKER pro tempore. Pursu- so today with this bill. The restrictions in history, underneath a President who ant to House Resolution 306 and rule in this bill apply only to financial in- promised that he would not sign a bill

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.022 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4288 CONGRESSIONAL RECORD — HOUSE April 1, 2009 that was not laid out for at least 5 leg- happened before the break. This bill nally, of course, given money under the islative days. The Member from Flor- undoes what happened before the break Bush administration, by the Bush-ap- ida walks away from the microphone, and makes it a nullity. They at some pointed head of the Federal Reserve the author of the amendment before us, point, Mr. Chairman, have to outgrow and with the approval of the Bush-ap- who cannot even tell us if he read the the security blanket. pointed Secretary of the Treasury. It bill. Now, of course, here is the real prob- later got TARP funds. American taxpayers deserve better in lem. They do not want to vote for a bill From the Senate, from the Senator a time of economic crisis. When we are that restricts excessive pay and unrea- of Connecticut, we then saw restric- guardians of the Treasury, our respon- sonable bonuses. The gentleman from tions. He deserves credit for adding re- sibility is as trustees—to protect our Texas has now had a chance to read the strictions when no one else had pushed children and grandchildren from finan- bill and has a question for me about for them. He did not get all of the re- cial ruin. In 60 days, Mr. Chairman, this bill. strictions that he should have gotten, this liberal majority has spent over $1.3 Mr. CULBERSON. Will the gen- which was because of other people ob- trillion, money our kids cannot afford. tleman yield? jecting. There was a requirement that The CHAIR. The time of the gen- Mr. FRANK of Massachusetts. Yes. the restrictions not be retroactive. tleman has expired. Mr. CULBERSON. Mr. Chairman, Members complained about that. This Mr. FRANK of Massachusetts. Reg- truly, in all sincerity, I would ask only bill fixes it. Let me emphasize again: ular order. if you as chairman would promise us This bill undoes the exemption of ret- The CHAIR. Members should address that you would lay these bills out for roactive bonuses from the darned lan- the Chair even when engaged in a col- 72 hours before the vote so that the guage. I don’t understand why people loquy. American people could read the bill. are opposed. Mr. FRANK of Massachusetts. Mr. My objection is to the 1,100-page $800 Mr. CULBERSON. Would the gen- Chairman, I will yield myself as much billion stimulus which was laid out for tleman yield? time as I may consume. 12 hours. Mr. FRANK of Massachusetts. No. This is really extraordinary. What Mr. FRANK of Massachusetts. I will Let me explain this to the gentleman you have just heard is a denunciation take back my time to say that this is from Texas. I yielded to him twice. I of something that was done by the Con- the bill that came out of the Financial am not going to continue to let the gress a few weeks ago and a refusal to Services Committee, and this was not gentleman from Texas evade the issue undo it. I have never seen people, Mr. out for 72 hours. It was out for much by not debating this bill. He has his Chairman, so attached to something more than 72 hours. We, in fact, own time. I am not going to waste the they hate. This is presumably a psy- marked up the bill, with amendments, limited time we have to explain this chological disorder which I am not in an open markup last Wednesday. We bill with this kind of continued lament equipped to diagnose. voted on it on Thursday. for the passage of a complaint. What the bill says—and what I want The objection of the gentleman from Mr. CULBERSON. Thank you. to stress—is that it is only for people Texas was that, when the recovery bill Mr. FRANK of Massachusetts. No. who get capital funds under the TARP. was passed, it was passed too quickly. I’m sorry. The gentleman wants to de- This does not interfere with small busi- We signed it that night. It included a bate a bill that was passed in February. ness lending. It does not interfere with provision that should not have been in He can have all of the Special Orders people participating in the impaired there. This bill takes it out. It takes it he wants in order to beat that dead asset program, and I can guarantee out in a way that makes sure it will horse, because it is a dead horse, Mr. that it will not be so extended. have had no effect, because it dealt Chairman. This bill that he does not It says, if you get a capital contribu- with something in the past, and it is want to debate the merits of, that he is tion under the TARP bill, as long as undone by this. probably prepared to vote against and you have that contribution, you cannot Speaking about being undone, my is looking for some reason to, undoes make payments that are excessive and Republican colleagues were being un- what was done back then for the recipi- unreasonable. You can give bonuses if done by the loss of their whipping boy. ents of TARP funds. So that is the they are performance-based, and it re- Mr. CULBERSON. Mr. Chairman, will issue. This bill was marked up in com- peals what the Republicans have been you yield? mittee. It was fully debated in com- complaining about. Mr. FRANK of Massachusetts. I will mittee. Mr. Chairman, in closing, let me say yield. Mr. CULBERSON. This bill—— I condole them on their loss. Their at- Mr. CULBERSON. Mr. Chairman, Mr. FRANK of Massachusetts. I’m tachment to what they hated is truly truly, all we ask is for transparency. sorry. The gentleman has twice asked impressive, but they are going to have All we ask is for time for the taxpayers me to yield for questions. to live with the fact that we are going and for the people of America to read The CHAIR. The gentleman from to undo that and that they are now the bill. Massachusetts controls the time. going to have to talk about what this Mr. FRANK of Massachusetts. I will Mr. FRANK of Massachusetts. I have bill does. take back my time. twice yielded to the gentleman for I reserve the balance of my time. The bill under consideration is 51⁄2 questions, which I must say, in all par- Mr. PRICE of Georgia. Mr. Chairman, pages. I believe even the gentleman liamentary decorum, to me, did not I yield 1 minute to the gentlewoman from Texas could have read it by now, seem to substantially add to the qual- from North Carolina (Ms. FOXX). and if the gentleman from Texas has ity of the debate, because we are on Ms. FOXX. Mr. Chairman, I do want not been able to read this 51⁄2-page bill, this bill that he does not want to talk to talk about this bill, but it is very I will talk long. Even if you read slow, about. This bill was out. It was de- difficult to talk about this bill without you’ll get it done. bated. It has been laid forth. We have also talking about the bill that it is The point is that this bill undoes amendments that will be considered to going to undo. What I would like to what he is complaining about. Note the be adopted that were also made public point out—and I am sorry I did not refusal to address the subject. The for some time. Here is the point: think of this sooner—is that this bill complaint was that the amendment in This bill addresses what Members on really is redundant, and if it is not po- the recovery package said that bonuses the other side complained about. Ap- litical theater, then I don’t understand in the past given by AIG or by anybody parently, they regret that fact. They why we have to have the words ‘‘execu- else would not be covered by the re- would rather complain than have us tive or employee’’ in this bill. I assume strictions in that bill. This undoes it. undo the source of their complaints, so that every executive is also an em- This takes it away. My colleagues on that is why they are dealing so unhap- ployee. If this bill is not written as po- the other side are kind of like kids who pily with this legislation. litical theater, then we would simply have had a toy bear or a blanket, and Now let me get back to the merits of say ‘‘any employee’’ because an execu- this security blanket means a lot to this bill. It says, if you have received tive is an employee. them. Their security blanket is being capital contributions under the TARP, So I would like to ask the gentleman able to complain about something that like AIG—AIG, by the way, was origi- from Massachusetts if he would ask the

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.068 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4289 Rules Committee to take a friendly I expect that compensation commit- ings, events and incentive travel orga- amendment to take out the word ‘‘ex- tees and boards of directors around this nized by a company to serve legitimate ecutive’’ because it is redundant. country will be very interested in those business purposes. Is that the chair- I would also like to point out that, guidelines because they know that it is man’s understanding? this morning, when I spoke about the their job to craft reasonable, perform- I yield to the chairman. sponsor of the bill and about his ambi- ance-based compensation for their Mr. FRANK of Massachusetts. Yes. tion to get this bill passed, I neglected companies and for their shareholders. This bill deals only with compensa- to say that I have heard that he has They have a fiduciary obligation to tion, not with travel. The gentlewoman told people he wants to be the first their shareholders. Like it or not, the referred to incentive travel. Any incen- freshman to pass a bill. That is very American people are now shareholders, tives that were performance-based ambitious, but I think he has found a and we, as their Representatives have a would be fully allowed. If by selling a good piece of political theater. clear fiduciary obligation to the Amer- certain number of things you earned a The CHAIR. The time of the gentle- ican taxpayer. We have a clear interest trip, that would be allowed. So it spe- woman has expired. in aligning the interests of the employ- cifically does not deal with travel for Mr. FRANK of Massachusetts. Reg- ees in the banks we now own with the the business. It would allow perform- ular order. interests of the American taxpayers. ance-based incentives for this or for The CHAIR. The gentleman from You do that through performance- any other purpose. Massachusetts controls the time. based compensation. You do that by b 1500 Mr. FRANK of Massachusetts. I supporting this bill that aligns pay thank you, Mr. Chairman. with performance. Ms. BERKLEY. I thank the gen- I now recognize for 2 minutes—— Mr. PRICE of Georgia. Mr. Chairman, tleman for clarifying the legislation Ms. FOXX. Mr. Chairman, would the and the language. gentleman yield? I yield 1 minute to the gentlewoman from North Carolina (Ms. FOXX). Mr. PRICE of Georgia. Mr. Chairman, The CHAIR. The gentleman from I am pleased to yield 5 minutes to the Massachusetts controls the time. Ms. FOXX. Mr. Chairman, Mr. HIMES is leaving, and I wanted to ask him a deputy ranking member of the Finan- Ms. FOXX. I was hoping he would cial Services Committee, the gen- ask—— question, but I noticed that the major- tleman from Texas (Mr. NEUGEBAUER). Mr. FRANK of Massachusetts. Reg- ity party is getting their Members off Mr. NEUGEBAUER. Mr. Chairman, I ular order, Mr. Chairman. the floor as quickly as they possibly The CHAIR. The gentleman from can today so that we do not have a guess we could call this a Big Govern- Massachusetts controls the time. chance to ask them any questions. ment week because we’re going to roll Mr. FRANK of Massachusetts. Mr. I believe that Mr. HIMES voted for the out a big budget, it has big deficits, in- Chairman, I am going to yield myself stimulus bill, and what I wanted to ask creases our national deficit to a larger 30 seconds to say: him was whether or not he had read the number, going to bring out big tax in- Apparently, there are two alternative bill before he had voted for it, but as I creases. strategies that the minority has in dis- said, I think they are doing a very good But you know, a lot of discussion has cussing this bill: one, discuss a bill job of getting their Members off the been had about all of the things that that was passed 6 weeks ago; two, ig- floor so they can’t be put on the record the Federal Government’s involving nore the rules of the House and just in any way. themselves in. And the word ‘‘outrage’’ talk whenever they feel like it. Neither Mr. FRANK of Massachusetts. Mr. keeps coming up. And many of us were one seems, to me, to advance debate. Chairman, I yield 2 minutes to the gen- outraged about the level of the bonuses I now yield 2 minutes for serious con- tlewoman from Nevada (Ms. BERKLEY). that we found out were being paid at versation to the gentleman from Con- Ms. BERKLEY. Mr. Chairman, I rise AIG. I think what—more than an out- necticut (Mr. HIMES). to engage Chairman FRANK in a col- rage about bonuses I think the Amer- Mr. HIMES. Mr. Chairman, I rise loquy. ican people are outraged at the level of today in support of H.R. 1664. This is a First, I want to state on the record money that’s being invested of their commonsense measure to protect that I have, in fact, read this bill, and hard-earned taxpayer money into these American taxpayers by making sure this colloquy is regarding this bill. entities. We find out that now the that their hard-earned dollars are used During the past few months, legiti- American people are investors in carefully and wisely in our efforts to mate business travel for meetings, banks, insurance companies, probably stabilize our financial institutions. Let events and incentive programs has dra- soon to be in the automobile business; us be very clear about one thing: No matically decreased across the coun- and in fact, you’re going to get an ex- one is happy that the TARP was nec- try, especially in my district of Las tended warranty from the United essary. We have far better uses for our Vegas. The decline is due, in part, to States Government. And what people money than stabilizing the very insti- the state of our economy but also to are wondering and are outraged about tutions that helped drive this economy the perception that Washington is is, when does this Big Government, Big into a ditch, but into a ditch it went, seeking to limit these legitimate busi- Brother, when is the end of this train? and we need to pull it out. ness practices. This negative percep- One of the concerns that I have is President Bush, Secretary Paulson tion has created an environment where that we now have—people were out- and this very House decided in October every business in the United States is raged about GSEs, and now we have of last year that we would pump bil- beginning to question whether or not TSEs, and that’s taxpayer-supported lions of dollars into these firms. Now, they should hold a meeting, an event entities. And people that used to get like it or not, the dollars are there. So or incentive travel programs. outraged in this body because we were the only question that matters is: As you know, Mr. Chairman, every trying to listen in on foreign enemies, Should we look after those dollars? canceled meeting or event means less worried about their individual rights— Should we, as the Representatives of business for the hotels, conference cen- and now we have no problem, though, the American people, look after their ters, restaurants, and small companies for the United States Government to dollars to make sure that they are used across the country that cater to busi- start determining what is reasonable wisely? The answer to that question ness travelers. Hardworking, middle- compensation in this country. must be ‘‘yes.’’ class Americans like those in my dis- Am I outraged about the bonuses? I H.R. 1664 says one thing to TARP re- trict—and I have 101⁄2 percent unem- am more outraged that we would rel- cipients: Pay your people, but do so ployment, not the CEOs—are the peo- egate to government and to govern- reasonably and according to their per- ple who ultimately pay the price if ment employees for them to sit down formance. Pay reasonably and accord- companies continue to cancel business and determine whether that is a rea- ing to performance. The bill asks the meetings and incentive travel. sonable compensation. People say. Secretary of the Treasury to develop I would like to clarify with the chair- Well, this is only foreign entities that guidelines for those things. It does not man that nothing in this bill or in the we’ve invested capital into. But, you ask the 435 Members of Congress but, amendments to be offered today would know, that’s always the way policy rather, Treasury. discourage or limit the use of meet- gets started in this country. It starts

VerDate Nov 24 2008 04:56 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.071 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4290 CONGRESSIONAL RECORD — HOUSE April 1, 2009 off with a little bit of a foot in the door you what a big deal is $170 billion in be applied in a wholly different con- and pretty soon, the gorilla is com- money that we invested in AIG. text. pletely in the room. Mr. Chairman, let’s return America I speak for myself and the majority So down the road, if I am a small back to the American people. Let’s not leader, Mr. HOYER. This bill is confined businessman and I have an SBA loan, infringe upon their rights, let’s not to people who take a capital infusion for example, I am wondering if at some start down the road where government under the TARP. It will not be ex- point in time the SBA calls up and starts telling us how much money we tended to any other participant in the says, You know what? You’re taking can make, what we will do with our impaired asset program, in the small too big a salary out of your company money. And I urge the people to vote business lending program, in the higher so we’re going to set a reasonable set against this bill. education lending program. I would salary for you. What does that do to Mr. FRANK of Massachusetts. Mr. not, as chairman, convene a meeting entrepreneurialism in this country? Chairman, I yield myself such time as for such a bill. The majority leader What about people that are partici- I may consume. would not bring one to the floor. pating in other government programs? This is really an interesting debate Again, there is zero chance of that hap- Is the government then going to start we’re having within the Republican pening. saying, Well, we’ve looked and we Party. But when Members complain about know that you have got a contract. So The first speakers were critical of the something that might happen that you’re one of the small business con- bill which passed in the recovery bill won’t happen, it is because they are tractors that has a government con- because it limited Senator DODD’s re- against what is happening but don’t tract. And, you know, we’ve looked at strictions on compensation and said have the confidence that if they said it, your IRS records and you’re making a they wouldn’t apply retroactively. As I people would believe it. lot of money off of that contract. We said, it was Senator DODD who initi- Let’s go back to what this bill does. think maybe we ought to renegotiate ated the notion of further restrictions. It undoes the restriction on retro- that contract because you’re making And many of the Republicans were activity that had been a cause of such too much money. upset that it didn’t go far enough. outrage among the Republicans, and I Now, that sounds farfetched, but I But now we have the deputy leader of repeat again. They appear to have be- would guarantee you if we were to roll the Republican side objecting that come so attached to their outrage that back this conversation a year ago and we’re going too far, directly contrary they are even more outraged that they you would tell the American people to the complaints that we didn’t apply won’t be able to be outraged any more. that they are going to own banks, they these retroactively, he’s upset that we Secondly, we say that if you receive are going to own insurance companies, applied them at all. And he says it’s an a capital infusion under the TARP pro- that they are going to own automobile interference with free enterprise. gram and only a capital infusion, you companies, that they are going to have Let’s stress again. And I do know, he may not make salary payments that over $5 or $6 trillion of their money did say this is a revolt against King are excessive or unreasonable and you committed to these entities, people George in effect. And it is. King George can give bonuses as long as they are would have laughed about it. But this Bush. Because we are dealing here with performance-based, such as in re- is really no laughing matter, Mr. a program initiated under the Bush ad- stricted stock or in other ways. Chairman. This is serious. ministration. We are dealing here when I await Members on the other side— This government, this country was we talk about AIG with a grant of because a number of them have spoken, founded on the principles of individ- funds that came without any congres- but not one of them has objected to the ualism, empowerment and not for gov- sional input with the approval of the bill on its merits. The gentleman from ernment to be big. In fact, there are Bush administration. Texas said, Well, if you took this prin- tea parties occurring all across this We did, some of us, raise the com- ciple and went further, it would be a country because people are outraged pensation issue last fall. Yes, we did. problem. The other Members said, Isn’t about this. The same outrage that over We said that if you’re going to take it too bad we did something 6 weeks 230, 240 years ago people were outraged government money, you accept some ago that we’re now undoing? I have yet at how the King was treating the colo- compensation restrictions. The gen- to hear an argument against this bill. nists in this land called America. And tleman from Texas—and I do note that I reserve the balance of my time. they were tired of the King telling he’s left the floor. I think the gen- Mr. PRICE of Georgia. Mr. Chairman, them what they could do, how much tleman from Texas is entitled to leave I am pleased to yield to the gentleman money they could make, and who was the floor. I don’t think having made a from Alabama (Mr. BACHUS) such time privileged and who was not privileged. speech you have to sit here and listen as he may consume. And yet we’re now starting down that to some of the other speeches. I have to Mr. BACHUS. Mr. Chairman, every same trail with this bill today. because I am the manager of the bill. I day brings news of a new government What should have happened here is wish I didn’t have to listen to some of program, a new government interven- that we should have taken a reasonable these speeches, particularly the repet- tion, a new government mandate, or a amount of time to determine how this itive ones about the bill 6 weeks ago. new government tax. Most of them money was going to be distributed, But since commenting on people leav- share the same thing: they are large. term sheets should have been put to- ing the floor is in vogue, I thought I This bill claims to be about executive gether if we’re going to invest Amer- would become fashionable at least in compensation. But what it really is is ican taxpayers’ money, we ought to this regard. just another step expanding the size, know exactly what that money is going But here’s the point. We say if you the involvement—and more impor- to be used for, how it’s going to be receive TARP funds capital infusion, tantly—the control of the Federal Gov- used. If we want to limit salaries, you you accept some restrictions. That is ernment into not only the private sec- do that before you pass out the money. no more an interference with free en- tor but into all aspects of our lives. But that is all really a smokescreen. terprise than any other contracting That’s our concern. Yes, it’s about What the conversation and debate in rule the Federal Government has. And this bill. But, yes, Mr. Chairman, it is all of this time that we ought to be as to the gentleman from Texas’s sug- about much more than this bill. You’re using today is we ought to be talking gestion, he said, Oh, but this isn’t the right about that. about how are we going to get the problem. The problem is where it will Sometimes the expansion is subtle, American taxpayers’ money back. Peo- go. as in the case of this bill. Sometimes ple want to focus on the bonuses, and Now, Mr. Chairman, I have observed it’s more direct, more obvious, like the they messed up, they cut a deal with that when people are opposed to some- budget that we will vote on as soon as the White House in the middle of the thing but don’t have confidence in the tomorrow. We are witnessing in light night, had people put things in the bill persuasive quality of the arguments on speed in just the past few months—and to cover them so that they didn’t have the particular issue, they migrate to then the budget will pass in the next to lose face. You know, the $170 million what would happen if it was applied in few years as it goes into effect—a rein bonuses is a big deal, but let me tell a wholly different context. It will not lentless and massive expansion of the

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.077 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4291 Federal Government. And I, for one, sions on hiring and firing and setting ance is where the loan officers are ap- Mr. Chairman, am concerned. Out- salaries and job descriptions for every- proving loans to favored constituencies raged? I would say ‘‘fear’’ and ‘‘con- one from the manager to the recep- that the administration may believe cern’’ are better. But I do believe that tionist? are entitled to a loan or to credit. That as the years go by and we look back on This is all about government control, was precisely the type of government what we’ve done and what we will do in government command and control, allocation of capital and decisions that this next year, I believe the American running an economy, not according to helped lead us into the housing bubble people will be outraged. free enterprise principles, which many and the collapse of Freddie and Fannie, As a Member, I took an oath to up- of my Democratic colleagues admit- at a cost of hundreds of billions of tax- hold the principles of the Constitution tedly and honestly don’t agree with. It payer money. which intentionally and specifically is about making business decisions In 1999, I introduced into the RECORD limited the power of the central gov- based not on competitiveness but based on this House floor the article from the ernment. Would our forefathers have on social goals. New York Times, not a friend of the ever considered giving the government Does anyone really believe that a minority, which said, first, the govern- a say on how much a private citizen government that is about to add $10 ment directed that you would make earned, the so-called say-on-pay? In trillion to our debt, to our children and home loans to people with poor credit, reading both the Constitution and the our grandchildren, has any expertise at and then it went further and said not Federalist Papers, it clearly appears all in telling the private sector how to only with poor credit but without a they would not. turn a profit? down payment. Part of the reason I think most Americans believe our During the campaign, President we’re here today is because the govern- Founding Fathers had it right. I ap- Obama said, ‘‘So if somebody wants to ment did that. There’s no question that plaud the chairman’s honesty. For build a coal-powered plant, they can. we need more performance-based pay years, he has advocated a government It’s just that it will bankrupt them be- decisions, but the government deciding role in limiting the amount of salaries. cause they’re going to be charged such and judging the performance of em- Later tonight, we will consider a a huge sum for all the greenhouse gas ployees and private companies? The budget. As we have said repeatedly— that’s being emitted.’’ Secretary of the Treasury deciding and we are going to say again today— Later today, we will take a step down whether an employee is performing? I it spends too much, it taxes too much, that road with cap-and-trade. We’re think not. and it borrows too much. It expands going to raise every American’s utility The answer is not a dramatic expan- the government control on a scale that bill if that utility is fired by coal. sion of government control. That we’ve not seen before, not even in the We hear the government will require hasn’t worked in any country. It didn’t New Deal. It spends more money in the automobile makers to produce work in Russia. It didn’t work in this administration than was spent green cars. No one argues with the idea China. It’s not working in North Korea, from the time of George Washington to of cleaner-burning cars, but maybe and it’s not working in Cuba. George Bush. The majority criticized someone should ask consumers wheth- The American economy has always Bush for the deficits, and now they will er they can afford to spend several attracted entrepreneurs and business double and triple them in the next 10 thousand dollars more to buy them or investment because it has been free of years under their proposal. whether such a policy will end the need the political risk present in developing The scope and reach of this legisla- for taxpayer support. I think not. I and socialist countries. We have at- tion is breathtaking. If you had told think it will make General Motors less tracted investment and have main- me a month ago—and I will recognize profitable, and the taxpayer invest- tained a strong currency because of the the chairman. I will yield to him in a ment will certainly be at risk. belief in foreign investors, whom we de- minute when I get to the particulars on This is the problem with government pend on and must have to support not this bill. getting involved in the management of only this economy but the spending If you had told me a month ago that business. Decisions will be based on the that is proposed. In fact, more than Congress wanted to increase the tax government’s political agenda and not half the borrowing going forward for burden on charitable contributions, I sound economics. There will be no lim- this new budget will have to be bor- would have said it’s an April Fool’s its to how far this can go and will go. rowed from citizens in just three for- joke. But the fact is that if donations Will the government start telling eign countries. Without those assump- to charities go down, the government companies we’d like to review your ad- tions, the budget doesn’t work. With- will say it has to step in. But there will vertising to see if you’re sending the out the assumptions, there’s more defi- be a big difference. The government right message or spending too much? cits. Without those assumptions, with- will be choosing what it wants to sup- Will the government tell drug compa- out that foreign investment, we default port and how. It can support groups nies, who market similar products, we on our obligation. like ACORN instead of my local church think there’s too much competition, As I say, we have attracted invest- or local charity. Instead of allowing maybe you should combine products or ment and a belief that we in America people to support their own causes and merge to make prices cheaper? Now, are productive, specifically because of make their own choices about their you don’t have to do that, but if you do the belief that our government does charitable contributions, the govern- business with the government, you do. not take arbitrary and punitive actions ment will expand into what will obvi- Some believe less competition leads to to negatively affect business oper- ously and clearly be a restriction on lower prices. I don’t think this is the ations. It doesn’t break contracts, it private charities as their funds are re- case at all. doesn’t confiscate property, and it stricted. Now, the legislation before us today, doesn’t set salaries. it gives the Treasury Secretary and a Let me close by saying I honestly b 1515 board, all unelected, headed by a Har- fear, Mr. Chairman, that this bill and Unfortunately, it wasn’t an April vard professor, wide discretion to for- the overall thrust of what we are hear- Fool’s Day joke, and that’s what is mulate performance-based compensa- ing from this administration is tilting being proposed this very week, restrict- tion standards for hundreds of banks that delicate balance. The implications ing private contribution, and there’s a across America. Who does the legisla- for our competitiveness as a country, pattern developing here. tion apply to? Let me read the legisla- our economy, and the prosperity of our Just this week, we saw a government tion: Compensation payment to any ex- citizens and their freedoms are dis- mandate to change the management of ecutive or employee under any existing turbing. General Motors. Regardless of what compensation arrangement. In the end, America has succeeded by you think about the performance of the Any executive or employee? Line 23 putting its faith not in government but CEO—and I don’t think it was good. I, on page 2, Mr. Chairman. Every em- in the people. That’s what the Con- for one, do not defend his stewardship. ployee. There is nothing in this legisla- stitution is all about, and I, for one, But do we want the Federal Govern- tion to prevent the Secretary from de- will always trust the people and always ment making such far-ranging deci- ciding that one measure of perform- distrust the government. I make no

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.078 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4292 CONGRESSIONAL RECORD — HOUSE April 1, 2009 apology for that. The solution is not ernment out of this—why was he then to issue appropriate standards for exec- this bill. What we need is a strategy to opposed, if he was, to the language that utive compensation—not for every get the government out of the bailout limited its retroactive application? In company in America, but for those business, out of the taxpayer bailout fact, if you believe that one of the big that are holding our money. Clearly, business, with no further intrusions arguments is that we changed the rules this new language will provide addi- into what should have been and needs after the fact, he should have been for tional impetus for Treasury to issue to be and will need to be in the future, that limitation. appropriate regulations. private decisions. The arguments about free enterprise There are other things the bill does. Mr. Chairman, you and I can come to and not understanding the principles First, it deals with excessive bonuses an agreement, and that agreement can are just nonsense, Mr. Chairman. We’re and the provision that Senator DODD is be no further government bailout. That not debating free enterprise. We’re de- now famous for having added to the re- is the only way to avoid more govern- bating how best to make it work. covery legislation. ment interference, more government I think Franklin Roosevelt helped As I think every Member of this control, and ultimately, the loss of not save free enterprise. I think rules help House knows, Senator DODD had a pro- only our freedom but our prosperity. I save free enterprise. I think when Sec- vision that he added—and he was pre- appreciate the honest differences here, retary Paulson in the Bush administra- vailed upon to cause his provision not but I accept fully your statement that tion called for more regulation of cred- to apply to preexisting contracts. we on this side are outraged. We’re it default swaps and collateralized debt Since then, those on the other side of fearful, we’re concerned, and we be- obligations, we’ll probably be getting the aisle have done two things that come more so every day. an announcement that they will be op- strike me as inconsistent. They have Mr. FRANK of Massachusetts. How posed to that, because that’s what we denounced Senator DODD’s amendment much time remains on each side? are going to be going forward trying to and the philosophy behind it, and they The CHAIR. The gentleman from do. have denounced the fact that it doesn’t Massachusetts has 14 minutes remain- Yes, the government does have a role apply retroactively to preexisting con- ing. The gentleman from Georgia has in this, but to return to this bill, which tracts. This is like announcing that 1 6 ⁄2 minutes remaining. the gentleman only briefly discussed, it you detest the taste of broccoli and Mr. FRANK of Massachusetts. I yield does do what the gentleman voted for complaining that you didn’t get a dou- myself such time as I may consume. last fall, and by the way, the argument ble helping. It makes no sense except I heard the gentleman from Alabama that the government was responsible— for those who simply want to find say that we should not get into this the gentleman said in 1999 this started. business of fixing compensation. Some- something to denounce. I was not going to refer to the history, This bill eliminates the exception one claiming to be the gentleman from but from 1995 through 2006, Members of that Senator DODD has been so vi- Alabama last year voted for legislation the Republican Party controlled this ciously criticized for by the other which included the following. It was Chamber, and they controlled it tight- party. If you vote against this bill, the rescue plan. The gentleman voted ly. If, in 1999, the gentleman from Ala- for it when it passed. then you are embracing the very excep- bama, as a member of the Republican tion that many of you have been vili- On page 12 of that bill, there’s a majority on the Financial Services heading, section 111, ‘‘Executive Com- fying. Committee thought there was a prob- Third, this bill has a disclosure provi- pensation and Corporate Governance.’’ lem, they should have done something The gentleman from Alabama voted for sion that I authored. It says that com- about it. panies that are holding our TARP this. So did the rest of the Republican The gentleman from Alabama was, leadership. They did it at the request money must disclose how many of for a time later on, the chairman of the their employees are getting a total of President Bush and of Secretary Financial Institutions Subcommittee, Paulson and of Chairman Bernanke, compensation package of over $5 mil- which had jurisdiction over lending lion; how many have a total compensa- not heretofore known for their social- standards. Some of us wanted to pass a ism. But the gentleman from Alabama tion package of over $3 million; how bill to limit abuse of subprime lending. many over $1 million. Why? Because if voted for exactly what he now decries. Yes, that happened, Mr. Chairman, in It is a grant of authority to the Sec- the American people are putting up the the House. It happened in 2007, after we retary of the Treasury to require—I’m money, they have a right to know. became the majority, and let me say now quoting. He shall require that the Now the self-styled ‘‘defenders of cap- now I think we still have the potential financial institution meet appropriate italism’’ say that we’ve got to protect for the bad loans to be made. standards for executive compensation these companies from the influence of When this House returns after the the taxpayer. How is capitalism actu- and corporate governance. It goes be- April break, we will have in committee yond much of this bill, corporate gov- ally supposed to work? Those who pro- arguments on the floor legislation that vide the capital and take the risk are ernance. The standard shall be effec- will stop precisely the kind of loans tive for the duration of the period that supposed to have some control. That’s that the gentleman from Alabama de- the Secretary holds an equity or debt real capitalism. The taxpayers are tak- cried, and I await with interest what position in the financial institution. So ing the risk with these companies. We the votes will be. hope to get our money back. As soon as the gentleman voted for this when the I reserve the balance of my time. Republicans were in power. Cir- Mr. PRICE of Georgia. Mr. Chairman, we do, the companies can operate as cumstances apparently change opin- we have no more speakers on this side, they will. Instead, we’re told that we need a ions. so until the chairman is ready to close, kind of cancerous capitalism—a system In fact, there’s also this great incon- I will reserve. sistency. For a month now, the Repub- Mr. FRANK of Massachusetts. I yield that works like this: Socialism for the licans have been complaining that in 4 minutes to the gentleman from Cali- risks, capitalism for the rewards. I don’t think Adam Smith would the recovery bill we adopted a provi- fornia (Mr. SHERMAN). sion as the Congress which limited the Mr. SHERMAN. This bill does three have voted for the TARP bill. The gen- reach of the government’s intervention things. First, it requires the issuance tleman from Alabama did. I voted into compensation. That was the part of regulations defining excessive and against it. But I do think that econo- about retroactivity. This undoes that unreasonable compensation and applies mist Adam Smith—not our colleague limitation. So, in the name of limiting them only to those who are holding our from Washington—would vote ‘‘yes’’ on government, the gentleman denounces capital. As the Chairman pointed out, this bill because those who provide the the bill that would undue the limita- similar legislation is already law and capital should control—or have at least tion that his party has been denounc- was voted in favor of by the Republican some control—of the enterprise. And ing. There is a fundamental gap that leadership. that includes some control over com- can only be explained, it seems to me, pensation. by something other than the merits. b 1530 To say instead that firms should take Given what the gentleman from Ala- The bill we passed in October of last our money but not listen to our ideas bama said—we’ve got to get the gov- year specifically required the Treasury on how it should be used, that isn’t

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.079 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4293 capitalism. That is socialism for the there in 2003. It’s a wonderful job. But ple recognize as not being consistent rich. what experience does he have in setting with American fundamental prin- Mr. FRANK of Massachusetts. How compensation? In fact, what experience ciples—the market principles that have much time do I have remaining, Mr. does the government have in setting made this Nation the greatest Nation Chairman? compensation? in the history of mankind. The CHAIR. The gentleman from He first joined the Department of the Mr. Chairman, I urge my colleagues Massachusetts has 61⁄2 minutes remain- Treasury in 1988. Let me think a mo- to recognize this bill for what it is, and ing. The gentleman from Georgia has ment, Mr. Chairman. That means 21 that is a bill that this Congress ought 61⁄2 minutes remaining. years of service for the Department of not adopt. Mr. FRANK of Massachusetts. I will the Treasury or in the Federal Govern- I yield back the balance of my time. be the closing speaker so the gen- ment. Well, that’s wonderful, and he’s Mr. FRANK of Massachusetts. I yield tleman may proceed. to be commended for it, but what expe- myself the remaining time, first to say The CHAIR. The Chair recognizes the rience does he have and why would the that this dangerous step was of course gentleman from Georgia. Nation want him to be deciding what taken—if you think it’s a dangerous Mr. PRICE of Georgia. Thank you, compensation and performance stand- step—last fall, when, with the support Mr. Chairman. ards are for this Nation? of the Republican leader and the Re- It’s been an interesting discussion, Maybe it was in his education. He publican whip and the ranking Repub- there’s no doubt about it. We’ve talked went to Dartmouth College, bachelor’s lican on the committee, Congress about executive compensation, we’ve degree in government and Asian stud- passed a bill which had a section on ex- talked about a problem that arose—a ies in 1983. Wonderful institution. ecutive compensation and corporate specific problem that arose when Sen- Great study. Master’s in international governance. ator DODD put that language in the bill economics and East Asian studies in This one called on the Secretary to in the middle of the night—in the 1985. set appropriate standards. Frankly, ex- spending bill. Mr. Chairman, not to slight the Sec- cessive and unreasonable is a tighter The interesting thing about it, Mr. retary of the Treasury, but the Amer- limitation. Unlike this one, it isn’t just Chairman, is that the bill to remove ican people do not believe that the Sec- the Secretary of the Treasury—it is the that language is 11 lines long. It’s just retary of the Treasury ought to be set- Secretary of the Treasury, in accord- 11 lines long. It’s not 6 pages long. ting compensation limits for anybody. ance with, and has to get the approval So if we were to do what some in this Why? Why does all this feel so of the head of the FDIC, Ms. Bair, the body on the other side say—the only strange? It’s because we’re in a polit- Comptroller of the Currency. Yes, thing we’re here to do, which is to re- ical economy. We’re no longer in the there’s a consultation with the head of move that language—it would be H.R. market economy that the American the oversight board. She has no vote on 1673 from Mr. LUNGREN. That’s the bill people know and love and embrace. it. The votes are from the regulators. that would remove the 11 lines that What does a political economy look Let’s stress again—this only applies, make it so that that backroom deal for like? Well, the gentleman from Cali- this bill, to people who voluntarily AIG executives would be stricken. fornia described it. He said, Because of keep capital infusions from the Federal So I think it’s important that we ap- the disclosure provisions, the American Government. If they don’t like it, they preciate what’s going on. I appreciate people, who are putting up the money, can return the money. That’s what an the comments from the gentleman have a right to know. Well, sure they assault on free enterprise is. from California, who did indeed, I have a right to know. But that’s not The ranking Republican said before think appropriately, describe what was what a market economy is. that anybody who does business with in the bill. It’s important that our col- He says that the people have a right the Federal Government might be sub- leagues look at this bill. It’s not too to know and set the limits because this jected to that. No, that’s not remotely long. Six pages. We can indeed read it. is capitalism. No. Capitalism was true. It certainly isn’t true in the bill. I hope some of my colleagues will read bastardized a year or more ago when The bill explicitly says that if you do it. we started down this road that, Mr. business with one of the covered enti- The title of the bill: To amend execu- Chairman, I opposed every step of the ties, you’re not covered by this. It ex- tive compensation and to prohibit un- way. Because we pointed out then this plicitly says that. reasonable and excessive compensation is where we’d get. We would get to be Not being able to argue against this and compensation not based on per- debating on the floor of this House bill on the merits, they then say, Well, formance standards. what kind of compensation members in what happened if it was applied 16 dif- When you read the bill and get to the private sector ought to have. ferent other ways? I don’t think it who’s going to define all that, which is Well, Mr. Chairman, that’s a dan- should be. I didn’t know it won’t be. really the question, Mr. Chairman— gerous place to be. It’s a dangerous Again, when people argue against who’s going to define that. Usually, we place to be because it leads Presidents what is not in the bill, but what might think that in a market economy, in the to thinking that they can remove CEOs come, it’s because they have no con- United States economy, in the econ- from private companies. That’s where fidence in their arguments against the omy that has allowed more success and it leads to. It leads Members of Con- bill. more opportunity for more individuals gress to believe that they can call on We did adopt, with a majority of Sen- than any nation in the history of man- the Treasury Department to get money ate Republicans, the leadership—not kind, that the way that we define com- out of previous bills that have been quite a majority—but the leadership of pensation and performance in the mar- passed in Congress even though the in- House Republicans on these issues, ket is in the private market, not in the stitution in their district doesn’t qual- President George Bush—we’ve already government. ify under the rules that have been pro- adopted rules that say, quite sensibly, So on page 3 it says that no payment vided. if you take the Federal money, there would be able to provide for compensa- Mr. Chairman, it’s a dangerous place are some restrictions. And if you don’t tion that is unreasonable or excessive to be. And it violates the Constitution. like it, give the money back. as defined in standards established by I know it’s a quaint document, Mr. Now the gentleman from Georgia the Secretary. The Secretary of the Chairman. We don’t think about it said, Oh, but the bill goes too far be- Treasury is going to tell us what is un- much anymore. But article I, section 9 cause it doesn’t just repeal what we reasonable and what is quality per- says, ‘‘No bill of attainder or ex post did. And he talked about the Lungren formance. facto law shall be passed.’’ Mr. Chair- bill. I hadn’t heard about the Lungren Well, the Secretary of the Treasury, man, this bill is each. It is each. bill. The reason is that the Lungren let’s look at his biography, Mr. Chair- Mr. Chairman, this is a bad step. It’s Republican bill was introduced after we man. Oh, my goodness. He’s the ninth a bad and a dangerous step for this had made clear what we were going to president and chief executive officer of Congress. It adds to the dangerous and do on Monday, 2 days before we marked the Federal Reserve Bank of New York, reckless—and reckless—policies of this up the bill. It was not called to my at- which began when he began his service administration that the American peo- tention. No member of the Republicans

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.084 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4294 CONGRESSIONAL RECORD — HOUSE April 1, 2009 on the Financial Services Committee b 1545 institutions, and I want to applaud the work said, Let’s just do it this way. But what we have is a bill that says done on this issue by Representatives GRAY- We had an open markup. The Lun- if you get capital infusions of $250 mil- SON and HIMES. The recently disclosed AIG gren bill could have been offered as an lion or more from the Federal Govern- bonuses highlight the potential for abuses of amendment by any Republican member ment and you decide to keep that the public trust by companies rewarding em- of the committee. They did not do it. If money, then you should not make pay- ployees with excessive compensation—all on they forgot, Mr. LUNGREN himself could ments that are excessive or unreason- the taxpayer dime. This legislation will ensure have come to the Rules Committee and able. that companies receiving TARP funds tie pay asked that it be made in order as People said, what is that? Well, you to performance. I am particularly pleased that amendment. They did not do it. know when you are running a com- this bill includes a provision I authored requir- They quietly introduced a bill, made pany, you try to hold your expenses ing full disclosure of compensation and perks sure that no one noticed it; called it to down to the least possible. You pay for the family members of employees working no one’s attention; deliberately re- your employees, frankly, as little as for these companies. frained from offering it as an amend- you can get and still have them work. Mr. CANTOR. Mr. Chair, my wife currently ment at an open markup, when they But there has been an exception to receives compensation from a financial institu- could have; deliberately refrained from that at the top levels. We do say retention that would be covered by the provisions of going to Rules Committee and asking tion bonuses are a mistake, where peo- H.R. 1664. I have determined that this con- that it be made in order; and now ple say, I have the secret to the for- stitutes a direct personal and pecuniary inter- they’re complaining that it wasn’t mula and if you don’t bribe me, I’m est under clause 1 of Rule III of the Rules of adopted. going to quit. We are saying, No, don’t the House and thus I will be answering The fact is this: The Republicans re- give into that. Give them performance ‘‘present’’ on any question related to H.R. gret losing the provision that was bonuses, as you can do. 1664 put to the House or to the Committee of added mistakenly, in my judgment, in So these are the issues, two pieces of the Whole House. the hurried deliberations, hurried con- this bill: Do we undo the restriction on The CHAIR. All time for general de- clusion on the recovery bill. retroactivity that was in the recovery bate has expired. The gentleman from California men- bill that has been so denounced, and Pursuant to the rule, the amendment tioned this. The Senator from Con- then do they lose their major source of in the nature of a substitute printed in necticut offered restrictions. The Mem- ability to denounce? And, do you say to the bill shall be considered as an origi- bers on the other side baffle me some- a bank that has taken more than $250 nal bill for the purpose of amendment times—sometimes more than others. million in Federal funds: For as long as under the 5-minute rule and shall be They are critical of restrictions. The you voluntarily decide to keep that considered read. gentleman from Connecticut offered re- money, do not make bonus payments The amendment in the nature of a strictions on compensation. Presum- that are not performance-based and do substitute is as follows: ably, they would denounce him for not make excessive and unreasonable H.R. 1664 that. But as the gentleman from Cali- payments? Be it enacted by the Senate and House of Rep- fornia pointed out, they are objecting Members have invoked the American resentatives of the United States of America in to offering restrictions, and then people. I do not think the American Congress assembled, they’re objecting because somebody people stand wholly behind the propo- SECTION 1. PROHIBITION ON CERTAIN COM- persuaded him the restriction sition that people should be able to PENSATION. shouldn’t be so restrictive. keep the Federal money, not volun- (a) PROHIBITION ON CERTAIN COMPENSATION NOT BASED ON PERFORMANCE STANDARDS.—Sec- Now we also have in here a provision tarily return it, and then disregard any that this will lead people to give back tion 111 of the Emergency Economic Stabiliza- rules about who gets what. tion Act of 2008 (12 U.S.C. 5221) is amended by TARP money. At an earlier stage, be- I do believe it is possible for institu- redesignating subsections (e) through (h) as sub- fore I think they reconsidered the total tions to use performance bonuses and sections (f) through (i), and inserting after sub- inconsistency of it, some of the Repub- to make payments that are not exces- section (d) the following: licans said, Oh, this is a problem be- sive or unreasonable, that will go, as ‘‘(e) PROHIBITION ON CERTAIN COMPENSATION cause it will give back TARP money. the gentleman from California has NOT BASED ON PERFORMANCE STANDARDS.— Of course, these are the same people pointed out on many cases, into the ‘‘(1) PROHIBITION.—No financial institution that has received or receives a direct capital in- who said they wished there was no millions of dollars a year to some of TARP. vestment under the Troubled Assets Relief Pro- the top people. These will be people gram under this title, or with respect to the Fed- So, first they don’t want restrictions, who will be very well paid, people who eral National Mortgage Association, the Federal then they complain because the re- will be much better paid, I guarantee Home Loan Mortgage Corporation, or a Federal strictions are not made retroactive, you, than the auto workers who have home loan bank, under the amendments made then they complain when we take away borne the brunt of the Republican deci- by section 1117 of the Housing and Economic the provision that restrictions sion that it is okay to restrict. Recovery Act of 2008, may, while that capital in- wouldn’t be retroactive. First they say By the way, where were my col- vestment remains outstanding, make a com- they don’t want any TARP at all, then leagues who want free enterprise and pensation payment, other than a longevity they worry there will be a smaller bonus or a payment in the form of restricted no interference with wages when the stock, to any executive or employee under any TARP because people will give the Senator from Tennessee, Mr. CORKER, existing compensation arrangement, or enter money back. was trying to drive down the wages of into a new compensation payment arrangement, Here is the essential element of this auto workers, American auto workers, if such compensation payment or compensation bill. Apparently, my Republican col- and saying that the American auto payment arrangement— leagues do not want to say to the larg- workers shouldn’t get the wages that ‘‘(A) provides for compensation that is unrea- est financial institutions that—and are paid by the American companies? sonable or excessive, as defined in standards es- we’re going to adopt an amendment, I There is every argument being given tablished by the Secretary, in consultation with the Chairperson of the Congressional Oversight hope, that limits this to the larger in- here. But what I do not understand, as stitutions because the community Panel established under section 125, in accord- I listen to these inconsistent argu- ance with paragraph (2); or banks have been unfairly tarred by ments that have no weight, what is it ‘‘(B) includes any bonus or other supple- this. They didn’t make the mistakes about saying that if you take Federal mental payment that is not directly based on that led us here. They weren’t part of money voluntarily, you can’t make ex- performance-based measures set forth in stand- the Republican majority from 1995 to cessive payments that troubles them? ards established by the Secretary in accordance 2006 that passed no legislation on Mr. VAN HOLLEN. Mr. Chair, I rise in sup- with paragraph (2). Fannie Mae and Freddie Mac, that port of H.R. 1664, the Pay for Performance Provided that, nothing in this paragraph ap- passed no regulation on subprime lend- plies to an institution that did business with a Act. recipient of a direct capital investment under ing, that did nothing about any of the I’m honored today to join my colleagues in the TARP. abuses in other areas, all of which we supporting the Pay for Performance Act, a ‘‘(2) STANDARDS.—Not later than 30 days after tried to correct when we came to power measure designed to ensure that taxpayers’ the date of enactment of this subsection, the in 2007. dollars are used wisely to protect our financial Secretary, with the approval of the agencies

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that are members of the Federal Financial Insti- AMENDMENT NO. 1 OFFERED BY MR. FRANK OF ‘‘(A) IN GENERAL.—Not later than 90 days tutions Examination Council, and in consulta- MASSACHUSETTS after the date on which all members of the tion with the Chairperson of the Congressional The CHAIR. It is now in order to con- Commission have been appointed, the Com- Oversight Panel established under section 125, sider amendment No. 1 printed in mission shall deliver a report to the Presi- shall establish the following: House Report 111–71. dent and to the Congress containing— ‘‘(A) UNREASONABLE AND EXCESSIVE COM- Mr. FRANK of Massachusetts. I rise ‘‘(i) recommendations for legislative ac- PENSATION STANDARDS.—Standards that define tion; ‘unreasonable or excessive’ for purposes of sub- to offer that amendment. ‘‘(ii) recommendations for executive ac- paragraph (1)(A). The CHAIR. The Clerk will designate tion, including actions taken by the Depart- ‘‘(B) PERFORMANCE-BASED STANDARDS.— the amendment. ment of the Treasury or any other agency for Standards for performance-based measures that The text of the amendment is as fol- which the Commission has recommenda- a financial institution must apply when deter- lows: tions; and mining whether it may provide a bonus or reten- Amendment No. 1 offered by Mr. FRANK of ‘‘(iii) recommendations for voluntary action payment under paragraph (1)(B). Such per- Massachusetts: tions to be taken by recipients of a direct formance measures shall include— capital investment under the TARP. ‘‘(i) the stability of the financial institution In subsection (e)(1) of the matter proposed ‘‘(B) MINORITY VIEWS.—The report required and its ability to repay or begin repaying the to be inserted by section 1(a) of the bill, in under subparagraph (A) shall be accompanied United States for any capital investment re- the matter following subparagraph (B), by any separate recommendations that mem- ceived under this title; strike ‘‘nothing in this paragraph’’ and all ‘‘(ii) the performance of the individual execu- that follows through ‘‘under the TARP’’ and bers of the Commission wish to make, but tive or employee to whom the payment relates; insert ‘‘an institution shall not become sub- that were not agreed upon by the Commis- ‘‘(iii) adherence by executives and employees ject to the requirements of this paragraph as sion for purposes of the report required to appropriate risk management requirements; a result of doing business with a recipient of under subparagraph (A). Such separate rec- and a direct capital investment under the TARP ommendations must take the form of a pro- ‘‘(iv) other standards which provide greater or under the amendments made by the Hous- posal for aligning executive pay with the accountability to shareholders and taxpayers. ing and Economic Recovery Act of 2008’’. long-term health of the company. ‘‘(3) REPORTING REQUIREMENT.— In subsection (e) of the matter proposed to ‘‘(4) COMPOSITION.— ‘‘(A) IN GENERAL.—Any financial institution be inserted by section 1(a) of the bill, redes- ‘‘(A) The Commission shall be composed of that is subject to the requirements of paragraph ignate paragraph (3) as paragraph (4) and in- 9 members, appointed as follows: (1) shall, not later than 90 days after the date sert after paragraph (2) the following: ‘‘(i) 1 member appointed by the Council of of enactment of this subsection and annually on ‘‘(3) CLARIFICATION RELATING TO SEVERANCE Economic Advisers. March 31 each year thereafter, transmit to the PAY.—For purposes of this subsection, a com- ‘‘(ii) 1 member appointed by the Speaker of Secretary, who shall make a report which states pensation payment or compensation pay- the House of Representatives. how many persons (officers, directors, and em- ment arrangement shall not include a sever- ‘‘(iii) 1 member appointed by the Senate ployees) received or will receive total compensa- ance payment paid by an employer in the or- Majority Leader. tion in that fiscal year in each of the following dinary course of business to an employee ‘‘(iv) 1 member appointed by the House Mi- amounts: who has been employed by the employer for nority Leader. ‘‘(i) over $500,000; a minimum of 5 years upon dismissal of that ‘‘(v) 1 member appointed by the Senate Mi- ‘‘(ii) over $1,000,000; employee, unless such severance payment is nority Leader. ‘‘(iii) over $2,000,000; in an amount greater than the annual salary ‘‘(vi) 1 member appointed by the Chairman ‘‘(iv) over $3,000,000; and of such employee or $250,000.’’. of the Financial Services Committee of the ‘‘(v) over $5,000,000. In the matter proposed to be inserted by House of Representatives. The report shall distinguish amounts the insti- section 1(a) of the bill, in subsection (e)(4)(B) ‘‘(vii) 1 member appointed by the Ranking tution considers to be a bonus and the reason (as redesignated by the previous amend- Member of the Financial Services Com- for such distinction. The name or identity of ment), insert before the period the following: mittee of the House of Representatives. persons receiving compensation in such amounts ‘‘or for the benefit of that person’s imme- ‘‘(viii) 1 member appointed by the Chair- shall not be required in such reports. The Sec- diate family members’’. man of the Banking, Housing, and Urban Af- retary shall make such reports available on the At the end of the bill, insert the following fairs Committee of the Senate. Internet. Any financial institution subject to new section: ‘‘(ix) 1 member appointed by the Ranking this paragraph shall issue a retrospective an- SEC. 2. EXECUTIVE COMPENSATION COMMIS- Member of the Banking, Housing, and Urban nual report for 2008 and both a prospective and SION. Affairs Committee of the Senate. retrospective annual report for each subsequent Section 111 of the Emergency Economic ‘‘(B) Each appointing entity shall name its calendar year until such institution ceases to be Stabilization Act of 2008 (12 U.S.C. 5221), as member within 21 days of the date of the en- subject to this paragraph. amended by section 1, is further amended by actment of this subsection. ‘‘(B) TOTAL COMPENSATION DEFINED.—For adding at the end the following new sub- ‘‘(C) Any vacancy in the Commission shall purposes of this paragraph, the term ‘total com- section: be filled in the same manner as the original pensation’ includes all cash payments (includ- ‘‘(j) EXECUTIVE COMPENSATION COMMIS- appointment. ing without limitation salary, bonus, retention SION.— ‘‘(5) ACTIVITIES.— payments), all transfers of property, stock op- ‘‘(1) ESTABLISHMENT.—There is hereby es- ‘‘(A) The Chairman of the Financial Serv- tions, sales of stock, and all contributions by the tablished a commission to be known as the ices Committee of the House of Representa- company (or its affiliates) for that person’s ben- ‘Commission on Executive Compensation’ tives shall select one member to serve as the efit.’’. (hereinafter in this subsection referred to as Chairman of the Commission, and such (b) REVISION TO RULE OF CONSTRUCTION.— Section 111(b)(3)(D)(iii) of the Emergency Eco- the ‘Commission’). Chairman will call to order the first meeting nomic Stabilization Act of 2008 (12 U.S.C. ‘‘(2) DUTIES.— of the Commission within 10 business days 5221(b)(3)(D)(iii)) is amended by inserting before ‘‘(A) STUDY REQUIRED.—The Commission after the date on which all members of the the period the following: ‘‘, except that an enti- shall conduct a study of the executive com- Commission have been appointed. ty subject to subsection (e) may not, while a pensation system for recipients of a direct ‘‘(B) The Commission shall meet at least capital investment described in that subsection capital investment under the TARP. In con- once every 30 days and may meet more fre- remains outstanding, pay a bonus or other sup- ducting such study, the Commission shall ex- quently at the discretion of the Chairman. plemental payment that is otherwise prohibited amine— ‘‘(C) The Commission shall solicit and con- by clause (i) without regard to when the ar- ‘‘(i) how closely executive pay is currently sider policy proposals from Members of Con- rangement to pay such a bonus was entered linked to company performance; gress, the financial sector, academia and into’’. ‘‘(ii) how closely executive pay has been other fields as the Commission deems nec- linked to company performance in the past; essary. The CHAIR. No amendment to the ‘‘(iii) how executive pay can be more close- ‘‘(D) The Commission shall hold at least committee amendment is in order ex- ly linked to company performance in the fu- two public hearings, and may hold more at cept those printed in House Report 111– ture; the discretion of the Chairman. 71. Each amendment may be offered ‘‘(iv) the factors influencing executive pay; ‘‘(6) ACTIONS BY THE COMMISSION.—A deci- only in the order printed in the report, and— sion of a majority of commissioners present by a Member designated in the report, ‘‘(v) how current executive pay incentives at a meeting of the Commission shall con- shall be considered read, shall be de- affect executive behavior. stitute the decision of the Commission where batable for the time specified in the re- ‘‘(B) CONSIDERATION OF PROPOSALS.—The the Commission is given discretion to act, Commission shall consider, in addition to including but not limited to, recommenda- port, equally divided and controlled by any recommendations made by members of tions to be made in the report described in the proponent and an opponent of the the Commission or outside advisers, the ef- paragraph 3. amendment, shall not be subject to fects of implementing increased shareholder ‘‘(7) STAFF.—The Chair may hire at his or amendment, and shall not be subject to voice in executive compensation. her discretion up to seven professional staff a demand for division of the question. ‘‘(3) REPORT.— members.

VerDate Nov 24 2008 06:04 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.025 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4296 CONGRESSIONAL RECORD — HOUSE April 1, 2009 ‘‘(8) TERMINATION.—The Commission shall My understanding is that this is re- Now, I heard an earlier speaker, the terminate 30 days after the date on which moving the words ‘‘executive or’’ gentleman from California, saying the Commission submits its report to the among those individuals who would something about how we are deriding President and the Congress under paragraph come under the jurisdiction of deter- this one statement. They are right, be- 3. mining what compensation ought to be ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— cause this one statement protected the There are authorized to be appropriated such or performance ought to be, so that it bonuses, specifically protected the bo- sums as may be necessary to carry out this would read that ‘‘any employee.’’ Is my nuses that became the outrage of subsection. understanding correct? America. The CHAIR. Pursuant to House Reso- Mr. FRANK of Massachusetts. If the This stimulus bill, with this language lution 306, the gentleman from Massa- gentleman would yield, yes, that was protecting it that was inserted by the chusetts (Mr. FRANK) and a Member op- the point raised by the gentlewoman White House and Senator DODD, who posed each will control 10 minutes. from North Carolina. I think that ef- has received about $200,000 in campaign The Chair recognizes the gentleman fectuates her point. contributions from AIG, by the way, from Massachusetts. Mr. PRICE of Georgia. And I appre- that doesn’t get mentioned on the floor Mr. FRANK of Massachusetts. Mr. ciate that. Continuing to reserve the too much. This was then brought to the Chairman, this is an amendment that right to object, my sense is that what floor, 1,100 pages, put before this body reflects the debate that we had to some this is, is actually a clarifying amend- without an opportunity to read, a extent in the committee. Some Mem- ment to a greater intent by the Mem- promise to us and American people bers on both sides raised questions bers on the majority side who—— that we would have 48 hours to read a about ambiguity. That is why you have Mr. FRANK of Massachusetts. Mr. complex bill when we had very few markups. Chairman, I withdraw my unanimous hours to read this bill. For example, we want to make it consent request. And now we are in what we call the very clear that this applies only to in- The CHAIR. The request is with- coverup or cover your rear stage, be- stitutions that have received and vol- drawn. cause the people who voted for that Mr. FRANK of Massachusetts. Mr. untarily retained capital infusions. stimulus are now running for cover. Chairman, I guess we get a sense of So, as a later amendment offered by The CHAIR. The time of the gen- what is happening here. The gentle- one of our Republican colleagues does, tleman has expired. that I hope is adopted, it reinforces woman from North Carolina raised the Mr. PRICE of Georgia. I yield the that you don’t become subject to these point that, frankly, didn’t seem to me gentleman an additional 1 minute. limitations on compensation just be- one of the most important ever to be Mr. TERRY. We went through this cause you do business with an institu- raised. It said we had some redundancy exercise a week or so ago when we tion that gets the investment. One Re- in the bill. Lawyers, of course, hate re- wanted to tax the bonuses at 90 per- publican Member said, well, what dundancy, as we all know. They are cent. And so I ask the original so- about people who buy or sell mortgages belt and suspenders opposed to it. called author, ostensible author of this I tried to accommodate the gentle- from Fannie Mae and Freddie Mac? We bill, Mr. GRAYSON, if he even read the woman from North Carolina. It make it very clear that they would not bill. And I would yield to Mr. GRAYSON touched off an entirely unnecessary de- be covered. for an answer. bate eating up the time. If the Mem- We did make it clear that where peo- Okay. I guess we won’t get an answer bers are prepared to accept this at ple have earned severance pay and of whether or not he read the bill. their salary was $250,000 or less, that some point, in the spirit of conciliation What we found out is that now the the severance pay is not greater than I will offer it again, but not to be the public is still outraged because they $250,000, or the annual salary, that subject for extra debate time which in- are mad at the coverup between the trudes on the Members’ time. earned severance pay could be paid Cabinet and Senator DODD and this The manager’s amendment, as I said, under previous contracts. We always body’s participation in it. So we are clarifies points that were raised, as I intended that. We wanted to make going to take now an extra measure in just tried to do with the gentlewoman sure. And it does create a commission our CYA efforts and develop a bill that from North Carolina, tried to give on executive compensation to study a now will make the Federal Government some assurance. Sometimes the atmos- system, because some people thought, intrude to the very core of any busi- phere gets so partisan that that effort well, we haven’t done it well enough. ness that accepted a dollar of TARP of conciliation becomes too difficult, so Now, I have one other point, Mr. dollars, where now the Treasury comes I will leave it where it is. Chairman. Would it be in order for me in without any expertise and sets the to make a unanimous consent request I reserve the balance of my time. Mr. PRICE of Georgia. Mr. Chairman, salaries for the secretaries on up. for a modification of the amendment? I am pleased to yield 2 minutes to the Mr. FRANK of Massachusetts. I yield The CHAIR. It is in order. myself 21⁄2 minutes to comment on the Mr. FRANK of Massachusetts. The gentleman from Nebraska (Mr. TERRY). The CHAIR. Does the gentleman rise most extraordinary display of illogic gentlewoman from North Carolina said ever inflicted on this Chamber. that she thought it was a mistake to in opposition to the amendment? Mr. PRICE of Georgia. I claim the The gentleman complains that the refer to both executive or employee, time in opposition to the amendment. restriction was adopted, but now com- because executives are employees. And The CHAIR. The gentleman from plains that we are going to undo it. in the interest of that grammatical po- Georgia is recognized for 10 minutes. And the gentleman is leaving the sition, I ask unanimous consent to Mr. PRICE of Georgia. And I yield 2 Chamber. Let me say to him, I under- amend the manager’s amendment to minutes to the gentleman from Ne- stand differences of opinion, but I do incorporate the point made by the gen- braska (Mr. TERRY). resent the suggestion that I am trying tlewoman from North Carolina, and Mr. TERRY. Let’s go over the chro- to cover anything up. As chairman of strike the words ‘‘executive or.’’ nology of events here. the committee, I—— The CHAIR. The Clerk will report the We had a stimulus bill that was 1,100 Mr. TERRY. Will the gentleman modification. pages, and there was a provision within yield? The Clerk read as follows: the stimulus bill that was the opposite Mr. FRANK of Massachusetts. No. I Modification to amendment No. 1. offered of the intentions of the House and the brought a bill to the committee for a by Mr. FRANK of Massachusetts: Add at the end of the amendment: Senate, where language from the origi- markup. We had an open markup. Peo- On page 2, line 23—delete ‘‘executive or’’. nal versions and intentions of the ple could have offered any amendment On page 4, line 14—delete ‘‘executive or’’. House were stripped out in the middle they wanted. We then brought the bill The CHAIR. Is there objection to the of the night with only a few people in to the floor. We went to the Rules request of the gentleman from Massa- the room, which we have now subse- Committee. I urged some—— chusetts? quently learned that at least two of the Mr. TERRY. Would the gentleman Mr. PRICE of Georgia. Mr. Chairman, people in the room were Secretary yield for a clarification? reserving the right to object, I just re- Geithner of the White House’s Cabinet, Mr. FRANK of Massachusetts. I will ceived this. and Senator DODD. yield.

VerDate Nov 24 2008 03:17 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.027 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4297 Mr. TERRY. For a clarification, have looked over this legislation, to doors to the free enterprise system, the when you said brought to markup, are see exactly how it is within the powers capitalist markets, and the banking you referring to the so-called Grayson of the U.S. Congress, as much as we and the financial institutions, as they bill that you brought to the markup, or may like to do so sometimes, to simply did this past week and said, Come on the original stimulus? go in and abrogate contracts that were board. Work with us as teammates in Mr. FRANK of Massachusetts. I re- voluntarily made by willing parties on this. We want to make you partners. claim my time. The answer is obvious. either side. Regardless of whether the Partners? What partner wants to hook No, the stimulus bill did not come to a fact is that those companies or those up with somebody that if you are suc- committee which had no jurisdiction individuals may be receiving Federal cessful, there may be other legislation over it, as the Member well knew. I am dollars or not, whether there is a con- like this that will go in and claw back talking about the accusation that a stitutional ability to do so is a ques- the money that you made? If you’re bill to correct a mistake is a coverup. tion I think that this body should be successful it may be clawed back. And The illogic of that is overwhelming. addressing and how that can be an- I have heard some people say, If you’re The lack, I think, of commitment here swered. unsuccessful, maybe you will be penal- to public policy is striking. The gen- The second aspect is the retro- ized. tleman is complaining about a mis- activity effect. Some of the provisions And I appreciate the fact that the take, and he calls an attempt to cor- in this bill I could probably come to chairman in Rules Committee yester- rect a mistake a coverup. What is the agreement with. But to step in here, day said, to paraphrase, he said, Fear coverup? This is a bill that was debated after the fact, and say that we are now not. If it goes through my committee, openly in a markup, it was debated going to go back, backwards in time I would not permit such language to go openly in the Rules Committee. It is and look at those very same corpora- forward. And I appreciate that. But as being debated openly on the floor. This accusation of coverup is not, it tions who had entered into contracts, the chairman knows, the bill we did, I seems to me, a serious contribution to had activity prior to their receiving think it was last Thursday, the 90 per- a debate on the merits. But there is TARP funds or other Federal dollars or cent tax, to the best of my knowledge, also the fundamental inconsistency on investments, capital investments, and did not go through your committee. the Republican side. They were op- now saying, we are going backwards You and I may have liked it to. But it posed, and the gentleman said this bill and we will basically open up agree- did not. is going to get us deeper into the af- ments and open up terms of deals over So we have seen the way this House fairs of corporations. How? By repeal- there and look back on them, seems to operates. When the mood drives the ing something the gentleman was op- be an activity that Congress should not Speaker or the majority leader, they posed to. engage in. can pass a bill through. A 90 percent If in fact the provision he didn’t like Prospective is another matter. For tax that basically makes the Tax Code hadn’t been put in there in the first companies or banks or other financial the penal code and punishes people for place, we wouldn’t have been so deeply institutions that want to engage and activity that they never realized was into it. This is simply, let’s find some- receive Federal dollars, absolutely. unlawful or inappropriate before, did thing to complain about. Let’s ignore They should be knowing what the not go through his committee. So to logic. terms of the deal are on the table. And all of the best wishes of the chairman, The gentleman says he doesn’t want if they accept them today, then those he unfortunately, may not have that us more deeply into corporations. Well, are the deals going forward. But to go ability to block that provision going then he should have been for that re- backwards in time really raises, as I forward as much as he and I might striction. Indeed, his quarrel with Sen- said before, an unconstitutional aspect. wish that he did. So the legislation ator DODD is not that he only got part Finally, the unfairness as far as the that is before us still puts that harmful of what he wanted, but that he moved disparate treatment that you may re- impact upon him. it at all. Because, remember, it was ceive within the same company. I And finally, if I still have some time, Senator DODD who initiated the further think the basic outrage that most we have to ask the larger question, restriction. Americans have on this situation is what actually does this do at the end of I reserve the balance of my time. when we read in the paper the multi- the day? Is it window dressing? Maybe. Mr. PRICE of Georgia. Mr. Chairman, million dollar deals or bonuses that The CHAIR. The time of the gen- I am pleased to yield to the gentleman people received, especially in those tleman has expired. from New Jersey (Mr. GARRETT) for 5 failing companies, and say, How do Mr. PRICE of Georgia. I yield the minutes. they receive millions and millions of gentleman 1 additional minute. Mr. GARRETT of New Jersey. I dollars? Well, this bill addresses that. Mr. GARRETT of New Jersey. What thank the gentleman from Georgia. Fine. But it also addresses that sec- did we actually do? Well, it puts lan- And I also thank the gentleman from retary who may be just working there guage in here which says that there Massachusetts, for I agree with him, as on weekends or part-time or even full- cannot be excessive or unreasonable most Americans do, with regard to the time making slightly over $10 an hour compensation. Yesterday, again, at underlying bill here as far as the appar- or more. That secretary comes within Rules Committee, somebody from our ent excesses, as far as the salaries that the confines of this bill too. The custo- side of the aisle and someone from the some people made when they were dian or other worker in the business other side of the aisle asked, What is underperforming companies. And I would also fall within the purviews of excessive or unreasonable compensa- share the concern that taxpayers have, tion? And quite candidly, they said and I share the chairman’s concern this legislation. Now the answer might be, well, we they couldn’t answer the question. with regard to his overall amendment are still going to look to see whether They will leave it to someone else. that he makes to the bill. But the un- their payment is reasonable or exces- I’m not sure if that is the right an- derlying bill here, however, has three sive. But why we would pick on those swer to that question. If you’re going or four fundamental problems. to have legislation like this, and I One, it is unconstitutional, as some individuals who did absolutely no don’t support the legislation, but if have said; secondly, it has an uncalled wrong and to say that now Congress is you’re going to have legislation like for retroactive effect; thirdly, there is going to be scrutinizing your salaries this unfairness as we treat disparate and see whether or not you were paid this, you should be doing it the way we individuals within the same company; far too much for the activities that you dealt with Fannie and Freddie when we and, fourthly, there is certainly a did in the company is beyond me. had that situation and say, We don’t harmful impact upon the very pro- Finally, the fourth portion, harmful. want anybody making more than X, grams that our now Secretary of the Secretary Geithner comes out, finally, and take the responsibility as Congress Treasury wishes to implement. after several failed attempts with his and say, We are going to put the dollar plan on how we are going to get out of amounts in it. This doesn’t. This abro- b 1600 this global morass that we are in right gates that to a Secretary of the Treas- On the unconstitutionality portion, I now, and how does he want to do it? He ury who can come up with who knows am unclear, as are outside experts who and the White House have opened their what? It could be $1 million. It could be

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.091 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4298 CONGRESSIONAL RECORD — HOUSE April 1, 2009 $10 million. It could be $100,000. It could stricting this to recipients of capital this committee, and they are not advi- be $50,000. infusions. Both of those bills included sory. The oversight panel is an advi- We should not be putting this ambi- that same restriction. The Committee sory role. guity in here. It doesn’t answer the on Financial Services had no great The five members of the Federal Fi- question. It is just one more way to say input into the tax bill. But the writers nancial Institutions Examination that this is a potentially harmful, un- of that bill accepted our language that Council, people with long experience in constitutional, retroactive legislation applied only to recipients of a capital regulating financial institutions, are to the overall global climate that we infusion. Similarly, the Judiciary bill the ones that have to sign off on any are in today. applies only to recipients of the capital regulations. So why is it simply the Mr. FRANK of Massachusetts. Mr. infusion. And I have now put every Secretary of the Treasury? The gen- Chairman, I have only one speaker re- other chairman on notice about assur- tleman from Georgia read off the biog- maining. ances that will be there. raphy of the Secretary of the Treasury. Mr. PRICE of Georgia. I have no The other thing the gentleman from He went to Dartmouth. Apparently speakers remaining, and I will consume New Jersey said indicates the split on that is a prerequisite today for Secre- the rest of our time when the gen- the Republican side. He denounced taries of the Treasury, as Mr. Paulson tleman is ready to close. retroactivity. There is a good argu- did. But what about Ms. Bair’s experi- Mr. Chairman, may I ask how much ment against retroactivity, and the ence? What about Mr. Duggan’s experi- time remains? courts may have to decide it. But re- ence? What about others who are in The CHAIR. The gentleman from member that unlike the gentleman that position who have had long experi- Georgia has 1 minute remaining. The from New Jersey with his consistency ence both in the private sector, as they gentleman from Massachusetts has 5 to principle, a large number of Repub- have, and as bank regulators? minutes remaining. licans, including the gentleman from This is an effort to caricature the Mr. PRICE of Georgia. Mr. Chairman, Nebraska, have been denouncing the bill. By the way, last year, the Repub- I think it is important to appreciate administration and the Senate pre- lican majority of the Senate, President that this bill is very far-reaching. It is cisely for accepting the principle that Bush, the Republican leadership of the not just a simple little exclusion of an you don’t go retroactive. The gen- Financial Services Committee and the amendment that was inserted in the tleman from New Jersey said, ‘‘Don’t Republican leadership of the House middle of the night on the previous $1 be retroactive.’’ But most of the other voted for a bill that gave more discre- trillion spending bill that the majority Republicans have been saying, ‘‘How tion to the Secretary of the Treasury passed. dare you not go retroactive?’’ alone. I understand that times change. It includes compensation arrange- The provision that kindled all the But a change in political control ments and includes compensation limi- anger that was put into the recovery should not lead to such a rapid change tation potential by the Secretary of bill was a provision that says, ‘‘Don’t in political opinion. And if retro- the Treasury. It also includes perform- apply these rules retroactively.’’ The activity is a terrible thing, then retro- ance-based standards that are also de- gentleman from New Jersey says, activity shouldn’t have been the cause fined by the Secretary of the Treasury. ‘‘Don’t apply the rules retroactively’’? of all that argument. Now what does that mean? The per- I guess he is lucky that his col- I repeat again. This says if you take formance in the bill or the performance leagues have decided not to denounce Federal money under the capital infu- of an individual executive or employee him. He is a very nice guy. That is sion program, you cannot issue exces- to whom the payment relates? The ad- probably what has charmed them. But sive or unreasonable payments, which herence by executives or employees to he has just articulated precisely the is what AIG did. And they didn’t just appropriate risk management require- principle that has led to that firestorm do the top executives. Why do we cover ments? And ‘‘other standards which of attack. everybody? Because AIG and others provide greater accountability to Now again, this bill undoes that. could cover everybody. And it says, shareholders and taxpayers.’’ Members said, Oh, but it does more ‘‘Let’s undo the mistake that was made What is all that? than that. And there is an implicit sug- during the recovery.’’ Well, Mr. Chairman, I would suggest gestion that if only, if we had only Obviously, the manager’s amendment that we don’t know what all that is. done that, it would have been okay. is not controversial. It has just been And that is why the American people But I repeat, the bill that only does the forum for more extended debate. I are so concerned about these issues. that was introduced 2 days before the hope the manager’s amendment is Because they know that the faith that markup. I don’t read every bill that is adopted. they have in the American system of introduced. No Member of the Repub- The CHAIR. The question is on the government and the American market- lican’s minority on the committee of- amendment offered by the gentleman place does not rest in the Secretary of fered an amendment to reduce this from Massachusetts (Mr. FRANK). the Treasury. It does not rest in the only to that repeal. No Republican in The amendment was agreed to. government. It rests in the ingenuity the House came to the Rules Com- AMENDMENT NO. 2 OFFERED BY MR. CARDOZA and the vitality of the American peo- mittee and said, You know, that provi- The CHAIR. It is now in order to con- ple. And that is where they want it to sion, that is a terrible provision. Let’s sider amendment No. 2 printed in remain. get rid of it. House Report 111–71. The CHAIR. The time of the gen- They don’t want to get rid of it, Mr. Mr. CARDOZA. Mr. Chairman, I have tleman from Georgia has expired. Chairman, because they want to be an amendment at the desk. Mr. FRANK of Massachusetts. Mr. able to attack it. Some of them want The CHAIR. The Clerk will designate Chairman, first, I appreciate the gen- to attack retroactivity, and some of the amendment. erosity of the gentleman from New Jer- them want to attack a bar on retro- The text of the amendment is as fol- sey when he accepts the fact that I in- activity. lows: tend to do this through the committee As to the standards, in the first Amendment No. 2 offered by Mr. CARDOZA: that I chair. He then suggested, how- place, members of the minority have In subsection (e) of the matter proposed to ever, that we might lose control of consistently—I guess it scares people be inserted by section 1(a), add at the end this. I’m talking now about the ability more—misstated the authority here. It the following: to restrict the recipients of the capital is to the Secretary of the Treasury and ‘‘(4) COMMUNITY FINANCIAL INSTITUTION EX- infusion. And he talked about a tax bill the Federal Financial Institutions Ex- EMPTION.— that didn’t come out of the Committee amination Council, a five-member ‘‘(A) IN GENERAL.—The Secretary may ex- on Financial Services and a bill just body, three of whom are George Bush empt community financial institutions from voted on today, defeated, out of Judici- appointees; the Comptroller of the Cur- any of the requirements of this subsection, when the Secretary finds that such an ex- ary. rency, Mr. Duggan; the head of the emption is consistent with the purposes of But I will assure him, given the sup- FDIC, Ms. Bair, and the chairman of this subsection. port of the leadership on the Demo- the Federal Reserve, Mr. Bernanke. ‘‘(B) COMMUNITY FINANCIAL INSTITUTION DE- cratic side, of the importance of re- They are three of the five members of FINED.—For the purposes of this paragraph,

VerDate Nov 24 2008 06:04 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.092 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4299 the term ‘community financial institution’ fornia has been a leader in this. This is Mr. PRICE of Georgia. Mr. Chairman, means a financial institution that receives a chance for us, in effect, to apologize I claim the time in opposition, though or received a direct capital investment under to community banks for criticism that I am not opposed. the Troubled Asset Relief Program under was undeserved and to assure them this title of not more than $250,000,000.’’. The CHAIR. Without objection, the that we will try to insulate them from gentleman from Georgia is recognized The CHAIR. Pursuant to House Reso- actions that should not occur that for 5 minutes. lution 306, the gentleman from Cali- would penalize them for things that fornia (Mr. CARDOZA) and a Member op- they didn’t do wrong. There was no objection. posed each will control 5 minutes. I thank the gentleman for his leader- Mr. PRICE of Georgia. Mr. Chairman, The Chair recognizes the gentleman ship. I want to commend my friend from from California. b 1615 California for introducing this amend- Mr. CARDOZA. Mr. Chairman, I yield ment. I think that it’s a good idea, but myself such time as I may consume. Mr. CARDOZA. I thank the chairman for his leadership on this and for his in my view, doesn’t go far enough. I I rise today in support of my amend- would also point out that it is purely ment. My amendment allows the Sec- help crafting this amendment. I thank his staff for the same. arbitrary, and that gets to the heart of retary of the Treasury to exempt com- the challenge that we have here, the munity bank TARP participants from Mr. FRANK of Massachusetts. If the gentleman would yield further, I would arbitrary nature of what we’re decid- compensation standards established by note that I’m going to introduce a leting. the Secretary as long as they have not ter from Camden Fine, the president received more than $250 million in Small financial institutions should and CEO of the Independent Commu- TARP funds and as long as doing so is be automatically exempt from this leg- nity Bank Association. consistent with the intent of this bill. islation. The best approach to pro- MARCH 31, 2009. tecting the taxpayers’ investment in The community banks were not the Re Support Cardoza Amendment to H.R. 1664. bad actors that led to the collapse of private business is through stronger DEAR REPRESENTATIVE: On behalf of the oversight and accountability, not by our credit markets, and we need them Independent Community Bankers of Amer- to be a part of the solution to our eco- ica, and its 5,000 members, I strongly urge further entrenching government in the nomic recovery. They are known for you to support the Cardoza Amendment to operations and management of hun- their prudent lending practices and H.R. 1664, the executive compensation legis- dreds of businesses across America, their commonsense compensation poli- lation applicable to TARP recipients. The many of which are community and re- Cardoza Amendment recognizes that commu- cies, which is why the vast majority of gional banks that did nothing, as my nity banks do not engage in the unreason- friends have commented, to create the them remain well capitalized and ready able and excessive compensation practices to lend. that are at the heart of the TARP bonus current financial challenge. By painting community banks with scandals. Indeed, given the government’s track the same brush as the financial institu- As a result of prudent lending practices record in piling up huge deficits and tions that abused the trust of the tax- and common-sense compensation policies, mismanaging a wide range of Federal the majority of community banks remain payers and their shareholders, we are strongly capitalized and ready to do their programs, there is little reason to be- unfairly adding to the regulatory bur- part to aid economic recovery through lend- lieve that it will have any more success den of these community banks, and we ing to households and small businesses. Rec- in running private enterprises. run the risk that they will drop out of ognizing the important role community The amendment leaves the discretion the Capital Purchase Program. banks play in our recovery, both the Obama and Bush Administrations have encouraged to the Secretary of the Treasury to ex- I do not support outrageous bonuses empt community financial institutions that were paid out of TARP funds to ir- community banks to participate in the TARP Capital Purchase Program. The Pro- from the legislation’s compensation responsible executives. But I also do gram provides additional resources to par- prohibitions. not support burdening community ticipating community banks to enhance banks with overbearing regulations their role as catalysts for economic recovery I would suggest, Mr. Chairman, that that are in response to actions made by in their local communities. rather than leaving this responsibility the larger institutions. Unfortunately, efforts to rein in excessive to the Treasury Secretary who, I might My amendment will make sure this and unreasonable compensation practices of add, failed to block the AIG bonuses MG and others have also reached the com- doesn’t happen by allowing the Treas- and who, by his own admission, has a munity banks. The broad-brush approach to very full plate these days. Why not ury Secretary to concentrate his ef- addressing compensation abuses needlessly forts on where the problem existed in and unfairly adds to the regulatory burden of simply exempt smaller TARP recipi- the first place and not in our commu- community banks participating in the Cap- ents entirely from the government nity banks. It will also encourage the ital Purchase Program. It would be a shame micromanagement of compensation participation of more community if well-intended, but misdirected, regulation levels for all employees that this bill of bank employee compensation forces com- imposes? banks in the Capital Purchase Program munity banks to withdraw from the program and will enhance their role as leaders or not sign up in the first place. I would reserve the balance of my in the economic recovery. The Cardoza Amendment takes a targeted time. I want to thank Chairman FRANK for approach to the regulation of executive and Mr. CARDOZA. I have no further employee compensation by allowing the Sec- working with me to craft this amend- speakers, Mr. Chair. I reserve to close. ment and to support my efforts to pro- retary of the Treasury to concentrate his ef- tect community banks from unfairly forts where the problems existed in the first Mr. PRICE of Georgia. Mr. Chairman, place—the largest financial institutions. The how much time remains? burdensome regulations. amendment allows the Secretary to exempt Mr. FRANK of Massachusetts. Will community financial institutions from the The CHAIR. The gentleman has 31⁄2 the gentleman yield? compensation standards established under minutes remaining. The gentleman Mr. CARDOZA. I yield to the gen- H.R. 1664, if the Secretary finds that an ex- from California has 2 minutes remain- tleman from Massachusetts. emption is consistent with the purposes of ing. Mr. FRANK of Massachusetts. I the new legislation. For purposes of the exemption, a community financial institution Mr. PRICE of Georgia. Mr. Chairman, thank the gentleman because this is is an institution that receives or has re- I yield the balance of our time to Mr. important not just for what it does but ceived not more than $250 million under the BACHUS from Alabama. for what it says. Community banks Capital Purchase Program. have not been the source of this prob- The Cardoza amendment will encourage Mr. BACHUS. Mr. Chairman, I just lem. They didn’t make bad subprime the participation of community banks in the want to ask the sponsor a question. loans. They didn’t get into CDOs. They Capital Purchase Program and enhance the You have included in the original, in have been unfairly blamed and to some community bank industry’s role as leaders the legislation before us, it includes all in our economic recovery. Thank you for extent burdened. And it should be our financial institutions who accepted considering our views. TARP money; is that correct? commitment, and we are, we are trying Sincerely, to do this in other ways, with the FDIC CAMDEN R. FINE, I ask the chairman of the full com- assessment. The gentleman from Cali- President and CEO. mittee.

VerDate Nov 24 2008 06:04 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.028 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4300 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Mr. FRANK of Massachusetts. Cap- there are other things that people do under this title after the date of enactment ital infusions from TARP. There are with it. And I understand. But if the of this subsection’’; and other forms of TARP money, but ac- gentleman is asking me do I under- (2) strike ‘‘any existing compensation ar- cept capital infusions of TARP money. stand that I’m disagreeing to some ex- rangement’’ and insert ‘‘any compensation arrangement other than a compensation ar- Mr. BACHUS. This only involves cap- tent with the President and the Sec- rangement entered into prior to the date of ital infusions. retary of the Treasury, yes, sometimes enactment of this subsection’’. Mr. FRANK of Massachusetts. Only that happens. The CHAIR. Pursuant to House Reso- the capital infusions, the gentleman If the gentleman would yield, the lution 306, the gentleman from New from Alabama’s idea, as I give him Secretary of the Treasury apparently York (Mr. MEEKS) and a Member op- credit for. sponsored the restriction against retro- posed each will control 5 minutes. Mr. BACHUS. What about AIG? activity. He is on the side of the gen- The Chair recognizes the gentleman Would they be included? tleman from New Jersey (Mr. GARRETT) from New York. Mr. FRANK of Massachusetts. Yes, against retroactivity. I am here with a Mr. MEEKS of New York. Mr. Chair- because AIG did get a TARP capital in- bill that undoes something the Sec- man, I, like most Americans, was deep- fusion. retary of the Treasury did. ly upset and emotionally charged when Mr. BACHUS. So it’s all TARP. Mr. BACHUS. But my question to I learned of the bonuses that AIG gave Mr. FRANK of Massachusetts. They you, Chairman FRANK, is, this bill ap- to its employees. didn’t originally, as the gentleman plies to all employees of all these insti- I, like most Americans, believe knows, but there was subsequently a tutions, does it not? strongly that if you receive taxpayer TARP addition to. Mr. FRANK of Massachusetts. If the dollars, you should have standards to Mr. BACHUS. And I’m sincerely try- gentleman will yield. Yes, because in limit abuses. I believe that this bill ing to—and I think amendment is an AIG we had hundreds of people—yes, it does begin to set those standards, but improvement. And I think the basis for does. with just one flaw. it, as you both said, we don’t want to Mr. BACHUS. Yes, it does. It covers To correct this flaw, I had to con- limit the salaries of people who were every employee and every financial in- template, because some have said this not at fault. stitution, the several hundred who amendment may not be the safest I think what this bill, Mr. FRANK, were actually urged last week by this thing for me to do. Some say, for the what, Chairman FRANK, you’re attack- President to keep the money and which sake of expedience, this may not be the ing is what you’ve called a, and I know we’re getting a 5 percent dividend. political thing for me to do. And others the sponsor of the bill said last night The CHAIR. The time of the gen- say for the sake of vanity, it definitely that the people who have been ripping tleman has expired. may not be the popular thing to do. off the American taxpayer by stealing Mr. CARDOZA. Mr. Speaker, just But I’m reminded of Dr. King, who money and sucking it into their own today, the New York Times reported said, there comes a time when one pockets. that four small banks were returning must take a position that is neither Mr. FRANK of Massachusetts. If the our TARP funds because of the onerous safe, nor political, nor popular, but one gentleman would yield, I never used regulations they find themselves hav- must take that position because it’s that language. That’s not my language ing to comply with. If we apply the the right thing to do. Mr. BACHUS. That was his. But I same regulations to small banks that The rule of law and economic growth guess what I’m saying, I think the phi- we do to the big ones, more community have been critically linked in the de- losophy behind this bill is we, the tax- banks will opt out of the TARP pro- velopment of our Nation. The strength payers, are going to come into people gram, and I think to some disadvan- of our laws allows investors to trust who caused this problem and limit tage to districts like mine that are suf- that they can do business here. A legal their salaries; at least that’s what he fering so badly. system like ours provides protection has said on two or three occasions. My amendment will make sure that and has allowed investors to innovate But I guess my question to you, what they can take TARP funds and still not and take risks unsurpassed anywhere about the institutions that have not have to deal with some of these regula- else in the world. caused any of the problem and were tions. I think that’s a positive move- Right now we are undergoing a nec- urged to take the money by the Sec- ment in the right direction. essary and painful examination of our retary of the Treasury, and even those I actually thank Mr. BACHUS for say- system of regulation and of our finan- last week, you know, again, the Presi- ing that this was a step in the right dicial markets and the risks that were dent, last week, urged these companies rection, and I enjoy working with him taken. However, we have to be careful to keep the money and not to return it. and my colleague from Georgia. that, in this process of correction and And I guess—— I urge the adoption of this amend- damage control, we do not do more Mr. FRANK of Massachusetts. Will ment. harm than good. I fear that if we legis- the gentleman yield? I yield back the balance of my time. late changes to the rules in the middle Mr. BACHUS. Yes. The CHAIR. The question is on the of the game, we begin to undermine the Mr. FRANK of Massachusetts. Well, amendment offered by the gentleman trust that has made us so strong. the President and I agree a lot, but not from California (Mr. CARDOZA). Do we really want to be dismantling all the time. I’d like people to return The amendment was agreed to. confidence in our laws now? the money. It’s good for the taxpayers. AMENDMENT NO. 3 OFFERED BY MR. MEEKS OF This body should be the safety meas- It’s a sign that they are stable, and we NEW YORK ure against arbitrary governance, not specifically amended the law to allow The CHAIR. It is now in order to con- the entity that ushers it in. Just be- them to return it, and I encourage sider amendment No. 3 printed in cause we can do it doesn’t mean we them to return it. House Report 111–71. should. Yes, we can take retroactive Mr. BACHUS. But now do you realize, Mr. MEEKS of New York. I have an action. We have that sovereign right. and I believe the chairman is sincere, amendment at the desk. And Congress has acted accordingly in do you realize that while you’re urging The CHAIR. The Clerk will designate the past. But we should do so carefully them to return it, the President and the amendment. and in a limited and not a broad way. the Secretary of the Treasury are say- The text of the amendment is as fol- The Supreme Court has made it clear ing, please don’t return it because lows: that Congress has the right to act when you do, it will restrict or reduce Amendment No. 3 offered by Mr. MEEKS of retroactively, but its right is not un- lending? New York: fettered. And our Founding Fathers Mr. FRANK of Massachusetts. Will In subsection (e)(1) of the matter proposed were strong in their concern about to be inserted by section 1(a)— breaching contracts. James Madison the gentleman yield? (1) strike ‘‘has received or receives a direct Mr. BACHUS. Yes. capital investment under the Troubled As- summed it up this way: Bills of attain- Mr. FRANK of Massachusetts. If it’s sets Relief Program under this title’’ and inder, ex post facto laws and laws impair- going to reduce their lending, then sert ‘‘receives a direct capital investment ing the obligation of contracts, are they probably shouldn’t return it. But under the Troubled Assets Relief Program contrary to the first principles of the

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.097 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4301 social compact and to every principle requires that there be a balanced de- If, in fact, the challenge were to proof sound legislation. bate. The gentleman previously said he tect taxpayers, as our friends on the I am concerned about unintended was not in opposition. Neither was I. I other side of the aisle say, if Demo- consequences that will impact the jobs did not try to claim the time. But I be- crats were so eager to protect tax- linked to the financial services indus- lieve the spirit of parliamentary debate payers, then why would they not com- try in the United States and the poten- is vitiated if there are two proponents mit to ending taxpayer-subsidized bail- tial impact on our economic recovery and no opponent. The rule calls for an outs? That is the simple solution to all efforts. The fact is, in New York, there opponent and a proponent. I claimed of this, Mr. Chairman. aren’t just fat cats on Wall Street. the time. The gentleman has said he The reason we are here in this circui- There are everyday people that com- was not in opposition to it, and I am. I tous logic of Washington is that the mute to their jobs from my district. do believe in fairness, and I believe taxpayers are benefiting private indus- Those jobs are directly and indirectly fairness requires that it be a balanced try. The solution to this, Mr. Chair- linked to the financial services sector, debate. man, is to make it so we are not put- and as the sector goes, so goes their Mr. PRICE of Georgia. Parliamen- ting taxpayer liability, hard-earned jobs. tary inquiry. taxpayer money, on the table for pri- I just heard from one company that The CHAIR. The gentleman from vate industry. is losing approximately 1,000 people a Georgia will state it. Why don’t they guarantee that they week, many going to foreign competi- Mr. PRICE of Georgia. Does the will not provide the Treasury with any tors, and they aren’t able to hire chairman of the committee not have more TARP funds for the future? enough employees to replace them. time available to him on general leave? POINT OF ORDER I’ve also heard from companies that The CHAIR. Not time for debate. Mr. NADLER of New York. Point of Mr. BACHUS. Mr. Chairman, would are nervous about participating in pub- order, Mr. Chairman. the gentleman who is controlling the lic/private partnerships because of the Mr. PRICE of Georgia. Why don’t time yield to the ranking member? uncertainty that Congressional action they encourage the Treasury to The CHAIR. The gentleman from could cause. Our actions are having a produce—— Georgia does not control the time. The chilling effect on government efforts to The CHAIR. The gentleman will sus- gentleman has not been recognized for partner with the private sector in pend. meaningful ways. control of the time nor has the gen- The gentleman from New York will In closing, Mr. Chairman, and to sum tleman from Massachusetts. The chair state his point of order. up, let’s do something. Yes, we must do is responding to a parliamentary in- Mr. NADLER of New York. The gen- something. But let’s do something that quiry. tleman from Georgia obtained the floor The gentleman from Georgia is rec- won’t have unintended consequences. in opposition after stating that he was ognized for the purpose of his par- Let’s not do something that will make not opposed and then stating that he liamentary inquiry. an already difficult economic situation was opposed. We have not heard a word far worse and perhaps irreversibly so. b 1630 of opposition to the amendment. We Let’s not cut off our nose to spite our Mr. PRICE of Georgia. Mr. Chairman, have heard some skepticism about the face. I claim the time in opposition. bill, but we have not heard a word I find myself, for the reasons out- PARLIAMENTARY INQUIRY about opposition to the amendment. I lined, concerned about H.R. 1664, even Mr. FRANK of Massachusetts. Mr. think, as a matter of order, that we are as I support most of its provisions and Chairman, parliamentary inquiry. entitled to hear opposition to the its intent. The CHAIR. The gentleman will state amendment so I can make up my mind And I urge my colleagues to support his inquiry. on this amendment. this amendment. Mr. FRANK of Massachusetts. The Mr. PRICE of Georgia. Point of order, I retain the balance of my time. gentleman has said he is not in opposi- Mr. Chairman. Mr. PRICE of Georgia. Mr. Chairman, tion, so how could he get the time in The CHAIR. The gentleman is recog- I claim the time in opposition, though opposition preferred over someone who nized for his point of order. I am not opposed to the amendment. is in opposition? Mr. PRICE of Georgia. As a matter of PARLIAMENTARY INQUIRIES The CHAIR. The gentleman from fact, had the gentleman been listening Mr. FRANK of Massachusetts. Par- Georgia has stated that he is opposed. to my debate, I pointed out, whether it liamentary inquiry, Mr. Chairman. Mr. FRANK of Massachusetts. Point was prospective or retrospective, that The CHAIR. The gentleman is recog- of order, Mr. Chairman. The gentleman it was a bad idea for this Congress to nized for his parliamentary inquiry. from Georgia, 2 minutes ago, said he adopt because it further launches us Mr. FRANK of Massachusetts. I am was not opposed. I don’t think the con- down the road of a political economy. in opposition to the amendment. Does version was that rapid. He said he was Mr. NADLER of New York. That is that give me priority in claiming the rising in opposition even though he was not in opposition to the amendment. time? not in opposition. He clearly stated That is in opposition to the bill. The CHAIR. The time in opposition is that. The CHAIR. The chair discerns no reserved for an opponent of the amend- The CHAIR. The Chair will take the cognizable point of order. The gen- ment. gentleman from Georgia at his word. tleman from Georgia has been recog- Mr. FRANK of Massachusetts. I am The gentleman from Georgia is rec- nized for the purposes of opposition to an opponent of the amendment. ognized for 5 minutes in opposition to the amendment. Mr. PRICE of Georgia. Mr. Chairman, the amendment. The gentleman from Georgia may parliamentary inquiry. Mr. PRICE of Georgia. Mr. Chairman, continue. The CHAIR. The gentleman from I would point out that the amendment Mr. PRICE of Georgia. May I inquire Georgia is recognized. is a curious one. It points out the chal- as to the time remaining? Mr. PRICE of Georgia. If I claim the lenge that we have when we march The CHAIR. The gentleman from time in opposition, does the minority down this path of a political economy— Georgia has 31⁄2 minutes remaining. have the right to claim that time? where Members of Congress are decid- The gentleman from New York has 1 The CHAIR. It is the discretion of the ing specific items for private enter- minute remaining. Chair to recognize for the time in oppo- prises and where the Secretary of the Mr. PRICE of Georgia. Mr. Chairman, sition someone truly opposed to the Treasury is about to be given remark- as I was saying, if our friends on the amendment. However, in exercising able authority, whether it is retro- other side of the aisle were so enam- that discretion, the chair might con- active or prospective. That is why ored with wanting to protect the tax- sider balance in the control of time for many of us on our side of the aisle op- payer, why wouldn’t they encourage debate. pose this kind of launch into a political the Secretary of the Treasury and the Mr. FRANK of Massachusetts. Mr. economy where the government con- Treasury Department to produce an Chairman, I would respond this way. I trols winners and losers from the very exit strategy to this launch into a po- think fairness on an important issue beginning. litical economy that stifles creativity,

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.099 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4302 CONGRESSIONAL RECORD — HOUSE April 1, 2009 that stifles entrepreneurship, that sti- restriction on what you could do going sector directly employs only about 9 fles vision, that stifles the very vital- forward depending on when people took percent of our city’s private sector, it ity of the American system, a system the TARP money. accounts for more than one-third of its that has created more opportunity and It says this would only apply as writ- payroll, and those individuals in ancil- more success for more individuals than ten—and I know the gentleman wanted lary businesses therein are affected. any Nation in the history of mankind? to modify it. If you now have TARP Therefore, I am just trying to take Mr. Chairman, I would suggest that money and do not refuse it, you are not care of those average, everyday Ameri- this amendment and others to this bill, covered by this. The amendment says, cans. to the underlying bill, are a launch in if you now have TARP money and de- The CHAIR. The time of the gen- the wrong direction whether we are cide to keep it, you are not covered by tleman has expired. talking about prospective or retrospec- this. It is far too broad. It is broader Mr. PRICE of Georgia. Mr. Chairman, tive activity on this amendment. even than the retroactivity. It says I understand I have 30 seconds. I am pleased to yield to my friend only those companies that now decide The CHAIR. The gentleman is cor- from Alabama for the remainder of our to take an infusion under TARP will be rect. time. restricted. I know the gentleman want- Mr. PRICE of Georgia. I am pleased Mr. BACHUS. Mr. Chairman, the gen- ed to change it at the last minute. I to yield my 30 seconds to the chairman tleman who offered this amendment didn’t think that was appropriate at of the committee. expressed some reservations about the the last minute. Mr. FRANK of Massachusetts. I ap- underlying bill in that it would affect The other part of it is this: The gen- preciate that, and I would emphasize employees and executives who were not tleman says he wants to protect any- the point made by the gentleman from at fault and who, in some cases, did not thing already done. He wants to ban California, which is, as drafted, the ask for the money. retroactivity. That is precisely what amendment would say that people who In the interest of fairness, I would has gotten everybody excited about have had billions of dollars in TARP like to hear from the chairman of the what the Senate put into the recovery money are not covered by this amend- full committee as to whether or not he bill. ment. Billions of dollars. shares the gentleman’s reservations Mr. SHERMAN. Mr. Chairman, I ask The question of the average worker is and my reservations also. I would yield unanimous consent that the time on a bit of a straw employee. No one is to the chairman. the amendment be extended on both talking about getting to that level, and Chairman FRANK, a member of the sides by 30 seconds. that has not been the problem, but if majority on your committee expressed The CHAIR. Is there objection to the you talk only about the top executives, strong reservations about this bill and request of the gentleman from Cali- AIG gave bonuses to hundreds of peo- about it affecting all employees. fornia? ple. I don’t believe anyone thinks sec- At this time, I would like to yield the There was no objection. retaries are getting excessive and un- remaining amount of time to the gen- The CHAIR. The Chair recognizes the reasonable amounts of money or huge tleman from Massachusetts. gentleman from New York. bonuses. Mr. FRANK of Massachusetts. How Mr. MEEKS of New York. I recognize Again, if you vote for this amend- much time is remaining that has been the gentleman from California for 30 ment, you are removing the debate yielded to me? seconds. about the part of the recovery bill that The CHAIR. The gentleman from Mr. SHERMAN. I thank the gen- says no retroactivity. Georgia has 2 minutes remaining and I tleman. The CHAIR. The question is on the understand that the gentleman from Mr. Chairman, I would point out that amendment offered by the gentleman Alabama has yielded that 2 minutes to the amendment, as written, means that from New York (Mr. MEEKS). you, Mr. Chairman. the bill does not apply to any company The amendment was rejected. The gentleman from New York has 1 that has already received a TARP infu- AMENDMENT NO. 4 OFFERED BY MS. BEAN sion of capital. It applies only to those minute remaining, and reserves the The CHAIR. It is now in order to con- who receive infusions of capital in the right to close. sider amendment No. 4 printed in Mr. FRANK of Massachusetts. I future. The Treasury Secretary has an- House Report 111–71. thank the gentleman from Alabama for nounced that he is not going to make Ms. BEAN. Mr. Chairman, I rise in a sense of fairness that I wish had been any infusions of capital in the future. support of the amendment that I have more present in the House. He is going to use the TARP money for authored with my colleague from New We are here, talking about retro- a completely different program. So the York, Congressman MCMAHON. activity. Again, this raises the central effect of the amendment is to gut the The CHAIR. The Clerk will designate issue. People on the Republican side bill. the amendment. have been objecting to a provision Mr. MEEKS of New York. The bill The text of the amendment is as fol- added in the recovery bill that says does not mandate it, and the sole pur- lows: ‘‘no retroactivity.’’ This does that pose of this bill is as I indicated. again, so I don’t understand. If people At one point, the President said we Amendment No. 4 offered by Ms. BEAN: should be thoughtful and careful as we In subsection (e) of the matter proposed to are genuinely opposed to the amend- be inserted by section 1(a) of the bill, redes- ment added to the recovery bill, they move forward, and I don’t believe, in ignate paragraph (3) as paragraph (4) and in- cannot consistently be supportive of order of fairness, that in the middle of sert after paragraph (2) the following: this amendment. The principle is the a game we can change the rules. There- ‘‘(3) CONDITIONAL EXEMPTION.— same. fore, once the game is completed, then ‘‘(A) REPAYMENT AGREEMENT.—Paragraph Is the principle of no retroactivity a we should change the rules. I just (1) shall not apply to a financial institution terrible abuse of the taxpayer or is it a think that there are ordinary people, that has entered into a comprehensive agree- matter of fairness? It cannot be both. not executives, who are affected by the ment with the Secretary to repay the United So Members who vote for this amend- bill. States, in accordance with a schedule and terms established by the Secretary, all out- ment are voting to ratify what was I have talked to people in my district standing amounts of any direct capital in- done in the recovery bill. If it passes, who are depending on certain funds and vestment or investments received by such in- then people will not be able to argue on certain contracts that were written stitution under this title. that the recovery bill, without giving before we got into the TARP money, ‘‘(B) DEFAULT.—If the Secretary deter- Members a chance to vote, took away and they need that to pay their mort- mines that an institution that has entered an important part of the restriction, gages. When you look at the effects on into an agreement as provided for in sub- because that is the question. It is more the City of New York, the mayor of the paragraph (A) has defaulted on such agree- than retroactivity in that sense. Al- city has said, in the past 2 years, the ment, the Secretary shall require that any compensation payments made by such insti- though, the gentleman did want to firms on Wall Street have reported tution that would have been subject to para- modify the amendment, and I didn’t losses of more than $54 billion and may graph (1) if the institution had not entered think, at this late date, that that was eventually lay off one quarter of their into such an agreement be surrendered to appropriate. It even would allow some workforce. While the financial services the Treasury.’’.

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.102 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4303 The CHAIR. Pursuant to House Reso- and of the challenges that average question is on which end do you wait? lution 306, the gentlewoman from Illi- Americans are facing knows these bo- The gentlewoman has suggested that nois (Ms. BEAN) and a Member opposed nuses could not pass the smell test, but people would want to pay it and they each will control 5 minutes. we must be thoughtful and measured. can’t get it all paid at once, and that’s The Chair recognizes the gentle- Mr. Chair, we know the government true, and therefore, they should imme- woman from Illinois. has to play a role to keep our financial diately be removed from the restric- Ms. BEAN. Mr. Chairman, like many institutions solvent. tions. But the alternative is this: They of our colleagues and constituents, we b 1645 announced they are going to pay it, were outraged by bonuses paid to those they plan to make the compensation A bank failure of the size of some of who brought down AIG and the econ- adjustments, and they pay them—they our largest institutions would rever- omy along with it. simply defer them for a couple of berate throughout the economy with Today’s bill allows the Secretary of months. In other words, it seems to me the Treasury to disallow unreasonable the cascading effect not only on deposi- tors but would greatly affect the abil- there are two possible arguments. bonuses to employees of TARP recipi- One is that the repayment period ity of individuals to access credit. In ents. Our amendment recognizes, as did my city of New York, these institu- would be a very long period, in which Ranking Member BACHUS’s just a few tions also mean jobs, hundreds of thou- case I wouldn’t want there to be a toll- minutes ago, that some financial insti- sands of them from the trading floors ing of the provision. The other is that tutions who did participate in the to the restaurants and the car services. the repayment period will be a fairly TARP program did so because they We are intrinsically linked to the suc- short period, in which case it’s only a were asked to by the Treasury or want- cess of this industry, and I want to see short period to have to wait until they ed to provide additional loans, not be- it recover. pay the bonuses. cause they needed it or had failed in Our amendment is simple. When an So I think that is a better way to their businesses. While they expected institution which took TARP funds deal with it. It is not an unreasonable compensation limits for top executives, starts to pay back the TARP funds, we position. The question is where do you they did not expect to be disallowed will lift these restrictions on pay. do the risk. from providing bonuses company-wide. Merit bonuses are an important part of This way they say we’re going to The underlying bill allows for an in- employee compensation in the finan- repay, they do a repayment schedule, stitution to be free from the bonuses cial services industry. And I know it is and as soon as they repay, they can and compensation restrictions once it also important to my city because we make those payments. In other words, returns the entire direct Federal in- are dependent on the income from the the entity that determines how long it vestment back to the government. This bonuses to pay for critical municipal will be is the repaying entity. carries the risk of unintended con- services. They directly help to put I think the good legal principle is it’s sequences that could harm the very teachers in schools, cops on the street, the entity that controls the timing taxpayers we seek to protect. firefighters in the firehouses. that bears the burden of a delay. If First, if major financial institutions This amendment is an incentive for they delay too much, then they have a seek to exempt themselves from these these companies to get back their fi- problem. If they do it promptly, then restrictions by returning all of the nancial health. Once companies that they don’t have a problem because they Federal Government’s TARP invest- receive TARP funds start repaying the can make the payments. And I do ment at once, they may need to raise TARP funding, we will lift these rethink with all the other burdens that capital through a major sell-off of equi- strictions. If you continue to repay, you put on the secretary—and then I ties or other assets. This kind of pres- you will have the ability to reward lon- guess the other question is well what if sure on the market was a big contrib- gevity and performance with bonuses. people say they are going to repay, and utor to the market crash last fall, and If for some reason you stop repaying, for some reason they aren’t able to we should seek to avoid turning back then you fall under these restrictions make the scheduled payments. Do they the clock. of this bill. have to rescind the bonuses? Do we get Second, if they were to pay back too All of us want to see the U.S. tax- into that again? quickly, their financial well-being payers made whole. This gives an in- So I would prefer to leave it as we could be jeopardized and could add incentive to the employees who are have now. People can announce they’re stability to our credit markets. working at these companies trying to going to repay and the more quickly This amendment is a commonsense right the ship to know that when they they repay, the more quickly they can approach, excepting companies who ad- turn their company around and pay make those payments, and there is here to a repayment program as de- back the taxpayer, they will be justly nothing that stops them from telling fined by the Treasury. and fairly rewarded as well. people, By the way, we plan to repay, Over 500 financial institutions have For these reasons, I urge my col- and as soon as we do, you’ll get this received a direct capital investment up leagues to support the Bean-McMahon raise, you’ll get this bonus. I think to this point. Four major institutions amendment. that is a better way to go. have begun to pay back their TARP in- Mr. FRANK of Massachusetts. Mr. I reserve the balance of my time. vestments, and many hope to do so Chairman, I rise to claim the time in Ms. BEAN. Mr. Chairman, can I ask making taxpayers whole again. Forcing opposition. how much time I have left? institutions to return the money at The CHAIR. The gentleman from The CHAIR. The gentlewoman has 1 once could decrease lending signifi- Massachusetts (Mr. FRANK) is recog- minute remaining. cantly and could further destabilize nized for 5 minutes. Ms. BEAN. I will reserve. our economy. At the same time, those Mr. FRANK of Massachusetts. Mr. The CHAIR. The gentleman from companies that do not agree to a re- Chairman, I would say by explanation I Massachusetts has 21⁄2 minutes remain- payment plan would be subject to have consulted and I appreciate the co- ing. bonus limits on unreasonable bonus operation of the members of the minor- Mr. FRANK of Massachusetts. Who payments. ity. The minority is not opposed to this has the right to close? I now would like to yield 2 minutes bill. I am not opposed to the next The CHAIR. The gentleman from to Congressman MCMAHON from New amendment that’s going to be offered. Massachusetts has the right to close. York. So we’ve agreed to take 5 minutes Mr. FRANK of Massachusetts. I have Mr. MCMAHON. Mr. Chair, I rise in each, and I think we then have worked one remaining speaker, so I will re- support of this amendment which I everything out so that on the next one, serve my right to close. offer along with my esteemed colleague we will get an equality of time and Ms. BEAN. Mr. Chairman, in re- from Illinois, Congresswoman BEAN. there will be real opposition. And I ap- sponse I would say that it’s the Treas- Like all Americans, I was appalled at preciate the accommodation that the ury that gets to decide what type of re- the bonuses from AIG. These bonuses members showed in reaching this. payment plan, whether that’s a long were wrong in so many ways, and any- I understand the principle because repayment or a short repayment. We one with any sense of the frustrations it’s one we have in the bill, but the had considered putting a monthly or

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.106 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4304 CONGRESSIONAL RECORD — HOUSE April 1, 2009 quarterly limit on it, maybe six quar- Ms. BEAN. Mr. Chairman, I demand a guage of the bill, Goldman Sachs will ters on it, but I would trust the Treas- recorded vote. no longer be subject to the require- ury’s judgement to make sure that it The CHAIR. Pursuant to clause 6 of ments of the bill. And for that matter, would be done in a way that doesn’t de- rule XVIII, further proceedings on the AIG will not be subject to the require- stabilize our markets. amendment offered by the gentle- ments of the bill because AIG does And with that, I will yield back. woman from Illinois will be postponed. business with Goldman Sachs which is Mr. FRANK of Massachusetts. Mr. AMENDMENT NO. 5 OFFERED BY MR. BILIRAKIS a TARP recipient. Chairman, I yield my remaining time The CHAIR. It is now in order to con- As you can guess, virtually all of the to the gentleman from California, Mr. sider amendment No. 5 printed in largest TARP recipients have done SHERMAN. House Report 111–71. business with each other and therefore Mr. SHERMAN. I thank the Chair- Mr. BILIRAKIS. Mr. Chairman, I will escape the compensation restric- man. have an amendment at the desk. tions of H.R. 1664 if this language is not I think a lot of us would like compa- The CHAIR. The Clerk will report the corrected. nies to repay the TARP money as amendment. My amendment solves this problem quickly as possible. I think that’s true The text of the amendment is as fol- by clarifying the language in the bill to of those who voted against the bill, and lows: eliminate the possibility of this unin- I think it’s true of many of those who voted in favor of it. And I might sup- Amendment No. 5 offered by Mr. BILIRAKIS: tended result. In subsection (e)(1) of the matter proposed Mr. FRANK of Massachusetts. Will port this amendment if it was one that to be inserted by section 1(a) of the bill, in required companies to repay in a 6- the gentleman yield? the matter following subparagraph (B), Mr. BILIRAKIS. Yes, I will yield. month schedule, or a 1-year schedule. strike ‘‘Provided that’’ and all that follows But this amendment allows compa- Mr. FRANK of Massachusetts. I un- through ‘‘under the TARP’’ and insert ‘‘An derstand the gentleman from Georgia nies to escape all the provisions of the institution shall not become subject to the bill just by entering into a schedule of requirements of this paragraph as a result of is going to take the time in non-opposi- repayment that could be a 10-year doing business with a recipient of a direct tion. I want to thank the gentleman schedule or a 15-year schedule. And I capital investment under the TARP or under from Florida for bringing this forward. don’t think that a company should be the amendments made by the Housing and It is important that we have this to- able to escape the bill just by repaying Economic Recovery Act of 2008’’. tally nailed down. Ambiguity is to be us the money over the next 10 or 15 The CHAIR. Pursuant to House Reso- avoided at all costs, and he’s performed years. After all, all of the companies lution 306, the gentleman from Florida a useful service with this amendment. who got the TARP money are supposed (Mr. BILIRAKIS) and a Member opposed Mr. BILIRAKIS. Mr. Chairman, I re- to be repaying it; many of them in a each will control 5 minutes. serve the balance of my time. shorter period than over the next 10 or The Chair recognizes the gentleman Mr. PRICE of Georgia. Mr. Chairman, 15 years. from Florida. through a previous understanding, I Fairness would say that we should Mr. BILIRAKIS. Mr. Chairman, I claim the time in opposition, though I not treat a company that’s repaying us yield myself as much time as I may am not opposed. over a 15-year schedule differently than consume. The CHAIR. Without objection, the a company that has not entered into a Mr. Chairman, this Congress has an gentleman from Georgia is recognized particular repayment schedule. obligation to protect taxpayers. The for 5 minutes. So I would hope that we would defeat $590 billion that was handed to Wall There was no objection. this amendment because the amend- Street firms does not belong to Wall Mr. PRICE of Georgia. Mr. Chairman, ment, as written, would allow a large Street. That money is the property of I want to commend my friend from number of companies to escape the ef- the American people. The fact that I Florida for his appropriate reading of fect of the bill without doing much voted against the TARP legislation is the bill and appropriate correction more than making a few monthly pay- no excuse for me to wash my hands of through this amendment in clarifying ments, potentially of a very small the matter. I have a duty to my con- that TARP recipients will not be sub- amount. stituents and to the American tax- ject to the requirements as a result of As to the issue of retroactivity, there payers to do everything in my power to doing business with a TARP recipient. is much discussion over what happened protect their investment. I would suggest, however, Mr. Chair- in the Senate, but here in the House, H.R. 1664 will impose restrictions on man, that the reason that it feels so we didn’t vote for this version of the TARP recipients who refuse volun- peculiar, this whole debate feels so pe- Dodd amendment or that version of the tarily to change their excessive com- culiar is because the American people Dodd amendment. We just had the con- pensation practices. However, those know that the reason we’re standing ference report before us. firms that are not receiving taxpayer here today is because we went beyond Those of us who voted ‘‘yes’’ on the dollars who directly engage in business the bounds of what government ought conference report at least voted for a with a TARP recipient must be assured to be doing. And so my friend from provision that would prevent crazy bo- they will not find themselves falling Florida recognizes an appropriate flaw nuses in the future. And there are many Members—in fact, the entire Re- within the compensation restrictions in the underlying bill and has appro- publican side of the House who voted of this bill. priately corrected it by his amend- against the stimulus bill. That means The bill, as written, recognizes this ment. they voted against a provision that and states that a company that did But, Mr. Chairman, the real flaw is would prevent huge $6 million AIG bo- business with a recipient of TARP the action that this Congress has taken nuses in the future. And their only ex- funds will not be subject to the require- and this administration, and Mr. Chair- cuse is, well, they would have hoped for ments of the bill. This language gives man, the previous administration in an amendment that would have pre- assurance to the non-TARP recipients moving our Nation into an economy vented the bonuses in the past. that it is safe to do business with those that is no longer market-based but is When a bill comes before us that firms on taxpayer life support, which is politically based. That is a very dan- would prevent $6 million bonuses from vitally important to protect taxpayer gerous place to be. being paid to AIG executives in the fu- investments. So I want to commend my friend ture, and you vote against the bill, it is However, this same language in the from Florida for what he has done for a very small fig leaf to say that you bill has the potential to inadvertently his amendment. are nonetheless opposed to excessive let most, if not all, TARP recipients off I urge my colleagues to support this bonuses. the hook. amendment. The CHAIR. The question is on the For example, Goldman Sachs is a I yield back the balance of my time. amendment offered by the gentle- TARP recipient and has engaged in Mr. BILIRAKIS. Mr. Chairman, I woman from Illinois (Ms. BEAN). business with AIG, another TARP re- strongly recommend that the Members The question was taken; and the cipient. Since Goldman Sachs does vote favorably on this very important Chair announced that the noes ap- business with a recipient of TARP amendment. peared to have it. moneys, then by the terms of the lan- I yield back the balance of my time.

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.108 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4305 The CHAIR. The question is on the trous year has gone there. You can ex- Mr. Chairman, there’s a reason that amendment offered by the gentleman pect that their stockholders are going the American economy has been the from Florida (Mr. BILIRAKIS). to be a little cranky about the cor- greatest economy in the world, and The amendment was agreed to. porate compensation. Carl Icahn sup- that’s because of the structure that we b 1700 ports this provision. And the Nether- have that allows shareholders to par- lands has adopted this. In the Nether- ticipate in appropriate, nonbinding de- AMENDMENT NO. 6 OFFERED BY MR. DE FAZIO lands, the way it works is it’s prospec- cisions. The CHAIR. It is now in order to con- tive. The next year’s salary package What are their options as share- sider amendment No. 6 printed in has to be approved by the stockholders holders if they don’t like the way a House Report 111–71. in a vote. company is running? Well, they have Mr. DEFAZIO. I have an amendment Now, the bill does refer, the provision two, and you know what they are, Mr. at the desk. regarding say-on-pay, to the SEC, and I Chairman. They could vote ‘‘no’’ or The CHAIR. The Clerk will designate would leave that intact so it would be vote for a different board of directors, the amendment. up to the SEC to figure out how this which is their direct input into the The text of the amendment is as fol- might work. Perhaps there’s already an running of the company, which gives it lows: egregious pay package in effect and that vitality and that vibrancy. Mr. Amendment No. 6 offered by Mr. DEFAZIO: voting against a prospective package Chairman, they can sell their shares. At the end of the bill insert the following: wouldn’t even get at the underlying—I That’s the beauty of the system. (c) SHAREHOLDER APPROVAL OF EXECUTIVE can understand that some people would My friend from Oregon wants to have COMPENSATION.—Subsection (f)(2) of section say that this needs a little work, but I the shareholders be not just the owners 111 of the Emergency Economic Stabilization trust the SEC to get there. Act of 2008 (12 U.S.C. 5221) is amended— but the managers of the company. You With that, I yield to the chairman. talk about dampening the vitality and (1) by striking ‘‘shall not be binding’’ and Mr. FRANK of Massachusetts. I inserting ‘‘shall be binding’’; and the spirit of the American entre- (2) by striking ‘‘and may not be construed’’ thank the gentleman for yielding. preneur. You talk about inserting into He’s raised a very important issue. and all that follows and inserting ‘‘and any the board of directors’ room a situation My attitude on this amendment is al- compensation payment arrangement not ap- where you can’t begin to expand in a most certainly yes but not yet. He’s proved by such a vote may not be entered way that you ought to expand. You into by the TARP recipient.’’. raised some of the questions. There’s a can’t begin to grow your business in little bit too much to give to the SEC. The CHAIR. Pursuant to House Reso- the way that you want because the They will ultimately have to admin- lution 306, the gentleman from Oregon next step from here, Mr. Chairman, is (Mr. DEFAZIO) and a Member opposed ister it. I would give him my word—he remembers he voted for it in 2007, the to move it on to further discussions each will control 5 minutes. and debates and decisions within the The Chair recognizes the gentleman say-on-pay bill, when we first brought it in the House. It was then advisory. I board of directors. from Oregon. Mr. Chairman, this is truly a very believe it is time to consider going fur- Mr. DEFAZIO. I rise in support of the poor idea. It’s an idea that this Con- ther and as part of the whole corporate bill, and I’m very favorable to the say- gress should not embrace. It’s an idea governance, because an alternative is on-pay provision. I’m going to propose that, again, further gets us down to the to simply empower the shareholders that we actually add to that provision, Congress deciding in a very political more to have real control of the board. but first, I’ve been a bit bemused by way who ought to be winners and los- the debate today and listening from my So I intend to vote ‘‘no’’ now with the commitment to the gentleman ers. You can just imagine the logical office to hear from the Republican side extension of the waywardness of this that they’re saying, well, it’s the from Oregon that this will be seriously studied in our committee later this kind of amendment. Democrats’ fault that there aren’t So I urge my colleagues to vote ‘‘no’’ more meaningful restrictions, but year. Mr. DEFAZIO. With that, I reserve on the amendment. we’re against these meaningful restric- I reserve the balance of my time. tions. So I’m going to give them a the balance of my time. Mr. PRICE of Georgia. Mr. Chairman, Mr. DEFAZIO. I believe I have the chance here to maybe be a little more I claim the time in opposition. right to close. Does he have further consistent because I’m going to offer a The CHAIR. The gentleman from speakers? free-market approach to enhancing Georgia is recognized for 5 minutes. The CHAIR. The gentleman from protections for stockholders and tax- Mr. PRICE of Georgia. Mr. Chairman, Georgia has the right to close. payers against excessive corporate ex- as one amendment after another con- Mr. DEFAZIO. Okay. Well, then I ecutive remuneration. It’s a free-mar- tinues to show, this is a very dangerous yield myself the balance of my time. ket approach, and it’s also a demo- road we’re on, and I would underscore The gentleman refers to the board of cratic approach because it would allow that for this amendment. directors. He’s apparently not particu- the owners of the company, the stock- This amendment fundamentally un- larly conversant with how those elec- holders, to cast not just an advisory dermines the purpose of a board of ditions are set up so that it is extraor- vote but a binding vote on corporate rectors. This says that the share- dinarily difficult to nominate and/or compensation. holders, the owners of the company, replace anyone on boards of directors Now, I know we’re going to hear con- will set the compensation for individ- the way most corporate governance is cerns about this, and perhaps again uals not at the board of directors level set up. they will be extraordinarily incon- but on down in the company. You know, it’s amazing to me that sistent on their side of the aisle, be- Now, why should we stop there, Mr. somehow those who have a direct inter- moaning the fact that we didn’t do this Chairman? Why should the share- est, Americans who own the stock, earlier but not wanting to do it now in holders not decide where the corporate they should just sell their stock. Well, a more meaningful way. headquarters is? Why should the share- maybe their stock’s worth half what it But the issue here is very real. The holders not decide, in a binding way, was last year because of crumby man- growth in corporate compensation has what type of business endeavor the agement, and he says, well, just sell been extraordinary. We’ve gone from a company goes into, whether it expands your stock because they lost half your 40:1 ratio to the average worker 25 into this area or that area? Why should money and let the CEO still get an ex- years ago to nearly 400:1 in many cases the shareholders not decide on any em- orbitant salary. Come on, is that a now, and Americans are justifiably ployment decision? good decision? No. outraged, and they’re particularly out- Well, Mr. Chairman, the answer is The other alternative would be to ac- raged when it’s sometimes now their very clear, and that is because that’s tually allow the owners, in what I taxpayer money which is going to sup- not the way to retain whatever rem- think is a fairly well-accepted form of port these lavish lifestyles. nant we have left of a vital American government in the United States of We have examples of some corpora- economic system. America, those people to actually vote tions that have recently gone to bind- My friend cites the nation of the in a meaningful and binding way, as ing votes. NBIA after a rather disas- Netherlands, the European companies. opposed to an advisory way, to a board

VerDate Nov 24 2008 06:04 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.113 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4306 CONGRESSIONAL RECORD — HOUSE April 1, 2009 of directors who are all first cousins, AMENDMENT NO. 7 OFFERED BY MRS. ment affirms the intent of H.R. 1664 by who all serve on each other’s boards, DAHLKEMPER taking a very comprehensive view of and all feather each other’s nests and The CHAIR. It is now in order to con- the concept of executive compensation all compensate themselves very well. sider amendment No. 7 printed in and, in turn, possible prohibited execu- Come on, we all know how this works. House Report 111–71. tive compensation. If you want to just stick up for the Mrs. DAHLKEMPER. I have an Mr. Chairman, like most of my col- current system, then stop this sort of amendment at the desk. leagues on both sides of the aisle, my bifurcated argument, oh, the Demo- The CHAIR. The Clerk will designate district has been hit especially hard by crats are really bad because they didn’t the amendment. this economic downturn. Traveling The text of the amendment is as fol- do this earlier, and it was in another across my district, I have heard the lows: bill that could have been or should same story from far too many middle- have been but we don’t want to do it Amendment No. 7 offered by Mrs. class families about how they’re bear- DAHLKEMPER: ing the brunt of a faltering economy. now, and we don’t want to do it in a In subsection (e)(1)(B), of the matter pro- meaningful way. That’s where the Re- posed to be inserted by section 1(a), insert In fact, many of my constituents who publicans are coming down here, and I after ‘‘payment’’ the following: ‘‘, whether have worked hard and played by the find it to be a most disingenuous argu- payable before employment, during employ- rules have had to take a pay cut simply ment. ment, or after termination of employment,’’. to keep their job. With that, I yield back the balance of In subsection (e), of the matter proposed to Various small businesses across my be inserted by section 1(a), add at the end district have had to make some hard my time. the following new paragraph: Mr. PRICE of Georgia. Mr. Chairman, choices. Many have had to reduce their ‘‘(4) COMPENSATION CONSIDERATIONS UNDER workforce. Executives and workers what time remains? THE STANDARDS.—In establishing standards alike have had to take sometimes up to The CHAIR. The gentleman from under this subsection, the Secretary shall 20 percent reductions in their income, Georgia has 2 minutes remaining. consider as compensation any transfer of property, payment of money, or provision of while others have had to reduce their Mr. PRICE of Georgia. The gen- services by the financial institution that work week to 4 days. tleman, the author of the amendment causes any increase in wealth on the part of As a small business owner myself, I says that it’s difficult to vote on board an executive or employee.’’. understand firsthand that the small of director elections. Well, it may be a The CHAIR. Pursuant to House Reso- business community is struggling just little challenge to fill out a form that lution 306, the gentlewoman from to keep employees on the payroll and comes in the mail. It may be a bit of a Pennsylvania (Mrs. DAHLKEMPER) and a the lights on at the end of the day. challenge to get to headquarters to Member opposed each will control 5 Mr. Chairman, my constituents work vote, but in fact, that’s the way that minutes. hard and meet their responsibilities shareholders have their input, and it’s The Chair recognizes the gentle- every day. And their hard-earned tax an appropriate way. woman from Pennsylvania. dollars are being used to bail out com- And the real response to his di- Mrs. DAHLKEMPER. Mr. Chairman, panies, some of which were responsible lemma, his concern, is that if 50 per- I yield myself such time as I shall con- for the economic downturn we have cent, plus one, of the shareholders vote sume. today. What they ask for in return is a member of the board of directors out, Mr. Chairman, I rise today to offer an accountability, transparency, and to that member of the board of directors amendment to H.R. 1664 to clarify and play by the same rules as everybody is gone, and therefore, there’s the ac- strengthen key provisions within this else. countability. And that’s imperative important legislation that provides The purpose of this legislation before that we retain that. crucial protection for taxpayer dollars. us is to set up an operating framework What does this amendment mean? I strongly support H.R. 1664, legisla- to give taxpayers the confidence that This amendment means, again, that tion that prohibits ANY institution the irresponsible actions of some of the the shareholders become not just the that has received a direct capital in- bad actors will not be repeated again. owners of the company but the man- vestment under TARP from paying any The purpose of my amendment is to agers of the company. And that’s, employee compensation that is ‘‘unrea- offer additional clarity to that end. All again, Mr. Chairman, not the way that sonable or excessive.’’ It also prohibits excessive bonuses at taxpayer expense you allow and create a vibrant and in- any bonus or payment that is not di- are prohibited regardless of when the cisive and wonderful entrepreneurial rectly based on performance-based executive worked at the company. All spirit across this land that has resulted standards set by the Treasury Sec- excessive bonuses at taxpayer expense in the remarkable success of the Amer- retary. My constituents are demanding are prohibited regardless of what form ican economy. accountability from financial institu- they take. What this amendment means is that tions that are receiving taxpayer as- Mr. Chairman, I came to Congress to pension plans and retirement plans are sistance. represent the interests of my constitu- put at risk because if we allow share- The amendment that I offer to you ents on Main Street. That means put- holders to become not just owners of today speaks on behalf of those de- ting in place important protections to companies but managers of companies, mands by closing loopholes that may safeguard taxpayer dollars. That’s why then the result will be that companies exist in order to protect taxpayers as I’m offering my amendment today. will not be able to institute the kind of TARP-funded companies allocate bo- I thank the chairman for working wonderful opportunities for their busi- nuses to their employees. It specifies with me on developing this amendment nesses and, hence, their shareholders. that H.R. 1664 includes payments made and for his leadership, and that’s why I before, during, or after employment of So I urge my colleagues not to march urge a ‘‘yes’’ vote on my amendment. the executive by the financial institu- further down this road. This is a road I reserve the balance of my time. tion receiving a direct capital invest- upon which we should not be; but, Mr. Mr. BACHUS. Mr. Chairman, I rise to ment under the TARP section 1117 of Chairman, we find ourselves moving claim the time in opposition. the Housing Economic Recovery Act of headlong in the direction of greater The CHAIR. The gentleman from 2008. governmental intervention into the Alabama is recognized for 5 minutes. Furthermore, my amendment helps private industry in a very dangerous Mr. BACHUS. I yield myself 4 min- to clarify that prohibited executive way. utes and also ask the sponsor of the compensation for purposes of this bill amendment if she would remain on the I urge my colleagues to oppose this may take the form of money paid, amendment. floor because I have a question for her, property transferred, or services ren- and also the gentleman from New Jer- I yield back the balance of my time. dered. sey has a question. The CHAIR. The question is on the There are many possible forms of amendment offered by the gentleman compensation, and indeed, there’s a b 1715 from Oregon (Mr. DEFAZIO). virtual industry which specializes in Mr. BACHUS. Mr. Chairman, the un- The amendment was rejected. nurturing this diversity. This amend- derlying bill applies to any executive

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.116 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4307 or employee of these companies. The because, as I said, the AIG and other The CHAIR. Is there objection to the amendment by Mrs. DAHLKEMPER de- experiences show hundreds of employ- request of the gentleman from Ala- fines payment as payment before em- ees could be involved. bama? ployment, during employment, or after Mr. BACHUS. I understand what the Mr. FRANK of Massachusetts. Re- termination of employment, which al- chairman is saying. But this bill ap- serving the right to object, how many most appears to be almost a cradle-to- plies to all these financial institutions. minutes? grave period of time. I believe this is a sweeping definition Mr. BACHUS. Extend the time by 1 Having said that, I have got specific of compensation. minute on each side. concerns. I’d like to engage in a col- The CHAIR. The time of the gen- Mr. FRANK of Massachusetts. One is loquy with the gentlelady from Penn- tleman has expired. The gentleman has the outer limit of everybody’s patience, sylvania about her amendment. used 4 minutes of his 5 minutes. but I won’t object. Would your amendment enable the The gentlewoman from Pennsylvania The CHAIR. Is there objection to the Treasury Secretary to establish com- has 11⁄2 minutes remaining. request of the gentleman from Ala- pensation standards for employees Mrs. DAHLKEMPER. Mr. Chair, I bama? after they retire? think this is just a straightforward There was no objection. Mrs. DAHLKEMPER. If this is exces- amendment that is basically closing Mr. BACHUS. I yield myself 1 sive, any time before or after. loopholes. I urge a ‘‘yes’’ vote on this. minute. Mr. BACHUS. So he could determine Mr. FRANK of Massachusetts. Will We don’t know how long all this is that any payment after they retire was the gentlewoman yield to me? going to last. But what I will say is you excessive or unreasonable? Mrs. DAHLKEMPER. I yield. are giving—for every employee of these Mrs. DAHLKEMPER. Yes, it does. Mr. FRANK of Massachusetts. Let companies, you’re giving the Secretary Mr. BACHUS. Would those standards me respond to the gentleman from Ala- of the Treasury the right to control include retirement plans, pension bama. It does close loopholes. Golden their pension benefits, their retirement plans, and retiree medical benefits pro- parachutes are a form of retirement. benefits, their health benefits, whether vided by the company? We have cases where executives after intended or not. Mrs. DAHLKEMPER. Only while the retirement get the use of airplanes, get I don’t think that you can assure me investment is outstanding, if it’s in the use of other things. And it is true that the power will not be abused in violation of the rules. that it has only been executives. We the future because, as the gentlelady Mr. BACHUS. You mean the Treas- have no contemplation that anybody said, her amendment includes any com- ury Secretary could limit retirement would use this for lower level, average pensation for the rest of their life. It benefits, pension benefits, and their employees. But if you limit it to 5 ex- also includes any compensation before medical benefits? ecutives, 10 executives in some of these they arrived at the company. Mrs. DAHLKEMPER. If it’s in viola- large companies, yes, you do invite That, to me, is a very broad brush. I tion of the rules. problems. And it would be a very easy would definitely oppose this amend- Mr. BACHUS. If he thinks it’s a vio- thing to do to say, Okay, we’re only ment. lation. All right. Your amendment re- going to give you this now, but once Mr. FRANK of Massachusetts. Will quires the Treasury Secretary to con- you retire, we’ll give you all the extra the gentlelady yield? sider any increase in wealth on the money we couldn’t give you in the first Mrs. DAHLKEMPER. I yield to the part of the executive or employee as place. It is certainly the case that out- gentleman from Massachusetts. compensation. Would the gentlelady sized retirement packages to a handful Mr. FRANK of Massachusetts. I please provide what her definition of of favored employees has been a part of thank the gentlewoman. wealth is? Would wealth include retire- the problem. I will take the 1 minute that was ment plans, pension plans, medical Mr. BACHUS. Will the gentlewoman yielded to say, once again, this only benefits? yield? applies while they have got TARP Mrs. DAHLKEMPER. Yes, it does. Mrs. DAHLKEMPER. I yield. money. The notion that TARP is going Mr. BACHUS. I would say, What if an Mr. BACHUS. It does. In other words, to live forever is a fantasy—or, that employee upon his retirement is given the Secretary of the Treasury would people won’t pay it back. This only ap- stock in the company and 10 years have what I would consider sweeping plies during the duration of TARP. after his retirement—— rights to limit retirement benefits, Secondly, there is a scare tactic here Mr. FRANK of Massachusetts. I ask medical benefits, and pension plans for that I think is belied by the facts. I do the gentlewoman to yield me back the any and all employees if he deemed not think any Secretary of the Treas- time. that they were unreasonable or exces- Mrs. DAHLKEMPER. I yield. ury I have seen, served with, or read sive or more than he deemed proper. Is Mr. FRANK of Massachusetts. Stock about, would decide that the health that correct? of that sort would not count. If it is benefits of a thousand workers could be Mrs. DAHLKEMPER. If they’re un- stock that goes up in time, that is not excessive or unreasonable. reasonable and excessive. a problem. Stock that is going to sim- I will tell the gentleman this. I wish Mr. BACHUS. The gentlelady under- ply be regular stock, and it goes up, we lived in a society in which we had stands that you’re giving sole discre- that’s not covered. to worry about excessive and unreason- tion to a few people to determine The CHAIR. The gentlewoman from able pension benefit for retirees who whether someone—in other words, all Pennsylvania controls the time. are simply rank and file workers. employees’ pension, health, or retire- Mrs. DAHLKEMPER. I reserve the That’s not a problem that has ever ment benefits are excessive. Is that balance of my time. arisen. what the gentlelady intended to do? Mr. FRANK of Massachusetts. Would So I think this is, frankly, an objec- That’s what her amendment does. the gentlewoman yield further? tion in search of a reason. Yes, you Mr. FRANK of Massachusetts. Will Mrs. DAHLKEMPER. I yield. want to avoid what we know has been the gentleman yield? Mr. FRANK of Massachusetts. The used—putting it into the back end or Mr. BACHUS. I yield. other problem is this. The gentleman the front end or trying to do it in Mr. FRANK of Massachusetts. In from Alabama, my good friend, is ap- tricky ways. And that’s what the gen- fairness to the gentlewoman, she’s parently assuming that the TARP will tlewoman correctly wants to stop. amending into the base of the bill. live forever, because by the time a lot The CHAIR. The time of the gentle- There had been a notion that you just of these people have been retired, we woman has expired. The gentleman did the top executives. AIG made it hope they have paid back the TARP from Alabama has 1 minute remaining. clear there could be hundreds of people funds. Mr. BACHUS. I yield that minute to covered. The CHAIR. The time of the gentle- the gentleman from New Jersey (Mr. Yes, I trust no Secretary of the woman has expired. GARRETT). Treasury that I’ve ever seen would say Mr. BACHUS. I ask unanimous con- Mr. GARRETT of New Jersey. I’m re- that a cost of living or even salary in- sent that each side be given an addi- minded of the statement that the near- crease—but it does cover all employees tional 1 minute. est thing to immortality on this Earth

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.121 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4308 CONGRESSIONAL RECORD — HOUSE April 1, 2009 is a Federal agency or Federal pro- A recorded vote was ordered. Castor (FL) Holden Price (NC) Chandler Holt Rahall gram. So some things do apparently The vote was taken by electronic de- Christensen Honda Reyes live forever—and that’s Federal Gov- vice, and there were—ayes 228, noes 198, Clay Hoyer Richardson ernment programs. answered ‘‘present’’ 1, not voting 10, as Cleaver Inslee Rodriguez And on to this point, if the gentle- Clyburn Jackson (IL) Rohrabacher follows: Coffman (CO) Jackson-Lee Ros-Lehtinen lady is still on the floor, the history of [Roll No. 180] Connolly (VA) (TX) Rothman (NJ) the underlying problem here is AIG. Conyers Johnson (GA) Roybal-Allard And it did in fact start not as a TARP AYES—228 Costa Johnson, E. B. Ryan (OH) Ackerman Giffords Moran (KS) Costello Kagen Sablan program, but as the Fed Reserve, and Courtney Kaptur Sa´ nchez, Linda that was 9/16, when the Fed gave an $85 Aderholt Gingrey (GA) Murphy, Patrick Adler (NJ) Gohmert Murphy, Tim Cummings Kildee T. billion loan to AIG. That did change, as Akin Goodlatte Myrick Dahlkemper Kilpatrick (MI) Sarbanes the gentlelady knows, on November 10, Alexander Granger Nadler (NY) Davis (AL) Kilroy Schakowsky Davis (CA) Kissell Schauer and it basically became a Federal Altmire Graves Neal (MA) Austria Griffith Neugebauer Davis (IL) Klein (FL) Schiff TARP program when the loan was re- Bachmann Guthrie Nunes DeFazio Kosmas Schrader structured and reduced. And it eventu- Bachus Hall (TX) Nye DeGette Kucinich Scott (GA) Barrett (SC) Harman Oberstar Delahunt Langevin Scott (VA) ally changed again on March 2. I as- DeLauro Larson (CT) Serrano sume the gentlelady who’s the sponsor Bartlett Harper Olson Bean Hastings (WA) Paul Dicks Lee (CA) Shea-Porter of the bill is familiar with that history. Biggert Heller Paulsen Dingell Lewis (GA) Sherman I will yield to the gentlelady to make Bilbray Hensarling Pence Doggett Linder Shuster Donnelly (IN) Lipinski Sires sure that she is understanding of the Bilirakis Herger Perlmutter Bishop (NY) Himes Peterson Doyle Loebsack Skelton history of how we got here. Bishop (UT) Hoekstra Petri Driehaus Lofgren, Zoe Slaughter ´ Mr. FRANK of Massachusetts. Would Blackburn Hunter Pitts Edwards (MD) Lujan Space the gentlewoman yield? Blunt Inglis Platts Edwards (TX) Lynch Speier Ellison Matsui Spratt Mrs. DAHLKEMPER. I will yield. Boccieri Israel Poe (TX) Boehner Issa Polis (CO) Ellsworth McCarthy (NY) Stark Mr. FRANK of Massachusetts. The Bonner Jenkins Pomeroy Eshoo McDermott Stupak gentlewoman was not a Member of the Bono Mack Johnson (IL) Posey Faleomavaega McGovern Sullivan Congress when those events transpired. Boozman Johnson, Sam Price (GA) Farr McNerney Sutton Boucher Jones Putnam Fattah Meek (FL) Tauscher Mr. GARRETT of New Jersey. Just to Boustany Jordan (OH) Radanovich Filner Melancon Taylor the gentlelady. I appreciate that. To Brady (TX) Kanjorski Rangel Frank (MA) Michaud Teague the gentlelady—I just ran through the Broun (GA) Kind Rehberg Fudge Miller (NC) Thompson (CA) Gonzalez Miller, George Tierney history of saying that it initially began Brown (SC) King (IA) Reichert Brown-Waite, King (NY) Roe (TN) Gordon (TN) Mitchell Titus as a Fed program and then became a Ginny Kingston Rogers (AL) Grayson Mollohan Tonko TARP program, without any restric- Burgess Kirk Rogers (KY) Green, Al Moore (KS) Towns tions on it. Burton (IN) Kirkpatrick (AZ) Rogers (MI) Green, Gene Moore (WI) Tsongas Buyer Kline (MN) Rooney Grijalva Moran (VA) Van Hollen ´ The CHAIR. The question is on the Calvert Kratovil Roskam Gutierrez Murphy (CT) Velazquez amendment offered by the gentle- Camp Lamborn Ross Hall (NY) Murtha Visclosky woman from Pennsylvania (Mrs. Campbell Lance Royce Halvorson Napolitano Walz Hare Norton Wasserman DAHLKEMPER). Cao Larsen (WA) Ruppersberger Capito Latham Rush Hastings (FL) Obey Schultz The question was taken; and the Cassidy LaTourette Ryan (WI) Heinrich Olver Waters Chair announced that the noes ap- Castle Latta Salazar Herseth Sandlin Ortiz Watson Chaffetz Lee (NY) Scalise Higgins Pastor (AZ) Watt peared to have it. Hill Payne Waxman Mr. FRANK of Massachusetts. Mr. Childers Lewis (CA) Schock Clarke LoBiondo Schwartz Hinchey Perriello Welch Chairman, I demand a recorded vote. Coble Lowey Sensenbrenner Hinojosa Peters Wexler The CHAIR. Pursuant to clause 6 of Cohen Lucas Sessions Hirono Pierluisi Wilson (OH) Hodes Pingree (ME) Woolsey rule XVIII, further proceedings on the Cole Luetkemeyer Sestak Conaway Lummis Shadegg ANSWERED ‘‘PRESENT’’—1 amendment offered by the gentle- Cooper Lungren, Daniel Shimkus woman from Pennsylvania will be post- Crenshaw E. Shuler Cantor poned. Crowley Mack Simpson NOT VOTING—10 Cuellar Maffei Smith (NE) ANNOUNCEMENT BY THE CHAIR Culberson Maloney Smith (NJ) Barton (TX) Pallone Thompson (MS) The CHAIR. Pursuant to clause 6 of Davis (KY) Manzullo Smith (TX) Kennedy Pascrell Westmoreland Davis (TN) Marchant Smith (WA) Levin Sanchez, Loretta rule XVIII, proceedings will now re- Miller, Gary Schmidt sume on those amendments printed in Deal (GA) Markey (CO) Snyder Dent Markey (MA) Souder b 1758 House Report 111–71 on which further Diaz-Balart, L. Marshall Stearns proceedings were postponed, in the fol- Diaz-Balart, M. Massa Tanner Messrs. VAN HOLLEN, VISCLOSKY, lowing order: Dreier Matheson Terry KILDEE, Ms. KILPATRICK of Michi- Duncan McCarthy (CA) Thompson (PA) Amendment No. 4 by Ms. BEAN of Illi- Ehlers McCaul Thornberry gan, Messrs. WATT, HONDA, nois. Emerson McClintock Tiahrt TIERNEY, BUTTERFIELD, BECERRA, Amendment No. 7 by Mrs. Engel McCollum Tiberi BERMAN, GEORGE MILLER of Cali- Etheridge McCotter Turner DAHLKEMPER of Pennsylvania. fornia, BERRY, ORTIZ, DOYLE, Fallin McHenry Upton ´ The Chair will reduce to 5 minutes Flake McHugh Walden LUJAN, ARCURI, LYNCH, BISHOP of the time for any electronic vote after Fleming McIntyre Wamp Georgia, RYAN of Ohio, KLEIN of Flor- the first vote in this series. Forbes McKeon Weiner ida, CLEAVER, GORDON of Tennessee, Fortenberry McMahon Whitfield Ms. ESHOO, Ms. KAPTUR, Ms. ROS- AMENDMENT NO. 4 OFFERED BY MS. BEAN Foster McMorris Wilson (SC) LEHTINEN, Ms. LINDA T. SA´ NCHEZ The CHAIR. The unfinished business Foxx Rodgers Wittman Franks (AZ) Meeks (NY) Wolf of California, Mrs. HALVORSON, Ms. is the demand for a recorded vote on Frelinghuysen Mica Wu KOSMAS, Ms. WASSERMAN the amendment offered by the gentle- Gallegly Miller (FL) Yarmuth SCHULTZ, Ms. PINGREE of Maine and woman from Illinois (Ms. BEAN) on Garrett (NJ) Miller (MI) Young (AK) Ms. SLAUGHTER changed their vote which further proceedings were post- Gerlach Minnick Young (FL) from ‘‘aye’’ to ‘‘no.’’ poned and on which the noes prevailed NOES—198 Messrs. FRANKS of Arizona, RYAN by voice vote. Abercrombie Berry Brown, Corrine of Wisconsin, NEAL of Massachusetts, The Clerk will redesignate the Andrews Bishop (GA) Buchanan GALLEGLY, MCHENRY, FLAKE, Arcuri Blumenauer Butterfield amendment. HENSARLING, TIM MURPHY of Penn- The Clerk redesignated the amend- Baca Bordallo Capps Baird Boren Capuano sylvania, MASSA and Ms. CLARKE ment. Baldwin Boswell Cardoza changed their vote from ‘‘no’’ to ‘‘aye.’’ RECORDED VOTE Barrow Boyd Carnahan Becerra Brady (PA) Carney So the amendment was agreed to. The CHAIR. A recorded vote has been Berkley Braley (IA) Carson (IN) The result of the vote was announced demanded. Berman Bright Carter as above recorded.

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.123 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4309 Stated for: Posey Schrader Titus b 1805 Price (NC) Schwartz Tonko Mr. MARKEY of Massachusetts. Madam Rahall Scott (GA) Towns So the amendment was agreed to. Speaker, on rollcall No. 180, I inadvertently Rangel Scott (VA) Tsongas The result of the vote was announced voted ‘‘aye’’, but intended to vote ‘‘no.’’ Reyes Serrano Van Hollen as above recorded. Richardson Shea-Porter ´ AMENDMENT NO. 7 OFFERED BY MRS. Velazquez Rodriguez Sherman Visclosky The CHAIR. The question is on the DAHLKEMPER Rooney Shuler Walz committee amendment in the nature of Ros-Lehtinen Sires The CHAIR. The unfinished business Wasserman a substitute, as amended. Ross Skelton is the demand for a recorded vote on Schultz Rothman (NJ) Slaughter The committee amendment in the the amendment offered by the gentle- Roybal-Allard Smith (WA) Waters nature of a substitute, as amended, was woman from Pennsylvania (Mrs. Ruppersberger Space Watson Watt agreed to. DAHLKEMPER) on which further pro- Rush Speier Ryan (OH) Spratt Waxman The CHAIR. Under the rule, the Com- ceedings were postponed and on which Sablan Stark Weiner mittee rises. the noes prevailed by voice vote. Salazar Stupak Welch Accordingly, the Committee rose; ´ Wexler The Clerk will redesignate the Sanchez, Linda Sutton and the Speaker pro tempore (Mr. amendment. T. Tauscher Wilson (OH) Sarbanes Taylor Woolsey WEINER) having assumed the chair, Mr. The Clerk redesignated the amend- Schakowsky Teague Wu JACKSON of Illinois, Chair of the Com- ment. Schauer Thompson (CA) Yarmuth mittee of the Whole House on the state Schiff Tierney RECORDED VOTE of the Union, reported that that Com- The CHAIR. A recorded vote has been NOES—180 mittee, having had under consideration demanded. Aderholt Gerlach Moran (KS) the bill (H.R. 1664) to amend the execu- A recorded vote was ordered. Akin Gingrey (GA) Moran (VA) tive compensation provisions of the Alexander Gohmert Murphy, Tim The CHAIR. This will be a 5-minute Austria Goodlatte Myrick Emergency Economic Stabilization Act vote. Bachmann Granger Neal (MA) of 2008 to prohibit unreasonable and ex- The vote was taken by electronic de- Bachus Graves Neugebauer cessive compensation and compensa- Barrett (SC) Guthrie vice, and there were—ayes 246, noes 180, Nunes tion not based on performance stand- Bartlett Hall (TX) Olson answered ‘‘present’’ 1, not voting 10, as Biggert Harper Paul ards, pursuant to House Resolution 306, follows: Bilbray Hastings (WA) Paulsen he reported the bill back to the House Bilirakis Heller Pence with an amendment adopted by the [Roll No. 181] Bishop (UT) Hensarling Petri Committee of the Whole. AYES—246 Blackburn Herger Pitts Blunt Hoekstra The SPEAKER pro tempore. Under Abercrombie Diaz-Balart, L. Kilroy Platts Boehner Hunter Poe (TX) the rule, the previous question is or- Ackerman Diaz-Balart, M. Kind Bonner Inglis Adler (NJ) Dicks Kissell Price (GA) dered. Bono Mack Issa Putnam Altmire Dingell Klein (FL) Boozman Jenkins Is a separate vote demanded on any Andrews Doggett Kosmas Radanovich Boucher Johnson (IL) Rehberg amendment to the amendment re- Arcuri Donnelly (IN) Kratovil Boustany Johnson, Sam Reichert Baca Doyle Kucinich Brady (TX) Jones ported from the Committee of the Roe (TN) Baird Driehaus Langevin Broun (GA) Jordan (OH) Whole? If not, the question is on the Rogers (AL) Baldwin Edwards (MD) Larsen (WA) Brown (SC) King (IA) Rogers (KY) amendment. Barrow Edwards (TX) Larson (CT) Buchanan King (NY) Rogers (MI) The amendment was agreed to. Bean Ellison Lee (CA) Burgess Kingston Rohrabacher Becerra Ellsworth Lewis (GA) Burton (IN) Kirk The SPEAKER pro tempore. The Roskam Berkley Engel Loebsack Buyer Kirkpatrick (AZ) question is on the engrossment and Royce Berman Eshoo Lofgren, Zoe Calvert Kline (MN) Ryan (WI) third reading of the bill. Berry Etheridge Lowey Camp Lamborn ´ Scalise Bishop (GA) Faleomavaega Lujan Campbell Lance The bill was ordered to be engrossed Bishop (NY) Farr Lynch Cao Latham Schock and read a third time, and was read the Blumenauer Fattah Maffei Capito LaTourette Sensenbrenner Boccieri Filner Maloney Sessions third time. Carter Latta The SPEAKER pro tempore. The Bordallo Foster Markey (CO) Cassidy Lee (NY) Sestak Boren Frank (MA) Markey (MA) Castle Lewis (CA) Shadegg question is on the passage of the bill. Boswell Fudge Massa Chaffetz Linder Shimkus The question was taken; and the Boyd Giffords Matheson Shuster Childers Lipinski Speaker pro tempore announced that Brady (PA) Gonzalez Matsui Coble LoBiondo Simpson Braley (IA) Gordon (TN) McCarthy (NY) Coffman (CO) Lucas Smith (NE) the ayes appeared to have it. Bright Grayson McCollum Cole Luetkemeyer Smith (NJ) RECORDED VOTE Brown, Corrine Green, Al McDermott Conaway Lummis Smith (TX) Brown-Waite, Green, Gene McGovern Costello Lungren, Daniel Snyder Mr. FRANK of Massachusetts. Mr. Ginny Griffith McIntyre Crenshaw E. Souder Speaker, I demand a recorded vote. Butterfield Grijalva McNerney Culberson Mack Stearns A recorded vote was ordered. Capps Gutierrez Meek (FL) Davis (KY) Manzullo Sullivan The vote was taken by electronic de- Capuano Hall (NY) Meeks (NY) Deal (GA) Marchant Tanner Cardoza Halvorson Michaud Dent Marshall Terry vice, and there were—ayes 247, noes 171, Carnahan Hare Miller (NC) Dreier McCarthy (CA) Thompson (PA) answered ‘‘present’’ 1, not voting 12, as Carney Harman Miller, George Duncan McCaul Thornberry follows: Carson (IN) Hastings (FL) Minnick Ehlers McClintock Tiahrt Castor (FL) Heinrich Mitchell Emerson McCotter Tiberi [Roll No. 182] Chandler Herseth Sandlin Mollohan Fallin McHenry Turner AYES—247 Christensen Higgins Moore (KS) Flake McHugh Upton Clarke Hill Moore (WI) Fleming McKeon Walden Abercrombie Boucher Cohen Clay Himes Murphy (CT) Forbes McMahon Wamp Ackerman Boyd Connolly (VA) Cleaver Hinchey Murphy, Patrick Fortenberry McMorris Whitfield Adler (NJ) Brady (PA) Conyers Clyburn Hinojosa Murtha Foxx Rodgers Wilson (SC) Altmire Bright Cooper Cohen Hirono Nadler (NY) Franks (AZ) Melancon Wittman Andrews Brown, Corrine Costa Connolly (VA) Hodes Napolitano Frelinghuysen Mica Wolf Arcuri Brown-Waite, Costello Conyers Holden Norton Gallegly Miller (FL) Young (AK) Baca Ginny Courtney Cooper Holt Nye Garrett (NJ) Miller (MI) Young (FL) Baird Butterfield Crowley Costa Honda Oberstar Baldwin Cao Cuellar Courtney Hoyer Obey ANSWERED ‘‘PRESENT’’—1 Barrow Capps Cummings Crowley Inslee Olver Bean Capuano Dahlkemper Cantor Cuellar Israel Ortiz Becerra Cardoza Davis (AL) Cummings Jackson (IL) Pastor (AZ) NOT VOTING—10 Berkley Carnahan Davis (CA) Dahlkemper Jackson-Lee Payne Berman Carney Davis (IL) Davis (AL) (TX) Perlmutter Barton (TX) Pallone Thompson (MS) Berry Carson (IN) Davis (TN) Davis (CA) Johnson (GA) Perriello Kennedy Pascrell Westmoreland Bilirakis Castor (FL) DeFazio Davis (IL) Johnson, E. B. Peters Levin Sanchez, Loretta Bishop (GA) Chandler DeGette Davis (TN) Kagen Peterson Miller, Gary Schmidt Bishop (NY) Childers Delahunt DeFazio Kanjorski Pierluisi ANNOUNCEMENT BY THE CHAIR Blumenauer Clarke DeLauro DeGette Kaptur Pingree (ME) Boccieri Clay Diaz-Balart, L. Delahunt Kildee Polis (CO) The CHAIR (during the vote). Two Boren Cleaver Diaz-Balart, M. DeLauro Kilpatrick (MI) Pomeroy minutes remain in this vote. Boswell Clyburn Dicks

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.041 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4310 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Dingell Klein (FL) Richardson McHenry Posey Smith (NE) Representative Buyer of Indiana, or his des- Doggett Kosmas Rodriguez McKeon Price (GA) Smith (NJ) ignee, which shall be in order without inter- Donnelly (IN) Kratovil Rohrabacher McMorris Putnam Smith (TX) vention of any point of order except those Doyle Kucinich Ros-Lehtinen Rodgers Radanovich Snyder arising under clause 9 or 10 of rule XXI, shall Driehaus Langevin Mica Rehberg Ross Souder be considered as read, and shall be separately Duncan Larsen (WA) Rothman (NJ) Miller (FL) Reichert Stearns debatable for thirty minutes equally divided Edwards (MD) Larson (CT) Roybal-Allard Miller (MI) Roe (TN) Sullivan and controlled by the proponent and an op- Edwards (TX) Lee (CA) Ruppersberger Minnick Rogers (AL) Terry Mitchell Rogers (KY) Ellison Lewis (GA) Rush Thompson (PA) ponent; and (3) one motion to recommit with Ellsworth Lipinski Moran (KS) Rogers (MI) Ryan (OH) Thornberry or without instructions. Engel Lofgren, Zoe Moran (VA) Rooney Salazar Tiahrt SEC. 2. (a) In the engrossment of H.R. 1256, Eshoo Lowey Murphy, Tim Roskam Sa´ nchez, Linda Tiberi the Clerk shall— Etheridge Luja´ n Myrick Royce T. Turner (1) add the text of H.R. 1804, as passed by Farr Lynch Neugebauer Ryan (WI) Sarbanes Upton the House, as new matter at the end of H.R. Fattah Maffei Schakowsky Nunes Scalise Filner Maloney Olson Schock Walden 1256; Schauer Wamp (2) conform the title of H.R. 1256 to reflect Foster Markey (CO) Schiff Paul Sensenbrenner Paulsen Sessions Whitfield Frank (MA) Markey (MA) Schrader the addition to the engrossment of H.R. 1804; Pence Sestak Wilson (SC) Fudge Marshall Schwartz (3) assign appropriate designations to pro- Giffords Massa Petri Shadegg Wittman Scott (GA) visions within the engrossment; and Gonzalez Matsui Pitts Shimkus Wolf Scott (VA) (4) conform provisions for short titles with- Gordon (TN) McCarthy (NY) Platts Shuster Young (AK) Serrano Grayson McCollum Poe (TX) Simpson Young (FL) in the engrossment. Shea-Porter Green, Al McDermott (b) Upon the addition of the text of H.R. Sherman Green, Gene McGovern ANSWERED ‘‘PRESENT’’—1 1804 to the engrossment of H.R. 1256, H.R. Shuler Griffith McHugh Cantor 1804 shall be laid on the table. Sires Grijalva McIntyre Skelton The SPEAKER pro tempore. The gen- Gutierrez McMahon NOT VOTING—12 Slaughter Hall (NY) McNerney tleman from Colorado is recognized for Smith (WA) Barton (TX) Miller, Gary Schmidt Halvorson Meek (FL) 1 hour. Space Kennedy Pallone Thompson (MS) Hare Meeks (NY) Levin Pascrell Watt Mr. POLIS. Mr. Speaker, for the pur- Harman Melancon Speier Spratt Loebsack Sanchez, Loretta Westmoreland poses of debate only, I yield the cus- Hastings (FL) Michaud tomary 30 minutes to the gentlewoman Heinrich Miller (NC) Stark b 1823 Herseth Sandlin Miller, George Stupak from North Carolina, Dr. FOXX. Sutton Higgins Mollohan So the bill was passed. GENERAL LEAVE Hill Moore (KS) Tanner The result of the vote was announced Tauscher Mr. POLIS. I ask unanimous consent Himes Moore (WI) as above recorded. Hinchey Murphy (CT) Taylor that all Members have 5 legislative Hinojosa Murphy, Patrick Teague A motion to reconsider was laid on days within which to revise and extend Hirono Murtha Thompson (CA) the table. Tierney their remarks and to insert extraneous Hodes Nadler (NY) f Holden Napolitano Titus material into the RECORD. Tonko The SPEAKER pro tempore. Is there Holt Neal (MA) HOUR OF MEETING ON TOMORROW Honda Nye Towns objection to the request of the gen- Hoyer Oberstar Tsongas Mr. POLIS. Mr. Speaker, I ask unani- Van Hollen tleman from Colorado? Inslee Obey mous consent that, when the House ad- There was no objection. Israel Olver Vela´ zquez Jackson (IL) Ortiz Visclosky journs today, it adjourn to meet at 9 Mr. POLIS. I yield myself such time Jackson-Lee Pastor (AZ) Walz a.m. tomorrow. as I may consume. (TX) Payne Wasserman The SPEAKER pro tempore (Mr. Mr. Speaker, House Resolution 307 Johnson (GA) Perlmutter Schultz ALTMIRE). Is there objection to the re- provides a structured rule for the con- Johnson, E. B. Perriello Waters Jones Peters Watson quest of the gentleman from Colorado? sideration of H.R. 1256, the Family Kagen Peterson Waxman There was no objection. Smoking Prevention and Tobacco Con- Kanjorski Pingree (ME) Weiner f trol Act. The rule makes in order a Kaptur Polis (CO) Welch substitute amendment, if offered, by Kildee Pomeroy Wexler PROVIDING FOR CONSIDERATION Kilpatrick (MI) Price (NC) Wilson (OH) Representative BUYER of Indiana or his Kilroy Rahall Woolsey OF H.R. 1256, FAMILY SMOKING designee. Kind Rangel Wu PREVENTION AND TOBACCO CON- I rise in support of House Resolution Kissell Reyes Yarmuth TROL ACT 307, the Family Smoking Prevention NOES—171 Mr. POLIS. Mr. Speaker, by direction and Tobacco Control Act. I thank Chairman WAXMAN and my colleagues Aderholt Coffman (CO) Hunter of the Committee on Rules, I call up Akin Cole Inglis House Resolution 307 and ask for its who serve on the Energy and Com- Alexander Conaway Issa immediate consideration. merce Committee for their leadership Austria Crenshaw Jenkins in this bipartisan effort. Bachmann Culberson Johnson (IL) The Clerk read the resolution, as fol- Bachus Davis (KY) Johnson, Sam lows: This legislation, which passed this House by a margin of more than 3–1 Barrett (SC) Deal (GA) Jordan (OH) H. RES. 307 Bartlett Dent King (IA) last July, would at long last give the Resolved, That upon the adoption of this Biggert Dreier King (NY) U.S. Food and Drug Administration, Bilbray Ehlers Kingston resolution it shall be in order to consider in Bishop (UT) Emerson Kirk the House the bill (H.R. 1256) to protect the the FDA, the authority to regulate to- Blackburn Fallin Kirkpatrick (AZ) public health by providing the Food and bacco products and to take additional Blunt Flake Kline (MN) Drug Administration with certain authority critical steps to protect the public Boehner Fleming Lamborn to regulate tobacco products. All points of Bonner Forbes Lance health. The bill prevents the tobacco Bono Mack Fortenberry Latham order against consideration of the bill are industry from designing products that Boozman Foxx LaTourette waived except those arising under clause 9 or entice young people. It develops pro- Boustany Franks (AZ) Latta 10 of rule XXI. The amendment printed in grams that help adult smokers quit, Brady (TX) Frelinghuysen Lee (NY) part A of the report of the Committee on Braley (IA) Gallegly Lewis (CA) Rules accompanying this resolution shall be and it funds the efforts through fees to Broun (GA) Garrett (NJ) Linder considered as adopted. The bill, as amended, tobacco manufacturers. Brown (SC) Gerlach LoBiondo shall be considered as read. All points of America’s youth face intense pres- Buchanan Gingrey (GA) Lucas sure every day from friends, fancy ad- Burgess Gohmert Luetkemeyer order against provisions in the bill, as Burton (IN) Goodlatte Lummis amended, are waived. The previous question vertisements and irresponsible adults Buyer Granger Lungren, Daniel shall be considered as ordered on the bill, as to make bad decisions that will affect Calvert Graves E. amended, to final passage without inter- their long-term health. A 2006 study Camp Guthrie Mack vening motion except: (1) one hour of debate Campbell Hall (TX) Manzullo conducted by the Substance Abuse and on the bill, as amended, equally divided and Mental Health Services Administration Capito Harper Marchant controlled by the chair and ranking minority Carter Hastings (WA) Matheson member of the Committee on Energy and found that 90 percent of all adult smok- Cassidy Heller McCarthy (CA) ers began while they were in their Castle Hensarling McCaul Commerce; (2) the amendment in the nature Chaffetz Herger McClintock of a substitute printed in part B of the report teens or earlier and that two-thirds be- Coble Hoekstra McCotter on the Committee on Rules, if offered by came regular daily smokers before

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.040 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4311 they reached the age of 19. A shocking pand government bureaucracy at the Mr. BUYER. Mr. Speaker, I applaud number of American children are at expense of public health. This bill will my friend from California, Congress- least casual smokers before they can decimate the family farm. This bill man WAXMAN, for his persistence over even drive a car. fails to focus on protecting our kids the past decade and all Members who As a cosponsor of the Family Smok- and instead, targets adult tobacco have supported his legislation in the ing Prevention and Tobacco Control users and retailers. past. However, Mr. WAXMAN’s legisla- Act, I am strongly committed to seeing This bill will increase black market tion was drafted over 12 years ago and this figure drastically reduced. Con- activity, potentially funding criminal has not taken into account the positive gress must work to help make our chil- enterprises and terrorists’ activity. outcomes from the Master Settlement dren’s lives safer and their choices This bill precludes the development of Agreement and the changing condi- easier. reduced-risk products. The advertising tions of the tobacco market in our This bill bans flavored cigarettes and communication provisions of this country. Additionally, the legislation with names like Mocha Taboo, Mid- bill are duplicative and unconstitu- has unconstitutional provisions, and night Berry and Warm Winter Toffee tional. This bill eliminates Federal according to CBO, will only reduce that clearly attract children as con- preemption of marketing and adver- smoking rates by 2 percent over 10 sumers. The history of low-tar ciga- tising, allowing each State to set its years. rettes illustrates the grave danger to own standards. Over the past 2 years I have partici- public health that’s caused by fooling This bill is bad for the U.S. economy. pated in three markups of Congress- consumers into believing unsubstan- It is another power grab on the part of man WAXMAN’s bill, and I, along with tiated claims that one kind of ciga- the majority here. This is not some- my colleagues, have offered numerous rette is safer than another. Millions of thing that we need, and it is not some- amendments to improve and update Americans switched to low-tar ciga- thing that we should do. Mr. WAXMAN’s bill. Unfortunately, no rettes, believing they were reducing I am going to urge my colleagues to significant changes have been incor- their risk of lung cancer substantially. vote ‘‘no’’ on the rule and to vote ‘‘no’’ porated, and our concerns have not Many were convinced to switch instead on the underlying bill. been addressed in totality. On that, Mr. Speaker, I reserve the of to quit. It wasn’t until decades later That is why I introduced a new bipar- balance of my time. tisan bill this year which I offer today that we learned through many deaths Mr. POLIS. Mr. Speaker, I yield 2 as an amendment in the nature of a that those low-tar cigarettes were just minutes to the gentlewoman from Cali- as dangerous as full-tar cigarettes. substitute to H.R. 1256. This substitute fornia (Ms. HARMAN). Under this legislation, which simply Ms. HARMAN. I thank the gentleman mirrors the legislation that I intro- empowers the FDA to regulate tobacco for yielding. duced with Congressman MIKE MCIN- products, we will not have to wait until Mr. Speaker, this is a personal issue TYRE of North Carolina which has the deaths of millions of more Ameri- for me. I have experienced the tragedy strong bipartisan support, including cans to learn whether a so-called that afflicts many tobacco users and the support of Chairman COLLIN PETER- ‘‘safer’’ cigarette is what it claims to their loved ones. SON of the House Ag Committee along be. Both of my parents were chain-smok- with Chairman JOHN SPRATT of the Budget Committee and other ranking b 1830 ers in their early years. My mother and her friends started smoking in their members. The bottom line is we have an inter- teen years because they thought it was This strong bipartisan substitute est in making sure our constituents cool. My father, a physician, quit amendment seeks to regulate tobacco know the facts, all of them, before smoking when I was young, but our by creating a new science-based, prag- making potentially deadly choices. house reeked of secondhand smoke, and matic harm-reduction strategy to im- Americans must also be aware of the my mother continued to smoke until prove public health. The amendment dramatic health risks associated with she could no longer hold a cigarette. combines education, prevention, and smokeless tobacco. Many believe that Both parents died of lung cancer. cessation goals while using public pol- chewing tobacco and snuff are safe al- It was a nightmare, one I would spare icy to migrate over 45 million smokers ternatives to smoking cigarettes. other families. Now as a grandmother to nonsmoking tobacco products and That’s wrong. This bill would require of three, I hope my grandkids will nicotine therapies which are scientif- warning labels that indicate that never smoke. ically proven to be significantly less smokeless tobacco causes mouth and Mr. Speaker, approximately 4,000 harmful to human health and greatly gum cancer, serious oral diseases, and kids try a cigarette for the first time assist in our efforts to decrease to- tooth loss. A study by Brown Univer- each day. By the end of this week, bacco-related deaths and disease rates sity reveals that just a few weeks of thousands of Americans will have died in our country. chewing tobacco can develop from tobacco-related diseases and I strongly believe that no tobacco leukoplakia of the cheek and gums, thousands more will become new, more products are safe. However, Americans which is the formation of leather regular users like my parents were. today are left in the dark about the patches of diseased tissue on the We can take a big step towards relative risks of all tobacco products, mouth. breaking this deadly cycle by giving and it is false to assume that all to- The American Dental Association the FDA the authority to regulate tobacco products have equal health risks. strongly supports this legislation, and bacco products. This bill, which passed Adult smokers deserve to understand calls tobacco use the number one cause this House last July by a huge margin, the relative health risks of all tobacco of preventable disease in the United is the product of a long crusade by my products so that they can make in- States. It should be a no-brainer to re- California colleague, HENRY WAXMAN, formed health decisions. sponsibly regulate such a dangerous and is a big down payment on health According to the Royal College of product. And the FDA, the only agency care reform. Physicians, ‘‘The application of harm charged with food and drug safety, is a Mr. Speaker, California alone spends reduction principles, to nicotine and logical Federal agency to place with over $9 billion annually treating to- tobacco use, could deliver substantial this great and important responsi- bacco-related diseases; $9 billion could reductions in the morbidity and mor- bility. be far better spent on a failing health tality currently caused by tobacco con- I reserve the balance of my time. care infrastructure and increased ac- sumption.’’ Making such information Ms. FOXX. Mr. Speaker, I thank the cess to health care. available to adult tobacco users is one gentleman from Colorado for yielding This bill will save lives and scarce re- of the purposes behind this substitute time. sources. Vote ‘‘aye’’ on the rule and amendment. This is a terrible bill. And we should ‘‘aye’’ on the bill. Tobacco harm reduction adds to cur- vote down this rule. The bill is a de Ms. FOXX. Mr. Speaker, I now would rent tobacco-control policies in order facto prohibition of tobacco. It’s going like to yield 6 minutes to my distin- to drastically improve our Nation’s to legislate a Big Tobacco monopoly. guished colleague from Indiana (Mr. health outcomes. It is important to This bill is going to increase taxes, ex- BUYER). note that harm reduction strategies do

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.131 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4312 CONGRESSIONAL RECORD — HOUSE April 1, 2009 not replace tobacco cessation programs tential violations in the Waxman bill. and in strong support of the Family but work along with them. That is why It was discussed during the last two Smoking Prevention and Tobacco Con- when I first put this bill together, I markups we have had before the En- trol Act. was very, very hopeful that Mr. WAX- ergy and Commerce Committee. You Today, this body has the opportunity MAN and I could combine our efforts, see, in 1996, 46 States, plus the District to take a long, overdue and significant but unfortunately, that did not prevail. of Columbia, reached an agreement step toward not only the regulation of If we can move our smoking popu- with the tobacco companies known as tobacco—a product that is currently lation away from smoking products, the Master Settlement Agreement. totally unregulated—but also on ef- the most dangerous tobacco products This agreement has proved extremely forts to reduce the number of new on our market, and move them to less effective in regulating tobacco adver- smokers, especially children and ado- risky tobacco and nicotine products as tisements in our Nation. lescents who have been targeted by the we move in this effort to wean them off The SPEAKER pro tempore. The tobacco industry for far too long. nicotine and tobacco, we have a chance time of the gentleman has expired. I want to take this opportunity to to decrease the adverse effects of to- Ms. FOXX. Mr. Speaker, I yield the thank Chairman WAXMAN for his un- bacco by up to 90 percent over 20 years, gentleman 1 more minute. wavering commitment and leadership according to the American Council on Mr. BUYER. It is important to note on this issue. Science and Health. For smokers who that the advertising restrictions Because 7 in 10 African Americans are unwilling or unable to quit smok- reached in this agreement were vol- who smoke choose to smoke menthol ing, we must provide them with the in- untary. When we legislate such adver- cigarettes, I am pleased that this bill formation they can use to decrease tising restrictions, we violate the first provides provisions that accelerate the their health risks. amendment. So I’m very concerned, formation of the new FDA Tobacco Additionally, this substitute protects even if we take the rule that was done, Product Scientific Advisory Com- the core missions of FDA by creating a the rule-making effort to place restric- mittee and directs it to issue rec- new harm-reduction agency within tions on advertising back in 1996 as ommendations on the use of menthol in Health and Human Services to ensure then incorporated in this bill, in fact cigarettes within 1 year of its estab- we have a safe, secure food supply, the Supreme Court has already ruled lishment. It empowers States and com- pharmaceuticals, biologicals and med- that unconstitutional. So to put that munities to prevent the aggressive ical device supply. Given the numerous back in this legislation just throws marketing that has the greatest nega- news reports over the years of counter- this right back to the Supreme Court. tive impact in the hardest-hit commu- feit and adulterated drugs and our To me as a lawyer, that’s unconscion- nities and on our most vulnerable. It tainted food supply, the last thing we able. We shouldn’t be doing that here bans the additives used to manufacture on the House floor. flavored cigarettes that are marketed should be doing is forcing the FDA to So when we legislate these adver- to children and creates a faster track regulate an inherently dangerous prod- tising restrictions, we should never, for the development of smoking ces- uct in carrying out a mission that is never violate the first amendment. sation and nicotine-replacement thera- counter to its culture. This is one of these really awkward po- This substitute also goes further pies. sitions where I find myself as a con- As a physician who has seen first- than the Waxman bill in protecting servative Republican aligned with the hand the devastating impact that ciga- children because we require States to ACLU. I also believe we must study rette and tobacco products have on in- spend a larger percentage of their mas- ways in which we can better address dividuals and their families, I strongly ter settlement agreement for tobacco tobacco advertising without violating urge my colleagues to reject the sub- education, prevention and cessation ef- the Constitution. stitute, to vote ‘‘yes’’ on the rule and forts. In the last 10 years, States have To conclude, we offer this substitute then ‘‘yes’’ to pass this legislation so spent just 3.2 percent of their total to- as a bipartisan effort, as an innovative that we as a Nation can finally regu- bacco-generated revenue on prevention and pragmatic health approach in ad- late the leading cause of preventable and cessation programs, and in the cur- dressing the harms of tobacco in this cause of death in this country. rent fiscal year, no State is funding to- country. This substitute protects our Ms. FOXX. Mr. Speaker, I yield 30 bacco prevention programs at the level children, jobs, farmers, retailers, and seconds to the gentleman from Indiana recommended by CDC. wholesalers while protecting our Con- (Mr. BUYER). Additionally, we require States to stitution and protecting the health of Mr. BUYER. To respond to the gen- make it illegal for minors to purchase our Nation. tlelady’s concern and her efforts pro- and possess tobacco products, aligning Mr. POLIS. Mr. Speaker, the Buyer moting nicotine replacement therapies, our Nation’s tobacco policies with our version is opposed by many credible there are over 45 million adult smokers Nation’s alcohol policies. Not only will health organizations, including the in the United States. Each year ap- it be illegal for retailers to sell tobacco American Lung Association, the Amer- proximately 2 million smokers use to minors, but now minors will be ican Heart Association, the American these nicotine replacement therapies strongly discouraged from purchasing Academy of Pediatrics, among many in an attempt at quitting. The public or possessing tobacco. others who support the Waxman ad- success rate of nicotine replacement We also ensure that the Feds stay off ministration because it would protect therapies is only 7 percent, meaning our Nation’s farms. We ensure that our children from tobacco marketing. that only 7 percent of smokers who try farmers are not hit with additional The Buyer bill falls short of banning to quit using nicotine replacement Federal regulations that affect their brands that are potentially targeted to therapies are successful. To me, a 7 traditional farming practices, and we children like Mocha Taboo and Mid- percent success rate is failure. It’s fail- make sure that these regulations stay night Berry. It does not protect con- ure. So we need to try something dif- within the purview of the agriculture sumers from misleading health claims ferent, and that’s why we have this department. about so-called reduced-risk tobacco substitute. Mr. WAXMAN’s legislation will di- products, and it embraces smokeless rectly and indirectly affect farming tobacco as a means to reduce the harm b 1845 practices, and I was quite surprised caused by cigarettes. While certainly Mr. POLIS. Mr. Speaker, the Wax- that the Parliamentarian ruled that there should be sound, scientific inves- man bill does allow something dif- the Agriculture Committee did not tigation, and there is a process under ferent to be tried. It sets up a scientific have jurisdiction on this bill. My the Waxman bill for doing that, we process for review to make sure that amendment expressly prohibits the to- must not rush to prejudgment of what all technologies that might help wean bacco legislation from finding its way works and what doesn’t. smokers away are allowed into the into today’s farming practices. Mr. Speaker, I yield 2 minutes to the marketplace in a manner that makes Finally, this substitute calls for a gentlewoman from the Virgin Islands sure that they don’t publish misleading blue ribbon study of tobacco adver- (Mrs. CHRISTENSEN). claims regarding their health. tising in our Nation. I am very con- Mrs. CHRISTENSEN. Mr. Speaker, I Mr. Speaker, I yield 2 minutes to the cerned about the first amendment po- rise today in strong support of the rule gentleman from Georgia (Mr. LEWIS).

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.133 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4313 Mr. LEWIS of Georgia. Mr. Speaker, farmers, and create a strain on Federal Mr. POE of Texas. Mr. Speaker, I I rise in strong support of the Family revenues to the Treasury. thank the gentlelady from North Caro- Smoking Prevention Act; and, Mr. I do not come to the House floor to- lina for yielding. Speaker, I want to take the time to night without solutions, Mr. Speaker. Mr. Speaker, the so-called Family thank Mr. WAXMAN for all of his great The bipartisan Youth Prevention and Smoking Prevention and Tobacco Con- work in making it possible for us to Tobacco Harm Reduction Act provides trol Act really doesn’t help anyone. It’s have a vote on this bill. a different alternative, offering harm just feel-good legislation that makes We all know that tobacco is a killer. reduction strategies through the De- Big Government bigger and costlier. We all know that it causes cancer and partment of Health and Human Serv- It certainly doesn’t help stop smok- respiratory problems. We all know that ices. I encourage its consideration and ers from smoking. Our own Congres- smoking is addictive and that most oppose H.R. 1256. sional Budget Office estimates that people who are hooked began smoking Finally, Mr. Speaker, tobacco is a smoking by adults would decline by as children. We cannot and we must product that is lawfully grown, law- only .2 percent a year, or by just 2 per- not wait a moment longer to protect fully marketed, lawfully manufac- cent over the next 10 years. our children from this killer. We must tured, and lawfully consumed. We do This bill certainly won’t help farm- break the cycle. This bill is the right not need the FDA inserting its oars ers, many thousands of whom will approach. into these waters. struggle to comply with the bill’s regu- Children should not see cigarette ad- I thank the gentlelady from North lations and who will be forced to enter- vertisements from their school play- Carolina. tain the Federal tobacco police coming Mr. POLIS. I would remind the gen- ground and at sporting events. Chil- on their properties to inspect their tleman that the FDA is the primary dren should not be able to buy ciga- crops. agency charged with food and drug rettes in a vending machine. And chil- It certainly won’t help anyone who safety and, as such, to ensure the safe- dren should not be the target of adver- eats, drinks, or uses medication. An alty of our Nation’s food supply and safe- tisements designed to get them hooked ready dysfunctional and overburdened ty of our Nation’s drug supply is the on smoking. FDA will become even more distracted logical place at which to reside the reg- We should know what it is in the by this new Big Government program. ulation of tobacco products. cigarettes that people smoke. People Mr. Speaker, I yield 2 minutes to the And the bill certainly won’t help try to fool us and say that certain Federal law enforcement officials. gentleman from New York (Mr. ENGEL). things are not in the cigarette. With Mr. ENGEL. I thank the gentleman They should spend their resources po- the passage of this bill, for the first for yielding to me, and I rise in support licing real crime rather than arresting time, the FDA will know the ingredi- of the rule, and I rise in strong support people for violating the tobacco laws. ents in a cigarette, and they will be of the bill. I’m an original cosponsor of Regulations that drive up the cost of able to reduce or eliminate harmful in- the Family Smoking Prevention and cigarettes and reduce their appeal will gredients. Tobacco Control Act, and I am abso- only benefit the smuggling industry. Mr. Speaker, we cannot and must not lutely delighted to support its passage One advocate of the Big Government allow another child to get hooked on today. approach in this bill told a Senate cigarettes or on tobacco. We must pass There are at least 438,000 reasons to committee that, We want to create this rule, and I support the rule and I vote for this bill, and each one rep- Marlboros so they are like lard, but we strongly support the bill. resents a life lost to tobacco use each want to regulate the contents, we want Ms. FOXX. Mr. Speaker, I now yield year. It’s staggering to realize that to regulate the toxicity, we want to 3 minutes to the gentleman from North smoking kills more people than alco- regulate everything so it sits on the Carolina (Mr. COBLE), the dean of the hol, AIDS, car crashes, illegal drugs, shelf and no one uses it, even though North Carolina delegation. murder, and suicides combined. it’s legal. That, Mr. Speaker, is a pre- Mr. COBLE. Mr. Speaker, I thank the My own State of New York mourns scription for more prohibition that will gentlelady from North Carolina. the loss of over 25,000 adults each year lead to smuggling, lost revenue, and Mr. Speaker, I rise in opposition to due to smoking, not to mention 2,000 lawlessness. the Family Smoking Prevention and New Yorkers who die each year from On top of everything else, H.R. 1256 Tobacco Control Act. exposure to secondhand smoke. As if places additional Federal restrictions During my tenure in the Congress, I this isn’t tragic enough, there are on tobacco advertising. In other words, have consistently opposed granting the thousands of children at risk for the it’s more speech control by the Feds. Food and Drug Administration the au- same fate, with over 3,600 youth taking Some of the Federal regulations on ad- thority to regulate tobacco. I do so up smoking every single day. vertising in H.R. 1256 include the fol- based upon my philosophical beliefs And our States, desperately trying to lowing specifications for the size of and the ramifications that this legisla- control soaring budget deficits and warning labels on tobacco products, tion would impose upon my congres- stretch scarce dollars during this eco- and let me quote. sional district and my State. nomic downturn, simply cannot afford ‘‘The text of such label statements It is my belief that allowing the FDA the billions of dollars in health care shall be in a typeface pro rata to the to regulate tobacco in any capacity costs, $8 billion lost annually to New following requirements: would inevitably lead to FDA regu- York alone, caused by tobacco use. 45-point type for a whole-page broadsheet lating the family farm. This creates Today is a new day, Mr. Speaker. It’s newspaper advertisement; uncertainty and adds another burden time that we close the gaps in our laws 39-point type for a half-page broadsheet to the already overwhelmed FDA. which have allowed tobacco use to be newspaper advertisement; I, furthermore, have concerns with unregulated with devastating con- 39-point type for a whole-page tabloid the negative impact H.R. 1256 would sequences. Granting the FDA the au- newspaper advertisement; have upon tobacco manufacturers, thority to effectively regulate the 27-point type for a half-page tabloid news- their employees, retailers, and whole- paper advertisement; manufacturing, marketing, labeling, 31.5-point type for a double-page spread salers. distribution, and sale of tobacco prod- magazine or whole-page magazine advertise- It is ironic, Mr. Speaker, that the ucts will ultimately have a profound ment; very day a 62 cent tobacco tax goes effect on reversing the public health 22.5-point type for a 28 centimeter by 3 col- into effect to fund the Children’s crisis we face today. umn advertisement; and Health Insurance Program that we So, in conclusion, today we vote for 15-point type for a 20 centimeter by 2 col- would debate legislation to create fur- our Nation’s children and families. I umn advertisement.’’ ther hardship for the tobacco industry. urge all of my colleagues to join me in Doesn’t the government have better H.R. 1256 is misguided, in my opinion. strong support of the Family Smoking things to do than regulate the type of It does not achieve the goals identified Prevention and Tobacco Control Act. font used in tobacco advertising? Mr. by proponents. Instead, it will further Ms. FOXX. Mr. Speaker, I now yield Speaker, we have gone a little too far. exacerbate an already stretched FDA, 5 minutes to the distinguished gen- The CBO estimates that the new fees negatively impact manufacturers and tleman from Texas (Mr. POE). on tobacco companies would be about

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.135 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4314 CONGRESSIONAL RECORD — HOUSE April 1, 2009 $235 million in fiscal year 2009. The struggle with her lung cancer, died Wednes- The foundation will continue its work, dis- country’s in a recession, people are out day. She was 43. tributing the DVD and music videos. The of jobs. Is this really the best time to ‘‘She died at home with her family mem- family plans to expand its focus to help peo- tax companies for a program that real- bers holding on to her,’’ said DeWitt’s hus- ple deal with a diagnosis of terminal cancer. band, Randy. Randy DeWitt said the children are doing ly, on its face, will not work even DeWitt, a Boulder County court reporter well. He and Susan were frank about her ill- though it sounds good? for eight years and founder of the Susan L. ness from the beginning, even with their This is not reform. It’s mindless Big DeWitt Foundation for Extended Breath, was youngest child, Gianina, now 6. Government that will only create more diagnosed with Stage IV lung cancer in 2004 Cody is attending the University of North- problems than the one it claims to ad- at the age of 39. Although DeWitt was a light ern Colorado part-time. He’s in his fourth dress. I urge my colleagues to vote smoker in her teens and 20s, she quit in 1992. year. Gabrielle is a sophomore at Monarch High School. Gianina is a first-grader at Su- against more government bureaucracy, After her diagnosis, she made it her mission to warn young people that even casual smok- perior Elementary. vote against this bill that won’t stop ‘‘The kids are pretty resilient,’’ Randy ing can cause cancer. The DVD—‘‘Lung Can- smoking, vote against the rule and said. ‘‘My 6-year-old is giving us a lesson on cer, Through My Children’s Eyes’’—begins how to deal. She’s talked to me about this. final passage. with this line from her son, Cody, then 19: She gets it. She knows what death is. She And that’s just the way it is. ‘‘There are some things in life that people knows that Mommy’s not coming back, and Mr. POLIS. Mr. Speaker, the gen- shouldn’t have to go through.’’ she’s OK.’’ tleman from Texas mentioned 2 per- Then this from his sister, Gabrielle, then cent decrease in smoking over 10 years. 13: ‘‘I was afraid to go to sleep at night.’’ RAISING THE AWARENESS AND PREVENTION OF The film, now on You Tube as well as I will say that every cigarette not LUNG CANCER smoked, every person who never starts available on DVD through the foundation, has been distributed to school districts in Just prior to being told I suffered from is a life saved. stage IV Lung Cancer , Dr. Karen Kelly, an Colorado and around the country. The family One of my late constituents, Ms. Oncologist at the University of Colorado has subsequently made music videos about Susan DeWitt of Lafayette, passed Cancer Center, lifted her arms and emphati- the subject. away of lung cancer this last year. Those who knew DeWitt say she touched cally exclaimed, ‘‘We have to raise the awareness of Lung Cancer’’. Posthumously published on her Web people, not only with her DVD, but with the With those words resonating in my head, I site is a very powerful statement which grace and courage with which she faced her I will submit in its entirety to the thought back to those high school moments illness and treatment—which included mul- and the few drags I took from my cigarettes. RECORD but would like to quote from tiple rounds of chemotherapy and brain sur- I thought of the precious few years that fol- as follows, in part. geries. lowed. Years that would include a marriage, Dan Hale, who retired as a Boulder County ‘‘Just prior to being told I suffered a son, my youth and cigarettes. I remem- from stage IV lung cancer, Dr. Karen District judge last fall, called DeWitt’s spirit bered the day I said, ‘‘No more’’. That was Kelly, an oncologist at the University even as she became gravely ill ‘‘truly incred- the day I was given another diagnosis by my ible.’’ doctor, I would again be a mother. That day of Colorado Cancer Center, lifted her ‘‘Why this happened is one of those great was fourteen years ago. That day came after arms and emphatically exclaimed, ‘We mysteries of life, but despite that, she want- have to raise the awareness of lung a few precious years clouded by smoke. ed to see how she could benefit others,’’ Hale The day I quit, I was 27 years old. Lung cancer.’ said. cancer was something I understood the elder- ‘‘With those words resonating in my Rob Harter—lead pastor at Larkridge ly suffered from. It was nothing a young head, I thought back to those high Church in Erie, where the DeWitts attend— mother of two children need bother herself school moments and the few drags I remembers being at the hospital with the with. I was 28 when my daughter was born. I took from my cigarettes. I thought of DeWitts when Susan was being prepped for a was young, in love and beginning to walk my the precious few years that followed. second brain surgery. She was giving Randy path of life. At 37, I was living a life some last-minute instructions on gifts she had would call a fairy tale. At 37 I was given the Years that would include a marriage, a bought for them to open during her surgery. son, my youth and cigarettes. I remem- gift of another daughter. ‘‘Right before they were to wheel her away Then, standing there listening to this bered the day I said, ‘No more.’ That for three- to four-hour surgery, what she was oncologist tell me I have stage IV lung can- was the day I was given another diag- thinking about was, ‘Make sure you get the cer. I was only 39. nosis by my doctor, I would again be a gifts for the kids in the car,’ ’’ Harter said. I knew at that very moment what God had mother. That day was 14 years ago . . . ‘‘Her idea was to not have them focused on designed for me. My purpose was to open a ‘‘The day I quit, I was 27 years old. her pain. It’s a powerful example of how she Foundation that would focus on raising the Lung cancer was something I under- was very other-centered in her approach to Awareness and Prevention of Lung Cancer life.’’ and save other families of its horrific effects. stood the elderly suffered from. It was Randy DeWitt said she touched many peo- The metastasis to my brain would raise nothing a young mother of two need ple. its’ ugly head at 41. Lung cancer had moved bother herself with. I was 28 when my ‘‘Her group of friends is very vast,’’ he said. into my brain in September of 2004, which daughter was born. I was young, in ‘‘She had a way of speaking to and treating just fueled my passion. The picture attached love, and beginning to walk my path of people with respect. . . . If you had a trou- was taken with my youngest daughter after life . . . At 37, I was given the gift of bled look on your face, Susie would attend to my first of three brain surgeries. The ‘‘head another daughter. you.’’ band’’ is actually the incision made by the ‘‘Then, standing there listening to The DeWitts’ story and clips of the DVD brain surgeon and sutured shut by 32 staples. were featured on ‘‘Good Morning America’’ What you need to know is this; nearly a this oncologist tell me I have stage IV and ABC’s ‘‘World News Tonight’’ in 2006. half a million Americans will die from ill- lung cancer. I was only 39.’’ The DeWitts estimate that at that time nesses due to cigarette smoke this year. Ms. DeWitt dedicated the remainder about 15 million people had heard of her doc- A third of those will be lung cancer. As a of her life to educating people about umentary through those national news woman, I need to tell you that women with the danger of cigarettes. I had the op- sources, articles in local newspapers, fea- a smoking history are ten times (10X) more portunity to speak to her husband just tures on local TV news, speaking engage- likely to die from lung cancer than they are yesterday who shared with me the mes- ments and distribution of the DVD. from breast cancer. Susan, who was born in Wheat Ridge and With that, know that the Susan DeWitt sage that she shared with so many Foundation for Extended Breath (SLD Foun- Americans. There is no free ride. There graduated from Arvada High School, got the idea for the film after seeing a group of teen- dation) has a mission to raise the awareness is no break. Don’t start smoking. agers smoking outside the Westminster and prevention of lung cancer and related ill- This bill will help prevent children Promenade shortly after her diagnosis. nesses. Illnesses that endanger tobacco users from ever starting to smoke and help With their suburban bedrooms as the sim- and non-users. Our focus is to: isolate our prevent many, many cases of lung can- ple backdrop, the documentary shows Cody children from ETS (Environmental Tobacco cer and many, many deaths that dis- and Gabrielle talking about how their moth- Smoke), educate our youth as to the con- er’s cancer has upended life as they once sequences of smoking and to assist ‘‘at risk’’ rupt families and cause a great risk to people by resolving addiction, creating a our public health as well. knew it. ‘‘Now comes the hard part,’’ Cody says in method of early diagnosis and increasing [From the Dailycamera, Oct. 4, 2007] the film. ‘‘What if my mom dies?’’ The DVD survival rate. LUNG CANCER EDUCATOR DIES AFTER LONG shows footage of him graduating from high I reserve the balance of my time. BATTLE school with the sound of his family yelling, b 1900 (By Cindy Sutter) ‘‘Woo-hoo!’’ Susan DeWitt, a Superior mom who made ‘‘I want her to be there when I graduate Ms. FOXX. I would like to enter tes- a widely distributed DVD about her family’s from college,’’ he says. timony from Commissioner Steve

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.137 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4315 Troxler into the RECORD, and I would revenues will ultimately hurt states’ ability Mr. BUYER. Today. My question is: like to recognize Mr. BUYER from Indi- to carry out programs that benefit many Has the FDA today ever regulated an ana again for 5 minutes. citizens. inherently dangerous product? In closing, I want to say that farmers must Mr. WAXMAN. Will the gentleman TESTIMONY OF NORTH CAROLINA AGRICULTURE endure many hardships. They have to deal COMMISSIONER STEVE TROXLER, SUB- with the weather and manage their input yield? COMMITTEE ON RURAL DEVELOPMENT, BIO- costs amid fluctuating commodity prices. As Mr. BUYER. I yield to the gentleman TECHNOLOGY, SPECIALTY CROPS AND FOR- I’ve said many times though, the single from California. EIGN AGRICULTURE—MARCH 26, 2009 greatest factor in a farmer’s ability to make Mr. WAXMAN. I would point out that Good morning, Mr. Chairman and members a living isn’t the weather, but government even though cigarettes kill 400,000 peo- of the committee. Thank you for inviting me policy. ple a year in this country, it is not reg- here today to talk about a topic I know very I urge you to make wise policy decisions ulated by any agency of the govern- well. concerning the future of our nation’s tobacco I grew tobacco in Guilford County, North ment. While it is an inherently dan- farmers. Your decisions will ripple through- gerous product because it’s the only Carolina, for more than 30 years. I dealt with out the states, in communities both large dry weather, wet weather, the steady decline and small. If you regulate and tax U.S. to- product that, when used as intended, of quotas, and the end of the federal price- bacco farmers out of business, America will kills and makes people sick. It is not support system. become reliant on foreign tobacco that is not regulated. As North Carolina’s Commissioner of Agri- subject to the same high standards. The situ- The FDA is the ideal place to have it culture, I have seen tobacco production bot- ation will be no different from the many regulated because they have the sci- tom out following the end of federal price problems with imported foods that our na- entific expertise. They know how to supports. And I have seen it rebound. tion has experienced in recent years. regulate. They have been acting as a North Carolina produced nearly 385 million Please choose wisely. Thank you. pounds of flue-cured tobacco on 171,000 acres regulator. This is where our bill would last year. We are still the nation’s leading Mr. BUYER. I wanted to touch on place the responsibility. producer of flue-cured tobacco, despite the just a few things. I don’t believe that Mr. BUYER. Reclaiming my time, fact that we now have less than 3,000 tobacco the gentleman from Colorado meant to since two speakers chose not to answer farmers. That might seem like a lot, but in do this, so I wanted to make sure to my questions, I then therefore must as- 2002, we had 8,000 tobacco farmers. correct any potential false sume that by silence they’re not aware When it comes to tobacco, I have seen a misperception. of the FDA ever in its past regulating lot. But I have never seen the situation fac- The Buyer amendment does not allow ing North Carolina’s tobacco farmers today. an inherently dangerous product. Tobacco farmers are under siege. First, for false and misleading advertising. So Therein lies the challenge that we Congress raised the excise tax on cigarettes when you look at the existing State have. The FDA is the gold standard by 62 cents a pack. Now many states are lin- and Federal law adequately today, it with regard to the protection of our ing up to do the same. In North Carolina, protects against false and misleading food supply, our medical devices, our Governor Perdue has recommended raising advertising in a range of consumer biologics, and our pharmaceuticals. So the tax on cigarettes by $1 per pack. products, which also includes tobacco. right now the FDA—we all know the The consequences for our farmers will be Mr. POLIS. Will the gentleman FDA is overworked and under- severe. The increase in the federal excise tax yield? hasn’t even taken effect yet, but it has al- resourced. ready impacted North Carolina farmers. Cig- Mr. BUYER. I yield to the gentleman So when we look at that agency, the arette companies have reduced 2009 contracts from Colorado. last thing we should be doing is taking with our farmers by as much as 50 percent. Mr. POLIS. What I stated—I believe the FDA and overburdening them with If the state excise tax goes up, too, our in the affirmative—is the Waxman bill a new mission that is counter to their growers will be hurt even more. And, this in- prevents false and misleading adver- culture. That’s the issue here. crease could also lead to job losses in the tising. You see, the difference between the manufacturing sector. Mr. BUYER. Reclaiming my time, Tobacco manufacturing employs more Waxman and the Buyer and the McIn- than 10,000 North Carolinians and pays aver- the point is that there are existing tyre approach is this: Both of us seek age wages of more than $86,000 a year. That’s State and Federal laws, including the to regulate tobacco. Mr. WAXMAN more than twice the state’s private industry Master Settlement Agreement, which chooses the FDA to do it. We say that average of $39,000. The last thing North Caro- protects against false and misleading the world even recognizes that the lina—or any state—needs right now is more advertising in a range of these tobacco FDA is stressed in doing its job. lost jobs. products. With regard to the MSA—the You see, 80 percent of our domestic In addition to higher taxes, Congress is Master Settlement Agreement—it’s ad- drug supply is comprised of ingredients considering regulating tobacco. Congress- ministered by the attorneys general of man WAXMAN’s bill would put tobacco under produced in foreign countries—increas- FDA oversight. This is ill-advised. FDA’s the 46 States, including the District of ingly produced in less developed na- focus right now should be, and needs to be, Columbia. tions. So the FDA has the capability to on food safety. Expanding FDA’s mission So I don’t want the gentleman’s af- inspect only a small percentage of for- would dilute its effectiveness in protecting firmative statement to somehow mean eign drug manufacturing facilities. our nation’s food supply. that we don’t. That was my point of So when you think about it, we have Chairman MCINTYRE and Indiana Congress- clarifying the RECORD. 3,000, there could be approaching 4,000, man BUYER have introduced a bill that would In addition, the consumer fraud stat- of these foreign manufacturing facili- create a new agency within the Department utes in each State are also applicable of Health and Human Services to oversee to- ties, and we are only inspecting 200 to bacco products. One of the things I like to tobacco products and, at the Federal 300. If we do that at that rate, by the about this bill is that it would not subject level, the Federal Trade Commission time we get through all of them, it will farmers to additional regulations on the way has—and enforces—section 5 regarding be 13 years. they grow tobacco. That’s good. false and misleading jurisdiction over So when you think about all the North Carolina growers increasingly rely tobacco products. The FDA currently stress that we’re presently placing on on export markets. In fact, tobacco is our has authority over tobacco advertising the FDA, the last thing we should be most valuable agricultural export, valued at and makes therapeutic and health doing is giving it another mission more than $1 billion. Additional regulation would put our growers at a competitive dis- claims. counter to its core mission. advantage in international markets. I would ask the gentleman from Colo- Also, when I think about trying to Agriculture is by far North Carolina’s larg- rado a question because he was talking protect our drug supply, not only with est industry, with a $70.8 billion economic about the FDA. My question to the regard to how they’re manufactured, impact. Tobacco manufacturing represents gentleman from Colorado would be: but let’s talk about the products that almost $24 billion in added value for North Has the FDA ever regulated an inher- are coming into the country. Carolina’s economy. ently dangerous product, is the gen- When you look at the 11 inter- On average, a single tobacco plant is worth tleman aware? national ports of entry run by the 71 cents in revenue for a U.S. farmer. That same plant will yield an average of $15.74 in Mr. POLIS. The program is fully United States, coupled with the two by state and federal taxes on tobacco products. funded with user fees to set up within FedEx and UPS, that’s 13 international This money supports a variety of economic the FDA the ability to regulate to- ports of entry. On any given day, each and health programs. A decrease in tobacco bacco products. of those ports of entry have between

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.139 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4316 CONGRESSIONAL RECORD — HOUSE April 1, 2009 30,000 and 35,000 drug packages that are fluence over public policy, avoiding the onstrated to be safer with scientific coming in. appropriate oversight of their dan- proof. By providing the Health and Now let’s just do the math—and let’s gerous business. Human Services Secretary with au- be conservative. Of the 13 international By giving the FDA the authority to thority to regulate tobacco product mail facilities, take 13 times 30,000 exercise their proper oversight duties, standards and product testing based on drug packages. That’s 390,000. we strip Big Tobacco of their special scientific evidence, this legislation will The SPEAKER pro tempore. The privileges and power. We owe con- promote and protect the Nation’s pub- time of the gentleman has expired. sumers the same level of protection lic health. Ms. FOXX. I yield the gentleman an- with regard to tobacco use as food and Far too long we have not followed other 2 minutes. drink consumption, prescription and doctor’s orders, so to speak, with re- Mr. BUYER. So we continue to do over-the-counter drugs, and even gard to tobacco use. Science tells us a this math. Thirteen international mail makeup and cosmetics. Why should to- great deal about the causes of disease facilities times 30,000 drug packages. bacco, such an obviously harmful prod- and the risk of certain behavior. This That’s 390,000 times 365 days a year. uct, not be subject to the same scru- legislation puts those scientific find- That’s 142,350,000 drug packages. tiny? ings at the forefront of policymaking Now why am I taking time to do The FDA is more than capable of by the Department of Health and this? It’s because if 80 percent of these handling this new responsibility. We Human Service. drug packages—every time the FDA entrust the most sensitive regulation The bill also promotes public health by requiring the Health and Human does a spot check, they find that these oversight to the Food and Drug Admin- Services Secretary to consider placing drug packages are counterfeited, adul- istration. We must give this agency the tobacco replacement products on a fast terated. They’re knockoffs. A very opportunity to succeed, providing the track FDA approval process. If we want small percentage are actually even necessary resources, which the Wax- Americans to stop smoking, we must sent to labs. So the FDA is not being man bill does, to get the job done. It’s able to do its job to protect our Na- provide them the help they need to the most appropriate agency to regu- kick the habit. tion’s drug supply. late these deadly products. By creating the special category of With regard to food, Americans eat Tobacco companies have long taken small tobacco manufacturers, the bill food imported from 150 countries and advantage of this vulnerability by pro- ensures that small businesses have the processed in 189,000 plants scattered all moting their products through cartoon assistance they need for the FDA to over the world. Here in the United advertisements, tobacco theme mer- comply with the new regulations. States, FDA inspectors visit every food chandise products, and flavored prod- Supported by over 1,000 health and processor about once every 10 years. ucts that appeal to kids. faith groups from across the country, FDA examined less than 1 percent of By barring the sale of fruit, choco- this bill preserves States rights by not the 7.6 million fresh produce lines im- late, and clove-flavored tobacco prod- preempting State tobacco laws. It’s exported into the United States from fis- ucts, this bill would protect the health tremely important to respect that cal years 2002 to 2007. of children who are lured to smoking many States, including my home State So what we have here is we recognize by these candy-like flavors, with little of Colorado, already recognizes the that Congress, over the last 20 years, if any impact on adults’ enjoyment of danger of smoking and the role regula- has continued to lump more and more tobacco. tion can play in keeping cigarettes out jobs and missions on FDA. So when the Mr. BUYER. Will the gentleman of the hands of kids. gentleman from Colorado said it only yield? My home State of Colorado is recog- makes sense that we give it to FDA, Mr. POLIS. I yield to the gentleman nized as a national leader in tobacco well, I disagree. from Indiana. control, demonstrated by our leader- That’s why we want to create a sepa- Mr. BUYER. You have been talking ship in enacting a comprehensive rate agency called the Harm Reduction about tobacco companies. I don’t have smoke-free law that includes casinos Agency Under under FDA to—with a tobacco companies supporting my bill. and increasing our State tobacco tax to laser beam—recruit some of those Are there any supporting the Waxman fund health programs. great scientists and build that science bill? Even with this legislation in place, base to regulate tobacco products Mr. POLIS. Reclaiming my time, we health care costs in Colorado caused by along a harm-reduction strategy. can find that out from the gentleman. smoking every year is over $1.3 billion. I don’t support tobacco. I don’t use I would read a number of groups that Nearly 15 percent of Colorado high tobacco products. But I don’t want to are backing the Waxman bill, including school students still smoke. Nearly leave 45 million smokers out there to the American Lung Association, the 6,000 kids in Colorado start smoking an abstinence approach, whereby it’s American Association of Respiratory every day. either smoke or die or go to a harm-re- Care, the American College of Prevent- I reserve the balance of my time. Ms. FOXX. Mr. Speaker, I now would duction therapy, which only has a 7 ative Medicine, the Association of like to yield 3 minutes to our distin- percent success rate. That’s what we’re Schools of Public Health, the Lung guished colleague from Michigan (Mr. kind of faced with. I don’t want to do Cancer Alliance, the Oncology Nursing ROGERS). that. Society, and Oral Health America, Mr. ROGERS of Michigan. I would So I think if we combine our efforts among many others. like to thank the gentlelady. here, at some point in time we’re going Mr. BUYER. Will the gentleman I rise with a little bit of disappoint- to have to get together on this if we yield? ment this evening about the state of really want to promote public health Mr. POLIS. No. Let me finish my this bill because we were told when for the country. statement. Opponents ask kids to this bill passed last year—which I sup- Mr. POLIS. The gentleman, Mr. make grave health-related choices with ported this bill—that there would be no BUYER’s proposal, rather than using an incomplete information and hold these money taken from the general fund to agency that exists, would create a new kids responsible for childhood mistakes implement this new program. No agency and then go on not to fund that as they would a fully aware adult. money. new agency. It’s fiscally irresponsible When 80 percent of kids smoke the I heard it often repeated, heard it re- to create a new regulatory agency but most heavily advertised brands, we peated in committee this year. No fail to provide it with any new funding can’t help but infer that the ads influ- money from the general fund would go to do the job. The FDA is up to the ence the children. to support this new program. And let task, given the funding which this bill Big Tobacco claims they don’t mar- me tell you why that’s a good idea not provides with user fees. ket to kids. Yet, they continue to do a to take any money from the general Mr. Speaker, tobacco is the deadliest pretty good job of getting kids to use fund to do what we all would agree product on the market today. It kills their product. This has got to change. needs to happen. over 400,000 Americans each year. De- This legislation will require that to- We need to have some form of over- spite this grim statistic, tobacco com- bacco products marketed as safer than sight and regulation of tobacco prod- panies have enjoyed a great deal of in- other tobacco products are in fact dem- ucts. Last year, the FDA inspected

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.141 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4317 roughly 6,000 of the 189,000 food facili- Mr. POLIS. Mr. Speaker, I would in- cause of improving public health, and ties under its jurisdiction. That’s about quire of the gentlelady if she has any instead will serve only to act as an un- 3 percent. Americans eat food imported remaining speakers. necessary and expensive regulatory from 150 countries and processed in Ms. FOXX. Yes, we do. scheme at the expense of our rural 189,000 plants scattered from China to Mr. POLIS. I am the last speaker for farming communities, our small busi- Fiji. But in 2007, the FDA inspected my side, so I will reserve my time until nesses, and the American economy. just 96 of those plants—96 out of 189,000 the gentlelady has closed for her side This bill includes more than $5 bil- plants. and yielded back her time. lion in new tax increases on tobacco And what does this bill do? It takes Ms. FOXX. Mr. Speaker, I yield 2 companies and gives sweeping control money from those kinds of operations minutes to the gentleman from Indiana of the tobacco market to the FDA. from the FDA’s general fund to imple- (Mr. BUYER). This bill imposes undue bureaucratic ment this new government program. Mr. BUYER. Mr. Speaker, as you and logistic hardships on tobacco man- The FDA examined less than 1 per- know, we have had some really tough ufacturers by burying them under mul- cent of the 7.6 million fresh produce decisions lately. We have had to act tiple layers of regulation. lines imported to the United States boldly on many fronts to address the FDA regulation will have a dev- from 2002 to 2007. current financial crisis. People today astating economic impact on rural to- are suffering, and they are unsure of bacco companies, their employees, as- b 1915 their future. But I have faith in the sociated businesses, and the largely We had just the salmonella outbreak. American people. rural communities which they support. Just the salmonella outbreak, 550 ill- Throughout history we have shown As Department of Health and Human nesses and eight deaths in 43 States. courage in the face of adversity, and Services Secretary Leavitt noted, this So what you are saying is, you know today I am asking Members of this legislation could also be viewed by for- what, it is okay to stop those pro- Congress to show courage by sup- eign governments as a hostile trade ac- grams, take money out of those pro- porting the Youth Prevention and To- tion. Many of the clove and other fla- grams. FDA, this is more important to bacco Harm Reduction Act. vored cigarettes that are banned under start this new program. It is the only bill before this body this bill are manufactured in foreign Well, imagine if you are a pediatric that directly addresses the issue of countries. cancer patient and you are waiting youth smoking in this country. It is This also grants de facto power to today for the dozens of approvals that the only piece of legislation that builds ban existing conventional tobacco are going through the process today. on the success that we have seen in products. It will dramatically increase But you know what? This is more im- youth smoking rates, which are down black market activity. It favors larger portant. This new government program more than 50 percent in the last 10 companies over smaller companies. It is more important than pediatric can- years. favors existing products over new prod- cer. It is more important than chronic How did this happen? It happened be- ucts. It creates insurmountable bar- pain. There are drugs that would treat cause the American people, parents, riers to development of reduced-risk chronic pain and cancer and other con- teachers, and the retail community, products. It limits the ability to com- ditions, including new technology to came together and said that we are municate with adult consumers. It prevent pain killer abuse that are going to do something about kids eliminates existing Federal preemption going through the process now, and you smoking, and they have. of State limits on labeling, marketing, stop it and you slow it down because More than 10 years ago, Congress and advertising. And, it grants FDA in- you take money from the general fund. passed legislation that included the direct authority to mandate changes in And it is time that you cannot get Synar amendment. This amendment farming practices. In effect, this is a very, very bad bill. back. requires the States to enforce laws pro- I urge my colleagues to vote against They say, well, it only happens for 6 hibiting the sale of tobacco products to the rule and to vote against the bill. months, Congressman ROGERS. We only individuals under 18 years of age. We do not need more examples of Big take that money for 6 months, $1, 1 Synar seeks to develop a strategy to Brother as we are seeing in this Con- minute away from the scientist who is help States achieve a retailer violation going to develop the cause or the treat- gress and in this administration. rate of 20 percent or less. I yield back the balance of my time. ment for something like cancer or pe- In 2006, for the first time, the Sec- Mr. POLIS. Mr. Speaker, protecting diatric cancer or chronic pain care. We retary of HHS found that no State was the health of our Nation’s children is of should not interrupt that process. out of compliance, and the average rate paramount importance to me, person- Those dollars, that time is too pre- of tobacco sales to minors was at its ally, to all of us, and to the strength cious. lowest in history. This is a great and security of our Nation. We need to Mr. Speaker, this is really a dan- achievement, but we cannot be compla- work to ensure that children have ac- gerous precedent. cent. We must look to the future and cess to adequate health care, including The SPEAKER pro tempore. The build on the success of the last 10 vaccinations and attention from med- time of the gentleman has expired. years. ical professionals. Ms. FOXX. I yield the gentleman an- Our esteemed colleagues, in par- Tobacco use is the single most pre- other 30 seconds. ticular Mr. MCINTYRE, the chairman of ventable cause of death in the United Mr. ROGERS of Michigan. A vaccine the Ag Committee, the chairman of the States, and yet it continues to receive can now protect women from a strain Budget Committee, the ranking mem- less regulation than a head of lettuce. of HPV that causes most cervical can- bers, have given us an opportunity to Indeed, even pet food is regulated by cers. Think of this, the FDA is now re- do just that and vote on this sub- the Food and Drug Administration. viewing applications to approve HPV stitute. When we pledge to safeguard our vaccinations for women in their mid The Youth Prevention and Tobacco children’s health, we are investing in 40s. And when you do this program the Harm Reduction Act is a tough meas- where the return is, a generation of way you are doing it, you take money ure that allows us to really address healthy, productive Americans. Con- away from those programs. So maybe youth tobacco use in the 21st century. gress not only has an obligation to pro- they don’t get it in 3 months or 6 The substitute requires that the States vide adequate funding for programs months, maybe it is 1 year. Maybe you spend a minimum of 20 percent of their that offer health care access and a give them a delay in this operation tobacco settlement money on preven- healthy start for all children, but also that costs the lives of real Americans. tion, cessation, education, and harm- a responsibility to step in and provide Mr. Speaker, I urge the rejection of reduction programs. meaningful oversight and restore ac- this bill. We ought to go back and say Mr. POLIS. I reserve the balance of countability. This bill embodies both nothing ought to impede food safety my time. of these commitments. and the safety of the medicines and the Ms. FOXX. Mr. Speaker, the Family This is a personal issue for many of cures that are getting ready to come to Smoking Prevention and Tobacco Con- us. I had the opportunity to talk to an- the United States of America. trol Act will not serve to advance the other widow of a victim of tobacco

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.142 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4318 CONGRESSIONAL RECORD — HOUSE April 1, 2009 from Colorado last night. I spoke to The Clerk read the title of the bill. and resources they need to address com- Ms. Kathy Hughes of Loveland, who The SPEAKER pro tempore. Pursu- prehensively the public health and societal lost her husband. David succumbed to ant to House Resolution 307, the problems caused by the use of tobacco prod- amendment printed in part A of House ucts. lung cancer. Again, the latter years of (8) Federal and State public health offi- his life were dedicated to combating Report 111–72 is adopted, and the bill, cials, the public health community, and the the dangers of secondhand smoke. as amended, is considered read. public at large recognize that the tobacco in- Just as my colleague from California, The text of the bill, as amended, is as dustry should be subject to ongoing over- Ms. HARMAN, shared her own family ex- follows: sight. perience with this, we too in my family H.R. 1256 (9) Under article I, section 8 of the Con- have direct experience. My partner Be it enacted by the Senate and House of Rep- stitution, the Congress is vested with the responsibility for regulating interstate com- Marlin’s late mother, Wendy Klein resentatives of the United States of America in merce and commerce with Indian tribes. Congress assembled, Reiss, passed away from lung cancer 2 (10) The sale, distribution, marketing, ad- years ago. It was a very painful thing SECTION 1. SHORT TITLE; TABLE OF CONTENTS. vertising, and use of tobacco products are ac- to go through; and, of course, her wish (a) SHORT TITLE.—This Act may be cited as tivities in and substantially affecting inter- and her dying breaths were that she the ‘‘Family Smoking Prevention and To- state commerce because they are sold, mar- never started smoking. bacco Control Act’’. keted, advertised, and distributed in inter- (b) TABLE OF CONTENTS.—The table of con- state commerce on a nationwide basis, and Americans across all political, demo- tents of this Act is as follows: graphic, and geographic lines have ex- have a substantial effect on the Nation’s Sec. 1. Short title; table of contents. economy. pressed overwhelming support for this Sec. 2. Findings. (11) The sale, distribution, marketing, ad- legislation. The strong endorsement of Sec. 3. Purpose. vertising, and use of such products substan- hundreds of public health organizations Sec. 4. Scope and effect. tially affect interstate commerce through for this bipartisan bill sends a powerful Sec. 5. Severability. the health care and other costs attributable message. TITLE I—AUTHORITY OF THE FOOD AND to the use of tobacco products. The bill simply gives the FDA the DRUG ADMINISTRATION (12) It is in the public interest for Congress long overdue authority to regulate to- Sec. 101. Amendment of Federal Food, Drug, to enact legislation that provides the Food bacco products and reduce their dev- and Cosmetic Act. and Drug Administration with the authority Sec. 102. Final rule. to regulate tobacco products and the adver- astating harm, just as they enjoy Sec. 103. Conforming and other amendments tising and promotion of such products. The today for pet food and lettuce and cos- to general provisions. benefits to the American people from enact- metics. Sec. 104. Study on raising the minimum age ing such legislation would be significant in Today, we have an opportunity to to purchase tobacco products. human and economic terms. protect millions of children across this Sec. 105. Enforcement action plan for adver- (13) Tobacco use is the foremost prevent- Nation and to safeguard their future tising and promotion restric- able cause of premature death in America. It and prevent them from starting smok- tions. causes over 400,000 deaths in the United TITLE II—TOBACCO PRODUCT WARN- States each year, and approximately 8,600,000 ing. We have an opportunity to do the Americans have chronic illnesses related to right thing, to save lives and to INGS; CONSTITUENT AND SMOKE CON- STITUENT DISCLOSURE smoking. strengthen American families. (14) Reducing the use of tobacco by minors Sec. 201. Cigarette label and advertising I urge a ‘‘yes’’ vote on the previous by 50 percent would prevent well over warnings. 10,000,000 of today’s children from becoming question and the rule. Sec. 202. Authority to revise cigarette warn- regular, daily smokers, saving over 3,000,000 Mr. Speaker, I yield back the balance ing label statements. of them from premature death due to to- of my time, and I move the previous Sec. 203. State regulation of cigarette adver- bacco-induced disease. Such a reduction in tising and promotion. question on the resolution. youth smoking would also result in approxi- The previous question was ordered. Sec. 204. Smokeless tobacco labels and advertising warnings. mately $75,000,000,000 in savings attributable The resolution was agreed to. to reduced health care costs. A motion to reconsider was laid on Sec. 205. Authority to revise smokeless tobacco product warning label (15) Advertising, marketing, and promotion the table. statements. of tobacco products have been especially di- f Sec. 206. Tar, nicotine, and other smoke con- rected to attract young persons to use to- stituent disclosure to the pub- bacco products, and these efforts have re- REPORT ON RESOLUTION PRO- lic. sulted in increased use of such products by VIDING FOR FURTHER CONSID- youth. Past efforts to oversee these activi- TITLE III—PREVENTION OF ILLICIT ties have not been successful in adequately ERATION OF H. CON. RES. 85, TRADE IN TOBACCO PRODUCTS CONCURRENT RESOLUTION ON preventing such increased use. Sec. 301. Labeling, recordkeeping, records THE BUDGET FOR FISCAL YEAR (16) In 2005, the cigarette manufacturers inspection. spent more than $13,000,000,000 to attract new 2010 Sec. 302. Study and report. users, retain current users, increase current Mr. POLIS (during consideration of H. SEC. 2. FINDINGS. consumption, and generate favorable long- Res. 307), from the Committee on The Congress finds the following: term attitudes toward smoking and tobacco Rules, submitted a privileged report (1) The use of tobacco products by the Na- use. (Rept. No. 111–73) on the resolution (H. tion’s children is a pediatric disease of con- (17) Tobacco product advertising often siderable proportions that results in new misleadingly portrays the use of tobacco as Res. 316) providing for further consider- generations of tobacco-dependent children socially acceptable and healthful to minors. ation of the concurrent resolution (H. and adults. (18) Tobacco product advertising is regu- Con. Res. 85) setting forth the congres- (2) A consensus exists within the scientific larly seen by persons under the age of 18, and sional budget for the United States and medical communities that tobacco prod- persons under the age of 18 are regularly ex- Government for fiscal year 2010 and in- ucts are inherently dangerous and cause can- posed to tobacco product promotional ef- cluding the appropriate budgetary lev- cer, heart disease, and other serious adverse forts. els for fiscal years 2009 and 2011 health effects. (19) Through advertisements during and through 2014, which was referred to the (3) Nicotine is an addictive drug. sponsorship of sporting events, tobacco has (4) Virtually all new users of tobacco prod- become strongly associated with sports and House Calendar and ordered to be ucts are under the minimum legal age to has become portrayed as an integral part of printed. purchase such products. sports and the healthy lifestyle associated f (5) Tobacco advertising and marketing with rigorous sporting activity. contribute significantly to the use of nico- (20) Children are exposed to substantial FAMILY SMOKING PREVENTION tine-containing tobacco products by adoles- and unavoidable tobacco advertising that AND TOBACCO CONTROL ACT cents. leads to favorable beliefs about tobacco use, Mr. WAXMAN. Mr. Speaker, pursu- (6) Because past efforts to restrict adver- plays a role in leading young people to over- ant to House Resolution 307, I call up tising and marketing of tobacco products estimate the prevalence of tobacco use, and the bill (H.R. 1256) to protect the public have failed adequately to curb tobacco use increases the number of young people who by adolescents, comprehensive restrictions begin to use tobacco. health by providing the Food and Drug on the sale, promotion, and distribution of (21) The use of tobacco products in motion Administration with certain authority such products are needed. pictures and other mass media glamorizes its to regulate tobacco products, and ask (7) Federal and State governments have use for young people and encourages them to for its immediate consideration. lacked the legal and regulatory authority use tobacco products.

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.144 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4319 (22) Tobacco advertising expands the size of youth and most likely to entice them into (43) The only way to effectively protect the the tobacco market by increasing consump- tobacco use, while affording tobacco manu- public health from the dangers of unsubstan- tion of tobacco products including tobacco facturers and sellers ample opportunity to tiated modified risk tobacco products is to use by young people. convey information about their products to empower the Food and Drug Administration (23) Children are more influenced by to- adult consumers. to require that products that tobacco manu- bacco marketing than adults: more than 80 (33) Tobacco dependence is a chronic dis- facturers sold or distributed for risk reduc- percent of youth smoke three heavily mar- ease, one that typically requires repeated tion be reviewed in advance of marketing, keted brands, while only 54 percent of adults, interventions to achieve long-term or perma- and to require that the evidence relied on to 26 and older, smoke these same brands. nent abstinence. support claims be fully verified. (24) Tobacco company documents indicate (34) Because the only known safe alter- (44) The Food and Drug Administration is that young people are an important and native to smoking is cessation, interventions a regulatory agency with the scientific ex- often crucial segment of the tobacco market. should target all smokers to help them quit pertise to identify harmful substances in Children, who tend to be more price sensitive completely. products to which consumers are exposed, to than adults, are influenced by advertising (35) Tobacco products have been used to fa- design standards to limit exposure to those and promotion practices that result in dras- cilitate and finance criminal activities both substances, to evaluate scientific studies tically reduced cigarette prices. domestically and internationally. Illicit supporting claims about the safety of prod- (25) Comprehensive advertising restrictions trade of tobacco products has been linked to ucts, and to evaluate the impact of labels, la- will have a positive effect on the smoking organized crime and terrorist groups. beling, and advertising on consumer behav- rates of young people. (36) It is essential that the Food and Drug ior in order to reduce the risk of harm and (26) Restrictions on advertising are nec- Administration review products sold or dis- promote understanding of the impact of the essary to prevent unrestricted tobacco ad- tributed for use to reduce risks or exposures product on health. In connection with its vertising from undermining legislation pro- associated with tobacco products and that it mandate to promote health and reduce the hibiting access to young people and pro- be empowered to review any advertising and risk of harm, the Food and Drug Administra- viding for education about tobacco use. labeling for such products. It is also essen- tion routinely makes decisions about wheth- (27) International experience shows that er and how products may be marketed in the advertising regulations that are stringent tial that manufacturers, prior to marketing such products, be required to demonstrate United States. and comprehensive have a greater impact on (45) The Federal Trade Commission was overall tobacco use and young people’s use that such products will meet a series of rigorous criteria, and will benefit the health of created to protect consumers from unfair or than weaker or less comprehensive ones. deceptive acts or practices, and to regulate (28) Text only requirements, although not the population as a whole, taking into account both users of tobacco products and unfair methods of competition. Its focus is as stringent as a ban, will help reduce under- on those marketplace practices that deceive age use of tobacco products while preserving persons who do not currently use tobacco products. or mislead consumers, and those that give the informational function of advertising. some competitors an unfair advantage. Its (29) It is in the public interest for Congress (37) Unless tobacco products that purport to reduce the risks to the public of tobacco mission is to regulate activities in the mar- to adopt legislation to address the public ketplace. Neither the Federal Trade Com- health crisis created by actions of the to- use actually reduce such risks, those prod- mission nor any other Federal agency except bacco industry. ucts can cause substantial harm to the pub- the Food and Drug Administration possesses (30) The final regulations promulgated by lic health to the extent that the individuals, the scientific expertise needed to implement the Secretary of Health and Human Services who would otherwise not consume tobacco effectively all provisions of the Family in the August 28, 1996, issue of the Federal products or would consume such products Smoking Prevention and Tobacco Control Register (61 Fed. Reg. 44615–44618) for inclu- less, use tobacco products purporting to re- Act. sion as part 897 of title 21, Code of Federal duce risk. Those who use products sold or (46) If manufacturers state or imply in Regulations, are consistent with the first distributed as modified risk products that do communications directed to consumers amendment to the United States Constitu- not in fact reduce risk, rather than quitting through the media or through a label, label- tion and with the standards set forth in the or reducing their use of tobacco products, amendments made by this subtitle for the have a substantially increased likelihood of ing, or advertising, that a tobacco product is regulation of tobacco products by the Food suffering disability and premature death. approved or inspected by the Food and Drug and Drug Administration, and the restric- The costs to society of the widespread use of Administration or complies with Food and tion on the sale and distribution of, includ- products sold or distributed as modified risk Drug Administration standards, consumers ing access to and the advertising and pro- products that do not in fact reduce risk or are likely to be confused and misled. Depend- motion of, tobacco products contained in that increase risk include thousands of un- ing upon the particular language used and such regulations are substantially related to necessary deaths and injuries and huge costs its context, such a statement could result in accomplishing the public health goals of this to our health care system. consumers being misled into believing that Act. (38) As the National Cancer Institute has the product is endorsed by the Food and (31) The regulations described in paragraph found, many smokers mistakenly believe Drug Administration for use or in consumers (30) will directly and materially advance the that ‘‘low tar’’ and ‘‘light’’ cigarettes cause being misled about the harmfulness of the Federal Government’s substantial interest in fewer health problems than other cigarettes. product because of such regulation, inspec- reducing the number of children and adoles- As the National Cancer Institute has also tion, approval, or compliance. cents who use cigarettes and smokeless to- found, mistaken beliefs about the health (47) In August 2006 a United States district bacco and in preventing the life-threatening consequences of smoking ‘‘low tar’’ and court judge found that the major United health consequences associated with tobacco ‘‘light’’ cigarettes can reduce the motivation States cigarette companies continue to tar- use. An overwhelming majority of Americans to quit smoking entirely and thereby lead to get and market to youth. USA v. Philip Mor- who use tobacco products begin using such disease and death. ris, USA, Inc., et al. (Civil Action No. 99–2496 products while they are minors and become (39) Recent studies have demonstrated that (GK), August 17, 2006). addicted to the nicotine in those products there has been no reduction in risk on a pop- (48) In August 2006 a United States district before reaching the age of 18. Tobacco adver- ulation-wide basis from ‘‘low tar’’ and court judge found that the major United tising and promotion play a crucial role in ‘‘light’’ cigarettes, and such products may States cigarette companies dramatically in- the decision of these minors to begin using actually increase the risk of tobacco use. creased their advertising and promotional tobacco products. Less restrictive and less (40) The dangers of products sold or distrib- spending in ways that encourage youth to comprehensive approaches have not and will uted as modified risk tobacco products that start smoking subsequent to the signing of not be effective in reducing the problems ad- do not in fact reduce risk are so high that the Master Settlement Agreement in 1998. dressed by such regulations. The reasonable there is a compelling governmental interest USA v. Philip Morris, USA, Inc., et al. (Civil restrictions on the advertising and pro- in ensuring that statements about modified Action No. 99–2496 (GK), August 17, 2006). motion of tobacco products contained in risk tobacco products are complete, accu- (49) In August 2006 a United States district such regulations will lead to a significant de- rate, and relate to the overall disease risk of court judge found that the major United crease in the number of minors using and be- the product. States cigarette companies have designed coming addicted to those products. (41) As the Federal Trade Commission has their cigarettes to precisely control nicotine (32) The regulations described in paragraph found, consumers have misinterpreted adver- delivery levels and provide doses of nicotine (30) impose no more extensive restrictions on tisements in which one product is claimed to sufficient to create and sustain addiction communication by tobacco manufacturers be less harmful than a comparable product, while also concealing much of their nicotine- and sellers than are necessary to reduce the even in the presence of disclosures and related research. USA v. Philip Morris, USA, number of children and adolescents who use advisories intended to provide clarification. Inc., et al. (Civil Action No. 99–2496 (GK), Au- cigarettes and smokeless tobacco and to pre- (42) Permitting manufacturers to make un- gust 17, 2006). vent the life-threatening health con- substantiated statements concerning modi- SEC. 3. PURPOSE. sequences associated with tobacco use. Such fied risk tobacco products, whether express The purposes of this Act are— regulations are narrowly tailored to restrict or implied, even if accompanied by dis- (1) to provide authority to the Food and those advertising and promotional practices claimers would be detrimental to the public Drug Administration to regulate tobacco which are most likely to be seen or heard by health. products under the Federal Food, Drug, and

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.061 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4320 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Cosmetic Act (21 U.S.C. 301 et seq.), by recog- ‘‘(rr)(1) The term ‘tobacco product’ means son who furthers the distribution of a to- nizing it as the primary Federal regulatory any product made or derived from tobacco bacco product, whether domestic or im- authority with respect to the manufacture, that is intended for human consumption, in- ported, at any point from the original place marketing, and distribution of tobacco prod- cluding any component, part, or accessory of of manufacture to the person who sells or ucts as provided for in this Act; a tobacco product (except for raw materials distributes the product to individuals for (2) to ensure that the Food and Drug Ad- other than tobacco used in manufacturing a personal consumption. Common carriers are ministration has the authority to address component, part, or accessory of a tobacco not considered distributors for purposes of issues of particular concern to public health product). this chapter. officials, especially the use of tobacco by ‘‘(2) The term ‘tobacco product’ does not ‘‘(8) ILLICIT TRADE.—The term ‘illicit trade’ young people and dependence on tobacco; mean an article that is a drug under sub- means any practice or conduct prohibited by (3) to authorize the Food and Drug Admin- section (g)(1), a device under subsection (h), law which relates to production, shipment, istration to set national standards control- or a combination product described in sec- receipt, possession, distribution, sale, or pur- ling the manufacture of tobacco products tion 503(g). chase of tobacco products including any and the identity, public disclosure, and ‘‘(3) The products described in paragraph practice or conduct intended to facilitate amount of ingredients used in such products; (2) shall be subject to chapter V of this Act. such activity. (4) to provide new and flexible enforcement ‘‘(4) A tobacco product shall not be mar- ‘‘(9) INDIAN COUNTRY.—The term ‘Indian authority to ensure that there is effective keted in combination with any other article country’ has the meaning given such term in oversight of the tobacco industry’s efforts to or product regulated under this Act (includ- section 1151 of title 18, United States Code. ing a drug, biologic, food, cosmetic, medical develop, introduce, and promote less harmful ‘‘(10) INDIAN TRIBE.—The term ‘Indian tobacco products; device, or a dietary supplement).’’. tribe’ has the meaning given such term in (b) FDA AUTHORITY OVER TOBACCO PROD- (5) to vest the Food and Drug Administra- section 4(e) of the Indian Self-Determination UCTS.—The Federal Food, Drug, and Cos- tion with the authority to regulate the lev- and Education Assistance Act. els of tar, nicotine, and other harmful com- metic Act (21 U.S.C. 301 et seq.) is amended— ‘‘(11) LITTLE CIGAR.—The term ‘little cigar’ (1) by redesignating chapter IX as chapter ponents of tobacco products; means a product that— X; (6) in order to ensure that consumers are ‘‘(A) is a tobacco product; and (2) by redesignating sections 901 through better informed, to require tobacco product ‘‘(B) meets the definition of the term ‘little 910 as sections 1001 through 1010; and manufacturers to disclose research which cigar’ in section 3(7) of the Federal Cigarette (3) by inserting after chapter VIII the fol- has not previously been made available, as Labeling and Advertising Act. well as research generated in the future, re- lowing: ‘‘(12) NICOTINE.—The term ‘nicotine’ means lating to the health and dependency effects ‘‘CHAPTER IX—TOBACCO PRODUCTS the chemical substance named 3-(1-Methyl-2- or safety of tobacco products; ‘‘SEC. 900. DEFINITIONS. pyrrolidinyl) pyridine or C[10]H[14]N[2], in- (7) to continue to permit the sale of to- ‘‘In this chapter: cluding any salt or complex of nicotine. bacco products to adults in conjunction with ‘‘(1) ADDITIVE.—The term ‘additive’ means ‘‘(13) PACKAGE.—The term ‘package’ means measures to ensure that they are not sold or any substance the intended use of which re- a pack, box, carton, or container of any kind accessible to underage purchasers; sults or may reasonably be expected to re- or, if no other container, any wrapping (in- (8) to impose appropriate regulatory consult, directly or indirectly, in its becoming a cluding cellophane), in which a tobacco prod- trols on the tobacco industry; component or otherwise affecting the char- uct is offered for sale, sold, or otherwise dis- (9) to promote cessation to reduce disease acteristic of any tobacco product (including tributed to consumers. risk and the social costs associated with to- any substances intended for use as a fla- ‘‘(14) RETAILER.—The term ‘retailer’ means bacco-related diseases; and voring or coloring or in producing, manufac- any person, government, or entity who sells (10) to strengthen legislation against illicit turing, packing, processing, preparing, treat- tobacco products to individuals for personal trade in tobacco products. ing, packaging, transporting, or holding), ex- consumption, or who operates a facility SEC. 4. SCOPE AND EFFECT. cept that such term does not include tobacco where self-service displays of tobacco prod- (a) INTENDED EFFECT.—Nothing in this Act or a pesticide chemical residue in or on raw ucts are permitted. (or an amendment made by this Act) shall be tobacco or a pesticide chemical. ‘‘(15) ROLL-YOUR-OWN TOBACCO.—The term construed to— ‘‘(2) BRAND.—The term ‘brand’ means a va- ‘roll-your-own tobacco’ means any tobacco (1) establish a precedent with regard to any riety of tobacco product distinguished by the product which, because of its appearance, other industry, situation, circumstance, or tobacco used, tar content, nicotine content, type, packaging, or labeling, is suitable for legal action; or flavoring used, size, filtration, packaging, use and likely to be offered to, or purchased (2) affect any action pending in Federal, logo, registered trademark, brand name, by, consumers as tobacco for making ciga- State, or Tribal court, or any agreement, identifiable pattern of colors, or any com- rettes. consent decree, or contract of any kind. bination of such attributes. ‘‘(16) SMALL TOBACCO PRODUCT MANUFAC- (b) AGRICULTURAL ACTIVITIES.—The provi- ‘‘(3) CIGARETTE.—The term ‘cigarette’— TURER.—The term ‘small tobacco product sions of this Act (or an amendment made by ‘‘(A) means a product that— manufacturer’ means a tobacco product this Act) which authorize the Secretary to ‘‘(i) is a tobacco product; and manufacturer that employs fewer than 350 take certain actions with regard to tobacco and tobacco products shall not be construed ‘‘(ii) meets the definition of the term ‘ciga- employees. For purposes of determining the to affect any authority of the Secretary of rette’ in section 3(1) of the Federal Cigarette number of employees of a manufacturer Agriculture under existing law regarding the Labeling and Advertising Act; and under the preceding sentence, the employees growing, cultivation, or curing of raw to- ‘‘(B) includes tobacco, in any form, that is of a manufacturer are deemed to include the bacco. functional in the product, which, because of employees of each entity that controls, is (c) REVENUE ACTIVITIES.—The provisions of its appearance, the type of tobacco used in controlled by, or is under common control this Act (or an amendment made by this the filler, or its packaging and labeling, is with such manufacturer. Act) which authorize the Secretary to take likely to be offered to, or purchased by, con- ‘‘(17) SMOKE CONSTITUENT.—The term certain actions with regard to tobacco prod- sumers as a cigarette or as roll-your-own to- ‘smoke constituent’ means any chemical or ucts shall not be construed to affect any au- bacco. chemical compound in mainstream or thority of the Secretary of the Treasury ‘‘(4) CIGARETTE TOBACCO.—The term ‘ciga- sidestream tobacco smoke that either trans- under chapter 52 of the Internal Revenue rette tobacco’ means any product that con- fers from any component of the cigarette to Code of 1986. sists of loose tobacco that is intended for use the smoke or that is formed by the combus- SEC. 5. SEVERABILITY. by consumers in a cigarette. Unless other- tion or heating of tobacco, additives, or If any provision of this Act, the amend- wise stated, the requirements applicable to other component of the tobacco product. ments made by this Act, or the application cigarettes under this chapter shall also apply ‘‘(18) SMOKELESS TOBACCO.—The term of any provision of this Act to any person or to cigarette tobacco. ‘smokeless tobacco’ means any tobacco prod- circumstance is held to be invalid, the re- ‘‘(5) COMMERCE.—The term ‘commerce’ has uct that consists of cut, ground, powdered, or mainder of this Act, the amendments made the meaning given that term by section 3(2) leaf tobacco and that is intended to be placed by this Act, and the application of the provi- of the Federal Cigarette Labeling and Adver- in the oral or nasal cavity. sions of this Act to any other person or cir- tising Act. ‘‘(19) STATE; TERRITORY.—The terms ‘State’ cumstance shall not be affected and shall ‘‘(6) COUNTERFEIT TOBACCO PRODUCT.—The and ‘Territory’ shall have the meanings continue to be enforced to the fullest extent term ‘counterfeit tobacco product’ means a given to such terms in section 201. possible. tobacco product (or the container or labeling ‘‘(20) TOBACCO PRODUCT MANUFACTURER.— TITLE I—AUTHORITY OF THE FOOD AND of such a product) that, without authoriza- The term ‘tobacco product manufacturer’ DRUG ADMINISTRATION tion, bears the trademark, trade name, or means any person, including any repacker or SEC. 101. AMENDMENT OF FEDERAL FOOD, DRUG, other identifying mark, imprint, or device, relabeler, who— AND COSMETIC ACT. or any likeness thereof, of a tobacco product ‘‘(A) manufactures, fabricates, assembles, (a) DEFINITION OF TOBACCO PRODUCTS.—Sec- listed in a registration under section processes, or labels a tobacco product; or tion 201 of the Federal Food, Drug, and Cos- 905(i)(1). ‘‘(B) imports a finished tobacco product for metic Act (21 U.S.C. 321) is amended by add- ‘‘(7) DISTRIBUTOR.—The term ‘distributor’ sale or distribution in the United States. ing at the end the following: as regards a tobacco product means any per- ‘‘(21) TOBACCO WAREHOUSE.—

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.061 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4321 ‘‘(A) Subject to subparagraphs (B) and (C), turer. The exception in this subparagraph ‘‘(8) it is in violation of section 911. the term ‘tobacco warehouse’ includes any shall not apply to a producer of tobacco leaf ‘‘SEC. 903. MISBRANDED TOBACCO PRODUCTS. person— who grows tobacco under a contract with a ‘‘(a) IN GENERAL.—A tobacco product shall ‘‘(i) who— tobacco product manufacturer and who is be deemed to be misbranded— ‘‘(I) removes foreign material from tobacco not otherwise engaged in the manufacturing ‘‘(1) if its labeling is false or misleading in leaf through nothing other than a mechan- process. any particular; ical process; ‘‘(C) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) if in package form unless it bears a ‘‘(II) humidifies tobacco leaf with nothing this chapter shall be construed to grant the label containing— other than potable water in the form of Secretary authority to promulgate regula- ‘‘(A) the name and place of business of the steam or mist; or tions on any matter that involves the pro- tobacco product manufacturer, packer, or ‘‘(III) de-stems, dries, and packs tobacco duction of tobacco leaf or a producer thereof, distributor; leaf for storage and shipment; other than activities by a manufacturer af- ‘‘(B) an accurate statement of the quantity ‘‘(ii) who performs no other actions with fecting production. of the contents in terms of weight, measure, respect to tobacco leaf; and ‘‘(d) RULEMAKING PROCEDURES.—Each rule- or numerical count; ‘‘(iii) who provides to any manufacturer to making under this chapter shall be in ac- ‘‘(C) an accurate statement of the percent- whom the person sells tobacco all informa- cordance with chapter 5 of title 5, United age of the tobacco used in the product that tion related to the person’s actions described States Code. This subsection shall not be is domestically grown tobacco and the per- in clause (i) that is necessary for compliance construed to affect the rulemaking provi- centage that is foreign grown tobacco; and with this Act. sions of section 102(a) of the Family Smok- ‘‘(D) the statement required under section ‘‘(B) The term ‘tobacco warehouse’ ex- ing Prevention and Tobacco Control Act. 920(a), cludes any person who— ‘‘(e) CENTER FOR TOBACCO PRODUCTS.—Not except that under subparagraph (B) reason- ‘‘(i) reconstitutes tobacco leaf; later than 90 days after the date of enact- able variations shall be permitted, and ex- ‘‘(ii) is a manufacturer, distributor, or re- ment of the Family Smoking Prevention and emptions as to small packages shall be es- tailer of a tobacco product; or Tobacco Control Act, the Secretary shall established, by regulations prescribed by the ‘‘(iii) applies any chemical, additive, or tablish within the Food and Drug Adminis- Secretary; substance to the tobacco leaf other than po- tration the Center for Tobacco Products, ‘‘(3) if any word, statement, or other infor- table water in the form of steam or mist. which shall report to the Commissioner of mation required by or under authority of ‘‘(C) The definition of the term ‘tobacco Food and Drugs in the same manner as the this chapter to appear on the label or label- warehouse’ in subparagraph (A) shall not other agency centers within the Food and ing is not prominently placed thereon with apply to the extent to which the Secretary Drug Administration. The Center shall be re- such conspicuousness (as compared with determines, through rulemaking, that regu- sponsible for the implementation of this other words, statements, or designs in the la- lation under this chapter of the actions de- chapter and related matters assigned by the beling) and in such terms as to render it scribed in such subparagraph is appropriate Commissioner. likely to be read and understood by the ordi- for the protection of the public health. ‘‘(f) OFFICE TO ASSIST SMALL TOBACCO nary individual under customary conditions ‘‘(22) UNITED STATES.—The term ‘United PRODUCT MANUFACTURERS.—The Secretary of purchase and use; States’ means the 50 States of the United shall establish within the Food and Drug Ad- ‘‘(4) if it has an established name, unless States of America and the District of Colum- ministration an identifiable office to provide its label bears, to the exclusion of any other bia, the Commonwealth of Puerto Rico, technical and other nonfinancial assistance nonproprietary name, its established name Guam, the Virgin Islands, American Samoa, to small tobacco product manufacturers to prominently printed in type as required by Wake Island, Midway Islands, Kingman Reef, assist them in complying with the require- the Secretary by regulation; Johnston Atoll, the Northern Mariana Is- ments of this Act. ‘‘(5) if the Secretary has issued regulations ‘‘(g) CONSULTATION PRIOR TO RULE- lands, and any other trust territory or pos- requiring that its labeling bear adequate di- MAKING.—Prior to promulgating rules under session of the United States. rections for use, or adequate warnings this chapter, the Secretary shall endeavor to against use by children, that are necessary ‘‘SEC. 901. FDA AUTHORITY OVER TOBACCO consult with other Federal agencies as ap- PRODUCTS. for the protection of users unless its labeling propriate. ‘‘(a) IN GENERAL.—Tobacco products, in- conforms in all respects to such regulations; cluding modified risk tobacco products for ‘‘SEC. 902. ADULTERATED TOBACCO PRODUCTS. ‘‘(6) if it was manufactured, prepared, prop- which an order has been issued in accordance ‘‘A tobacco product shall be deemed to be agated, compounded, or processed in an es- with section 911, shall be regulated by the adulterated if— tablishment not duly registered under sec- Secretary under this chapter and shall not ‘‘(1) it consists in whole or in part of any tion 905(b), 905(c), 905(d), or 905(h), if it was be subject to the provisions of chapter V. filthy, putrid, or decomposed substance, or is not included in a list required by section ‘‘(b) APPLICABILITY.—This chapter shall otherwise contaminated by any added poi- 905(i), if a notice or other information re- apply to all cigarettes, cigarette tobacco, sonous or added deleterious substance that specting it was not provided as required by roll-your-own tobacco, and smokeless to- may render the product injurious to health; such section or section 905(j), or if it does not bacco and to any other tobacco products ‘‘(2) it has been prepared, packed, or held bear such symbols from the uniform system that the Secretary by regulation deems to be under insanitary conditions whereby it may for identification of tobacco products pre- subject to this chapter. have been contaminated with filth, or where- scribed under section 905(e) as the Secretary ‘‘(c) SCOPE.— by it may have been rendered injurious to by regulation requires; ‘‘(1) IN GENERAL.—Nothing in this chapter, health; ‘‘(7) if, in the case of any tobacco product or any policy issued or regulation promul- ‘‘(3) its package is composed, in whole or in distributed or offered for sale in any State— gated thereunder, or in sections 101(a), 102, part, of any poisonous or deleterious sub- ‘‘(A) its advertising is false or misleading or 103 of title I, title II, or title III of the stance which may render the contents inju- in any particular; or Family Smoking Prevention and Tobacco rious to health; ‘‘(B) it is sold or distributed in violation of Control Act, shall be construed to affect, ex- ‘‘(4) the manufacturer or importer of the regulations prescribed under section 906(d); pand, or limit the Secretary’s authority over tobacco product fails to pay a user fee as- ‘‘(8) unless, in the case of any tobacco (including the authority to determine wheth- sessed to such manufacturer or importer pur- product distributed or offered for sale in any er products may be regulated), or the regula- suant to section 919 by the date specified in State, the manufacturer, packer, or dis- tion of, products under this Act that are not section 919 or by the 30th day after final tributor thereof includes in all advertise- tobacco products under chapter V or any agency action on a resolution of any dispute ments and other descriptive printed matter other chapter. as to the amount of such fee; issued or caused to be issued by the manufac- ‘‘(2) LIMITATION OF AUTHORITY.— ‘‘(5) it is, or purports to be or is rep- turer, packer, or distributor with respect to ‘‘(A) IN GENERAL.—The provisions of this resented as, a tobacco product which is sub- that tobacco product— chapter shall not apply to tobacco leaf that ject to a tobacco product standard estab- ‘‘(A) a true statement of the tobacco prod- is not in the possession of a manufacturer of lished under section 907 unless such tobacco uct’s established name as described in para- tobacco products, or to the producers of to- product is in all respects in conformity with graph (4), printed prominently; and bacco leaf, including tobacco growers, to- such standard; ‘‘(B) a brief statement of— bacco warehouses, and tobacco grower co- ‘‘(6)(A) it is required by section 910(a) to ‘‘(i) the uses of the tobacco product and operatives, nor shall any employee of the have premarket review and does not have an relevant warnings, precautions, side effects, Food and Drug Administration have any au- order in effect under section 910(c)(1)(A)(i); and contraindications; and thority to enter onto a farm owned by a pro- or ‘‘(ii) in the case of specific tobacco prod- ducer of tobacco leaf without the written ‘‘(B) it is in violation of an order under sec- ucts made subject to a finding by the Sec- consent of such producer. tion 910(c)(1)(A); retary after notice and opportunity for com- ‘‘(B) EXCEPTION.—Notwithstanding sub- ‘‘(7) the methods used in, or the facilities ment that such action is appropriate to pro- paragraph (A), if a producer of tobacco leaf is or controls used for, its manufacture, pack- tect the public health, a full description of also a tobacco product manufacturer or con- ing, or storage are not in conformity with the components of such tobacco product or trolled by a tobacco product manufacturer, applicable requirements under section the formula showing quantitatively each in- the producer shall be subject to this chapter 906(e)(1) or an applicable condition pre- gredient of such tobacco product to the ex- in the producer’s capacity as a manufac- scribed by an order under section 906(e)(2); or tent required in regulations which shall be

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issued by the Secretary after an opportunity constituents (including smoke constituents), ‘‘(1) MANUFACTURE, PREPARATION, for a hearing; ingredients, components, and additives. COMPOUNDING, OR PROCESSING.—The term ‘‘(9) if it is a tobacco product subject to a ‘‘(2) Any or all documents (including un- ‘manufacture, preparation, compounding, or tobacco product standard established under derlying scientific information) relating to processing’ shall include repackaging or oth- section 907, unless it bears such labeling as research activities, and research findings, erwise changing the container, wrapper, or may be prescribed in such tobacco product conducted, supported, or possessed by the labeling of any tobacco product package in standard; or manufacturer (or agents thereof) that relate furtherance of the distribution of the to- ‘‘(10) if there was a failure or refusal— to the issue of whether a reduction in risk to bacco product from the original place of ‘‘(A) to comply with any requirement pre- health from tobacco products can occur upon manufacture to the person who makes final scribed under section 904 or 908; or the employment of technology available or delivery or sale to the ultimate consumer or ‘‘(B) to furnish any material or informa- known to the manufacturer. user. tion required under section 909. ‘‘(3) Any or all documents (including un- ‘‘(2) NAME.—The term ‘name’ shall include ‘‘(b) PRIOR APPROVAL OF LABEL STATE- derlying scientific or financial information) in the case of a partnership the name of each MENTS.—The Secretary may, by regulation, relating to marketing research involving the partner and, in the case of a corporation, the require prior approval of statements made on use of tobacco products or marketing prac- name of each corporate officer and director, the label of a tobacco product. No regulation tices and the effectiveness of such practices and the State of incorporation. issued under this subsection may require used by tobacco manufacturers and distribu- ‘‘(b) REGISTRATION BY OWNERS AND OPERA- prior approval by the Secretary of the con- tors. TORS.—On or before December 31 of each tent of any advertisement, except for modi- An importer of a tobacco product not manu- year, every person who owns or operates any fied risk tobacco products as provided in sec- factured in the United States shall supply establishment in any State engaged in the tion 911. No advertisement of a tobacco prod- the information required of a tobacco prod- manufacture, preparation, compounding, or uct published after the date of enactment of uct manufacturer under this subsection. processing of a tobacco product or tobacco the Family Smoking Prevention and To- ‘‘(c) TIME FOR SUBMISSION.— products shall register with the Secretary bacco Control Act shall, with respect to the ‘‘(1) IN GENERAL.—At least 90 days prior to the name, places of business, and all such es- language of label statements as prescribed the delivery for introduction into interstate tablishments of that person. If enactment of under section 4 of the Federal Cigarette La- commerce of a tobacco product not on the the Family Smoking Prevention and To- beling and Advertising Act and section 3 of market on the date of enactment of the bacco Control Act occurs in the second half the Comprehensive Smokeless Tobacco Family Smoking Prevention and Tobacco of the calendar year, the Secretary shall des- Health Education Act of 1986 or the regula- Control Act, the manufacturer of such prod- ignate a date no later than 6 months into the tions issued under such sections, be subject uct shall provide the information required subsequent calendar year by which registra- to the provisions of sections 12 through 15 of under subsection (a). tion pursuant to this subsection shall occur. the Federal Trade Commission Act. ‘‘(2) DISCLOSURE OF ADDITIVE.—If at any ‘‘(c) REGISTRATION BY NEW OWNERS AND OP- ‘‘SEC. 904. SUBMISSION OF HEALTH INFORMA- time a tobacco product manufacturer adds to TION TO THE SECRETARY. ERATORS.—Every person upon first engaging its tobacco products a new tobacco additive in the manufacture, preparation, ‘‘(a) REQUIREMENT.—Each tobacco product or increases the quantity of an existing to- manufacturer or importer, or agents thereof, compounding, or processing of a tobacco bacco additive, the manufacturer shall, ex- product or tobacco products in any establish- shall submit to the Secretary the following cept as provided in paragraph (3), at least 90 information: ment owned or operated in any State by that days prior to such action so advise the Sec- person shall immediately register with the ‘‘(1) Not later than 6 months after the date retary in writing. of enactment of the Family Smoking Pre- Secretary that person’s name, place of busi- ‘‘(3) DISCLOSURE OF OTHER ACTIONS.—If at ness, and such establishment. vention and Tobacco Control Act, a listing of any time a tobacco product manufacturer ‘‘(d) REGISTRATION OF ADDED ESTABLISH- all ingredients, including tobacco, sub- eliminates or decreases an existing additive, stances, compounds, and additives that are, MENTS.—Every person required to register or adds or increases an additive that has by under subsection (b) or (c) shall immediately as of such date, added by the manufacturer regulation been designated by the Secretary to the tobacco, paper, filter, or other part of register with the Secretary any additional as an additive that is not a human or animal establishment which that person owns or op- each tobacco product by brand and by quan- carcinogen, or otherwise harmful to health tity in each brand and subbrand. erates in any State and in which that person under intended conditions of use, the manu- begins the manufacture, preparation, ‘‘(2) A description of the content, delivery, facturer shall within 60 days of such action and form of nicotine in each tobacco product compounding, or processing of a tobacco so advise the Secretary in writing. product or tobacco products. measured in milligrams of nicotine in ac- ‘‘(d) DATA LIST.— ‘‘(e) UNIFORM PRODUCT IDENTIFICATION SYS- cordance with regulations promulgated by ‘‘(1) IN GENERAL.—Not later than 3 years TEM.—The Secretary may by regulation pre- the Secretary in accordance with section 4(e) after the date of enactment of the Family scribe a uniform system for the identifica- of the Federal Cigarette Labeling and Adver- Smoking Prevention and Tobacco Control tion of tobacco products and may require tising Act. Act, and annually thereafter, the Secretary that persons who are required to list such to- ‘‘(3) Beginning 3 years after the date of en- shall publish in a format that is understand- bacco products under subsection (i) shall list actment of the Family Smoking Prevention able and not misleading to a lay person, and such tobacco products in accordance with and Tobacco Control Act, a listing of all con- place on public display (in a manner deter- such system. stituents, including smoke constituents as mined by the Secretary) the list established ‘‘(f) PUBLIC ACCESS TO REGISTRATION INFOR- applicable, identified by the Secretary as under subsection (e). MATION.—The Secretary shall make available harmful or potentially harmful to health in ‘‘(2) CONSUMER RESEARCH.—The Secretary for inspection, to any person so requesting, each tobacco product, and as applicable in shall conduct periodic consumer research to any registration filed under this section. the smoke of each tobacco product, by brand ensure that the list published under para- and by quantity in each brand and subbrand. graph (1) is not misleading to lay persons. ‘‘(g) BIENNIAL INSPECTION OF REGISTERED Effective beginning 3 years after such date of Not later than 5 years after the date of en- ESTABLISHMENTS.—Every establishment reg- enactment, the manufacturer, importer, or actment of the Family Smoking Prevention istered with the Secretary under this section agent shall comply with regulations promul- and Tobacco Control Act, the Secretary shall shall be subject to inspection under section gated under section 915 in reporting informa- submit to the appropriate committees of 704 or subsection (h), and every such estab- tion under this paragraph, where applicable. Congress a report on the results of such re- lishment engaged in the manufacture, ‘‘(4) Beginning 6 months after the date of search, together with recommendations on compounding, or processing of a tobacco enactment of the Family Smoking Preven- whether such publication should be contin- product or tobacco products shall be so in- tion and Tobacco Control Act, all documents ued or modified. spected by 1 or more officers or employees developed after such date of enactment that ‘‘(e) DATA COLLECTION.—Not later than 24 duly designated by the Secretary at least relate to health, toxicological, behavioral, or months after the date of enactment of the once in the 2-year period beginning with the physiologic effects of current or future to- Family Smoking Prevention and Tobacco date of registration of such establishment bacco products, their constituents (including Control Act, the Secretary shall establish, under this section and at least once in every smoke constituents), ingredients, compo- and periodically revise as appropriate, a list successive 2-year period thereafter. nents, and additives. of harmful and potentially harmful constitu- ‘‘(h) REGISTRATION BY FOREIGN ESTABLISH- ‘‘(b) DATA SUBMISSION.—At the request of ents, including smoke constituents, to MENTS.—Any establishment within any for- the Secretary, each tobacco product manu- health in each tobacco product by brand and eign country engaged in the manufacture, facturer or importer of tobacco products, or by quantity in each brand and subbrand. The preparation, compounding, or processing of a agents thereof, shall submit the following: Secretary shall publish a public notice re- tobacco product or tobacco products, shall ‘‘(1) Any or all documents (including un- questing the submission by interested per- register under this section under regulations derlying scientific information) relating to sons of scientific and other information con- promulgated by the Secretary. Such regula- research activities, and research findings, cerning the harmful and potentially harmful tions shall require such establishment to conducted, supported, or possessed by the constituents in tobacco products and tobacco provide the information required by sub- manufacturer (or agents thereof) on the smoke. section (i) and shall include provisions for health, toxicological, behavioral, or physio- ‘‘SEC. 905. ANNUAL REGISTRATION. registration of any such establishment upon logic effects of tobacco products and their ‘‘(a) DEFINITIONS.—In this section: condition that adequate and effective means

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GENERAL PROVISIONS RESPECTING ernment of such foreign country or other- notice of such resumption, the date of such CONTROL OF TOBACCO PRODUCTS. wise, to enable the Secretary to determine resumption, the identity of such tobacco ‘‘(a) IN GENERAL.—Any requirement estab- from time to time whether tobacco products product by established name, and other in- lished by or under section 902, 903, 905, or 909 manufactured, prepared, compounded, or formation required by paragraph (1), unless applicable to a tobacco product shall apply processed in such establishment, if imported the registrant has previously reported such to such tobacco product until the applica- or offered for import into the United States, resumption to the Secretary under this sub- bility of the requirement to the tobacco shall be refused admission on any of the paragraph. product has been changed by action taken grounds set forth in section 801(a). ‘‘(D) Any material change in any informa- under section 907, section 910, section 911, or ‘‘(i) REGISTRATION INFORMATION.— tion previously submitted under this para- subsection (d) of this section, and any re- ‘‘(1) PRODUCT LIST.—Every person who reg- graph or paragraph (1). quirement established by or under section isters with the Secretary under subsection ‘‘(j) REPORT PRECEDING INTRODUCTION OF 902, 903, 905, or 909 which is inconsistent with (b), (c), (d), or (h) shall, at the time of reg- CERTAIN SUBSTANTIALLY EQUIVALENT PROD- a requirement imposed on such tobacco prod- istration under any such subsection, file UCTS INTO INTERSTATE COMMERCE.— uct under section 907, section 910, section 911, with the Secretary a list of all tobacco prod- ‘‘(1) IN GENERAL.—Each person who is re- or subsection (d) of this section shall not ucts which are being manufactured, pre- quired to register under this section and who apply to such tobacco product. pared, compounded, or processed by that per- proposes to begin the introduction or deliv- ‘‘(b) INFORMATION ON PUBLIC ACCESS AND son for commercial distribution and which ery for introduction into interstate com- COMMENT.—Each notice of proposed rule- have not been included in any list of tobacco merce for commercial distribution of a to- making or other notification under section products filed by that person with the Sec- bacco product intended for human use that 907, 908, 909, 910, or 911 or under this section, retary under this paragraph or paragraph (2) was not commercially marketed (other than any other notice which is published in the before such time of registration. Such list for test marketing) in the United States as Federal Register with respect to any other shall be prepared in such form and manner as of February 15, 2007, shall, at least 90 days action taken under any such section and the Secretary may prescribe and shall be ac- prior to making such introduction or deliv- which states the reasons for such action, and companied by— ery, report to the Secretary (in such form each publication of findings required to be ‘‘(A) in the case of a tobacco product con- and manner as the Secretary shall pre- made in connection with rulemaking under tained in the applicable list with respect to scribe)— any such section shall set forth— which a tobacco product standard has been ‘‘(A) the basis for such person’s determina- ‘‘(1) the manner in which interested per- established under section 907 or which is sub- tion that— sons may examine data and other informa- ject to section 910, a reference to the author- ‘‘(i) the tobacco product is substantially tion on which the notice or findings is based; ity for the marketing of such tobacco prod- equivalent, within the meaning of section and uct and a copy of all labeling for such to- 910, to a tobacco product commercially mar- ‘‘(2) the period within which interested per- bacco product; keted (other than for test marketing) in the sons may present their comments on the no- ‘‘(B) in the case of any other tobacco prod- United States as of February 15, 2007, or to a tice or findings (including the need there- uct contained in an applicable list, a copy of tobacco product that the Secretary has pre- fore) orally or in writing, which period shall all consumer information and other labeling viously determined, pursuant to subsection be at least 60 days but may not exceed 90 for such tobacco product, a representative (a)(3) of section 910, is substantially equiva- days unless the time is extended by the Sec- sampling of advertisements for such tobacco lent and that is in compliance with the re- retary by a notice published in the Federal product, and, upon request made by the Sec- quirements of this Act; or Register stating good cause therefore. retary for good cause, a copy of all advertise- ‘‘(ii) the tobacco product is modified with- ‘‘(c) LIMITED CONFIDENTIALITY OF INFORMA- ments for a particular tobacco product; and in the meaning of paragraph (3), the modi- TION.—Any information reported to or other- ‘‘(C) if the registrant filing a list has deter- fications are to a product that is commer- wise obtained by the Secretary or the Sec- mined that a tobacco product contained in cially marketed and in compliance with the retary’s representative under section 903, 904, such list is not subject to a tobacco product requirements of this Act, and all of the 907, 908, 909, 910, 911, or 704, or under substandard established under section 907, a modifications are covered by exemptions section (e) or (f) of this section, which is ex- brief statement of the basis upon which the granted by the Secretary pursuant to para- empt from disclosure under subsection (a) of registrant made such determination if the graph (3); and section 552 of title 5, United States Code, by Secretary requests such a statement with re- ‘‘(B) action taken by such person to com- reason of subsection (b)(4) of that section spect to that particular tobacco product. ply with the requirements under section 907 shall be considered confidential and shall not ‘‘(2) CONSULTATION WITH RESPECT TO that are applicable to the tobacco product. be disclosed, except that the information FORMS.—The Secretary shall consult with ‘‘(2) APPLICATION TO CERTAIN POST-FEB- may be disclosed to other officers or employ- the Secretary of the Treasury in developing RUARY 15, 2007, PRODUCTS.—A report under this ees concerned with carrying out this chap- the forms to be used for registration under subsection for a tobacco product that was ter, or when relevant in any proceeding this section to minimize the burden on those first introduced or delivered for introduction under this chapter. persons required to register with both the into interstate commerce for commercial ‘‘(d) RESTRICTIONS.— Secretary and the Tax and Trade Bureau of distribution in the United States after Feb- ‘‘(1) IN GENERAL.—The Secretary may by the Department of the Treasury. ruary 15, 2007, and prior to the date that is 21 regulation require restrictions on the sale ‘‘(3) BIANNUAL REPORT OF ANY CHANGE IN months after the date of enactment of the and distribution of a tobacco product, in- PRODUCT LIST.—Each person who registers Family Smoking Prevention and Tobacco cluding restrictions on the access to, and the with the Secretary under this section shall Control Act shall be submitted to the Sec- advertising and promotion of, the tobacco report to the Secretary once during the retary not later than 21 months after such product, if the Secretary determines that month of June of each year and once during date of enactment. such regulation would be appropriate for the the month of December of each year the fol- ‘‘(3) EXEMPTIONS.— protection of the public health. The Sec- lowing: ‘‘(A) IN GENERAL.—The Secretary may ex- retary may by regulation impose restrictions ‘‘(A) A list of each tobacco product intro- empt from the requirements of this sub- on the advertising and promotion of a to- duced by the registrant for commercial dis- section relating to the demonstration that a bacco product consistent with and to full ex- tribution which has not been included in any tobacco product is substantially equivalent tent permitted by the first amendment to list previously filed by that person with the within the meaning of section 910, tobacco the Constitution. The finding as to whether Secretary under this subparagraph or para- products that are modified by adding or de- such regulation would be appropriate for the graph (1). A list under this subparagraph leting a tobacco additive, or increasing or protection of the public health shall be de- shall list a tobacco product by its estab- decreasing the quantity of an existing to- termined with respect to the risks and bene- lished name and shall be accompanied by the bacco additive, if the Secretary determines fits to the population as a whole, including other information required by paragraph (1). that— users and nonusers of the tobacco product, ‘‘(B) If since the date the registrant last ‘‘(i) such modification would be a minor and taking into account— made a report under this paragraph that per- modification of a tobacco product that can ‘‘(A) the increased or decreased likelihood son has discontinued the manufacture, prep- be sold under this Act; that existing users of tobacco products will aration, compounding, or processing for com- ‘‘(ii) a report under this subsection is not stop using such products; and mercial distribution of a tobacco product in- necessary to ensure that permitting the to- ‘‘(B) the increased or decreased likelihood cluded in a list filed under subparagraph (A) bacco product to be marketed would be ap- that those who do not use tobacco products or paragraph (1), notice of such discontinu- propriate for protection of the public health; will start using such products. ance, the date of such discontinuance, and and No such regulation may require that the sale the identity of its established name. ‘‘(iii) an exemption is otherwise appro- or distribution of a tobacco product be lim- ‘‘(C) If since the date the registrant re- priate. ited to the written or oral authorization of a ported under subparagraph (B) a notice of ‘‘(B) REGULATIONS.—Not later than 15 practitioner licensed by law to prescribe discontinuance that person has resumed the months after the date of enactment of the medical products. manufacture, preparation, compounding, or Family Smoking Prevention and Tobacco ‘‘(2) LABEL STATEMENTS.—The label of a to- processing for commercial distribution of Control Act, the Secretary shall issue regu- bacco product shall bear such appropriate the tobacco product with respect to which lations to implement this paragraph. statements of the restrictions required by a

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regulation under subsection (a) as the Sec- with respect to the regulation proposed to be ‘‘(D) CONDITIONS.—An order of the Sec- retary may in such regulation prescribe. promulgated; retary approving a petition for a variance ‘‘(3) LIMITATIONS.— ‘‘(ii) before promulgating any regulation shall prescribe such conditions respecting ‘‘(A) IN GENERAL.—No restrictions under under subparagraph (A), afford opportunity the methods used in, and the facilities and paragraph (1) may— for an oral hearing; controls used for, the manufacture, packing, ‘‘(i) prohibit the sale of any tobacco prod- ‘‘(iii) provide the Tobacco Products Sci- and storage of the tobacco product to be uct in face-to-face transactions by a specific entific Advisory Committee a reasonable granted the variance under the petition as category of retail outlets; or time to make its recommendation with re- may be necessary to assure that the tobacco ‘‘(ii) establish a minimum age of sale of to- spect to proposed regulations under subpara- product will be in compliance with this chap- bacco products to any person older than 18 graph (A); ter. years of age. ‘‘(iv) in establishing the effective date of a ‘‘(E) HEARING.—After the issuance of an ‘‘(B) MATCHBOOKS.—For purposes of any regulation promulgated under this sub- order under subparagraph (B) respecting a regulations issued by the Secretary, match- section, take into account the differences in petition, the petitioner shall have an oppor- books of conventional size containing not the manner in which the different types of tunity for an informal hearing on such order. more than 20 paper matches, and which are tobacco products have historically been pro- ‘‘(3) COMPLIANCE.—Compliance with re- customarily given away for free with the duced, the financial resources of the dif- quirements under this subsection shall not purchase of tobacco products, shall be con- ferent tobacco product manufacturers, and be required before the end of the 3-year pe- sidered as adult-written publications which the state of their existing manufacturing fa- riod following the date of enactment of the Family Smoking Prevention and Tobacco shall be permitted to contain advertising. cilities, and shall provide for a reasonable Control Act. Notwithstanding the preceding sentence, if period of time for such manufacturers to ‘‘(f) RESEARCH AND DEVELOPMENT.—The the Secretary finds that such treatment of conform to good manufacturing practices; matchbooks is not appropriate for the pro- Secretary may enter into contracts for re- and search, testing, and demonstrations respect- tection of the public health, the Secretary ‘‘(v) not require any small tobacco product may determine by regulation that matching tobacco products and may obtain tobacco manufacturer to comply with a regulation products for research, testing, and dem- books shall not be considered adult-written under subparagraph (A) for at least 4 years onstration purposes. publications. following the effective date established by ‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. ‘‘(4) REMOTE SALES.— the Secretary for such regulation. ‘‘(a) IN GENERAL.— ‘‘(A) IN GENERAL.—The Secretary shall— ‘‘(2) EXEMPTIONS; VARIANCES.— ‘‘(i) within 18 months after the date of en- ‘‘(1) SPECIAL RULES.— ‘‘(A) PETITION.—Any person subject to any ‘‘(A) SPECIAL RULE FOR CIGARETTES.—Be- actment of the Family Smoking Prevention requirement prescribed under paragraph (1) ginning 3 months after the date of enact- and Tobacco Control Act, promulgate regula- may petition the Secretary for a permanent ment of the Family Smoking Prevention and tions regarding the sale and distribution of or temporary exemption or variance from Tobacco Control Act, a cigarette or any of tobacco products that occur through means such requirement. Such a petition shall be its component parts (including the tobacco, other than a direct, face-to-face exchange be- submitted to the Secretary in such form and filter, or paper) shall not contain, as a con- tween a retailer and a consumer in order to manner as the Secretary shall prescribe and stituent (including a smoke constituent) or prevent the sale and distribution of tobacco shall— additive, an artificial or natural flavor products to individuals who have not at- ‘‘(i) in the case of a petition for an exemp- (other than tobacco or menthol) or an herb tained the minimum age established by ap- tion from a requirement, set forth the basis or spice, including strawberry, grape, orange, plicable law for the purchase of such prod- for the petitioner’s determination that com- clove, cinnamon, pineapple, vanilla, coconut, ucts, including requirements for age pliance with the requirement is not required licorice, cocoa, chocolate, cherry, or coffee, verification; and to assure that the tobacco product will be in that is a characterizing flavor of the tobacco ‘‘(ii) within 2 years after such date of en- compliance with this chapter; product or tobacco smoke. Nothing in this actment, issue regulations to address the ‘‘(ii) in the case of a petition for a variance subparagraph shall be construed to limit the promotion and marketing of tobacco prod- from a requirement, set forth the methods Secretary’s authority to take action under ucts that are sold or distributed through proposed to be used in, and the facilities and this section or other sections of this Act ap- means other than a direct, face-to-face ex- controls proposed to be used for, the manu- plicable to menthol or any artificial or nat- change between a retailer and a consumer in facture, packing, and storage of the tobacco ural flavor, herb, or spice not specified in order to protect individuals who have not at- product in lieu of the methods, facilities, and this subparagraph. tained the minimum age established by ap- controls prescribed by the requirement; and ‘‘(B) ADDITIONAL SPECIAL RULE.—Beginning plicable law for the purchase of such prod- ‘‘(iii) contain such other information as 2 years after the date of enactment of the ucts. the Secretary shall prescribe. Family Smoking Prevention and Tobacco ‘‘(B) RELATION TO OTHER AUTHORITY.—Noth- ‘‘(B) REFERRAL TO THE TOBACCO PRODUCTS Control Act, a tobacco product manufacturer ing in this paragraph limits the authority of SCIENTIFIC ADVISORY COMMITTEE.—The Sec- shall not use tobacco, including foreign the Secretary to take additional actions retary may refer to the Tobacco Products grown tobacco, that contains a pesticide under the other paragraphs of this sub- Scientific Advisory Committee any petition chemical residue that is at a level greater section. submitted under subparagraph (A). The To- than is specified by any tolerance applicable ‘‘(e) GOOD MANUFACTURING PRACTICE RE- bacco Products Scientific Advisory Com- under Federal law to domestically grown to- QUIREMENTS.— mittee shall report its recommendations to bacco. ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO the Secretary with respect to a petition re- ‘‘(2) REVISION OF TOBACCO PRODUCT STAND- CONFORM.— ferred to it within 60 days after the date of ARDS.—The Secretary may revise the to- ‘‘(A) IN GENERAL.—In applying manufac- the petition’s referral. Within 60 days after— bacco product standards in paragraph (1) in turing restrictions to tobacco, the Secretary ‘‘(i) the date the petition was submitted to accordance with subsection (c). shall, in accordance with subparagraph (B), the Secretary under subparagraph (A); or ‘‘(3) TOBACCO PRODUCT STANDARDS.— prescribe regulations (which may differ ‘‘(ii) the day after the petition was referred ‘‘(A) IN GENERAL.—The Secretary may based on the type of tobacco product in- to the Tobacco Products Scientific Advisory adopt tobacco product standards in addition volved) requiring that the methods used in, Committee, to those in paragraph (1) if the Secretary and the facilities and controls used for, the whichever occurs later, the Secretary shall finds that a tobacco product standard is ap- manufacture, preproduction design valida- by order either deny the petition or approve propriate for the protection of the public tion (including a process to assess the per- it. health. formance of a tobacco product), packing, and ‘‘(C) APPROVAL.—The Secretary may ap- ‘‘(B) DETERMINATIONS.— storage of a tobacco product conform to cur- prove— ‘‘(i) CONSIDERATIONS.—In making a finding rent good manufacturing practice, or hazard ‘‘(i) a petition for an exemption for a to- described in subparagraph (A), the Secretary analysis and critical control point method- bacco product from a requirement if the Sec- shall consider scientific evidence con- ology, as prescribed in such regulations to retary determines that compliance with such cerning— assure that the public health is protected requirement is not required to assure that ‘‘(I) the risks and benefits to the popu- and that the tobacco product is in compli- the tobacco product will be in compliance lation as a whole, including users and ance with this chapter. Such regulations with this chapter; and nonusers of tobacco products, of the pro- may provide for the testing of raw tobacco ‘‘(ii) a petition for a variance for a tobacco posed standard; for pesticide chemical residues regardless of product from a requirement if the Secretary ‘‘(II) the increased or decreased likelihood whether a tolerance for such chemical resi- determines that the methods to be used in, that existing users of tobacco products will dues has been established. and the facilities and controls to be used for, stop using such products; and ‘‘(B) REQUIREMENTS.—The Secretary the manufacture, packing, and storage of the ‘‘(III) the increased or decreased likelihood shall— tobacco product in lieu of the methods, fa- that those who do not use tobacco products ‘‘(i) before promulgating any regulation cilities, and controls prescribed by the re- will start using such products. under subparagraph (A), afford the Tobacco quirement are sufficient to assure that the ‘‘(ii) ADDITIONAL CONSIDERATIONS.—In the Products Scientific Advisory Committee an tobacco product will be in compliance with event that the Secretary makes a determina- opportunity to submit recommendations this chapter. tion, set forth in a proposed tobacco product

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In establishing such effective require the reduction or elimination of an make a significant contribution. date or dates, the Secretary shall consider additive, constituent (including a smoke ‘‘(b) CONSIDERATIONS BY SECRETARY.— information submitted in connection with a constituent), or other component of a to- ‘‘(1) TECHNICAL ACHIEVABILITY.—The Sec- proposed product standard by interested par- bacco product because the Secretary has retary shall consider information submitted ties, including manufacturers and tobacco found that the additive, constituent, or in connection with a proposed standard re- growers, regarding the technical other component is or may be harmful, any garding the technical achievability of com- achievability of compliance with the stand- party objecting to the proposed standard on pliance with such standard. ard, and including information concerning the ground that the proposed standard will ‘‘(2) OTHER CONSIDERATIONS.—The Sec- the existence of patents that make it impos- not reduce or eliminate the risk of illness or retary shall consider all other information sible to comply in the timeframe envisioned injury may provide for the Secretary’s con- submitted in connection with a proposed in the proposed standard. If the Secretary sideration scientific evidence that dem- standard, including information concerning determines, based on the Secretary’s evalua- onstrates that the proposed standard will the countervailing effects of the tobacco tion of submitted comments, that a product not reduce or eliminate the risk of illness or product standard on the health of adolescent standard can be met only by manufacturers injury. tobacco users, adult tobacco users, or non- requiring substantial changes to the meth- ‘‘(4) CONTENT OF TOBACCO PRODUCT STAND- tobacco users, such as the creation of a sig- ods of farming the domestically grown to- ARDS.—A tobacco product standard estab- nificant demand for contraband or other tobacco used by the manufacturer, the effec- lished under this section for a tobacco prod- bacco products that do not meet the require- tive date of that product standard shall be uct— ments of this chapter and the significance of not less than 2 years after the date of publi- ‘‘(A) shall include provisions that are ap- such demand. cation of the final regulation establishing propriate for the protection of the public ‘‘(c) PROPOSED STANDARDS.— the standard. health, including provisions, where appro- ‘‘(1) IN GENERAL.—The Secretary shall pub- ‘‘(3) LIMITATION ON POWER GRANTED TO THE priate— lish in the Federal Register a notice of pro- FOOD AND DRUG ADMINISTRATION.—Because of ‘‘(i) for nicotine yields of the product; posed rulemaking for the establishment, the importance of a decision of the Secretary ‘‘(ii) for the reduction or elimination of amendment, or revocation of any tobacco to issue a regulation— other constituents, including smoke con- product standard. ‘‘(A) banning all cigarettes, all smokeless stituents, or harmful components of the ‘‘(2) REQUIREMENTS OF NOTICE.—A notice of tobacco products, all little cigars, all cigars product; or proposed rulemaking for the establishment other than little cigars, all pipe tobacco, or ‘‘(iii) relating to any other requirement or amendment of a tobacco product standard all roll-your-own tobacco products; or under subparagraph (B); for a tobacco product shall— ‘‘(B) requiring the reduction of nicotine ‘‘(B) shall, where appropriate for the pro- ‘‘(A) set forth a finding with supporting yields of a tobacco product to zero, tection of the public health, include— justification that the tobacco product stand- the Secretary is prohibited from taking such ‘‘(i) provisions respecting the construction, ard is appropriate for the protection of the actions under this Act. components, ingredients, additives, constitu- public health; ‘‘(4) AMENDMENT; REVOCATION.— ents, including smoke constituents, and ‘‘(B) invite interested persons to submit a ‘‘(A) AUTHORITY.—The Secretary, upon the properties of the tobacco product; draft or proposed tobacco product standard Secretary’s own initiative or upon petition ‘‘(ii) provisions for the testing (on a sample for consideration by the Secretary; of an interested person, may by a regulation, basis or, if necessary, on an individual basis) ‘‘(C) invite interested persons to submit promulgated in accordance with the require- of the tobacco product; comments on structuring the standard so ments of subsection (c) and paragraph (2), ‘‘(iii) provisions for the measurement of that it does not advantage foreign-grown to- amend or revoke a tobacco product standard. the tobacco product characteristics of the bacco over domestically grown tobacco; and ‘‘(B) EFFECTIVE DATE.—The Secretary may tobacco product; ‘‘(D) invite the Secretary of Agriculture to declare a proposed amendment of a tobacco ‘‘(iv) provisions requiring that the results provide any information or analysis which product standard to be effective on and after of each or of certain of the tests of the to- the Secretary of Agriculture believes is rel- its publication in the Federal Register and bacco product required to be made under evant to the proposed tobacco product stand- until the effective date of any final action clause (ii) show that the tobacco product is ard. taken on such amendment if the Secretary in conformity with the portions of the stand- ‘‘(3) FINDING.—A notice of proposed rule- determines that making it so effective is in ard for which the test or tests were required; making for the revocation of a tobacco prod- the public interest. and uct standard shall set forth a finding with ‘‘(5) REFERRAL TO ADVISORY COMMITTEE.— ‘‘(v) a provision requiring that the sale and supporting justification that the tobacco ‘‘(A) IN GENERAL.—The Secretary may refer distribution of the tobacco product be re- product standard is no longer appropriate for a proposed regulation for the establishment, stricted but only to the extent that the sale the protection of the public health. amendment, or revocation of a tobacco prod- and distribution of a tobacco product may be ‘‘(4) COMMENT.—The Secretary shall pro- uct standard to the Tobacco Products Sci- restricted under a regulation under section vide for a comment period of not less than 60 entific Advisory Committee for a report and 906(d); days. recommendation with respect to any matter ‘‘(C) shall, where appropriate, require the ‘‘(d) PROMULGATION.— involved in the proposed regulation which reuse and prescribe the form and content of la- ‘‘(1) IN GENERAL.—After the expiration of quires the exercise of scientific judgment. beling for the proper use of the tobacco prod- the period for comment on a notice of pro- ‘‘(B) INITIATION OF REFERRAL.—The Sec- uct; and posed rulemaking published under sub- retary may make a referral under this para- ‘‘(D) shall require tobacco products con- section (c) respecting a tobacco product graph— taining foreign-grown tobacco to meet the standard and after consideration of com- ‘‘(i) on the Secretary’s own initiative; or same standards applicable to tobacco prod- ments submitted under subsections (b) and ‘‘(ii) upon the request of an interested per- ucts containing domestically grown tobacco. (c) and any report from the Tobacco Prod- son that— ‘‘(5) PERIODIC REEVALUATION OF TOBACCO ucts Scientific Advisory Committee, the Sec- ‘‘(I) demonstrates good cause for the refer- PRODUCT STANDARDS.—The Secretary shall retary shall— ral; and provide for periodic evaluation of tobacco ‘‘(A) if the Secretary determines that the ‘‘(II) is made before the expiration of the product standards established under this sec- standard would be appropriate for the pro- period for submission of comments on the tion to determine whether such standards tection of the public health, promulgate a proposed regulation. should be changed to reflect new medical, regulation establishing a tobacco product ‘‘(C) PROVISION OF DATA.—If a proposed reg- scientific, or other technological data. The standard and publish in the Federal Register ulation is referred under this paragraph to Secretary may provide for testing under findings on the matters referred to in sub- the Tobacco Products Scientific Advisory paragraph (4)(B) by any person. section (c); or Committee, the Secretary shall provide the ‘‘(6) INVOLVEMENT OF OTHER AGENCIES; IN- ‘‘(B) publish a notice terminating the pro- Advisory Committee with the data and infor- FORMED PERSONS.—In carrying out duties ceeding for the development of the standard mation on which such proposed regulation is under this section, the Secretary shall en- together with the reasons for such termi- based. deavor to— nation. ‘‘(D) REPORT AND RECOMMENDATION.—The ‘‘(A) use personnel, facilities, and other ‘‘(2) EFFECTIVE DATE.—A regulation estab- Tobacco Products Scientific Advisory Com- technical support available in other Federal lishing a tobacco product standard shall set mittee shall, within 60 days after the referral agencies; forth the date or dates upon which the stand- of a proposed regulation under this para- ‘‘(B) consult with other Federal agencies ard shall take effect, but no such regulation graph and after independent study of the concerned with standard setting and other may take effect before 1 year after the date data and information furnished to it by the nationally or internationally recognized of its publication unless the Secretary deter- Secretary and other data and information standard-setting entities; and mines that an earlier effective date is nec- before it, submit to the Secretary a report ‘‘(C) invite appropriate participation, essary for the protection of the public and recommendation respecting such regula- through joint or other conferences, work- health. Such date or dates shall be estab- tion, together with all underlying data and shops, or other means, by informed persons lished so as to minimize, consistent with the information and a statement of the reason or representative of scientific, professional, in- public health, economic loss to, and disrup- basis for the recommendation.

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‘‘(E) PUBLIC AVAILABILITY.—The Secretary that inadequate grounds exist to support the verify a record, report, or information sub- shall make a copy of each report and rec- actions required by the order, the Secretary mitted under this chapter. ommendation under subparagraph (D) pub- shall vacate the order. In prescribing regulations under this sub- licly available. ‘‘(2) AMENDMENT OF ORDER TO REQUIRE RE- section, the Secretary shall have due regard ‘‘(e) MENTHOL CIGARETTES.— CALL.— for the professional ethics of the medical ‘‘(1) REFERRAL; CONSIDERATIONS.—Imme- ‘‘(A) IN GENERAL.—If, after providing an op- profession and the interests of patients. The diately upon the establishment of the To- portunity for an informal hearing under prohibitions of paragraph (6) continue to bacco Products Scientific Advisory Com- paragraph (1), the Secretary determines that apply to records, reports, and information mittee under section 917(a), the Secretary the order should be amended to include a re- concerning any individual who has been a pa- shall refer to the Committee for report and call of the tobacco product with respect to tient, irrespective of whether or when he recommendation, under section 917(c)(4), the which the order was issued, the Secretary ceases to be a patient. issue of the impact of the use of menthol in shall, except as provided in subparagraph ‘‘(b) REPORTS OF REMOVALS AND CORREC- cigarettes on the public health, including (B), amend the order to require a recall. The TIONS.— such use among children, African Americans, Secretary shall specify a timetable in which ‘‘(1) IN GENERAL.—Except as provided in Hispanics, and other racial and ethnic mi- the tobacco product recall will occur and paragraph (2), the Secretary shall by regula- norities. In its review, the Tobacco Products shall require periodic reports to the Sec- tion require a tobacco product manufacturer Scientific Advisory Committee shall address retary describing the progress of the recall. or importer of a tobacco product to report the considerations listed in subsections ‘‘(B) NOTICE.—An amended order under sub- promptly to the Secretary any corrective ac- (a)(3)(B)(i) and (b). paragraph (A)— tion taken or removal from the market of a ‘‘(2) REPORT AND RECOMMENDATION.—Not ‘‘(i) shall not include recall of a tobacco tobacco product undertaken by such manu- later than 1 year after its establishment, the product from individuals; and facturer or importer if the removal or cor- Tobacco Product Scientific Advisory Com- ‘‘(ii) shall provide for notice to persons rection was undertaken— mittee shall submit to the Secretary the re- subject to the risks associated with the use ‘‘(A) to reduce a risk to health posed by the port and recommendations required pursuant of such tobacco product. tobacco product; or to paragraph (1). In providing the notice required by clause ‘‘(B) to remedy a violation of this chapter ‘‘(3) RULE OF CONSTRUCTION.—Nothing in (ii), the Secretary may use the assistance of caused by the tobacco product which may this subsection shall be construed to limit retailers and other persons who distributed present a risk to health. the Secretary’s authority to take action such tobacco product. If a significant num- A tobacco product manufacturer or importer under this section or other sections of this ber of such persons cannot be identified, the of a tobacco product who undertakes a cor- Act applicable to menthol. Secretary shall notify such persons under rective action or removal from the market of section 705(b). ‘‘SEC. 908. NOTIFICATION AND OTHER REMEDIES. a tobacco product which is not required to be ‘‘(3) REMEDY NOT EXCLUSIVE.—The remedy reported under this subsection shall keep a ‘‘(a) NOTIFICATION.—If the Secretary deter- provided by this subsection shall be in addi- record of such correction or removal. mines that— tion to remedies provided by subsection (a). ‘‘(1) a tobacco product which is introduced ‘‘(2) EXCEPTION.—No report of the correc- ‘‘SEC. 909. RECORDS AND REPORTS ON TOBACCO tive action or removal of a tobacco product or delivered for introduction into interstate PRODUCTS. may be required under paragraph (1) if a re- commerce for commercial distribution pre- ‘‘(a) IN GENERAL.—Every person who is a sents an unreasonable risk of substantial tobacco product manufacturer or importer of port of the corrective action or removal is harm to the public health; and a tobacco product shall establish and main- required and has been submitted under sub- ‘‘(2) notification under this subsection is tain such records, make such reports, and section (a). necessary to eliminate the unreasonable risk provide such information, as the Secretary ‘‘SEC. 910. APPLICATION FOR REVIEW OF CER- of such harm and no more practicable means may by regulation reasonably require to as- TAIN TOBACCO PRODUCTS. is available under the provisions of this sure that such tobacco product is not adul- ‘‘(a) IN GENERAL.— chapter (other than this section) to elimi- terated or misbranded and to otherwise pro- ‘‘(1) NEW TOBACCO PRODUCT DEFINED.—For nate such risk, tect public health. Regulations prescribed purposes of this section the term ‘new to- the Secretary may issue such order as may under the preceding sentence— bacco product’ means— be necessary to assure that adequate notifi- ‘‘(1) may require a tobacco product manu- ‘‘(A) any tobacco product (including those cation is provided in an appropriate form, by facturer or importer to report to the Sec- products in test markets) that was not com- the persons and means best suited under the retary whenever the manufacturer or im- mercially marketed in the United States as circumstances involved, to all persons who porter receives or otherwise becomes aware of February 15, 2007; or should properly receive such notification in of information that reasonably suggests that ‘‘(B) any modification (including a change order to eliminate such risk. The Secretary one of its marketed tobacco products may in design, any component, any part, or any may order notification by any appropriate have caused or contributed to a serious unex- constituent, including a smoke constituent, means, including public service announce- pected adverse experience associated with or in the content, delivery or form of nico- ments. Before issuing an order under this the use of the product or any significant in- tine, or any other additive or ingredient) of subsection, the Secretary shall consult with crease in the frequency of a serious, expected a tobacco product where the modified prod- the persons who are to give notice under the adverse product experience; uct was commercially marketed in the order. ‘‘(2) shall require reporting of other signifi- United States after February 15, 2007. ‘‘(b) NO EXEMPTION FROM OTHER LIABIL- cant adverse tobacco product experiences as ‘‘(2) PREMARKET REVIEW REQUIRED.— ITY.—Compliance with an order issued under determined by the Secretary to be necessary ‘‘(A) NEW PRODUCTS.—An order under sub- this section shall not relieve any person to be reported; section (c)(1)(A)(i) for a new tobacco product from liability under Federal or State law. In ‘‘(3) shall not impose requirements unduly is required unless— awarding damages for economic loss in an burdensome to a tobacco product manufac- ‘‘(i) the manufacturer has submitted a reaction brought for the enforcement of any turer or importer, taking into account the port under section 905(j); and the Secretary such liability, the value to the plaintiff in cost of complying with such requirements has issued an order that the tobacco prod- such action of any remedy provided under and the need for the protection of the public uct— such order shall be taken into account. health and the implementation of this chap- ‘‘(I) is substantially equivalent to a to- ‘‘(c) RECALL AUTHORITY.— ter; bacco product commercially marketed (other ‘‘(1) IN GENERAL.—If the Secretary finds ‘‘(4) when prescribing the procedure for than for test marketing) in the United that there is a reasonable probability that a making requests for reports or information, States as of February 15, 2007; and tobacco product contains a manufacturing or shall require that each request made under ‘‘(II) is in compliance with the require- other defect not ordinarily contained in to- such regulations for submission of a report ments of this Act; or bacco products on the market that would or information to the Secretary state the ‘‘(ii) the tobacco product is exempt from cause serious, adverse health consequences reason or purpose for such request and iden- the requirements of section 905(j) pursuant or death, the Secretary shall issue an order tify to the fullest extent practicable such re- to a regulation issued under section 905(j)(3). requiring the appropriate person (including port or information; ‘‘(B) APPLICATION TO CERTAIN POST-FEB- the manufacturers, importers, distributors, ‘‘(5) when requiring submission of a report RUARY 15, 2007, PRODUCTS.—Subparagraph (A) or retailers of the tobacco product) to imme- or information to the Secretary, shall state shall not apply to a tobacco product— diately cease distribution of such tobacco the reason or purpose for the submission of ‘‘(i) that was first introduced or delivered product. The order shall provide the person such report or information and identify to for introduction into interstate commerce subject to the order with an opportunity for the fullest extent practicable such report or for commercial distribution in the United an informal hearing, to be held not later information; and States after February 15, 2007, and prior to than 10 days after the date of the issuance of ‘‘(6) may not require that the identity of the date that is 21 months after the date of the order, on the actions required by the any patient or user be disclosed in records, enactment of the Family Smoking Preven- order and on whether the order should be reports, or information required under this tion and Tobacco Control Act; and amended to require a recall of such tobacco subsection unless required for the medical ‘‘(ii) for which a report was submitted product. If, after providing an opportunity welfare of an individual, to determine risks under section 905(j) within such 21-month pe- for such a hearing, the Secretary determines to public health of a tobacco product, or to riod,

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or bacco product. ‘‘(c) ACTION ON APPLICATION.— ‘‘(ii) has different characteristics and the ‘‘(B) OTHER EVIDENCE.—If the Secretary de- ‘‘(1) DEADLINE.— information submitted contains information, termines that there exists valid scientific ‘‘(A) IN GENERAL.—As promptly as possible, including clinical data if deemed necessary evidence (other than evidence derived from but in no event later than 180 days after the by the Secretary, that demonstrates that it investigations described in subparagraph receipt of an application under subsection is not appropriate to regulate the product (A)) which is sufficient to evaluate the to- (b), the Secretary, after considering the re- under this section because the product does bacco product, the Secretary may authorize port and recommendation submitted under not raise different questions of public health. that the determination for purposes of para- subsection (b)(2), shall— ‘‘(B) CHARACTERISTICS.—In subparagraph graph (2)(A) be made on the basis of such evi- ‘‘(i) issue an order that the new product (A), the term ‘characteristics’ means the ma- dence. may be introduced or delivered for introduc- terials, ingredients, design, composition, ‘‘(d) WITHDRAWAL AND TEMPORARY SUSPEN- tion into interstate commerce if the Sec- heating source, or other features of a to- SION.— retary finds that none of the grounds speci- bacco product. ‘‘(1) IN GENERAL.—The Secretary shall, fied in paragraph (2) of this subsection ap- ‘‘(C) LIMITATION.—A tobacco product may upon obtaining, where appropriate, advice on not be found to be substantially equivalent plies; or scientific matters from the Tobacco Prod- to a predicate tobacco product that has been ‘‘(ii) issue an order that the new product ucts Scientific Advisory Committee, and removed from the market at the initiative of may not be introduced or delivered for intro- after due notice and opportunity for infor- the Secretary or that has been determined duction into interstate commerce if the Sec- mal hearing for a tobacco product for which by a judicial order to be misbranded or adul- retary finds (and sets forth the basis for such an order was issued under subsection terated. finding as part of or accompanying such de- (c)(1)(A)(i), issue an order withdrawing the ‘‘(4) HEALTH INFORMATION.— nial) that 1 or more grounds for denial speci- order if the Secretary finds— ‘‘(A) SUMMARY.—As part of a submission fied in paragraph (2) of this subsection apply. ‘‘(A) that the continued marketing of such under section 905(j) respecting a tobacco ‘‘(B) RESTRICTIONS ON SALE AND DISTRIBU- tobacco product no longer is appropriate for product, the person required to file a pre- TION.—An order under subparagraph (A)(i) the protection of the public health; market notification under such section shall may require that the sale and distribution of ‘‘(B) that the application contained or was provide an adequate summary of any health the tobacco product be restricted but only to accompanied by an untrue statement of a information related to the tobacco product the extent that the sale and distribution of a material fact; or state that such information will be made tobacco product may be restricted under a ‘‘(C) that the applicant— available upon request by any person. regulation under section 906(d). ‘‘(i) has failed to establish a system for ‘‘(B) REQUIRED INFORMATION.—Any sum- ‘‘(2) DENIAL OF APPLICATION.—The Sec- maintaining records, or has repeatedly or de- mary under subparagraph (A) respecting a retary shall deny an application submitted liberately failed to maintain records or to tobacco product shall contain detailed infor- under subsection (b) if, upon the basis of the make reports, required by an applicable reg- mation regarding data concerning adverse information submitted to the Secretary as ulation under section 909; health effects and shall be made available to part of the application and any other infor- ‘‘(ii) has refused to permit access to, or the public by the Secretary within 30 days of mation before the Secretary with respect to copying or verification of, such records as re- the issuance of a determination that such to- such tobacco product, the Secretary finds quired by section 704; or bacco product is substantially equivalent to that— ‘‘(iii) has not complied with the require- another tobacco product. ‘‘(A) there is a lack of a showing that per- ments of section 905; ‘‘(b) APPLICATION.— mitting such tobacco product to be marketed ‘‘(D) on the basis of new information before ‘‘(1) CONTENTS.—An application under this would be appropriate for the protection of the Secretary with respect to such tobacco section shall contain— the public health; product, evaluated together with the evi- ‘‘(A) full reports of all information, pub- ‘‘(B) the methods used in, or the facilities dence before the Secretary when the applica- lished or known to, or which should reason- or controls used for, the manufacture, proc- tion was reviewed, that the methods used in, ably be known to, the applicant, concerning essing, or packing of such tobacco product do or the facilities and controls used for, the investigations which have been made to not conform to the requirements of section manufacture, processing, packing, or instal- show the health risks of such tobacco prod- 906(e); lation of such tobacco product do not con- uct and whether such tobacco product pre- ‘‘(C) based on a fair evaluation of all mate- form with the requirements of section 906(e) sents less risk than other tobacco products; rial facts, the proposed labeling is false or and were not brought into conformity with ‘‘(B) a full statement of the components, misleading in any particular; or such requirements within a reasonable time ingredients, additives, and properties, and of ‘‘(D) such tobacco product is not shown to after receipt of written notice from the Sec- the principle or principles of operation, of conform in all respects to a tobacco product retary of nonconformity; such tobacco product; standard in effect under section 907, and ‘‘(E) on the basis of new information before ‘‘(C) a full description of the methods used there is a lack of adequate information to the Secretary, evaluated together with the in, and the facilities and controls used for, justify the deviation from such standard. evidence before the Secretary when the ap- the manufacture, processing, and, when rel- ‘‘(3) DENIAL INFORMATION.—Any denial of plication was reviewed, that the labeling of evant, packing and installation of, such to- an application shall, insofar as the Secretary such tobacco product, based on a fair evalua- bacco product; determines to be practicable, be accom- tion of all material facts, is false or mis- ‘‘(D) an identifying reference to any to- panied by a statement informing the appli- leading in any particular and was not cor- bacco product standard under section 907 cant of the measures required to remove rected within a reasonable time after receipt which would be applicable to any aspect of such application from deniable form (which of written notice from the Secretary of such such tobacco product, and either adequate measures may include further research by fact; or information to show that such aspect of such the applicant in accordance with 1 or more ‘‘(F) on the basis of new information before tobacco product fully meets such tobacco protocols prescribed by the Secretary). the Secretary, evaluated together with the product standard or adequate information to ‘‘(4) BASIS FOR FINDING.—For purposes of evidence before the Secretary when such justify any deviation from such standard; this section, the finding as to whether the order was issued, that such tobacco product ‘‘(E) such samples of such tobacco product marketing of a tobacco product for which an is not shown to conform in all respects to a and of components thereof as the Secretary application has been submitted is appro- tobacco product standard which is in effect may reasonably require; priate for the protection of the public health under section 907, compliance with which ‘‘(F) specimens of the labeling proposed to shall be determined with respect to the risks was a condition to the issuance of an order be used for such tobacco product; and and benefits to the population as a whole, in- relating to the application, and that there is ‘‘(G) such other information relevant to cluding users and nonusers of the tobacco a lack of adequate information to justify the the subject matter of the application as the product, and taking into account— deviation from such standard. Secretary may require. ‘‘(A) the increased or decreased likelihood ‘‘(2) APPEAL.—The holder of an application ‘‘(2) REFERRAL TO TOBACCO PRODUCTS SCI- that existing users of tobacco products will subject to an order issued under paragraph ENTIFIC ADVISORY COMMITTEE.—Upon receipt stop using such products; and (1) withdrawing an order issued pursuant to

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subsection (c)(1)(A)(i) may, by petition filed ‘‘(II) the tobacco product or its smoke con- ‘‘(e) PUBLIC AVAILABILITY.—The Secretary on or before the 30th day after the date upon tains a reduced level of a substance or pre- shall make the application described in sub- which such holder receives notice of such sents a reduced exposure to a substance; or section (d) publicly available (except matters withdrawal, obtain review thereof in accord- ‘‘(III) the tobacco product or its smoke in the application which are trade secrets or ance with section 912. does not contain or is free of a substance; otherwise confidential, commercial informa- ‘‘(3) TEMPORARY SUSPENSION.—If, after pro- ‘‘(ii) the label, labeling, or advertising of tion) and shall request comments by inter- viding an opportunity for an informal hear- which uses the descriptors ‘light’, ‘mild’, or ested persons on the information contained ing, the Secretary determines there is rea- ‘low’ or similar descriptors; or in the application and on the label, labeling, sonable probability that the continuation of ‘‘(iii) the tobacco product manufacturer of and advertising accompanying such applica- distribution of a tobacco product under an which has taken any action directed to con- tion. order would cause serious, adverse health sumers through the media or otherwise, ‘‘(f) ADVISORY COMMITTEE.— consequences or death, that is greater than other than by means of the tobacco product’s ‘‘(1) IN GENERAL.—The Secretary shall refer ordinarily caused by tobacco products on the label, labeling, or advertising, after the date to the Tobacco Products Scientific Advisory market, the Secretary shall by order tempo- of enactment of the Family Smoking Pre- Committee any application submitted under rarily suspend the authority of the manufac- vention and Tobacco Control Act, respecting this section. turer to market the product. If the Secretary the product that would be reasonably ex- ‘‘(2) RECOMMENDATIONS.—Not later than 60 issues such an order, the Secretary shall pro- pected to result in consumers believing that days after the date an application is referred ceed expeditiously under paragraph (1) to the tobacco product or its smoke may to the Tobacco Products Scientific Advisory withdraw such application. present a lower risk of disease or is less Committee under paragraph (1), the Advisory ‘‘(e) SERVICE OF ORDER.—An order issued harmful than one or more commercially Committee shall report its recommendations by the Secretary under this section shall be marketed tobacco products, or presents a re- on the application to the Secretary. served— duced exposure to, or does not contain or is ‘‘(g) MARKETING.— ‘‘(1) in person by any officer or employee of free of, a substance or substances. ‘‘(1) MODIFIED RISK PRODUCTS.—Except as the department designated by the Secretary; ‘‘(B) LIMITATION.—No tobacco product shall provided in paragraph (2), the Secretary or be considered to be ‘sold or distributed for shall, with respect to an application sub- ‘‘(2) by mailing the order by registered use to reduce harm or the risk of tobacco-re- mitted under this section, issue an order mail or certified mail addressed to the appli- lated disease associated with commercially that a modified risk product may be com- cant at the applicant’s last known address in marketed tobacco products’, except as de- mercially marketed only if the Secretary de- the records of the Secretary. scribed in subparagraph (A). termines that the applicant has dem- ‘‘(f) RECORDS.— ‘‘(C) SMOKELESS TOBACCO PRODUCT.—No onstrated that such product, as it is actually ‘‘(1) ADDITIONAL INFORMATION.—In the case smokeless tobacco product shall be consid- used by consumers, will— of any tobacco product for which an order ered to be ‘sold or distributed for use to re- ‘‘(A) significantly reduce harm and the issued pursuant to subsection (c)(1)(A)(i) for duce harm or the risk of tobacco-related dis- risk of tobacco-related disease to individual an application filed under subsection (b) is in ease associated with commercially marketed tobacco users; and effect, the applicant shall establish and tobacco products’ solely because its label, la- ‘‘(B) benefit the health of the population as maintain such records, and make such re- beling, or advertising uses the following a whole taking into account both users of to- ports to the Secretary, as the Secretary may phrases to describe such product and its use: bacco products and persons who do not currently use tobacco products. by regulation, or by order with respect to ‘smokeless tobacco’, ‘smokeless tobacco ‘‘(2) SPECIAL RULE FOR CERTAIN PRODUCTS.— such application, prescribe on the basis of a product’, ‘not consumed by smoking’, ‘does ‘‘(A) IN GENERAL.—The Secretary may finding that such records and reports are not produce smoke’, ‘smokefree’, ‘smoke- issue an order that a tobacco product may be necessary in order to enable the Secretary to free’, ‘without smoke’, ‘no smoke’, or ‘not introduced or delivered for introduction into determine, or facilitate a determination of, smoke’. interstate commerce, pursuant to an applica- whether there is or may be grounds for with- ‘‘(3) EFFECTIVE DATE.—The provisions of tion under this section, with respect to a to- drawing or temporarily suspending such paragraph (2)(A)(ii) shall take effect 12 bacco product that may not be commercially order. months after the date of enactment of the marketed under paragraph (1) if the Sec- ‘‘(2) ACCESS TO RECORDS.—Each person re- Family Smoking Prevention and Tobacco retary makes the findings required under quired under this section to maintain Control Act for those products whose label, this paragraph and determines that the ap- records, and each person in charge of custody labeling, or advertising contains the terms plicant has demonstrated that— thereof, shall, upon request of an officer or described in such paragraph on such date of ‘‘(i) such order would be appropriate to employee designated by the Secretary, per- enactment. The effective date shall be with promote the public health; mit such officer or employee at all reason- respect to the date of manufacture, provided ‘‘(ii) any aspect of the label, labeling, and able times to have access to and copy and that, in any case, beginning 30 days after advertising for such product that would verify such records. such effective date, a manufacturer shall not cause the tobacco product to be a modified ‘‘(g) INVESTIGATIONAL TOBACCO PRODUCT introduce into the domestic commerce of the risk tobacco product under subsection (b) is EXEMPTION FOR INVESTIGATIONAL USE.—The United States any product, irrespective of limited to an explicit or implicit representa- Secretary may exempt tobacco products in- the date of manufacture, that is not in con- tion that such tobacco product or its smoke tended for investigational use from the pro- formance with paragraph (2)(A)(ii). visions of this chapter under such conditions ‘‘(c) TOBACCO DEPENDENCE PRODUCTS.—A does not contain or is free of a substance or as the Secretary may by regulation pre- product that is intended to be used for the contains a reduced level of a substance, or scribe. treatment of tobacco dependence, including presents a reduced exposure to a substance ‘‘SEC. 911. MODIFIED RISK TOBACCO PRODUCTS. smoking cessation, is not a modified risk to- in tobacco smoke; ‘‘(a) IN GENERAL.—No person may intro- bacco product under this section if it has ‘‘(iii) scientific evidence is not available duce or deliver for introduction into inter- been approved as a drug or device by the and, using the best available scientific meth- state commerce any modified risk tobacco Food and Drug Administration and is subject ods, cannot be made available without con- product unless an order issued pursuant to to the requirements of chapter V. ducting long-term epidemiological studies subsection (g) is effective with respect to ‘‘(d) FILING.—Any person may file with the for an application to meet the standards set such product. Secretary an application for a modified risk forth in paragraph (1); and ‘‘(b) DEFINITIONS.—In this section: tobacco product. Such application shall in- ‘‘(iv) the scientific evidence that is avail- ‘‘(1) MODIFIED RISK TOBACCO PRODUCT.—The clude— able without conducting long-term epidemio- term ‘modified risk tobacco product’ means ‘‘(1) a description of the proposed product logical studies demonstrates that a measur- any tobacco product that is sold or distrib- and any proposed advertising and labeling; able and substantial reduction in morbidity uted for use to reduce harm or the risk of to- ‘‘(2) the conditions for using the product; or mortality among individual tobacco users bacco-related disease associated with com- ‘‘(3) the formulation of the product; is reasonably likely in subsequent studies. mercially marketed tobacco products. ‘‘(4) sample product labels and labeling; ‘‘(B) ADDITIONAL FINDINGS REQUIRED.—To ‘‘(2) SOLD OR DISTRIBUTED.— ‘‘(5) all documents (including underlying issue an order under subparagraph (A) the ‘‘(A) IN GENERAL.—With respect to a to- scientific information) relating to research Secretary must also find that the applicant bacco product, the term ‘sold or distributed findings conducted, supported, or possessed has demonstrated that— for use to reduce harm or the risk of toby the tobacco product manufacturer relat- ‘‘(i) the magnitude of the overall reduc- bacco-related disease associated with coming to the effect of the product on tobacco- tions in exposure to the substance or sub- mercially marketed tobacco products’ means related diseases and health-related condi- stances which are the subject of the applica- a tobacco product— tions, including information both favorable tion is substantial, such substance or sub- ‘‘(i) the label, labeling, or advertising of and unfavorable to the ability of the product stances are harmful, and the product as ac- which represents explicitly or implicitly to reduce risk or exposure and relating to tually used exposes consumers to the speci- that— human health; fied reduced level of the substance or sub- ‘‘(I) the tobacco product presents a lower ‘‘(6) data and information on how con- stances; risk of tobacco-related disease or is less sumers actually use the tobacco product; and ‘‘(ii) the product as actually used by con- harmful than one or more other commer- ‘‘(7) such other information as the Sec- sumers will not expose them to higher levels cially marketed tobacco products; retary may require. of other harmful substances compared to the

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.062 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4329 similar types of tobacco products then on health and in relation to all of the diseases required under subsection (g), or the Sec- the market unless such increases are mini- and health-related conditions associated retary can no longer make the determina- mal and the reasonably likely overall impact with the use of tobacco products. tions required under subsection (g); of use of the product remains a substantial ‘‘(2) COMPARATIVE CLAIMS.— ‘‘(2) the application failed to include mate- and measurable reduction in overall mor- ‘‘(A) IN GENERAL.—The Secretary may re- rial information or included any untrue bidity and mortality among individual to- quire for the marketing of a product under statement of material fact; bacco users; this subsection that a claim comparing a to- ‘‘(3) any explicit or implicit representation ‘‘(iii) testing of actual consumer percep- bacco product to 1 or more other commer- that the product reduces risk or exposure is tion shows that, as the applicant proposes to cially marketed tobacco products shall com- no longer valid, including if— label and market the product, consumers pare the tobacco product to a commercially ‘‘(A) a tobacco product standard is estab- will not be misled into believing that the marketed tobacco product that is represent- lished pursuant to section 907; product— ative of that type of tobacco product on the ‘‘(B) an action is taken that affects the ‘‘(I) is or has been demonstrated to be less market (for example the average value of the risks presented by other commercially mar- harmful; or top 3 brands of an established regular to- keted tobacco products that were compared ‘‘(II) presents or has been demonstrated to bacco product). to the product that is the subject of the ap- present less of a risk of disease than 1 or ‘‘(B) QUANTITATIVE COMPARISONS.—The Sec- plication; or more other commercially marketed tobacco retary may also require, for purposes of sub- ‘‘(C) any postmarket surveillance or stud- products; and paragraph (A), that the percent (or fraction) ies reveal that the order is no longer con- ‘‘(iv) issuance of an order with respect to of change and identity of the reference to- sistent with the protection of the public the application is expected to benefit the bacco product and a quantitative comparison health; health of the population as a whole taking of the amount of the substance claimed to be ‘‘(4) the applicant failed to conduct or sub- into account both users of tobacco products reduced shall be stated in immediate prox- mit the postmarket surveillance and studies and persons who do not currently use to- imity to the most prominent claim. required under subsection (g)(2)(C)(ii) or sub- bacco products. ‘‘(3) LABEL DISCLOSURE.— section (i); or ‘‘(C) CONDITIONS OF MARKETING.— ‘‘(A) IN GENERAL.—The Secretary may re- ‘‘(5) the applicant failed to meet a condi- ‘‘(i) IN GENERAL.—Applications subject to quire the disclosure on the label of other tion imposed under subsection (h). an order under this paragraph shall be lim- substances in the tobacco product, or sub- ‘‘(k) CHAPTER IV OR V.—A product for ited to a term of not more than 5 years, but stances that may be produced by the con- which the Secretary has issued an order pur- may be renewed upon a finding by the Sec- sumption of that tobacco product, that may suant to subsection (g) shall not be subject retary that the requirements of this para- affect a disease or health-related condition to chapter IV or V. graph continue to be satisfied based on the or may increase the risk of other diseases or filing of a new application. health-related conditions associated with ‘‘(l) IMPLEMENTING REGULATIONS OR GUID- ‘‘(ii) AGREEMENTS BY APPLICANT.—An order the use of tobacco products. ANCE.— under this paragraph shall be conditioned on ‘‘(B) CONDITIONS OF USE.—If the conditions ‘‘(1) SCIENTIFIC EVIDENCE.—Not later than 2 the applicant’s agreement to conduct of use of the tobacco product may affect the years after the date of enactment of the postmarket surveillance and studies and to risk of the product to human health, the Family Smoking Prevention and Tobacco submit to the Secretary the results of such Secretary may require the labeling of condi- Control Act, the Secretary shall issue regu- surveillance and studies to determine the tions of use. lations or guidance (or any combination impact of the order on consumer perception, ‘‘(4) TIME.—An order issued under sub- thereof) on the scientific evidence required behavior, and health and to enable the Sec- section (g)(1) shall be effective for a specified for assessment and ongoing review of modi- retary to review the accuracy of the deter- period of time. fied risk tobacco products. Such regulations minations upon which the order was based in ‘‘(5) ADVERTISING.—The Secretary may re- or guidance shall— accordance with a protocol approved by the quire, with respect to a product for which an ‘‘(A) to the extent that adequate scientific Secretary. applicant obtained an order under subsection evidence exists, establish minimum stand- ‘‘(iii) ANNUAL SUBMISSION.—The results of (g)(1), that the product comply with require- ards for scientific studies needed prior to such postmarket surveillance and studies de- ments relating to advertising and promotion issuing an order under subsection (g) to show scribed in clause (ii) shall be submitted an- of the tobacco product. that a substantial reduction in morbidity or nually. ‘‘(i) POSTMARKET SURVEILLANCE AND STUD- mortality among individual tobacco users ‘‘(3) BASIS.—The determinations under IES.— occurs for products described in subsection paragraphs (1) and (2) shall be based on— ‘‘(1) IN GENERAL.—The Secretary shall re- (g)(1) or is reasonably likely for products de- ‘‘(A) the scientific evidence submitted by quire, with respect to a product for which an scribed in subsection (g)(2); the applicant; and applicant obtained an order under subsection ‘‘(B) include validated biomarkers, inter- ‘‘(B) scientific evidence and other informa- (g)(1), that the applicant conduct postmarket mediate clinical endpoints, and other fea- tion that is made available to the Secretary. surveillance and studies for such a tobacco sible outcome measures, as appropriate; ‘‘(4) BENEFIT TO HEALTH OF INDIVIDUALS AND product to determine the impact of the order ‘‘(C) establish minimum standards for OF POPULATION AS A WHOLE.—In making the issuance on consumer perception, behavior, postmarket studies, that shall include reg- determinations under paragraphs (1) and (2), and health, to enable the Secretary to review ular and long-term assessments of health the Secretary shall take into account— the accuracy of the determinations upon outcomes and mortality, intermediate clin- ‘‘(A) the relative health risks to individ- which the order was based, and to provide in- ical endpoints, consumer perception of harm uals of the tobacco product that is the sub- formation that the Secretary determines is reduction, and the impact on quitting behav- ject of the application; otherwise necessary regarding the use or ior and new use of tobacco products, as ap- ‘‘(B) the increased or decreased likelihood health risks involving the tobacco product. propriate; that existing users of tobacco products who The results of postmarket surveillance and ‘‘(D) establish minimum standards for re- would otherwise stop using such products studies shall be submitted to the Secretary quired postmarket surveillance, including will switch to the tobacco product that is on an annual basis. ongoing assessments of consumer perception; the subject of the application; ‘‘(2) SURVEILLANCE PROTOCOL.—Each appli- ‘‘(E) require that data from the required ‘‘(C) the increased or decreased likelihood cant required to conduct a surveillance of a studies and surveillance be made available to that persons who do not use tobacco prod- tobacco product under paragraph (1) shall, the Secretary prior to the decision on re- ucts will start using the tobacco product within 30 days after receiving notice that the newal of a modified risk tobacco product; that is the subject of the application; applicant is required to conduct such surveil- and ‘‘(D) the risks and benefits to persons from lance, submit, for the approval of the Sec- ‘‘(F) establish a reasonable timetable for the use of the tobacco product that is the retary, a protocol for the required surveil- the Secretary to review an application under subject of the application as compared to the lance. The Secretary, within 60 days of the this section. use of products for smoking cessation ap- receipt of such protocol, shall determine if ‘‘(2) CONSULTATION.—The regulations or proved under chapter V to treat nicotine de- the principal investigator proposed to be guidance issued under paragraph (1) shall be pendence; and used in the surveillance has sufficient quali- developed in consultation with the Institute ‘‘(E) comments, data, and information sub- fications and experience to conduct such sur- of Medicine, and with the input of other ap- mitted by interested persons. veillance and if such protocol will result in propriate scientific and medical experts, on ‘‘(h) ADDITIONAL CONDITIONS FOR MAR- collection of the data or other information the design and conduct of such studies and KETING.— designated by the Secretary as necessary to surveillance. ‘‘(1) MODIFIED RISK PRODUCTS.—The Sec- protect the public health. ‘‘(3) REVISION.—The regulations or guid- retary shall require for the marketing of a ‘‘(j) WITHDRAWAL OF AUTHORIZATION.—The ance under paragraph (1) shall be revised on product under this section that any adver- Secretary, after an opportunity for an infor- a regular basis as new scientific information tising or labeling concerning modified risk mal hearing, shall withdraw an order under becomes available. products enable the public to comprehend subsection (g) if the Secretary determines ‘‘(4) NEW TOBACCO PRODUCTS.—Not later the information concerning modified risk that— than 2 years after the date of enactment of and to understand the relative significance ‘‘(1) the applicant, based on new informa- the Family Smoking Prevention and To- of such information in the context of total tion, can no longer make the demonstrations bacco Control Act, the Secretary shall issue

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a regulation or guidance that permits the fil- ‘‘(e) REGULATIONS AND ORDERS MUST RE- ‘‘(c) AUTHORITY.—The Secretary shall have ing of a single application for any tobacco CITE BASIS IN RECORD.—To facilitate judicial the authority under this chapter to conduct product that is a new tobacco product under review, a regulation or order issued under or to require the testing, reporting, or dis- section 910 and which the applicant seeks to section 906, 907, 908, 909, 910, or 916 shall con- closure of tobacco product constituents, in- commercially market under this section. tain a statement of the reasons for the cluding smoke constituents. ‘‘(m) DISTRIBUTORS.—Except as provided in issuance of such regulation or order in the ‘‘(d) SMALL TOBACCO PRODUCT MANUFAC- this section, no distributor may take any ac- record of the proceedings held in connection TURERS.— tion, after the date of enactment of the Fam- with its issuance. ‘‘(1) FIRST COMPLIANCE DATE.—The initial ily Smoking Prevention and Tobacco Con- ‘‘SEC. 913. EQUAL TREATMENT OF RETAIL OUT- regulations promulgated under subsection trol Act, with respect to a tobacco product LETS. (a) shall not impose requirements on small that would reasonably be expected to result ‘‘The Secretary shall issue regulations to tobacco product manufacturers before the in consumers believing that the tobacco require that retail establishments for which later of— product or its smoke may present a lower the predominant business is the sale of to- ‘‘(A) the end of the 2-year period following risk of disease or is less harmful than one or bacco products comply with any advertising the final promulgation of such regulations; more commercially marketed tobacco prod- restrictions applicable to retail establish- and ucts, or presents a reduced exposure to, or ments accessible to individuals under the ‘‘(B) the initial date set by the Secretary does not contain or is free of, a substance or age of 18. for compliance with such regulations by substances. ‘‘SEC. 914. JURISDICTION OF AND COORDINATION manufacturers that are not small tobacco WITH THE FEDERAL TRADE COMMIS- product manufacturers. ‘‘SEC. 912. JUDICIAL REVIEW. SION. ‘‘(2) TESTING AND REPORTING INITIAL COM- ‘‘(a) RIGHT TO REVIEW.— ‘‘(a) JURISDICTION.— PLIANCE PERIOD.— ‘‘(1) IN GENERAL.—Not later than 30 days ‘‘(1) IN GENERAL.—Except where expressly ‘‘(A) 4-YEAR PERIOD.—The initial regula- after— provided in this chapter, nothing in this tions promulgated under subsection (a) shall ‘‘(A) the promulgation of a regulation chapter shall be construed as limiting or di- give each small tobacco product manufac- under section 907 establishing, amending, or minishing the authority of the Federal Trade turer a 4-year period over which to conduct revoking a tobacco product standard; or Commission to enforce the laws under its ju- testing and reporting for all of its tobacco ‘‘(B) a denial of an application under sec- risdiction with respect to the advertising, products. Subject to paragraph (1), the end of tion 910(c), sale, or distribution of tobacco products. the first year of such 4-year period shall co- any person adversely affected by such regu- ‘‘(2) ENFORCEMENT.—Any advertising that incide with the initial date of compliance lation or denial may file a petition for judi- violates this chapter or a provision of the under this section set by the Secretary with cial review of such regulation or denial with regulations referred to in section 102 of the respect to manufacturers that are not small the United States Court of Appeals for the Family Smoking Prevention and Tobacco tobacco product manufacturers or the end of District of Columbia or for the circuit in Control Act, is an unfair or deceptive act or the 2-year period following the final promul- which such person resides or has their prin- practice under section 5(a) of the Federal gation of such regulations, as described in cipal place of business. Trade Commission Act and shall be consid- paragraph (1)(A). A small tobacco product ‘‘(2) REQUIREMENTS.— ered a violation of a rule promulgated under manufacturer shall be required— ‘‘(A) COPY OF PETITION.—A copy of the peti- section 18 of that Act. ‘‘(i) to conduct such testing and reporting tion filed under paragraph (1) shall be trans- ‘‘(b) COORDINATION.—With respect to the re- for 25 percent of its tobacco products during mitted by the clerk of the court involved to quirements of section 4 of the Federal Ciga- each year of such 4-year period; and the Secretary. rette Labeling and Advertising Act and sec- ‘‘(ii) to conduct such testing and reporting ‘‘(B) RECORD OF PROCEEDINGS.—On receipt tion 3 of the Comprehensive Smokeless To- for its largest-selling tobacco products (as of a petition under subparagraph (A), the bacco Health Education Act of 1986— determined by the Secretary) before its Secretary shall file in the court in which ‘‘(1) the Chairman of the Federal Trade other tobacco products, or in such other such petition was filed— Commission shall coordinate with the Sec- order of priority as determined by the Sec- ‘‘(i) the record of the proceedings on which retary concerning the enforcement of such retary. the regulation or order was based; and Act as such enforcement relates to unfair or ‘‘(B) CASE-BY-CASE DELAY.—Notwith- ‘‘(ii) a statement of the reasons for the deceptive acts or practices in the advertising standing subparagraph (A), the Secretary issuance of such a regulation or order. of cigarettes or smokeless tobacco; and may, on a case-by-case basis, delay the date ‘‘(C) DEFINITION OF RECORD.—In this sec- ‘‘(2) the Secretary shall consult with the by which an individual small tobacco prod- tion, the term ‘record’ means— Chairman of such Commission in revising uct manufacturer must conduct testing and ‘‘(i) all notices and other matter published the label statements and requirements under reporting for its tobacco products under this in the Federal Register with respect to the such sections. section based upon a showing of undue hard- regulation or order reviewed; ‘‘SEC. 915. REGULATION REQUIREMENT. ship to such manufacturer. Notwithstanding ‘‘(ii) all information submitted to the Sec- ‘‘(a) TESTING, REPORTING, AND DISCLO- the preceding sentence, the Secretary shall retary with respect to such regulation or SURE.—Not later than 36 months after the not extend the deadline for a small tobacco order; date of enactment of the Family Smoking product manufacturer to conduct testing and ‘‘(iii) proceedings of any panel or advisory Prevention and Tobacco Control Act, the reporting for all of its tobacco products be- committee with respect to such regulation Secretary shall promulgate regulations yond a total of 5 years after the initial date or order; under this Act that meet the requirements of of compliance under this section set by the ‘‘(iv) any hearing held with respect to such subsection (b). Secretary with respect to manufacturers regulation or order; and ‘‘(b) CONTENTS OF RULES.—The regulations that are not small tobacco product manufac- ‘‘(v) any other information identified by promulgated under subsection (a)— turers. the Secretary, in the administrative pro- ‘‘(1) shall require testing and reporting of ‘‘(3) SUBSEQUENT AND ADDITIONAL TESTING ceeding held with respect to such regulation tobacco product constituents, ingredients, AND REPORTING.—The regulations promul- or order, as being relevant to such regulation and additives, including smoke constituents, gated under subsection (a) shall provide that, or order. by brand and subbrand that the Secretary with respect to any subsequent or additional ‘‘(b) STANDARD OF REVIEW.—Upon the filing determines should be tested to protect the testing and reporting of tobacco products re- of the petition under subsection (a) for judi- public health, provided that, for purposes of quired under this section, such testing and cial review of a regulation or order, the the testing requirements of this paragraph, reporting by a small tobacco product manu- court shall have jurisdiction to review the tobacco products manufactured and sold by a facturer shall be conducted in accordance regulation or order in accordance with chap- single tobacco product manufacturer that with the timeframes described in paragraph ter 7 of title 5, United States Code, and to are identical in all respects except the la- (2)(A), except that, in the case of a new prod- grant appropriate relief, including interim bels, packaging design, logo, trade dress, uct, or if there has been a modification de- relief, as provided for in such chapter. A reg- trademark, brand name, or any combination scribed in section 910(a)(1)(B) of any product ulation or denial described in subsection (a) thereof, shall be considered as a single brand; of a small tobacco product manufacturer shall be reviewed in accordance with section and since the last testing and reporting required 706(2)(A) of title 5, United States Code. ‘‘(2) may require that tobacco product under this section, the Secretary shall re- ‘‘(c) FINALITY OF JUDGMENT.—The judg- manufacturers, packagers, or importers quire that any subsequent or additional test- ment of the court affirming or setting aside, make disclosures relating to the results of ing and reporting be conducted in accordance in whole or in part, any regulation or order the testing of tar and nicotine through labels with the same timeframe applicable to man- shall be final, subject to review by the Su- or advertising or other appropriate means, ufacturers that are not small tobacco prod- preme Court of the United States upon cer- and make disclosures regarding the results uct manufacturers. tiorari or certification, as provided in sec- of the testing of other constituents, includ- ‘‘(4) JOINT LABORATORY TESTING SERVICES.— tion 1254 of title 28, United States Code. ing smoke constituents, ingredients, or addi- The Secretary shall allow any 2 or more ‘‘(d) OTHER REMEDIES.—The remedies pro- tives, that the Secretary determines should small tobacco product manufacturers to join vided for in this section shall be in addition be disclosed to the public to protect the pub- together to purchase laboratory testing serv- to, and not in lieu of, any other remedies lic health and will not mislead consumers ices required by this section on a group basis provided by law. about the risk of tobacco-related disease. in order to ensure that such manufacturers

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.063 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4331 receive access to, and fair pricing of, such State or political subdivision of a State, or resentatives of different small business to- testing services. the government of an Indian tribe to enact, bacco manufacturers based on areas of exper- ‘‘(e) EXTENSIONS FOR LIMITED LABORATORY adopt, promulgate, and enforce any law, tise relevant to the topics being considered CAPACITY.— rule, regulation, or other measure with re- by the Advisory Committee; and ‘‘(1) IN GENERAL.—The regulations promul- spect to tobacco products that is in addition ‘‘(vi) 1 individual as a representative of the gated under subsection (a) shall provide that to, or more stringent than, requirements es- interests of the tobacco growers. a small tobacco product manufacturer shall tablished under this chapter, including a ‘‘(B) NONVOTING MEMBERS.—The members not be considered to be in violation of this law, rule, regulation, or other measure relat- of the committee appointed under clauses section before the deadline applicable under ing to or prohibiting the sale, distribution, (iv), (v), and (vi) of subparagraph (A) shall paragraphs (3) and (4), if— possession, exposure to, access to, adver- serve as consultants to those described in ‘‘(A) the tobacco products of such manufac- tising and promotion of, or use of tobacco clauses (i) through (iii) of subparagraph (A) turer are in compliance with all other re- products by individuals of any age, informa- and shall be nonvoting representatives. quirements of this chapter; and tion reporting to the State, or measures re- ‘‘(C) CONFLICTS OF INTEREST.—No members ‘‘(B) the conditions described in paragraph lating to fire safety standards for tobacco of the committee, other than members ap- (2) are met. products. No provision of this chapter shall pointed pursuant to clauses (iv), (v), and (vi) ‘‘(2) CONDITIONS.—Notwithstanding the re- limit or otherwise affect any State, Tribal, of subparagraph (A) shall, during the mem- quirements of this section, the Secretary or local taxation of tobacco products. ber’s tenure on the committee or for the 18- may delay the date by which a small tobacco ‘‘(2) PREEMPTION OF CERTAIN STATE AND month period prior to becoming such a mem- product manufacturer must be in compliance LOCAL REQUIREMENTS.— ber, receive any salary, grants, or other pay- with the testing and reporting required by ‘‘(A) IN GENERAL.—No State or political ments or support from any business that this section until such time as the testing is subdivision of a State may establish or con- manufactures, distributes, markets, or sells reported if, not later than 90 days before the tinue in effect with respect to a tobacco cigarettes or other tobacco products. deadline for reporting in accordance with product any requirement which is different ‘‘(2) LIMITATION.—The Secretary may not this section, a small tobacco product manu- from, or in addition to, any requirement appoint to the Advisory Committee any indi- facturer provides evidence to the Secretary under the provisions of this chapter relating vidual who is in the regular full-time employ demonstrating that— to tobacco product standards, premarket re- of the Food and Drug Administration or any ‘‘(A) the manufacturer has submitted the view, adulteration, misbranding, labeling, agency responsible for the enforcement of required products for testing to a laboratory registration, good manufacturing standards, this Act. The Secretary may appoint Federal and has done so sufficiently in advance of or modified risk tobacco products. officials as ex officio members. the deadline to create a reasonable expecta- ‘‘(B) EXCEPTION.—Subparagraph (A) does ‘‘(3) CHAIRPERSON.—The Secretary shall tion of completion by the deadline; not apply to requirements relating to the designate 1 of the members appointed under ‘‘(B) the products currently are awaiting sale, distribution, possession, information clauses (i), (ii), and (iii) of paragraph (1)(A) testing by the laboratory; and reporting to the State, exposure to, access to serve as chairperson. ‘‘(C) neither that laboratory nor any other to, the advertising and promotion of, or use laboratory is able to complete testing by the of, tobacco products by individuals of any ‘‘(c) DUTIES.—The Tobacco Products Sci- deadline at customary, nonexpedited testing age, or relating to fire safety standards for entific Advisory Committee shall provide ad- fees. tobacco products. Information disclosed to a vice, information, and recommendations to ‘‘(3) EXTENSION.—The Secretary, taking State under subparagraph (A) that is exempt the Secretary— into account the laboratory testing capacity from disclosure under section 552(b)(4) of ‘‘(1) as provided in this chapter; that is available to tobacco product manu- title 5, United States Code, shall be treated ‘‘(2) on the effects of the alteration of the facturers, shall review and verify the evi- as a trade secret and confidential informa- nicotine yields from tobacco products; dence submitted by a small tobacco product tion by the State. ‘‘(3) on whether there is a threshold level manufacturer in accordance with paragraph ‘‘(b) RULE OF CONSTRUCTION REGARDING below which nicotine yields do not produce (2). If the Secretary finds that the conditions PRODUCT LIABILITY.—No provision of this dependence on the tobacco product involved; described in such paragraph are met, the chapter relating to a tobacco product shall and Secretary shall notify the small tobacco be construed to modify or otherwise affect ‘‘(4) on its review of other safety, depend- product manufacturer that the manufacturer any action or the liability of any person ence, or health issues relating to tobacco shall not be considered to be in violation of under the product liability law of any State. products as requested by the Secretary. the testing and reporting requirements of ‘‘SEC. 917. TOBACCO PRODUCTS SCIENTIFIC AD- ‘‘(d) COMPENSATION; SUPPORT; FACA.— this section until the testing is reported or VISORY COMMITTEE. ‘‘(1) COMPENSATION AND TRAVEL.—Members until 1 year after the reporting deadline has ‘‘(a) ESTABLISHMENT.—Not later than 6 of the Advisory Committee who are not offi- passed, whichever occurs sooner. If, however, months after the date of enactment of the cers or employees of the United States, while the Secretary has not made a finding before Family Smoking Prevention and Tobacco attending conferences or meetings of the the reporting deadline, the manufacturer Control Act, the Secretary shall establish a committee or otherwise engaged in its busi- shall not be considered to be in violation of 12-member advisory committee, to be known ness, shall be entitled to receive compensa- as the Tobacco Products Scientific Advisory such requirements until the Secretary finds tion at rates to be fixed by the Secretary, Committee (in this section referred to as the that the conditions described in paragraph which may not exceed the daily equivalent of ‘Advisory Committee’). (2) have not been met, or until 1 year after the rate in effect under the Senior Executive ‘‘(b) MEMBERSHIP.— the reporting deadline, whichever occurs Schedule under section 5382 of title 5, United ‘‘(1) IN GENERAL.— sooner. States Code, for each day (including travel ‘‘(4) ADDITIONAL EXTENSION.—In addition to ‘‘(A) MEMBERS.—The Secretary shall appoint as members of the Tobacco Products time) they are so engaged; and while so serv- the time that may be provided under para- ing away from their homes or regular places graph (3), the Secretary may provide further Scientific Advisory Committee individuals who are technically qualified by training and of business each member may be allowed extensions of time, in increments of no more travel expenses, including per diem in lieu of than 1 year, for required testing and report- experience in medicine, medical ethics, science, or technology involving the manu- subsistence, as authorized by section 5703 of ing to occur if the Secretary determines, title 5, United States Code, for persons in the based on evidence properly and timely sub- facture, evaluation, or use of tobacco products, who are of appropriately diversified Government service employed intermit- mitted by a small tobacco product manufac- tently. turer in accordance with paragraph (2), that professional backgrounds. The committee shall be composed of— ‘‘(2) ADMINISTRATIVE SUPPORT.—The Sec- a lack of available laboratory capacity pre- retary shall furnish the Advisory Committee vents the manufacturer from completing the ‘‘(i) 7 individuals who are physicians, den- tists, scientists, or health care professionals clerical and other assistance. required testing during the period described ‘‘(3) NONAPPLICATION OF FACA.—Section 14 in paragraph (3). practicing in the area of oncology, pulmonology, cardiology, toxicology, phar- of the Federal Advisory Committee Act does ‘‘(f) RULE OF CONSTRUCTION.—Nothing in not apply to the Advisory Committee. subsection (d) or (e) shall be construed to au- macology, addiction, or any other relevant thorize the extension of any deadline, or to specialty; ‘‘(e) PROCEEDINGS OF ADVISORY PANELS AND otherwise affect any timeframe, under any ‘‘(ii) 1 individual who is an officer or em- COMMITTEES.—The Advisory Committee shall provision of this Act or the Family Smoking ployee of a State or local government or of make and maintain a transcript of any pro- Prevention and Tobacco Control Act other the Federal Government; ceeding of the panel or committee. Each than this section. ‘‘(iii) 1 individual as a representative of the such panel and committee shall delete from ‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL general public; any transcript made under this subsection AUTHORITY. ‘‘(iv) 1 individual as a representative of the information which is exempt from disclosure ‘‘(a) IN GENERAL.— interests of the tobacco manufacturing in- under section 552(b) of title 5, United States ‘‘(1) PRESERVATION.—Except as provided in dustry; Code. paragraph (2)(A), nothing in this chapter, or ‘‘(v) 1 individual as a representative of the rules promulgated under this chapter, shall interests of the small business tobacco man- ‘‘SEC. 918. DRUG PRODUCTS USED TO TREAT TO- BACCO DEPENDENCE. be construed to limit the authority of a Fed- ufacturing industry, which position may be eral agency (including the Armed Forces), a filled on a rotating, sequential basis by rep- ‘‘(a) IN GENERAL.—The Secretary shall—

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.063 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4332 CONGRESSIONAL RECORD — HOUSE April 1, 2009 ‘‘(1) at the request of the applicant, con- tobacco products shall be an amount that is sessment is made, and payments of all as- sider designating products for smoking ces- equal to the applicable percentage of each sessments shall be made by the last day of sation, including nicotine replacement prod- class for the fiscal year multiplied by the the quarter involved. ucts as fast track research and approval amount specified in paragraph (1) for the fis- ‘‘(7) MEMORANDUM OF UNDERSTANDING.— products within the meaning of section 506; cal year. ‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(2) consider approving the extended use of ‘‘(B) APPLICABLE PERCENTAGE.— quest the appropriate Federal agency to nicotine replacement products (such as nico- ‘‘(i) IN GENERAL.—For purposes of subpara- enter into a memorandum of understanding tine patches, nicotine gum, and nicotine loz- graph (A), the applicable percentage for a fis- that provides for the regular and timely enges) for the treatment of tobacco depend- cal year for each of the following classes of transfer from the head of such agency to the ence; and tobacco products shall be determined in ac- Secretary of the information described in ‘‘(3) review and consider the evidence for cordance with clause (ii): paragraphs (2)(B)(ii) and (4) and all necessary additional indications for nicotine replace- ‘‘(I) Cigarettes. information regarding all tobacco product ment products, such as for craving relief or ‘‘(II) Cigars, including small cigars and ci- manufacturers and importers required to pay relapse prevention. gars other than small cigars. user fees. The Secretary shall maintain all ‘‘(b) REPORT ON INNOVATIVE PRODUCTS.— ‘‘(III) Snuff. disclosure restrictions established by the ‘‘(1) IN GENERAL.—Not later than 3 years ‘‘(IV) Chewing tobacco. head of such agency regarding the informa- after the date of enactment of the Family ‘‘(V) Pipe tobacco. tion provided under the memorandum of un- Smoking Prevention and Tobacco Control ‘‘(VI) Roll-your-own tobacco. derstanding. Act, the Secretary, after consultation with ‘‘(ii) ALLOCATIONS.—The applicable per- ‘‘(B) ASSURANCES.—Beginning not later recognized scientific, medical, and public centage of each class of tobacco product de- than fiscal year 2015, and for each subsequent health experts (including both Federal agen- scribed in clause (i) for a fiscal year shall be fiscal year, the Secretary shall ensure that cies and nongovernmental entities, the Insti- the percentage determined under section the Food and Drug Administration is able to tute of Medicine of the National Academy of 625(c) of Public Law 108–357 for each such determine the applicable percentages de- Sciences, and the Society for Research on class of product for such fiscal year. scribed in paragraph (2) and the percentage Nicotine and Tobacco), shall submit to the ‘‘(iii) REQUIREMENT OF REGULATIONS.—Not- shares described in paragraph (4). The Sec- Congress a report that examines how best to withstanding clause (ii), no user fees shall be retary may carry out this subparagraph by regulate, promote, and encourage the devel- assessed on a class of tobacco products un- entering into a contract with the head of the opment of innovative products and treat- less such class of tobacco products is listed Federal agency referred to in subparagraph ments (including nicotine-based and non-nic- in section 901(b) or is deemed by the Sec- (A) to continue to provide the necessary in- otine-based products and treatments) to bet- retary in a regulation under section 901(b) to formation. ter achieve, in a manner that best protects be subject to this chapter. ‘‘(c) CREDITING AND AVAILABILITY OF and promotes the public health— ‘‘(iv) REALLOCATIONS.—In the case of a FEES.— ‘‘(A) total abstinence from tobacco use; class of tobacco products that is not listed in ‘‘(1) IN GENERAL.—Fees authorized under ‘‘(B) reductions in consumption of tobacco; section 901(b) or deemed by the Secretary in subsection (a) shall be collected and avail- and a regulation under section 901(b) to be sub- able for obligation only to the extent and in ject to this chapter, the amount of user fees ‘‘(C) reductions in the harm associated the amount provided in advance in appro- that would otherwise be assessed to such with continued tobacco use. priations Acts. Such fees are authorized to class of tobacco products shall be reallocated ‘‘(2) RECOMMENDATIONS.—The report under remain available until expended. Such sums to the classes of tobacco products that are paragraph (1) shall include the recommenda- as may be necessary may be transferred from subject to this chapter in the same manner tions of the Secretary on how the Food and the Food and Drug Administration salaries and based on the same relative percentages Drug Administration should coordinate and and expenses appropriation account without otherwise determined under clause (ii). facilitate the exchange of information on fiscal year limitation to such appropriation ‘‘(3) DETERMINATION OF USER FEE BY COM- such innovative products and treatments account for salaries and expenses with such PANY.— among relevant offices and centers within fiscal year limitation. ‘‘(A) IN GENERAL.—The total user fee to be ‘‘(2) AVAILABILITY.— the Administration and within the National paid by each manufacturer or importer of a Institutes of Health, the Centers for Disease ‘‘(A) IN GENERAL.—Fees appropriated under particular class of tobacco products shall be paragraph (3) are available only for the pur- Control and Prevention, and other relevant determined for each quarter by multi- agencies. pose of paying the costs of the activities of plying— the Food and Drug Administration related to ‘‘SEC. 919. USER FEES. ‘‘(i) such manufacturer’s or importer’s per- the regulation of tobacco products under this ‘‘(a) ESTABLISHMENT OF QUARTERLY FEE.— centage share as determined under para- chapter and the Family Smoking Prevention Beginning on the date of enactment of the graph (4); by and Tobacco Control Act. No fees collected Family Smoking Prevention and Tobacco ‘‘(ii) the portion of the user fee amount for under subsection (a) may be used for any Control Act, the Secretary shall in accord- the current quarter to be assessed on all other costs. ance with this section assess user fees on, manufacturers and importers of such class of ‘‘(B) PROHIBITION AGAINST USE OF OTHER and collect such fees from, each manufac- tobacco products as determined under para- FUNDS.— turer and importer of tobacco products sub- graph (2). ‘‘(i) IN GENERAL.—Except as provided in ject to this chapter. The fees shall be as- ‘‘(B) NO FEE IN EXCESS OF PERCENTAGE clause (ii), fees collected under subsection (a) sessed and collected with respect to each SHARE.—No manufacturer or importer of to- are the only funds authorized to be made quarter of each fiscal year, and the total bacco products shall be required to pay a available for the purpose described in sub- amount assessed and collected for a fiscal user fee in excess of the percentage share of paragraph (A). year shall be the amount specified in sub- such manufacturer or importer. ‘‘(ii) STARTUP COSTS.—Clause (i) does not section (b)(1) for such year, subject to sub- ‘‘(4) ALLOCATION OF ASSESSMENT WITHIN apply until the date on which the Secretary section (c). EACH CLASS OF TOBACCO PRODUCT.—The per- has collected fees under subsection (a) for 2 ‘‘(b) ASSESSMENT OF USER FEE.— centage share of each manufacturer or im- fiscal year quarters. Until such date, other ‘‘(1) AMOUNT OF ASSESSMENT.—The total porter of a particular class of tobacco prod- amounts available to the Food and Drug Ad- amount of user fees authorized to be assessed ucts of the total user fee to be paid by all ministration (excluding fees collected under and collected under subsection (a) for a fiscal manufacturers or importers of that class of subsection (a)) are authorized to be made year is the following, as applicable to the fis- tobacco products shall be the percentage de- available to pay the costs described in sub- cal year involved: termined for purposes of allocations under paragraph (A), provided that such amounts ‘‘(A) For fiscal year 2009, $85,000,000 (sub- subsections (e) through (h) of section 625 of are reimbursed through fees collected under ject to subsection (e)). Public Law 108–357. subsection (a). ‘‘(B) For fiscal year 2010, $235,000,000. ‘‘(5) ALLOCATION FOR CIGARS.—Notwith- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) For fiscal year 2011, $450,000,000. standing paragraph (4), if a user fee assess- For fiscal year 2009 and each subsequent fis- ‘‘(D) For fiscal year 2012, $477,000,000. ment is imposed on cigars, the percentage cal year, there is authorized to be appro- ‘‘(E) For fiscal year 2013, $505,000,000. share of each manufacturer or importer of ci- priated for fees under this section an amount ‘‘(F) For fiscal year 2014, $534,000,000. gars shall be based on the excise taxes paid equal to the amount specified in subsection ‘‘(G) For fiscal year 2015, $566,000,000. by such manufacturer or importer during the (b)(1) for the fiscal year. ‘‘(H) For fiscal year 2016, $599,000,000. prior fiscal year. ‘‘(d) COLLECTION OF UNPAID FEES.—In any ‘‘(I) For fiscal year 2017, $635,000,000. ‘‘(6) TIMING OF ASSESSMENT.—The Sec- case where the Secretary does not receive ‘‘(J) For fiscal year 2018, $672,000,000. retary shall notify each manufacturer and payment of a fee assessed under subsection ‘‘(K) For fiscal year 2019 and each subse- importer of tobacco products subject to this (a) within 30 days after it is due, such fee quent fiscal year, $712,000,000. section of the amount of the quarterly as- shall be treated as a claim of the United ‘‘(2) ALLOCATIONS OF ASSESSMENT BY CLASS sessment imposed on such manufacturer or States Government subject to subchapter II OF TOBACCO PRODUCTS.— importer under this subsection for each of chapter 37 of title 31, United States Code. ‘‘(A) IN GENERAL.—The total user fees as- quarter of each fiscal year. Such notifica- ‘‘(e) APPLICABILITY TO FISCAL YEAR 2009.— sessed and collected under subsection (a) tions shall occur not later than 30 days prior If the date of enactment of the Family each fiscal year with respect to each class of to the end of the quarter for which such as- Smoking Prevention and Tobacco Control

VerDate Nov 24 2008 05:14 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.063 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4333 Act occurs during fiscal year 2009, the fol- ‘‘(i) requires each person present to provide gate a proposed rule in accordance with lowing applies, subject to subsection (c): to a law enforcement officer (whether on or chapter 5 of title 5, United States Code. ‘‘(1) The Secretary shall determine the fees off duty) or to a security guard licensed by a (4) RULE OF CONSTRUCTION.—Except as pro- that would apply for a single quarter of such governmental entity government-issued vided in paragraph (3), nothing in this sec- fiscal year according to the application of identification showing a photograph and at tion shall be construed to limit the author- subsection (b) to the amount specified in least the minimum age established by appli- ity of the Secretary to amend, in accordance paragraph (1)(A) of such subsection (referred cable law for the purchase of smokeless to- with chapter 5 of title 5, United States Code, to in this subsection as the ‘quarterly fee bacco; the regulation promulgated pursuant to this amounts’). ‘‘(ii) does not sell, serve, or distribute alco- section, including the provisions of such reg- ‘‘(2) For the quarter in which such date of hol; ulation relating to distribution of free sam- enactment occurs, the amount of fees as- ‘‘(iii) is not located adjacent to or imme- ples. sessed shall be a pro rata amount, deter- diately across from (in any direction) a space (5) ENFORCEMENT OF RETAIL SALE PROVI- mined according to the number of days re- that is used primarily for youth-oriented SIONS.—The Secretary of Health and Human maining in the quarter (including such date marketing, promotional, or other activities; Services shall ensure that the provisions of of enactment) and according to the daily ‘‘(iv) is a temporary structure constructed, this Act, the amendments made by this Act, equivalent of the quarterly fee amounts. designated, and operated as a distinct en- and the implementing regulations (including Fees assessed under the preceding sentence closed area for the purpose of distributing such provisions, amendments, and regula- shall not be collected until the next quarter. free samples of smokeless tobacco in accord- tions relating to the retail sale of tobacco ‘‘(3) For the quarter following the quarter ance with this subparagraph; and products) are enforced with respect to the to which paragraph (2) applies, the full quar- ‘‘(v) is enclosed by a barrier that— United States and Indian tribes. terly fee amounts shall be assessed and col- ‘‘(I) is constructed of, or covered with, an (6) QUALIFIED ADULT-ONLY FACILITY.—A lected, in addition to collection of the pro opaque material (except for entrances and qualified adult-only facility (as such term is rata fees assessed under paragraph (2).’’. exits); defined in section 897.16(d) of the final rule SEC. 102. FINAL RULE. ‘‘(II) extends from no more than 12 inches published under paragraph (1)) that is also a (a) CIGARETTES AND SMOKELESS TOBACCO.— above the ground or floor (which area at the retailer and that commits a violation as a (1) IN GENERAL.—On the first day of publi- bottom of the barrier must be covered with retailer shall not be subject to the limita- cation of the Federal Register that is 180 material that restricts visibility but may tions in section 103(q) and shall be subject to days or more after the date of enactment of allow airflow) to at least 8 feet above the penalties applicable to a qualified adult-only this Act, the Secretary of Health and Human ground or floor (or to the ceiling); and facility. Services shall publish in the Federal Reg- ‘‘(III) prevents persons outside the quali- (7) CONGRESSIONAL REVIEW PROVISIONS.— ister a final rule regarding cigarettes and fied adult-only facility from seeing into the Section 801 of title 5, United States Code, smokeless tobacco, which— qualified adult-only facility, unless they shall not apply to the final rule published (A) is deemed to be issued under chapter 9 make unreasonable efforts to do so; and under paragraph (1). of the Federal Food, Drug, and Cosmetic Act, ‘‘(vi) does not display on its exterior— (b) LIMITATION ON ADVISORY OPINIONS.—As as added by section 101 of this Act; and ‘‘(I) any tobacco product advertising; of the date of enactment of this Act, the following documents issued by the Food and (B) shall be deemed to be in compliance ‘‘(II) a brand name other than in conjunc- Drug Administration shall not constitute ad- with all applicable provisions of chapter 5 of tion with words for an area or enclosure to visory opinions under section 10.85(d)(1) of title 5, United States Code, and all other pro- identify an adult-only facility; or title 21, Code of Federal Regulations, except visions of law relating to rulemaking proce- ‘‘(III) any combination of words that would as they apply to tobacco products, and shall dures. imply to a reasonable observer that the manufacturer, distributor, or retailer has a spon- not be cited by the Secretary of Health and (2) CONTENTS OF RULE.—Except as provided Human Services or the Food and Drug Ad- in this subsection, the final rule published sorship that would violate section 897.34(c). ‘‘(D) Distribution of samples of smokeless ministration as binding precedent: under paragraph (1), shall be identical in its (1) The preamble to the proposed rule in provisions to part 897 of the regulations pro- tobacco under this subparagraph permitted to be taken out of the qualified adult-only the document titled ‘‘Regulations Restrict- mulgated by the Secretary of Health and ing the Sale and Distribution of Cigarettes Human Services in the August 28, 1996, issue facility shall be limited to 1 package per adult consumer containing no more than 0.53 and Smokeless Tobacco Products to Protect of the Federal Register (61 Fed. Reg., 44615– Children and Adolescents’’ (60 Fed. Reg. 44618). Such rule shall— ounces (15 grams) of smokeless tobacco. If such package of smokeless tobacco contains 41314–41372 (August 11, 1995)). (A) provide for the designation of jurisdic- (2) The document titled ‘‘Nicotine in Ciga- tional authority that is in accordance with individual portions of smokeless tobacco, the individual portions of smokeless tobacco rettes and Smokeless Tobacco Products is a this subsection in accordance with this Act shall not exceed 8 individual portions and Drug and These Products Are Nicotine Deliv- and the amendments made by this Act; the collective weight of such individual por- ery Devices Under the Federal Food, Drug, (B) strike Subpart C—Labels and section tions shall not exceed 0.53 ounces (15 grams). and Cosmetic Act’’ (60 Fed. Reg. 41453–41787 897.32(c); Any manufacturer, distributor, or retailer (August 11, 1995)). (C) strike paragraphs (a), (b), and (i) of sec- who distributes or causes to be distributed (3) The preamble to the final rule in the tion 897.3 and insert definitions of the terms free samples also shall take reasonable steps document titled ‘‘Regulations Restricting ‘‘cigarette’’, ‘‘cigarette tobacco,’’, and to ensure that the above amounts are lim- the Sale and Distribution of Cigarettes and ‘‘smokeless tobacco’’ as defined in section ited to one such package per adult consumer Smokeless Tobacco to Protect Children and 900 of the Federal Food, Drug, and Cosmetic per day. Adolescents’’ (61 Fed. Reg. 44396–44615 (Au- Act; ‘‘(3) Notwithstanding subparagraph (2), no gust 28, 1996)). (D) insert ‘‘or roll-your-own paper’’ in sec- manufacturer, distributor, or retailer may (4) The document titled ‘‘Nicotine in Ciga- tion 897.34(a) after ‘‘other than cigarettes or distribute or cause to be distributed any free rettes and Smokeless Tobacco is a Drug and smokeless tobacco’’; samples of smokeless tobacco— These Products are Nicotine Delivery De- (E) become effective on the date that is 1 ‘‘(A) to a sports team or entertainment vices Under the Federal Food, Drug, and Cos- year after the date of enactment of this Act; group; or metic Act; Jurisdictional Determination’’ (61 and ‘‘(B) at any football, basketball, baseball, Fed. Reg. 44619–45318 (August 28, 1996)). (F) amend paragraph (d) of section 897.16 to soccer, or hockey event or any other sport- SEC. 103. CONFORMING AND OTHER AMEND- read as follows: ing or entertainment event determined by MENTS TO GENERAL PROVISIONS. ‘‘(d)(1) Except as provided in subparagraph the Secretary to be covered by this subpara- (a) AMENDMENT OF FEDERAL FOOD, DRUG, (2), no manufacturer, distributor, or retailer graph. AND COSMETIC ACT.—Except as otherwise ex- may distribute or cause to be distributed any ‘‘(4) The Secretary shall implement a pro- pressly provided, whenever in this section an free samples of cigarettes, smokeless to- gram to ensure compliance with this para- amendment is expressed in terms of an bacco, or other tobacco products (as such graph and submit a report to the Congress on amendment to, or repeal of, a section or term is defined in section 201 of the Federal such compliance not later than 18 months other provision, the reference is to a section Food, Drug, and Cosmetic Act). after the date of enactment of the Family or other provision of the Federal Food, Drug, ‘‘(2)(A) Subparagraph (1) does not prohibit Smoking Prevention and Tobacco Control and Cosmetic Act (21 U.S.C. 301 et seq.). a manufacturer, distributor, or retailer from Act. (b) SECTION 301.—Section 301 (21 U.S.C. 331) distributing or causing to be distributed free ‘‘(5) Nothing in this paragraph shall be is amended— samples of smokeless tobacco in a qualified construed to authorize any person to dis- (1) in subsection (a), by inserting ‘‘tobacco adult-only facility. tribute or cause to be distributed any sample product,’’ after ‘‘device,’’; ‘‘(B) This subparagraph does not affect the of a tobacco product to any individual who (2) in subsection (b), by inserting ‘‘tobacco authority of a State or local government to has not attained the minimum age estab- product,’’ after ‘‘device,’’; prohibit or otherwise restrict the distribu- lished by applicable law for the purchase of (3) in subsection (c), by inserting ‘‘tobacco tion of free samples of smokeless tobacco. such product.’’. product,’’ after ‘‘device,’’; ‘‘(C) For purposes of this paragraph, the (3) AMENDMENTS TO RULE.—Prior to making (4) in subsection (e)— term ‘qualified adult-only facility’ means a amendments to the rule published under (A) by striking the period after ‘‘572(i)’’; facility or restricted area that— paragraph (1), the Secretary shall promul- and

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.063 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4334 CONGRESSIONAL RECORD — HOUSE April 1, 2009 (B) by striking ‘‘or 761 or the refusal to dorsed for use by the Food and Drug Admin- ‘‘(B)(i) For a tobacco product, to the extent permit access to’’ and inserting ‘‘761, 909, or istration or in consumers being misled about feasible, the Secretary shall contract with 920 or the refusal to permit access to’’; the harmfulness of the product because of the States in accordance with this paragraph (5) in subsection (g), by inserting ‘‘tobacco such regulation, inspection, or compliance.’’. to carry out inspections of retailers within product,’’ after ‘‘device,’’; (c) SECTION 303.—Section 303(f) (21 U.S.C. that State in connection with the enforce- (6) in subsection (h), by inserting ‘‘tobacco 333(f)) is amended— ment of this Act. product,’’ after ‘‘device,’’; (1) in paragraph (1)(A), by inserting ‘‘or to- ‘‘(ii) The Secretary shall not enter into (7) in subsection (j)— bacco products’’ after the term ‘‘devices’’ any contract under clause (i) with the gov- (A) by striking the period after ‘‘573’’; and each place such term appears; ernment of any of the several States to exer- (B) by striking ‘‘708, or 721’’ and inserting (2) in paragraph (5)— cise enforcement authority under this Act on ‘‘708, 721, 904, 905, 906, 907, 908, 909, or 920(b)’’; (A) in subparagraph (A)— Indian country without the express written (8) in subsection (k), by inserting ‘‘tobacco (i) by striking ‘‘assessed’’ the first time it consent of the Indian tribe involved.’’. product,’’ after ‘‘device,’’; appears and inserting ‘‘assessed, or a no-to- (h) SECTION 703.—Section 703 (21 U.S.C. 373) (9) by striking subsection (p) and inserting bacco-sale order may be imposed,’’; and is amended— the following: (ii) by striking ‘‘penalty’’ the second time (1) by inserting ‘‘tobacco product,’’ after ‘‘(p) The failure to register in accordance it appears and inserting ‘‘penalty, or upon the term ‘‘device,’’ each place such term ap- with section 510 or 905, the failure to provide whom a no-tobacco-sale order is to be im- pears; and any information required by section 510(j), posed,’’; (2) by inserting ‘‘tobacco products,’’ after 510(k), 905(i), or 905(j), or the failure to pro- (B) in subparagraph (B)— the term ‘‘devices,’’ each place such term ap- vide a notice required by section 510(j)(2) or (i) by inserting after ‘‘penalty,’’ the fol- pears. 905(i)(3).’’; lowing: ‘‘or the period to be covered by a no- (i) SECTION 704.—Section 704 (21 U.S.C. 374) (10) by striking subsection (q)(1) and in- tobacco-sale order,’’; and is amended— serting the following: (ii) by adding at the end the following: ‘‘A (1) in subsection (a)(1)— ‘‘(q)(1) The failure or refusal— no-tobacco-sale order permanently prohib- (A) by striking ‘‘devices, or cosmetics’’ ‘‘(A) to comply with any requirement pre- iting an individual retail outlet from selling each place it appears and inserting ‘‘devices, scribed under section 518, 520(g), 903(b), 907, tobacco products shall include provisions tobacco products, or cosmetics’’; (B) by striking ‘‘or restricted devices’’ each 908, or 916; that allow the outlet, after a specified period place it appears and inserting ‘‘restricted de- ‘‘(B) to furnish any notification or other of time, to request that the Secretary com- vices, or tobacco products’’; material or information required by or under promise, modify, or terminate the order.’’; (C) by striking ‘‘and devices and subject section 519, 520(g), 904, 909, or 920; or and to’’ and all that follows through ‘‘other ‘‘(C) to comply with a requirement under (C) by adding at the end the following: drugs or devices’’ and inserting ‘‘devices, and section 522 or 913.’’; ‘‘(D) The Secretary may compromise, mod- tobacco products and subject to reporting (11) in subsection (q)(2), by striking ‘‘de- ify, or terminate, with or without condi- and inspection under regulations lawfully vice,’’ and inserting ‘‘device or tobacco prod- tions, any no-tobacco-sale order.’’; issued pursuant to section 505(i) or (k), sec- uct,’’; (3) in paragraph (6)— tion 519, section 520(g), or chapter IX and (12) in subsection (r), by inserting ‘‘or to- (A) by inserting ‘‘or the imposition of a no- data relating to other drugs, devices, or tobacco product’’ after the term ‘‘device’’ each tobacco-sale order’’ after the term ‘‘penalty’’ bacco products’’; time that such term appears; and each place such term appears; and (2) in subsection (b), by inserting ‘‘tobacco (13) by adding at the end the following: (B) by striking ‘‘issued.’’ and inserting product,’’ after ‘‘device,’’; and ‘‘(oo) The sale of tobacco products in viola- ‘‘issued, or on which the no-tobacco-sale (3) in subsection (g)(13), by striking ‘‘section of a no-tobacco-sale order issued under order was imposed, as the case may be.’’; and tion 903(g)’’ and inserting ‘‘section 1003(g)’’. section 303(f). (4) by adding at the end the following: (j) SECTION 705.—Section 705(b) (21 U.S.C. ‘‘(pp) The introduction or delivery for in- ‘‘(8) If the Secretary finds that a person 375(b)) is amended by inserting ‘‘tobacco troduction into interstate commerce of a to- has committed repeated violations of restric- products,’’ after ‘‘devices,’’. bacco product in violation of section 911. tions promulgated under section 906(d) at a (k) SECTION 709.—Section 709 (21 U.S.C. ‘‘(qq)(1) Forging, counterfeiting, simu- particular retail outlet then the Secretary 379a) is amended by inserting ‘‘tobacco prod- lating, or falsely representing, or without may impose a no-tobacco-sale order on that uct,’’ after ‘‘device,’’. proper authority using any mark, stamp (in- person prohibiting the sale of tobacco prod- (l) SECTION 801.—Section 801 (21 U.S.C. 381) cluding tax stamp), tag, label, or other iden- ucts in that outlet. A no-tobacco-sale order is amended— tification device upon any tobacco product may be imposed with a civil penalty under (1) in subsection (a)— or container or labeling thereof so as to paragraph (1). Prior to the entry of a no-sale (A) by inserting ‘‘tobacco products,’’ after render such tobacco product a counterfeit to- order under this paragraph, a person shall be the term ‘‘devices,’’ ; bacco product. entitled to a hearing pursuant to the proce- (B) by inserting ‘‘or section 905(h)’’ after ‘‘(2) Making, selling, disposing of, or keep- dures established through regulations of the ‘‘section 510’’; and ing in possession, control, or custody, or con- Food and Drug Administration for assessing (C) by striking the term ‘‘drugs or devices’’ cealing any punch, die, plate, stone, or other civil money penalties, including at a retail- each time such term appears and inserting item that is designed to print, imprint, or reer’s request a hearing by telephone, or at the ‘‘drugs, devices, or tobacco products’’; produce the trademark, trade name, or other nearest regional or field office of the Food (2) in subsection (e)(1)— identifying mark, imprint, or device of an- and Drug Administration, or at a Federal, (A) by inserting ‘‘tobacco product’’ after other or any likeness of any of the foregoing State, or county facility within 100 miles ‘‘drug, device,’’; and upon any tobacco product or container or la- from the location of the retail outlet, if such (B) by inserting ‘‘, and a tobacco product beling thereof so as to render such tobacco a facility is available.’’. intended for export shall not be deemed to be product a counterfeit tobacco product. (d) SECTION 304.—Section 304 (21 U.S.C. 334) in violation of section 906(e), 907, 911, or ‘‘(3) The doing of any act that causes a to- is amended— 920(a),’’ before ‘‘if it—’’; bacco product to be a counterfeit tobacco (1) in subsection (a)(2)— (3) by adding at the end the following: product, or the sale or dispensing, or the (A) by striking ‘‘and’’ before ‘‘(D)’’; and ‘‘(p)(1) Not later than 36 months after the holding for sale or dispensing, of a counter- (B) by striking ‘‘device.’’ and inserting the date of enactment of the Family Smoking feit tobacco product. following: ‘‘device, and (E) Any adulterated Prevention and Tobacco Control Act, and an- ‘‘(rr) The charitable distribution of tobacco or misbranded tobacco product.’’; nually thereafter, the Secretary shall submit products. (2) in subsection (d)(1), by inserting ‘‘to- to the Committee on Health, Education, ‘‘(ss) The failure of a manufacturer or dis- bacco product,’’ after ‘‘device,’’; Labor, and Pensions of the Senate and the tributor to notify the Attorney General and (3) in subsection (g)(1), by inserting ‘‘or to- Committee on Energy and Commerce of the the Secretary of the Treasury of their bacco product’’ after the term ‘‘device’’ each House of Representatives, a report regard- knowledge of tobacco products used in illicit place such term appears; and ing— trade. (4) in subsection (g)(2)(A), by inserting ‘‘or ‘‘(A) the nature, extent, and destination of ‘‘(tt) With respect to a tobacco product, tobacco product’’ after ‘‘device’’. United States tobacco product exports that any statement directed to consumers (e) SECTION 505.—Section 505(n)(2) (21 U.S.C. do not conform to tobacco product standards through the media or through the label, la- 355(n)(2)) is amended by striking ‘‘section established pursuant to this Act; beling, or advertising that would reasonably 904’’ and inserting ‘‘section 1004’’. ‘‘(B) the public health implications of such be expected to result in consumers believing (f) SECTION 523.—Section 523(b)(2)(D) (21 exports, including any evidence of a negative that the product is regulated, inspected or U.S.C. 360m(b)(2)(D)) is amended by striking public health impact; and approved by the Food and Drug Administra- ‘‘section 903(g)’’ and inserting ‘‘section ‘‘(C) recommendations or assessments of tion, or that the product complies with the 1003(g)’’. policy alternatives available to Congress and requirements of the Food and Drug Adminis- (g) SECTION 702.—Section 702(a)(1) (U.S.C. the executive branch to reduce any negative tration, including a statement or implica- 372(a)(1)) is amended— public health impact caused by such exports. tion in the label, labeling, or advertising of (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(2) The Secretary is authorized to estab- such product, and that could result in con- ‘‘(a)(1)(A)’’; and lish appropriate information disclosure re- sumers believing that the product is en- (2) by adding at the end the following: quirements to carry out this subsection.’’.

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(m) SECTION 1003.—Section 1003(d)(2)(C) (as tobacco products, including the steps listed SEC. 104. STUDY ON RAISING THE MINIMUM AGE redesignated by section 101(b)) is amended— in subparagraph (F). TO PURCHASE TOBACCO PRODUCTS. (1) by striking ‘‘and’’ after ‘‘cosmetics,’’; (2) PENALTIES FOR VIOLATIONS.— The Secretary of Health and Human Serv- and (A) IN GENERAL.—The amount of the civil ices shall— (2) inserting ‘‘, and tobacco products’’ after penalty to be applied for violations of re- (1) convene an expert panel to conduct a ‘‘devices’’. strictions promulgated under section 906(d), study on the public health implications of (n) SECTION 1009.—Section 1009(b) (as redes- as described in paragraph (1), shall be as fol- raising the minimum age to purchase to- ignated by section 101(b)) is amended by lows: bacco products; and striking ‘‘section 908’’ and inserting ‘‘section (i) With respect to a retailer with an ap- (2) not later than 5 years after the date of 1008’’. proved training program, the amount of the enactment of this Act, submit a report to the Congress on the results of such study. (o) SECTION 409 OF THE FEDERAL MEAT IN- civil penalty shall not exceed— SEC. 105. ENFORCEMENT ACTION PLAN FOR AD- SPECTION ACT.—Section 409(a) of the Federal (I) in the case of the first violation, $0.00 VERTISING AND PROMOTION RE- Meat Inspection Act (21 U.S.C. 679(a)) is together with the issuance of a warning letter to the retailer; STRICTIONS. amended by striking ‘‘section 902(b)’’ and in- (a) ACTION PLAN.— serting ‘‘section 1002(b)’’. (II) in the case of a second violation within a 12-month period, $250; (1) DEVELOPMENT.—Not later than 6 (p) RULE OF CONSTRUCTION.—Nothing in months after the date of enactment of this this section is intended or shall be construed (III) in the case of a third violation within a 24-month period, $500; Act, the Secretary of Health and Human to expand, contract, or otherwise modify or Services (in this section referred to as the amend the existing limitations on State gov- (IV) in the case of a fourth violation within a 24-month period, $2,000; ‘‘Secretary’’) shall develop and publish an ernment authority over tribal restricted fee action plan to enforce restrictions adopted or trust lands. (V) in the case of a fifth violation within a 36-month period, $5,000; and pursuant to section 906 of the Federal Food, (q) GUIDANCE AND EFFECTIVE DATES.— (VI) in the case of a sixth or subsequent Drug, and Cosmetic Act, as added by section (1) IN GENERAL.—The Secretary of Health violation within a 48-month period, $10,000 as 101(b) of this Act, or pursuant to section and Human Services shall issue guidance— determined by the Secretary on a case-by- 102(a) of this Act, on promotion and adver- (A) defining the term ‘‘repeated violation’’, case basis. tising of menthol and other cigarettes to as used in section 303(f)(8) of the Federal (ii) With respect to a retailer that does not youth. Food, Drug, and Cosmetic Act (21 U.S.C. have an approved training program, the (2) CONSULTATION.—The action plan re- 333(f)(8)) as amended by subsection (c), as in- amount of the civil penalty shall not ex- quired by paragraph (1) shall be developed in cluding at least 5 violations of particular re- ceed— consultation with public health organiza- quirements over a 36-month period at a par- (I) in the case of the first violation, $250; tions and other stakeholders with dem- ticular retail outlet that constitute a re- (II) in the case of a second violation within onstrated expertise and experience in serving peated violation and providing for civil pen- a 12-month period, $500; minority communities. alties in accordance with paragraph (2); (III) in the case of a third violation within (3) PRIORITY.—The action plan required by (B) providing for timely and effective no- a 24-month period, $1,000; paragraph (1) shall include provisions de- tice by certified or registered mail or per- (IV) in the case of a fourth violation within signed to ensure enforcement of the restric- sonal delivery to the retailer of each alleged a 24-month period, $2,000; tions described in paragraph (1) in minority violation at a particular retail outlet prior (V) in the case of a fifth violation within a communities. (b) STATE AND LOCAL ACTIVITIES.— to conducting a followup compliance check, 36-month period, $5,000; and (1) INFORMATION ON AUTHORITY.—Not later such notice to be sent to the location speci- (VI) in the case of a sixth or subsequent than 3 months after the date of enactment of fied on the retailer’s registration or to the violation within a 48-month period, $10,000 as this Act, the Secretary shall inform State, retailer’s registered agent if the retailer has determined by the Secretary on a case-by- provider such agent information to the Food case basis. local, and tribal governments of the authority provided to such entities under section and Drug Administration prior to the viola- (B) TRAINING PROGRAM.—For purposes of tion; subparagraph (A), the term ‘‘approved train- 5(c) of the Federal Cigarette Labeling and (C) providing for a hearing pursuant to the ing program’’ means a training program that Advertising Act, as added by section 203 of procedures established through regulations complies with standards developed by the this Act, or preserved by such entities under of the Food and Drug Administration for as- Food and Drug Administration for such pro- section 916 of the Federal Food, Drug, and sessing civil money penalties, including at a grams. Cosmetic Act, as added by section 101(b) of retailer’s request a hearing by telephone or (C) CONSIDERATION OF STATE PENALTIES.— this Act. at the nearest regional or field office of the The Secretary shall coordinate with the (2) COMMUNITY ASSISTANCE.—At the request Food and Drug Administration, and pro- States in enforcing the provisions of this Act of communities seeking assistance to pre- viding for an expedited procedure for the ad- and, for purposes of mitigating a civil pen- vent underage tobacco use, the Secretary ministrative appeal of an alleged violation; alty to be applied for a violation by a re- shall provide such assistance, including as- (D) providing that a person may not be tailer of any restriction promulgated under sistance with strategies to address the pre- charged with a violation at a particular re- section 906(d), shall consider the amount of vention of underage tobacco use in commu- tail outlet unless the Secretary has provided any penalties paid by the retailer to a State nities with a disproportionate use of menthol notice to the retailer of all previous viola- for the same violation. cigarettes by minors. tions at that outlet; (3) GENERAL EFFECTIVE DATE.—The amend- TITLE II—TOBACCO PRODUCT WARNINGS; (E) establishing that civil money penalties ments made by paragraphs (2), (3), and (4) of CONSTITUENT AND SMOKE CON- for multiple violations shall increase from subsection (c) shall take effect upon the STITUENT DISCLOSURE one violation to the next violation pursuant issuance of guidance described in paragraph SEC. 201. CIGARETTE LABEL AND ADVERTISING to paragraph (2) within the time periods pro- (1) of this subsection. WARNINGS. vided for in such paragraph; (4) SPECIAL EFFECTIVE DATE.—The amend- (a) AMENDMENT.—Section 4 of the Federal (F) providing that good faith reliance on ment made by subsection (c)(1) shall take ef- Cigarette Labeling and Advertising Act (15 the presentation of a false government- fect on the date of enactment of this Act. U.S.C. 1333) is amended to read as follows: issued photographic identification that con- (5) PACKAGE LABEL REQUIREMENTS.—The ‘‘SEC. 4. LABELING. tains a date of birth does not constitute a package label requirements of paragraphs ‘‘(a) LABEL REQUIREMENTS.— violation of any minimum age requirement (2), (3), and (4) of section 903(a) of the Federal ‘‘(1) IN GENERAL.—It shall be unlawful for for the sale of tobacco products if the re- Food, Drug, and Cosmetic Act (as amended any person to manufacture, package, sell, tailer has taken effective steps to prevent by this Act) shall take effect on the date offer to sell, distribute, or import for sale or such violations, including— that is 12 months after the date of enact- distribution within the United States any (i) adopting and enforcing a written policy ment of this Act. The effective date shall be cigarettes the package of which fails to bear, against sales to minors; with respect to the date of manufacture, pro- in accordance with the requirements of this (ii) informing its employees of all applica- vided that, in any case, beginning 30 days section, one of the following labels: ble laws; after such effective date, a manufacturer ‘‘WARNING: Cigarettes are addictive. (iii) establishing disciplinary sanctions for shall not introduce into the domestic com- ‘‘WARNING: Tobacco smoke can harm employee noncompliance; and merce of the United States any product, irre- your children. (iv) requiring its employees to verify age spective of the date of manufacture, that is ‘‘WARNING: Cigarettes cause fatal lung by way of photographic identification or not in conformance with section 903(a)(2), (3), disease. electronic scanning device; and and (4) and section 920(a) of the Federal ‘‘WARNING: Cigarettes cause cancer. (G) providing for the Secretary, in deter- Food, Drug, and Cosmetic Act. ‘‘WARNING: Cigarettes cause strokes and mining whether to impose a no-tobacco-sale (6) ADVERTISING REQUIREMENTS.—The ad- heart disease. order and in determining whether to com- vertising requirements of section 903(a)(8) of ‘‘WARNING: Smoking during pregnancy promise, modify, or terminate such an order, the Federal Food, Drug, and Cosmetic Act can harm your baby. to consider whether the retailer has taken (as amended by this Act) shall take effect on ‘‘WARNING: Smoking can kill you. effective steps to prevent violations of the the date that is 12 months after the date of ‘‘WARNING: Tobacco smoke causes fatal minimum age requirements for the sale of enactment of this Act. lung disease in nonsmokers.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.064 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4336 CONGRESSIONAL RECORD — HOUSE April 1, 2009 ‘‘WARNING: Quitting smoking now greatly a 28 centimeter by 3 column advertisement; to the date of manufacture, provided that, in reduces serious risks to your health. and 15-point type for a 20 centimeter by 2 any case, beginning 30 days after such effec- ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.—Each column advertisement. The label statements tive date, a manufacturer shall not introduce label statement required by paragraph (1) shall be in English, except that— into the domestic commerce of the United shall be located in the upper portion of the ‘‘(A) in the case of an advertisement that States any product, irrespective of the date front and rear panels of the package, directly appears in a newspaper, magazine, peri- of manufacture, that is not in conformance on the package underneath the cellophane or odical, or other publication that is not in with section 4 of the Federal Cigarette La- other clear wrapping. Each label statement English, the statements shall appear in the beling and Advertising Act (15 U.S.C. 1333), shall comprise at least the top 30 percent of predominant language of the publication; as amended by subsection (a). the front and rear panels of the package. The and SEC. 202. AUTHORITY TO REVISE CIGARETTE word ‘WARNING’ shall appear in capital let- ‘‘(B) in the case of any other advertisement WARNING LABEL STATEMENTS. ters and all text shall be in conspicuous and that is not in English, the statements shall (a) PREEMPTION.—Section 5(a) of the Fed- legible 17-point type, unless the text of the appear in the same language as that prin- eral Cigarette Labeling and Advertising Act label statement would occupy more than 70 cipally used in the advertisement. (15 U.S.C. 1334(a)) is amended by striking percent of such area, in which case the text ‘‘(3) MATCHBOOKS.—Notwithstanding para- ‘‘No’’ and inserting ‘‘Except to the extent may be in a smaller conspicuous and legible graph (2), for matchbooks (defined as con- the Secretary requires additional or dif- type size, provided that at least 60 percent of taining not more than 20 matches) custom- ferent statements on any cigarette package such area is occupied by required text. The arily given away with the purchase of toby a regulation, by an order, by a standard, text shall be black on a white background, or bacco products, each label statement re- by an authorization to market a product, or white on a black background, in a manner quired by subsection (a) may be printed on by a condition of marketing a product, pur- that contrasts, by typography, layout, or the inside cover of the matchbook. suant to the Family Smoking Prevention color, with all other printed material on the ‘‘(4) ADJUSTMENT BY SECRETARY.—The Sec- and Tobacco Control Act (and the amend- package, in an alternating fashion under the retary may, through a rulemaking under sec- ments made by that Act), or as required plan submitted under subsection (c). tion 553 of title 5, United States Code, adjust under section 903(a)(2) or section 920(a) of the ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- the format and type sizes for the label state- Federal Food, Drug, and Cosmetic Act, no’’. TION.—The provisions of this subsection do ments required by this section; the text, for- (b) CHANGE IN REQUIRED STATEMENTS.—Sec- not apply to a tobacco product manufacturer mat, and type sizes of any required tar, nico- tion 4 of the Federal Cigarette Labeling and or distributor of cigarettes which does not tine yield, or other constituent (including Advertising Act (15 U.S.C. 1333), as amended manufacture, package, or import cigarettes smoke constituent) disclosures; or the text, by section 201, is further amended by adding for sale or distribution within the United format, and type sizes for any other disclo- at the end the following: States. sures required under the Federal Food, Drug, ‘‘(d) CHANGE IN REQUIRED STATEMENTS.— ‘‘(4) APPLICABILITY TO RETAILERS.—A re- and Cosmetic Act. The text of any such label The Secretary may, by a rulemaking con- tailer of cigarettes shall not be in violation statements or disclosures shall be required ducted under section 553 of title 5, United of this subsection for packaging that— to appear only within the 20 percent area of States Code, adjust the format, type size, ‘‘(A) contains a warning label; cigarette advertisements provided by para- and text of any of the label requirements, re- ‘‘(B) is supplied to the retailer by a license- graph (2). The Secretary shall promulgate quire color graphics to accompany the text, or permit-holding tobacco product manufac- regulations which provide for adjustments in increase the required label area from 30 per- turer, importer, or distributor; and the format and type sizes of any text recent up to 50 percent of the front and rear ‘‘(C) is not altered by the retailer in a way quired to appear in such area to ensure that panels of the package, or establish the for- that is material to the requirements of this the total text required to appear by law will mat, type size, and text of any other disclo- subsection. fit within such area. sures required under the Federal Food, Drug, ‘‘(b) ADVERTISING REQUIREMENTS.— ‘‘(c) MARKETING REQUIREMENTS.— and Cosmetic Act, if the Secretary finds that ‘‘(1) IN GENERAL.—It shall be unlawful for ‘‘(1) RANDOM DISPLAY.—The label state- such a change would promote greater public any tobacco product manufacturer, im- ments specified in subsection (a)(1) shall be understanding of the risks associated with porter, distributor, or retailer of cigarettes randomly displayed in each 12-month period, the use of tobacco products.’’. to advertise or cause to be advertised within in as equal a number of times as is possible SEC. 203. STATE REGULATION OF CIGARETTE AD- the United States any cigarette unless its on each brand of the product and be ran- VERTISING AND PROMOTION. advertising bears, in accordance with the re- domly distributed in all areas of the United Section 5 of the Federal Cigarette Labeling quirements of this section, one of the labels States in which the product is marketed in and Advertising Act (15 U.S.C. 1334) is specified in subsection (a). accordance with a plan submitted by the to- amended by adding at the end the following: ‘‘(2) TYPOGRAPHY, ETC.—Each label state- bacco product manufacturer, importer, dis- ‘‘(c) EXCEPTION.—Notwithstanding sub- ment required by subsection (a) in cigarette tributor, or retailer and approved by the Sec- section (b), a State or locality may enact advertising shall comply with the standards retary. statutes and promulgate regulations, based set forth in this paragraph. For press and ‘‘(2) ROTATION.—The label statements spec- on smoking and health, that take effect after poster advertisements, each such statement ified in subsection (a)(1) shall be rotated the effective date of the Family Smoking and (where applicable) any required state- quarterly in alternating sequence in adver- Prevention and Tobacco Control Act, impos- ment relating to tar, nicotine, or other con- tisements for each brand of cigarettes in ac- ing specific bans or restrictions on the time, stituent (including a smoke constituent) cordance with a plan submitted by the to- place, and manner, but not content, of the yield shall comprise at least 20 percent of the bacco product manufacturer, importer, dis- advertising or promotion of any cigarettes.’’. area of the advertisement and shall appear in tributor, or retailer to, and approved by, the SEC. 204. SMOKELESS TOBACCO LABELS AND AD- a conspicuous and prominent format and lo- Secretary. VERTISING WARNINGS. cation at the top of each advertisement ‘‘(3) REVIEW.—The Secretary shall review (a) AMENDMENT.—Section 3 of the Com- within the trim area. The Secretary may re- each plan submitted under paragraph (2) and prehensive Smokeless Tobacco Health Edu- vise the required type sizes in such area in approve it if the plan— cation Act of 1986 (15 U.S.C. 4402) is amended such manner as the Secretary determines ap- ‘‘(A) will provide for the equal distribution to read as follows: propriate. The word ‘WARNING’ shall appear and display on packaging and the rotation ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. in capital letters, and each label statement required in advertising under this sub- ‘‘(a) GENERAL RULE.— shall appear in conspicuous and legible type. section; and ‘‘(1) It shall be unlawful for any person to The text of the label statement shall be ‘‘(B) assures that all of the labels required manufacture, package, sell, offer to sell, dis- black if the background is white and white if under this section will be displayed by the tribute, or import for sale or distribution the background is black, under the plan sub- tobacco product manufacturer, importer, within the United States any smokeless to- mitted under subsection (c). The label state- distributor, or retailer at the same time. bacco product unless the product package ments shall be enclosed by a rectangular bor- ‘‘(4) APPLICABILITY TO RETAILERS.—This bears, in accordance with the requirements der that is the same color as the letters of subsection and subsection (b) apply to a re- of this Act, one of the following labels: the statements and that is the width of the tailer only if that retailer is responsible for ‘‘WARNING: This product can cause mouth first downstroke of the capital ‘W’ of the or directs the label statements required cancer. word ‘WARNING’ in the label statements. under this section except that this paragraph ‘‘WARNING: This product can cause gum The text of such label statements shall be in shall not relieve a retailer of liability if the disease and tooth loss. a typeface pro rata to the following require- retailer displays, in a location open to the ‘‘WARNING: This product is not a safe al- ments: 45-point type for a whole-page public, an advertisement that does not con- ternative to cigarettes. broadsheet newspaper advertisement; 39- tain a warning label or has been altered by ‘‘WARNING: Smokeless tobacco is addict- point type for a half-page broadsheet news- the retailer in a way that is material to the ive. paper advertisement; 39-point type for a requirements of this subsection and sub- ‘‘(2) Each label statement required by para- whole-page tabloid newspaper advertise- section (b).’’. graph (1) shall be— ment; 27-point type for a half-page tabloid (b) EFFECTIVE DATE.—The amendment ‘‘(A) located on the 2 principal display pan- newspaper advertisement; 31.5-point type for made by subsection (a) shall take effect 12 els of the package, and each label statement a double page spread magazine or whole-page months after the date of enactment of this shall comprise at least 30 percent of each magazine advertisement; 22.5-point type for Act. Such effective date shall be with respect such display panel; and

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.064 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4337 ‘‘(B) in 17-point conspicuous and legible ‘‘(i) in the case of an advertisement that SEC. 205. AUTHORITY TO REVISE SMOKELESS TO- type and in black text on a white back- appears in a newspaper, magazine, peri- BACCO PRODUCT WARNING LABEL ground, or white text on a black background, odical, or other publication that is not in STATEMENTS. in a manner that contrasts by typography, English, the statements shall appear in the (a) IN GENERAL.—Section 3 of the Com- layout, or color, with all other printed mate- predominant language of the publication; prehensive Smokeless Tobacco Health Edu- rial on the package, in an alternating fash- and cation Act of 1986 (15 U.S.C. 4402), as amended by section 204, is further amended by add- ion under the plan submitted under sub- ‘‘(ii) in the case of any other advertisement ing at the end the following: section (b)(3), except that if the text of a that is not in English, the statements shall ‘‘(d) AUTHORITY TO REVISE WARNING LABEL label statement would occupy more than 70 appear in the same language as that prin- STATEMENTS.—The Secretary may, by a rule- percent of the area specified by subparagraph cipally used in the advertisement. making conducted under section 553 of title (A), such text may appear in a smaller type ‘‘(3)(A) The label statements specified in 5, United States Code, adjust the format, size, so long as at least 60 percent of such subsection (a)(1) shall be randomly displayed type size, and text of any of the label re- warning area is occupied by the label state- in each 12-month period, in as equal a num- quirements, require color graphics to accom- ment. ber of times as is possible on each brand of pany the text, increase the required label ‘‘(3) The label statements required by para- the product and be randomly distributed in area from 30 percent up to 50 percent of the graph (1) shall be introduced by each tobacco all areas of the United States in which the front and rear panels of the package, or es- product manufacturer, packager, importer, product is marketed in accordance with a tablish the format, type size, and text of any distributor, or retailer of smokeless tobacco plan submitted by the tobacco product man- other disclosures required under the Federal products concurrently into the distribution ufacturer, importer, distributor, or retailer Food, Drug, and Cosmetic Act, if the Sec- chain of such products. and approved by the Secretary. retary finds that such a change would pro- ‘‘(4) The provisions of this subsection do ‘‘(B) The label statements specified in sub- mote greater public understanding of the not apply to a tobacco product manufacturer section (a)(1) shall be rotated quarterly in al- risks associated with the use of smokeless or distributor of any smokeless tobacco ternating sequence in advertisements for tobacco products.’’. product that does not manufacture, package, each brand of smokeless tobacco product in (b) PREEMPTION.—Section 7(a) of the Com- or import smokeless tobacco products for accordance with a plan submitted by the to- prehensive Smokeless Tobacco Health Edu- sale or distribution within the United bacco product manufacturer, importer, dis- cation Act of 1986 (15 U.S.C. 4406(a)) is States. tributor, or retailer to, and approved by, the amended by striking ‘‘No’’ and inserting ‘‘(5) A retailer of smokeless tobacco prod- Secretary. ‘‘Except as provided in the Family Smoking ucts shall not be in violation of this sub- ‘‘(C) The Secretary shall review each plan Prevention and Tobacco Control Act (and section for packaging that— submitted under subparagraphs (A) and (B) the amendments made by that Act), no’’. ‘‘(A) contains a warning label; and approve it if the plan— SEC. 206. TAR, NICOTINE, AND OTHER SMOKE ‘‘(B) is supplied to the retailer by a license- ‘‘(i) will provide for the equal distribution CONSTITUENT DISCLOSURE TO THE or permit-holding tobacco product manufac- and display on packaging and the rotation PUBLIC. turer, importer, or distributor; and required in advertising under this sub- Section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333), as ‘‘(C) is not altered by the retailer in a way section; and amended by sections 201 and 202, is further that is material to the requirements of this ‘‘(ii) assures that all of the labels required amended by adding at the end the following: subsection. under this section will be displayed by the ‘‘(e) TAR, NICOTINE, AND OTHER SMOKE CON- tobacco product manufacturer, importer, ‘‘(b) REQUIRED LABELS.— STITUENT DISCLOSURE.— ‘‘(1) It shall be unlawful for any tobacco distributor, or retailer at the same time. ‘‘(1) IN GENERAL.—The Secretary shall, by a product manufacturer, packager, importer, ‘‘(D) This paragraph applies to a retailer rulemaking conducted under section 553 of distributor, or retailer of smokeless tobacco only if that retailer is responsible for or di- title 5, United States Code, determine (in the products to advertise or cause to be adver- rects the label statements under this sec- Secretary’s sole discretion) whether ciga- tised within the United States any smoke- tion, unless the retailer displays, in a loca- rette and other tobacco product manufactur- less tobacco product unless its advertising tion open to the public, an advertisement ers shall be required to include in the area of bears, in accordance with the requirements that does not contain a warning label or has each cigarette advertisement specified by of this section, one of the labels specified in been altered by the retailer in a way that is subsection (b) of this section, or on the pack- subsection (a). material to the requirements of this sub- age label, or both, the tar and nicotine yields ‘‘(2)(A) Each label statement required by section. of the advertised or packaged brand. Any subsection (a) in smokeless tobacco adver- ‘‘(4) The Secretary may, through a rule- such disclosure shall be in accordance with tising shall comply with the standards set making under section 553 of title 5, United the methodology established under such reg- forth in this paragraph. States Code, adjust the format and type sizes ulations, shall conform to the type size re- ‘‘(B) For press and poster advertisements, for the label statements required by this sec- quirements of subsection (b) of this section, each such statement and (where applicable) tion; the text, format, and type sizes of any and shall appear within the area specified in any required statement relating to tar, nico- required tar, nicotine yield, or other con- subsection (b) of this section. tine, or other constituent yield shall com- stituent disclosures; or the text, format, and ‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif- prise at least 20 percent of the area of the ad- type sizes for any other disclosures required ferences between the requirements estab- vertisement. under the Federal Food, Drug, and Cosmetic lished by the Secretary under paragraph (1) ‘‘(C) The word ‘WARNING’ shall appear in Act. The text of any such label statements and tar and nicotine yield reporting require- capital letters, and each label statement or disclosures shall be required to appear ments established by the Federal Trade Com- shall appear in conspicuous and legible type. only within the 20 percent area of advertise- mission shall be resolved by a memorandum ‘‘(D) The text of the label statement shall ments provided by paragraph (2). The Sec- of understanding between the Secretary and be black on a white background, or white on retary shall promulgate regulations which the Federal Trade Commission. a black background, in an alternating fash- provide for adjustments in the format and ‘‘(3) CIGARETTE AND OTHER TOBACCO PROD- ion under the plan submitted under para- type sizes of any text required to appear in UCT CONSTITUENTS.—In addition to the disclo- graph (3). such area to ensure that the total text re- sures required by paragraph (1), the Sec- ‘‘(E) The label statements shall be enclosed quired to appear by law will fit within such retary may, under a rulemaking conducted by a rectangular border that is the same area. under section 553 of title 5, United States color as the letters of the statements and ‘‘(c) TELEVISION AND RADIO ADVERTISING.— Code, prescribe disclosure requirements re- that is the width of the first downstroke of It is unlawful to advertise smokeless tobacco garding the level of any cigarette or other the capital ‘W’ of the word ‘WARNING’ in on any medium of electronic communica- tobacco product constituent including any the label statements. smoke constituent. Any such disclosure may tions subject to the jurisdiction of the Fed- ‘‘(F) The text of such label statements be required if the Secretary determines that eral Communications Commission.’’. shall be in a typeface pro rata to the fol- disclosure would be of benefit to the public lowing requirements: 45-point type for a (b) EFFECTIVE DATE.—The amendment health, or otherwise would increase con- whole-page broadsheet newspaper advertise- made by subsection (a) shall take effect 12 sumer awareness of the health consequences ment; 39-point type for a half-page months after the date of enactment of this of the use of tobacco products, except that broadsheet newspaper advertisement; 39- Act. Such effective date shall be with respect no such prescribed disclosure shall be re- point type for a whole-page tabloid news- to the date of manufacture, provided that, in quired on the face of any cigarette package paper advertisement; 27-point type for a half- any case, beginning 30 days after such effec- or advertisement. Nothing in this section page tabloid newspaper advertisement; 31.5- shall prohibit the Secretary from requiring tive date, a manufacturer shall not introduce point type for a double page spread magazine such prescribed disclosure through a ciga- into the domestic commerce of the United or whole-page magazine advertisement; 22.5- rette or other tobacco product package or point type for a 28 centimeter by 3 column States any product, irrespective of the date advertisement insert, or by any other means advertisement; and 15-point type for a 20 cen- of manufacture, that is not in conformance under the Federal Food, Drug, and Cosmetic timeter by 2 column advertisement. with section 3 of the Comprehensive Smoke- Act. ‘‘(G) The label statements shall be in less Tobacco Health Education Act of 1986 (15 ‘‘(4) RETAILERS.—This subsection applies to English, except that— U.S.C. 4402), as amended by subsection (a) a retailer only if that retailer is responsible

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.064 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4338 CONGRESSIONAL RECORD — HOUSE April 1, 2009 for or directs the label statements required edge which reasonably supports the conclu- minutes equally divided and controlled under this section.’’. sion that a tobacco product manufactured or by the proponent and an opponent. TITLE III—PREVENTION OF ILLICIT distributed by such manufacturer or dis- The gentleman from California (Mr. tributor that has left the control of such per- TRADE IN TOBACCO PRODUCTS WAXMAN) and the gentleman from Indi- SEC. 301. LABELING, RECORDKEEPING, RECORDS son may be or has been— ‘‘(A) imported, exported, distributed, or of- ana (Mr. BUYER) each will control 30 INSPECTION. minutes. Chapter IX of the Federal Food, Drug, and fered for sale in interstate commerce by a Cosmetic Act, as added by section 101, is fur- person without paying duties or taxes re- The Chair recognizes the gentleman ther amended by adding at the end the fol- quired by law; or from California. lowing: ‘‘(B) imported, exported, distributed, or di- Mr. WAXMAN. Mr. Speaker, I yield ‘‘SEC. 920. LABELING, RECORDKEEPING, verted for possible illicit marketing, myself such time as I may consume in RECORDS INSPECTION. the manufacturer or distributor shall debating this legislation. ‘‘(a) ORIGIN LABELING.— promptly notify the Attorney General and Mr. Speaker, and my colleagues, we ‘‘(1) REQUIREMENT.—Beginning 1 year after the Secretary of the Treasury of such knowl- have come to what I hope will be an the date of enactment of the Family Smok- edge. ing Prevention and Tobacco Control Act, the ‘‘(2) KNOWLEDGE DEFINED.—For purposes of historic occasion, and that is finally label, packaging, and shipping containers of this subsection, the term ‘knowledge’ as ap- doing something about the harm that tobacco products for introduction or delivery plied to a manufacturer or distributor tobacco does to thousands and thou- for introduction into interstate commerce in means— sands of Americans who die each year, the United States shall bear the statement ‘‘(A) the actual knowledge that the manu- and to stop the attempt to get our chil- ‘sale only allowed in the United States’. facturer or distributor had; or dren to smoke. But it has taken us far ‘‘(2) EFFECTIVE DATE.—The effective date ‘‘(B) the knowledge which a reasonable per- too long to get to this point. specified in paragraph (1) shall be with re- son would have had under like circumstances In 1994, the tobacco executives stood spect to the date of manufacture, provided or which would have been obtained upon the that, in any case, beginning 30 days after exercise of due care. up before my subcommittee, they such effective date, a manufacturer shall not ‘‘(e) CONSULTATION.—In carrying out this raised their hand, and they said they introduce into the domestic commerce of the section, the Secretary shall consult with the were going to tell the truth. They United States any product, irrespective of Attorney General of the United States and swore under oath, though, that nico- the date of manufacture, that is not in con- the Secretary of the Treasury, as appro- tine was not addictive. They also said formance with such paragraph. priate.’’. cigarettes were not harmful. They also ‘‘(b) REGULATIONS CONCERNING RECORD- SEC. 302. STUDY AND REPORT. said they didn’t manipulate nicotine. KEEPING FOR TRACKING AND TRACING.— (a) STUDY.—The Comptroller General of They also said that they would never ‘‘(1) IN GENERAL.—The Secretary shall pro- the United States shall conduct a study of mulgate regulations regarding the establish- cross-border trade in tobacco products to— target kids. And, it turned out, they ment and maintenance of records by any per- (1) collect data on cross-border trade in to- were not telling us the truth. son who manufactures, processes, transports, bacco products, including illicit trade and In 1996, the Food and Drug Adminis- distributes, receives, packages, holds, ex- trade of counterfeit tobacco products and tration tried to regulate tobacco prod- ports, or imports tobacco products. make recommendations on the monitoring of ucts, but the Supreme Court told them ‘‘(2) INSPECTION.—In promulgating the reg- such trade; that they needed Congress to give them ulations described in paragraph (1), the Sec- (2) collect data on cross-border advertising specific legal authority. Now, 13 years retary shall consider which records are need- (any advertising intended to be broadcast, later, here we are finally giving FDA ed for inspection to monitor the movement transmitted, or distributed from the United of tobacco products from the point of manu- States to another country) of tobacco prod- that authority to regulate the leading facture through distribution to retail outlets ucts and make recommendations on how to preventable cause of death in America. to assist in investigating potential illicit prevent or eliminate, and what technologies Every one of us has seen the dev- trade, smuggling, or counterfeiting of to- could help facilitate the elimination of, astating effects of tobacco through los- bacco products. cross-border advertising; and ing someone we love, watching others ‘‘(3) CODES.—The Secretary may require (3) collect data on the health effects (par- grow sick, or even feeling the grip of codes on the labels of tobacco products or ticularly with respect to individuals under 18 addiction firsthand. Worst of all is other designs or devices for the purpose of years of age) resulting from cross-border watching our children and grand- tracking or tracing the tobacco product trade in tobacco products, including the through the distribution system. health effects resulting from— children be targeted as the next wave ‘‘(4) SIZE OF BUSINESS.—The Secretary shall (A) the illicit trade of tobacco products of casualties. take into account the size of a business in and the trade of counterfeit tobacco prod- Regulating tobacco is the single most promulgating regulations under this section. ucts; and important thing we can do right now to ‘‘(5) RECORDKEEPING BY RETAILERS.—The (B) the differing tax rates applicable to to- curb this deadly toll, and FDA is the Secretary shall not require any retailer to bacco products. only agency with the right combina- maintain records relating to individual pur- (b) REPORT.—Not later than 18 months tion of scientific expertise, regulatory chasers of tobacco products for personal con- after the date of enactment of this Act, the sumption. Comptroller General of the United States experience, and public health mission ‘‘(c) RECORDS INSPECTION.—If the Secretary shall submit to the Committee on Health, to oversee these products effectively. has a reasonable belief that a tobacco prod- Education, Labor, and Pensions of the Sen- This legislation will direct the Food uct is part of an illicit trade or smuggling or ate and the Committee on Energy and Com- and Drug Administration to end the is a counterfeit product, each person who merce of the House of Representatives a re- marketing and sales of tobacco to kids; manufactures, processes, transports, distrib- port on the study described in subsection (a). to prevent manufacturers from calling utes, receives, holds, packages, exports, or (c) DEFINITION.—In this section: cigarettes ‘‘light’’ or ‘‘less dangerous’’ imports tobacco products shall, at the re- (1) The term ‘‘cross-border trade’’ means when in fact they are not; and to request of an officer or employee duly des- trade across a border of the United States, a ignated by the Secretary, permit such officer State or Territory, or Indian country. quire changes to what is in cigarettes, or employee, at reasonable times and within (2) The term ‘‘Indian country’’ has the like toxic ingredients such as form- reasonable limits and in a reasonable man- meaning given to such term in section 1151 of aldehyde, benzene, radioactive ele- ner, upon the presentation of appropriate title 18, United States Code. ments, and other deadly chemicals. credentials and a written notice to such per- (3) The terms ‘‘State’’ and ‘‘Territory’’ son, to have access to and copy all records have the meanings given to those terms in b 1930 (including financial records) relating to such section 201 of the Federal Food, Drug, and Some have objected that this bill is article that are needed to assist the Sec- Cosmetic Act (21 U.S.C. 321). retary in investigating potential illicit too big a challenge for an already over- trade, smuggling, or counterfeiting of to- The SPEAKER pro tempore. After 1 burdened FDA. But it is clear to me bacco products. The Secretary shall not au- hour of debate on the bill, as amended, that FDA’s recent struggles are pri- thorize an officer or employee of the govern- it shall be in order to consider the marily a result of years of chronic ment of any of the several States to exercise amendment in the nature of a sub- underfunding. This does not mean that authority under the preceding sentence on stitute printed in part B of the report, FDA, with strong and committed lead- Indian country without the express written if ordered by the gentleman from Indi- ership, cannot take on the critical role consent of the Indian tribe involved. UYER ‘‘(d) KNOWLEDGE OF ILLEGAL TRANS- ana (Mr. B ) or his designee, which of protecting the country against the ACTION.— shall be in order without intervention harms of tobacco. It simply means that ‘‘(1) NOTIFICATION.—If the manufacturer or of any point of order, shall be consid- when we give the agency this new re- distributor of a tobacco product has knowl- ered read, and shall be debatable for 30 sponsibility, we also must give it the

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.064 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4339 resources necessary to do the job and me a letter here in response to the sub- the number of teens who would initiate to do it well. stitute, H.R. 1261, I truly believe that tobacco use with no bill at all.’’ We have ensured that this will hap- had they not endorsed the Waxman bill You see, those of whom are sup- pen. The tobacco program will be fully 8 years ago that they would be endors- porting the substitute, we support funded through a new user fee paid for ing this bill. And the reason I say that, steps to require the States to use more by the industry. That money will go I just find it in my heart, they let me of their Master Settlement Agreement exclusively to the new tobacco center know in their bill dated to me by the funds to combat underage smoking and and will be enough for FDA to handle chairman and chief executive of Altria, promote smoking cessation while also this task well. Furthermore, by doing he says, ‘‘We specifically support H.R. strengthening the Synar amendment so, we will ensure that the new tobacco 1266 and supported its predecessor bills which prevents the underage pur- program will have no impact on other for more than 8 years.’’ That is the chasing of cigarettes. Unfortunately, missions at the Food And Drug Admin- Waxman bill. But he goes on further in H.R. 1256 does not contain these impor- istration. his letter, and he says, ‘‘Your letter tant public health provisions. In short, we have everything we need seeks our input on several aspects of With that, I reserve the balance of to take this historic step: A com- tobacco regulation. You recently intro- my time. prehensive and flexible set of new au- duced H.R. 1261, including harm reduc- Mr. WAXMAN. Mr. Speaker, I yield thorities and full, certain funding. All tion, product design standards and the to the gentleman from North Carolina we need now is the political will to do appropriate public health standard for (Mr. ETHERIDGE). the right thing. tobacco regulation. Before addressing Mr. ETHERIDGE. I thank the gen- The breadth of support for this bill, these topics more specifically,’’ and tleman. I would like to engage the from the AARP to the American Acad- they do that in the letter, he said, ‘‘I chairman in a colloquy to address the emy of Pediatrics, from the Southern want to commend your thoughtful issue of FDA and tobacco farmers. Baptist Convention to the Islamic So- leadership on the topic of comprehen- I represent one of the largest to- ciety of North America, shows just how sive tobacco regulation. Your focus on bacco-producing districts in the Na- critical this issue is to all Americans. H.R. 1261 on harm reduction strategies tion, so naturally I have a lot of farm- It is also supported by the American will, we believe, encourage further ers who are very concerned about how Lung Association, the American Heart meaningful conversation about how they might be affected by this legisla- Association and the American Cancer Federal regulators should exercise au- tion. Society, the groups that are best situ- thority over tobacco products. We espe- Mr. Chairman, my question to you is, ated to understand the damage caused cially appreciate the focus you are does this bill in any way authorize the by tobacco. bringing in the public policy debate in FDA to regulate tobacco farms? I also want to note that we have an important principle that regulation Mr. WAXMAN. I thank you for the worked hard to accommodate specific should ensure and certainly not dis- question, Mr. ETHERIDGE. This is an concerns that we have heard about this courage adult consumers access to ac- important question, especially for bill. In committee consideration of the curate, objective and non-misleading those who represent tobacco-growing bill last year, we made changes to en- information about the relative risks of districts. There has been some confu- sure fairness and flexibility for conven- all tobacco products. We have consist- sion about this point, so let me be ience stores, tobacco growers and small ently expressed our view that it would clear. It is not the intent of this bill to manufacturers, and we worked with be wrong for the Federal regulatory allow FDA on the farm. The bill gives the minority to incorporate their sug- framework to deny adult tobacco con- FDA the authority to regulate tobacco gestions. We also worked with mem- sumers access to information about po- products but not tobacco leaf. bers of the Congressional Black Caucus tential benefits to products that could Mr. ETHERIDGE. I thank you for to ensure that menthol cigarettes will ultimately reduce the harm caused by that. be an early focus of the agency’s atten- smoking.’’ And does the bill specifically state tion and the agency has the authority Now that is the harm-reduction that FDA’s regulatory authority would to deal with these and other products. strategy that we have incorporated in only apply to manufactured tobacco I want to thank my colleague, TODD this bipartisan bill. And so I wanted to products and not the traditional pro- PLATTS, for his strong leadership and bring that to everyone’s attention that duction and harvest methods on the dedication to working on this legisla- this harm-reduction strategy is ex- farm? tion, as well as JOHN DINGELL and tremely important. We should not have Mr. WAXMAN. The gentleman is cor- FRANK PALLONE for their diligent work this abstinence approach that is in the rect. in moving this bill forward over the Waxman bill. Now this was an ap- Mr. ETHERIDGE. I thank the chair- years. I also want to thank ED TOWNS, proach that was drafted many, many man. STEPHEN LYNCH and IKE SKELTON, all of years ago, and a lot of things have Mr. WAXMAN, I thank you for that, whom were critical in getting us to taken place since Mr. WAXMAN drafted and I thank you for the clarification this point. Each of these individuals this bill. And he is not taking these that this is a bill intended to protect has made this possible and produced a things into account. I respect the gen- our children and not to regulate to- great victory for all Americans, espe- tleman. I respect his efforts. I respect bacco farmers. Tobacco is a critical cially our children. his tenacity and his persistence. And crop in North Carolina’s economy and I urge the passage of this legislation. hopefully we will have a meeting of the has been for a long time. I look forward I reserve the balance of my time. minds one day, and we can incorporate to continuing to working with you to Mr. BUYER. I yield myself such time both of our dual-tracked efforts here to help North Carolina farmers preserve as I may consume. move people to stop smoking. their jobs and their livelihood. I would note that the gentleman read The supporters of the Waxman bill, Mr. WAXMAN. I reserve the balance a list of individuals that supports his as I noted from some of the speakers, of my time. bill. But what he left off the list and they claim that it is designed to pro- Mr. BUYER. I yield myself such time the prior speaker under the rule, the tect children from the dangers of as I may consume. gentleman from Colorado, was very smoking. But H.R. 1256 does not in- The gentleman just spoke about his critical of the tobacco companies. But clude any provision that actually pro- concern with regard to product stand- Altria supports the Waxman bill. Now tects minors from tobacco use. The ards. It is one of the chief concerns in what is interesting about this is I American Association of Public Health the Waxman bill. The provisions on would ask the gentleman from Colo- Physicians wrote on March 3, 2009, product standards allow the FDA to rado, he was so critical of tobacco, but ‘‘The current bill, the bill which is be- impose any requirements or prohibi- obviously he didn’t know that a to- fore us and being debated, referred to tions it sees fit, except that it may not bacco company was supporting the as the Waxman bill, H.R. 1256, in its ban the product or reduce nicotine de- Waxman bill. current form would ensure current lev- livery to zero. FDA need not consider I truly believe in my heart, since I els of tobacco-related deaths while the cost or feasibility of imposing a had written Altria, and they have sent doing nothing of significance to reduce standard. FDA does have to consider

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.149 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4340 CONGRESSIONAL RECORD — HOUSE April 1, 2009 the possibility of a black market, but The Court then noted that since the quest, and for the cooperative relationship can impose a standard even if it will Massachusetts statute was based on between our two committees. lead to the creation or expansion of a the FDA’s rule, the FDA rule would Sincerely, black market. That should concern ev- have similar constitutional problems. JOHN CONYERS, JR., Chairman. eryone with regard to illicit trade. As Justice Sandra Day O’Connor wrote The Waxman bill also prevents com- for the court, ‘‘The uniformly broad CONGRESS OF THE UNITED STATES, munication about significant dif- sweep of the geographical limitation COMMITTEE ON ENERGY AND COMMERCE, ferences among levels of risk presented demonstrates a lack of tailoring.’’ Washington, DC, March 25, 2009. by different types of tobacco products, Additionally, the proposed rule in Hon. JOHN CONYERS, and it clamps down on any effects to H.R. 1256 would require ads to use only Chairman, Committee on the Judiciary, develop and market modified-risk to- black text on a white background. The Washington, DC. DEAR CHAIRMAN CONYERS: Thank you for bacco products. Modified-risk tobacco U.S. Supreme Court found a similar products are defined as any existing or your letter regarding H.R. 1256, the ‘‘Family provision unconstitutional in Zauderer Smoking Prevention and Tobacco Control new product that bears a claim or v. Office of Disciplinary Counsel. In Act.’’ The letter noted that certain provi- where the manufacturer conveys to that case, dealing with advertising for sions of the bill are within the jurisdiction of consumers through media or otherwise legal services, the Court held that the the Committee on the Judiciary under rule X that: It presents a lower risk or is less use of colors and illustrations in ads is of the Rules of the House. harmful than other tobacco products; entitled to the same first amendment The Committee on Energy and Commerce has a reduced level of substance or re- recognizes the jurisdictional interest of the protections given verbal commercial Committee on the Judiciary in these provi- duced exposure to a substance; is free speech. of or does not contain a substance; or sions. We further appreciate your agreement Justice Byron White, in his opinion to forgo action on the bill, and I concur that uses the descriptor ‘‘light,’’ ‘‘mild’’ or for the Court, wrote that pictures and the agreement does not in any way prejudice ‘‘low’’ or a similar descriptor. illustrations in ads cannot be banned the Committee on the Judiciary with respect Approval of a modified-risk product ‘‘simply on the strength of the general to the appointment of conferees or its juris- requires under the Waxman bill that argument that the visual content of dictional prerogatives on this bill or similar the product will significantly reduce advertisements may, under some cir- legislation in the future. harm and the risk of disease to the in- I will include our letters in the Congres- cumstances, be deceptive or manipula- dividual users and that approval bene- sional Record during consideration of the tive.’’ fits the health of the population as a bill on the House floor. Again I appreciate So there are numerous speech re- whole. You see, this is a two-tier stand- your cooperation regarding this important strictions in this legislation that raise legislation. ard and is almost impossible or nearly serious first amendment concerns. This Sincerely, impossible to satisfy. So I completely will create a swarm of lawsuits that HENRY A. WAXMAN understand why the gentleman came to will only divert us from trying to de- I reserve the balance of my time. the floor concerned about product velop more effective approaches to to- Mr. BUYER. I would yield now 3 min- standards. So if you want to embrace a bacco use in the United States. utes to Dr. Gingrey, the gentleman harm-reduction strategy to migrate To include speech restrictions that a from Georgia. people from smoking down the con- Mr. GINGREY of Georgia. Mr. Speak- tinuum of risk to eventually quitting, broad range of legal experts have stated are almost certain to be unconstitu- er, I thank the gentleman for yielding. the Waxman bill does not permit that. And I certainly want to pay tribute to We don’t permit the innovation of tional fatally taints this bill. Chairman WAXMAN in regard to the science to drive people to lower-risk b 1945 work that he has done over these many products. And that is what the sub- I know the bill is well-intentioned, years, 10, at least, in regard to trying stitute tries to do. but I hope my colleagues will support to help our society rid themselves of, With that, I will yield to the gen- the alternative offered by the gen- really, the scourge of smoking ciga- tleman, the ranking Republican, tleman from Indiana (Mr. BUYER). rettes and many health care problems LAMAR SMITH of Texas, such time as he Mr. BUYER. I reserve the balance of that that leads to. I don’t think that may consume. my time. Mr. SMITH of Texas. Mr. Speaker, I there’s any question in anybody’s mind Mr. WAXMAN. I am including in the thank my colleague from Indiana for about that. And certainly the Surgeon yielding me time. RECORD an exchange of letters on H.R. General’s warning, very profound, clear Mr. Speaker, H.R. 1256 directs the 1256 between the chairman of the Com- warning on a package of cigarettes, Secretary of HHS to promulgate an in- mittee on the Judiciary and myself. should bring their attention to that terim final rule that is identical to the COMMITTEE ON THE JUDICIARY, every time they light up, whether FDA’s 1996 rule, which legal experts Washington, DC, March 24, 2009. we’re talking about young adults or at from across the political spectrum Hon. HENRY A. WAXMAN, any age group. And leading to lung Chairman, Committee on Energy and Commerce, have stated would violate the first cancer and chronic obstructive pul- House of Representatives, Washington, DC. monary disease, maybe better known amendment. DEAR CHAIRMAN WAXMAN: This is to advise While these experts’ views should you that, as a result of your having worked as emphysema. So I commend Chair- carry great weight, even more persua- with us to appropriately craft provisions in man WAXMAN very much. I think his sive is the fact that the U.S. Supreme H.R. 1256, the ‘‘Family Smoking Prevention heart is in the right place, and what Court also has weighed in on various and Tobacco Control Act,’’ that fall within he’s trying to do is very credible. provisions of the rule, finding them un- the rule X jurisdiction of the Committee on But I do feel that Representative constitutional. In Lorillard Tobacco v. the Judiciary, we are able to agree to dis- BUYER, from Indiana, and his sub- Reilly, the U.S. Supreme Court struck charging our committee from further consid- stitute amendment, will be presented down a Massachusetts statute that was eration of the bill in order that it may pro- shortly. I really feel, Mr. Speaker, that ceed without delay to the House floor for this is very likely a better way. And so similar in many ways to the FDA’s consideration. proposed rule. The statute banned out- The Judiciary Committee takes this action I do rise in strong support of the Buyer door ads within 1,000 feet of schools, with the understanding that by foregoing amendment in the nature of a sub- parks and playgrounds and also re- further consideration of H.R. 1256 at this stitute. stricted point-of-sale advertising for time, we do not waive any jurisdiction over Despite decades of intense efforts to tobacco products. subject matter contained in this or similar eradicate the practice, still more than The Court held that this regulation legislation. We also reserve the right to seek 40 million American adults continue to ran afoul of the test established in the appointment of an appropriate number of smoke cigarettes, and that is likely to Central Hudson case, which defines the conferees to any House-Senate conference in- remain the case, unfortunately, for volving this important legislation, and re- protection afforded commercial speech quest your support if such a request is made. decades to come. under the first amendment, as it was I would appreciate your including this let- All tobacco products are harmful, but not sufficiently narrowly tailored and ter in the Congressional Record during con- the health risks associated with ciga- would have disparate impacts from sideration of the bill on the House floor. rettes are significantly greater than community to community. Thank you for your attention to this re- those associated with the use of smoke-

VerDate Nov 24 2008 06:23 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.150 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4341 free tobacco and nicotine-only prod- some of your Members there if they’re els of tobacco-related deaths, while ucts. going to speak on the bill. doing nothing of significance to reduce So, given these facts, an increasing Mr. BUYER. To the gentleman’s the number of teens who would initiate number of public health experts advo- question, you wanted to know how tobacco use with no bill at all.’’ cate adopting a tobacco ‘‘harm-reduc- many more speakers do I have. I was Now, I read that earlier, but it’s so tion’’ approach like that proposed in not prepared that you would not have important I had to read it again. Now, the Buyer amendment that will lower speakers in support of your bill, so I Congressman MCINTYRE and I have au- the health risks associated with using thought that we’d be going back and thored this bipartisan alternative to tobacco or nicotine. forth, so I have Members coming from establish the Tobacco Harm Reduction A growing body of science shows that their offices to the floor. But I would Center under the Department of Health smokers who switch to smokeless to- be more than happy to take some of and Human Services. The alternative is bacco products can significantly de- my time. based on public health policies that ac- crease their risk of tobacco-related ill- May I ask, Mr. Speaker—actually, knowledge a continuum of risk among ness and death. we’re on your time, I guess, at the mo- all tobacco products, and referenced A World Health Organization Study ment. I guess, on your time. May I ask scientific literature which shows that Group wrote last year that: ‘‘Smoke- how much time both of us may have re- smokeless tobacco products are 90 to less tobacco products do not cause the maining? even 99 percent less hazardous than lung diseases causally associated with The SPEAKER pro tempore. The gen- cigarettes in their risks of causing to- the use of combusted tobacco products tleman from Indiana has 16 minutes re- bacco-related illnesses and death. such as cigarettes, pipes and cigars.’’ maining. The gentleman from Cali- Now, why wouldn’t we embrace that Scientific studies show that even the fornia has 231⁄2 minutes remaining. as a form of public policy? risk for cancers of the mouth and the Mr. WAXMAN. We’re going to reserve Unlike H.R. 1256, the alternative sub- throat are higher for smokers than for the balance of our time. stitute would have insured adult to- those who use tobacco products that do Mr. BUYER. I yield myself such time bacco users are given complete, accu- not burn. Year after year, this body has as I may consume. rate and truthful information about considered tobacco regulation that We’ve had a discussion here on the the risks and relative risks of all to- fails to recognize the significant floor, Mr. Speaker, with regard to bacco products so that they can make progress that can be achieved by add- other concerns over the Food and Drug informed health decisions, while pro- ing this harm-reduction component to Administration and its ability to regu- viding incentives to develop reduced- tobacco-control efforts. late tobacco products, products that risk tobacco products. An article last year, Mr. Speaker, in will never qualify as safe and effective, See, that’s really one of the chief the Journal of Health Care Law and and could have significant negative im- concerns I have about Mr. WAXMAN’s Policy correctly concluded that, and pacts on all Americans. legislation is that when he creates a this is a quote, ‘‘Ignoring harm reduc- Congress has spent a great deal of two-tier product standard with the im- tion is simply not a viable option as time investigating the ways in which plementation of new products, how can there is no question that it is possible the FDA has been unable to fulfill its we ever migrate people to a lesser- to provide massively less toxic alter- core mission. Burdening the FDA with harm nicotine delivery device in our ef- native products.’’ additional responsibilities outside the forts to get them to quit? That’s why The SPEAKER pro tempore. The agency’s expertise and core missions at we have this position by Mr. WAXMAN, time of the gentleman has expired. this time will have dire consequences Mr. BUYER. I yield to the gentleman either you smoke or you die. And for the American people and the FDA’s of Georgia an additional minute. that’s not what we should be embrac- Mr. GINGREY of Georgia. Mr. Speak- ability to ensure the safety and effi- ing. er, a 2007 article in the International cacy of our Nation’s food, drugs and The alternative substitute, which Journal of Drug Policy noted that ‘‘A medical devices. Members will have a chance to vote on, pragmatic, public health approach to H.R. 1256 allows the FDA to divert re- strengthens prevention against minors’ tobacco control would recognize a con- sources from its core mission, includ- tobacco use, ensures that States prop- tinuum of risk and encourage nicotine ing funds from food safety inspections erly fund anti-tobacco education and users to move themselves down the and drugs and devices approvals to smoking-cessation programs, and pro- risk spectrum by choosing safer alter- fund the startup costs of a newer to- tects American jobs. natives to smoking, without demand- bacco center. At a time when FDA is Now, this alternative legislation will ing abstinence.’’ struggling to perform many of its core significantly improve the public The Buyer amendment presents us functions, diversion of its limited re- health, while also protecting the al- with the opportunity to institute that sources will negatively impact the ready overburdened FDA from new re- type of pragmatic approach. It offers a safety of the American public. sponsibilities that take away from its stringent regime under which harm-re- Now, in a bipartisan manner, we ability to protect, once again, our Na- duction strategies can augment and le- share the concerns of many in the pub- tion’s food and drug supply. verage continued efforts to prevent to- lic health community that effectively In 2001 the Institute of Medicine bacco use, and to encourage current giving FDA’s stamp of approval on noted, ‘‘The potential for reduction in smokers to quit. cigarettes will improperly lead people morbidity and mortality that could re- So, as a physician who deeply cares to believe that these products are safe, sult from the use of less toxic products about the health and the welfare of our and they really aren’t. So there actu- by those who do not stop using to- citizens, I urge you, my colleagues on ally could be this perception, when peo- bacco, justifies the inclusion of harm both sides of the aisle, to adopt the ple see that the FDA has approved it, reduction as a component in a broad amendment as our Nation’s best option there could be this public perception program of tobacco control.’’ That was for fighting the disease and the death that there’s an FDA approval of a par- my appeal to Chairman WAXMAN as to caused by tobacco in the 21st century. ticular nicotine delivery device. why the harm reduction strategy Mr. BUYER. I reserve my time. Now, what we seek to do is to turn should be endorsed. Mr. WAXMAN. Mr. Speaker, I have this over to a different agency, where- You see, if enacted, H.R. 1256, Mr. no further requests for time. Although by we can learn about the different rel- WAXMAN’s bill, significantly curtails, if some Members may join us shortly, I ative risks among that continuum of not entirely eliminates, incentives for ask the gentleman how many other risk, so that people can make, then, in- manufacturers to develop and market speakers he wishes to call on before we formed decisions and choices relative products that reduce exposure to to- close the debate. to the use of tobacco products. bacco toxic substances. In order to ob- Mr. BUYER. We have two speakers Now, I agree with the American As- tain approval of a modified risk prod- that I’m aware of that are on their sociation of Public Health Physicians, uct, an applicant must demonstrate way. which wrote on March 3, 2009, in regard that the marketing and the labeling of Mr. WAXMAN. I’ll reserve my time to H.R. 1256, ‘‘The current bill, in its the product will not mislead consumers and let you go forward. I see there are current form, would assure current lev- into believing that the product is or

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.153 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4342 CONGRESSIONAL RECORD — HOUSE April 1, 2009 has been demonstrated to be less harm- speech restrictions that a broad range of ex- cause, after all, a tobacco cigarette is a ful than current products. perts have stated are almost certain to be drug-delivery device. Its sole purpose is Further, it has to be demonstrated struck down would be highly counter- to deliver nicotine to the user. In fact, that the product reduces risk for both productive, and the only winners in this effort if you do not have nicotine with its ad- the individual and for the population will be the litigants’ constitutional lawyers rath- dictive powers, cigarette smoking is, as a whole. This is the two-tiered er than the American public. itself, so unpleasant that no one would standard I keep referring to. It is un- I reserve the balance of my time. willingly smoke a cigarette. They do so likely that such a standard could ever b 2000 to satisfy the addiction to nicotine. be proven. You see, that is what is so In some of Chairman WAXMAN’s hear- clever about Mr. WAXMAN’s legislation. Mr. WAXMAN. Mr. Speaker, I am ings that he did in the last decade, he He puts in a standard that can never be ready to move on to the Buyer sub- had tobacco executives admit that they achieved. And if you want to move peo- stitute, and if the gentleman from Indi- manipulated levels of nicotine. Why? ple down a continuum of risk and im- ana is ready to yield back his time, I Because the nicotine is required to ad- prove public health, it cannot be done will yield back my time, and we can go dict a smoker so he will continue to under Mr. WAXMAN’s approach. to the substitute, itself. smoke. Eliminate the nicotine, and you Now, those of us that support the Mr. BUYER. You would not rob me of have eliminated the smoking as a substitute are concerned that such dis- the opportunity to put my chart on dis- habit. As a consequence, the enormous incentives will effectively freeze the play, would you, Mr. Chairman? public health debt that we’re piling up current tobacco market and prevent in- Mr. WAXMAN. I wouldn’t deny you in treating smoking-related illnesses novation that could lead to signifi- any opportunity to make any points or suddenly becomes a much more real- cantly less harmful tobacco products to show any charts. istic figure. and improve the Nation’s health. That Mr. BUYER. Thank you. I, frankly, do not understand why we is the exact position that Altria took Mr. WAXMAN. Is the gentleman would have a bill on the floor to allow in their letter to me. ready to offer his amendment? the Food and Drug Administration to Mr. Speaker, H.R. 1256 directs the Sec- Mr. BUYER. I am prepared to show a regulate tobacco usage when we will retary of HHS to promulgate an interim final chart on my debate time. not allow them to have the one tool rule that is identical to the FDA’s 1996 rule, Mr. WAXMAN. Oh. Well then, I’ll re- that would actually do some good in which legal experts from across the political serve the balance of my time. this legislation, which is to allow the spectrum have stated would violate the First Mr. BUYER. I thank the gentleman. Food and Drug Administration to re- Amendment. While these experts’ views How much time do I have, Mr. Speak- quire a zero-milligram nicotine ciga- should carry great weight, even more disposi- er? rette. tive is the fact that the U.S. Supreme Court The SPEAKER pro tempore. The gen- In other words, we’re going to allow has also weighed in on various provisions of tleman has 91⁄2 minutes remaining. nicotine to continue to be in ciga- the rule, finding them unconstitutional. Mr. BUYER. I yield 3 minutes to the rettes, allow the level to continue to be In Lorillard Tobacco Co. v. Reilly, the U.S. gentleman from Texas, Dr. BURGESS. manipulated and continue to allow the Supreme Court struck down a Massachusetts Mr. BURGESS. I thank the gen- youth of this country to be addicted to statute that was similar in many ways to the tleman for yielding. this pernicious habit. If we were really FDA’s proposed rule. The statute banned out- This bill is certainly a misplaced pri- serious, if it weren’t just the fact that door ads within 1,000 feet of schools, parks ority. Mr. Speaker, I lost both parents we’re addicted to tobacco money, we and playgrounds and also restricted point-of- to tobacco-related illness. I know of would allow the FDA the ability to ex- sale advertising for tobacco products. The the seriousness of this illness. I saw it clude nicotine from cigarette products. Court held that this regulation ran afoul of the virtually every day in the 25 years I Mr. WAXMAN. Mr. Speaker, we have test established in the Central Hudson case, practiced medicine. Tobacco is a put in this bill that the FDA has the which defines the protection afforded commer- scourge upon our society. power to lower the levels of nicotine to cial speech under the First Amendment, as it It is for Congress to meet then. In a level that would be appropriate for was not sufficiently narrowly tailored, and the bill in front of us this evening, the the protection of the public health. We would have disparate impacts from community Food and Drug Administration, a Fed- did not allow the FDA, under the legis- to community. eral agency that right now is essen- lation, to eliminate nicotine from ciga- The Court then noted that since the Massa- tially a beleaguered agency that can- rettes because we’re all aware that, if chusetts statute was based on the FDA’s rule, not do what we require it to do with cigarettes were not permitted to con- the FDA rule would have similar unconstitu- regulating food and drugs, is now going tain nicotine at all, that would be tan- tional effects on a nationwide basis. As Justice to be given a completely new mission. tamount to an outright ban on ciga- Sandra Day O’Connor wrote for the Court, The mission of the Food and Drug rettes. I would not like to see people ‘‘the uniformly broad sweep of the geo- Administration is to ensure that we smoking cigarettes at all, but I’m not graphical limitation demonstrates a lack of tai- have drugs that are safe and effective. for prohibition, and therefore, we did loring.’’ Tobacco, when used as directed, kills not give the FDA that power to ban Additionally, the proposed rule in H.R. 1256 400,000 people a year. Tobacco certainly cigarettes in effect. would require ads to use only black text on a could be regarded as effective when Now, it’s odd to find that we’re criti- white background. Again, the U.S. Supreme used as directed, but it could never be cized for not doing enough and then are Court found a similar provision unconstitutional regarded as safe. criticized for doing too much. You in Zauderer v. Office of Disciplinary Counsel. Last night, in the Rules Committee, can’t have it both ways. I think the In that case, dealing with advertising for legal I attempted to offer an amendment FDA is in the position to regulate. We services, the Court held that the use of colors which would have allowed the Food and ought to give them that power, and and illustrations in ads are entitled to the Drug Administration to at least re- that’s why I would urge support for the same First Amendment protections given quire that a cigarette be manufactured legislation. verbal commercial speech. Justice Byron that contains zero milligrams of nico- At this time, I would like to yield 5 White, in his opinion for the Court, wrote that tine. In fact, there is explicit language minutes to the gentleman from Penn- pictures and illustrations in ads cannot be in the bill that prohibits the Food and sylvania (Mr. PLATTS), and if he needs banned ‘‘simply on the strength of the general Drug Administration from requiring a more time, I’ll yield more to him. argument that the visual content of advertise- zero-milligram nicotine cigarette. Why Mr. PLATTS. Mr. Speaker, I rise in ments may, under some circumstances, be is this important? support of H.R. 1256, the Family Smok- deceptive or manipulative.’’ Well, I told the Rules Committee last ing Prevention and Tobacco Control There are numerous other speech restric- night that this was essentially the Act. My good friend and former col- tions in this legislation that raise serious First anti-hypocrisy amendment. If we were league, Congressman Tom Davis, Amendment issues and will create a swarm of serious about what we were trying to helped to champion this effort with lawsuits that will only divert us from trying to do for public health, we would allow Chairman WAXMAN for many years. develop more effective approaches to tobacco the Food and Drug Administration to With Congressman Davis’ retirement use in the United States. To put forward eliminate nicotine in the cigarette be- last year, I’m honored to have taken

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.154 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4343 his place as the lead Republican spon- adult’s choice to smoke. Even though I education. We seek to do that because sor of this important legislation and to don’t believe we want anyone to, it pre- we have a harm-reduction strategy to have the privilege of working with serves that choice, and we make sure do that, and we want to move people Chairman WAXMAN and his staff on this that those tobacco products that are down a continuum of risk. important effort. marketed as safe alternatives to ciga- When you look at the 45 million Mr. Speaker, tobacco is one of the rettes are, in fact, scientifically proven smokers, 85 percent of them are smok- deadliest consumer products on the to be safer. ing light or ultralight cigarettes. Now, market today. It kills over 400,000 Finally, I understand that some indi- the reason they do that is they make a Americans every year. Yet it is one of viduals have concerns with placing subconscious decision that somehow the least regulated of all consumer such authority under the FDA. I think it’s a healthier or a safer cigarette. The products. In other words, while the it’s important to note that the FDA al- reality is it’s not. It’s not. FDA has the authority to regulate ready regulates products that people So Mr. PLATTS is absolutely correct, seemingly harmless products such as use to help quit smoking, such as nico- but what we seek to do in the sub- lipstick, hair spray and shaving cream, tine gums and patches. In addition, stitute is we want to regulate tobacco. to name just three, the FDA does not this legislation does provide an en- That’s what Mr. MCINTYRE and I seek have the authority it needs to regulate tirely separate funding stream for the to do. We want to regulate tobacco. We one of the deadliest, if not the dead- FDA’s regulation of tobacco products don’t want to do it under the FDA. We liest, products available for sale to our to ensure that other important efforts want to do it in a harm-reduction cen- citizens. It is long past time when to- carried out by this agency are not di- ter, and we want the tobacco compa- bacco products should be subject to se- minished. nies to come forward. We’ll regulate rious regulation to protect the public’s I hope my colleagues will join me in that tobacco, but we want to migrate health. This bill would finally accom- supporting the Family Smoking Pre- smokers into other forms of products. plish this important goal. vention and Tobacco Control Act. I’m going to talk about that in greater First, this legislation would ensure For the record, I believe there was detail on the substitute. that tobacco products are not adver- reference that the reason we’re not At this point, Mr. WAXMAN, I don’t tised to or sold to children. Addiction completely banning it is because of the have any other speakers, so we can pro- to tobacco begins almost universally in influence of tobacco funds in cam- ceed to the substitute. childhood and in adolescence. Every paigns. If I understand that correctly, I Mr. DINGELL. Mr. Speaker, I rise in strong day, almost 4,000 children try their want to be on the record as one who support of H.R. 1256, the Family Smoking first cigarette, and over 1,000 become doesn’t accept any political action Prevention and Tobacco Control Act. This his- daily smokers. Tobacco companies committee funds, including tobacco toric legislation will grant the Food and Drug have long taken advantage of this vul- funds, and I’ve not received any such Administration the authority to regulate to- nerability by promoting their products funds. Never have. Never will. This is bacco products. Aside from a few technical through such tactics as cartoon adver- about doing right for American citi- changes, H.R. 1256 is identical to the legisla- tisements, free tobacco-themed mer- zens. It’s about the health of our citi- tion Chairman WAXMAN and I worked hard to- chandise that appeals to kids and zens. It’s especially about the health of gether to pass in the House last year. This legislation is long overdue: through sponsorships of sports and en- our children. In 1957, Surgeon General Leroy Burney de- Vote ‘‘yes’’ and oppose this sub- tertainment events. clared the causal link between smoking and With health care costs spiraling out stitute. Support the underlying bill. Mr. BUYER. I want to thank both lung cancer. of control every year, the cost of treat- In 1964, Surgeon General Luther Terry’s gentlemen—Mr. PLATTS and the chairing these smokers later in life is fast Report proclaimed that cigarette smoking is a man—for his bill. As I’ve said, I com- becoming prohibitively expensive. Pro- health hazard of sufficient importance in the plimented you earlier about your per- hibiting advertising to children would United States to warrant appropriate remedial sistence and about your tenacity, go a long way in preventing young peo- action. ple in America from starting to smoke, about your drive and your sincerity. I Today, fifty-two years after the cancer link and it would save billions of dollars don’t question it at all. I have a dif- was established, forty-five years after the call and countless lives in the years to ferent approach on how we can improve for remedial action, we are finally poised to come. public policy, and this has been a good regulate this lethal product. Second, this legislation would re- debate. I want to thank the chairman H.R. 1256 creates a fully-funded separate quire that tobacco products marketed for allowing this debate to occur. It tobacco center at FDA to regulate tobacco as safer than other tobacco products was a healthy debate at the committee products. The FDA is the appropriate scientific are, in fact, demonstrated to be safer. during the markup. I think it’s a and regulatory agency to provide this over- The history of low-tar cigarettes illus- healthy debate for us to have. sight. Through a user fee on tobacco prod- trates the grave danger to public Over 100 countries around the world ucts, FDA will have the resources to imple- health caused by fooling consumers are struggling with how they answer ment this legislation and the legislation seg- into believing unsubstantiated claims these public health questions on how to regates the tobacco center and its funding that one kind of cigarette is safer than deal with individuals who become ad- from other FDA programs. another. Millions of Americans dicted to nicotine. When you look at The FDA needs more resources and greater switched to low-tar cigarettes, believ- this approach of, ‘‘Well, let’s just quit. authority to meet its other obligations with re- ing they were reducing their risk of Stop smoking and just quit,’’ I just spect to food, drugs, devices and cosmetics. lung cancer. Many were convinced to take a simple look at this. I say there My colleagues, Mr. PALLONE and Mr. STUPAK, switch instead of to quit. It was not are 45 million smokers, and then there and I have introduced legislation to address until decades later that we learned are 2 million who are trying to stop this need. To my colleagues who are con- through the deaths of those smoking smoking. Yet there’s only a 7 percent cerned with FDA’s lack of resources, I invite low-tar cigarettes that low-tar ciga- success rate. Something is not work- you to join us in this effort. rettes were just as dangerous as full- ing. To me, that’s a rate of failure. Each year, tobacco use kills more than tar cigarettes. Under this legislation, So that’s why Mr. MCINTYRE and I 400,000 people. The American people need we will not have to wait for the deaths came up with a different approach. We assurance that their food and medical prod- of millions of more Americans to learn came up with a harm-reduction ap- ucts are safe. But they also need meaningful whether a so-called ‘‘safer’’ cigarette is proach, and what we seek to do is to oversight of tobacco products. This Congress what it claims to be. put our arms around everything. Not can deliver both. This bill does not ban tobacco prod- only are we trying to accomplish some I urge my colleagues to vote in favor of H.R. ucts. H.R. 1256 would allow the FDA to of the similar goals of Mr. WAXMAN and 1256. scientifically evaluate the health bene- Mr. PLATTS and of others who support Mr. VAN HOLLEN. Madam Speaker, as an fits and risks posed by ingredients in Mr. WAXMAN’s approach, but we wanted original cosponsor, I rise in strong support of cigarettes, and it would take steps to to include everything. We could in- the bipartisan Family Smoking Prevention and reduce the harm caused by tobacco clude abstinence. We could include ces- Tobacco Control Act. I want to thank Chair- products. This legislation preserves an sation programs and prevention and man WAXMAN and so many others for their

VerDate Nov 24 2008 06:23 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 9920 E:\CR\FM\K01AP7.157 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4344 CONGRESSIONAL RECORD — HOUSE April 1, 2009 leadership in bringing this legislation to the importers to pay for the cost of regulation. The Sec. 118. Regulation requirement. floor after so many years and so many battles. bill sets the amount of the assessments each Sec. 119. Preservation of State and local au- This is an important day for the American peo- year, which will increase to $712 million per thority. Sec. 120. Tobacco Products Scientific Advi- ple. year. Granting the Food and Drug Administration sory Committee. Also, this bill calls for using funds from the Sec. 121. Drug products used to treat to- authority to regulate tobacco products is long Thrift Savings Plan. Do we really want to use bacco dependence. overdue and is a critical step in the protection the savings portion of the bill to pay for more Sec. 122. Advertising and marketing of to- of the public’s health. As we know, the FDA Washington bureaucracy? bacco products. has the power to regulate and oversee all Tobacco producers, small convenience TITLE II—TOBACCO PRODUCTS WARN- sorts of products that are sold today. Many stores, and tobacco warehouseman, which are INGS; CONSTITUENT AND SMOKE CON- products that they regulate are not addictive. the backbones of commerce across poor and STITUENT DISCLOSURE Yet we do not have the FDA’s regulatory au- rural districts, will be put out of business under Sec. 201. Cigarette label and advertising thority when it came to the very addictive this bill. warnings. products of tobacco and nicotine. And, farmers—beware—FDA will come di- Sec. 202. Smokeless tobacco labels and ad- Because of the lack of regulatory authority rectly on your farm and tell you how to oper- vertising warnings. on tobacco products, the FDA has been side- ate. Producers will bear the brunt of this legis- TITLE III—PUBIC DISCLOSURES BY lined and the result is that the big tobacco lation. FDA will tell producers what type of TOBACCO PRODUCTS MANUFACTURERS companies have taken advantage of that op- seeds they can plant, the methods in which Sec. 301. Disclosures on packages of tobacco portunity and exploited it by marketing their they cultivate those seeds, the records they products. deadly products to young people. For far too must keep and on and on and on. Sec. 302. Disclosures on packages of smoke- long, the tobacco companies have been tar- I ask for a ‘‘no’’ vote on this classic tax and less tobacco. geting our kids, deceiving all of us about the regulate bill. Sec. 303. Public disclosure of ingredients. harmful effects of their products and manipu- Mr. BUYER. I yield back the balance TITLE IV—PREVENTION OF ILLICIT lating the ingredients in their products—all to of my time. TRADE IN TOBACCO PRODUCTS ensure that their profit levels remained high. In Mr. WAXMAN. Mr. Speaker, I also Sec. 401. Study and report on illicit trade. order for them to continue to make their prof- yield back my time. Sec. 402. Amendment to section 1926 of the its, they had to continue getting one genera- The SPEAKER pro tempore. All time Public Health Service Act. tion after another hooked on tobacco products. for debate on the bill has expired. Sec. 403. Establishment of rankings. TITLE V—ENFORCEMENT PROVISIONS Let’s make sure that future generations of AMENDMENT OFFERED BY MR. BUYER young people do not get addicted. Addiction to Mr. BUYER. Mr. Speaker, I have an Sec. 501. Prohibited acts. tobacco products has had a huge cost to our amendment at the desk. Sec. 502. Injunction proceedings. Sec. 503. Penalties. society in terms of lives and money with over The SPEAKER pro tempore. The 400,000 American deaths every year. We Sec. 504. Seizure. Clerk will designate the amendment. Sec. 505. Report of minor violations. have a chance today to put an end to that The text of the amendment is as fol- Sec. 506. Inspection. cycle. lows: Sec. 507. Effect of compliance. In my home State of Maryland, I am very Amendment in the nature of a substitute Sec. 508. Imports. proud of the steps we have taken to curb the printed in part B of House Report 111–72 of- Sec. 509. Tobacco products for export. effects of tobacco use. We increased the to- fered by Mr. BUYER: TITLE VI—MISCELLANEOUS PROVISIONS Strike all after the enacting clause and in- bacco tax and youth smoking has declined. Sec. 601. Use of payments under the master sert the following: We also passed a comprehensive smokefree settlement agreement and indi- indoor air law in 2007. But we can’t have SECTION 1. SHORT TITLE; TABLE OF CONTENTS. vidual State settlement agree- every State fighting alone to have a successful (a) SHORT TITLE.—This Act may be cited as ments. national program to curb tobacco use. We the ‘‘Youth Prevention and Tobacco Harm Sec. 602. Preemption of State Laws Imple- need one entity that has this power to help Reduction Act’’. menting Fire Safety Standard (b) TABLE OF CONTENTS.—The table of con- for Cigarettes. protect the American people, especially the tents of this Act is as follows: young people of our country, from the deadly Sec. 603. Inspection by the alcohol and to- Sec. 1. Short title; table of contents. bacco tax trade bureau of effects of tobacco products. Sec. 2. Findings. Mr. Speaker, this bill is a crucial step in pro- records of certain cigarette and Sec. 3. Purpose. smokeless tobacco sellers. Sec. 4. Scope and effect. tecting the health and well-being of our con- Sec. 604. Severability. stituents from the deadly effects of tobacco Sec. 5. Severability. Sec. 6. Effective date. TITLE VII—TOBACCO GROWER use. It will save lives and money. I urge my PROTECTION colleagues to join me in a yes vote on this TITLE I—AUTHORITY OF THE TOBACCO Sec. 701. Tobacco grower protection. much-needed legislation. HARM REDUCTION CENTER Mr. LUCAS. Mr. Speaker, I am appalled at Sec. 100. Definitions. SEC. 2. FINDINGS. the blatant disregard for the public policy proc- Sec. 101. Center authority over tobacco The Congress finds the following: products. (1) Cigarette smoking is a leading cause of ess. What kind of trick is being played out on Sec. 102. Exclusion of other regulatory pro- preventable deaths in the United States. Cig- the American people when half of H.R. 1256— grams. arette smoking significantly increases the the half that pays for FDA legislation—comes Sec. 103. Existing Federal statutes main- risk of developing lung cancer, heart disease, on suspension of the rules and the other half, tained. chronic bronchitis, emphysema and other se- the part that burdens American companies Sec. 104. Proceedings in the name of the rious diseases with adverse health condi- with more taxes and regulation, comes under United States; subpoenas; pre- tions. a closed rule? emption of State and local law; (2) The risk for serious diseases is signifi- This bill gives FDA broad statutory authority no private right of action. cantly affected by the type of tobacco prod- Sec. 105. Illicit trade. uct and the frequency, duration and manner to regulate the manufacturing, distribution, ad- Sec. 106. Adulterated tobacco products. vertising, promotion, sale, and use of ciga- of use. Sec. 107. Misbranded tobacco products. (3) No tobacco product has been shown to Sec. 108. Submission of health information rettes and smokeless tobacco. And, it will ulti- be safe and without risks. The health risks to the Administrator. mately result in FDA being on the farm micro- associated with cigarettes are significantly Sec. 109. Registration and listing. managing our farmers. greater than those associated with the use of FDA has clearly proven it is severely over- Sec. 110. General provisions respecting control of tobacco products. smoke-free tobacco and nicotine products. burdened with its current authority. Just look Sec. 111. Smoking article standards. (4) Nicotine in tobacco products is addict- to the recent examples of salmonella found in Sec. 112. Notification and other remedies. ive but is not considered a significant threat peanut and pistachio products. Why would we Sec. 113. Records and reports on tobacco to health. give a huge new expansion of authority to an products. (5) It is the smoke inhaled from burning to- agency that has proven it can’t handle the Sec. 114. Application for review of certain bacco which poses the most significant risk of serious diseases. load it has? Can you honestly tell the Amer- smoking articles. Sec. 115. Modified risk tobacco products. (6) Quitting cigarette smoking signifi- ican people to have confidence in the FDA to Sec. 116. Judicial review. cantly reduces the risk for serious diseases. protect them? Sec. 117. Jurisdiction of and coordination (7) Adult tobacco consumers have a right How will this new authority be paid for? New with the Federal Trade Com- to be fully and accurately informed about taxes, of course. The bill taxes companies and mission. the risks of serious diseases, the significant

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differences in the comparative risks of dif- (21) Current Federal policy requires to- (b) AGRICULTURAL ACTIVITIES.—The provi- ferent tobacco and nicotine-based products, bacco product labeling that leaves the incor- sions of this Act (or an amendment made by and the benefits of quitting. This informa- rect impression that all tobacco product this Act) which authorize the Administrator tion should be based on sound science. present equal risk. to take certain actions with regard to to- (8) Governments, public health officials, SEC. 3. PURPOSE. bacco and tobacco products shall not be con- tobacco manufacturers and others share a re- The purposes of this Act are— strued to affect any authority of the Sec- sponsibility to provide adult tobacco con- (1) to provide authority to the Tobacco retary of Agriculture under existing law re- sumers with accurate information about the Harm Reduction Center by recognizing it as garding the growing, cultivation, or curing various health risks and comparative risks the primary Federal regulatory authority of raw tobacco. associated with the use of different tobacco with respect to tobacco products as provided (c) REVENUE ACTIVITIES.—The provisions of and nicotine products. for in this Act; this Act (or an amendment made by this (9) Tobacco products should be regulated in (2) to ensure that the Center has the au- Act) which authorize the Administrator to a manner that is designed to achieve signifi- thority to address issues of particular con- take certain actions with regard to tobacco cant and measurable reductions in the mor- cern to public health officials, especially the products shall not be construed to affect any bidity and mortality associated with tobacco use of tobacco by young people and depend- authority of the Secretary of the Treasury use. Regulations should enhance the infor- ence on tobacco; under chapter 52 of the Internal Revenue mation available to adult consumers to per- (3) to authorize the Center to set national Code of 1986. mit them to make informed choices, and en- standards controlling the manufacture of to- SEC. 5. SEVERABILITY. courage the development of tobacco and nic- bacco products and the identity, public dis- If any provision of this Act, the amend- otine products with lower risks than ciga- closure, and amount of ingredients used in ments made by this Act, or the application rettes currently sold in the United States. such products; of any provision of this Act to any person or (10) The form of regulation should be based (4) to provide new and flexible enforcement circumstance is held to be invalid, the re- on the risks and comparative risks of to- authority to ensure that there is effective mainder of this Act, the amendments made bacco and nicotine products and their respec- oversight of the tobacco industry’s efforts to by this Act, and the application of the provi- tive product categories. develop, introduce, and promote less harmful sions of this Act to any other person or cir- (11) The regulation of marketing of tobacco tobacco products; cumstance shall not be affected and shall products should be consistent with constitu- (5) to vest the Center with the authority to continue to be enforced to the fullest extent tional protections and enhance an adult con- regulate the levels of tar, nicotine, and other possible. sumer’s ability to make an informed choice harmful components of tobacco products; SEC. 6. EFFECTIVE DATE. by providing accurate information on the (6) to ensure that consumers are better in- Except as otherwise specifically provided, risks and comparative risks of tobacco prod- formed regarding the relative risks for death the effective date of this Act shall be the ucts. and disease between categories of tobacco date of its enactment. (12) Reducing the diseases and deaths asso- products; TITLE I—AUTHORITY OF THE TOBACCO ciated with the use of cigarettes serves pub- (7) to continue to allow the sale of tobacco HARM REDUCTION CENTER lic health goals and is in the best interest of products to adults in conjunction with meas- consumers and society. Harm reduction ures to ensure that they are not sold or ac- SEC. 100. DEFINITIONS. should be the critical element of any com- cessible to underage purchasers; In this Act: prehensive public policy surrounding the (8) to impose appropriate regulatory con- (1) The term ‘‘Administrator’’ means the health consequences of tobacco use. trols on the tobacco industry; chief executive of the Tobacco Harm Reduc- (13) Significant reductions in the harm as- (9) to promote prevention, cessation, and tion Center. sociated with the use of cigarettes can be harm reduction policies and regulations to (2) The term ‘‘adult’’ means any individual achieved by providing accurate information reduce disease risk and the social costs asso- who has attained the minimum age under ap- regarding the comparative risks of tobacco ciated with tobacco-related diseases; plicable State law to be an individual to products to adult tobacco consumers, there- (10) to provide authority to the Depart- whom tobacco products may lawfully be by encouraging smokers to migrate to the ment of Health and Human Services to regu- sold. use of smoke-free tobacco and nicotine prod- late tobacco products; (3) The term ‘‘adult-only facility’’ means a ucts, and by developing new smoke-free to- (11) to establish national policies that ef- facility or restricted area, whether open-air bacco and nicotine products and other ac- fectively reduce disease and death associated or enclosed, where the operator ensures, or tions. with cigarette smoking and other tobacco has a reasonable basis to believe, that no (14) Governments, public health officials, use; youth is present. A facility or restricted area manufacturers, tobacco producers and con- (12) to establish national policies that en- need not be permanently restricted to adults sumers should support the development, pro- courage prevention, cessation, and harm rein order to constitute an adult-only facility, duction, and commercial introduction of to- duction measures regarding the use of to- if the operator ensures, or has a reasonable bacco leaf, and tobacco and nicotine-based bacco products; basis to believe, that no youth is present products that are scientifically shown to re- (13) to encourage current cigarette smok- during any period of operation as an adult- duce the risks associated with the use of ex- ers who will not quit to use noncombustible only facility. isting tobacco products, particularly ciga- tobacco or nicotine products that have sig- (4) The term ‘‘affiliate’’ means a person rettes. nificantly less risk than cigarettes; that directly or indirectly owns or controls, (15) Adult tobacco consumers should have (14) to establish national policies that ac- is owned or controlled by, or is under com- access to a range of commercially viable to- curately and consistently inform adult to- mon ownership or control with, another per- bacco and nicotine-based products. bacco consumers of significant differences in son. The terms ‘‘owns,’’ ‘‘is owned’’, and (16) There is substantial scientific evidence risk between respective tobacco products; ‘‘ownership’’ refer to ownership of an equity that selected smokeless tobacco products (15) to establish national policies that en- interest, or the equivalent thereof, of 50 per- can satisfy the nicotine addiction of invet- courage and assist the development and cent or more. erate smokers while eliminating most, if not awareness of noncombustible tobacco and (5) The term ‘‘annual report’’ means a to- all, risk of pulmonary and cardiovascular nicotine products; bacco product manufacturer’s annual report complications of smoking and while reducing (16) to coordinate national and State pre- to the Center, which provides ingredient in- the risk of cancer by more than 95 percent. vention, cessation, and harm reduction pro- formation and nicotine yield ratings for each (17) Transitioning smokers to selected grams; brand style that tobacco product manufac- smokeless tobacco products will eliminate (17) to impose measures to ensure tobacco turer manufactures for commercial distribu- environmental tobacco smoke and fire-re- products are not sold or accessible to under- tion domestically. lated hazards. age purchasers; and (6) The term ‘‘brand name’’ means a brand (18) Current ‘‘abstain, quit, or die’’ tobacco (18) to strengthen Federal and State legis- name of a tobacco product distributed or control policies in the United States may lation to prevent illicit trade in tobacco sold domestically, alone, or in conjunction have reached their maximum possible public products. with any other word, trademark, logo, sym- health benefit because of the large number of SEC. 4. SCOPE AND EFFECT. bol, motto, selling message, recognizable cigarette smokers either unwilling or unable (a) INTENDED EFFECT.—Nothing in this Act pattern of colors, or any other indicium of to discontinue their addiction to nicotine. (or an amendment made by this Act) shall be product identification identical or similar (19) There is evidence that harm reduction construed to— to, or identifiable with, those used for any works and can be accomplished in a way that (1) establish a precedent with regard to any domestic brand of tobacco product. The term will not increase initiation or impede smok- other industry, situation, circumstance, or shall not include the corporate name of any ing cessation. legal action; tobacco product manufacturer that does not, (20) Health-related agencies and organiza- (2) affect any action pending in Federal, after the effective date of this Act, sell a tions, both within the United States and State, or Tribal court, or any agreement, brand style of tobacco product in the United abroad have already gone on record endors- consent decree, or contract of any kind; or States that includes such corporate name. ing Harm Reduction as an approach to fur- (3) be applicable to tobacco products or (7) The term ‘‘brand style’’ means a to- ther reducing tobacco related illness and component parts manufactured in the United bacco product having a brand name, and dis- death. States for export. tinguished by the selection of the tobacco,

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.052 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4346 CONGRESSIONAL RECORD — HOUSE April 1, 2009 ingredients, structural materials, format, titled ‘‘Cigarettes—Determination of carbon (31) The term ‘‘reduced-exposure claim’’ configuration, size, package, product monoxide in the vapour phase of cigarette means a statement in advertising or labeling descriptor, amount of tobacco, or yield of smoke—NDIR method’’. A cigarette that intended for one or more consumers of to- ‘‘tar’’ or nicotine. does not burn down in accordance with the bacco products, that a tobacco product pro- (8) The term ‘‘Center’’ means the Tobacco testing regimen standards may be measured vides a reduced exposure of users of that to- Harm Reduction Center. under the same puff regimen using the num- bacco product to one or more toxicants, as (9) The term ‘‘cigar’’ has the meaning as- ber of puffs that such a cigarette delivers be- compared to an appropriate reference to- signed that term by the Alcohol and Tobacco fore it extinguishes, plus an additional three bacco product or category of tobacco prod- Tax and Trade Bureau in section 40.11 of title puffs, or with such other modifications as ucts. A statement or representation that a 27, Code of Federal Regulations. the Administrator may approve. tobacco product or the tobacco in a tobacco (10) The term ‘‘cigarette’’ means— (20) The term ‘‘interstate commerce’’ product contains ‘‘no additives’’ or is ‘‘nat- (A) any roll of tobacco wrapped in paper or means all trade, traffic, or other commerce— ural’’ or that uses a substantially similar in any substance not containing tobacco; or (A) within the District of Columbia, or any term is not a reduced-exposure claim if the (B) any roll of tobacco wrapped in any sub- territory or possession of the United States; advertising or labeling that contains such stance containing tobacco which, because of (B) between any point in a State and any statement or representation also contains the appearance of the roll of tobacco, the point outside thereof; the disclosure required by section 108(h) of type of tobacco used in the filler, or its pack- (C) between points within the same State this Act. age or labeling, is likely to be offered to, or through any place outside such State; or (32) The term ‘‘reduced-risk claim’’ means purchased by, consumers as a cigarette de- a statement in advertising or labeling in- (D) over which the United States has juris- scribed in paragraph (1). tended for one or more consumers of smok- diction. (11) The term ‘‘competent and reliable sci- ing articles, that a smoking article provides (21) The term ‘‘label’’ means a display of entific evidence’’ means evidence based on to users of that product a reduced risk of written, printed, or graphic matter upon or tests, analyses, research, or studies, con- morbidity or mortality resulting from one or applied securely to the immediate container ducted and evaluated in an objective manner more chronic diseases or serious adverse of a tobacco product. by individuals qualified to do so, using proce- health conditions associated with tobacco (22) The term ‘‘labeling’’ means all labels dures generally accepted in the relevant sci- use, as compared to an appropriate reference entific disciplines to yield accurate and reli- and other written, printed, or graphic matter smoking article or category of smoking arti- able results. (1) upon or applied securely to any tobacco cles, even if it is not stated, represented, or (12) The term ‘‘distributor’’ means any per- product or any of its containers or wrappers, implied that all health risks associated with son who furthers the distribution of tobacco or (2) accompanying a tobacco product. using that smoking article have been re- products, whether domestic or imported, at (23) The term ‘‘little cigar’’ has the mean- duced or eliminated. A statement or rep- any point from the original place of manu- ing assigned that term by the Alcohol and resentation that a smoking article or the to- facture to the person who sells or distributes Tobacco Tax and Trade Bureau in section bacco in a smoking article contains ‘‘no ad- the tobacco product to individuals for per- 40.11 of title 27, Code of Federal Regulations. ditives,’’ or is ‘‘natural,’’ or that uses a sub- sonal consumption. Common carriers, retail- (24) The term ‘‘loose tobacco’’ means any stantially similar term is not a reduced-risk ers, and those engaged solely in advertising form of tobacco, alone or in combination claim if the advertising or labeling that con- are not considered distributors for purposes with any other ingredient or material, that, tains such statement or representation also of this Act. because of its appearance, form, type, pack- contains the disclosure required by section (13) The terms ‘‘domestic’’ and ‘‘domesti- aging, or labeling, is suitable for use and 108(h). cally’’ mean within the United States, in- likely to be offered to, or purchased by, con- (33) The term ‘‘retailer’’ means any person cluding activities within the United States sumers as tobacco for making or assembling that— involving advertising, marketing, distribu- cigarettes, incorporation into pipes, or oth- (A) sells tobacco products to individuals tion, or sale of tobacco products that are in- erwise used by consumers to make any to- for personal consumption; or tended for consumption within the United bacco product. (B) operates a facility where the sale of to- States. (25) The term ‘‘manufacture’’ means to de- bacco products to individuals for personal (14) The term ‘‘illicit tobacco product’’ sign, manufacture, fabricate, assemble, proc- consumption is permitted. means any tobacco product intended for use ess, package, or repackage, label, or relabel, (34) The term ‘‘small business’’ means a toby consumers in the United States— import, or hold or store in a commercial bacco product manufacturer that— (A) as to which not all applicable duties or quantity, but does not include— (A) has 150 or fewer employees; and taxes have been paid in full; (A) the growing, curing, de-stemming, or (B) during the 3-year period prior to the (B) that has been stolen, smuggled, or is aging of tobacco; or current calendar year, had an average an- otherwise contraband; (B) the holding, storing or transporting of nual gross revenue from tobacco products (C) that is counterfeit; or a tobacco product by a common carrier for that did not exceed $40,000,000. (D) that has or had a label, labeling, or hire, a public warehouse, a testing labora- (35) The term ‘‘smokeless tobacco product’’ packaging stating, or that stated, that the tory, a distributor, or a retailer. means any form of finely cut, ground, pow- product is or was for export only, or that it (26) The term ‘‘nicotine-containing prod- dered, reconstituted, processed or shaped to- is or was at any time restricted by section uct’’ means a product, other than a tobacco bacco, leaf tobacco, or stem tobacco, wheth- 5704 of title 26, United States Code. product, that contains added nicotine, er or not combined with any other ingre- (15) The term ‘‘illicit trade’’ means any whether or not in the form of a salt or dient, whether or not in extract or extracted transfer, distribution, or sale in interstate solvate, that has been— form, and whether or not incorporated with- commerce of any illicit tobacco product. (A) synthetically produced, or in any carrier or construct, that is intended (16) The term ‘‘immediate container’’ does (B) obtained from tobacco or other source to be placed in the oral or nasal cavity, in- not include package liners. of nicotine. cluding dry snuff, moist snuff, and chewing (17) The term ‘‘Indian tribe’’ has the mean- (27) The term ‘‘package’’ means a pack, tobacco. ing assigned that term in section 4(e) of the box, carton, pouch, or container of any kind (36) The term ‘‘smoking article’’ means Indian Self Determination and Education As- in which a tobacco product or tobacco prod- any tobacco-containing article that is in- sistance Act. ucts are offered for sale, sold, or otherwise tended, when used by a consumer, to be (18) The term ‘‘ingredient’’ means tobacco distributed to consumers. The term ‘‘pack- burned or otherwise to employ heat to and any substance added to tobacco to have age’’ does not include an outer container produce a vapor, aerosol or smoke that— an effect in the final tobacco product or used solely for shipping one or more pack- (A) incorporates components of tobacco or when the final tobacco product is used by a ages of a tobacco product or tobacco prod- derived from tobacco; and consumer. ucts. (B) is intended to be inhaled by the user. (19) The term ‘‘International Organization (28) The term ‘‘person’’ means any indi- (37) The term ‘‘State’’ means any State of for Standardization (ISO) testing regimen’’ vidual, partnership, corporation, committee, the United States and, except as otherwise means the methods for measuring cigarette association, organization or group of per- specifically provided, includes any Indian smoke yields, as set forth in the most recent sons, or other legal or business entity. tribe or tribal organization, the District of version of ISO 3308, entitled ‘‘Routine ana- (29) The term ‘‘proof of age’’ means a driv- Columbia, the Commonwealth of Puerto lytical cigarette-smoking machine—Defini- er’s license or other form of identification Rico, Guam, the Virgin Islands, American tion of standard conditions’’; ISO 4387, enti- that is issued by a governmental authority Samoa, Wake Island, Midway Island, King- tled ‘‘Cigarettes—Determination of total and and includes a photograph and a date of man Reef, Johnston Atoll, the Northern nicotine-free dry particulate matter using a birth of the individual. Marianas, and any other trust territory or routine analytical smoking machine’’; ISO (30) The term ‘‘raw tobacco’’ means to- possession of the United States. 10315, entitled ‘‘Cigarettes—Determination of bacco in a form that is received by a tobacco (38) The term ‘‘tar’’ means nicotine-free nicotine in smoke condensates—Gas- product manufacturer as an agricultural dry particulate matter as defined in ISO 4387, chromatographic method’’; ISO 10362–1, enti- commodity, whether in a form that is nat- entitled ‘‘Cigarettes—Determination of total tled ‘‘Cigarettes—Determination of water in ural, stem, or leaf, cured or aged, or as parts and nicotine-free dry particulate matter smoke condensates—Part 1: Gas- or pieces, but not in a reconstituted form, using a routine analytical smoking ma- chromatographic method’’; and ISO 8454, en- extracted pulp form, or extract form. chine’’.

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(39) The term ‘‘tobacco’’ means a tobacco (c) CENTER.—The Secretary of Health and containing product commercially distributed plant or any part of a harvested tobacco Human Services shall establish within the domestically shall be subject to Chapter V of plant intended for use in the production of a Department of Health and Human Services the Federal Food, Drug, and Cosmetic Act if tobacco product, including leaf, lamina, the Tobacco Harm Reduction Center. The the manufacturer or a distributor of such stem, or stalk, whether in green, cured, or head of the Center shall be an Adminis- product markets it with an explicit claim aged form, whether in raw, treated, or proc- trator, who shall assume the statutory au- that the product is intended for use in the essed form, and whether or not combined thority conferred by this Act, perform the cure, mitigation, treatment, or prevention of with other materials, including any by-prod- functions that relate to the subject matter disease in man or other animals, within the uct, extract, extracted pulp material, or any of this Act, and have the authority to pro- meaning of section 201(g)(1)(C) or section other material (other than purified nicotine) mulgate regulations for the efficient enforce- 201(h)(2) of that Act. derived from a tobacco plant or any compo- ment of this Act. In promulgating any regu- (b) LIMITATION ON EFFECT OF THIS ACT.— nent thereof, and including strip, filler, lations under such authority, in whole or in Nothing in this Act shall be construed to— stem, powder, and granulated, blended, or re- part or any regulation that is likely to have (1) establish a precedent with regard to any constituted forms of tobacco. an annual effect on the economy of other industry, situation, circumstance, or (40) The term ‘‘tobacco product’’ means— $50,000,000 or more or have a material ad- legal action; or (A) the singular of ‘‘tobacco products’’ as verse effect on adult users of tobacco prod- (2) affect any action pending in any Fed- defined in section 5702(c) of the Internal Rev- ucts, tobacco product manufacturers, dis- eral, State, or Tribal court, or any agree- enue Code of 1986; tributors, or retailers, the Administrator ment, consent decree, or contract of any (B) any other product that contains to- shall— kind. bacco as a principal ingredient and that, be- (1) determine the technological and eco- (c) EXCLUSIONS FROM AUTHORITY OF ADMIN- cause of its appearance, type, or the tobacco nomic ability of parties that would be re- ISTRATOR.—The authority granted to the Ad- used in the product, or its packaging and la- quired to comply with the regulation to com- ministrator under this Act shall not apply beling, is likely to be offered to, or pur- ply with it; to— chased by, consumers as a tobacco product (2) consider experience gained under any (1) raw tobacco that is not in the posses- as described in subparagraph (A); and relevantly similar regulations at the Federal sion or control of a tobacco product manu- (C) any form of tobacco or any construct or State level; facturer; incorporating tobacco, intended for human (3) determine the reasonableness of the re- (2) raw tobacco that is grown for a tobacco consumption, whether by— lationship between the costs of complying product manufacturer by a grower, and that (i) placement in the oral or nasal cavity; with such regulation and the public health is in the possession of that grower or of a (ii) inhalation of vapor, aerosol, or smoke; benefits to be achieved by such regulation; person that is not a tobacco product manu- or (4) determine the reasonable likelihood of facturer and is within the scope of subpara- (iii) any other means. measurable and substantial reductions in graphs (A) through(F) of paragraph (3); or (41) The term ‘‘tobacco product category’’ morbidity and mortality among individual (3) the activities, materials, facilities, or means a type of tobacco product character- tobacco users; practices of persons that are not tobacco ized by its composition, components, and in- (5) determine the impact to United States product manufacturers and that are— tended use, and includes tobacco products tobacco producers and farm operations; (A) producers of raw tobacco, including to- classified as cigarettes, loose tobacco for (6) determine the impact on the avail- bacco growers; roll-your-own tobacco products, little cigars, ability and use of tobacco products by mi- (B) tobacco warehouses, and other persons cigars, pipe tobacco, moist snuff, dry snuff, nors; and that receive raw tobacco from growers; chewing tobacco, and other forms of tobacco (7) determine the impact on illicit trade of (C) tobacco grower cooperatives; products (which are treated in this Act col- tobacco products. (D) persons that cure raw tobacco; lectively as a single category). IMITATION OF UTHORITY (d) L A .— (E) persons that process raw tobacco; and (42) The term ‘‘tobacco product commu- N GENERAL (1) I .—The provisions of this Act (F) persons that store raw tobacco for nication’’ means any means, medium, or shall not apply to tobacco leaf that is not in aging. manner for providing information relating to the possession of a manufacturer of tobacco If a producer of raw tobacco is also a tobacco any tobacco product, including face-to-face products, or to the producers of tobacco leaf, product manufacturer, an affiliate of a to- interaction, mailings by postal service or including tobacco growers, tobacco ware- bacco product manufacturer, or a person pro- courier to an individual who is an addressee, houses, and tobacco grower cooperatives, nor ducing raw tobacco for a tobacco product and electronic mail to an individual who is shall any employee of the Center have any manufacturer, then that producer shall be an addressee. authority to enter onto a farm owned by a subject to this Act only to the extent of that (43) The term ‘‘tobacco product manufac- producer of tobacco leaf without the written producer’s capacity as a tobacco product turer’’ means an entity that directly— consent of such producer. manufacturer. (A) manufactures anywhere a tobacco (2) EXCEPTION.—Notwithstanding para- product that is intended to be distributed graph (1), if a producer of tobacco leaf is also SEC. 103. EXISTING FEDERAL STATUTES MAIN- TAINED. commercially in the United States, includ- a tobacco product manufacturer or con- ing a tobacco product intended to be distrib- trolled by a tobacco product manufacturer, Except as amended or repealed by this Act, uted commercially in the United States the producer shall be subject to this Act in all Federal statutes in effect as of the effec- through an importer; the producer’s capacity as a manufacturer. tive date of this Act that regulate tobacco, (B) is the first purchaser for resale in the The exception in this subparagraph shall not tobacco products, or tobacco product manu- United States of tobacco products manufac- apply to a producer of tobacco leaf who facturers shall remain in full force and ef- tured outside the United States for distribu- grows tobacco under a contract with a to- fect. Such statutes include, without limitation commercially in the United States; or bacco product manufacturer and who is not tion— (C) is a successor or assign of any of the otherwise engaged in the manufacturing (1) the Federal Cigarette Labeling and Ad- foregoing. process. vertising Act, sections 1331–1340 of title 15, United States Code, except that section 1335 (44) The term ‘‘toxicant’’ means a chemical (3) RULE OF CONSTRUCTION.—Nothing in this or physical agent that produces an adverse Act shall be construed to grant the Adminis- of title 15, United States Code, is repealed; biological effect. trator authority to promulgate regulations (2) the Comprehensive Smokeless Tobacco (45) The term ‘‘tribal organization’’ has the on any matter that involves the production Health Education Act of 1986, sections 4401– meaning assigned that term in section 4(1) of of tobacco leaf or a producer thereof. 4408 of title 15, United States Code, except the Indian Self Determination and Education (e) RULEMAKING PROCEDURES.—Each rule- that section 4402(f) of title 15, United States Assistance Act. making under this Act shall be in accordance Code, is repealed; (46) The term ‘‘United States’’ means the with chapter 5 of title 5, United States Code. (3) section 300x–26 of title 42, United States several States, as defined in this Act. (f) CONSULTATION PRIOR TO RULEMAKING.— Code; and (47) The term ‘‘youth’’ means any indi- Prior to promulgating rules under this Act, (4) those statutes authorizing regulation of vidual who in not an adult. the Administrator shall endeavor to consult tobacco, tobacco products, or tobacco product manufacturers by the Federal Trade SEC. 101. CENTER AUTHORITY OVER TOBACCO with other Federal agencies as appropriate. PRODUCTS. SEC. 102. EXCLUSION OF OTHER REGULATORY Commission, the Department of Agriculture, (a) IN GENERAL.—Tobacco products, includ- PROGRAMS. the Environmental Protection Agency, the ing modified risk tobacco products for which (a) EXCLUSION OF TOBACCO PRODUCTS AND Internal Revenue Service, and the Alcohol an order has been issued in accordance with NICOTINE-CONTAINING PRODUCTS FROM THE and Tobacco Tax and Trade Bureau of the section 117, shall be regulated by the Admin- FEDERAL FOOD, DRUG, AND COSMETIC ACT.— Department of the Treasury. istrator under this Act. No tobacco product and no nicotine-con- SEC. 104. PROCEEDINGS IN THE NAME OF THE (b) APPLICABILITY.—This Act shall apply to taining product shall be regulated as a food, UNITED STATES; SUBPOENAS; PRE- all cigarettes, cigarette tobacco, roll-your- drug, or device in accordance with section EMPTION OF STATE AND LOCAL own tobacco, and smokeless tobacco and to 201 (f), (g) or (h) or Chapter IV or V of the LAW; NO PRIVATE RIGHT OF ACTION. any other tobacco products that the Admin- Federal Food, Drug, and Cosmetic Act, ex- In furtherance of this Act: istrator by regulation deems to be subject to cept that any tobacco product commercially (1) All proceedings for the enforcement, or this Act. distributed domestically and any nicotine- to restrain violations, of this Act shall be by

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.052 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4348 CONGRESSIONAL RECORD — HOUSE April 1, 2009 and in the name of the United States. Sub- (5) if its ‘‘tar’’ yield is in violation of sec- SEC. 108. SUBMISSION OF HEALTH INFORMATION poenas for witnesses who are required to at- tion 111. TO THE ADMINISTRATOR. tend a court of the United States, in any dis- (a) REQUIREMENT.—Each tobacco product trict, may run into any other district in any SEC. 107. MISBRANDED TOBACCO PRODUCTS. manufacturer or importer, or agents thereof, proceeding under this section. No State, or A tobacco product shall be deemed to be shall submit to the Administrator the fol- political subdivision thereof, may proceed or misbranded— lowing information: (1) Not later than 18 months after the date intervene in any Federal or State court (1) if its labeling is false or misleading in of enactment of the Act, a listing of all in- under this Act or under any regulation pro- any particular; gredients, including tobacco, substances, mulgated under it, or allege any violation (2) if in package form unless it bears a compounds, and additives that are, as of thereof except a violation by the Adminis- label containing— such date, added by the manufacturer to the trator. Nothing in this Act shall be con- (A) an identification of the type of product strued to create a right of action by any pri- tobacco, paper, filter, or other part of each it is, by the common or usual name of such vate person for any violation of any provi- tobacco product by brand and by quantity in type of product; sion of this Act or of any regulation promul- each brand and brand style. (B) an accurate statement of the quantity gated under it. (2) A description of the content, delivery, of the contents in the package in terms of (2) With respect to any subject matter ad- and form of nicotine in each tobacco product dressed by this Act or by any regulation pro- weight, measure, or numerical count, except measured in milligrams of nicotine in ac- mulgated under it, no requirement or prohi- that reasonable variations shall be per- cordance with regulations promulgated by bition shall be imposed under State or local mitted, and exemptions as to small packages the Administrator in accordance with sec- law upon any tobacco product manufacturer shall be established by regulations promul- tion 4(e) of the Federal Cigarette Labeling or distributor. gated by the Administrator; and Advertising Act. (3) Paragraph (2) shall not apply to any re- (C) the name and place of business of the (3) Beginning 4 years after the date of en- quirement or prohibition imposed under tobacco product manufacturer, packer, or actment of this Act, a listing of all constitu- State or local law before the date of intro- distributor; and ents, including smoke constituents as appli- duction of the bill that was enacted as this (D) the information required by section cable, identified by the Administrator as Act. 201(c) and (e) or section 202(c) and (e), as ap- harmful to health in each tobacco product, SEC. 105. ILLICIT TRADE. plicable; and as applicable in the smoke of each to- The Administrator shall not promulgate (3) if any word, statement, or other infor- bacco product, by brand and by quantity in any regulation or take any other action that mation required by or under authority of each brand and subbrand. has the effect of— this Act to appear on the label, labeling, or (b) DATA SUBMISSION.—At the request of (1) increasing illicit trade involving to- advertising is not prominently placed there- the Administrator, each tobacco product bacco or any tobacco product, or on with such conspicuousness (as compared manufacturer or importer of tobacco prod- (2) making affected tobacco products unac- with other words, statements, or designs on ucts, or agents thereof, shall submit the fol- ceptable to a substantial number of then cur- the label, labeling, or advertising, as applica- lowing: rent users of such products, thereby creating ble) and in such terms as to render it reason- (1) Any or all documents (including under- a substantial risk that such users will resort ably likely to be read and understood by the lying scientific information) relating to re- to illicit tobacco products, or tobacco prod- ordinary individual under customary condi- search activities, and research findings, con- ucts that are otherwise noncompliant or un- tions of purchase and use; ducted, supported, or possessed by the manu- lawful. (4) if any word, statement, or other infor- facturer (or agents thereof) on the health, SEC. 106. ADULTERATED TOBACCO PRODUCTS. mation is required by or under this Act to toxicological, or physiologic effects of to- A tobacco product shall be deemed to be appear on the label, unless such word, state- bacco products and their constituents (in- adulterated— ment, or other information also appears on cluding smoke constituents), ingredients, (1) if it bears or contains any poisonous or the outside container or wrapper, if any, of components, and additives. deleterious substance other than— the retail package of such tobacco product, (2) Any or all documents (including under- (A) tobacco; or is easily legible through the outside con- lying scientific information) relating to re- (B) a substance naturally present in to- tainer or wrapper; search activities, and research findings, con- bacco; (5) if it was manufactured, prepared, or ducted, supported, or possessed by the manu- (C) a pesticide or fungicide chemical res- processed in an establishment not duly reg- facturer (or agents thereof) that relate to idue in or on tobacco if such pesticide or fun- istered under section 109, if it was not in- the issue of whether a significant reduction gicide chemical is registered by the Environ- cluded in a list required by section 109, or if in risk to health from tobacco products can mental Protection Agency for use on tobacco a notice or other information respecting it occur upon the employment of technology in the United States; or was not provided as required by section 109; available to the manufacturer. (D) in the case of imported tobacco, a res- (6) if its packaging, labeling, or advertising An importer of a tobacco product not manu- idue of a pesticide or fungicide chemical is in violation of this Act or of an applicable factured in the United States shall supply that— regulation promulgated in accordance with the information required of a tobacco prod- (i) is approved for use in the country of ori- this Act; uct manufacturer under this subsection. gin of the tobacco; and (c) DATA LIST.— (7) if it contains tobacco or another ingre- (ii) has not been banned, and the registra- (1) IN GENERAL.—Not later than 4 years dient as to which a required disclosure under tion of which has not been canceled, by the after the date of enactment of the Act, and this Act was not made; Environmental Protection Agency for use on annually thereafter, the Administrator shall (8) if it is labeled or advertised, or the to- tobacco in the United States) that may publish in a format that is understandable render it injurious to health; but, in case the bacco contained in it is advertised, as— and not misleading to a lay person, and place substance is not an added substance, such to- (A) containing ‘‘no additives,’’ or any sub- on public display (in a manner determined by bacco product shall not be considered adul- stantially similar term, unless the labeling the Administrator) the list established under terated under this subsection if the quantity or advertising, as applicable, also contains, subsection (d). clearly and prominently, the following dis- of such substance in such tobacco product (2) CONSUMER RESEARCH.—The Adminis- does not ordinarily render it injurious to closure: ‘‘No additives in our tobacco does trator shall conduct periodic consumer re- health; NOT mean safer.’’; or search to ensure that the list published (2) if there is significant scientific agree- (B) being ‘‘natural,’’ or any substantially under paragraph (1) is not misleading to lay ment that, as a result of the tobacco it con- similar term, unless the labeling or adver- persons. Not later than 5 years after the date tains, the tobacco product presents a risk to tising, as applicable, also contains, clearly of enactment of the Act, the Administrator human health that is materially higher than and prominently, the following disclosure: shall submit to the appropriate committees the risk presented by— ‘‘Natural does NOT mean safer.’’; of Congress a report on the results of such (A) such product on the effective date of (9) if in its labeling or advertising a term research, together with recommendations on this Act; or descriptive of the tobacco in the tobacco whether such publication should be contin- (B) if such product was not distributed product is used otherwise than in accordance ued or modified. commercially domestically on that date, by with a sanction or approval granted by a (d) DATA COLLECTION.—Not later than 36 comparable tobacco products of the same Federal agency; months after the date of enactment of this style and within the same category that (10) if with respect to such tobacco product Act, the Administrator shall establish, and were commercially distributed domestically a disclosure required by section 603 was not periodically revise as appropriate, a list of on that date; made; harmful constituents, including smoke con- (3) if it has been prepared, packed, or held (11) if with respect to such tobacco product stituents, to health in each tobacco product under unsanitary conditions whereby it may a certification required by section 803 was by brand and by quantity in each brand and have become contaminated with filth; not submitted or is materially false or mis- subbrand. (4) if its package is composed, in whole or leading; or SEC. 109. REGISTRATION AND LISTING. in part, of any poisonous or deleterious sub- (12) if its manufacturer or distributor made (a) DEFINITIONS.—As used in this section: stance that may render the contents inju- with respect to it a claim prohibited by sec- (1) The term ‘‘manufacture, preparation, or rious to health; or tion 115. processing’’ shall include repackaging or

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MANUFACTURED, PREPARED, OR PROCESSED BY State engaged in the manufacture, prepara- SEC. 110. GENERAL PROVISIONS RESPECTING REGISTRANTS; STATEMENTS; ACCOMPANYING tion, or processing of a tobacco product or CONTROL OF TOBACCO PRODUCTS. DISCLOSURES.— products for commercial distribution domes- (a) IN GENERAL.—Any requirement estab- (1) Every person that registers with the tically shall register with the Administrator lished by or under section 106, 107, or 113 ap- Administrator under subsection (b), (c), (d), its name, places of business, and all such es- plicable to a tobacco product shall apply to or (e) shall, at the time of registration under tablishments. such tobacco product until the applicability any such subsection, file with the Adminis- (c) NEW PRODUCERS.—Every person upon of the requirement to the tobacco product first engaging, for commercial distribution trator a list of all brand styles (with each has been changed by action taken under sec- domestically, in the manufacture, prepara- brand style in each list listed by the common tion 111, section 114, section 115, or sub- tion, or processing of a tobacco product or or usual name of the tobacco product cat- section (d) of this section, and any require- products in any establishment that it owns egory to which it belongs and by any propri- ment established by or under section 106, 107, or operates in any State shall immediately etary name) that are being manufactured, or 113 which is inconsistent with a require- register with the Administrator its name, prepared, or processed by such person for ment imposed on such tobacco product under places of business, and such establishment. commercial distribution domestically or for section 111, section 114, section 115, or sub- (d) REGISTRATION OF FOREIGN ESTABLISH- import into the United States, and that such section (d) of this section shall not apply to MENTS.— person has not included in any list of to- such tobacco product. (1) Commencing one year after enactment bacco products filed by such person with the (b) INFORMATION ON PUBLIC ACCESS AND of this Act, on or before December 31 of each Administrator under this paragraph or para- COMMENT.—Each notice of proposed rule- year, the person that, within any foreign graph (2) before such time of registration. making or other notification under section country, owns or operates any establishment Such list shall be prepared in such form and 111, 112, 113, 114, or 115 or under this section, engaged in the manufacture, preparation, or manner as the Administrator may prescribe, any other notice which is published in the processing of a tobacco product that is im- and shall be accompanied by the label for Federal Register with respect to any other ported or offered for import into the United each such brand style and a representative action taken under any such section and States shall, through electronic means or sampling of any other labeling and adver- which states the reasons for such action, and other means permitted by the Adminis- tising for each; each publication of findings required to be trator, register with the Administrator the (2) Each person that registers with the Ad- made in connection with rulemaking under name and place of business of each such es- ministrator under this section shall report any such section shall set forth— tablishment, the name of the United States to the Administrator each August for the (1) the manner in which interested persons agent for the establishment, and the name of preceding six-month period from January may examine data and other information on each importer of such tobacco product in the through June, and each February for the pre- which the notice or findings is based; and United States that is known to such person. ceding six-month period form July through (2) the period within which interested per- (2) Such person also shall provide the infor- December, following information: sons may present their comments on the no- mation required by subsection (j), including (A) A list of each brand style introduced by tice or findings (including the need there- sales made by mail, or through the Internet, the registrant for commercial distribution fore) orally or in writing, which period shall or other electronic means. domestically or for import into the United be at least 60 days but may not exceed 90 (3) The Administrator is authorized to States that has not been included in any list days unless the time is extended by the Ad- enter into cooperative arrangements with of- previously filed by such registrant with the ministrator by a notice published in the Fed- ficials of foreign countries to ensure that Administrator under this subparagraph or eral Register stating good cause therefore. adequate and effective means are available paragraph (1). A list under this subparagraph (c) LIMITED CONFIDENTIALITY OF INFORMA- for purposes of determining, from time to shall list a brand style by the common or TION.—Any information reported to or other- time, whether tobacco products manufac- usual name of the tobacco product category wise obtained by the Administrator or the tured, prepared, or processed by an establish- to which it belongs and by any proprietary Administrator’s representative under section ment described in paragraph (1), if imported name, and shall be accompanied by the other 107, 108, 111, 112, 113, 114, 115, or 504, or under or offered for import into the United States, information required by paragraph (1). subsection (e) or (f) of this section, which is shall be refused admission on any of the (B) If since the date the registrant last exempt from disclosure under subsection (a) grounds set forth in section 708. made a report under this paragraph (or if of section 552 of title 5, United States Code, (e) ADDITIONAL ESTABLISHMENTS.—Every such registrant has not previously made a by reason of subsection (b)(4) of that section person duly registered in accordance with report under this paragraph, since the effec- shall be considered confidential and shall not the foregoing subsections of this section tive date of this Act) such registrant has dis- be disclosed, except that the information shall immediately register with the Admin- continued the manufacture, preparation, or may be disclosed to other officers or employ- istrator any additional establishment that it processing for commercial distribution do- ees concerned with carrying out this Act, or owns or operates and in which it begins the mestically or for import into the United when relevant in any proceeding under this manufacture, preparation, or processing of a States of a brand style included in a list filed Act. tobacco product or products for commercial by such registrant under subparagraph (A) or (d) RESTRICTIONS.— distribution domestically or for import into paragraph (1), notice of such discontinuance, (1) IN GENERAL.—The Administrator may the United States. the date of such discontinuance, and the issue regulations, consistent with this Act, (f) EXCLUSIONS FROM APPLICATION OF THIS identity (by the common or usual name of regarding tobacco products if the Adminis- SECTION.—The foregoing subsections of this the tobacco product category to which it be- trator determines that such regulation section shall not apply to— longs and by any proprietary name) of such would be appropriate for the protection of (1) persons that manufacture, prepare, or tobacco product. the public health. The finding as to whether process tobacco products solely for use in re- (C) If, since the date the registrant re- such regulation would be appropriate for the search, teaching, chemical or biological ported pursuant to subparagraph (B) a notice protection of the public health shall be de- analysis, or export; or of discontinuance of a tobacco product, the termined with respect to the risks and bene- (2) such other classes of persons as the Ad- registrant has resumed the manufacture, fits to the users of the tobacco product, and ministrator may by regulation exempt from preparation, or processing for commercial taking into account that the standard is rea- the application of this section upon a finding distribution domestically or for import into sonably likely to result in measurable and that registration by such classes of persons the United States of that brand style, notice substantial reductions in morbidly and mor- in accordance with this section is not nec- of such resumption, the date of such resump- tality among individual tobacco users.

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(2) LABEL STATEMENTS.—The label of a to- Pesticide residue standards (ii) a petition for a variance for a tobacco bacco product shall bear such appropriate The maximum concentration of residues of product from a requirement if the Adminis- statements of the restrictions required by a the following pesticides allowed in flue-cured trator determines that the methods to be regulation under subsection (a) as the Ad- or burley tobacco, expressed as parts by used in, and the facilities and controls to be ministrator may in such regulation pre- weight of the residue per one million parts used for, the manufacture, packing, and stor- scribe. by weight of the tobacco (PPM) are: age of the tobacco product in lieu of the (e) GOOD MANUFACTURING PRACTICE RE- CHLORDANE.....3.0 methods, facilities, and controls prescribed QUIREMENTS.— DIBROMOCHLOROPROPANE by the requirement are sufficient to assure (1) METHODS, FACILITIES, AND CONTROLS TO (DBCP).....1.0 that the tobacco product will be in compli- CONFORM.— DICAMBA (Temporary).... 5.0 ance with this Act. (A) IN GENERAL.—In applying manufac- ENDRIN....0.1 (D) CONDITIONS.—An order of the Adminis- turing restrictions to tobacco, the Adminis- ETHYLENE DIBROMIDE (EDB)....0.1 trator approving a petition for a variance trator shall, in accordance with subpara- FORMOTHION.....0.5 shall prescribe such conditions respecting graph (B), prescribe regulations (which may HEXACHLOROBENZENE (HCB)....0.1 the methods used in, and the facilities and differ based on the type of tobacco product METHOXYCHLOR.....0.1 controls used for, the manufacture, packing, involved) requiring that the methods used in, TOXAPHENE.....0.3 and storage of the tobacco product to be and the facilities and controls used for, the 2,4-D (Temporary).....5.0 granted the variance under the petition as manufacture, preproduction design valida- 2,4,5-T.....0.1 may be necessary to assure that the tobacco tion (including a process to assess the per- Sum of ALDRIN and DIELDRIN.....0.1 product will be in compliance with this Act. Sum of CYPERMETHRIN and formance of a tobacco product), packing, and (E) HEARING.—After the issuance of an storage of a tobacco product conform to cur- PERMETHRIN (Temporary).....3.0 order under subparagraph (B) respecting a Sum of DDT, TDE (DDD), and DDE .....0.4 rent good manufacturing practice, or hazard petition, the petitioner shall have an oppor- Sum of HEPTACHLOR and HEPTACHLOR analysis and critical control point method- tunity for an informal hearing on such order. EPOXIDE.....0.1 ology, as prescribed in such regulations to (3) COMPLIANCE.—Compliance with require- (F) MAXIMUM RESIDUE LIMITS.—The Admin- assure that the public health is protected ments under this subsection shall not be re- istrator shall adopt regulations within one and that the tobacco product is in compli- quired before the end of the 3-year period fol- ance with this Act. Such regulations may year of the effective date of this Act to es- lowing the date of enactment of this Act. provide for the testing of raw tobacco for tablish maximum residue limits for pes- (f) RESEARCH AND DEVELOPMENT.—The Ad- pesticide chemical residues after a tolerance ticides identified under subparagraph (E) but ministrator may enter into contracts for re- for such chemical residues has been estab- not included in the table of such subpara- search, testing, and demonstrations respect- lished. graph to account for the fact that weather ing tobacco products and may obtain tobacco (B) REQUIREMENTS.—The Administrator and agronomic conditions will cause pes- products for research, testing, and dem- shall— ticides identified in subparagraph (E) to be onstration purposes. (i) before promulgating any regulation detected in foreign-grown tobacco even SEC. 111. SMOKING ARTICLE STANDARDS. under subparagraph (A), afford the Tobacco where the farmer has not knowingly added (a) IN GENERAL.— Products Scientific Advisory Committee an such pesticide. (1) RESTRICTIONS ON DESCRIPTORS USED IN opportunity to submit recommendations (2) EXEMPTIONS; VARIANCES.— MARKETING OF CIGARETTES.— with respect to the regulation proposed to be (A) PETITION.—Any person subject to any (A) IN GENERAL.—Except as provided in promulgated; requirement prescribed under paragraph (1) subparagraph (B), no person shall use, with (ii) before promulgating any regulation may petition the Administrator for a perma- respect to any cigarette brand style commer- under subparagraph (A), afford opportunity nent or temporary exemption or variance cially distributed domestically, on the por- for an oral hearing; from such requirement. Such a petition shall tion of the package of such cigarette brand (iii) provide the Tobacco Products Sci- be submitted to the Administrator in such style that customarily is visible to con- entific Advisory Committee a reasonable form and manner as the Administrator shall sumers before purchase, or in advertising of time to make its recommendation with re- prescribe and shall— such cigarette brand style any of the fol- spect to proposed regulations under subpara- (i) in the case of a petition for an exemp- lowing as a descriptor of any cigarette brand graph (A); and tion from a requirement, set forth the basis style— (iv) in establishing the effective date of a for the petitioner’s determination that com- (i) the name of any candy or fruit; regulation promulgated under this sub- pliance with the requirement is not required (ii) the word ‘‘candy,’’ ‘‘citrus,’’ ‘‘cream,’’ section, take into account the differences in to assure that the tobacco product will be in ‘‘fruit,’’ ‘‘sugar,’’ ‘‘sweet,’’ ‘‘tangy,’’ or the manner in which the different types of compliance with this Act; ‘‘tart,’’; or tobacco products have historically been pro- (ii) in the case of a petition for a variance (iii) any extension or variation of any of duced, the financial resources of the dif- from a requirement, set forth the methods the words ‘‘candy,’’ ‘‘citrus,’’ ‘‘cream,’’ ferent tobacco product manufacturers, and proposed to be used in, and the facilities and ‘‘fruit,’’ ‘‘sugar,’’ ‘‘sweet,’’ ‘‘tangy,’’ or the state of their existing manufacturing fa- controls proposed to be used for, the manu- ‘‘tart,’’ including but not limited to cilities, and shall provide for a reasonable facture, packing, and storage of the tobacco ‘‘creamy,’’ or ‘‘fruity.’’ period of time for such manufacturers to product in lieu of the methods, facilities, and (B) LIMITATION.—Subparagraph (A) shall conform to good manufacturing practices controls prescribed by the requirement; and not apply to the use of the following words but no earlier than four years from date of (iii) contain such other information as the or to any extension or variation of any of enactment. Administrator shall prescribe. them: ‘‘coffee,’’ ‘‘mint,’’ and ‘‘menthol’’. (C) ADDITIONAL SPECIAL RULE.—A tobacco (B) REFERRAL TO THE TOBACCO PRODUCTS (C) SCENTED MATERIALS.—No person shall product manufactured in or imported into SCIENTIFIC ADVISORY COMMITTEE.—The Ad- use, in the advertising or labeling of any cig- the United States shall not contain foreign- ministrator may refer to the Tobacco Prod- arette commercially distributed domesti- grown flue-cured or burley tobacco that— ucts Scientific Advisory Committee any pe- cally, any scented materials, except in an (i) was knowingly grown or processed using tition submitted under subparagraph (A). adult-only facility. a pesticide chemical that is not approved The Tobacco Products Scientific Advisory (D) DEFINITIONS.—In this section: under applicable Federal law for use in do- Committee shall report its recommendations (i) The term ‘‘candy’’ means a confection mestic tobacco farming and processing; or to the Administrator with respect to a peti- made from sugar or sugar substitute, includ- (ii) in the case of a pesticide chemical that tion referred to it within 60 days after the ing any confection identified generically or is so approved, was grown or processed using date of the petition’s referral. Within 60 days by brand, and shall include the words the pesticide chemical in a manner incon- after— ‘‘cacao,’’ ‘‘chocolate,’’ ‘‘cinnamon,’’ ‘‘cocoa,’’ sistent with the approved labeling for use of (i) the date the petition was submitted to ‘‘honey,’’ ‘‘licorice,’’ ‘‘maple,’’ ‘‘mocha,’’ and the pesticide chemical in domestic tobacco the Administrator under subparagraph (A); ‘‘vanilla.’’ farming and processing. or (ii) The term ‘‘fruit’’ means any fruit iden- (D) EXCLUSION.—Subparagraph (C)(ii) shall (ii) the day after the petition was referred tified by generic name, type, or variety, in- not apply to tobacco products manufactured to the Tobacco Products Scientific Advisory cluding but not limited to ‘‘apple,’’ ‘‘ba- with foreign-grown flue-cured or burley to- Committee, nana,’’ ‘‘cherry,’’ and ‘‘orange.’’ The term bacco so long as that foreign grown tobacco whichever occurs later, the Administrator ‘‘fruit’’ does not include words that identify was either— shall by order either deny the petition or ap- seeds, nuts or peppers, or types or varieties (i) in the inventory of a manufacturer prior prove it. thereof or words that are extensions or vari- to the effective date, or (C) APPROVAL.—The Administrator may ations of such words. (ii) planted by the farmer prior to the ef- approve— (2) SMOKING ARTICLE STANDARDS.— fective date of this Act and utilized by the (i) a petition for an exemption for a to- (A) IN GENERAL.—The Administrator may manufacturer no later than 3 years after the bacco product from a requirement if the Ad- adopt smoking article standards in addition effective date. ministrator determines that compliance to those in paragraph (1) if the Adminis- (E) SETTING OF MAXIMUM RESIDUE LIMITS.— with such requirement is not required to as- trator finds that a smoking article standard The Administrator shall adopt the following sure that the tobacco product will be in com- is appropriate for the protection of the pub- pesticide residue standards: pliance with this Act; and lic health.

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(B) DETERMINATIONS.— facturer shall manufacture for commercial is appropriate for the protection of the pub- (i) CONSIDERATIONS.—In making a finding distribution domestically a brand style of lic health; described in subparagraph (A), the Adminis- cigarettes that both— (B) invite interested persons to submit a trator shall consider scientific evidence con- (i) was not in commercial distribution do- draft or proposed smoking article standard cerning— mestically on the effective date of this Act, for consideration by the Administrator; (I) the risks and benefits to the users of and (C) invite interested persons to submit smoking articles of the proposed standard; (ii) generates a ‘‘tar’’ yield of greater than comments on structuring the standard so and 20 milligrams per cigarette as determined by that it does not advantage foreign-grown to- (II) that the standard is reasonably likely the ISO smoking regimen and its associated bacco over domestically grown tobacco; and to result in measurable and substantial re- tolerances. (D) invite the Secretary of Agriculture to ductions in morbidity and mortality among (C) LIMIT ON ALL CIGARETTES.—After De- provide any information or analysis which individual tobacco users. cember 31, 2010, no cigarette manufacturer the Secretary of Agriculture believes is rel- (ii) ADDITIONAL CONSIDERATIONS.—In the shall manufacture for commercial distribu- evant to the proposed smoking article stand- event that the Administrator makes a deter- tion domestically a brand style of cigarettes ard. mination, set forth in a proposed smoking that generates a ‘‘tar’’ yield greater than 20 (3) FINDING.—A notice of proposed rule- article standard in a proposed rule, that it is milligrams per cigarette as determined by making for the revocation of a smoking arti- appropriate for the protection of public the ISO smoking regimen and its associated cle standard shall set forth a finding with health to require the reduction or elimi- tolerances. supporting justification that the smoking ar- nation of an additive, constituent (including (D) REVIEW BY ADMINISTRATOR.—After the ticle standard is no longer appropriate for a smoke constituent), or other component of effective date of this Act, the Administrator the protection of the public health. a smoking article because the Administrator shall evaluate the available scientific evi- (4) COMMENT.—The Administrator shall has found that the additive, constituent, or dence addressing the potential relationship provide for a comment period of not less other component is harmful, any party ob- between historical ‘‘tar’’ yield values and than 90 days. jecting to the proposed standard on the risk of harm to smokers. If upon a review of (d) PROMULGATION.— ground that the proposed standard will not that evidence, and after consultation with (1) IN GENERAL.—After the expiration of the reduce or eliminate the risk of illness or in- technical experts of the Tobacco Harm Re- jury may provide for the Administrator’s period for comment on a notice of proposed duction Center and the Centers for Disease rulemaking published under subsection (c) consideration scientific evidence that dem- Control and Prevention and notice and an onstrates that the proposed standard will respecting a standard and after consider- opportunity for public comment, the Admin- ation of comments submitted under sub- not reduce or eliminate the risk of illness or istrator determines, that a reduction in injury. sections (b) and (c) and any report from the ‘‘tar’’ yield may reasonably be expected to Tobacco Products Scientific Advisory Com- (3) CONTENT OF SMOKING ARTICLE STAND- provide a meaningful reduction of the risk or ARDS.—A smoking article standard estab- mittee, if the Administrator determines that risks of harm to smokers, the Administrator the standard would be appropriate for the lished under this section for a smoking arti- shall issue an order that— cle— protection of the public health, the Adminis- (i) provides that no cigarette manufacturer trator shall— (A) may include provisions that are appro- shall manufacture for commercial distribu- priate for the protection of the public health, (A) promulgate a regulation establishing a tion domestically a cigarette that generates including provisions, where appropriate— smoking article standard and publish in the a ‘‘tar’’ yield that exceeds 14 milligrams as (i) for ‘‘tar’’ and nicotine yields of the Federal Register findings on the matters re- determined by the ISO smoking regimen and product; ferred to in subsection (c); or its associated tolerances; and (ii) for the reduction of other constituents, (B) publish a notice terminating the pro- (ii) provides a reasonable time for manu- including smoke constituents, or harmful ceeding for the development of the standard facturers to come into compliance with such components of the product; or together with the reasons for such termi- prohibition. (iii) relating to any other requirement nation. (6) INVOLVEMENT OF OTHER AGENCIES; IN- under subparagraph (B); and (2) EFFECTIVE DATE.—A regulation estab- FORMED PERSONS.—In carrying out duties (B) may, where appropriate for the protec- lishing a smoking article standard shall set tion of the public health, include— under this section, the Administrator shall forth the date or dates upon which the stand- (i) provisions respecting the construction, endeavor to— ard shall take effect, but no such regulation components, ingredients, additives, constitu- (A) use personnel, facilities, and other may take effect before 1 year after the date ents, including smoke constituents, and technical support available in other Federal of its publication unless the Administrator properties of the smoking article; agencies; determines that an earlier effective date is (ii) provisions for the testing (on a sample (B) consult with other Federal agencies necessary for the protection of the public basis or, if necessary, on an individual basis) concerned with standard setting and other health. Such date or dates shall be estab- of the smoking article; nationally or internationally recognized lished so as to minimize, consistent with the (iii) provisions for the measurement of the standard-setting entities; and public health, economic loss to, and disrup- smoking article characteristics of the smok- (C) invite appropriate participation, tion or dislocation of, domestic and inter- ing article; and through joint or other conferences, work- national trade. In establishing such effective (iv) provisions requiring that the results of shops, or other means, by informed persons date or dates, the Administrator shall con- each or of certain of the tests of the smoking representative of scientific, professional, insider information submitted in connection article required to be made under clause (ii) dustry, agricultural, or consumer organiza- with a proposed product standard by inter- show that the smoking article is in con- tions who in the Administrator’s judgment ested parties, including manufacturers and formity with the portions of the standard for can make a significant contribution. tobacco growers, regarding the technical which the test or tests were required. (b) CONSIDERATIONS BY ADMINISTRATOR.— achievability of compliance with the stand- (4) PERIODIC REEVALUATION OF SMOKING AR- (1) TECHNICAL ACHIEVABILITY.—The Admin- ard, and including information concerning TICLE STANDARDS.—The Administrator may istrator shall consider information sub- the existence of patents that make it impos- provide for periodic evaluation of smoking mitted in connection with a proposed stand- sible to comply in the timeframe envisioned article standards established under this sec- ard regarding the technical achievability of in the proposed standard. tion to determine whether such standards compliance with such standard. (3) LIMITATION ON POWER GRANTED.—Be- should be changed to reflect new medical, (2) OTHER CONSIDERATIONS.—The Adminis- cause of the importance of a decision of the scientific, or other technological data. trator shall consider all other information Administrator to issue a regulation— (5) CIGARETTE ‘‘TAR’’ LIMITS.— submitted in connection with a proposed (A) banning cigarettes, smokeless smoking (A) NO INCREASE IN ‘‘TAR’’ YIELDS.—No cig- standard, such as the creation of a signifi- articles, little cigars, cigars other than little arette manufacturer shall distribute for sale cant demand for contraband or other tobacco cigars, pipe tobacco, or roll-your-own smok- domestically a brand style of cigarettes that products that do not meet the requirements ing articles; generates a ‘‘tar’’ yield greater than the of this Act and the significance of such de- (B) requiring the reduction of ‘‘tar’’ or nic- ‘‘tar’’ yield of that brand style of cigarettes mand. otine yields of a smoking article to zero; on the date of introduction of this Act, as de- (c) PROPOSED STANDARDS.— (C) prohibiting the sale of any smoking ar- termined by the ISO smoking regimen and (1) IN GENERAL.—The Administrator shall ticle in face-to-face transactions by a spe- its associated tolerances. The ‘‘tar’’ toler- publish in the Federal Register a notice of cific category of retail outlets; ances for cigarettes with ISO ‘‘tar’’ yields in proposed rulemaking for the establishment, (D) establishing a minimum age of sale of the range of 1 to 20 milligrams per cigarette, amendment, or revocation of any smoking smoking articles to any person older than 18 based on variations arising from sampling article standard. years of age; or procedure, test method, and sampled prod- (2) REQUIREMENTS OF NOTICE.—A notice of (E) requiring that the sale or distribution uct, itself, are the greater of plus or minus— proposed rulemaking for the establishment of a smoking article be limited to the writ- (i) 15 percent; or or amendment of a smoking article standard ten or oral authorization of a practitioner li- (ii) 1 milligram per cigarette. shall— censed by law to prescribe medical products, (B) LIMIT ON NEW CIGARETTES.—After the (A) set forth a finding with supporting jus- the Administrator is prohibited from taking effective date of this Act, no cigarette manu- tification that the smoking article standard such actions under this Act.

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(4) MATCHBOOKS.—For purposes of any reg- the Administrator may issue such order as SEC. 114. APPLICATION FOR REVIEW OF CERTAIN ulations issued by the Administrator under may be necessary to assure that adequate SMOKING ARTICLES. this Act, matchbooks of conventional size notification is provided in an appropriate (a) IN GENERAL.— containing not more than 20 paper matches, form, by the persons and means best suited (1) NEW SMOKING ARTICLE DEFINED.—For and which are customarily given away for under the circumstances involved, to all per- purposes of this section the term ‘‘new free with the purchase of smoking articles, sons who should properly receive such notifi- smoking article’’ means— shall be considered as adult-written publica- cation in order to eliminate such risk. The (A) any smoking article that was not com- tions which shall be permitted to contain ad- Administrator may order notification by any mercially marketed in the United States as vertising. appropriate means, including public service of the date of enactment of this Act; and (5) AMENDMENT; REVOCATION.— announcements. Before issuing an order (B) any smoking article that incorporates (A) AUTHORITY.—The Administrator, upon under this subsection, the Administrator a significant modification (including changes the Administrator’s own initiative or upon shall consult with the persons who are to in design, component, part, or constituent, petition of an interested person, may by a give notice under the order. including a smoke constituent, or in the con- regulation, promulgated in accordance with (b) NO EXEMPTION FROM OTHER LIABILITY.— tent, delivery or form of nicotine, or other the requirements of subsection (c) and para- Compliance with an order issued under this additive or ingredient) of a smoking article graph (2), amend or revoke a smoking article section shall not relieve any person from li- where the modified product was commer- standard. ability under Federal or State law. In award- cially marketed in the United States after ing damages for economic loss in an action the date of enactment of this Act. (B) EFFECTIVE DATE.—The Administrator brought for the enforcement of any such li- REMARKET REVIEW REQUIRED.— may declare a proposed amendment of a (2) P ability, the value to the plaintiff in such ac- (A) NEW PRODUCTS.—An order under sub- smoking article standard to be effective on tion of any remedy provided under such section (c)(1)(A) for a new smoking article is and after its publication in the Federal Reg- order shall be taken into account. required unless the product— ister and until the effective date of any final (c) RECALL AUTHORITY.— (i) is substantially equivalent to a smoking action taken on such amendment if the Ad- (1) IN GENERAL.—If the Administrator finds article commercially marketed in the United ministrator determines that making it so ef- that there is a reasonable probability that a States as of date of enactment of this Act; fective is in the public interest. tobacco product contains a manufacturing or and (6) REFERRAL TO ADVISORY COMMITTEE.— other defect not ordinarily contained in to- (ii) is in compliance with the requirements (A) IN GENERAL.—The Administrator shall bacco products on the market that would of this Act. refer a proposed regulation for the establish- cause serious, acute adverse health con- (B) CONSUMER TESTING.—This section shall ment, amendment, or revocation of a smok- sequences or death, the Administrator shall not apply to smoking articles that are pro- ing article standard to the Tobacco Products issue an order requiring the appropriate per- vided to adult tobacco consumers for pur- Scientific Advisory Committee for a report son (including the manufacturers, importers, poses of consumer testing. For purposes of and recommendation with respect to any distributors, or retailers of the tobacco prod- this section, the term ‘‘consumer testing’’ matter involved in the proposed regulation uct) to immediately cease distribution of means an assessment of smoking articles which requires the exercise of scientific such tobacco product. The order shall pro- that is conducted by or under the control judgment. vide the person subject to the order with an and direction of a manufacturer for the pur- (B) INITIATION OF REFERRAL.—The Adminis- opportunity for an informal hearing, to be pose of evaluating consumer acceptance of trator shall make a referral under this para- held not later than 10 days after the date of such smoking articles, utilizing only the graph— the issuance of the order, on the actions re- quantity of cigarettes that is reasonably (i) on the Administrator’s own initiative; quired by the order and on whether the order necessary for such assessment or should be amended to require a recall of such (3) SUBSTANTIALLY EQUIVALENT DEFINED.— (ii) upon the request of an interested per- tobacco product. If, after providing an oppor- (A) IN GENERAL.—In this section, the term son that— tunity for such a hearing, the Administrator ‘‘substantially equivalent’’ or ‘‘substantial (I) demonstrates good cause for the refer- determines that inadequate grounds exist to equivalence’’ means, with respect to the ral; and support the actions required by the order, smoking article being compared to the predi- (II) is made before the expiration of the pe- the Administrator shall vacate the order. cate smoking article, that the Administrator riod for submission of comments on the pro- (2) AMENDMENT OF ORDER TO REQUIRE RE- by order has found that the smoking arti- posed regulation. CALL.— cle— (C) PROVISION OF DATA.—If a proposed regu- (A) IN GENERAL.—If, after providing an op- (i) has the same general characteristics as lation is referred under this paragraph to the portunity for an informal hearing under the predicate smoking article; or Tobacco Products Scientific Advisory Com- paragraph (1), the Administrator determines (ii) has different characteristics and the in- mittee, the Administrator shall provide the that the order should be amended to include formation submitted contains information, Advisory Committee with the data and infor- a recall of the tobacco product with respect including clinical data if deemed necessary mation on which such proposed regulation is to which the order was issued, the Adminis- by the Administrator, that demonstrates based. trator shall, except as provided in subpara- that it is not appropriate to regulate the (D) REPORT AND RECOMMENDATION.—The graph (B), amend the order to require a re- product under this section because the prod- Tobacco Products Scientific Advisory Com- call. The Administrator shall specify a time- uct does not raise different questions of pub- mittee shall, within 90 days after the referral table in which the tobacco product recall lic health for the consumer of the product. of a proposed regulation under this para- will occur and shall require periodic reports (B) CHARACTERISTICS.—In subparagraph graph and after independent study of the to the Administrator describing the progress (A), the term ‘‘characteristics’’ means the data and information furnished to it by the of the recall. materials, ingredients, design, composition, Administrator and other data and informa- (B) NOTICE.—An amended order under sub- heating source, or other features of a smok- tion before it, submit to the Administrator a paragraph (A)— ing article. report and recommendation respecting such (i) shall not include recall of a tobacco (C) LIMITATION.—A smoking article may regulation, together with all underlying data product from individuals; and not be found to be substantially equivalent and information and a statement of the rea- (ii) shall provide for notice to persons sub- to a predicate smoking article that has been son or basis for the recommendation. ject to the risks associated with the use of removed from the market at the initiative of (E) PUBLIC AVAILABILITY.—The Adminis- such tobacco product. the Administrator or that has been deter- trator shall make a copy of each report and In providing the notice required by clause mined by a judicial order to be misbranded recommendation under subparagraph (D) (ii), the Administrator may use the assist- or adulterated. publicly available. ance of retailers and other persons who dis- (4) HEALTH INFORMATION.—As part of a sub- SEC. 112. NOTIFICATION AND OTHER REMEDIES. tributed such tobacco product. If a signifi- mission respecting a smoking article, the (a) NOTIFICATION.—If the Administrator de- cant number of such persons cannot be iden- person required to file a premarket notifica- termines that— tified, the Administrator shall notify such tion shall provide an adequate summary of (1) a tobacco product which is introduced persons under section 705(b). any health information related to the smok- or delivered for introduction into interstate (3) REMEDY NOT EXCLUSIVE.—The remedy ing article or state that such information commerce for commercial distribution pre- provided by this subsection shall be in addi- will be made available upon request by any sents an unreasonable risk of substantial tion to remedies provided by subsection (a). person. harm materially above the risk for death and SEC. 113. RECORDS AND REPORTS ON TOBACCO (b) APPLICATION.— disease of tobacco products currently in PRODUCTS. (1) CONTENTS.—An application under this interstate commerce, to the public health; Every person who is a tobacco product section shall contain— and manufacturer or importer of a tobacco prod- (A) full reports of all information, pub- (2) notification under this subsection is uct shall establish and maintain such lished or known to, or which should reason- necessary to eliminate the unreasonable risk records, make such reports, and provide such ably be known to, the applicant, concerning of such harm and no more practicable means information, as the Administrator may by investigations which have been made to is available under the provisions of this Act regulation reasonably require to assure that show the health risks of such smoking arti- (other than this section) to eliminate such such tobacco product is not adulterated or cle and whether such smoking article pre- risk, misbranded. sents less risk than other smoking articles;

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(B) a full statement of the components, in- (3) DENIAL INFORMATION.—Any denial of an withdrawal, obtain review thereof in accord- gredients, additives, and properties, and of application shall, insofar as the Adminis- ance with section 116. the principle or principles of operation, of trator determines to be practicable, be ac- (3) TEMPORARY SUSPENSION.—If, after pro- such smoking article; companied by a statement informing the ap- viding an opportunity for an informal hear- (C) a full description of the methods used plicant of the measures required to remove ing, the Administrator determines there is in, and the facilities and controls used for, such application from deniable form (which reasonable probability that the continuation the manufacture, processing, and, when rel- measures may include further research by of distribution of a smoking article under an evant, packing and installation of, such the applicant in accordance with 1 or more order would cause serious, adverse health smoking article; protocols prescribed by the Administrator). consequences or death, that is greater than (D) an identifying reference to any smok- (4) BASIS FOR FINDING.—For purposes of ordinarily caused by smoking articles on the ing article standard under section 111 which this section, the finding as to whether the market, the Administrator shall by order would be applicable to any aspect of such commercial introduction of a smoking arti- temporarily suspend the authority of the smoking article, and either adequate infor- cle for which an application has been sub- manufacturer to market the product. If the mation to show that such aspect of such mitted is appropriate for the protection of Administrator issues such an order, the Ad- smoking article fully meets such smoking the public health shall be determined with ministrator shall proceed expeditiously article standard or adequate information to respect to the risks and benefits to the users under paragraph (1) to withdraw such appli- justify any deviation from such standard; of the smoking article, and taking into ac- cation. (E) such samples of such smoking article count whether such commercial introduction (e) SERVICE OF ORDER.—An order issued by and of components thereof as the Adminis- is reasonably likely to increase the morbidly the Administrator under this section shall be trator may reasonably require; and mortality among individual tobacco served— (F) specimens of the labeling proposed to users. (1) in person by any officer or employee of be used for such smoking article; and (d) WITHDRAWAL AND TEMPORARY SUSPEN- the department designated by the Adminis- (G) such other information relevant to the SION.— trator; or subject matter of the application as the Ad- (1) IN GENERAL.—The Administrator shall, (2) by mailing the order by registered mail ministrator may require. upon obtaining, where appropriate, advice on or certified mail addressed to the applicant (2) REFERRAL TO TOBACCO PRODUCTS SCI- scientific matters from the Tobacco Prod- at the applicant’s last known address in the ENTIFIC ADVISORY COMMITTEE.—Upon receipt ucts Scientific Advisory Committee, and records of the Administrator. of an application meeting the requirements after due notice and opportunity for infor- (f) RECORDS.— set forth in paragraph (1), the Adminis- mal hearing for a smoking article for which (1) ADDITIONAL INFORMATION.—In the case trator— an order was issued under subsection of any smoking article for which an order (A) may, on the Administrator’s own ini- (c)(1)(A), issue an order withdrawing the issued pursuant to subsection (c)(1)(A) for an tiative; or order if the Administrator finds— application filed under subsection (b) is in ef- (B) may, upon the request of an applicant, (A) that the continued marketing of such fect, the applicant shall establish and main- refer such application to the Tobacco Prod- smoking article no longer is appropriate for tain such records, and make such reports to ucts Scientific Advisory Committee for ref- the protection of the public health; the Administrator, as the Administrator erence and for submission (within such pe- (B) that the application contained or was may by regulation, or by order with respect riod as the Administrator may establish) of accompanied by an untrue statement of a to such application, prescribe on the basis of a report and recommendation respecting the material fact; a finding that such records and reports are application, together with all underlying (C) that the applicant— necessary in order to enable the Adminis- data and the reasons or basis for the rec- (i) has failed to establish a system for trator to determine, or facilitate a deter- ommendation. maintaining records, or has repeatedly or de- mination of, whether there is or may be (c) ACTION ON APPLICATION.— liberately failed to maintain records or to grounds for withdrawing or temporarily sus- (1) DEADLINE.—As promptly as possible, make reports, required by an applicable reg- pending such order. but in no event later than 90 days after the ulation under section 113; or (2) ACCESS TO RECORDS.—Each person re- receipt of an application under subsection (ii) has refused to permit access to, or quired under this section to maintain (b), the Administrator, after considering the copying or verification of, such records as re- records, and each person in charge of custody report and recommendation submitted under quired by section 110; or thereof, shall, upon request of an officer or subsection (b)(2), shall— (D) on the basis of new information before employee designated by the Administrator, (A) issue an order that the new product the Administrator with respect to such permit such officer or employee at all rea- may be introduced or delivered for introduc- smoking article, evaluated together with the sonable times to have access to and copy and tion into interstate commerce if the Admin- evidence before the Administrator when the verify such records. istrator finds that none of the grounds speci- application was reviewed, that the methods (g) INVESTIGATIONAL SMOKING ARTICLE EX- fied in paragraph (2) of this subsection ap- used in, or the facilities and controls used EMPTION FOR INVESTIGATIONAL USE.—The Ad- plies; or for, the manufacture, processing, packing, or ministrator may exempt smoking articles (B) issue an order that the new product installation of such smoking article do not intended for investigational use from the may not be introduced or delivered for intro- conform with the requirements of section provisions of this Act under such conditions duction into interstate commerce if the Ad- 110(e) and were not brought into conformity as the Administrator may by regulation pre- ministrator finds (and sets forth the basis for with such requirements within a reasonable scribe. such finding as part of or accompanying such time after receipt of written notice from the denial) that 1 or more grounds for denial Administrator of nonconformity; SEC. 115. MODIFIED RISK TOBACCO PRODUCTS. specified in paragraph (2) of this subsection (E) on the basis of new information before (a) IN GENERAL.—No person may introduce apply. the Administrator, evaluated together with or deliver for introduction into interstate (2) DENIAL OF APPLICATION.—The Adminis- the evidence before the Administrator when commerce any modified risk tobacco product trator shall deny an application submitted the application was reviewed, that the label- unless an order issued pursuant to sub- under subsection (b) if, upon the basis of the ing of such smoking article, based on a fair section (g) is effective with respect to such information submitted to the Administrator evaluation of all material facts, is false or product. as part of the application and any other in- misleading in any particular and was not (b) DEFINITIONS.—In this section: formation before the Administrator with re- corrected within a reasonable time after re- (1) MODIFIED RISK TOBACCO PRODUCT.—The spect to such smoking article, the Adminis- ceipt of written notice from the Adminis- term ‘‘modified risk tobacco product’’ means trator finds that— trator of such fact; or any tobacco product that is sold or distrib- (A) there is a lack of a showing that per- (F) on the basis of new information before uted for use to reduce harm or the risk of to- mitting such smoking article to be marketed the Administrator, evaluated together with bacco-related disease associated with com- would be appropriate for the protection of the evidence before the Administrator when mercially marketed tobacco products. the public health; such order was issued, that such smoking ar- (2) SOLD OR DISTRIBUTED.— (B) the methods used in, or the facilities or ticle is not shown to conform in all respects (A) IN GENERAL.—With respect to a tobacco controls used for, the manufacture, proc- to a smoking article standard which is in ef- product, the term ‘‘sold or distributed for essing, or packing of such smoking article do fect under section 111, compliance with use to reduce harm or the risk of tobacco-re- not conform to the requirements of section which was a condition to the issuance of an lated disease associated with commercially 110(e); order relating to the application, and that marketed tobacco products’’ means a to- (C) based on a fair evaluation of all mate- there is a lack of adequate information to bacco product— rial facts, the proposed labeling is false or justify the deviation from such standard. (i) the label, labeling, or advertising of misleading in any particular; or (2) APPEAL.—The holder of an application which represents explicitly or implicitly (D) such smoking article is not shown to subject to an order issued under paragraph that— conform to a smoking article standard in ef- (1) withdrawing an order issued pursuant to (I) the tobacco product presents a lower fect under section 111, and there is a lack of subsection (c)(1)(A) may, by petition filed on risk of tobacco-related disease or is less adequate information to justify the devi- or before the 30th day after the date upon harmful than one or more other commer- ation from such standard. which such holder receives notice of such cially marketed tobacco products;

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(III) the tobacco product or its smoke does (g) MARKETING.— (3) BASIS.—The determinations under para- not contain or is free of a substance; (1) MODIFIED RISK PRODUCTS.—Except as graphs (1) and (2) shall be based on— (ii) the label, labeling, or advertising of provided in paragraph (2), the Administrator (A) the scientific evidence submitted by which uses the descriptors ‘‘light’’, ‘‘mild’’, shall, with respect to an application sub- the applicant; and ‘‘low’’, ‘‘medium’’, ‘‘ultra light’’, ‘‘low tar’’ mitted under this section, issue an order (B) scientific evidence and other informa- or ‘‘ultra low tar’’; or that a modified risk product may be com- tion that is made available to the Adminis- (iii) the tobacco product manufacturer of mercially marketed only if the Adminis- trator. (h) ADDITIONAL CONDITIONS FOR MAR- which has taken any action directed to con- trator determines that the applicant has KETING.— sumers through the media or otherwise, demonstrated that such product, as it is ac- (1) MODIFIED RISK PRODUCTS.—The Adminis- other than by means of the tobacco product’s tually used by consumers, will— trator shall require for the marketing of a label, labeling, or advertising, after the date (A) significantly reduce harm and the risk product under this section that any adver- of enactment of the Act, respecting the prod- of tobacco-related disease to individual to- tising or labeling concerning modified risk uct that would be reasonably expected to re- bacco users; and sult in consumers believing that the tobacco products enable the public to comprehend (B) is reasonably likely to result in meas- the information concerning modified risk product or its smoke may present a lower urable and substantial reductions in mor- risk of disease or is less harmful than one or and to understand the relative significance bidity and mortality among individual to- of such information in the context of total more commercially marketed tobacco prod- bacco users. ucts, or presents a reduced exposure to, or health and in relation to all of the diseases (2) SPECIAL RULE FOR CERTAIN PRODUCTS.— and health-related conditions associated does not contain or is free of, a substance or (A) IN GENERAL.—The Administrator may substances. with the use of tobacco products. issue an order that a tobacco product may be (2) COMPARATIVE CLAIMS.— (B) LIMITATION.—No tobacco product shall introduced or delivered for introduction into be considered to be ‘‘sold or distributed for (A) IN GENERAL.—The Administrator may interstate commerce, pursuant to an applica- require for the marketing of a product under use to reduce harm or the risk of tobacco-re- tion under this section, with respect to a to- lated disease associated with commercially this subsection that a claim comparing a tobacco product that may not be commercially bacco product to other commercially mar- marketed tobacco products’’, except as de- marketed under paragraph (1) if the Sec- scribed in subparagraph (A). keted tobacco products shall compare the to- retary makes the findings required under bacco product to a commercially marketed (C) SMOKELESS TOBACCO PRODUCT.—No this paragraph and determines that the ap- smokeless tobacco product shall be consid- tobacco product that is representative of plicant has demonstrated that— that type of tobacco product on the market ered to be ‘‘sold or distributed for use to re- (i) such order would be appropriate to produce harm or the risk of tobacco-related dis- (for example the average value of the top 3 mote the public health; brands of an established regular tobacco ease associated with commercially marketed (ii) any aspect of the label, labeling, and tobacco products’’. product). advertising for such product that would (B) QUANTITATIVE COMPARISONS.—The Ad- (3) EFFECTIVE DATE.—The provisions of cause the tobacco product to be a modified ministrator may also require, for purposes of paragraph (2)(A)(ii) shall take effect 12 risk tobacco product under subsection (b) is months after the date of enactment of the subparagraph (A), that the percent (or frac- limited to an explicit or implicit representation) of change and identity of the reference Act. tion that such tobacco product or its smoke (c) TOBACCO DEPENDENCE PRODUCTS.—A tobacco product and a quantitative compari- does not contain or is free of a substance or son of the amount of the substance claimed product that is intended to be used for the contains a reduced level of a substance, or treatment of tobacco dependence, including to be reduced shall be stated in immediate presents a reduced exposure to a substance proximity to the most prominent claim. smoking cessation, is not a modified risk to- in tobacco smoke; bacco product under this section if it has (i) POSTMARKET SURVEILLANCE AND STUD- (iii) scientific evidence is not available been approved as a drug or device by the IES.— and, using the best available scientific meth- Center and is subject to the requirements of (1) IN GENERAL.—The Administrator shall ods, cannot be made available without con- chapter V. require, with respect to a product for which ducting long-term epidemiological studies (d) FILING.—Any person may file with the an applicant obtained an order under sub- Administrator an application for a modified for an application to meet the standards set section (g)(1), that the applicant conduct risk tobacco product. Such application shall forth in paragraph (1); and postmarket surveillance and studies for such include— (iv) the scientific evidence that is available a tobacco product to determine the impact of (1) a description of the proposed product without conducting long-term epidemiolog- the order issuance on consumer perception, and any proposed advertising and labeling; ical studies demonstrates that a measurable behavior, and health, to enable the Adminis- (2) the conditions for using the product; and substantial reduction in morbidity or trator to review the accuracy of the deter- (3) the formulation of the product; mortality among individual tobacco users is minations upon which the order was based, (4) sample product labels and labeling; reasonably likely in subsequent studies. and to provide information that the Admin- (5) all documents (including underlying (B) ADDITIONAL FINDINGS REQUIRED.—To istrator determines is otherwise necessary scientific information) relating to research issue an order under subparagraph (A) the regarding the use or health risks involving findings conducted, supported, or possessed Administrator must also find that the appli- the tobacco product. The results of by the tobacco product manufacturer relat- cant has demonstrated that— postmarket surveillance and studies shall be ing to the effect of the product on tobacco- (i) the magnitude of the overall reductions submitted to the Administrator on an an- related diseases and health-related condi- in exposure to the substance or substances nual basis. tions, including information both favorable which are the subject of the application is (2) SURVEILLANCE PROTOCOL.—Each appli- and unfavorable to the ability of the product substantial, such substance or substances cant required to conduct a surveillance of a to reduce risk or exposure and relating to are harmful, and the product as actually tobacco product under paragraph (1) shall, human health; used exposes consumers to the specified re- within 30 days after receiving notice that the (6) data and information on how consumers duced level of the substance or substances; applicant is required to conduct such surveil- actually use the tobacco product; and (ii) the product as actually used by con- lance, submit, for the approval of the Admin- (7) such other information as the Adminis- sumers will not expose them to higher levels istrator, a protocol for the required surveil- trator may require. of other harmful substances compared to the lance. The Administrator, within 30 days of (e) PUBLIC AVAILABILITY.—The Adminis- similar types of tobacco products then on the receipt of such protocol, shall determine trator shall make the application described the market unless such increases are mini- if the principal investigator proposed to be in subsection (d) publicly available (except mal and the reasonably likely overall impact used in the surveillance has sufficient quali- matters in the application which are trade of use of the product remains a substantial fications and experience to conduct such sur- secrets or otherwise confidential, commer- and measurable reduction in overall mor- veillance and if such protocol will result in cial information) and shall request com- bidity and mortality among individual to- collection of the data or other information ments by interested persons on the informa- bacco users; designated by the Administrator as nec- tion contained in the application and on the (iii) testing of actual consumer perception essary to protect the public health. label, labeling, and advertising accom- shows that, as the applicant proposes to (j) WITHDRAWAL OF AUTHORIZATION.—The panying such application. label and market the product, consumers Administrator, after an opportunity for an (f) ADVISORY COMMITTEE.— will not be misled into believing that the informal hearing, shall withdraw an order (1) IN GENERAL.—The Administrator shall product— under subsection (g) if the Administrator de- refer to the Tobacco Products Scientific Ad- (I) is or has been demonstrated to be sig- termines that— visory Committee any application submitted nificantly less harmful; or (1) the applicant, based on new informa- under this section. (II) presents or has been demonstrated to tion, can no longer make the demonstrations (2) RECOMMENDATIONS.—Not later than 60 present significant less of a risk of disease required under subsection (g), or the Admin- days after the date an application is referred than other commercially marketed tobacco istrator can no longer make the determina- to the Tobacco Products Scientific Advisory products; and tions required under subsection (g);

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.053 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4355 (2) the application failed to include mate- (A) the promulgation of a regulation under shall promulgate regulations under this Act rial information or included any untrue section 111 establishing, amending, or revok- that meet the requirements of subsection (b). statement of material fact; ing a tobacco product standard; or (b) CONTENTS OF RULES.—The regulations (3) any explicit or implicit representation (B) a denial of an application under section promulgated under subsection (a)— that the product reduces risk or exposure is 114(c), (1) shall require annual testing and report- no longer valid, including if— any person adversely affected by such regu- ing of tobacco product constituents, ingredi- (A) a tobacco product standard is estab- lation or denial may file a petition for judi- ents, and additives, including smoke con- lished pursuant to section 111; cial review of such regulation or denial with stituents, by brand style that the Adminis- (B) an action is taken that affects the risks the United States Court of Appeals for the trator determines should be tested to protect presented by other commercially marketed District of Columbia or for the circuit in the public health, provided that, for purposes tobacco products that were compared to the which such person resides or has their prin- of the testing requirements of this para- product that is the subject of the applica- cipal place of business. graph, tobacco products manufactured and tion; or (2) REQUIREMENTS.— sold by a single tobacco product manufac- (C) any postmarket surveillance or studies (A) COPY OF PETITION.—A copy of the peti- turer that are identical in all respects except reveal that the order is no longer consistent tion filed under paragraph (1) shall be trans- the labels, packaging design, logo, trade with the protection of the public health; mitted by the clerk of the court involved to dress, trademark, brand name, or any com- (4) the applicant failed to conduct or sub- the Administrator. bination thereof, shall be considered as a sin- mit the postmarket surveillance and studies (B) RECORD OF PROCEEDINGS.—On receipt of gle brand style; and required under subsection (g)(2)(C)(ii) or sub- a petition under subparagraph (A), the Ad- (2) may require that tobacco product man- section (i); or ministrator shall file in the court in which ufacturers, packagers, or importers make (5) the applicant failed to meet a condition such petition was filed— disclosures relating to the results of the imposed under subsection (h). (i) the record of the proceedings on which testing of tar and nicotine through labels or (k) CHAPTER IV OR V.—A product for which the regulation or order was based; and advertising. the Administrator has issued an order pursu- (ii) a statement of the reasons for the ant to subsection (g) shall not be subject to issuance of such a regulation or order. (c) AUTHORITY.—The Administrator shall chapter IV or V of the Federal Food, Drug, (C) DEFINITION OF RECORD.—In this section, have the authority under this Act to conduct and Cosmetic Act. the term ‘‘record’’ means— or to require the testing, reporting, or dis- (l) IMPLEMENTING REGULATIONS OR GUID- (i) all notices and other matter published ANCE.— closure of tobacco product constituents, in- in the Federal Register with respect to the (1) SCIENTIFIC EVIDENCE.—Not later than 2 cluding smoke constituents. regulation or order reviewed; years after the date of enactment of the Act, (d) JOINT LABORATORY TESTING SERVICES.— (ii) all information submitted to the Ad- the Administrator shall issue regulations or The Administrator shall allow any 2 or more guidance (or any combination thereof) on the ministrator with respect to such regulation or order; tobacco product manufacturers to join to- scientific evidence required for assessment gether to purchase laboratory testing serv- and ongoing review of modified risk tobacco (iii) proceedings of any panel or advisory committee with respect to such regulation ices required by this section on a group basis products. Such regulations or guidance in order to ensure that such manufacturers shall— or order; receive access to, and fair pricing of, such (A) to the extent that adequate scientific (iv) any hearing held with respect to such testing services. evidence exists, establish minimum stand- regulation or order; and ards for scientific studies needed prior to (v) any other information identified by the (e) EXTENSIONS FOR LIMITED LABORATORY issuing an order under subsection (g) to show Administrator, in the administrative pro- CAPACITY.— a reasonable likelihood that a substantial re- ceeding held with respect to such regulation (1) IN GENERAL.—The regulations promul- duction in morbidity or mortality among in- or order, as being relevant to such regulation gated under subsection (a) shall provide that dividual tobacco users occurs for products or order. a tobacco product manufacturer shall not be described in subsection (g)(1) or is reason- (b) STANDARD OF REVIEW.—Upon the filing considered to be in violation of this section ably likely for products described in sub- of the petition under subsection (a) for judi- before the applicable deadline, if— section (g)(2); cial review of a regulation or order, the (A) the tobacco products of such manufac- (B) include validated biomarkers, inter- court shall have jurisdiction to review the turer are in compliance with all other remediate clinical endpoints, and other fea- regulation or order in accordance with chap- quirements of this Act; and sible outcome measures, as appropriate; ter 7 of title 5, United States Code, and to (B) the conditions described in paragraph (C) establish minimum standards for grant appropriate relief, including interim (2) are met. postmarket studies, that shall include reg- relief, as provided for in such chapter. A reg- (2) CONDITIONS.—Notwithstanding the re- ular and long-term assessments of health ulation or denial described in subsection (a) quirements of this section, the Adminis- outcomes and mortality, intermediate clin- shall be reviewed in accordance with section trator may delay the date by which a to- ical endpoints, consumer perception of harm 706(2)(A) of title 5, United States Code. bacco product manufacturer must be in com- reduction, and the impact on quitting behav- (c) FINALITY OF JUDGMENT.—The judgment pliance with the testing and reporting re- ior and new use of tobacco products, as ap- of the court affirming or setting aside, in quired by this section until such time as the propriate; whole or in part, any regulation or order testing is reported if, not later than 90 days (D) establish minimum standards for re- shall be final, subject to review by the Su- before the deadline for reporting in accord- quired postmarket surveillance, including preme Court of the United States upon cer- ance with this section, a tobacco product ongoing assessments of consumer perception; tiorari or certification, as provided in sec- manufacturer provides evidence to the Ad- and tion 1254 of title 28, United States Code. ministrator demonstrating that— (E) establish a reasonable timetable for the (d) OTHER REMEDIES.—The remedies pro- (A) the manufacturer has submitted the re- Administrator to review an application vided for in this section shall be in addition quired products for testing to a laboratory under this section. to, and not in lieu of, any other remedies and has done so sufficiently in advance of (2) CONSULTATION.—The regulations or provided by law. the deadline to create a reasonable expecta- guidance issued under paragraph (1) may be (e) REGULATIONS AND ORDERS MUST RECITE tion of completion by the deadline; developed in consultation with the Institute BASIS IN RECORD.—To facilitate judicial re- (B) the products currently are awaiting of Medicine, and with the input of other ap- view, a regulation or order issued under sec- testing by the laboratory; and propriate scientific and medical experts, on tion 110, 111, 112, 113, 114, or 119 shall contain (C) neither that laboratory nor any other the design and conduct of such studies and a statement of the reasons for the issuance laboratory is able to complete testing by the surveillance. of such regulation or order in the record of deadline at customary, nonexpedited testing (3) REVISION.—The regulations or guidance the proceedings held in connection with its fees. under paragraph (1) shall be revised on a reg- issuance. (3) EXTENSION.—The Administrator, taking ular basis as new scientific information be- SEC. 117. JURISDICTION OF AND COORDINATION into account the laboratory testing capacity comes available. WITH THE FEDERAL TRADE COMMIS- that is available to tobacco product manu- (4) NEW TOBACCO PRODUCTS.—Not later than SION. facturers, shall review and verify the evi- 2 years after the date of enactment of the Except where expressly provided in this dence submitted by a tobacco product manu- Act, the Administrator shall issue a regula- Act, nothing in this Act shall be construed facturer in accordance with paragraph (2). If tion or guidance that permits the filing of a as limiting or diminishing the authority of the Administrator finds that the conditions single application for any tobacco product the Federal Trade Commission to enforce the described in such paragraph are met, the Ad- that is a new tobacco product under section laws under its jurisdiction with respect to ministrator shall notify the tobacco product 114 and which the applicant seeks to com- the advertising, sale, or distribution of to- manufacturer that the manufacturer shall mercially market under this section. bacco products. not be considered to be in violation of the SEC. 116. JUDICIAL REVIEW. SEC. 118. REGULATION REQUIREMENT. testing and reporting requirements of this (a) RIGHT TO REVIEW.— (a) TESTING, REPORTING, AND DISCLOSURE.— section until the testing is reported or until (1) IN GENERAL.—Not later than 60 days Not later than 36 months after the date of 1 year after the reporting deadline has after— enactment of the Act, the Administrator passed, whichever occurs sooner. If, however,

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the Administrator has not made a finding be- (A) MEMBERS.—The Administrator shall by section 5703 of title 5, United States Code, fore the reporting deadline, the manufac- appoint as members of the Tobacco Harm for persons in the Government service em- turer shall not be considered to be in viola- Reduction Advisory Committee individuals ployed intermittently. tion of such requirements until the Adminis- who are technically qualified by training and (2) ADMINISTRATIVE SUPPORT.—The Admin- trator finds that the conditions described in experience in medicine, medical ethics, istrator shall furnish the Advisory Com- paragraph (2) have not been met, or until 1 science, or technology involving the manu- mittee clerical and other assistance. year after the reporting deadline, whichever facture, evaluation, or use of tobacco prod- (3) NONAPPLICATION OF FACA.—Section 14 of occurs sooner. ucts, who are of appropriately diversified the Federal Advisory Committee Act does (4) ADDITIONAL EXTENSION.—In addition to professional backgrounds. The committee not apply to the Advisory Committee. the time that may be provided under para- shall be composed of— (e) PROCEEDINGS OF ADVISORY PANELS AND graph (3), the Administrator may provide (i) 6 individuals who are physicians, den- COMMITTEES.—The Advisory Committee shall further extensions of time, in increments of tists, scientists, or health care professionals no more than 1 year, for required testing and practicing in the area of oncology, make and maintain a transcript of any pro- reporting to occur if the Administrator de- pulmonology, cardiology, toxicology, phar- ceeding of the panel or committee. Each termines, based on evidence properly and macology, addiction, or any other relevant such panel and committee shall delete from timely submitted by a tobacco product man- specialty; any transcript made under this subsection ufacturer in accordance with paragraph (2), (ii) 2 individuals who are an officer or em- information which is exempt from disclosure that a lack of available laboratory capacity ployee of a State or local government or of under section 552(b) of title 5, United States prevents the manufacturer from completing the Federal Government; Code. the required testing during the period de- (iii) 2 representatives of the general public; scribed in paragraph (3). (iv) 2 representatives of the interests of the SEC. 121. DRUG PRODUCTS USED TO TREAT TO- BACCO DEPENDENCE. (f) RULE OF CONSTRUCTION.—Nothing in tobacco manufacturing industry; (v) 1 representative of the interests of the subsection (d) or (e) shall be construed to au- (a) REPORT ON INNOVATIVE PRODUCTS.— small business tobacco manufacturing indus- thorize the extension of any deadline, or to (1) IN GENERAL.—Not later than 3 years otherwise affect any timeframe, under any try, which position may be filled on a rotat- after the date of enactment of this Act, the provision of this Act other than this section. ing, sequential basis by representatives of Administrator, after consultation with rec- different small business tobacco manufactur- SEC. 119. PRESERVATION OF STATE AND LOCAL ognized scientific, medical, and public health ers based on areas of expertise relevant to AUTHORITY. experts (including both Federal agencies and the topics being considered by the Advisory (a) IN GENERAL.— nongovernmental entities, the Institute of Committee; (1) PRESERVATION.—Except as provided in Medicine of the National Academy of (vi) 1 individual as a representative of the paragraph (2)(A), nothing in this Act, or Sciences, and the Society for Research on interests of the tobacco growers; and rules promulgated under this Act, shall be Nicotine and Tobacco), shall submit to the (vii) 1 individual who is an expert in illicit construed to limit the authority of a Federal Congress a report that examines how best to trade of tobacco products. agency (including the Armed Forces), a promote, and encourage the development and (B) CONFLICTS OF INTEREST.—No members State or political subdivision of a State, or of the committee, other than members ap- use by current tobacco users of innovative the government of an Indian tribe to enact, pointed pursuant to clauses (iv), (v), and (vi) tobacco and nicotine products and treat- adopt, promulgate, and enforce any law, of subparagraph (A) shall, during the mem- ments (including nicotine-based and non-nic- rule, regulation, or other measure with re- ber’s tenure on the committee or for the 18- otine-based products and treatments) to bet- spect to tobacco products that is in addition month period prior to becoming such a mem- ter achieve, in a manner that best protects to requirements established under this Act, ber, receive any salary, grants, or other pay- and promotes the public health— including a law, rule, regulation, or other ments or support from any business that (A) total abstinence from tobacco use; measure relating to or prohibiting the sale, manufactures, distributes, markets, or sells (B) reductions in consumption of tobacco; distribution, possession, or use of tobacco cigarettes or other tobacco products or gov- and products by individuals of any age, informa- ernment agency with any form of jurisdic- (C) reductions in the harm associated with tion reporting to the State. No provision of tion over tobacco products. continued tobacco use by moving current this Act shall limit or otherwise affect any users to noncombustible tobacco products. (2) LIMITATION.—The Administrator may State, Tribal, or local taxation of tobacco not appoint to the Advisory Committee any (2) RECOMMENDATIONS.—The report under products. individual who is in the regular full-time paragraph (1) shall include the recommenda- (2) PREEMPTION OF CERTAIN STATE AND employ of the Tobacco Harm Reduction Cen- tions of the Administrator on how the To- LOCAL REQUIREMENTS.— ter or any agency responsible for the en- bacco Harm and Reduction Center should co- (A) IN GENERAL.—No State or political sub- forcement of this Act. The Administrator ordinate and facilitate the exchange of infor- division of a State may establish or continue may appoint Federal officials as ex officio mation on such innovative products and in effect with respect to a tobacco product members. treatments among relevant offices and cen- any requirement which is different from, or ters within the Center and within the Na- (3) CHAIRPERSON.—The Administrator shall in addition to, any requirement under the designate 1 of the members appointed under tional Institutes of Health, the Centers for provisions of this Act relating to tobacco clauses (i), (ii), and (iii) of paragraph (1)(A) Disease Control and Prevention, and other product standards, premarket review, adul- to serve as chairperson. relevant Federal and State agencies. teration, misbranding, labeling, registration, (c) DUTIES.—The Tobacco Products Sci- good manufacturing standards, or modified SEC. 122. ADVERTISING AND MARKETING OF TO- entific Advisory Committee shall provide ad- BACCO PRODUCTS. risk tobacco products. vice, information, and recommendations to (B) EXCEPTION.—Subparagraph (A) does not the Administrator— (a) Within 18 months of enactment of the apply to requirements relating to the sale, (1) as provided in this Act; Act, the Administrator shall report to Con- distribution, possession, information report- (2) on the implementation of prevention, gress on the benefits to public health of im- ing to the State, use of, tobacco product by cessation, and harm reduction policies; posing restrictions or prohibitions on the ad- individuals of any age. Information disclosed (3) on implementation of policies and pro- vertising and marketing, consistent with or to a State under subparagraph (A) that is ex- grams to fully inform consumers of the rein addition to such restrictions or prohibi- empt from disclosure under section 552(b)(4) spective risks of tobacco products; and tions contained in the Master Settlement of title 5, United States Code, shall be treat- (4) on its review of other safety, depend- Agreement, on tobacco products. ed as a trade secret and confidential infor- ence, or health issues relating to tobacco mation by the State. products as requested by the Administrator. (b) The Administrator shall specify in the (b) RULE OF CONSTRUCTION REGARDING (d) COMPENSATION; SUPPORT; FACA.— report constitutional free speech implica- PRODUCT LIABILITY.—No provision of this Act (1) COMPENSATION AND TRAVEL.—Members tions for each recommended restriction or relating to a tobacco product shall be con- of the Advisory Committee who are not offi- prohibition. strued to modify or otherwise affect any ac- cers or employees of the United States, while tion or the liability of any person under the attending conferences or meetings of the (c) The Administrator shall also specify product liability law of any State. committee or otherwise engaged in its busi- the class of tobacco products to which the SEC. 120. TOBACCO PRODUCTS SCIENTIFIC ADVI- ness, shall be entitled to receive compensa- prohibition or restriction would be applica- SORY COMMITTEE. tion at rates to be fixed by the Adminis- ble and the impact of such actions on harm (a) ESTABLISHMENT.—Not later than 6 trator, which may not exceed the daily reduction policies, practices, and accurate months after the date of enactment of this equivalent of the rate in effect under the information available to tobacco users. Act, the Administrator shall establish a 16- Senior Executive Schedule under section 5382 (d) The Administrator shall establish and member advisory committee, to be known as of title 5, United States Code, for each day the Tobacco Products Scientific Advisory (including travel time) they are so engaged; consult with an advisory committee con- Committee (in this section referred to as the and while so serving away from their homes sisting of experts in constitutional law, ‘‘Advisory Committee’’). or regular places of business each member harm reduction policies, marketing prac- (b) MEMBERSHIP.— may be allowed travel expenses, including tices, and consumer behavior in preparing (1) IN GENERAL.— per diem in lieu of subsistence, as authorized this report.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.054 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4357 TITLE II—TOBACCO PRODUCTS WARN- stituent (including a smoke constituent) shall not relieve a retailer of liability if the INGS; CONSTITUENT AND SMOKE CON- yield shall comprise at least 20 percent of the retailer displays, in a location open to the STITUENT DISCLOSURE area of the advertisement and shall appear in public, an advertisement that does not con- SEC. 201. CIGARETTE LABEL AND ADVERTISING a conspicuous and prominent format and lo- tain a warning label or has been altered by WARNINGS. cation at the bottom of each advertisement the retailer in a way that is material to the (a) AMENDMENT.—Section 4 of the Federal within the trim area. The word ‘WARNING’ requirements of this subsection and sub- Cigarette Labeling and Advertising Act (15 shall appear in capital letters, and each label section (b).’’. U.S.C. 1333) is amended to read as follows: statement shall appear in conspicuous and (b) EFFECTIVE DATE.—The amendment ‘‘SEC. 4. LABELING. legible type. The text of the label statement made by subsection (a) shall take effect 24 shall be black if the background is white and ‘‘(a) LABEL REQUIREMENTS.— months after the date of enactment of this white if the background is black, under the ‘‘(1) IN GENERAL.—It shall be unlawful for Act. Such effective date shall be with respect any person to manufacture, package, sell, plan submitted under subsection (c). The to the date of manufacture, provided that, in label statements shall be enclosed by a rec- offer to sell, distribute, or import for sale or any case, beginning 30 days after such effec- tangular border that is the same color as the distribution within the United States any tive date, a manufacturer shall not introduce letters of the statements and that is the cigarettes the package of which fails to bear, into the domestic commerce of the United width of the first downstroke of the capital in accordance with the requirements of this States any product, irrespective of the date ‘W’ of the word ‘WARNING’ in the label section, one of the following labels: of manufacture, that is not in conformance statements. The text of such label state- ‘‘WARNING: Cigarettes are addictive. with section 4 of the Federal Cigarette La- ments shall be in a typeface pro rata to the ‘‘WARNING: Tobacco smoke can harm beling and Advertising Act (15 U.S.C. 1333), following requirements: 45-point type for a your children. as amended by subsection (a). whole-page broadsheet newspaper advertise- ‘‘WARNING: Cigarettes cause fatal lung SEC. 202. SMOKELESS TOBACCO LABELS AND AD- ment; 39-point type for a half-page VERTISING WARNINGS. disease. broadsheet newspaper advertisement; 39- ‘‘WARNING: Cigarettes cause cancer. (a) AMENDMENT.—Section 3 of the Com- point type for a whole-page tabloid news- prehensive Smokeless Tobacco Health Edu- ‘‘WARNING: Cigarettes cause strokes and paper advertisement; 27-point type for a half- heart disease. cation Act of 1986 (15 U.S.C. 4402) is amended page tabloid newspaper advertisement; 31.5- to read as follows: ‘‘WARNING: Smoking during pregnancy point type for a double page spread magazine can harm your baby. or whole-page magazine advertisement; 22.5- ‘‘SEC. 3. SMOKELESS TOBACCO WARNING. ‘‘WARNING: Smoking can kill you. point type for a 28 centimeter by 3 column ‘‘(a) GENERAL RULE.— ‘‘WARNING: Tobacco smoke causes fatal advertisement; and 15-point type for a 20 cen- ‘‘(1) It shall be unlawful for any person to lung disease in nonsmokers. timeter by 2 column advertisement. The manufacture, package, sell, offer to sell, dis- ‘‘WARNING: Quitting smoking now greatly label statements shall be in English, except tribute, or import for sale or distribution reduces serious risks to your health. that— within the United States any smokeless to- ‘‘(2) PLACEMENT; TYPOGRAPHY; ETC.—Each ‘‘(A) in the case of an advertisement that bacco product unless the product package label statement required by paragraph (1) appears in a newspaper, magazine, peri- bears, in accordance with the requirements shall be located in the lower portion of the odical, or other publication that is not in of this Act, one of the following labels: front panel of the package, directly on the English, the statements shall appear in the ‘‘WARNING: This product can cause mouth package underneath the cellophane or other predominant language of the publication; cancer. clear wrapping. Each label statement shall and ‘‘WARNING: This product can cause gum comprise at least the bottom 25 percent of ‘‘(B) in the case of any other advertisement disease and tooth loss. the front panel of the package. The word that is not in English, the statements shall ‘‘WARNING: This product has significantly ‘WARNING’ shall appear in capital letters appear in the same language as that prin- lower risks for diseases associated with ciga- and all text shall be in conspicuous and leg- cipally used in the advertisement. rettes. ible 17-point type, unless the text of the label ‘‘(3) MATCHBOOKS.—Notwithstanding para- ‘‘WARNING: Smokeless tobacco is addict- statement would occupy more than 70 per- graph (2), for matchbooks (defined as con- ive. cent of such area, in which case the text may taining not more than 20 matches) custom- ‘‘(2) The label statements required by para- be in a smaller conspicuous and legible type arily given away with the purchase of graph (1) shall be introduced by each smoke- size, provided that at least 60 percent of such smokeless tobacco products, each label less tobacco product manufacturer, pack- area is occupied by required text. The text statement required by subsection (a) may be ager, importer, distributor, or retailer of shall be black on a white background, or printed on the inside cover of the match- smokeless tobacco products concurrently white on a black background, in a manner book. into the distribution chain of such products. that contrasts, by typography, layout, or ‘‘(c) MARKETING REQUIREMENTS.— ‘‘(3) The provisions of this subsection do color, with all other printed material on the ‘‘(1) RANDOM DISPLAY.—The label state- not apply to a smokeless tobacco product package, in an alternating fashion under the ments specified in subsection (a)(1) shall be manufacturer or distributor of any smoke- plan submitted under subsection (c). randomly displayed in each 12-month period, less tobacco product that does not manufac- ‘‘(3) DOES NOT APPLY TO FOREIGN DISTRIBU- in as equal a number of times as is possible ture, package, or import smokeless tobacco TION.—The provisions of this subsection do on each brand of the product and be ran- products for sale or distribution within the not apply to a tobacco product manufacturer domly distributed in all areas of the United United States. or distributor of cigarettes which does not States in which the product is marketed in ‘‘(4) A retailer of smokeless tobacco prod- manufacture, package, or import cigarettes accordance with a plan submitted by the ucts shall not be in violation of this sub- for sale or distribution within the United smokeless tobacco product manufacturer, section for packaging that— States. importer, distributor, or retailer and ap- ‘‘(A) contains a warning label; ‘‘(4) APPLICABILITY TO RETAILERS.—A re- proved by the Secretary. ‘‘(B) is supplied to the retailer by a license- tailer of cigarettes shall not be in violation ‘‘(2) ROTATION.—The label statements spec- or permit-holding smokeless tobacco product of this subsection for packaging that— ified in subsection (a)(1) shall be rotated manufacturer, importer, or distributor; and ‘‘(A) contains a warning label; quarterly in alternating sequence in adver- ‘‘(C) is not altered by the retailer in a way ‘‘(B) is supplied to the retailer by a license- tisements for each brand of cigarettes in ac- that is material to the requirements of this or permit-holding smoking article manufac- cordance with a plan submitted by the subsection. turer, importer, or distributor; and smokeless tobacco product manufacturer, ‘‘(b) REQUIRED LABELS.— ‘‘(C) is not altered by the retailer in a way importer, distributor, or retailer to, and ap- ‘‘(1) It shall be unlawful for any smokeless that is material to the requirements of this proved by, the Secretary. tobacco product manufacturer, packager, subsection. ‘‘(3) REVIEW.—The Secretary shall review importer, distributor, or retailer of smoke- ‘‘(b) ADVERTISING REQUIREMENTS.— each plan submitted under paragraph (2) and less tobacco products to advertise or cause ‘‘(1) IN GENERAL.—It shall be unlawful for approve it if the plan— to be advertised within the United States any tobacco product manufacturer, im- ‘‘(A) will provide for the equal distribution any smokeless tobacco product unless its ad- porter, distributor, or retailer of cigarettes and display on packaging and the rotation vertising bears, in accordance with the re- to advertise or cause to be advertised within required in advertising under this sub- quirements of this section, one of the labels the United States any cigarette unless its section; and specified in subsection (a). advertising bears, in accordance with the re- ‘‘(B) assures that all of the labels required ‘‘(2)(A) Each label statement required by quirements of this section, one of the labels under this section will be displayed by the subsection (a) in smokeless tobacco adver- specified in subsection (a). smokeless tobacco product manufacturer, tising shall comply with the standards set ‘‘(2) TYPOGRAPHY, ETC.—Each label state- importer, distributor, or retailer at the same forth in this paragraph. ment required by subsection (a) in cigarette time. ‘‘(B) For press and poster advertisements, advertising shall comply with the standards ‘‘(4) APPLICABILITY TO RETAILERS.—This each such statement and (where applicable) set forth in this paragraph. For press and subsection and subsection (b) apply to a re- any required statement relating to nicotine, poster advertisements, each such statement tailer only if that retailer is responsible for or other constituent yield shall comprise at and (where applicable) any required state- or directs the label statements required least 20 percent of the area of the advertisement relating to tar, nicotine, or other con- under this section except that this paragraph ment.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.054 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4358 CONGRESSIONAL RECORD — HOUSE April 1, 2009 ‘‘(C) The word ‘WARNING’ shall appear in to the date of manufacture, provided that, in (7) The package say state ‘‘Not for sale to capital letters, and each label statement any case, beginning 30 days after such effec- minors’’. shall appear in conspicuous and legible type. tive date, a manufacturer shall not introduce (8) In the case of a package of cigarettes, ‘‘(D) The text of the label statement shall into the domestic commerce of the United the package shall state that smokeless to- be black on a white background, or white on States any product, irrespective of the date bacco has significantly lower risks for dis- a black background, in an alternating fash- of manufacture, that is not in conformance ease and death than cigarettes. ion under the plan submitted under para- with section 3 of the Comprehensive Smoke- SEC. 302. DISCLOSURES ON PACKAGES OF graph (3). less Tobacco Health Education Act of 1986 (15 SMOKELESS TOBACCO. ‘‘(E) The label statements shall be enclosed U.S.C. 4402), as amended by subsection (a). (a) BACK FACE FOR REQUIRED DISCLO- by a rectangular border that is the same TITLE III—PUBIC DISCLOSURES BY SURES.—For purposes of this section— color as the letters of the statements and TOBACCO PRODUCTS MANUFACTURERS (1) the principal face of a package of that is the width of the first downstroke of the capital ‘W’ of the word ‘WARNING’ in SEC. 301. DISCLOSURES ON PACKAGES OF TO- smokeless tobacco is the face that has the BACCO PRODUCTS. the label statements. largest surface area or, for faces with iden- (a) BACK FACE FOR REQUIRED DISCLO- ‘‘(F) The text of such label statements tical surface areas, any of the faces that SURES.—For purposes of this section— shall be in a typeface pro rata to the fol- have the largest surface area; a package (1) the principal face of a package of a to- lowing requirements: 45-point type for a shall not be characterized as having more bacco product is the face that has the largest whole-page broadsheet newspaper advertise- than two principal faces; ment; 39-point type for a half-page surface area or, for faces with identical sur- (2) the front or top face shall be the prin- broadsheet newspaper advertisement; 39- face areas, any of the faces that have the cipal face of the package; point type for a whole-page tabloid news- largest surface area; a package shall not be (3) if the front or top and back or bottom paper advertisement; 27-point type for a half- characterized as having more than 2 prin- faces are of different sizes in terms of area, page tabloid newspaper advertisement; 31.5- cipal faces; then the larger face shall be the front or top point type for a double page spread magazine (2) the front face shall be the principal face face; or whole-page magazine advertisement; 22.5- of the package; (4) the back or bottom face of the package point type for a 28 centimeter by 3 column (3) if the front and back faces are of dif- shall be the principal face of a package that advertisement; and 15-point type for a 20 cen- ferent sizes in terms of area, then the larger is opposite the front or top face of the pack- timeter by 2 column advertisement. face shall be the front face; age; ‘‘(G) The label statements shall be in (4) the back face shall be the principal face (5) beginning 24 months after the effective English, except that— of a package that is opposite the front face date of this Act, 50 percent of the back or ‘‘(i) in the case of an advertisement that of the package; bottom face of the package shall be allocated appears in a newspaper, magazine, peri- (5) the bottom 50 percent of the back face for required package disclosures in accord- odical, or other publication that is not in of the package shall be allocated for required ance with this section; and English, the statements shall appear in the package disclosures in accordance with this (6) if the package is cylindrical, a contig- predominant language of the publication; section; and uous area constituting 30 percent of the total and (6) if a package of a tobacco product is cy- surface area of the cylinder shall be deemed ‘‘(ii) in the case of any other advertisement lindrical, a contiguous area constituting 30 the back face. that is not in English, the statements shall percent of the total surface area of the cyl- (b) REQUIRED INFORMATION ON BACK OR BOT- appear in the same language as that prin- inder shall be deemed the back face. TOM FACE.—50 percent of the back or bottom cipally used in the advertisement. (b) REQUIRED INFORMATION ON BACK FACE.— face of a package of smokeless tobacco shall ‘‘(3)(A) The label statements specified in Not later than 24 months after the effective be available solely for disclosures required subsection (a)(1) shall be randomly displayed date of this Act, the bottom 50 percent of the by or under this Act, the Comprehensive in each 12-month period, in as equal a num- back face of a package of a tobacco product Smokeless Tobacco Health Education Act of ber of times as is possible on each brand of shall be available solely for disclosures re- 1986, sections 4401–4408 of title 15, United the product and be randomly distributed in quired by or under this Act, the Federal Cig- States Code, and any other Federal statute. all areas of the United States in which the arette Labeling and Advertising Act, sec- Such disclosures shall include a list of ingre- product is marketed in accordance with a tions 1331–1340 of title 15, United States dients as required by subsection (e). Code, and any other Federal statute. Such plan submitted by the smokeless tobacco (c) PACKAGE DISCLOSURE OF INGREDIENTS.— product manufacturer, importer, distributor, disclosures shall include— Commencing 24 months after the effective or retailer and approved by the Secretary. (1) the printed name and address of the date of this Act, a package of smokeless to- ‘‘(B) The label statements specified in sub- manufacturer, packer, or distributor, and bacco shall bear a list of the common or section (a)(1) shall be rotated quarterly in al- any other identification associated with the usual names of the ingredients present in the ternating sequence in advertisements for manufacturer, packer, or distributor or with smokeless tobacco in an amount greater each brand of smokeless tobacco product in the tobacco product that the Administrator than 0.1 percent of the total dry weight of accordance with a plan submitted by the may require; the tobacco (including all ingredients). smokeless tobacco product manufacturer, (2) a list of ingredients as required by sub- (1) Such listing of ingredients shall appears importer, distributor, or retailer to, and ap- section (e); and under, or be conspicuously accompanied by, proved by, the Secretary. (3) the appropriate tax registration num- the heading ‘‘Tobacco and principal tobacco ‘‘(C) The Secretary shall review each plan ber. ingredients’’. (c) PACKAGE DISCLOSURE OF INGREDIENTS.— submitted under subparagraphs (A) and (B) (2) Tobacco may be listed as ‘‘tobacco,’’ Not later than 24 months after the effective and approve it if the plan— and shall be the first listed ingredient. date of this Act, the package of a tobacco ‘‘(i) will provide for the equal distribution (3) After tobacco, the ingredients shall be product shall bear a list of the common or and display on packaging and the rotation listed in descending order of predominance, usual names of the ingredients present in the required in advertising under this sub- by weight. tobacco product in an amount greater than section; and (4) Spices and natural and artificial flavors 0.1 percent of the total dry weight of the to- ‘‘(ii) assures that all of the labels required may be listed, respectively, as ‘‘spices’’ and bacco (including all ingredients), that shall under this section will be displayed by the ‘‘natural and artificial flavors’’ without comply with the following: smokeless tobacco product manufacturer, naming each. (1) Such listing of ingredients shall appear importer, distributor, or retailer at the same (5) Preservatives may be listed as ‘‘preserv- under, or be conspicuously accompanied by, time. atives’’ without naming each. the heading ‘‘Tobacco and principal tobacco ‘‘(D) This paragraph applies to a retailer (6) The disclosure of any ingredient in ac- ingredients’’. only if that retailer is responsible for or di- cordance with this section may, at the op- (2) Tobacco may be listed as ‘‘tobacco,’’ rects the label statements under this section of the tobacco product manufacturer, and shall be the first listed ingredient. tion, unless the retailer displays, in a loca- designate the functionality or purpose of (3) After tobacco, the ingredients shall be tion open to the public, an advertisement that ingredient. listed in descending order of predominance, that does not contain a warning label or has (7) Not for sale to minors. been altered by the retailer in a way that is by weight. SEC. 303. PUBLIC DISCLOSURE OF INGREDIENTS. material to the requirements of this sub- (4) Spices and natural and artificial flavors section. may be listed, respectively, as ‘‘spices’’ and (a) REGULATIONS.—Not later than 24 ‘‘(c) TELEVISION AND RADIO ADVERTISING.— ‘‘natural and artificial flavors’’ without months after the effective date of this Act, It is unlawful to advertise smokeless tobacco naming each. the Administrator shall, by regulation, es- on any medium of electronic communica- (5) Preservatives may be listed as ‘‘preserv- tablish standards under which each tobacco tions subject to the jurisdiction of the Fed- atives’’ without naming each. product manufacturer shall disclose pub- eral Communications Commission.’’. (6) The disclosure of any ingredient in ac- licly, and update at least annually— (b) EFFECTIVE DATE.—The amendment cordance with this section may, at the op- (1) a list of the ingredients it uses in each made by subsection (a) shall take effect 24 tion of the tobacco product manufacturer, brand style it manufactures for commercial months after the date of enactment of this designate the functionality or purpose of distribution domestically, as provided in Act. Such effective date shall be with respect that ingredient. subsection (b); and

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.054 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4359 (2) a composite list of all the ingredients it on how to prevent or eliminate, and what parents, guardian, or custodian is reasonably uses in any of the brand styles it manufac- technologies could help facilitate the elimi- ascertainable by the law enforcement agen- tures for commercial distribution domesti- nation of, such advertising; and cy. The notice required by this subsection cally, as provided in subsection (c). (3) collect data on such trade in tobacco shall be made not later than 48 hours after (b) INGREDIENTS TO BE DISCLOSED AS TO products by person that is not— the individual who allegedly violated sub- EACH BRAND STYLE.— (A) a participating manufacturer (as that section (a) is cited by such agency for the (1) IN GENERAL.—With respect to the public term is defined in section II(jj) of the Master violation. The notice may be made by any disclosure required by subsection (a)(1), as to Settlement Agreement of November 23, 1998, means reasonably calculated to give prompt each brand style, the tobacco product manu- between certain of the States and certain to- actual notice, including notice in person, by facture shall disclose the common or usual bacco product manufacturers); or telephone, or by first-class mail. name of each ingredient present in the brand (B) an affiliate or subsidiary of a partici- ‘‘ ‘(c) Subsection (a) does not prohibit an style in an amount greater than 0.1 percent pating manufacturer. individual under 18 years of age or a different of the total dry weight of the tobacco (in- (b) Not later than 18 months after the ef- minimum age established under State law cluding all ingredients). fective date of this Act, the Administrator from possessing a tobacco product during (2) REQUIREMENTS.—Disclosure under para- shall submit to the Secretary, and commit- regular working hours and in the course of graph (1) shall comply with the following: tees of relevant jurisdiction in Congress, a such individual’s employment if the tobacco (A) Tobacco may be listed as ‘‘tobacco,’’ report the recommendations of the study product is not possessed for such individual’s and shall be the first listed ingredient. conducted under subsection (a). consumption. (B) After tobacco, the ingredients shall be SEC. 402. AMENDMENT TO SECTION 1926 OF THE ‘‘ ‘SEC. 3. OUT-OF-PACKAGE DISTRIBUTION. listed in descending order of predominance, PUBLIC HEALTH SERVICE ACT. ‘‘ ‘It shall be unlawful for any person to by weight. Section 1926 of the Public Health Service distribute cigarettes or a smokeless tobacco (C) Spices and natural and artificial fla- Act (42 U.S.C. § 300x–26) is amended by adding product other than in an unopened package vors may be listed, respectively, as ‘‘spices’’ at the end thereof the following: that complies in full with section 108 of the and ‘‘natural and artificial flavors’’ without ‘‘(e)(1) Subject to paragraphs (2) and (3), for Federal Tobacco Act of 2007. A person who naming each. the first fiscal year after enactment and distributes a cigarette or a smokeless to- (D) Preservatives may be listed as ‘‘pre- each subsequent fiscal year, the Secretary bacco product in violation of this section is servatives’’ without naming each. shall reduce, as provided in subsection (h), liable for a civil money penalty of not less (E) The disclosure of any ingredient in ac- the amount of any grant under section 300x– than $25 nor more than $125 for each such cordance with this section may, at the op- 21 of this title for any State that does not violation. tion of the tobacco product manufacturer, have in effect a statute with substantially ‘‘ ‘SEC. 4. SIGNAGE. designate the functionality or purpose of the following provisions: ‘‘ ‘It shall be unlawful for any person who that ingredient. ‘‘ ‘SEC. 1. DISTRIBUTION TO MINORS. sells tobacco products over-the-counter to (c) AGGREGATE DISCLOSURE OF INGREDI- ‘‘ ‘(a) No person shall distribute a tobacco fail to post conspicuously on the premises ENTS.— product to an individual under 18 years of where such person sells tobacco products (1) IN GENERAL.—The public disclosure re- age or a different minimum age established over-the-counter a sign communicating quired of a tobacco product manufacturer by under State law. A person who violates this that— subsection (a)(2) shall consist of a single list subsection is liable for a civil money penalty ‘‘ ‘(1) the sale of tobacco products to indi- of all ingredients used in any brand style a of not less than $25 nor more than $125 for viduals under 18 years of age or a different tobacco product manufacturer manufactures each violation of this subsection; minimum age established under State law is for commercial distribution domestically, ‘‘ ‘(b) The employer of an employee who has prohibited by law; without regard to the quantity used, and in- violated subsection (a) twice while in the ‘‘ ‘(2) the purchase of tobacco products by cluding, separately, each spice, each natural employ of such employer is liable for a civil individuals under 18 years of age or a dif- or artificial flavoring, and each preservative. money penalty of $125 for each subsequent ferent minimum age established under State (2) LISTING.—The ingredients shall be list- violation by such employee. law is prohibited by law; and ed by their respective common or usual ‘‘ ‘(c) It shall be a defense to a charge ‘‘ ‘(3) proof of age may be demanded before names in descending order of predominance brought under subsection (a) that— tobacco products are sold. by the total weight used annually by the to- ‘‘ ‘(1) the defendant— A person who fails to post a sign that com- bacco product manufacturer in manufac- ‘‘ ‘(A) relied upon proof of age that applies fully with this section is liable for a turing tobacco products for commercial dis- peared on its face to be valid in accordance civil money penalty of not less than $25 nor tribution domestically. with the Federal Tobacco Act of 2007; more than $125. (d) NO REQUIRED DISCLOSURE OF QUAN- ‘‘ ‘(B) had complied with the requirements ‘‘ ‘SEC. 5. NOTIFICATION OF EMPLOYEES. TITIES.—The Administrator shall not require of section 5 and, if applicable, section 7; or ‘‘ ‘(a) Within 180 days of the effective date any public disclosure of quantitative infor- ‘‘ ‘(C) relied upon a commercially available of the Youth Prevention and Tobacco Harm mation about any ingredient in a tobacco electronic age verification service to confirm Reduction Act, every person engaged in the product. that the person was an age-verified adult; or business of selling tobacco products at retail (e) DISCLOSURE ON WEBSITE.—The public ‘‘ ‘(2) the individual to whom the tobacco shall implement a program to notify each disclosures required by subsection (a) of this product was distributed was at the time of section may be by posting on an Internet-ac- employee employed by that person who sells the distribution used in violation of sub- tobacco products at retail that— cessible website, or other location electroni- section 8(b). cally accessible to the public, which is iden- ‘‘ ‘(1) the sale or other distribution of to- ‘‘ ‘SEC. 2. PURCHASE, RECEIPT, OR POSSESSION bacco products to any individual under 18 tified on all packages of a tobacco product BY MINORS PROHIBITED. manufacturer’s tobacco products. years of age or a different minimum age es- ‘‘ ‘(a) An individual under 18 years of age or tablished under State law, and the purchase, (f) TIMING OF INITIAL REQUIRED DISCLO- a different minimum age established under receipt, or possession of tobacco products in SURES.—No disclosure pursuant to this sec- State law shall not purchase or attempt to tion shall be required to commence until the a place open to the public by any individual purchase, receive or attempt to receive, pos- regulations under subsection (a) have been in under 18 years of age or a different minimum sess or attempt to possess, a tobacco prod- effect for not less than 1 year. age established under State law, is prohib- uct. An individual who violates this sub- ited; and TITLE IV—PREVENTION OF ILLICIT section is liable for a civil money penalty of ‘‘ ‘(2) out-of-package distribution of ciga- TRADE IN TOBACCO PRODUCTS not less than $25 nor more than $125 for each rettes and smokeless tobacco products is SEC. 401. STUDY AND REPORT ON ILLICIT TRADE. such violation, and shall be required to per- prohibited. (a) The Administrator shall, after conform not less than four hours nor more than Any employer failing to provide the required sultation with other relevant agencies inten hours of community service. Upon the notice to any employee shall be liable for a cluding Customs and Tobacco Tax Bureau, second or each subsequent violation of this civil money penalty of not less than $25 nor conduct a study of trade in tobacco products subsection, such individual shall be required more than $125 for each such violation. that involves passage of tobacco products ei- to perform not less than eight hours nor ‘‘ ‘(b) It shall be a defense to a charge that ther between the States or from or to any more than twenty hours of community serv- an employer violated subsection (a) of this other country across any border of the ice. section that the employee acknowledged re- United States to— ‘‘ ‘(b) A law enforcement agency, upon de- ceipt, either in writing or by electronic (1) collect data on such trade in tobacco termining that an individual under 18 years means, prior to the alleged violation, of a products, including illicit trade involving to- of age or a different minimum age estab- statement in substantially the following bacco products, and make recommendations lished under State law allegedly purchased, form: on the monitoring and enforcement of such received, possessed, or attempted to pur- ‘‘I understand that State law prohibits the trade; chase, receive, or possess, a tobacco product distribution of tobacco products to individ- (2) collect data on any advertising intended in violation of subsection (a) shall notify the uals under 18 years of age or a different min- to be broadcast, transmitted, or distributed individual’s parent or parents, custodian, or imum age established under State law and from or to the United States from or to an- guardian as to the nature of the alleged vio- out-of-package distribution of cigarettes and other country and make recommendations lation if the name and address of a parent or smokeless tobacco products, and permits a

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.054 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4360 CONGRESSIONAL RECORD — HOUSE April 1, 2009 defense based on evidence that a prospective State law shall act solely under the super- ‘‘ ‘(h)(1) Except as provided in paragraph purchaser’s proof of age was reasonably revision and direction of the State Police or a (2), any person who engages in the distribu- lied upon and appeared on its face to be local law enforcement authority duly des- tion at retail of tobacco products without a valid. I understand that if I sell, give, or vol- ignated by the State Police during a random, license required by this section is liable for untarily provide a tobacco product to an in- unannounced inspection; a civil money penalty in an amount equal to dividual under 18 years of age or a different ‘‘ ‘(3) An individual under 18 years of age or (i) two times the applicable license fee, and minimum age established under State law, I a different minimum age established under (ii) $50 for each day that such distribution may be found responsible for a civil money State law used in random, unannounced in- continues without a license. penalty of not less than $25 nor more than spections shall not be used in any such in- ‘‘ ‘(2) Any person who engages in the dis- $125 for each violation. I promise to comply spection at a store in which such individual tribution at retail of tobacco products after with this law.’ ’’’ is a regular customer; and a license issued under this section has been ‘‘ ‘(c) If an employer is charged with a vio- ‘‘ ‘(4) If an individual under 18 years of age suspended or revoked is liable for a civil lation of subsection (a) and the employer or a different minimum age established money penalty of $100 per day for each day uses as a defense to such charge the defense under State law participating in random, un- on which such distribution continues after provided by subsection (b), the employer announced inspections is questioned during the date such person received notice of such shall be deemed to be liable for such viola- such an inspection about such individual’s suspension or revocation. tion if such employer pays the penalty image, such individual shall state his or her ac- ‘‘ ‘(i) No person shall engage in the disposed on the employee involved in such vio- tual age and shall present a true and correct tribution at retail of tobacco products on or lation or in any way reimburses the em- proof of age if requested at any time during after 180 days after the date of enactment ployee for such penalty. the inspection to present it. this Act unless such person is authorized to do so by a license issued pursuant to this ‘‘ ‘SEC. 6. SELF-SERVICE DISPLAYS. ‘‘ ‘(c) Any person who uses any individual section or is an employee or agent of a per- ‘‘ ‘(a) It shall be unlawful for any person under 18 years of age or a different minimum son that has been issued such a license. who sells tobacco products over-the-counter age established under State law, other than as permitted by subsection (b), to test com- ‘‘ ‘SEC. 10. SUSPENSION, REVOCATION, DENIAL, at retail to maintain packages of such prod- AND NONRENEWAL OF LICENSES. pliance with this Act, is liable for a civil ucts in any location accessible to customers ‘‘ ‘(a) Upon a finding that a licensee has money penalty of not less than $25 nor more that is not under the control of a cashier or been determined by a court of competent ju- than $125 for each such violation. other employee during regular business risdiction to have violated this Act during hours. This subsection does not apply to any ‘‘ ‘(d) Civil money penalties collected for the license term, the State shall notify the adult-only facility. violations of this Act and fees collected licensee in writing, served personally or by ‘‘ ‘(b) Any person who violates subsection under section 9 shall be used only to defray registered mail at the notice address, that (a) is liable for a civil money penalty of not the costs of administration and enforcement any subsequent violation of this Act at the less than $25 nor more than $125 for each of this Act. same place of business may result in an ad- such violation, except that no person shall ‘‘ ‘SEC. 9. LICENSURE. ministrative action to suspend the license be responsible for more than one violation ‘‘ ‘(a) Each person engaged in the over-the- for a period determined by the specify the per day at any one retail store. counter distribution at retail of tobacco appropriate State agency or department. ‘‘ ‘SEC. 7. DISTRIBUTION BY MAIL OR COURIER. products shall hold a license issued under ‘‘ ‘(b) Upon finding that a further violation ‘‘ ‘(a) It shall be unlawful to distribute or this section. A separate license shall be re- by this Act has occurred involving the same sell tobacco products directly to consumers quired for each place of business where to- place of business for which the license was by mail or courier, unless the person receiv- bacco products are distributed at retail. A li- issued and the licensee has been served no- ing purchase requests for tobacco products cense issued under this section is not assign- tice once under subsection (a), the appro- takes reasonable action to prevent delivery able and is valid only for the person in whose priate State agency or department may ini- to individuals who are not adults by— name it is issued and for the place of busi- tiate an administrative action to suspend ‘‘ ‘(1) requiring that addressees of the to- ness designated in the license. the license for a period to be determined by bacco products be age-verified adults; ‘‘ ‘(b) The annual license fee is $25 for each the appropriate State agency or department ‘‘ ‘(2) making good faith efforts to verify place of business where tobacco products are but not to exceed six months. If an adminis- that such addressees have attained the min- distributed at retail. trative action to suspend a license is initi- imum age for purchase of tobacco products ‘‘ ‘(c) Every application for a license, in- ated, the appropriate State agency or depart- established by the respective States wherein cluding renewal of a license, under this sec- ment shall immediately notify the licensee the addresses of the addressees are located; tion shall be made upon a form provided by in writing at the notice address of the initi- and the appropriate State agency or department, ation of the action and the reasons therefor ‘‘ ‘(3) addressing the tobacco products de- and shall set forth the name under which the and permit the licensee an opportunity, at livered by mail or courier to a physical ad- applicant transacts or intends to transact least 30 days after written notice is served dresses and not to post office boxes. business, the location of the place of busi- personally or by registered mail upon the li- ‘‘ ‘(b) Any person who violates subsection ness for which the license is to be issued, the censee, to show why suspension of the li- (a) is liable for a civil money penalty of not street address to which all notices relevant cense would be unwarranted or unjust. less than $25 nor more than $125 for each to the license are to be sent (in this Act re- ‘‘ ‘(c) The appropriate State agency or department may initiate an administrative ac- such violation. ferred to as ‘‘notice address’’), and any other tion to revoke a license that previously has identifying information that the appropriate ‘‘ ‘SEC. 8. RANDOM UNANNOUNCED INSPECTIONS; been suspended under subsection (b) if, after REPORTING; AND COMPLIANCE. State agency or department may require. the suspension and during the one-year pe- ‘‘ ‘(a) The State Police, or a local law en- ‘‘ ‘(d) The appropriate State agency or de- riod for which the license was issued, the li- forcement authority duly designated by the partment shall issue or renew a license or censee committed a further violation of this State Police, shall enforce this Act in a man- deny an application for a license or the re- Act, at the same place of business for which ner that can reasonably be expected to renewal of a license within 30 days of receiving the license was issued. If an administrative a properly completed application and the li- duce the extent to which tobacco products action to revoke a license is initiated, the cense fee. The appropriate State agency or are distributed to individuals under 18 years appropriate State agency or department of age or a different minimum age estab- department shall provide notice to an appli- shall immediately notify the licensee in lished under State law and shall conduct cant of action on an application denying the writing at the notice address of the initi- random, unannounced inspections in accord- issuance of a license or refusing to renew a ation of the action and the reasons therefor ance with the procedures set forth in this license. and permit the licensee an opportunity, at Act and in regulations issued under section ‘‘ ‘(e) Every license issued by the appro- least 30 days after written notice is served 1926 of the Federal Public Health Service Act priate State agency or department pursuant personally or by registered mail upon the li- (42 U.S.C. § 300x–26). to this section shall be valid for 1 year from censee, to show why revocation of the license ‘‘ ‘(b) The State may engage an individual the date of issuance and shall be renewed would be unwarranted or unjust. under 18 years of age or a different minimum upon application except as otherwise pro- ‘‘ ‘(d) A person whose license has been sus- age established under State law to test com- vided in this Act. pended or revoked with respect to a place of pliance with this Act, except that such an in- ‘‘ ‘(f) Upon notification of a change of ad- business pursuant to this section shall pay a dividual may be used to test compliance with dress for a place of business for which a li- fee of $50 for the renewal or reissuance of the this Act only if the testing is conducted cense has been issued, a license shall be re- license at that same place of business, in ad- under the following conditions: issued for the new address without the filing dition to any applicable annual license fees. ‘‘ ‘(1) Prior to use of any individual under of a new application. ‘‘ ‘(e) Revocation of a license under sub- 18 years of age or a different minimum age ‘‘ ‘(g) The appropriate State agency or de- section (c) with respect to a place of business established under State law in a random, un- partment shall notify every person in the shall not be grounds to deny an application announced inspection, written consent shall State who is engaged in the distribution at by any person for a new license with respect be obtained from a parent, custodian, or retail of tobacco products of the license re- to such place of business for more than 12 guardian of such individual; quirements of this section and of the date by months subsequent to the date of such rev- ‘‘ ‘(2) An individual under 18 years of age or which such person should have obtained a li- ocation. Revocation or suspension of a li- a different minimum age established under cense. cense with respect to a particular place of

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.054 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4361 business shall not be grounds to deny an ap- ‘‘(ii) the extent of success the State has ties on trust land within the jurisdiction of plication for a new license, to refuse to achieved in reducing the availability of to- the tribe; and renew a license, or to revoke or suspend an bacco products to individuals under 18 years ‘‘(C) the Indian tribe is reasonably ex- existing license at any other place of busi- of age or a different minimum age estab- pected to be capable of carrying out the ness. lished under State law, including the results functions required under this section. ‘‘ ‘(f) A licensee may seek judicial review of of the inspections conducted under subpara- Within 2 years of the date of enactment of an action of the appropriate State agency or graph (A); and the Federal Tobacco Act of 2007, as to each department suspending, revoking, denying, ‘‘(iii) the strategies to be utilized by the Indian tribe in the United States, the Ad- or refusing to renew a license under this sec- State for enforcing such law during the fiscal ministrator shall make the findings con- tion by filing a complaint in a court of com- year for which the grant is sought. templated by this paragraph or determine petent jurisdiction. Any such complaint ‘‘(g) The law specified in subsection (e)(1) that such findings cannot be made, in ac- shall be filed within 30 days after the date on may be administered and enforced by a State cordance with the procedures specified in which notice of the action is received by the using— paragraph (4). licensee. The court shall review the evidence ‘‘(1) any amounts made available to the ‘‘(2) As to Indian tribes subject to sub- de novo. State through a grant under section 300x–21 section (e)(1) of this section, the Adminis- ‘‘ ‘(g) The State shall not report any action of this title; trator shall promulgate regulations that— suspending, revoking, denying, or refusing to ‘‘(2) any amounts made available to the ‘‘(A) provide whether and to what extent, if renew a license under this section to the State under section 300w of this title; any, the law described in subsection (e)(1) Federal Secretary of Health and Human ‘‘(3) any fees collected for licenses issued may be modified as adopted by Indian tribes; Services, unless the opportunity for judicial pursuant to the law described in subsection and review of the action pursuant to subsection (e)(1); ‘‘(B) ensure, to the extent possible, that (f), if any, has been exhausted or the time for ‘‘(4) any fines or penalties assessed for vio- each Indian tribe’s retailer licensing pro- seeking such judicial review has expired. lations of the law specified in subsection gram under subsection (e)(1) is no less strin- ‘‘ ‘SEC. 11. NO PRIVATE RIGHT OF ACTION. (e)(1); or gent than the program of the State or States ‘‘ ‘Nothing in this Act shall be construed to ‘‘(5) any other funding source that the leg- in which the Indian tribe is located. create a right of action by any private per- islature of the State may prescribe by stat- ‘‘(3) If with respect to any Indian tribe the son for any violation of any provision of this ute. Administrator determines that compliance ‘‘(h) Before making a grant under section Act. with the requirements of subsection (e)(1) is 300x–21 of this title to a State for the first ‘‘ ‘SEC. 12. JURISDICTION AND VENUE. inappropriate or administratively infeasible, applicable fiscal year or any subsequent fis- ‘‘ ‘Any action alleging a violation of this the Administrator shall specify other means cal year, the Secretary shall make a deter- Act may be brought only in a court of gen- for the Indian tribe to achieve the purposes mination of whether the State has main- eral jurisdiction in the city or county where of the law described in subsection (e)(1) with tained compliance with subsections (e) and the violation is alleged to have occurred. respect to persons who engage in the dis- (f) of this section. If, after notice to the ‘‘ ‘SEC. 13. REPORT. State and an opportunity for a hearing, the tribution at retail of tobacco products on ‘‘ ‘The appropriate State agency or depart- Secretary determines that the State is not tribal lands. ment shall prepare for submission annually in compliance with such subsections, the ‘‘(4) The findings and regulations promul- to the Federal Secretary of Health and Secretary shall reduce the amount of the al- gated under paragraphs (1) and (2) shall be Human Services the report required by sec- lotment under section 300x–21 of this title for promulgated in conformance with section 553 tion 1926 of the Federal Public Health Serv- the State for the fiscal year involved by an of title 5, United States Code, and shall com- ice Act (42 U.S.C. 300x–26).’ ’’. amount equal to— ply with the following provisions: ‘‘(2) In the case of a State whose legisla- ‘‘(1) In the case of the first applicable fiscal ‘‘(A) In making findings as provided in ture does not convene a regular session in year, 10 percent of the amount determined paragraph (1), and in drafting and promul- fiscal year 2007, and in the case of a State under section 300x–33 for the State for the gating regulations as provided in paragraph whose legislature does not convene a regular fiscal year; (2) (including drafting and promulgating any session in fiscal year 2008, the requirement ‘‘(2) In the case of the first fiscal year fol- revised regulations), the Administrator shall described in subsection (e)(1) as a condition lowing such applicable fiscal year, 20 percent confer with, and allow for active participa- of a receipt of a grant under section 300x–21 of the amount determined under section tion by, representatives and members of In- of this title shall apply only for fiscal year 300x–33 for the State for the fiscal year; dian tribes, and tribal organizations. 2009 and subsequent fiscal years. ‘‘(3) In the case of the second such fiscal ‘‘(B) In carrying out rulemaking processes ‘‘(3) Subsection (e)(1) shall not affect any year, 30 percent of the amount determined under this subsection, the Administrator State or local law that (A) was in effect on under section 300x–33 for the State for the shall follow the guidance of subchapter III of the date of introduction of the Federal To- fiscal year; and chapter 5 of title 5, United States Code, com- bacco Act of 2007, and (B) covers the same ‘‘(4) In the case of the third such fiscal monly known as the ‘Negotiated Rulemaking subject matter as the law described in sub- year or any subsequent fiscal year, 40 per- Act of 1990.’ section (e)(1). Any State law that meets the cent of the amount determined under section ‘‘(C) The tribal participants in the negotia- conditions of this paragraph shall also be 300x–33 for the State for the fiscal year. tion process referred to in subparagraph (B) deemed to meet the requirement described in The Secretary shall not have authority or shall be nominated by and shall represent subsection (e)(1) as a condition of a receipt of discretion to grant to any State a waiver of the groups described in this subsection and a grant under section 300x–21 of this title, if the terms and requirements of this sub- shall include tribal representatives from all such State law is at least as stringent as the section or subsection (e) or (f). geographic regions. law described in subsection (e)(1). ‘‘(i) For the purposes of subsections (e) ‘‘(D) The negotiations conducted under ‘‘(f)(1) For the first applicable fiscal year through (h) of this section the term ‘first ap- this paragraph (4) shall be conducted in a and for each subsequent fiscal year, a fund- plicable fiscal year’ means— timely manner. ing agreement for a grant under section ‘‘(1) fiscal year 2009, in the case of any ‘‘(E) If the Administrator determines that 300x–21 of this title is a funding agreement State described in subsection (e)(2) of this an extension of the deadlines under sub- under which the State involved will enforce section; and section (k)(1) of this section is appropriate, the law described in subsection (e)(1) of this ‘‘(2) fiscal year 2008, in the case of any the Secretary may submit proposed legisla- section in a manner that can reasonably be other State. tion to Congress for the extension of such expected to reduce the extent to which to- ‘‘(j) For purposes of subsections (e) through deadlines. bacco products are available to individuals (h) of this section, references to section 300x– ‘‘(5) This subsection shall not affect any under the age of 18 or a different minimum 21 shall include any successor grant pro- law or ordinance that (A) was in effect on age established under State law for the pur- grams.‘’ tribal lands on the date of introduction of chase of tobacco products. ‘‘(k) As required by paragraph (1), and sub- the Youth Prevention and Tobacco Harm Re- ‘‘(2) For the first applicable fiscal year and ject to paragraph (4), an Indian tribe shall duction Act, and (B) covers the same subject for each subsequent fiscal year, a funding satisfy the requirements of subsection (e)(1) matter as the law described in subsection agreement for a grant under section 300x–21 of this section by enacting a law or ordi- (e)(1). Any law or ordinance that meets the of this title is a funding agreement under nance with substantially the same provisions conditions of this paragraph shall also be which the State involved will— as the law described in subsection (e)(1). deemed to meet the requirement described in ‘‘(A) conduct random, unannounced inspec- ‘‘(1) An Indian tribe shall comply with sub- subsection (k)(1), if such law or ordinance is tions to ensure compliance with the law de- section (e)(1) of this section within 180 days at least as stringent as the law described in scribed in subsection (e)(1); and after the Administrator finds, in accordance subsection (e)(1). ‘‘(B) annually submit to the Secretary a with this paragraph, that— ‘‘(6) For purposes of this subsection— report describing— ‘‘(A) the Indian tribe has a governing body ‘‘(A) ‘Administrator’ means the Adminis- ‘‘(i) the activities carried out by the State carrying out substantial governmental pow- trator of the Tobacco Harm Reduction Cen- to enforce such law during the fiscal year ers and duties; ter. preceding the fiscal year for which the State ‘‘(B) the functions to be exercised by the ‘‘(B) ‘Indian tribe’ has the meaning as- is seeking the grant; Indian tribe under this Act pertain to activi- signed that term in section 4(e) of the Indian

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.055 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4362 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Self Determination and Education Assist- and maintain an ongoing public docket for (1) Any person who knowingly distributes ance Act, section 450b(e) of title 25, United receipt of data and other information sub- or sells, other than through retail sale or re- States Code. mitted by any person with respect to such tail offer for sale, any cigarette brand style ‘‘(C) ‘Tribal lands’ means all lands within annual promulgation of rankings. in violation of section 803(a)— the exterior boundaries of any Indian res- TITLE V—ENFORCEMENT PROVISIONS (A) for a first offense shall be liable for a ervation, all lands the title to which is held SEC. 501. PROHIBITED ACTS. civil penalty not to exceed $10,000 for each by the United States in trust for an Indian The following acts and the causing thereof distribution or sale, or tribe, or lands the title to which is held by are hereby prohibited— (B) for a second offense shall be liable for an Indian tribe subject to a restriction by (1) the introduction or delivery for intro- a civil penalty not to exceed $25,000 for each the United States against alienation, and all duction into interstate commerce of any to- distribution or sale, dependent Indian communities. bacco product that is adulterated or mis- except that the penalty imposed against any ‘‘(D) ‘tribal organization’ has the meaning branded; person with respect to violations during any assigned that term in section 4(l) of the In- (2) the adulteration or misbranding of any 30-day period shall not exceed $100,000. dian Self Determination and Education As- tobacco product in interstate commerce; (2) Any retailer who knowingly distributes, sistance Act, section 450b(l) of title 25, (3) the receipt in interstate commerce of sells or offers for sale any cigarette brand United States Code.’’. any tobacco product that is known to be style in violation of section 803(a) shall— SEC. 403. ESTABLISHMENT OF RANKINGS. adulterated or misbranded, and the delivery (A) for a first offense for each sale or offer (a) STANDARDS AND PROCEDURES FOR or proffered delivery thereof for pay or oth- for sale of cigarettes, if the total number of RANKINGS.—Within 24 months after the effec- erwise; packages of cigarettes sold or offered for tive date of this Act, the Administrator (4) the failure to establish or maintain any sale— shall, by regulation, after consultation with record, or make any report or other submis- (i) does not exceed 50 packages of ciga- an Advisory Committee established for such sion, or to provide any notice required by or rettes, be liable for a civil penalty not to ex- purpose, establish the standards and proce- under this Act; or the refusal to permit ac- ceed $500 for each sale or offer for sale, and dures for promulgating rankings, com- cess to, verification of, or copying of any (ii) exceeds 50 packages of cigarettes, be prehensible to consumers of tobacco prod- record as required by this Act; liable for a civil penalty not to exceed $1,000 ucts, of the following categories of tobacco (5) the refusal to permit entry or inspec- for each sale or offer for sale; products and also nicotine-containing prod- tion as authorized by this Act; (B) for each subsequent offense for each ucts on the basis of the relative risks of seri- (6) the making to the Administrator of a sale or offer for sale of cigarettes, if the total ous or chronic tobacco-related diseases and statement, report, certification or other sub- number of cigarettes sold or offered for adverse health conditions those categories of mission required by this Act, with knowl- sale— tobacco products and also nicotine-con- edge that such statement, report, certifi- (i) does not exceed 50 packages of ciga- taining products respectively present— cation, or other submission is false in a ma- rettes, be liable for a civil penalty not to ex- (1) cigarettes; terial aspect; ceed $2,000 for each sale or offer for sale, and (2) loose tobacco for roll-your-own tobacco (7) the manufacturing, shipping, receiving, (ii) exceeds 50 packages of cigarettes, be products; storing, selling, distributing, possession, or liable for a civil penalty not to exceed $5,000 (3) little cigars; use of any tobacco product with knowledge for each sale or offer for sale; (4) cigars; that it is an illicit tobacco product; except that the penalty imposed against any (5) pipe tobacco; (8) the forging, simulating without proper person during any 30-day period shall not ex- (6) moist snuff; permission, falsely representing, or without ceed $25,000. (7) dry snuff; proper authority using any brand name; SEC. 504. SEIZURE. (8) chewing tobacco; (9) the using by any person to his or her (a) ARTICLES SUBJECT TO SEIZURE.— (9) other forms of tobacco products, includ- own advantage, or revealing, other than to (1) Any tobacco product that is adulterated ing pelletized tobacco and compressed to- the Administrator or officers or employees or misbranded when introduced into or while bacco, treated collectively as a single cat- of the Agency, or to the courts when rel- in interstate commerce or while held for sale egory; and evant in any judicial proceeding under this (whether or not the first sale) after shipment (10) other nicotine-containing products, Act, any information acquired under author- in interstate commerce, or which may not, treated collectively as a single category. ity of this Act concerning any item which as under the provisions of this Act, be intro- The Administrator shall not have authority a trade secret is entitled to protection; ex- duced into interstate commerce, shall be lia- or discretion to establish a relative-risk cept that the foregoing does not authorize ble to be proceeded against while in inter- ranking of any category or subcategory of the withholding of information from either state commerce, or at any time thereafter, tobacco products or any category or sub- House of Congress or from, to the extent of on libel of information and condemned in category of nicotine-containing products matter within its jurisdiction, any com- any district court of the United States with- other than the ten categories specified in mittee or subcommittee of such committee in the jurisdiction of which the tobacco prod- this subsection. or any joint committee of Congress or any uct is found. No libel for condemnation shall (b) CONSIDERATIONS IN PROMULGATING REG- subcommittee of such joint committee; be instituted under this Act for any alleged ULATIONS.—In promulgating regulations (10) the alteration, mutilation, destruc- misbranding if there is pending in any court under this section, the Administrator— tion, obliteration, or removal of the whole or a libel for condemnation proceeding under (1) shall take into account relevant epi- any part of the labeling of, or the doing of this Act based upon the same alleged mis- demiologic studies and other relevant com- any other act with respect to, a tobacco branding, and not more than one such pro- petent and reliable scientific evidence; and product, if such act is done while such to- ceeding shall be instituted if no such pro- (2) in assessing the risks of serious or bacco product is held for sale (whether or not ceeding is so pending, except that such limi- chronic tobacco-related diseases and adverse the first sale) after shipment in interstate tations shall not apply— health conditions presented by a particular commerce, and results in such tobacco prod- (A) when such misbranding has been the category, shall consider the range of tobacco uct being adulterated or misbranded; basis of a prior judgment in favor of the products or nicotine-containing products (11) the importation of any tobacco prod- United States, in a criminal, injunction, or within the category, and shall give appro- uct that is adulterated, misbranded, or oth- libel for condemnation proceeding under this priate weight to the market shares of the re- erwise not in compliance with this Act; and Act, or spective products in the category. (12) the commission of any act prohibited (B) when the Administrator has probable (c) PROMULGATION OF RANKINGS OF CAT- by section 201 of this Act. cause to believe from facts found, without EGORIES.—Once the initial regulations re- SEC. 502. INJUNCTION PROCEEDINGS. hearing, by the Administrator or any officer quired by subsection (a) are in effect, the Ad- (a) The district courts of the United States or employee of the Agency that the mis- ministrator shall promptly, by order, after shall have jurisdiction, for cause shown, to branded tobacco product is dangerous to notice and an opportunity for comment, pro- restrain violations of this Act, except for health beyond the inherent danger to health mulgate to the general public rankings of violations of section 701(k). posed by tobacco, or that the labeling of the the categories of tobacco products and nico- (b) In case of an alleged violation of an in- misbranded tobacco product is fraudulent, or tine-containing products in accordance with junction or restraining order issued under would be in a material respect misleading to those regulations. The Administrator shall this section, which also constitutes a viola- the injury or damage of the purchaser or promulgate the initial rankings of those cat- tion of this Act, trial shall be by the court, consumer. In any case where the number of egories of tobacco products and nicotine-con- or upon demand of the defendant, by a jury. libel for condemnation proceedings is limited taining products to the general public not SEC. 503. PENALTIES. as above provided, the proceeding pending or later than January 1, 2010. Thereafter, on an (a) CRIMINAL PENALTIES.—Any person who instituted shall, on application of the claim- annual basis, the Administrator shall, by willfully violates a provision of section 501 of ant, seasonably made, be removed for trial to order, promulgate to the general public up- this Act shall be imprisoned for not more any district agreed upon by stipulation be- dated rankings that are (1) in accordance than one year or fined not more than $25,000, tween the parties, or, in case of failure to so with those regulations, and (2) reflect the or both. stipulate within a reasonable time, the scientific evidence available at the time of (b) CIVIL PENALTIES FOR VIOLATION OF SEC- claimant may apply to the court of the dis- promulgation. The Administrator shall open TION 803.— trict in which the seizure has been made, and

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.055 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4363 such court (after giving the United States copy of the analysis, if any, on which the the court in which the case is to be tried all attorney for such district reasonable notice proceeding is based and the identifying records in the case necessary in order that and opportunity to be heard) shall by order, marks or numbers, if any, of the packages such court may exercise jurisdiction. unless good cause to the contrary is shown, from which the samples analyzed were ob- (2) The court to which such case was re- specify a district of reasonable proximity to tained. moved shall have the powers and be subject the claimant’s principal place of business, to (d) DISPOSITION OF CONDEMNED TOBACCO to the duties, for purposes of such case, which the case shall be removed for trial. PRODUCTS.—(1) Any tobacco product con- which the court from which removal was (2) The following shall be liable to be pro- demned under this section shall, after entry made would have had, or to which such court ceeded against at any time on libel of infor- of the decree, be disposed of by destruction would have been subject, if such case had not mation and condemned in any district court or sale as the court may, in accordance with been removed. the provisions of this section, direct; and the of the United States within the jurisdiction (g) ADMINISTRATIVE DETENTION OF TOBACCO proceeds thereof, if sold, less the legal costs of which they are found— PRODUCTS.— and charges, shall be paid into the Treasury (A) any tobacco product that is an illicit (1) DETENTION AUTHORITY.— of the United States; but such tobacco prod- tobacco product; (A) IN GENERAL.—An officer or qualified uct shall not be sold under such decree con- (B) any container of an illicit tobacco employee of the Agency may order the de- trary to the provisions of this Act or the product; tention, in accordance with this subsection, laws of the jurisdiction in which sold. After (C) any equipment or thing used in making of any tobacco product that is found during entry of the decree and upon the payment of an illicit tobacco product; and an inspection, examination, or investigation the costs of such proceedings and the execu- (D) any adulterated or misbranded tobacco under this Act conducted by such officer or product. tion of a good and sufficient bond conditioned that such article shall not be sold or qualified employee, if the officer or qualified (3)(A) Except as provided in subparagraph employee has credible evidence or informa- (B), no libel for condemnation may be insti- disposed of contrary to the provisions of this Act or the laws of any State in which sold, tion indicating that such article presents a tuted under paragraph (1) or (2) against any threat of serious adverse health con- tobacco product which— the court may by order direct that such tobacco product be delivered to the owner sequences beyond those normally inherent in (i) is misbranded under this Act because of the use of tobacco products. its advertising, and thereof to be destroyed or brought into compliance with the provisions of this Act, under (B) ADMINISTRATOR’S APPROVAL.—A to- (ii) is being held for sale to the ultimate bacco product or component thereof may be consumer in an establishment other than an the supervision of an officer or employee duly designated by the Administrator; and ordered detained under subparagraph (A) if, establishment owned or operated by a manu- but only if, the Administrator or an official facturer, packer, or distributor of the to- the expenses of such supervision shall be paid by the person obtaining release of the designated by the Administrator approves bacco product. the order. An official may not be so des- (B) A libel for condemnation may be insti- tobacco product under bond. If the tobacco product was imported into the United States ignated unless the official is an officer with tuted under paragraph (1) or (2) against a to- supervisory responsibility for the inspection, bacco product described in subparagraph (A) and the person seeking its release establishes (A) that the adulteration, misbranding, or examination, or investigation that led to the if the tobacco product’s advertising which order. resulted in the tobacco product being mis- violation did not occur after the tobacco product was imported, and (B) that the per- (2) PERIOD OF DETENTION.—A tobacco prod- branded was disseminated in the establish- uct may be detained under paragraph (1) for ment in which the tobacco product is being son seeking the release of the tobacco product had no cause for believing that it was a reasonable period, not to exceed 20 days, held for sale to the ultimate consumer— unless a greater period, not to exceed 30 (i) such advertising was disseminated by, adulterated, misbranded, or in violation before it was released from customs custody, days, is necessary, to institute an action or under the direction of, the owner or oper- under subsection (a) or section 702. ator of such establishment, or the court may permit the tobacco product to be delivered to the owner for exportation (3) SECURITY OF DETAINED TOBACCO PROD- (ii) all or part of the cost of such adver- UCT.—An order under paragraph (1) may re- tising was paid by such owner or operator. under section 709 in lieu of destruction upon a showing by the owner that there is a rea- quire that the tobacco product to be de- (b) PROCEDURES.—The tobacco product, tained be labeled or marked as detained, and equipment, or other thing proceeded against sonable certainty that the tobacco product will not be re-imported into the United shall require that the tobacco product be shall be liable to seizure by process pursuant maintained in or removed to a secure facil- to the libel, and the procedure in cases under States. (2) The provisions of paragraph (1) of this ity, as appropriate. A tobacco product sub- this section shall conform, as nearly as may ject to such an order shall not be transferred be, to the procedure in admiralty; except subsection shall, to the extent deemed appro- by any person from the place at which the that on demand of either party any issue of priate by the court, apply to any equipment tobacco product is ordered detained, or from fact joined in any such case shall be tried by or other thing which is not otherwise within the place to which the tobacco product is so jury. When libel for condemnation pro- the scope of such paragraph and which is re- removed, as the case may be, until released ceedings under this section, involving the ferred to in paragraph (2) of subsection (a). by the Administrator or until the expiration same claimant and the same issues of adul- (3) Whenever in any proceeding under this of the detention period applicable under such teration or misbranding, are pending in two section, involving paragraph (2) of subsection order, whichever occurs first. This sub- or more jurisdictions, such pending pro- (a), the condemnation of any equipment or section may not be construed as authorizing ceedings, upon application of the claimant thing (other than a tobacco product) is de- the delivery of the tobacco product pursuant seasonably made to the court of one such ju- creed, the court shall allow the claim of any risdiction, shall be consolidated for trial by claimant, to the extent of such claimant’s to the execution of a bond while the tobacco order of such court, and tried in (1) any dis- interest, for remission or mitigation of such product is subject to the order, and section trict selected by the claimant where one of forfeiture if such claimant proves to the sat- 709 does not authorize the delivery of the to- such proceedings is pending; or (2) a district isfaction of the court (A) that such claimant bacco product pursuant to the execution of a agreed upon by stipulation between the par- has not caused the equipment or thing to be bond while the article is subject to the order. ties. If no order for consolidation is so made within one of the categories referred to in (4) APPEAL OF DETENTION ORDER.— within a reasonable time, the claimant may such paragraph (2) and has no interest in any (A) IN GENERAL.—With respect to a tobacco apply to the court of one such jurisdiction tobacco product referred to therein, (B) that product ordered detained under paragraph and such court (after giving the United such claimant has an interest in such equip- (1), any person who would be entitled to be a States attorney for such district reasonable ment or other thing as owner or lienor or claimant of such tobacco product if the to- notice and opportunity to be heard) shall by otherwise, acquired by such claimant in good bacco product were seized under subsection order, unless good cause to the contrary is faith, and (C) that such claimant at no time (a) may appeal the order to the Adminis- shown, specify a district of reasonable prox- had any knowledge or reason to believe that trator. Within five days after such an appeal imity to the claimant’s principal place of such equipment or other thing was being or is filed, the Administrator, after providing business, in which all such pending pro- would be used in, or to facilitate, the viola- opportunity for an informal hearing, shall ceedings shall be consolidated for trial and tion of laws of the United States relating to confirm or terminate the order involved, and tried. Such order of consolidation shall not any illicit tobacco product. such confirmation by the Administrator apply so as to require the removal of any (e) COSTS AND FEES.—When a decree of con- shall be considered a final agency action for case the date for trial of which has been demnation is entered against the tobacco purposes of section 702 of title 5, United fixed. The court granting such order shall product or other article, court costs and fees, States Code. If during such five-day period give prompt notification thereof to the other and storage and other proper expenses shall the Administrator fails to provide such an courts having jurisdiction of the cases cov- be awarded against the person, if any, inter- opportunity, or to confirm or terminate such ered thereby. vening as claimant of the tobacco product or order, the order is deemed to be terminated. (c) SAMPLES AND ANALYSES.—The court at other article. (B) EFFECT OF INSTITUTING COURT ACTION.— any time after seizure up to a reasonable (f) REMOVAL FOR TRIAL.—In the case of re- The process under subparagraph (A) for the time before trial shall by order allow any moval for trial of any case as provided by appeal of an order under paragraph (1) termi- party to a condemnation proceeding, the par- subsection (a) or (b)— nates if the Administrator institutes an ac- ty’s attorney or agent, to obtain a represent- (1) The clerk of the court from which re- tion under subsection (a) or section 702 re- ative sample of the article seized and a true moval is made shall promptly transmit to garding the tobacco product involved.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.055 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4364 CONGRESSIONAL RECORD — HOUSE April 1, 2009 SEC. 505. REPORT OF MINOR VIOLATIONS. bacco products manufactured, prepared, or (1) it is not in conflict with the laws of the Nothing in this Act shall be construed as processed in an establishment not so reg- country to which it is intended fore export, requiring the Administrator to report for istered are imported or offered for import as shown by either (A) a document issued by prosecution, or for institution of libel or in- into the United States, samples of such to- the government of that country or (B) a doc- junction proceedings, minor violations of bacco products be delivered to the Adminis- ument provided by a person knowledgeable this Act whenever the Administrator be- trator, with notice of such delivery to the with respect to the relevant laws of that lieves that the public interest will be ade- owner or consignee, who may appear before country and qualified by training and experi- quately served by a suitable written notice the Administrator and have the right to in- ence to opine on whether the tobacco prod- or warning. troduce testimony. If it appears from the ex- uct is or is not in conflict with such laws; SEC. 506. INSPECTION. amination of such samples or otherwise that (2) it is labeled on the outside of the ship- (a) AUTHORITY TO INSPECT.—The Adminis- (1) such tobacco product is forbidden or re- ping package that it is intended for export; trator shall have the power to inspect the stricted in sale in the country in which it and premises of a tobacco product manufacturer was produced or from which it was exported, (3) the particular units of tobacco product for purposes of determining compliance with or (2) such tobacco product is adulterated, intended for export have not been sold or of- this Act, or the regulations promulgated misbranded, or otherwise in violation of this fered for sale in domestic commerce. under it. Officers of the Agency designated Act, then such tobacco product shall be re- (b) PRODUCTS FOR U.S. ARMED FORCES by the Administrator, upon presenting ap- fused admission, except as provided in sub- OVERSEAS.—A tobacco product intended for propriate credentials and a written notice to section (b) of this section. The Secretary of export shall not be exempt from this Act if the person in charge of the premises, are au- Homeland Security shall cause the destruc- it is intended for sale or distribution to thorized to enter, at reasonable times, with- tion of any such tobacco product refused ad- members or units of the Armed Forces of the out a search warrant, any factory, ware- mission unless such tobacco product is ex- United States located outside of the United house, or other establishment in which to- ported, under regulations prescribed by the States. bacco products are manufactured, processed, Secretary of Homeland Security, within (c) This Act shall not apply to a person packaged, or held for domestic distribution. ninety days of the date of notice of such re- that manufactures and/or distributes tobacco Any such inspection shall be conducted with- fusal or within such additional time as may products solely for export under subsection in reasonable limits and in a reasonable be permitted pursuant to such regulations. (a), except to the extent such tobacco prod- manner, and shall be limited to examining (b) DISPOSITION OF REFUSED TOBACCO PROD- ucts are subject to subsection (b). only those things, including but not limited UCTS.—Pending decision as to the admission TITLE VI—MISCELLANEOUS PROVISIONS to records, relevant to determining whether of a tobacco product being imported or offered for import, the Secretary of Homeland SEC. 601. USE OF PAYMENTS UNDER THE MASTER violations of this Act, or regulations under SETTLEMENT AGREEMENT AND IN- it, have occurred. No inspection authorized Security may authorize delivery of such to- DIVIDUAL STATE SETTLEMENT by this section shall extend to financial bacco product to the owner or consignee AGREEMENTS. data, sales data other than shipment data, upon the execution by such consignee of a (a) REDUCTION OF GRANT AMOUNTS.—(1) For pricing data, personnel data (other than data good and sufficient bond providing for the fiscal year 2010 and each subsequent fiscal as to qualifications of technical and profes- payment of such liquidated damages in the year, the Secretary shall reduce, as provided sional personnel performing functions sub- event of default as may be required pursuant in subsection (b), the amount of any grant ject to this Act), or research data. A sepa- to regulations of the Secretary of Homeland under section 1921 of the Public Health Serv- rate notice shall be given for each such in- Security. If it appears to the Administrator ice Act (42 U.S.C. § 300x–21) for any State spection, but a notice shall not be required that a tobacco product included within the that spends on tobacco control programs for each entry made during the period cov- provisions of clause (3) of subsection (a) of from the funds received by such State pursu- ered by the inspection. Each such inspection this section can, by relabeling or other ac- ant to the Master Settlement Agreement, shall be commenced and completed with rea- tion, be brought into compliance with this the Florida Settlement Agreement, the Min- sonable promptness. Act or rendered other than a tobacco prod- nesota Settlement Agreement, the Mis- (b) REPORT OF OBSERVATIONS.—Before leav- uct, final determination as to admission of sissippi Memorandum of Understanding, or ing the premises, the officer of the Agency such tobacco product may be deferred and, the Texas Settlement Agreement, as applica- who has supervised or conducted the inspec- upon filing of timely written application by ble, less than 20 percent of the amounts re- tion shall give to the person in charge of the the owner or consignee and the execution by ceived by that State from settlement pay- premises a report in writing setting forth such consignee of a bond as provided in the ments. any conditions or practices that appear to preceding provisions of this subsection, the (2) In the case of a State whose legislature manifest a violation of this Act, or the regu- Administrator may, in accordance with regu- does not convene a regular session in fiscal lations under it. lations, authorize the applicant to perform year 2009 or 2010, and in the case of a State (c) SAMPLES.—If the officer has obtained such relabeling or other action specified in whose legislature does not convene a regular any sample in the course of inspection, prior such authorization (including destruction or session in fiscal year 2010, the requirement to leaving the premises that officer shall export of rejected tobacco products or por- described in subsection (a)(1) as a condition give to the person in charge of the premises tions thereof, as may be specified in the Ad- of receipt of a grant under section 1921 of the a receipt describing the samples obtained. As ministrator’s authorization). All such re- Public Health Service Act shall apply only to each sample obtained, the officer shall labeling or other action pursuant to such au- for fiscal year 2009 and subsequent fiscal furnish promptly to the person in charge of thorization shall in accordance with regula- years. the premises a copy of the sample and of any tions be under the supervision of an officer (b) DETERMINATION OF STATE SPENDING.— analysis made upon the sample. or employee of the Agency designated by the Before making a grant under section 1921 of SEC. 507. EFFECT OF COMPLIANCE. Administrator, or an officer or employee of the Public Health Service Act, section 300x– Compliance with the provisions of this Act the Department of Homeland Security des- 21 of title 42, United States Code, to a State and the regulations promulgated under it ignated by the Secretary of Homeland Secu- for the first applicable fiscal year or any sub- shall constitute a complete defense to any rity. sequent fiscal year, the Secretary shall civil action, including but not limited to any (c) CHARGES CONCERNING REFUSED TOBACCO make a determination of whether, during the products liability action, that seeks to re- PRODUCTS.—All expenses (including travel, immediately preceding fiscal year, the State cover damages, whether compensatory or pu- per diem or subsistence, and salaries of offi- has spent on tobacco control programs, from nitive, based upon an alleged defect in the cers or employees of the United States) in the funds received by such State pursuant to labeling or advertising of any tobacco prod- connection with the destruction provided for the Master Settlement Agreement, the Flor- uct distributed for sale domestically. in subsection (a) of this section and the su- ida Settlement Agreement, the Minnesota SEC. 508. IMPORTS. pervision of the relabeling or other action Settlement Agreement, the Mississippi (a) IMPORTS; LIST OF REGISTERED FOREIGN authorized under the provisions of sub- Memorandum of Understanding, or the Texas ESTABLISHMENTS; SAMPLES FROM UNREGIS- section (b) of this section, the amount of Settlement Agreement, as applicable, at TERED FOREIGN ESTABLISHMENTS; EXAMINA- such expenses to be determined in accord- least the amount referenced in (a)(1). If, TION AND REFUSAL OF ADMISSION.—The Sec- ance with regulations, and all expenses in after notice to the State and an opportunity retary of Homeland Security shall deliver to connection with the storage, cartage, or for a hearing, the Secretary determines that the Administrator, upon request by the Ad- labor with respect to any tobacco product re- the State has spent less than such amount, ministrator, samples of tobacco products fused admission under subsection (a) of this the Secretary shall reduce the amount of the that are being imported or offered for import section, shall be paid by the owner or con- allotment under section 300x–21 of title 42, into the United States, giving notice thereof signee and, in default of such payment, shall United States Code, for the State for the fis- to the owner or consignee, who may appear constitute a lien against any future importa- cal year involved by an amount equal to— before the Administrator and have the right tions made by such owner or consignee. (1) in the case of the first applicable fiscal to introduce testimony. The Administrator SEC. 509. TOBACCO PRODUCTS FOR EXPORT. year, 10 percent of the amount determined shall furnish to the Secretary of Homeland (a) EXEMPTION FOR TOBACCO PRODUCTS EX- under section 300x–33 of title 42, United Security a list of establishments registered PORTED.—Except as provided in subsection States Code, for the State for the fiscal year; pursuant to subsection (d) of section 109 of (b), a tobacco product intended for export (2) in the case of the first fiscal year fol- this Act, and shall request that, if any to- shall be exempt from this Act if— lowing such applicable fiscal year, 20 percent

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.055 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4365 of the amount determined under section a complete test trial for that brand style; mainder of this Act, the amendments made 300x–33 of title 42, United States Code, for and by this Act, and the application of the provi- the State for the fiscal year; (D) in a laboratory that has been accred- sions of this Act to any other person or cir- (3) in the case of the second such fiscal ited in accordance with ISO/IEC 17205 of the cumstance shall not be affected, and shall year, 30 percent of the amount determined International Organization for Standardiza- continue to be enforced to the fullest extent under section 300x–33 of title 42, United tion (‘‘ISO’’) and that has an implemented possible. States Code, for the State for the fiscal year; quality control and quality assurance pro- TITLE VII—TOBACCO GROWER and gram that includes a procedure capable of PROTECTION (4) in the case of the third such fiscal year determining the repeatability of the testing SEC. 701. TOBACCO GROWER PROTECTION. or any subsequent fiscal year, 40 percent of results to a repeatability value that is no No provision in this Act shall allow the the amount determined under section 300x–33 greater than 0.19. Administrator or any other person to require of title 42, United States Code, for the State (2) To the extent a State or political sub- changes to traditional farming practices, infor the fiscal year. division enacts or has enacted legislation or cluding standard cultivation practices, cur- The Secretary shall not have authority or a regulation setting a fire safety standard ing processes, seed composition, tobacco discretion to grant to any State a waiver of for cigarettes, the performance standard em- type, fertilization, soil, record keeping, or the terms and requirements of this sub- ployed shall be that no more than 25 percent any other requirement affecting farming section or subsection (a). of the cigarettes of that brand style tested in practices. (c) DEFINITIONS.—For the purposes of this a complete test in accordance with para- Amend the title so as to read: ‘‘A bill to section— graph (1) exhibit full-length burns. protect the public health by establishing the (1) The term ‘‘first applicable fiscal year’’ (c) EXCEPTION TO SUBSECTION (b).—In the Tobacco Harm Reduction Center within the means— event that a manufacturer of a cigarette Department of Health and Human Services (A) fiscal year 2011, in the case of any that a State or political subdivision or its re- with certain authority to regulate tobacco State described in subsection (a)(2) of this spective delegated agency determines cannot products, and for other purposes.’’. section; and be tested in accordance with the test method The SPEAKER pro tempore. Pursu- (B) fiscal year 2010, in the case of any other prescribed in subsection (b)(1)(A), the manu- State. facturer shall propose a test method and per- ant to House Resolution 307, the gen- (2) The term ‘‘Florida Settlement Agree- formance standard for the cigarette to the tleman from Indiana (Mr. BUYER) and a ment’’ means the Settlement Agreement, to- State or political subdivision. Upon approval Member opposed each will control 15 gether with the exhibits thereto, entered of the proposed test method and a deter- minutes. into on August 25, 1997, between the State of mination by the State or political division The Chair recognizes the gentleman Florida and signatory tobacco product man- that the performance standard proposed by from Indiana. ufacturers, as specified therein. the manufacturer is equivalent to the per- Mr. BUYER. Thank you. (3) The term ‘‘Master Settlement Agree- formance standard prescribed in subsection Mr. Speaker, I have a parliamentary ment’’ means the Master Settlement Agree- (b)(2), the manufacturer may employ such inquiry: Because this is my substitute, ment, together with the exhibits thereto, en- test method and performance standard to tered into on November 23, 1998, between the do I speak last on the substitute? certify such cigarette pursuant to this sub- The SPEAKER pro tempore. A man- signatory States and signatory tobacco prod- section notwithstanding subsection (b). ager in opposition will have the right uct manufacturers, as specified therein. SEC. 603. INSPECTION BY THE ALCOHOL AND TO- (4) The term ‘‘Minnesota Settlement BACCO TAX TRADE BUREAU OF to close. Agreement’’ means the Settlement Agree- RECORDS OF CERTAIN CIGARETTE Mr. BUYER. Thank you. ment, together with the exhibits thereto, en- AND SMOKELESS TOBACCO SELL- With that, I will yield to the cospon- tered into on May 8, 1998, between the State ERS. sor of this bipartisan substitute, Mr. (a) IN GENERAL.—Any officer of the Bureau of Minnesota and signatory tobacco product MCINTYRE of North Carolina. of the Alcohol and Tobacco Tax Trade Bu- manufacturers, as specified therein. Mr. MCINTYRE. Mr. Speaker, I rise reau may, during normal business hours, (5) The term ‘‘Mississippi Memorandum of this evening in support of the Youth Understanding’’ means the Memorandum of enter the premises of any person described in Understanding, together with the exhibits subsection (b) for the purposes of inspect- Prevention and Harm Reduction Act, thereto and Settlement Agreement con- ing— which is embodied in the substitute templated therein, entered into on July 2, (1) any records or information required to that Mr. BUYER is describing and offer- 1997, between the State of Mississippi and be maintained by such person under the pro- ing and on which he and I have worked signatory tobacco product manufacturers, as visions of law referred to in subsection (d); or together, which is a bipartisan bill. specified therein. (2) any cigarettes or smokeless tobacco I have worked with Mr. BUYER to (6) The term ‘‘Secretary’’ means the Sec- kept or stored by such person at such prem- craft a practical approach to govern- retary of Health and Human Services. ises. (b) COVERED PERSONS.—Subsection (a) ap- ment regulation of tobacco that pro- (7) The term ‘‘Texas Settlement Agree- tects health while preserving a vital ment’’ means the Settlement Agreement, to- plies to any person who engages in a delivery gether with the exhibits thereto, entered sale, and who ships, sells, distributes, or re- economic engine for many commu- into on January 16, 1998, between the State ceives any quantity in excess of 10,000 ciga- nities, not only throughout my district of Texas and signatory tobacco product man- rettes, or any quantity in excess of 500 sin- in southeastern North Carolina and ufacturers, as specified therein. gle-unit consumer-sized cans or packages of across the great Tar Heel State, but SEC. 602. PREEMPTION OF STATE LAWS IMPLE- smokeless tobacco, within a single month. also across the country. MENTING FIRE SAFETY STANDARD (c) RELIEF.— The underlying bill will grant the (1) IN GENERAL.—The district courts of the FOR CIGARETTES. Food and Drug Administration wide (a) IN GENERAL.—With respect to fire safe- United States shall have the authority in a ty standards for cigarettes, no State or polit- civil action under this subsection to compel authority to dictate to manufacturers ical subdivision shall— inspections authorized by subsection (a). and growers dramatic changes in prod- (1) require testing of cigarettes that would (2) VIOLATIONS.—Whoever violates sub- uct design and leaf cultivation, a con- be in addition to, or different from, the test- section (a) or an order issued pursuant to cern that has been raised repeatedly by ing prescribed in subsection (b); or paragraph (1) shall be subject to a civil pen- the tobacco growers in my district and (2) require a performance standard that is alty in an amount not to exceed $10,000 for tobacco growers throughout the States in addition to, or different from, the per- each violation. that are affected. The last thing we formance standard set forth in subsection (d) COVERED PROVISIONS OF LAW.—The pro- (b). visions of law referred to in this subsection want, of course, is to have any govern- (b) TEST METHOD AND PERFORMANCE STAND- are— ment bureaucrat coming on the farm ARD.— (1) the Act of October 19, 1949 (15 U.S.C. 375; or dictating to farmers about how they (1) To the extent a State or political sub- commonly referred to as the ‘‘Jenkins Act’’); grow their crops. This is the part that division enacts or has enacted legislation or (2) chapter 114 of title 18, United States we want to be abundantly clear about. a regulation setting a fire safety standard Code; and for cigarettes, the test method employed (3) this Act. b 2015 shall be— (e) DELIVERY SALE DEFINED.—In this sec- The tobacco industry contributes (A) the American Society of Testing and tion, the term ‘‘delivery sale’’ has the mean- over $36 billion to the U.S. economy Materials (‘‘ASTM’’) standard E2187–4, enti- ing given that term in 2343(e) of title 18, each year employing over 19,000 indi- United States Code, as amended by this Act. tled ‘‘Standard Test Method for Measuring viduals nationwide. In my home State the Ignition Strength of Cigarettes’’; SEC. 604. SEVERABILITY. (B) for each cigarette on 10 layers of filter If any provision of this Act, the amend- of North Carolina, over 8,600 people are paper; ments made by this Act, or the application employed by the industry with a State- (C) so that a replicate test of 40 cigarettes of any provision of this Act to any person or wide economic impact of nearly $24 bil- for each brand style of cigarettes comprises circumstance is held to be invalid, the re- lion. The manufacturing provisions and

VerDate Nov 24 2008 06:23 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\A01AP7.055 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4366 CONGRESSIONAL RECORD — HOUSE April 1, 2009 the concern about the FDA and its in- Mr. WAXMAN. Mr. Speaker, I am panies are not even advertising today volvement on the farm in the under- pleased at this time to yield 3 minutes in these types of magazines. lying bill would put many companies to a very important member of the En- But one of the reasons I didn’t go fur- and growers out of business. And in ergy and Commerce Committee and its ther in advertising is that when we this time of economic uncertainty, the Subcommittee on Health, the gentle- work in concert with the Harm Reduc- last thing that any of us can afford is lady from California (Mrs. CAPPS). tion Center under Health and Human to lose more jobs. Our substitute spe- Mrs. CAPPS. Mr. Speaker, I thank Services, what we seek to do is to in- cifically protects growers by pre- my colleague and chairman of our com- form the public with regard to the rel- venting any government agency from mittee and a real pioneer and hero in ative risks among different types of to- requiring changes to traditional farm- this area. bacco product, and that’s what we seek ing practices, including standard I rise to give strong opposition to the to do. We seek to migrate people from cultivization practices, curing proc- Buyer amendment. the smoking to other types of products. esses, seed composition, tobacco-type The Buyer amendment would under- If I could, I would like to show ex- fertilization, soil, record keeping or mine the precise goals of this under- actly what I am about to share. any other requirement affecting farm- lying bill, that is to prevent kids from What I would like to share here with ing practices. smoking. There is nothing in the Buyer you is a chart, and what is important In addition, this bill is about public amendment that would restrict to- about this chart is about the con- health and prevents minors from smok- bacco marketing to youth, yet we tinuum of risk and about all of the dif- ing. Our substitute considers cutting- know that marketing to our kids is a ferent types of products that are avail- edge scientific research, as Mr. BUYER persistent tobacco company tactic. able in the marketplace today. has indicated a little while ago, which They do it to draw in new smokers at So when you think about this and would promote a harm-reduction strat- a very early age to replace their dwin- you think about the continuum of risk, egy to move smokers to less harmful dling client base because of people fi- what I did is I sought to say, All right. tobacco products. nally being able to quit or, unfortu- Let’s think about the products that are So we’re talking about here about nately, dying as a complication of presently available out there. protecting public health, definitely smoking. So when you think about that, we protecting minors, and making sure As a grandmother, I am horrified have non-filtered cigarettes. That’s the that our growers and farmers are not that my teenage granddaughters are worse. I mean, you get those toxins. put out of business. the target of disgusting adds like this You get them right into your body and According to applied economics, the very one. Dressed to the Nines, this substance, and that’s really bad. Non- use of these reduced tobacco products title was featured repeatedly in many filtered cigarettes. increases the average probability of magazines read frequently by young Then you’ve got filtered cigarettes. smoking cessation by over 10 percent. women and girls. The add highlights We know that’s a little bit better—all The Buyer-McIntyre substitute specifi- the latest fashion trends. It tells kids of these tobacco products are harmful. cally addresses youth tobacco by en- how to ‘‘update your closet,’’ and it di- So we go from non-filtered cigarettes couraging States to penalize minors for rects them, of all things, to the Camel to a filtered cigarette. purchasing and possessing tobacco cigarettes Web site. Then I have a vented filtered ciga- products. Under current law, retailers Under the Waxman-Platts bill, how- rette, but those are really bad, too, be- are prohibited from selling tobacco ever, we specifically eliminate this cause people try to gain access to that products to minors, but unlike with kind of marketing to kids that depict nicotine so they suck a little harder on the purchase of alcohol, minors are not smoking as cool or glamorous. And that cigarette and they draw it deeper penalized for underage purchase and that’s because it is not. Smoking is not into their lungs. That’s not a good possession of tobacco products. cool. It isn’t glamorous. It’s an expen- thing. This also calls upon the States to in- sive ticket to an early death, and the Then we have tobacco-heated ciga- crease their percentage of the Master tobacco companies and the magazines rettes like the Accord. Now, we know Settlement Agreement dollars to fund that run these adds, they know it, and that that reduces a lot of the toxic sub- tobacco cessation and public health they should be ashamed of themselves. stances, but we’re really not sure programs. In the past 10 years, States But these days, corporate shame is in where on the continuum of risk does it have spent just 3.2 percent of their short supply, and we cannot rely on it lie along with the electronic cigarette total tobacco-generated revenue on to- to protect our kids. because there isn’t sufficient science bacco prevention and cessation pro- In addition, this bill gives the FDA yet to back that up. grams. the authority to respond to the inevi- And these are products that—innova- We take this concern about our table attempts by tobacco companies tion that is coming out in the market- youth seriously. I had a son. Back to circumvent new restrictions. place because people every day are when he was in high school he was part So I urge my colleagues to reject this making conscious decisions about what of the Tobacco Free Kids Program and Buyer substitute amendment because we eat, what we drink on a risk assess- we understand, appreciate, and respect it lacks critical provisions that are so ment, and that’s what we are trying to that; and, in fact, our bill has even important to prevent children, our do here in the statute. stronger provisions dealing with that. youth, from smoking. So after electronic cigarettes, we The Buyer-McIntyre substitute is a I urge everyone to support the Wax- have smokeless tobacco products. Now, commonsense way to help protect pub- man-Platts bill. when I think about this, we can go lic health and protect our vital tobacco Mr. BUYER. I would say to the gen- from a non-filtered cigarette and go all economy and the jobs that we cannot tlelady who just spoke in the well that the way down 90 percent down the afford to lose, especially in this time of Mr. WAXMAN’s bill was drafted years health risk chart, 90 percent, to get to economic crisis in our country. ago, and it was drafted prior to the a U.S. smokeless product. I urge my colleagues to vote ‘‘yes’’ Master Settlement Agreement. And it Let’s talk about the difference be- on the Buyer-McIntyre substitute, a bi- is the Master Settlement Agreement tween a U.S. smokeless product and a partisan support, which provides a rea- itself that has great restrictions upon Swedish Snus. The U.S. smokeless to- sonable and pragmatic way to deal advertisers. So there is a reason that I bacco product is fermented. So through with tobacco regulation and help pro- don’t have it—I say to the gentlelady, that fermentation and the natural tect our minors from the harms of to- there is a reason I don’t have that part processing of tobacco and the bacco. in the bill because the Master Settle- nitrosamines, you still have some seri- I reserve my time. ment Agreement that is now adminis- ous carcinogens and some toxic sub- Mr. WAXMAN. Mr. Speaker, at this tered by the attorneys general in 46 stances. But it is still scientifically time, I rise to claim the time in opposi- States, including the District of Co- shown to be a much better and safer to- tion to the amendment. lumbia, who work in concert not only bacco product than that of smoking. The SPEAKER pro tempore. The gen- with the FDA but also with the Federal You see, it is not the nicotine that is tleman from California is recognized. Trade Commission. These tobacco com- killing people. It’s the smoke. It’s the

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.162 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4367 smoke. It’s the smoke. That’s killing and although we may disagree on legis- guage has done in reducing teen smok- people. lation, I want to commend you for your ing has been left out, and what we are So to get away from that—I heard hard work in the prevention of smok- having brought forward is this bill that somebody coughing. It was the smoke, ing and trying to get children off will actually give the FDA stamp of ap- I am telling you. smoking as well. proval to some tobacco processes and If we can pull them away from the So, Mr. Speaker, I strongly support uses. And for someone as a wife, a smoke and move them down the con- the commonsense amendment proposed mother, a grandmother, a community tinuum of risk chart—actually if we by the gentleman from Indiana. And I volunteer that has actually worked to could get them into a Swedish snus, strongly oppose the underlying bill. address school health curriculums, to get them into a pasteurized product, Putting a dangerous, overworked address smoking, to fight and work we take away 98 percent of the health FDA in charge of tobacco is a threat to with smoking cessation programs, I risk. And then if we can get them to— public safety. Last year, the FDA com- know that that is a dangerous step to actually they are now called dissolv- missioner testified that he had serious give the FDA stamp of approval to to- able tobacco products. These are orbs concerns that this bill could undermine bacco usage. or strips that you can lay on your the public health role of the FDA. And In addition to that, this is legislation tongue or a stick that’s a little like an the FDA Science Board said the FDA’s that is going to build a bureaucracy. It oversized toothpick that you can stick inability to keep up with scientific ad- is going to pull the government into in your mouth. These are tobacco prod- vancements means that Americans’ our farms, into our manufacturers, ucts that contain no nitrosamines, and lives will be at risk. into our retailers further and further. you can eliminate 99 percent of the What are these risks? Well, let me health risk, but an individual can still talk about three areas that just hap- But, Mr. Speaker, I think that actu- gain their access to nicotine if they pened last year. ally that’s a lot of what is going on in like. Last summer, 1,400 people were this entire Congress, growing the bu- And what we’re trying to do, though, sickened by peppers from Mexico, but reaucracy. We’re hearing it’s going to is move then down the continuum of we shut down the entire tomato indus- take 250,000 new Federal employees to risk, make informed decisions in order try. Just last month, more than 100 implement the stimulus and this mas- for them to be healthier but still gain people become sick because of sal- sive budget that is before us; new Fed- access to their nicotine. monella and alfalfa sprouts. And in eral employees, 250,000 new Federal em- Then you have therapeutic nicotine January, more than 500 people became ployees. It is building bureaucracies, devices, which are your gum, your sick because of salmonella from Pea- taking power away from individuals, patches, your lozenges. nut Corporation of America. Amaz- taking power away from the House and And then we have pharmaceuticals. ingly enough, this plant had never been handing it over to a bureaucracy that We want people to quit smoking. But inspected even after Canada rejected a continues to grow every single day. in order to do this, what we’ve done— shipment of peanuts. That’s right. The And the steps that are being taken not only Mr. MCINTYRE but Mr. SHULER FDA is overworked. We have to rely on with moving tobacco to the FDA is an- and others here in a bipartisan effort— the Canadians to inspect our food now. other part of that. We know the FDA is to create a harm-reduction strategy. Instead of putting our food and drug can’t do the job in front of them now And we embrace—so not only the goals supply at greater risk, let’s deal with when it comes to dealing with policing of Mr. WAXMAN on abstinence, but we the underage smoking head on. This drugs, looking at contaminated food, also embrace the goals of education, amendment does that by putting more addressing the issues that we have had prevention and cessation activities as resources into prevention and harm-re- with everything from peanut butter to we try to move people and make in- duction programs that have helped re- pistachios. They are not getting the formed choices along this continuum of duce youth smoking by over 50 percent job done, and now we want to pull risk. for the last 10 years. them on to our farms and into our Now, what is so, to me, unconscion- Let’s pass this amendment so that we manufacturing facilities addressing to- able is that if, in fact, Mr. WAXMAN’s can keep our kids safe from cigarettes bacco, and we have processes that al- bills were to pass, is that these new in- and keep our children safe with the ready work. But it’s not about funding novative types of nicotine delivery de- food that they eat. and keeping attention on processes vices could not make their access to 2030 that work. the market. Now as I said—I will say it b What we know is this is all about for the umpteenth time—I respect Mr. I ask my colleagues to support the growing a bureaucracy. I encourage my WAXMAN and his desire to try to get passage of the Buyer amendment. colleagues to vote against this bill. people to eliminate smoking. We just Mr. WAXMAN. Mr. Speaker, I am recognized that today only 7 percent going to reserve my time to close the Mr. BUYER. I yield myself such time success rate with regard to these type debate, so I will allow the gentleman as I may consume. of nicotine replacement therapies, and from Indiana (Mr. BUYER) to continue. According to the Journal of Health that’s a failure rate, and we shouldn’t Mr. BUYER. Mr. Speaker, I yield 3 Care Law and Policy, dated 2008, do that. minutes to the gentlewoman from Ten- ‘‘There is a very strong basis in science I reserve the balance of my time. nessee (Mrs. BLACKBURN). for believing that the harm caused by Mr. WAXMAN. Mr. Speaker, may I Mrs. BLACKBURN. Mr. Speaker, I current cigarettes can be massively re- inquire how much time each side has thank the gentleman from Indiana for duced by alternative nicotine delivery remaining? the excellent work that he has done on systems. Anti-tobacco campaigners The SPEAKER pro tempore. The gen- a substitute, for addressing this issue who refuse to discuss harm reduction tleman from California has 13 minutes the way it should be addressed. will merely be ensuring that they are remaining. The gentleman from Indi- We are all concerned about cigarette not part of the ongoing dialogue that ana has 71⁄2 minutes remaining. smoke and the effects of tobacco on our will shape this key area of policy.’’ Mr. WAXMAN. Well, I plan to close health, and I don’t think that is the de- I also would like to cite Britton and the debate, and I know that Mr. BUYER bate that is here. But one of the things has another speaker on his side, so I that concerns me in this debate is that Edwards in The Lancet, 2007. ‘‘The risk want to reserve the balance of my there are some pieces that have kind of of adverse effects associated with Snus time. been left out, that are not being ad- use is lower than that associated with Mr. BUYER. Mr. Speaker, I would dressed. smoking, overall by an estimated 90 yield to one of the cosponsors of this Well, we all are concerned about percent. Whatever the true overall haz- substitute, Mr. SHULER of North Caro- what has happened with teen smoking, ard, use of low nitrosamine smokeless lina, for as much time as he might con- with the effects of tobacco on an indi- products is clearly substantially less sume. vidual’s health. One of the things that harmful than tobacco smoking.’’ Mr. SHULER. Mr. Chairman, I want has happened is the Synar amendment Also citing the Scientific Committee to commend you for your hard work, and the good work that the Synar lan- on Emerging and Newly Identified

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.163 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4368 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Health Risks, dated 2007, ‘‘The mag- has over 100 years of experience in set- ready being approved as safe by the nitude of the overall reduction in haz- ting science-based standards to protect FDA, and instead, he wants to sub- ard,’’ meaning switching from ciga- and promote the public health. stitute smokeless tobacco for smoking rettes to smokeless, ‘‘is difficult to es- Mr. BUYER’s substitute would ignore cigarettes. timate.’’ But as outlined in their paper, all of this expertise, would ignore the The substitute fails to protect con- for cardiovascular disease, it is at least whole record of all of the public health sumers from false and misleading a 50 percent reduction; for pancreatic organizations, and set up a new agency. claims about reduced harm. It would cancer, it is at least 30 percent; for oral And the premise of his new agency allow tobacco companies to market and other GI cancer, it is at least 50 would be tobacco harm reduction, and products as safer or posing less risk percent reduction and probably more; he showed us a chart. That chart in ef- without providing scientific evidence and for lung cancer and chronic ob- fect said that what we should do is try that those claims are actually true. structive pulmonary disease, it’s pos- to encourage people to reduce the harm This means that consumers would still sibly even 100 percent. from tobacco by using other tobacco be vulnerable to false and misleading Now, what I’m hopeful is that at products. claims, and we know those claims: some point, I’m going to make this There’s no evidence to support his cigarettes are light, cigarettes are low quest that Mr. WAXMAN and I can approach. He is basing his assumption tar. Those are the claims we’ve heard somehow come together, because ac- that current smokers will use smoke- over the years, and they’re wrong, cording to CBO the reduction in the less tobacco to quit, but there’s no evi- they’re dangerous, they’re misleading, rates of smoking in the Waxman bill is dence to support this assumption. In and nothing would be done to stop two-tenths of 1 percent per year. So fact, the U.S. Public Health Service’s those kinds of claims under this sub- we’re going to take over $6 billion to clinical practice guidelines finds no stitute. Our bill would allow products reduce smoking rates under Mr. WAX- evidence to suggest that smokeless to- to be marketed as less hazardous only MAN’s approach by two-tenths of 1 per- bacco is effective in helping smokers when those claims are based on sound cent per year. Which means over a 10- quit. Rather than have smokers quit, science and only when the health of the year time frame, the total that we’re it’s just as likely that smokeless to- entire population is considered. going to reduce for smoking in the en- bacco can be used to introduce youth And finally, the substitute gives the tire country is 2 percent. We are going to tobacco use and to discourage smok- tobacco industry a vote in advising the to reduce smoking rates in the country ers from quitting. I would submit that agency on scientific decisions. This under Mr. WAXMAN by 2 percent. what his proposal would do would be to flies in the face of everything we know We can do much better than that, do everything but get smokers to quit, about the industry. Big Tobacco has and that’s why we have this substitute and it does not focus on getting people shown repeatedly that it will distort is that we want to move people from not to start smoking in the first place. and discard scientific evidence in serv- smoking down the continuum of risk to The only evidence one can cite for ice of its business objectives without eventually quitting, and I think that’s using smokeless tobacco to quit is in- regard to the public health. We don’t exactly what the chairman embraces. adequate. It’s not based on science, and give drug or device manufacturers a Please support the substitute. I’m sure it will be a tremendous boon vote in advising the FDA, and we The SPEAKER pro tempore. The gen- to the smokeless tobacco industry. shouldn’t do that here. Giving the to- tleman’s time has expired. A second major problem with the bacco industry voting representation Mr. WAXMAN. Mr. Speaker, I strong- substitute is that it fails to provide on a scientific advisory committee has ly oppose this substitute amendment any dedicated funding for tobacco regu- no precedent. offered by Mr. BUYER. lation. Instead, it relies on a future ap- I would submit you can choose be- The bill before us, the Waxman- propriation that may or may not ever tween a substitute that’s just been of- Platts bill, has been carefully crafted come along, and then this new agency fered only in the last month or so or over more than a decade, in close con- is supposed to do something to reduce you can vote for a bill that has been re- sultation with the public health com- smoking in this country. viewed by and approved by the Heart munity. It’s been endorsed by over 1,000 It fails to create effective Federal en- Association, the Lung Association, the different public health, scientific, med- forcement to prevent tobacco sales to Cancer Society, the Campaign for To- ical, faith, and community organiza- minors. The Buyer amendment would bacco-Free Kids, the American Public tions. It is also supported by a pres- not punish individual retail clerks. In- Health Association, the American tigious and bipartisan group of former stead, it would fine kids for possession Academy of Pediatrics, the New Eng- public health officials, including rather than making sure that they land Journal of Medicine, and the former Secretaries of Health and don’t have access to cigarettes in the AARP, just to mention a few of the Human Services, Tommy Thompson first place. The Waxman-Platts bill thousand groups that oppose the Buyer and Donna Shalala; former Surgeons would instead create a strong Federal amendment and support the underlying General, David Satcher and Richard enforcement system to ensure that re- bill. Carmona; former CDC Director, Julie tailers do not sell to minors, while pro- This tobacco harm-reduction act pro- Gerberding; and former FDA Commis- viding adequate procedural protections posal is no substitute. In fact, it seems sioner, David Kessler. It reflects a for retailers. to me that the only harm it reduces is strong, reasonable, and comprehensive Another flaw, it allows tobacco com- harm to the tobacco industry. approach to addressing the tobacco epi- panies to keep targeting the kids. One I urge a ‘‘no’’ vote on the Buyer sub- demic. of the most critical goals of our bill is stitute. Now, this Buyer substitute is deeply to stop tobacco industry targeting of I yield back the balance of my time. flawed. It represents an inadequate re- our children. This bill that’s being of- The SPEAKER pro tempore. All time sponse for the greatest preventable fered as a substitute does nothing to for debate has expired. cause of death and disease in the address the problem. It leaves compa- Pursuant to clause 1(c) of rule XIX, United States. nies free to continue pushing their further proceedings on this measure One of the biggest problems in this products on kids and teenagers, and I are postponed. substitute is that it places oversight of would submit that that is not a good tobacco under a totally new, untested substitute for the bill that is before us. f agency. They create a new government I’m also extremely concerned that it b 2045 agency that lacks any experience in effectively exempts smokeless tobacco protecting the public health. FDA is products such as chewing tobacco from ANNOUNCEMENT BY THE SPEAKER our Nation’s primary protector of the any oversight. It assumes that those PRO TEMPORE public health, and it has both the regu- products are safe. Well, there’s no evi- The SPEAKER pro tempore. Pursu- latory and scientific expertise to han- dence for that. It ignores the range of ant to clause 8 of rule XX, the Chair dle the complex task of regulating to- harm-reduction options that pose far will postpone further proceedings bacco. The agency devoted 10 years to less risk such as nicotine replacement today on motions to suspend the rules investigating tobacco in the 1990s. It therapies, which, by the way, are al- on which a recorded vote or the yeas

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.165 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4369 and nays are ordered, or on which the Whereas the Small Business Act empowers I reserve the balance of my time. vote incurs objection under clause 6 of the Small Business Administration to take Mr. KING of Iowa. Mr. Speaker, I rule XX. actions to relieve the competitive disadvan- yield myself such time as I may con- Record votes on postponed questions tages that small businesses face; sume. Whereas one such competitive disadvan- will be taken tomorrow. (Mr. KING of Iowa asked and was tage for small businesses is a lack of mar- given permission to revise and extend f keting research and advertising budgets to attract and retain customers; his remarks.) PARLIAMENTARY INQUIRY Whereas the Small Business Administra- Mr. KING of Iowa. This resolution is Mr. BUYER. Mr. Speaker, I have a tion has recognized the value of on-premise about the on-premise sign industry. parliamentary inquiry. signage as a remedy to these competitive They say that a business without a The SPEAKER pro tempore. The gen- disadvantages and has taken action to reme- sign is a sign of no business. This com- tleman will state his inquiry. diate this disadvantage by collaborating monsense truism is proof that a well- with the sign industry to collect educational designed, on-premise sign can help Mr. BUYER. Why was I not given the information about signs and to publish that opportunity to ask for the yeas and small businesses succeed. information on its website that is free of According to the U.S. Small Business nays and it’s reserved for tomorrow? charge and easily accessible to all small Administration, on-premise signs are Do I have to be present tomorrow to businesses; and the ‘‘most effective, yet least expensive ask for the yeas and nays? I know you Whereas the on-premise sign industry will form of advertising for small busi- said further proceedings are extended. play a critical role in supporting the Na- tion’s small businesses during the current nesses.’’ The SPEAKER pro tempore. Further Small businesses need all the help proceedings on that measure are post- economic downturn: Now, therefore, be it Resolved, That the House of Representa- they can get during these difficult eco- poned. tives (1) applauds the United States Small nomic times that we are currently ex- Mr. BUYER. Further parliamentary Business Administration for educating small periencing, which would allow them inquiry. business owners on the benefits of using with the signage help, to use effective The SPEAKER pro tempore. The gen- well-placed, well-designed on-premise signs advertising as a good start. tleman will state his inquiry. to overcome competitive disadvantages in I say this as someone who brings over Mr. BUYER. Isn’t it normally a cus- the areas of marketing and advertising, and (2) encourages the on-premise sign industry 35 years of small business experience to tom at the end of the bill for me now to continue its efforts to produce a new and the table, which would include 8 years to ask for the yeas and nays? greater understanding of how to develop on the House Small Business Com- The SPEAKER pro tempore. The safer, more effective, and more affordable mittee, from which this resolution Chair has the discretion to postpone signage products so as to alleviate small comes. further consideration of the measure businesses’ competitive disadvantages in Just to touch some of the high spots under clause 1 of rule XIX. marketing and advertising. on the on-premise sign industry, we Mr. BUYER. Further inquiry. The SPEAKER pro tempore. Pursu- have small businesses in particular You will then place the House on no- ant to the rule, the gentlewoman from that are at a competitive disadvantage tice as to when we could then ask for New York (Ms. CLARKE) and the gen- with the large industries in the coun- the recorded vote for tomorrow, not tleman from Iowa (Mr. KING) each will try today. One of the things that helps only on the substitute, but also on Mr. control 20 minutes. them compete is the effectiveness of WAXMAN’s bill? The Chair recognizes the gentle- being able to place signs in proper loca- The SPEAKER pro tempore. The gen- woman from New York. tions. tleman should consult with the leader- GENERAL LEAVE When I think about driving down the ship about scheduling decisions. Ms. CLARKE. Mr. Speaker, I ask road and often we’re looking for the unanimous consent that all Members signage that directs us on where we f may have 5 legislative days to revise turn off—the right turn for gas, food, CONGRATULATING THE ON- and extend their remarks and include or clothing, or whatever it might be— PREMISE SIGN INDUSTRY extraneous material on the resolution it wouldn’t be America if it weren’t for the on-premise signs. It helps direct Ms. CLARKE. Mr. Speaker, I move to under consideration. The SPEAKER pro tempore. Is there customers to the small business sites. suspend the rules and agree to the reso- objection to the request of the gentle- I want to also add, Mr. Speaker, that lution (H. Res. 298) congratulating the woman from New York? the Small Business Act empowers the on-premise sign industry for its con- There was no objection. Small Business Administration to take tributions to the success of small busi- Ms. CLARKE. Mr. Speaker, I yield actions to relieve the competitive dis- nesses. myself such time as I may consume. advantage that small businesses face. The Clerk read the title of the resolu- The resolution we are voting on The Small Business Administration tion. today would recognize the contribu- has recognized the value of on-premise The text of the resolution is as fol- tions of the on-premise sign industry signage, as we recognize in this resolu- lows: to American commerce. The designers tion tonight. H. RES. 298 and manufacturers of signs are them- I will say that it’s a sign of the entre- Whereas safe, creative, and effective on- selves small businesses that employ preneurs in this country. It’s a sign of premise signage has served as a primary cat- thousands of Americans. their success. And lack of a sign is an alyst to successful small businesses in Amer- But this industry’s economic effect indication of a potential business fail- ica since the establishment of the Nation; extends beyond those Americans that ure. We simply cannot find these busi- Whereas most of the companies that manu- it employs directly. On-premise signs nesses to do business with them if it facture on-premise signs in the United are an effective and affordable adver- were not for signage, Mr. Speaker. States are in and of themselves small busi- tising medium, helping small busi- That’s what brings this resolution nesses as described by the Small Business Act and generate thousands of manufac- nesses communicate with potential here. turing jobs that stimulate the economy and customers. I’d also address that small business support the local, State, and Federal tax Many small businesses do not have feels this pressure of this downward bases; the resources to invest in expensive ad- economic spiral as much as or more Whereas the on-premise sign industry in vertising or costly marketing cam- than any other sector of this economy. turn sustains millions of additional entities paigns. This is especially true in tough They are pressured by their customers’ covered under the Small Business Act by economic times like right now. This in- lack of revenue, they’re pressured by providing to retail businesses across the dustry provides an affordable adver- budgets being squeezed, by large cor- country an affordable and effective advertising option for small business on porations, the pressure by the demands tising medium through which they can com- Main Street USA. of an economy that has shrunk dra- municate to potential customers about goods and services they offer, direct those cus- Mr. Speaker, this resolution ac- matically and that continues to stag- tomers to their small business sites, and re- knowledges the contributions of the nate in the bottom of the trough. inforce the memory of existing customers on-premise sign industry to American They’re pressured by taxation and reg- about the locations and the nature of these small business. I urge my colleagues to ulation more so than large businesses small businesses; vote ‘‘yes’’ on the resolution. are.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.168 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4370 CONGRESSIONAL RECORD — HOUSE April 1, 2009 The businesses that need these signs years, this spending, this profligate Ms. CLARKE. Mr. Speaker, I yield up in front of them are also the ones spending that’s rooted in the Keynes- back the balance of my time. that are under the scrutiny of the IRS. ian philosophy—John Maynard The SPEAKER pro tempore. The They’re under the scrutiny of the Fed- Keynes—who said, ‘‘I can solve all the question is on the motion offered by eral regulators. There is some informa- unemployment in America.’’ This is the gentlewoman from New York (Ms. tion that I have accumulated that during the economic crisis called the CLARKE) that the House suspend the shows that the businesses in this coun- Great Depression of the thirties. rules and agree to the resolution, H. try are subjected to over 680 Federal How did he propose to solve all the Res. 298. regulating agencies. Six hundred- unemployment problem in America? The question was taken; and (two- eighty. And the burden that small busi- He said, If I can just go out to an aban- thirds being in the affirmative) the ness has is they don’t have multiple doned coal mine and drill a lot of holes rules were suspended and the resolu- floors in their high-rise office buildings into the bottom of that abandoned coal tion was agreed to. that are full of lawyers and counselors mine and put U.S. dollars in those A motion to reconsider was laid on that are in the business of keeping holes, fill them back up again and fill the table. these businesses in compliance with all the coal mine full of garbage’’—and f the Federal regulations. that was the word he used, was gar- GENERAL LEAVE They need to have their property bage, which I thought was inter- rights preserved. They need to have esting—then he would turn the entre- Mr. SPRATT. Mr. Speaker, I ask low taxation and low regulation. Big preneurs in America loose and they unanimous consent that Members may business will often come to this Con- could go about digging through that have 5 legislative days to revise and ex- gress and advocate for more regula- garbage and that would put everybody tend their remarks and insert material tions because they know it puts them to work and it would solve the unem- relevant to the consideration of H. Con. at a competitive advantage over the ployment. Res. 85, the concurrent resolution on small businesses that are at a distinct This is the mindset that prevails in the budget for fiscal year 2010. disadvantage, Mr. Speaker. this psychology that comes from those The SPEAKER pro tempore. Is there These businesses need every advan- who are spending trillions and trillions objection to the request of the gen- tage we can give them because they are of our grandchildren’s dollars. tleman from South Carolina? the incubators for the businesses that It’s interesting. I don’t know that There was no objection. will grow into the large employers into John Maynard Keynes when he talked f the future. They happen to also be the about digging holes and burying money CONCURRENT RESOLUTION ON businesses that employ a significant and filling the coal mine up with gar- THE BUDGET FOR FISCAL YEAR majority—70 to 80 percent—of the em- bage, he didn’t talk about the signage 2010 ployees in this country. necessary to be able to direct the en- The SPEAKER pro tempore. Pursu- They can’t make it without signs. trepreneurs to the landfill or the coal ant to House Resolution 305 and rule They can’t make it without being able mine so they could begin to dig XVIII, the Chair declares the House in to exercise those property rights. The through that garbage and come up with the Committee of the Whole House on Small Business Administration recog- this money. the State of the Union for the consider- nizes that. We recognize that, also, in In fact, Keynes said: The more fool- ation of the concurrent resolution, H. this resolution tonight, as we recognize ish the spending, the better, because at Con. Res. 85. the burden of this economy, the burden least when you spend it in a foolish of this budget, and the extravagant ex- way, it’s not competing directly with b 2058 penses and spending that’s taking place the private sector that has, by virtue that’s rolling out from the top reaches IN THE COMMITTEE OF THE WHOLE of it being able to compete, dem- Accordingly, the House resolved of the government in this country. onstrated that it is a more prudent ex- Somehow, there has been this tsu- itself into the Committee of the Whole penditure than government can pos- nami of a current that has swallowed House on the state of the Union for the sibly make. us up—a Keynesian current—the idea consideration of the concurrent resolu- So I don’t submit that we bury that we can spend and borrow our way tion (H. Con. Res. 85) setting forth the money in the coal mine or fill the coal into prosperity, even though a family congressional budget for the United mine up with garbage. I think that the can’t do that, a small business knows States Government for fiscal year 2010 EPA would probably raise an objection they can’t do that, the on-premise sign and including the appropriate budg- with that, Mr. Speaker. But I do sub- industry knows that you can’t do that. etary levels for fiscal years 2009 and You’ve got to have effective utiliza- mit that we get our wits about us, get 2011 through 2014, with Mrs. TAUSCHER tion of the resources in order to find a a handle on what we’re doing with our in the chair. profit so that you can hire people. expenditures, get control of this prof- The Clerk read the title of the con- That’s what creates jobs, is profit. Pro- ligate spending that’s taking place and current resolution. ductivity marketed well, with good ad- take responsibility in our time, in our The CHAIR. Pursuant to the rule, the vertising, creates the profit that’s nec- generation, this year, now, here, in the concurrent resolution is considered essary in order to hire employees and House of Representatives, instead of read the first time. it creates the good jobs. delaying it off onto future generations. General debate shall not exceed 4 I want to provide the provision so Let’s tighten our belt now like a fam- hours, with 3 hours confined to the con- that in this country our small busi- ily would tighten their belt now. Let’s gressional budget, equally divided and nesses can succeed with signage, with make sure that the entrepreneurs in controlled by the Chair and ranking low taxes, low regulation, and not put- America have the tools they need to minority member of the Committee on ting the burden off onto future genera- help us recover from this downward the Budget, and 1 hour on the subject tions. spiral in our economy. of economic goals and policies, equally With that, Mr. Speaker, I would re- Let’s keep the taxes low, let’s keep divided and controlled by the gentle- serve the balance of my time. our spending low, let’s keep our bor- woman from New York (Mrs. MALONEY) Ms. CLARKE. Mr. Speaker, I reserve rowing low. Let’s keep our regulations and the gentleman from Texas (Mr. the balance of my time. low and let’s put our signs up high so BRADY). Mr. KING of Iowa. I would yield my- everybody can see where to turn off to The gentleman from South Carolina self the balance of my time. the small business and do business (Mr. SPRATT) and the gentleman from To reiterate these points that I’ve there. Wisconsin (Mr. RYAN) each will control made, it may not serve a purpose here, I yield back the balance of my time. 90 minutes of debate on the congres- but I would take us back to where we ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sional budget. stand with the Federal spending that The SPEAKER pro tempore. The The Chair recognizes the gentleman exists today. Chair would remind all Members to from South Carolina. This Federal spending that doubles clear the well while another Member is Mr. SPRATT. Madam Chair, Presi- our deficit in 5 years and triples it in 10 under recognition. dent Bush has left President Obama a

VerDate Nov 24 2008 06:23 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.171 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4371 hard hand to play. The economy is re- and makes a moderate adjustment to speculative just to predict what the ceding, the budget is in deficit by $1.752 nondefense discretionary spending, lift- economy is going to do 10 months from trillion, according to OMB, and the end ing it a bit above this year. now much less 10 years from now. Five- is nowhere in sight. Notwithstanding deficits, the Presi- year forecasts are, therefore, more re- dent’s budget launches some bold ini- alistic, more reliable; and, if the pro- b 2100 tiatives to make our economy more jected results don’t pan out, they are President Obama has responded with productive and our people more com- more amenable to adjustment. a budget that meets the challenge head petitive: First, in education through All projections rest on assumptions on. The Budget Committee’s resolution Pell Grants in particular; next, in about the future, and the assumptions before us tonight reflects his policies health care for the millions who are can have a profound effect on the bot- and his proposals. uninsured; and, finally, on alternative tom line. To show you how uncertain The President has recognized that we energy to reduce our dependence on assumptions can be and projections can have not one but two deficits. The first foreign oil and the depletion of our en- become, look at CBO’s recent experi- is an economy running at 6 percent to vironment. This resolution upholds ence. Just since last January, CBO’s 7 percent below its full capacity. To those priorities. estimate of the deficit is off by $436 bil- move our economy closer to its capac- Now, some will single out instances lion, since January. Look at the long ity, the President has signed into law a where additional revenue is raised, for run, because small differences com- package of stimulus measures totaling example, by allowing certain conces- pound over time into big differences. $787 billion. sions for upper-bracket taxpayers to Over 10 years, the difference between Here is what the Congressional Budg- expire at the end of 2010, which is the OMB’s estimate of tax revenues re- et Office says in its analysis issued 2 date they were set to expire. ceived and CBO’s is $2.8 trillion. That weeks ago about the stimulus package, But the bigger picture will show that is a huge difference that has a huge im- and I am quoting, ‘‘The adoption of the this budget leaves in place the middle- pact on the bottom line of these com- American Recovery and Reinvestment income tax cuts adopted in 2001 and peting forecasts. Act and very aggressive actions by the 2003, the 10 percent bracket, the child Fortunately, the congressional budg- Federal Reserve and the Treasury will tax credit, and the marriage penalty et process is an annual process. Since help end this recession this fall.’’ Let’s relief. It indexes the alternative min- we revisit the budget every year, we hope they are right. imum tax to keep it from coming down can take steps to correct its course, In light of this prognosis, it is hard on middle-income taxpayers, for whom which we will surely do with deficits of to believe, but our colleagues from it was never intended. It also extends this gravity looming over us. across the aisle use their budget to call estate tax exemptions at the 2009 level, For our part, I can tell you that we for terminating, ending, the Recovery $3.5 million per decedent, and indexes are mindful of the second 5 years. As and Reinvestment Act. the exemptions for future years. we approach 2015 and 2016, we will be The President next turned to the Our colleagues on the other side of making corrections to see that the def- budget. He has sent us a budget to cut the aisle have complained about the icit stays on a downward trajectory. the deficit by two-thirds, two-thirds by President’s tax and spending policies; We believe that these midcourse cor- 2013, from $1,752,000,000 from this year but let me read from CBO’s own non- rections can best be made when our to $533 billion in 2013. partisan analysis of the President’s economy has emerged from the reces- Now, it is all but impossible to bal- budget, which is basically before us to- sion and we have a much better and clearer view of an economy that ance a budget when the economy is in night. recession, and, for that matter, it is ill- I am quoting: Proposed changes in bounces back. Right now, our economy is mired in advised. To end, or at least to mitigate tax policy would reduce revenues by an the worst recession since the 1930s. It this recession, our economy is need of estimated $1.7 trillion over the next 10 stands in marked contrast to the fiscal more demand for goods and more de- years. Reduced revenues, by an esti- situation that the Bush administration mand for services, and any demand we mated $1.7 trillion over the next 10 generate to make the economy run bet- faced 8 years ago. Instead of inheriting years. That is CBO talking. a surplus of $5.6 trillion as did Presi- ter will make the deficit run larger at The President’s major initiatives, dent Bush, President Obama has inher- least for now. those in health care, energy, education, ited a deficit, a deficit of $1.7 trillion to But here is the stark reality: The def- the environment, are all implemented $1.8 trillion. At least $1.3 trillion is at- icit that President Bush left behind by way of reserve funds. And I would tributable to the spending and taxing constitutes a massive 12.3 percent of stress that these funds are deficit neu- policies of the Bush administration. our gross domestic product. At least tral. They are yet to be funded, and In effect, President Bush told us we two-thirds of that stems from tax and will only become operative to the ex- could have it all, guns, butter, and tax spending policies undertaken by the tent they are funded and will only be cuts, too, and never mind the deficits. Bush administration. Anyone, almost enacted if they are deficit neutral. Well, 8 years and $5 trillion later, the anyone, would agree that this is an The resolution before us sounds all of country is confronted with the worst unsustainable deficit, defensible only these themes and, with a few excep- deficits in our peacetime history. in deep intractable recessions. tion, supports the principles that un- These are not cyclical deficits so much President Obama clearly believes derlie the President’s own budget. This as they are structural deficits. They that, because he has responded with a is just the beginning; however, it is a were built into the structure of the budget that pares the deficit down to 3 bold beginning for the 2010 budget. budget over the last 8 years, and they percent of GDP in 2013. His budget cuts Our resolution is laid out in the form will overhang our budget for years to the deficit to $533 billion in 4 years. of a 5-year budget using CBO’s scoring come as we try to wind them down. The budget embodied in our resolu- and CBO’s projections of the economy. This situation cannot be reversed in tion before us tonight uses CBO projec- OMB has run its budget out over 10 a year, but we offer today a budget res- tions instead of OMB, and reduces the years and our Republican colleagues olution that puts us on the right path. deficit to $586 billion in 2013. That is 3.6 have done the same, but a 5-year budg- It will have to be renewed, it will have percent of GDP or, roughly, the real et is not at all unusual; in fact, it is to be complemented, it will have to be rate of growth for that year. the customary timeframe for budg- adjusted many times before the econ- Our budget is not so committed to eting. In recent years, four deficit re- omy and the budget are right again, deficit reduction that it overrides or duction acts have been enacted, and all but today we can start that process by overlooks other needs. In fact, it takes implemented budgets of less than 10 voting for this resolution. on topics that previous budgets have years. Graham-Rudman-Hollings, the I ask the Chair if she could tell me found too tough to tackle, like health Bush Budget Summit, the Clinton how much time was consumed. care for the millions of Americans who Budget in 1993, and the Balanced Budg- The CHAIR. The gentleman from lack insurance. et Act of 1997 all were 5-year budgets. South Carolina has used 9 minutes. On top of that, it slows down defense The farther out you run forecasts, Mr. SPRATT. I reserve the balance of spending with an increase of 4 percent, the more tenuous they become. It is my time.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00119 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.174 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4372 CONGRESSIONAL RECORD — HOUSE April 1, 2009 Mr. RYAN of Wisconsin. Madam no, it is more like $1,600 a year. The very well from history’s stories show Chair, let me inquire about the time al- point is, a lot of taxes. us high unemployment, stagnant wages lotments. I realize we have 2 hours Are these tax increases being used to and lower standards of living? equally divided. It is my understanding reduce the deficit? Are these tax in- I just find it so interesting and so the gentleman is going to do 10-minute creases being used to pay down debt ironic that European capitals are lec- blocks. Is that what the chairman is like President Clinton proposed in 1993, turing us today on fiscal discipline. It going to be doing? Okay. Let me ask, the last time we had a really large tax is kind of embarrassing actually. I find Madam Chair, how much time is re- increase? No. They are to fuel higher it amazing that the Chinese are lec- maining on their side. spending. turing us about getting our borrowing The CHAIR. They have used 9 min- But what is worse than all of that under control because they are worried utes. from a fiscal recklessness standpoint is about the value of our currency in our Mr. RYAN of Wisconsin. I yield 10 all these new taxes, $1.5 trillion, is to bonds. It is embarrassing. And yet, in minutes to myself to control that finance even more spending. So we are the middle of the night, we bring this block of time. Madam Chairman, this putting our country on this vicious budget up that proposes this enormous is a big debate. This is a very, very sig- cycle of chasing ever higher spending gusher of more spending, more bor- nificant debate. This is a debate about with ever higher taxes that never quite rowing and more taxing. And we think the budget of our country, the fiscal fu- catch up with that spending to give us this is the road to prosperity? This is ture of our country. It is a debate that a record amount of debt. The problem the road to serfdom. is probably the biggest fiscal debate we is, one day maybe people won’t buy our We will offer an alternative tomor- have had in this country in decades. debt. What happens when that hap- row. Yes, our friends on the left will It is 9 p.m. on a Wednesday night. pens? disagree with that alternative. We This is a debate that is going to go on So we are going to hear from our col- want America back. We want the coun- for 3 hours, into the late part of the leagues over the next 1 hour, 45 min- try we grew up in. We want the country night. I wonder why the majority de- utes about all the great investments in that says we are going to have a safety cided: Let’s have this debate when ev- education, the great investments in net to help those people who cannot erybody is watching CSI. Let’s have this and the investments on that, and help themselves, help them when they this debate when no one is watching C– spending money on this and spending are down on their luck. We don’t want SPAN. money on that, and just how great and everybody laying in a hammock where If we are so excited about this budg- compassionate that is. I want to tell they are dependent on the government. et, why aren’t we having this debate in you one thing. I want to show you what We want a country that rewards the broad daylight? If we really think the Congressional Budget Office just achievement, production, activity, this is the way forward for America, told us, and here is what they told us. working hard, improving your life, why don’t we talk about it when Amer- My three children, who are 4, 5, and 7 making life better for you and making ica is watching? It is almost like a pay years old, when they are my age, here sure in your generation you take on raise debate. is the tax bill that will be due them— your responsibilities and fix the prob- Now, let’s talk about this budget. We this is the Congressional Budget Of- lems so your kids are better off. That need more than just 3 hours, I would fice—if we don’t get this under control. is the America we grew up in. That is say, to debate this budget. Let’s look These are the tax rates that will be the America we want, and that is the at just what this budget does. necessary to tax the next generation. America you are kissing away with Now, you are going to hear three When my kids are my age raising their this budget. phrases: Spends too much, borrows too kids in Janesville, Wisconsin, just like We are going to talk numbers. We are much, taxes too much. That under- I am doing with my wife and myself, going to talk statistics. But at the end scores what this budget really does. the bottom tax bracket for that gen- of the day, we are passing an uncon- Madam Chairman, the debt held by eration if we pass this budget and pass scionable amount of debt on to the the public under this budget doubles in this bill on to them, the 10 percent next generation. And it is going to kill 51⁄2 years, triples in a little over 10 bracket goes up to 26 percent. Middle- our current economy. I’m not one who years. Let’s put it in a different way. income taxpayers who now pay a 25 is typically that passionate. I am not The kind of red ink this budget pro- percent income tax bracket pay 66 per- one who typically comes down here and poses for our children and our grand- cent. says things like this. But I have never children, for our country, is more seen a budget like this in my life. I under this presidency than the presi- b 2115 have never seen the numbers quite this dencies of George Washington to The upper bracket, which is the one awesome in how big they are. This is a George W. Bush combined. that the small businesses pay, instead budget that should be rejected. We used to see these charts out in of paying 38 percent, or it is about to We want bipartisanship. But for the front of the offices of the Members who be 40, will pay 92 percent. majority to have it, you have to col- call themselves Blue Dogs, until the This is not some mythical pie-in-the- laborate with us. And we are asking charts were banned out in front of of- sky estimate. This is the Congressional the Blue Dogs, I know you’re out there. fices, that said: Here is what the na- Budget Office saying if you are going I know you’re thinking about this vote. tional debt is. Here is your share. It is to raise taxes to pay for all this bor- I know you’re listening. Help us. Do shameful. It is terrible. We have got to rowing, here’s what the next genera- you want your fingerprints on this get our debt. And yet, we are told that tion is going to get. We are passing on mountain of borrowing? Do you want the Blue Dogs are marching in lockstep to the next generation the most reck- to go home to your constituents whom for this budget that doubles the na- less budget, the most reckless deficit you told you were going to be conserv- tional debt in 51⁄2 years and triples it in and borrowing spree, in generations. atives and say you signed up for this 101⁄2 years. Here is my biggest concern, and I stuff? You have the votes to stop this. And one thing would be interesting, want to yield to some of my colleagues The people who call themselves Blue one thing would be a decent argument here. My concern is that at the begin- Dog Democrats can stop this bill. They if all the tax increases in this budget, ning of this budget debate what we have the votes to do that. Do it, and $1.5 trillion in tax increases, the big- really ought to be talking about here is join us, and let’s work together to fix gest tax increase we last had was $345 do we want the America we know and this. billion. So $1.5 trillion in tax increases, love, or do we want to take that sys- I want to close my comments the small businesses, the assets that make tem, put it aside and adopt another way I opened them in the markup. The up our pension funds, our 401(k) funds, form of government, adopt a European- gentleman from South Carolina (Mr. our college savings plans, energy. One style system? Because that is, after all, SPRATT) is a true gentleman. He brings estimate from MIT says the cap-and- what we are talking about here. Do we real definition to this northerner as to trade scheme could raise taxes on want to have our tax levels, our debt what it means to be a southern gen- households by as much as $4,500 a year. levels, the size of our government lev- tleman. I would love nothing more The Congressional Budget Office says, els at these huge levels that we know than to sit across the table from that

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.176 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4373 man and strike a real budget bargain ture and investing in energy independ- tem work for everyone. One thing is that actually reduces our debt, that ac- ence, health IT and education. clear: This is our window of oppor- tually puts our fiscal house in order. This budget builds, by these essential tunity. The country cannot wait an- Because that is the kind of man that steps, by enabling Congressional ac- other year. Bills are piling up, and peo- could do that kind of a budget. He did tion, that will lead us to future eco- ple are putting off the health care they it in 1997. I think he can do it again. nomic growth in the areas of edu- need. This budget is essential to ensur- Unfortunately, this administration, cation, energy and health care. We will ing quality, affordable health care for this House leadership, is leading us off not be prepared, we will not be eco- all of our citizens. And it says to them, the leftward cliff. They are leading us nomically competitive if we do not as my colleague knows, it gives them off a leftward cliff. And it is in the tackle these challenges. flexibility, keep what you have now, or power of those Democrats who call For the next few minutes, my col- you have a choice of a private or a pub- themselves Blue Dogs to stop it from leagues and I will focus on the critical lic health insurance plan. happening. And I am begging you, investments we need to make in health This budget takes action to control please, stop this crime on the next gen- care. This budget sets aside a revenue- the underlying cost of health care. It eration. neutral reserve fund for health care re- addresses chronic illness on which we ANNOUNCEMENT BY THE CHAIR form. ‘‘Revenue neutral’’ means that spend 75 cents of every health care dol- The CHAIR. Members are reminded we will find the money to pay for lar. We must do a better job encour- to address their remarks to the Chair. health care reform. And it includes rec- aging healthier life styles. It covers Mr. RYAN of Wisconsin. Madam onciliation language to ensure that we preventive services and improves care Chair, how much time do I have left in have the debate much needed here in coordination, all of which improves the my allotment? Congress and with the American people quality and creates a more efficient The CHAIR. Fifteen seconds. on the issues of cost, quality and ac- health care system that delivers better Mr. RYAN of Wisconsin. I reserve the cess to health care for all Americans. care, not just more care. And finally, balance of my time. Through the discussion, we would hope we need to reform this broken health Mr. SPRATT. Madam Chair, before that we can be bipartisan. care system, not in spite of our strug- yielding 11 minutes to the gentle- We expect to develop a uniquely gling economy, but because of it. woman from Pennsylvania, I yield 1 American solution to address the con- I urge my colleagues to stand behind minute to Mr. ANDREWS, the gentleman cerns of American families and Amer- this responsible budget. It is the foun- from New Jersey. ican businesses. Forty-seven million dation of a strong economy, future Mr. ANDREWS. Madam Chair, my uninsured Americans, millions more growth and true health care reform. I very sincere and articulate friend from underinsured and rising costs in health thank the gentlewoman for leading Wisconsin forgot a few facts. He forgot care premiums for our families, for our this segment of the budget debate. that during the watch of his party, for businesses and, yes, increasing costs Health care is what our future needs to every $1 of debt they inherited, they for government. This American solu- be about. This budget does it. left us with nearly $2. tion will achieve three important Ms. SCHWARTZ. I thank the gentle- He neglected to mention that the goals. One, we will contain the woman. budget before us cuts by two-thirds the unsustainable growth in health care Now I want to recognize the gentleman from Rhode Island (Mr. deficit that we inherited from our costs borne by public and private sectors. Two, we will improve quality and LANGEVIN). friends on the other side. He neglected Mr. LANGEVIN. I want to thank to mention the budget before us cuts efficiency so that Americans get the Chairman SPRATT, and I want to thank by $1.5 trillion taxes on middle-income very best and appropriate health care they need. And three, we will expand Congresswoman SCHWARTZ for yielding. Americans who drive school buses or Madam Chair, I rise in strong support sell real estate. And he neglected to access and remove barriers to affordable health coverage for all Americans. of the fiscal year 2010 budget resolution mention that under their method of job I urge my colleagues to support this that is before us this evening. It is creation, for every one job they created budget because it is honest, it is fis- clear that in order to rebuild our econ- under their way, we created 108 under cally responsible, and it enables us to omy and achieve long-term fiscal sus- our way of managing the economy. address the long-term goal of quality, tainability, we are going to make stra- This is a very big debate and a very affordable health coverage for all tegic investments in programs like big choice between a failed status quo Americans, which is the foundation of health care, education and energy of the past and a progressive way to economic prosperity and security for while simultaneously providing mean- change our country in the future. That our citizens and our Nation. ingful tax relief to families and busi- is why we are going to vote ‘‘yes’’ for Now I would like to ask to join in the nesses who are struggling right now to this budget. conversation the gentlewoman from regain their economic footing. Well, Mr. SPRATT. I yield 11 minutes to Connecticut (Ms. DELAURO). this budget reflects those crucial prior- the gentlewoman from Pennsylvania Ms. DELAURO. This budget addresses ities while adhering to an honest ac- (Ms. SCHWARTZ). our Nation’s priorities. It confronts our counting of our fiscal challenges. Ms. SCHWARTZ. Thank you to economic crisis. It makes critical in- Now I believe that our greatest budg- Chairman SPRATT for his tireless and vestments in our long-term growth. It etary challenge right now is one that is excellent work on this budget. It is a cuts the deficit by nearly two-thirds deeply and unmistakably intertwined budget that embraces the President’s and cuts taxes for middle-class Ameri- with the strength of our Nation’s econ- goals to rebuild the economy, to re- cans. It reduces wasteful spending omy, and that is the need for health store fiscal integrity and to give Con- while making long overdue invest- care reform. gress the ability to make investments ments to get our country back on Dr. Peter Orszag, the Director of the needed for our future prosperity and se- track. Office of Management and Budget, re- curity. At its core, the idea is that we can- cently testified before the House Budg- First, it is important to understand not fix our economy without fixing our et Committee that ‘‘the single most and remember that President Obama health care, as the gentlewoman spoke important step that we can take to put and this Congress inherited the results about. Every day I hear stories from our Nation back on a path to fiscal re- of 8 years of failed economic and fiscal my constituents about a broken sys- sponsibility is to address rising health policies, doubling the national debt in 8 tem; the woman who lost her job and care costs.’’ Well, I could not agree years and left this administration with health care benefits, the small business more. As the cost of health care con- $1.3 trillion in debt and an economy in owner struggling to offer health care tinues to rise, it is burdening our fami- deep recession. We have already taken coverage to his or her employees, peo- lies, placing employers at a competi- action to rebuild our economy and to ple with preexisting conditions who tive disadvantage and costing our gov- create new jobs providing tax relief to cannot find a health insurance policy ernment, and ultimately the taxpayers, 95 percent of Americans, creating jobs at any cost. billions in unnecessary expenditures. by assisting small businesses and our There are no easy answers when it Well, Madam Chair, this budget sup- States, investing in needed infrastruc- comes to making our health care sys- ports our shared goals for health care

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.177 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4374 CONGRESSIONAL RECORD — HOUSE April 1, 2009 reform and provides the framework No sector of our economy is immune This budget includes a cap-and-trade necessary to improve the health of our from the twin problems of rising health proposal that sounds harmless, but, in Nation, reduce expenditures over the care costs and declining access. Vir- fact, it is very harmful. It’s a $629 bil- long-term and ultimately regain the tually no family in our country is im- lion tax increase on who? On hard- economic strength of our great Nation. mune. 47 million Americans are unin- working families, families that are I ask my colleagues to support this sured, but they’re not the only ones struggling to make it from paycheck to resolution. I give great credit to Chair- struggling. Over half of all Americans paycheck. man SPRATT and my colleagues on the are delaying, foregoing or skimping on If you use natural gas, if you turn on Budget Committee for the hard work necessary medical care. The con- the light switch and use electricity, that they have put in to craft a respon- sequences are serious. you heat your home, you fill up your sible, truthful budget. Businesses, especially small busi- gas tank with gasoline, anything you Ms. SCHWARTZ. I thank the gen- nesses, are being forced to lay off long- use with carbon, we’re now going to tleman. And I want to yield to the gen- term staff, cut or eliminate benefits, or raise the cost of energy on you. We’re tleman from neighboring New Jersey, even close their doors because of health going to raise, in this bill, the cost of Representative ANDREWS. care costs. energy for the average American fam- Mr. ANDREWS. I thank my friend for And this budget also makes room for ily by about $1,600 per year. And I have yielding. improvements in Medicare, providing seen reports that are two, three times Madam Chair, for 8 dreary years, we reasonable payments to doctors, and that amount. have heard what the other party could improving the quality of care for our And this tax will further erode the not do. No, they could not stop the seniors and persons with disabilities. job growth of the U.S. manufacturing hemorrhaging of dollars from our pock- Some in this body have spoken sector. And I am from a State in the ets to pay for health care. No, they against health care provisions in this Midwest, Ohio, where we have a lot of could not bring quality health care to budget because they say the cost is too manufacturing. And I fear that we’re every American. No, they couldn’t pro- great. But the American people know putting American companies at an vide health care for hardworking peo- that the cost of maintaining the status even greater competitive disadvantage ple who stand behind cash registers or quo is even greater and more with China and other countries. pump gas or work at a nursing home. unsustainable. When we take a step back, we may No. No. No. We can and, going forward, we will ask ourselves, why would the President We have turned a new leaf. There is a debate on how to achieve reform. And and the Democrat leadership want to new opportunity to talk about what I’ll be working hard to give everyone raise taxes on small businesses and America can do. And this budget says the option of choosing a public health families during a recession? what we can do together in health care. insurance plan. But if we don’t pass Well, Madam Chairman, we just, we It says to those who have health care this budget now, we will miss the his- heard earlier, it’s because of all the and like their coverage, they can keep toric opportunity to finally make sure spending that we heard about earlier it. It says to those who like the doctor that every single American will have from our ranking member, that they or the hospital they go to, they can access to the affordable comprehensive need these tax hikes to give the illu- continue to do that. health care that we all need. sion that they’re not increasing the But it says to those Americans who Ms. SCHWARTZ. Madam Chairman, I deficit and debt as much as they really work so hard every day but cannot think my colleagues have made the are. have a health care card in their pocket point, and we all have. It’s time to The problem is, there’s no spending when they take their child to a pedia- take action on health care. restraints in this bill. And that illusion trician that it is your time now, it is Mr. RYAN of Wisconsin. Madam is only going to be able to last so long because, even with the massive tax in- your turn now to have some attention Chairman, I will yield 3 minutes to the creases in this bill, this budget spend- from this Capital and from this govern- gentleman from Ohio, a member of the ing growth is so explosive that it out- ment. Budget Committee, Mr. AUSTRIA. Mr. AUSTRIA. Madam Chairman, I’d paces revenue for the entire budget pe- b 2130 like to thank the ranking member riod. And this budget facilitates and from Wisconsin for yielding. And as we So it’s clear the tax hikes that we’re makes possible a plan where hard- just heard from the ranking member, looking at today, I think, are just for working Americans can finally have this budget will increase the size, scope starters. I mean, even the New York access to affordable health care. The and cost of the Federal Government by Times recently warned that, in fact, naysayers will say, no, it’s too soon. historic amounts. the President will inevitably have to No, it’s too much. No, it’s too gran- And when I fly home on weekends to raise taxes. The CHAIR. The time of the gen- diose. I don’t think it’s too soon. I my three sons—I also have three sons— it is difficult for me to go back home tleman has expired. think it’s too late for a lot of people. I Mr. RYAN of Wisconsin. I yield 30 knowing the amount of debt, historic don’t think it’s too much. In some seconds to the gentleman. ways it’s too little, and it certainly is amounts of debt that I am putting on Mr. AUSTRIA. Let me just point out, time to stop the hemorrhaging of dol- my children, our children and our because we are going to hear more lars from the pockets of our people, grandchildren, that will be paid for for about this. I want to make one key provide health care for hardworking years to come. point, and that is that this budget re- people, and that is what this budget And now to chase some of the spend- lies on the flawed notion that the Fed- does. ing, what this budget does, it now in- eral Government can spend all it wants Ms. SCHWARTZ. And last, and cer- cludes nearly $1.5 trillion in new taxes, for as long as it wants and just borrow tainly very important in this debate is a tax hike over the next decade that’s from other countries and tax our own someone who’s been very outspoken on going to further weaken America’s citizens. And for what? Just to keep health care, my colleague, the gentle- prospects for sustained economic this good deal of spending going? woman from Illinois, Representative growth and job creation well into the We can do better. Americans expect SCHAKOWSKY. future. And it’s no surprise that the better, and we need to fix this problem. Ms. SCHAKOWSKY. I think I’ve been bulk of these tax hikes are allegedly to It’s a concern short-term and long- waiting for this budget, this oppor- hit those nameless, faceless wealthy term. tunity most of my adult life, certainly, Americans, so to speak. But, in fact, Mr. RYAN of Wisconsin. At this all of my public life. those people, those individuals that time, Madam Chair, I would like to Budgets aren’t just about numbers. we’re talking about, many of those are yield 5 minutes to the gentleman from They’re about visions and values, and small business owners and investors, California, a member of the Budget to me there is no more important value the same small business owners and in- Committee and the Ways and Means than this budget’s commitment to vestors who create 60 to 80 percent of Committee, Mr. NUNES. guaranteed, affordable, quality, com- the jobs in this country, and who are Mr. NUNES. Madam Chairman, out- prehensive health care for all Ameri- precisely the people whose enterprise is lined in the Democrats’ budget pro- cans. needed to restore the economy. posal is something called cap-and-

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.180 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4375 trade. Not many people are familiar energy and creates the largest tax in- way out of this. Tax and spend, tax and with what cap-and-trade means. But crease in American history, while hav- spend. It will not work. It hasn’t simply, it’s an energy tax. It’s a tax on ing no impact on carbon emissions, or worked in the past, it only makes everyone who drives a car, flips on a a Republican alternative that actually things worse. We are heading toward a light switch, or consumes a manufac- invests more in renewable energy than major, major depression if we don’t cut tured item made in the United States. the Democrats, takes more carbon out this spending and start doing things In fact, it’s the largest tax increase in of the air, and doesn’t cost the tax- that will stimulate economic growth American history, amounting to al- payers anything. like cutting taxes. most $2 trillion, and it will impact ev- A vote for the Democrat budget Mr. SPRATT. Madam Chairman, I eryone. This is why I refer to it as cap- would represent much more than a will yield 1 minute to the gentleman and-tax. lack of common sense. It would be a from Oregon (Mr. BLUMENAUER) for a Even President Obama admitted to clear sign that the priorities of the rejoinder. the San Francisco Chronicle that, Democrats rest, not with the American Mr. BLUMENAUER. Madam Chair- under this cap-and-tax scheme, energy people, but with the special interests of man, I have listened to my friend, Mr. prices would skyrocket. Total costs of the radical environmentalists. RYAN, whom I deeply respect, but am this tax are estimated at nearly $2,000 The Republican budget is about com- taken aback by his introduction. He’s for each American household. mon sense. It uses American resources concerned that we’re having the debate So what does this mean to the Amer- to create American jobs on behalf of this evening. This is why we call it ican household? What would they have the American people. prime time. This is when you stage the to give up to make up for this $2,000? I would urge my colleagues to reject Academy Awards, the Super Bowl, You could quit eating. Or just don’t the Democrat budget and, hopefully, things you want America to see. buy any furniture or appliances for the we can get enough Blue Dogs to sup- But I could understand why they year. Or maybe don’t buy your children port the Republican alternative that would want it during the day when peo- any shoes or clothes for the year. Or if we’ll offer tomorrow. ple are working and not listening to you’re real concerned about global Mr. RYAN of Wisconsin. Madam this debate because they want, as Mr. warming, just stop using electricity Chair, at this time I would like to yield RYAN says, to go back to the America and stop heating your home. Or, like 2 minutes to the gentleman from Indi- they grew up in, the policies of the Fif- some people do today in Washington, ana (Mr. BURTON). ties, the energy policies of the Sixties, just stop paying your property tax. Mr. BURTON of Indiana. Madam the fraying infrastructure of years ago. That would make up the $2,000. Chairman, Thomas Jefferson said in This is a budget that points to to- Under this scheme, the Democrats 1821, ‘‘There does not exist an engine so day’s problems with solutions for the treat energy as a luxury. When energy destructive of the government and so future, a carbon-constrained economy becomes a luxury, all else becomes a demoralizing of the Nation as a public where carbon pollution will no longer luxury too because energy makes ev- debt. It will bring on us more ruin at be free, and we can actually create the erything possible. home than all the enemies from jobs they’re talking about. Seldom do the experts agree on abroad.’’ This was said in 1821. Remember the last time you heard much, but on cap-and-tax, there’s a One of my colleagues on the Demo- them in high dudgeon; it’s when the clear consensus. It will destroy mil- crat side a while ago said something Democrats controlled everything and lions of jobs and devastate our econ- about the hemorrhaging of the dollar. we passed that awful Clinton budget omy. One of the reasons the dollar is hem- that produced, not the doom they Republicans want to reduce carbon orrhaging right now is we’re inflating called for, but sustained prosperity. emissions. We believe it’s a worthy the money supply so rapidly that the 2145 goal. The Republican budget alter- dollar’s going down the tubes. And if b native that we will talk about tomor- we keep on this trail, it’s going to be Mr. SPRATT. Madam Chair, I yield 3 row expands domestic oil exploration worthless. We’re spending money so minutes to the gentleman from Flor- in Alaska, on the Outer Continental fast it’s unbelievable. ida, from the Blue Dogs, Mr. BOYD. Shelf and other untapped natural re- Mr. Geithner’s got to put another 2 Mr. BOYD. This budget resolution, sources. This will create new American or $3 trillion into the financial system, ladies and gentlemen, directs the Edu- jobs today, high-paying jobs, not phan- and this budget, $3.5 trillion, is going cation and Labor Committee to find tom green jobs. to bankrupt this country. And my col- savings via the reconciliation process. At the same time, the Republican leagues, like Mr. RYAN said a while As we know, President Obama’s blue- budget mandates that the revenues ago, we’re going to saddle our kids and print budget assumed that those sav- from this new oil and gas exploration, our posterity with a debt that they’ll ings would come from providing all fu- literally hundreds of billions of dollars, never be able to repay. The inflation ture student loans through the govern- be directed to things like solar panels and the taxes they’ll face will be unbe- ment’s direct loan program and ending and wind farms. No Democrat plan has lievable. the Federal Family Education Loan ever contemplated such a massive in- Let me just say, since we don’t have program. vestment in solar and wind. And this, a lot of time, there are parallels with I’m here today to express my concern all at no cost to the taxpayers. The oil what’s happened in history. The same that, if this reconciliation bill imple- companies pay for it. things we’re doing today—if you don’t ments the President’s proposal, it Our budget also highlights the impor- believe this, read the book The Forgot- could prove detrimental to thousands tance of investments into nuclear en- ten Man. The same things that we did of employees who serve in the current ergy. Nuclear power produces zero car- during the Great Depression we’re student loan industry throughout this bon emissions. Let me repeat, zero car- doing right now today, and it pro- country, 650 of which are located in bon emissions. It provides us with longed the Depression, and it lasted 10 Panama City, Florida. clean, cheap and abundant electricity. or 11 years because of that. While I’m supporting stabilizing the Construction of 200 nuclear reactors And in the 1970s we had a similar sit- student loan industry and am sup- would reduce carbon emissions more uation. We had inflation that was 14 porting initiatives to make our Federal than any disastrous cap-and-tax percent, unemployment that was 12 Government more efficient, I believe it scheme. An investment in nuclear percent. And Ronald Reagan came in is prudent for us to find a way to con- power would also help America achieve and, instead of raising spending like tinue to use the present Federal Fam- energy independence, lower consumer you’re doing today, he cut taxes across ily Education Loan industry to pre- prices and, in sharp contrast with the the board and, as a result, we had the serve efficiency and to provide employ- Democrats cap-and-tax scheme, nu- longest period of economic expansion ment to these many Americans during clear power investments would actu- that we’ve had in history. this time of economic crisis. ally create jobs. Why don’t we learn from history? Chairman MILLER, in light of these A choice is hereby laid before this It seems to me my colleagues on the concerns, this budget resolution in- body: A Democrat budget that taxes Democrat side think we can spend our cludes report language that urges your

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.183 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4376 CONGRESSIONAL RECORD — HOUSE April 1, 2009 committee to review the options for This resolution reverses the previous Ad- Mr. RYAN of Wisconsin. Let me ask the student loan program that will ministration’s neglect of education and pro- the Chair how much time is remaining maintain a role for the Federal Family vides significant and needed investments in on each side. Education Loan program limits. I our nation’s schools. It reflects the fact that The CHAIR. The gentleman from would like to put this question to you, education is a lifetime activity, spanning from Wisconsin has 701⁄2 minutes remaining. sir, as chairman of the Education and early childhood to post-secondary education The gentleman from South Carolina Labor Committee: and technical training. has 64 minutes remaining. As your committee moves forward The resolution strongly supports early learn- Mr. RYAN of Wisconsin. Madam this year, Chairman MILLER, will you ing, including the President’s initiatives to help Chair, I will yield 5 minutes to the gen- be willing to work with me and with strengthen and expand early childhood edu- tleman from Texas, the vice ranking other members with similar concerns cation programs. It increases child nutrition member of the Budget Committee, Mr. to preserve a role for the private stu- funding, paying for school meals because a HENSARLING. dent loan program infrastructure that hungry child just cannot be successful in Mr. HENSARLING. Madam Chair, currently exists and that services 75 school. never in our history have so few voted percent of all loans at American col- At the other end of the spectrum, this reso- so fast to indebt so many. This is cour- leges and universities? lution builds on Congress’ recent efforts to tesy of a Democratic-controlled Con- Before yielding to Mr. MILLER for his help students afford and complete college. gress. response, Madam Chair, I would like to Education is the key to economic growth, fu- $700 billion of bailout money, $6,034 yield first to the gentleman from North ture success, and access to opportunity for per household; a $1.138 trillion govern- Carolina (Mr. ETHERIDGE). our citizens, and this Budget Resolution ment stimulus plan, $9,810 per Amer- (Mr. ETHERIDGE asked and was makes a clear statement that education is a ican household; a $410 billion omnibus given permission to revise and extend top priority. I urge my colleagues to vote in spending plan, $3,534 per American his remarks.) favor of it. household. Mr. ETHERIDGE. Madam Chair, I The CHAIR. The time of the gen- On top of this, the Democrats now support this budget and, in particular, tleman from Florida has expired. propose the single largest budget in the significant investment it makes in Mr. SPRATT. I yield the gentleman 1 American history and the largest as a education. We must invest in education additional minute. share of the economy since World War if our workers are going to be able to Mr. BOYD. Madam Chair, I would II. It is a budget that will increase compete in the 21st century global like now to yield to the gentleman spending to $3.6 trillion, over $31,000 economy. However, I share my friend from California, the chairman of the per American household. It is a budget Mr. BOYD’s concerns about ending Education and Labor Committee, Mr. that spends too much. It is a budget guaranteed student loans. This would MILLER. that taxes too much. It is a budget that threaten hundreds of jobs in North Mr. GEORGE MILLER of California. borrows too much, and it threatens to Carolina. It would also cut off access to I thank the gentleman from Florida bankrupt our country. the valuable services some of the lend- and the gentleman from North Caro- Even before all of the spending de- ers provide that help students pay for, lina for posing these questions, and I scribed above, our Nation was headed apply to and pay for college. know that we will be able to work to- In North Carolina, we have a unique for a day of reckoning, but don’t take gether as my committee and this Con- situation where a State nonprofit pro- my word for it. Listen to the Federal gress consider proposals to reform the vides significant benefits to students in Reserve: addition to providing the loans. I am Federal student loan program. ‘‘Without early and meaningful ac- Access to Federal financing for high- concerned that the legislation will tion to address the rapid growth of en- er education is a top priority. As you have the unintended consequences of titlements, the U.S. economy could be reducing the benefits that students re- know, last year, we passed a stopgap seriously weakened with future genera- ceive from our nonprofit lenders. measure to ensure that students and tions bearing much of the cost.’’ We should take steps to preserve the their families continued to have access Listen to the former Comptroller good things done by guaranteed agen- to Federal student loans even in this General with the Government Account- cies to improve college access and af- economic climate. This stopgap meas- ability Office: fordability and to keep loan defaults ure was never intended to be a perma- ‘‘The rising cost of government enti- low even if Federal Family Loans are nent solution, and we need to look at tlements are a fiscal cancer, a fiscal reduced. reforms to make sure that we have a cancer that threatens catastrophic Madam Chair, I rise in support of H. Con. reliable, efficient and sustainable pro- consequences for our country and could Res. 85, the budget resolution for FY 2010. gram. bankrupt America.’’ H. Con. Res. 85 builds on the work of this I expect that there will be a role for The Democrats’ budget will nearly Congress to put our economy back on track, private lenders in the future of the stu- triple the national debt in 10 years, addressing the current crisis and building for dent loan program. Private lenders, for costing taxpayers a dizzying $148,926 future needs. This bill lays out a plan to cut example, have played a significant role per household. Madam Chair, just look the deficit by nearly two-thirds by 2013, and in ensuring high standards for serv- at this chart. It is a sea of red ink for creates jobs with investments and reforms in icing, and future reforms must harness generations to come. This budget, this health care, clean energy, and education. this expertise. Also, let’s not forget Democratic budget, will create more A budget is more than just a document, it is that, no matter what reforms are en- debt for America in the next 10 years a statement of our nation’s priorities and val- acted, there is over $500 billion out- than was run up in the previous 220. ues. standing in loan volume in the current Now, Madam Chair, let me repeat that As the only former state schools chief serv- FFEL program that will need to be just in case anybody missed it. This ing in Congress, I am particularly pleased that serviced as borrowers repay their Democratic budget will create more the budget prioritizes education and innova- loans. debt for America in the next 10 years tion. In recent months, first with the economic My staff and I have met with a num- than was run up in the previous 220. recovery legislation and then as we finished ber of private lenders, and we will con- Our Nation has never seen this level of the 2009 appropriations process, Congress tinue to do so as we move forward. I debt in its entire history. It very well devoted significant funding to education to cre- look forward to continuing this dia- may bankrupt us. ate quality jobs now and in the future. This logue with the gentleman from Florida Now, Madam Chair, using history as budget resolution provides a blueprint to follow and with the gentleman from North my guide, no Nation has ever borrowed through on these priorities. Carolina. and spent its way into prosperity. At I have always believed that education is the Mr. BOYD. I thank the gentleman the outset of World War II, Henry Mor- most important investment we can make for from California. genthau, FDR’s Secretary of Treasury, our future prosperity. In the current economic Mr. SPRATT. I would inquire of the said the following: downturn, it is even more critical that we en- gentleman from Wisconsin if he wishes ‘‘We have tried spending money. We sure our workforce is able to compete in the to have further speakers at this point are spending more than we have ever 21st century global marketplace. or if we should go ahead. spent before, and it does not work . . .

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00124 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.184 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4377 After 8 years of this administration, we ergy expense would make it impossible are going to be deciding what kind of have just as much unemployment as for us to pay for the expenses for our health care you’re going to get. when we started . . . and an enormous daughter’s college education.’’ This is In my mind, this is not alarmist talk. debt to boot.’’ how the Democratic budget affects the These are the facts. The liberties and Let’s recall Japan’s lost decade of the education dreams of Americans. freedoms of Americans are at stake, 1990s when they attempted to borrow Madam Chair, the President’s chief of and it’s important we recognize that. and spend their way into prosperity. staff has said, ‘‘Never let a serious cri- I want to close with this, Madam They took on the greatest amount of sis go to waste. It’s an opportunity to Chair: Twelve days ago, in our district, debt of any industrialized Nation in the do things you couldn’t do before.’’ Olen Beck was born—9 pounds, 3 world, and after 10 years, they had no Well, the Democrats are going to ounces, 191⁄4 inches long, named after economic growth, no new jobs, and spend like never before. They are going his grandfather. Little does this baby their per capita income fell from sec- to tax like never before. They are going Olen know, but he already owes more ond in the world to 10th. Read what the to borrow like never before. They will than $30,000 in debt, and if this budget New York Times had to say about it: bankrupt our Nation. There is a better passes before this young man can even ‘‘Japan failed to generate a con- alternative that promotes freedom, write his name, he will owe $70,000. vincing recovery. This has led many to economic opportunity and jobs for all. That’s what this budget does. conclude that spending did little more It’s the Republican alternative. We’ll One of the things that makes this than sink Japan deeply into debt, leav- see it tomorrow. country great is the willingness of par- ing an enormous tax burden for future Mr. RYAN of Wisconsin. At this ents to make sacrifices for their chil- generations. Among ordinary Japanese, time, I’d like to yield 3 minutes to the dren so they can have life a little bet- the spending is widely disparaged for gentleman from Ohio, a member of the ter than they did, and they, in turn, be- having turned the Nation into a public Budget Committee, Mr. JORDAN. come adults and parents, and they do works-based welfare state and for mak- Mr. JORDAN of Ohio. I thank the the same thing for the next generation. ing regional economies dependent on gentleman for yielding and just would It has been that cycle that has allowed Tokyo for jobs.’’ say, Madam Chair, that the passion the United States of America to be the Madam Chair, this Democratic budg- that the gentleman from Wisconsin dis- greatest Nation in history. When we et spends too much. It taxes too much. played in his opening remarks was begin to break that trend, to break It borrows too much, and it threatens right on target. It was totally appro- that process, that’s when we have prob- to bankrupt our Nation. priate because this budget is an assault lems, and that’s what this budget does, On top of this, Madam Chair, the on liberty. It’s an attack on freedom, and that’s why I urge a ‘‘no’’ vote. Democratic budget is proposing a na- and it does so in four ways. b 2200 tional energy tax, a national energy First of all, it is the largest tax in- tax, which, according to studies at crease in history, which attacks the Mr. RYAN of Wisconsin. Madam MIT, could pose a $3,128 burden on liberty and freedom of current tax- Chair, I yield 2 minutes to the gen- every working family in America. payers. We’re going to have to pay tleman from South Carolina (Mr. BAR- They’re offering a half-a-trillion-dollar more in taxes. We all understand that. RETT). tax increase on small businesses—the It diminishes our opportunity to go Mr. BARRETT of South Carolina. job engine in America, the font of three after our goals and our dreams—for the Madam Chair, I rise today in opposi- out of four new jobs created in Amer- American people to pursue those things tion to this budget resolution. People ica. They’re offering a tax on capital of that have meaning and significance to who live in the real world who work for up to one-third when we desperately them. It’s an attack on future genera- a living, who build houses, wait on ta- need capital to help preserve the jobs tions of Americans, as we’ve heard bles, they understand you can’t spend we have today and to grow the jobs of from every single speaker, because this money you don’t have. They know you tomorrow. Madam Chair, I’ve heard budget piles up the largest debt in his- can’t spend your way out of an eco- from struggling Americans about how tory. There will be more debt in the nomic crisis. They are cutting at home this Democratic budget is going to im- next 6 years than it took the 43 pre- and at work. They are cutting out the pact them. vious Presidents to accumulate. From extras. There is no fluff in their budg- I’ve heard from Gary of Garland, George to George—from Washington to ets, and there shouldn’t be in any in Texas, who said, ‘‘The money that gov- Bush—we didn’t accumulate as much ours. ernment is so lavishly spending is com- debt as this budget will do in the next But the Democrat budget fails to re- ing from people who have worked very 6 years. flect the commonsense values of Amer- hard and made good decisions and, Think about this: A $23 trillion na- icans every day. This budget spends too thus, pay taxes. Money is being stolen tional debt this budget takes us to. much, it borrows too much, and guess from our children and grandchildren to Think about this: To pay that off, we what, it taxes too much. bail out just about anyone who was ir- first have to get to balance. Then we John F. Kennedy and Ronald Reagan responsible.’’ have to run a $1 trillion surplus for 23 both knew that the worst things that The CHAIR. The time of the gen- years, and that’s not even counting the you could do during a recession is raise tleman has expired. interest. That’s what we have to do to taxes. But unfortunately, that’s ex- Mr. RYAN of Wisconsin. I yield the pay this. That’s how big this is. actly what President Obama’s budget gentleman an additional minute. There are two other ways it attacks does, to the tune of well over $1.5 tril- Mr. HENSARLING. We’ve heard how freedom: The cap-and-trade that the lion, much of which will be placed this Democratic budget affects small gentleman from California talked so squarely on the shoulders of my State’s business. We’ve heard from Susan of eloquently about. This is going to be a number one job creators, small busi- Tennessee Colony: tax on every single American and on nesses. ‘‘I have owned my company for 25 every single small business owner. It’s The truth is that despite the claims years . . . but today, I have had to lay going to make it that much tougher for to the contrary this budget won’t cre- off 25 people and cut hours on the re- us to compete in the international ate new jobs in places like West- maining 35 . . . and now Mr. Obama marketplace, particularly against our minster, South Carolina, and Due wants to place higher taxes on me be- emerging competitors in China and in West, South Carolina, and New cause I am successful. So much for our Japan. Ellenton, South Carolina. It will crush American dream.’’ Then, finally, the further national- them. In the long run, this budget will We’ve heard how this Democratic izing of health care: The money set saddle future generations of Americans budget affects the education dreams of aside in this budget to create this with mountains of unsustainable debt. America. We’ve heard from Bruce in board that’s going to now decide what This budget finances the present by Idaho Falls: kind of health care treatment you and mortgaging our children and our ‘‘We are at the point where we just your family receive, not you and your grandchildren’s future. have enough money to send our oldest doctor, not you and your family. A The people back home deserve better, daughter to college. An additional en- bunch of bureaucrats in Washington Madam Chairman. The next generation

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.185 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4378 CONGRESSIONAL RECORD — HOUSE April 1, 2009 deserves better, Madam Chairman. And prepared to go into careers, prepared to percent direct lending providing stu- that’s what the Republicans are going go into the job market in a globalized dents with the same access to support to give this House tomorrow. world; but they failed to do that for 8 but doing so at a 5-year savings of $47 I urge my colleagues to join me in years. Now we finally have a budget billion. voting ‘‘no’’ to the Democrat budget, that gives us the resources so that we It also calls for restructuring the vote ‘‘no’’ against higher spending, can provide that quality education, so Perkins Loan Program, increasing vote ‘‘no’’ against higher taxes, and we can invest in teachers, we can in- funding for this program by a factor of vote ‘‘no’’ against borrowing. vest in the professional development of six and increasing the number of stu- Mr. SPRATT. Madam Chairman, I those teachers, we can provide the re- dents who can benefit from this pro- yield 1 minute first to the gentleman sources and the technology that our gram by 2.7 million students. from New Jersey (Mr. ANDREWS) for a classrooms across this country scream And finally, it calls for a creation of rejoinder, and then I will go to Mr. out for on behalf of our children, so a college access and completion fund of SCOTT. that they can participate in the tech- $2.5 billion over 5 years so that schools Mr. ANDREWS. I thank my chair- nology advances in our society. can adopt best practices in both access man for yielding. We also make sure that when they and completion. Our friends often honor the memory graduate from college, that the college Taken as a whole, these four proof our late President Reagan, but they will be more affordable than anytime posals will be of significant assistance forget one thing that President Reagan in history because of the actions of this to students. We cannot achieve eco- said, that facts are stubborn things. Congress last year and the actions of nomic prosperity without an educated I think I understand why, because this budget. populous. This budget will ensure that they overlook the fact that this budget Since last year, we increased the Pell those who can benefit from higher edu- cuts taxes by $1.7 trillion for people scholarship by over $1,500. We cut the cation will do so and that students will who teach school or fight fires or who interest on need-based Federal student get their chance at their slice of the sell real estate for middle-class people. loans in half. We enacted loan forgive- American dream. I urge my colleagues to vote for this They overlook the fact that they inher- ness so people can follow their careers ited a situation where we’re on track budget resolution. and their desires whether they want to Mr. SCOTT of Virginia. I yield to the to retire the debt within a decade but be a teacher or a firefighter or a public gentlelady from Massachusetts, a hard- they wound up doubling it from $3.4 prosecutor or a public defender or a working member of the Budget Com- trillion to $6.3 trillion under their public health nurse. They have the op- mittee, Ms. TSONGAS. watch. They ignore the fact that 95 portunity to be able to do that because Ms. TSONGAS. Madam Chairman, I percent of Americans get a tax cut of the loan forgiveness that has been would like to thank the gentleman under this budget, and their favorite provided. from Virginia. constituents, a few of them do not. And this year, because of the changes I am pleased to rise in support of this Facts are stubborn things. The fact is that the President is asking for, the di- Democratic budget resolution which that our approach has created jobs and rect loan program will be able to pro- makes a much-needed investment in economic growth; theirs does not. vide tens of billions of additional dol- early education. We have heard much Mr. SPRATT. Madam Chair, I yield lars to make sure that people can af- about the costs of action but not 12 minutes to the gentleman from Vir- ford college at this time when it’s most enough about the costs of inaction. ginia (Mr. SCOTT). necessary that they receive a college As we look ahead to an increasingly Mr. SCOTT of Virginia. Madam education to compete in this globalized competitive global economy, it has Chair, this budget makes important in- economy. never been more important to ensure vestments in education. From early And I want to thank the Budget Com- that our citizens are well prepared. childhood through college, it is well mittee for making this budget avail- Simply put, we will not again experi- known that education is the key to the able so we can vote ‘‘aye’’ on this budg- ence sustained economic growth if we success in the United States. And in to- et tomorrow. do not invest in educating our future day’s high-tech, information-based Mr. SCOTT of Virginia. Madam workforce now. economy, the old adage that the more Chairman, I yield to the gentleman A number of my colleagues on the you learn, the more you earn, certainly from New York, a member of the Budg- other side of the aisle have proposed a applies. et and Education Labor Committee, freeze on all non-defense spending for Because those with a good education Mr. BISHOP. the next 5 years. I understand their will earn more, and they will be less Mr. BISHOP of New York. I thank concerns about fiscal responsibility. likely to require social services and Mr. SCOTT for yielding. And I know their proposals are well-in- less likely to be involved in crime and As Chairman MILLER indicated, since tentioned. However, I can think of less likely to be unemployed. And com- January of 2007 this Democratic Con- nothing worse for the health of our munities that invest in education will gress has made great strides in ensur- economy in the short term and in the be more likely to attract businesses ing that students across the country long term than restricting access to and jobs and will suffer less crime and have access to high-quality education. education. social problems. Passage of this budget resolution con- As we all know, State and local gov- To address the committee budget in tinues this commitment to ensuring ernments around the country have detail, I will now yield to the gen- that every child who dreams of going been forced to lay off teachers, cut pro- tleman from California, the chairman to college can do so. grams, and reduce the number of chil- of the Committee on Education and Our colleagues on the other side of dren able to participate in early edu- Labor, for the purposes of a statement the aisle have described this budget as cation and after-school programs. Edu- (Mr. GEORGE MILLER). a budget that expands Federal control cation provides access to a better life, Mr. GEORGE MILLER of California. of education. What it really expands is and early childhood education sets a Thank you, Mr. SCOTT. And I want to access to educational opportunity, par- foundation upon which later academic thank you, and I want to thank the ticularly in the area of higher edu- success is built. budget chairman, JOHN SPRATT, and all cation. And not only does this budget If we take the shortsighted approach of the members of this committee for significantly expand access, it does so offered by our Republican colleagues, this budget. in a fashion that is fully paid for. any small amount of savings we gain This budget does what business lead- The budget resolution would accom- today will quickly be overwhelmed by ers have come to Washington year modate the President’s major initia- the very real losses to our productivity after year over the last 8 years during tives in higher education, which in- tomorrow. Recognizing this basic fact, the Bush administration and asked us clude increasing the Pell Grant max- businesses, both large and small, have to provide resources for a quality edu- imum by an additional $155 and index- made supporting education one of their cation in K–12 to provide the resources ing that maximum to the CPI plus 1 top priorities for their communities so our children will graduate from high percent. It would also include phasing and for Congress. And this is certainly school prepared to go on to college, out FFEL lending and moving to 100- true in my State of Massachusetts.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.187 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4379 I represent old industrial cities where I thank the gentleman from Virginia. of every dollar earned in America—to public education dollars pay a critical Mr. SCOTT of Virginia. Madam maintain the status quo. role in helping all of our children gain Chairman, the budget we will vote on So, in short, even as my friends on the skills that they need to succeed in tomorrow will invest in education, the other side of the aisle repeat their our knowledge-based economy and in Head Start, especially Early Head claims to be protectors of those most helping newcomers integrate into our Start, Title I, nutrition programs, in need, and those most likely to need American society. drop-out prevention programs, quality the assistance that our largest safety During the last administration, we elementary and secondary education net programs provide, their choices in failed to properly fund education, par- and after-school programs, and college this budget, as in their past two budg- ticularly for the youngest and most awareness programs. It will have finan- ets, do absolutely nothing but to hit vulnerable. But through the economic cial aid so that young people can at- the gas on the demise of our Nation’s Recovery and Reinvestment Act, we tend college, Pell Grants, reduction in most critical safety net, while at the have already begun to reorient our pri- student loan interest rates, and assist- same time consigning the next genera- orities by including funding for Head ance to college. tion of Americans to a likely insur- Start, Early Head Start, and other The budget will provide the nec- mountable burden of debt. early education programs. essary funding for the United States to Every year that we don’t fix this This Democratic budget builds upon regain our economic competitiveness problem we add an additional $2 to $3 those investments and helps to by achieving a well-educated workforce trillion in unfunded obligations to our strengthen and expand these programs, that will make our neighborhood safer. children. And yet the Democratic ma- including proven home-visitation pro- And, Madam Chair, I would like to jority often claims that their judg- grams. These funds are critical because thank the gentleman from South Caro- ments are a moral document. I ask an active Federal partner can play a lina, the chairman of the committee, you, what kind of morals do we sub- strategic role in concert with local and Chairman SPRATT, and Chairman MIL- scribe to if we prescribe our children to State partners to keep the education LER, and President Obama for making a life of indentured servitude in service pipeline firm. education a priority in a fiscally re- of government largesse? I thank the gentleman from Virginia, sponsible budget. We know that there is a better way. and I call on my colleagues to support Mr. RYAN of Wisconsin. Madam We can reform these programs to en- this budget. Chairman, at this time, I would like to sure that they can do so, and we can Mr. SCOTT of Virginia. Madam yield 2 minutes to the gentleman from start by amending this ill-conceived Chair, I would like to now call on the budget. gentlelady from Wisconsin, an effective New Jersey, a senior member of the Mr. RYAN of Wisconsin. Madam member of the Budget Committee, Ms. Budget Committee, Mr. GARRETT. Mr. GARRETT of New Jersey. Chair, I yield 2 minutes to the gentle- MOORE. Ms. MOORE of Wisconsin. Madam Madam Chairman, tonight the Demo- lady from Wyoming (Mrs. LUMMIS). Mrs. LUMMIS. Madam Chairman, it Chairman, I want to thank the gen- crats are continuing their lengthy rhe- tleman from Virginia for his leader- torical tradition of saying one thing on takes one second to say ‘‘no.’’ One sec- ship. the floor of the House but saying a far ond to say ‘‘no’’ to this budget tomor- Education is certainly the key to different thing in their budget. row. One second to save the American unlock the door to freedom, George We know the greatest long-term people $23 trillion. One second to save Washington Carver once said. This hor- threat to our Nation’s economic secu- the American people and their children ticulturist, inventor, chemist, educa- rity is the looming explosion of spend- and their children’s children from the tor, and, yes, former slave, was lifted ing in our Nation’s largest entitle- debt that we are piling on them. One through educational opportunity in ments. second to save them from taxes every America. His destiny was changed be- We know this. Everyone in this time they turn on a light. One second cause of education, and America’s House knows this. But in case anyone to save them from expenditures that gross domestic product was changed has forgotten, let me just share some we’ll never see the end of. It will take because of him. facts that I did with the committee. one second to say ‘‘no.’’ Or we can say ‘‘yes’’ to the Repub- Unfortunately, however, the last dec- b 2215 ade of divesting in American edu- lican budget. If you say ‘‘yes’’ to the cational opportunity, in preference for You know, back in 1959 when I was Republican budget, we can get to the short-term tax breaks, has reversed the born, at that time the employer-em- point where deficits disappear. We can course of the United States global ployee share of the payroll tax used to get to a point where the American peo- dominance, particularly in the areas of support Social Security was 4.5 per- ple will be proud of their Congress for science, technology, engineering, and cent. When I was about ready to go to spending only as much as they take in. math. school in 1965 and Lyndon Johnson was One second to say ‘‘yes’’ or one sec- Year after year after year, the former the President, they added Medicare as ond to say ‘‘no.’’ I encourage my col- President’s education budget gutted an entitlement, and the taxes went up leagues to vote with the American peo- and underfunded vital educational pro- to 8.8 percent. ple, for their pocketbooks, for their fi- grams. Innovation and health research Today, the combined payroll tax for nancial security, to save them from have been shackled under ideological these programs is 15.3 percent, far debt. One second. Say ‘‘yes’’ to the Re- and budgetary bondage. Happily, Presi- higher than the programs’ creators publican budget. Say ‘‘no’’ to the Dem- dent Barack Obama begins the rein- ever imagined. But what is worse is ocrat budget and save us and our chil- vestment in education with $100 billion that, despite the fact that 15.3 percent dren and our grandchildren from a fu- dollars invested in our future, invested of every dollar earned in America is ture of debt that we may never recover in our children, and, yes, invested in used to fund these programs, that from. our economic growth. alone is not nearly enough money to Mr. RYAN of Wisconsin. At this Since only 40 percent of our youths keep them afloat. time, I’d like to yield 2 minutes to the age 25–34 have a college degree, I am When a child is born in this country, gentleman from Indiana (Mr. PENCE), particularly pleased that the chair- in the United States, as soon as that our House Republican Conference man’s mark will enable us to focus on child takes its first breath, they owe Chair. college affordability through increas- for all those type programs $184,000 the (Mr. PENCE asked and was given per- ing Pell Grants and on college reten- day they’re born. For those keeping mission to revise and extend his re- tion efforts provided through programs track, this is more than three-and-a- marks.) such as Upward Bound and Trio. In- half times the median household in- Mr. PENCE. I rise in opposition to deed, that golden door to freedom will come. the Democratic budget. only open with an appropriately edu- Just to preserve current benefits that The budget, brought by the majority cated workforce where we lift our these programs provide, this genera- to this floor in this debate, spends too young people to their rightful place in tion would have to pay twice the rate much, taxes too much, and borrows too a global economy. of taxes—that’s more than 30 cents out much, and the American people know

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.189 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4380 CONGRESSIONAL RECORD — HOUSE April 1, 2009 it. The Democrat budget will double ward, and I want to thank our able at a time when a third of our Nation’s the national debt in 5 years, triple it in chairman, JOHN SPRATT, for doing what waters don’t meet water quality stand- 10, and the numbers tell the tale. 2010 the American people want us to do. ards, over 150 million people live in spending, $3 trillion, 25 percent of GDP, They’ve told us they can’t wait any- areas that exceed EPA’s air pollution more than $1 trillion in tax increases. more. standards, and 76 million people live The 2010 deficit, $1 trillion, and esti- This budget resolution addresses the within 4 miles of a Superfund site. To- mates suggests deficits nearly $1 tril- necessity for our Nation to reduce its morrow, the Republicans will give not lion for the next 10 years. crippling and dangerous dependence on one but two budgets that will short- The truth is, Madam Chairman, the foreign oil. We must produce our own change those initiatives. Democrat majority has brought to this energy and do so through sustainable, We have water systems, transpor- floor the most fiscally irresponsible renewable sources, while creating jobs tation systems, levee systems that are budget in American history. During de- here in America. Our people cannot tested. We’ve seen it on television just bates like this we hear a lot about the wait. this week, and the challenges of the numbers, but this isn’t just about the We must re-imagine and re-tool 21st century demand a renewed na- numbers. The truth is, it’s not about America’s energy economy. Alter- tional focus on ensuring the soundness dollars and cents. It’s about the Amer- native energy technologies provide one of those programs. Tomorrow, the Re- ican dream, and it’s about our kids. It’s clear path to industrial growth and publicans will propose two budgets to about small business owners, working local employment. Our people cannot shortchange them. families, and family farmers that are wait. Instead, Madam Chair, I suggest dreading the idea of facing higher This Congress started with the strongly that we work on moving for- taxes, higher marginal rates, a na- Obama Recovery Act which set our ward with this budget, with agencies tional energy tax. And it’s about our ship of State on a new path forward to like the EPA and the Department of children and our children’s children spur development and production of the Interior, to get back to improving who may not yet understand what they new energy sources and technologies. air, water quality, preserving public have to fear and a mountain range of Our people cannot wait. lands, cleaning up toxic waste, reduc- debt. And this budget resolution includes a ing our dependence on foreign oil, and Let us not do this. Every American further commitment to renewable en- reverse the damage of the last 8 years, family, every American business is an- ergy and energy efficiency. Especially while we create millions of jobs and swering these challenging times with through the deficit neutral energy strengthen our communities and pro- sacrifice and frugality. This Congress fund, we will encourage and engage tect the planet. Mr. BECERRA. I yield to the gen- should do no different. Let us reject communities to emit fewer greenhouse gases and develop alternative energy tleman from Virginia (Mr. CONNOLLY). this Democrat budget. Let us embrace Mr. CONNOLLY of Virginia. I thank technologies and production to create fiscal discipline and reform and growth the distinguished Member from Cali- jobs in a new energy age. in the form of the Republican alter- fornia for yielding. native. The resolution not only helps our Na- The concurrent resolution before the Mr. SPRATT. I yield 1 minute for re- tion recover, it focuses on cutting the House reflects President Obama’s bold joinder to the gentleman from New deficit in half by 2013 through all the vision for investing in America’s fu- Jersey (Mr. ANDREWS). efficiencies and establishes a balance ture. Throughout the previous adminis- Mr. ANDREWS. I thank my friend for between investing in key areas to grow tration, a sustainable and clean energy yielding. our economy and saving in order to policy was ignored and our dependence My friend, a very articulate new help put our Nation on a growth path on foreign oil grew. I am proud that Member from Wyoming, said it only forward. this Congress has done more in the takes one second to say ‘‘no.’’ I would We are asking this of our citizens, past 2 months to promote energy effi- respectfully say the Republicans have are we not? And we should ask no less ciency and combat global climate gotten it down to that short a period of of our government. Our people cannot change than the previous administra- time because they say it so often. wait. tion accomplished in a full 8 years. ‘‘No,’’ we don’t have an approach to I rise in strong support of the resolu- At the local level, I enlisted counties solve the global warming problem. tion, and I thank my colleague for across the Nation to join Cool Coun- ‘‘No,’’ we don’t have an approach to fix yielding. ties, a program designed to reduce the health care approach. ‘‘No,’’ we Mr. BECERRA. I yield to the gen- greenhouse gas emissions. Now is the don’t have a plan to create jobs. ‘‘No,’’ tleman from Oregon (Mr. time for the Federal Government to we don’t have a plan to improve edu- BLUMENAUER). take similar action. cation. Mr. BLUMENAUER. I appreciate the This budget increases investment in This idea that when you turn a light gentleman’s courtesy because this renewable energy and energy efficiency on, your taxes are going to go up, is budget represents a reinvestment in by 18 percent and provides for a clean just false. There’s nothing in this budg- our Nation’s public lands, infrastruc- energy policy that will safeguard our et that requires any energy tax to be ture, and energy independence. It is a environment, our Nation, our economy, raised upon any person. If there ever is visionary budget that will help renew and create jobs. Through the use of a such a discussion of that, it will come and rebuild America while protecting reserve fund, this budget makes signifi- to the floor under a separate vote, the environment. The Republicans to- cant energy investments in a deficit- under a separate debate, and Members morrow will present not one but two neutral manner. can make their judgment. budgets that would shortchange those This Congress, through the American So I’m not surprised it takes them, very environmental protections. Recovery and Reinvestment Act, made Madam Chairman, only a second to say We propose rather than continue to almost $60 billion in energy invest- ‘‘no.’’ Because they say it so often, ignore the dangers of climate change, ment—$39 billion in direct funding and they’ve gotten very good at it. which the Republicans have done for $20 billion in tax incentives. Mr. SPRATT. I yield 9 minutes to the the last 8 years, an unprecedented coa- Our actions will modernize our elec- gentleman from California (Mr. BECER- lition, we join with to urge carbon pol- tricity grid. The current grid is out- RA). lution no longer be free to be dumped dated, inefficient and unreliable. A Mr. BECERRA. I thank the chairman into our environment by establishing a smart grid will enhance energy effi- for yielding time, and I would like to reserve fund for energy and climate ciency, lowering energy bills and im- begin our discussion of the energy com- change that leaves the opportunity for proving air quality. A 5 percent in- ponent of this budget by yielding to committees of jurisdiction to pass leg- crease in the efficiency of the grid will the gentlelady from Ohio (Ms. KAPTUR). islation to reduce greenhouse gases at eliminate carbon emissions equivalent Ms. KAPTUR. Madam Chair, as a least for those who are going to be leg- to the emissions of 53 million auto- member of the Budget Committee, I islators and not just communicators. mobiles. rise in support of this pro-growth reso- A strong investment in the area of This Congress, through the Recovery lution. Finally, America is moving for- energy and environment is important Act, invested in the weatherization of

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00128 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.191 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4381 millions of American homes, enabling will take us to a point where we can explain his arithmetic and show us the families to better insulate their homes become independent of all those for- taxes he’s talking about in the text of and lower energy bills, and we know eign sources of energy and we can start the resolution. Because they’re not that weatherization is among the most to live a future that will give us a there. This has been asserted again and efficient ways of lowering our energy chance to invest in our children’s edu- again as a mantra. It doesn’t exist. dependency on foreign oil. cation, their health care, and better Mr. RYAN of Wisconsin. I’d be happy Investment in energy independence housing, because we will produce our to step in for the gentleman if the will benefit our economy. Instead of re- own energy and we will do it in a far chairman wants to yield me the 30 sec- lying on foreign countries to meet our cleaner way. onds from his time to explain how energy needs, this budget will promote This is a farsighted budget that the you’re not cutting taxes by $2 trillion. the creation of green jobs right here in President has put before us. We should I’d be happy to explain that. America. Instead of losing manufac- pass it. Mr. SPRATT. It comes from CBO. turing jobs, as we have over the past 25 Mr. RYAN of Wisconsin. Madam Don’t take it from me. From the anal- years, we can add jobs in wind and Chair, at this time I yield 2 minutes to ysis of the President’s budget: Pro- solar power generation; in the manu- the gentleman from Georgia, Dr. posed changes in tax policy would re- facturing of advanced batteries; in BROUN. duce revenues by an estimated $1.7 tril- weatherization programs; in the cre- ANNOUNCEMENT BY THE CHAIR lion, with 6.1 percent over the next 10 ation of the smart grid; in the expan- The CHAIR. Members are reminded years. CBO. sion of broadband; and in hybrid vehi- that they may not traverse the well or Mr. RYAN of Wisconsin. If the gen- cle production. Investment in clean en- put up displays while other Members tleman will yield, that means if you ergy, Madam Chairman, is an invest- are under recognition. don’t think putting the alternative ment in the American worker. It cre- Mr. BROUN of Georgia. Madam minimum tax on $26 million households ates jobs. Chair, the gentleman from Virginia isn’t a tax increase, then maybe you’re We must invest once again in Amer- (Mr. CONNOLLY) just indicated his in- right. If you don’t think raising the ica, in efficient automobiles and wind tention to vote for the Democratic dividends tax by 100 percent, the cap- turbines. These investments will pro- budget. I wonder if the gentleman from ital gains tax by 33 percent, and in- tect our climate and lay the ground- Virginia (Mr. CONNOLLY) knows that come tax rates across the board is not work for a new age of industrial expan- this Democratic budget raises taxes by a tax increase, then by your definition sion founded on technological innova- $1.2 trillion; it makes each American’s that might be a tax cut. tion. share of the national debt $70,000 dol- What you’re doing is you’re playing The energy investments that this lars; or that it opens the door to a na- baseline mumbo jumbo. You’re saying budget enables fulfill President tional energy tax that will cost every we’re going to assume all these mas- Obama’s vision for clean energy inde- single family in America at least $3,128 sive tax increases in America. Oh, and pendence and promote a healthy envi- a year. ours are going to be a little lower than Madam Chair, knowing that, does the ronment while strengthening our econ- that, but they’re still going to be up, gentleman from Virginia (Mr. omy. and it’s a tax cut. That’s baseline CONNOLLY) still intend to vote for this I urge my colleagues to support the mumbo jumbo. The point is this—the budget resolution. Democratic budget? I would yield to the gentleman from budget you’re bringing to the floor b 2230 Virginia to please answer my ques- raises taxes. Mr. BECERRA. Madam Chair, may I tions. Mr. SPRATT. I reclaim the time. I’m inquire of the amount of time I have Mr. CONNOLLY of Virginia. I’m glad to yield you some time, but it remaining that has been yielded to me. hopeful that the gentleman will allow needs some sort of limit to it. The CHAIR. The gentleman has 3 me to answer. Actually, he is mis- Mr. RYAN of Wisconsin. Thank you minutes remaining. informed. This budget actually cuts for the 30 seconds. Mr. BECERRA. Madam Chair, this taxes by $2 trillion. It finances the Mr. SPRATT. I still don’t know what budget resolution provides bold and AMT—— the arithmetic is and I don’t know necessary investments that will create Mr. BROUN of Georgia. I reclaim my where the taxes are, except the tax jobs today and encourage clean energy time. I was just asking for a yes or no cuts, as you know, expire on December technology and infrastructure invest- answer. 3, 2010. ments that will be the foundation of Mr. CONNOLLY of Virginia. Sir, I’m Mr. RYAN of Wisconsin. May I ask long-term energy independence—some- not going to answer your question yes the gentleman a question? thing we desperately need. or no. I’m going to answer it thought- Mr. SPRATT. The President’s budget No one wants to see us continue to fully as a member of the Budget Com- will allow them to expire, except he send $700 billion to our foreign committee. then proposes to have the capital gains petitors when it comes to oil. No one Mr. BROUN of Georgia. Reclaiming rate be 20 percent instead of 15 percent, wants to see so much of that money go my time, this budget is going to cost which is less than it’s traditionally to people who are hostile to this coun- every single American family in this been. And same thing for dividends—20 try and our values. country $3,128. It’s going to cost jobs instead of 15 percent. The previous administration had a all across this country. I hope that We don’t dictate that in this resolu- woefully deficient record of promoting when the gentleman’s people within his tion. We leave matters of that kind— renewable energy investments, of pro- district see the job loss and the in- specific policy choices—up to the Ways viding assistance to modest-income creased cost, that he is ready to answer and Means Committee. families who are most affected by high those questions. I’m going to reclaim my time so we energy prices, and of making long-term Madam Chair, have you seen today’s can go forward. investments in energy independence. headline: Colossal Budget Passes. Each Mr. RYAN of Wisconsin. May I in- This economic recovery plan by household owes $3,128 in new taxes. quire, Madam Chair, as to how much President Obama reflects real change. President Obama’s budget will tax time is remaining, because it’s my un- This economic recovery plan is what every American household. Now for the derstanding that we’re in possession of the American people hunger for. This next decade. Each household now owes a 10-minute block at this moment. economic recovery plan is what people Washington over $120,000. Georgia sees The CHAIR. The gentleman from expected to see out of a new President 10th year of rising unemployment as Wisconsin has 521⁄2 minutes remaining. when they voted in November of 2008. the 2010 budget debt balloons. The gentleman from South Carolina Madam Chair, this plan delivers what We cannot continue this taxing too has 40 minutes remaining. people have been asking for: Bold ideas much, spending too much, borrowing Mr. RYAN of Wisconsin. I will yield that are ready to take this country in too much. It’s going to bankrupt Amer- myself 1 minute to explain. a far new and different direction. ica. That’s what this budget does. On January 1, 2011, income tax rates In energy, no one can say otherwise. Mr. SPRATT. I will yield the gen- go up. That’s a tax increase. On Janu- This is a plan that is farsighted and tleman 30 seconds of my time if he’ll ary 1, 2011, the capital gains tax goes

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00129 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.193 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4382 CONGRESSIONAL RECORD — HOUSE April 1, 2009 up. That’s a tax increase. On January Mr. HERGER. Madam Chair, Amer- Our budget debt will rise to $23 trillion 1, 2011, dividend taxes go up. That’s a ican families, farmers, and small busi- by 2019—21⁄2 times the amount that it is tax increase. ness owners are making big sacrifices today, yet we will have those on your On January 1, 2010, the alternative in their personal budgets so they can side of the aisle who will claim to be minimum tax hits 26 million taxpayers ride out this difficult economic cli- fiscally conservative on a debt that we who weren’t hit by it before in their mate. It’s apparent, however, that leave our children and grandchildren budget. That’s a tax increase. many in Washington don’t share this and mortgages their future. That is not You can’t hide it. If it walks like a sacrifice when it comes to government fiscal responsibility. duck, quacks like a duck, it’s a duck. spending. Thomas Jefferson once wrote, ‘‘To At this time I yield 2 minutes to the Unfortunately, the budget proposed preserve the independence of the peo- gentleman from Florida (Mr. MARIO by President Obama and endorsed by ple, we must not let our rulers load us DIAZ-BALART). the House Democrats would take us with perpetual debt.’’ Unfortunately, it Mr. MARIO DIAZ-BALART of Flor- down a dangerous path. This budget’s increasingly appears that Congress has ida. Baseline mumbo jumbo, as Mr. projected deficits over the next 10 chosen this disastrous path. RYAN just said. How appropriate, years will exceed all of our previous I urge my colleagues to avoid this Madam Chairwoman, because tonight deficits combined. This massive spend- spending addiction and to vote tomor- is April Fool’s Day. How appropriate ing spree is a slap in the face of future row for responsible budgets that will that we be considering this Democratic generations that will have to pay the lead our Nation back to prosperity and budget tonight. But, unfortunately, bill. a brighter future for our children and this is real. This is no joke. This is no This budget includes trillions of dol- grandchildren. laughing matter. lars in tax increases that, incredibly, Mr. RYAN of Wisconsin. Madam This budget raises taxes on all of our won’t even come close to paying for Chair, I yield 2 minutes to the gen- families, our small businesses, and on this new spending. These tax hikes tleman from Minnesota (Mr. PAULSEN). all Americans. And it puts our econ- jeopardize the jobs of millions of Amer- Mr. PAULSEN. I thank the distin- omy on a path towards insolvency by icans by squeezing small businesses al- guished ranking member for yielding. borrowing trillions and trillions of dol- ready nearing the breaking point and Madam Chair, this is a very impor- lars more. would create a drag on any attempt to tant debate tonight. The budget that is This budget, as we’ve already heard, jump-start our economy. being presented tonight by the major- I call upon my fellow Members to is really the President’s budget, ity party would create an explosion of support the Republican alternative Madam Chairwoman. And this Presi- debt—a monumental burden of debt budget that reduces spending, dramati- dent has promised—he had promised a that would be placed on our children cally simplifies the Tax Code, lowers new era of transparency, honesty, and and our grandchildren. accountability. Let me tell you, those taxes, and slashes the debt to a man- b 2245 who supported him—and even those ageable level. The Democrat budget ignores the en- who did not—were optimistic that that It is a budget that will hurt job titlement crisis, while our alternative part, at least, would be true. growth in our country because it raises Let me quote from the President’s addresses the serious problem that puts taxes too much, largely on the backs of our Nation’s financial future in tre- budget document, ‘‘Too often in the small businesses. It is a budget that mendous risk. past several years budgets tricks were spends too much. While American fam- Madam Chair, we must maintain the used to make the government’s books ilies and small businesses are strug- great American tradition of providing gling to make ends meet, this budget seem stronger than they actually our children a better opportunity than pushes spending up by over 9 percent were.’’ He continues on, saying, ‘‘We we received. This House should stand this year alone. How many of our con- should not tolerate these kinds of by the American taxpayer and support stituents are seeing their paychecks tricks when it comes to accounting for the alternative Republican budget. the public’s tax dollars.’’ Mr. RYAN of Wisconsin. At this time rise by 9 percent? It is a budget that I think we all agree on that. But, un- I yield 2 minutes to the gentleman will not only lead to record spending and deficits this year, it will double the fortunately, as we have just seen, this from Virginia (Mr. GOODLATTE). budget is full of those same old tricks (Mr. GOODLATTE asked and was national debt in 5 years and triple the and gimmicks. It’s full of the usual given permission to revise and extend national debt in just 10 years. tired tactics, the same old business-as- his remarks.) Madam Chair, when I was born, the usual, that mentality that’s typical Mr. GOODLATTE. I thank the gen- share of the national debt was $1,500. here in Washington. tleman for yielding. I rise in strong op- Today, my four daughters each have a Unfortunately, this is not the change position to the Democratic budget that share of approximately $35,000 of our that the American people expect. No, it is before the Congress and in support of national debt. But the more alarming isn’t. This budget employs an arsenal the Republican alternative and the Re- fact is that if the budget passes, that of gimmicks to mask an unsustainable publican Study Committee alter- share and that burden on them will rise explosion of more spending, more defi- native—two far more responsible budg- to $70,000 for each of my four daughters cits, and greater debt than this country ets. and each person in this country. has ever, ever seen, inherited and not. I know there are many on the Demo- So this budget creates a vicious spi- Now it also raises taxes by $1.5 tril- cratic side of the aisle who are proud to ral: Higher taxes will hurt job growth, lion—with a T—trillion dollars, bur- call themselves fiscal conservatives. and this huge debt in the budget is dening American families and small You cannot vote for this budget, which going to force the government to bor- businesses, the principal job creators of spends too much, which increases row more to pay the bill. By the year our country, costing American jobs. spending by more than two-thirds over 2012, the United States will be paying Yes, it would also increase the national the course of this budget, to $5.1 tril- $1 billion per day just to pay the inter- debt to $17.1 trillion in just 5 years— lion per year without avoiding the est on our national debt. Just think the highest level ever in the history of charge of ‘‘big spender.’’ what we could do with $1 billion a day. this country. You cannot support this budget, Madam Chair, it is our obligation to Now compared to what the President which taxes too much—which taxes $1.5 pass on to the next generation more has inherited, this is child’s play. We trillion over the course of this budget, choices and better opportunities. But if can do better. We must do better for without avoiding the charge of being a we pass this budget, we risk for the the sake of our children, our grand- big spending tax-and-spend liberal. first time that future generations will children, and our future. That is what you’re facing in this have less opportunity and fewer Mr. RYAN of Wisconsin. At this budget. You cannot support this and choices. We can do better. time, I yield 2 minutes to a senior continue to call yourselves fiscal con- The alternative budget plan that has member of the Ways and Means Com- servatives. been put together by Mr. RYAN is a bet- mittee, the gentleman from California My greatest concern is that this ter path. It is a path of less spending, (Mr. HERGER). budget calls for borrowing too much. less deficits, and less borrowing. It is

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.197 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4383 time to put our fiscal house in order rates, it will not lower inflation, it will Let me close, Madam Chair, by and reject the budget that is on the not create jobs, it will not lower the thanking the chairman once again for floor. deficit. The tax plan will spur infla- his generous collaboration with me and Mr. RYAN of Wisconsin. At this tion, lose jobs, increase the deficit, and my colleagues on this, my first budget time, Madam Chair, I yield 2 minutes hurt our economic growth. as a member of the committee. to the gentleman from Oklahoma (Mr. Mr. HERGER said that in August of Through his steady leadership, the COLE). 1993 about the Clinton budget plan, budget resolution before the House Mr. COLE. I thank the gentleman for which was going to destroy all these today delivers the profound change in yielding. And, Madam Chair, I rise to jobs. It created 23 million new jobs, as course and investments in America’s oppose this Democratic budget. As we opposed to the 200,000 new jobs the Re- communities for which my constitu- have heard repeatedly tonight, it publicans created during their 8 years ents have long been waiting. spends too much, it taxes too much, on their watch. Mr. SPRATT. I now recognize and and it borrows too much. Mr. SPRATT. I now yield 2 minutes yield 4 minutes to the gentleman from But I want to be fair to my friends on for a colloquy to the gentleman from New Jersey (Mr. ANDREWS). the Democratic side. There is one area Virginia (Mr. CONNOLLY). Mr. ANDREWS. I thank the chair- of the budget where there is a glaring Mr. CONNOLLY of Virginia. Madam man for yielding. exception to that rule, and that is the Chairman, let me begin by thanking Madam Chairman, we would urge a defense of the United States of Amer- the chairman for the opportunity to ‘‘yes’’ vote on behalf of this budget for ica. discuss the House budget resolution. many reasons. One is the strong in- Over the course of a 10-year projected And I appreciate the chairman’s will- crease in funding for our veterans. Obama budget, we will move from 20 ingness to work with me to include In less than 2 months, just about percent of the Federal budget down to language in the budget resolution to every Member of this House will go and 14 percent devoted to defending the support pay parity within the Federal make Memorial Day speeches. In No- country. We will move from just over 4 workforce of our civilian and military vember, just about every Member will percent of the gross national product employees. make speeches lauding our veterans on to 3 percent to defend the United Our men and women in uniform have Veterans Day. States of America. We will risk can- distinguished themselves throughout Tomorrow, Madam Chairman, the celing major weapons systems, like the history, particularly during this time Members of the House have a chance to of war; and, at the same time, we can- future combat system, a tanker that do something more than talk; we have not forget the critical role civilian em- will help us project air power around a chance to vote for a budget that ployees play in providing logistical the world and missile defense, at a strongly supports our veterans. But do support to our military as well as their time when the North Koreans and the not listen to us. Listen to the national important work on behalf of our tax- Iranians are developing missiles. That commander of the American Legion, payers and essential government serv- risks jobs, that risks security. That is who says in a letter dated March 25, ices. ‘‘The American Legion applauds the reckless in a dangerous world. I would also note that the House That is not just my opinion, Madam Budget Committee for the budget reso- budget resolution lays the foundation Chairman. Let me read from Robert lution recommendation for $53.3 billion to carry out President Obama’s bold vi- Samuelson’s recent article, ‘‘Obama, in discretionary funding for veterans.’’ sion for fixing the American economy. Listen to the executive director of the Great Pretender.’’ While advancing the major priorities the VFW, who in a letter dated March ‘‘It would be responsible for Obama of the Obama budget, the budget reso- 25, 2009, says, ‘‘On behalf of the 2.2 mil- to acknowledge the big gamble in his lution is by definition a less specific lion men and women of the VFW and budget. National security has long document than the President’s budget our auxiliaries, I would like to express been government’s first job. In his and, therefore, does not assume all of our strong support for your proposed budget, defense spending drops from 20 the specific offsets included. percent to 14 percent of the total from For example, I have expressed con- budget mark for veterans funding. The 2008 to 2016, the smallest share since cern about the President’s proposals to $53.3 billion in appropriated veterans the 1930s. The decline presumes a much cap tax deductions for mortgage inter- funding demonstrates your apprecia- safer world. If the world doesn’t co- est and charitable deductions. Simi- tion for those who have worn the uni- operate, deficits will grow.’’ larly, I and others believe the $250,000 form of this Nation, and it acknowl- More importantly, American soldiers threshold to allow families to qualify edges the debt that this Nation owes to and American security will be at risk, for tax cut extensions is too low. I am its former defenders.’’ Madam Chairman. So let’s reject this pleased, therefore, that the budget res- Listen to the voice of the Iraq and budget because it does spend too much, olution does not assume any specific Afghanistan Veterans of America it does borrow too much, it does tax tax offsets to meet its revenue targets. through its executive director. ‘‘For too much. And let’s embrace the Re- If I may ask the distinguished chair- the second year in a row, the commit- publican alternative which spends less, man of the Budget Committee two tee’s budget resolution surpasses even borrows less, taxes less, but, most im- questions. the recommendation of the inde- portantly, puts more resources where First, Mr. Chairman, does the chair- pendent budget, the blueprint for the it counts, defending the United States man agree that the pay parity lan- VA budget endorsed by the leading vet- of America. guage included in the resolution pro- erans organizations, including the Iraq Mr. SPRATT. I yield first 1 minute vides equitable treatment for Federal and Afghanistan Veterans of America. for a rejoinder to the gentleman from employees, civilian and military? By increasing veterans funding by 11.5 New Jersey (Mr. ANDREWS). Mr. SPRATT. I do. And I thank the percent, or $5.5 billion, the committee Mr. ANDREWS. I thank my friend for gentleman for his leadership in our has displayed their serious commit- yielding. committee on this issue of ensuring ment to supporting our Nation’s vet- I would want to say to my friend that all Federal employees are equi- erans.’’ from Oklahoma that this budget has tably treated. Listen to the words of the Vietnam robust defense increases. What it Mr. CONNOLLY of Virginia. I thank Veterans of America. ‘‘The Vietnam doesn’t have is throwing money into a the distinguished chairman. On the Veterans of America appreciates that bottomless pit in a war in Iraq that has issue of tax policy, might I ask the dis- Chairman SPRATT continues to make it consumed so much of our resources for tinguished chairman, is it the case that possible even in this difficult budget so long. the budget resolution does not specify year amidst tough economic times for My friend from California, one of the particular tax offsets, but rather leaves the appropriators to be able to properly senior Ways and Means members, criti- that decision to the Ways and Means fund health care and other vital serv- cized our budget. These are familiar Committee? ices for veterans,’’ says the VVA’s na- words, because this is what Mr. HERGER Mr. SPRATT. That is correct. tional president, John Rowan. said once before: The simple fact is Mr. CONNOLLY of Virginia. I thank Listen to the Disabled American Vet- that the plan will not lower interest the distinguished chairman. erans who say that, ‘‘Our support for

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00131 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.199 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4384 CONGRESSIONAL RECORD — HOUSE April 1, 2009 the discretionary funding levels in- It goes on to say that, ‘‘He finds that Madam Chairman, I have watched cluded in Chairman SPRATT’s budget the long-term impact of eliminating too much spending and too much bor- closely reflect the recommendations of the death tax would be to increase rowing and too much taxing wreck my the independent budget and reaffirm small business capital investment by home State of California. I beg you, do the goal to provide sufficient funding $1.6 trillion. This additional invest- not let those same policies ruin our for the VA.’’ They say they particu- ment would create 1.5 million new jobs. country. larly appreciate the fact that the ‘‘In other words, by raising the estate Mr. RYAN of Wisconsin. Madam chairman’s budget rejects any proposal tax, in the name of fairness, Mr. Obama Chair, I would like to yield 2 minutes to bill veterans’ third-party insurance won’t merely bring back from the dead to the gentleman from Texas (Mr. for the care of service-connected ill- one of the most despised of all Federal CONAWAY). nesses or injuries. taxes, and not merely splinter many Mr. CONAWAY. Madam Chairman, These are not the words of Repub- family-owned enterprises. He will also the Democratic budget that we are licans or Democrats. These are the forfeit half the jobs he hopes to gain considering tonight for fiscal year 2010 words of the elected leadership of the from his $787 billion stimulus bill. proposes to spend $3.55 trillion, collect veterans service organizations of our Maybe that’s why the news of this un- $2.186 trillion in tax revenues thereby country. wise tax increase was hidden in a foot- creating a deficit of $1.222 trillion. Veterans funding is one of the note.’’ That would be a record deficit except strongest aspects of this proposal. The Madam Chairman, it is time that we for the estimated fiscal 2009 deficit of increase is 11.5 percent. It is precisely make sure that this death tax expires. $1.694 trillion. In fact, their 5-year the request that had been made. There It is time that the government’s cold budget window shows deficits in each is no issue with respect to requiring hand gets out of the warm grave. year that are larger than any deficit veterans to pay more than they pres- Mr. RYAN of Wisconsin. At this ever recorded. The Democratic budget’s ently do for their own health care. time, I yield 2 minutes to the gen- best year is fiscal year 2013 which I think the Members would be wise to tleman from California (Mr. MCCLIN- shows a deficit of $586 billion, which is listen to the words of the American Le- TOCK). $127 billion larger than the current gion, listen to the words of the DAV, Mr. MCCLINTOCK. I thank the gen- record holder of $459 billion for fiscal listen to the words of the Iraq and Af- tleman for yielding. year 2008 which was also on the Demo- ghanistan Veterans of America, listen Madam Chairman, Americans are crats’ watch. to the words of the Paralyzed Veterans awakening to the danger of a budget These estimates, as large as they are, of America, listen to the words of the that spends too much, borrows too may in fact be understated if the CBO’s VFW, listen to the words of the Viet- much, and taxes too much, because assumptions on how fast the economy nam Veterans of America. There is they know what that means. They recovers prove to be optimistic. Madam strong support in this budget from the know that you can’t spend yourself Chairman, we tend to think that ex- chairman, and it is one more good rea- rich; they know you can’t borrow your panding economies will last forever, son to vote ‘‘yes’’ for this budget. Mr. RYAN of Wisconsin. At this way out of debt; and, they know that but they don’t. Today we believe that time, Madam Chair, I yield 2 minutes you can’t tax your way to prosperity. this recession will last forever, but it to a gentleman from the Budget Com- No Nation in the world has ever spent won’t. It is temporary. mittee, the gentleman from Ohio (Mr. and borrowed and taxed its way to eco- The debt that will be used to finance nomic health, but many Nations have these record deficits is permanent debt. LATTA). Mr. LATTA. I appreciate the gen- spent and borrowed and taxed their It will never be paid back. tleman yielding. way to economic ruin and bankruptcy. I recently had a fifth grader in Fred- Madam Chair, I rise in opposition to If you all want to know where all of ericksburg, Texas, at a town hall meet- the Democrat budget. these policies are taking us, just look ing ask me what is our plan to pay off In 2010, the death tax is set to expire; to my home State of California. the national debt? I had to tell the young man the ugly truth is that there however, the President’s budget retains b 2300 the death tax, and the Wall Street is absolutely no plan to pay off the na- Journal said yesterday, and I quote, There a tragic succession of Gov- tional debt. To pay off debt, we have to ‘‘The President’s budget calls for the ernors increased spending at run a surplus, which is something this largest increase in the death tax in unsustainable rates. They ran up un- budget does not remotely contemplate. U.S. history in 2010.’’ precedented debts, and they imposed The interest carry on this permanent The death tax is an unfair attack on crushing new taxes. And the result is debt represents a forever claim on the small businesses and farmers across that today runaway spending has im- earnings of all future generations. this Nation. You know, Members go poverished our economy. Interest costs The CHAIR. The time of the gen- across to their county fairs every sum- are eating our budget alive. And our tleman has expired. mer. I was at one of mine. One piece of tax burden is producing one of the Mr. RYAN of Wisconsin. I yield the equipment, one combine with one head highest unemployment rates in the Na- gentleman 30 additional seconds. cost $425,000. One piece, $425,000. The tion and the biggest out-migration of Mr. CONAWAY. In other words, those death tax forces Americans to have to domestic population in our history. future generations will have to tax make tough decisions. They have to Indeed, we debate this budget on the themselves to pay for the interest on make decisions that they have to hire very day that California begins col- this debt each year before their tax attorneys, you have got to hire CPAs, lecting the biggest tax increase ever revenues can begin to address their you have got to hire your financial imposed by any State government in problems. This begs the question of planners. It is tough. You are taking our Nation’s history, the natural con- why should we use permanent debt to time away from these people’s business sequence of runaway spending, just as address temporary problems? We when they can be out working and President Obama relies on the biggest should not. We have used this tech- making money. It is not right. tax increase by the Federal Govern- nique for far too long, and this budget You know, the time has come that ment in our Nation’s history. There continues this inexcusable use of fu- this death tax expire. It should expire. will be backbreaking new taxes on ture generations’ resources to fix our Most of all, to quote again from the small businesses, on investment, on en- problems. We should not pass this Wall Street Journal yesterday, ‘‘What ergy production and on charitable giv- budget. I urge my colleagues to vote all this means is that the higher the es- ing. And this isn’t complicated stuff. If against it tomorrow. tate tax, the lower the incentive to re- you increase taxes on productivity, you Mr. RYAN of Wisconsin. At this invest in family businesses. Former get less productivity. If you increase time, I yield 2 minutes to the gen- Congressional Budget Director Douglas taxes on energy production, you get tleman from Utah (Mr. CHAFFETZ). Holtz-Eakin recently used the Sum- less energy. If you increase taxes on Mr. CHAFFETZ. My wife and I have mers Study as a springboard to com- charitable giving, you get less charity. three young kids. My son, Max, just pare the economic cost of a 45 percent If you increase taxes on investments, turned 16. He got his driver’s license. I estate tax versus a zero rate.’’ you get less job creation. want everybody to be warned that my

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00132 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.200 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4385 son now has his driver’s license. You So our presentation was about vet- Madam Chair, I listened very care- have all been warned. erans who wore the uniform of the fully to the distinguished chairman of I really worry, though, about the leg- country. Their presentation was about the House Budget Committee. But un- acy that we are leaving our kids. My the .3 percent of Americans who would fortunately, I think he may need a his- son is going to inherit something if the pay the estate tax under this proposal. tory lesson on who has controlled this Democrats pass the budget that they That is where our priorities are. institution for the last 2 years. And propose, where 30 cents, 30 cents of Mr. SPRATT. Madam Chair, how also, as I read the Constitution, Madam every dollar spent, nearly 30 cents of much time is remaining? Chair, I would say to my friend from every dollar will be spent by the Fed- The CHAIR. The gentleman from South Carolina, if I were allowed to eral Government. I just think that is South Carolina has 32 minutes remain- speak to him, it says that it is Con- wrong. He is entering a world where ing. The gentleman from Wisconsin has gress, Congress is in charge of spending they are going to have the single larg- 37 minutes remaining. decisions, Congress has the ability to est tax increase in the history of the Mr. SPRATT. I will go ahead and use spend money, create debts and create United States of America where their the balance of my time. deficits. And I agree. President Obama The CHAIR. The gentleman is recog- debt has been doubled. We have got to inherited a huge deficit. He inherited it stop running this country on a credit nized for 2 minutes. Mr. SPRATT. Madam Chair, I have from Democrats in the United States card. People have to pay that debt. And sat here keeping a list of things that Congress. So he took a $1.3 trillion it is mere kids and our grandkids. debt, it was a $160 billion deficit rather, So I reject this budget that is pro- were wrong that cannot be recited in 2 minutes. One speaker got up and said and now he and the Democrats in Con- posed. I think we need to look closely gress are adding to it a sea of red ink what is the proper role of government. there were no spending restraints. Def- icit neutral reserve funds are all about for as far as the eye could see. Never in I think every time we send a dollar of spending restraints. We cannot under- the history of this country have we the American people’s money, we have take any of those initiatives until they seen so much debt. to remember that we are reaching into are paid for. It is a substantial re- Their budget, Madam Chair, will sim- everybody’s pocket and pulling that straint. PAYGO is built into this budg- ply bankrupt this country. And they money out and giving it to somebody et. And it is guaranteed to be accorded seem to be oblivious to the facts. else. Is that the proper role of govern- a vote on this House floor to become Again, never, never have so few voted ment? Who is in the best position to statutory PAYGO instead of rule-of- so fast to indebt so many. And it is just actually spend those dollars? There are the-House PAYGO. the start of their economic calamity some that argue that only government There is a lot of talk about the costs that they are trying to impose upon can solve our problems. I reject that. It of this budget, $3.9 trillion. It makes the Nation. is only the American people that can me gag as well. But do you know why Now we hear all of this lofty talk grow this economy and grow this coun- it is up so big? TARP, Freddie Mac, about, well, we need this wonderful try. It has been on the backbone of the Fannie Mae and AIG, much of which, budget and all of this spending to get American entrepreneur, the woman much of which was incurred and fixed us out of the recession. Then why, why who opens a business, it is the local on your watch, the watch of your ad- is it that the President’s own OMB says small business man that is going to ministration, Hank Paulson and oth- that we are out of this recession in the grow this country. It is not this gov- ers. That is why it happens in this fourth quarter of 2009? Then why im- ernment. year’s numbers, secondly. pose this unconscionable burden of And so I reject this budget. We are Thirdly, as you listen to this debate debt on our children? going to find out real quickly if those you would think that President Obama Madam Chair, there was a time in Blue Dogs are Blue Dogs or if they are has been in office in town for years America’s history when the American lap dogs. Because we have the chance now. Everything is effectively blamed ethic was, you work hard today so your to reject this budget and get fiscal con- on Democrats. His administration has children can live better tomorrow. straint in order. We cannot be all been in office 3 months. What we are Well, this Democratic economic pro- things to all people. We have to learn seeing today and next year and the fol- gram just turns that around and says, to say ‘‘no.’’ Government is not here to lowing years is the wind down and the let government live better today so our solve all of our problems. It is about work off of the Bush structural defi- children can work harder tomorrow. It life, liberty and the pursuit of happi- cits. They simply won’t go away in is an outrage. It is an outrage. A na- ness. And I want my son to enter that short order. But Obama didn’t wrack tional energy tax. Tax on small busi- world as optimistic as he can possibly up this debt in the last 3 months. It has nesses. Taxes on the capital of cap- be and a government that gets out of been created in the last 8 months when italism. As one of my colleagues said, the way. President Bush took a $5.6 trillion sur- the gentleman from Florida (Mr. Mr. SPRATT. I yield 1 minute to the plus over 10 years, and by 2004 con- MACK), our budget is about we the peo- gentleman from New Jersey (Mr. AN- verted it to the biggest in history, to a ple. Their budget is about I the govern- DREWS). $412 billion dollar deficit, the biggest ment. If you think you can borrow Mr. ANDREWS. Our friend from Utah deficit at that time in American his- your way, spend your way, tax your just said that we have to learn to say tory. That happened under his watch, way into prosperity, Madam Chair, ‘‘no.’’ That is something that his party under his administration, under his then that is the budget for you. But if has learned to say quite well. No plan spending policy and taxing policy. you think America is about rolling up for health care, no plan for education, So all of this effort, and in par- your sleeves, working hard, risking no plan for job development, and no ticular, this newfound concern over capital and dreaming bold dreams so plan for energy independence. One of debt, I share your concern. But where that people can go to work and find our colleagues talked about the estate were you over the last 8 years? Your si- their own future, then there is an al- tax. Interesting exchange, Madam lence was almost deafening. This Presi- ternative, Madam Chair. It is the Re- Chairman, that our presentation was dent Bush built up the debt of the publican budget that will be offered to- about honoring America’s veterans and United States from $5.7 trillion to $11 morrow. And it will give a great Nation fully funding in a way that the VFW trillion. What we are now doing is liv- a great future. and the American Legion supports, and ing in the backwash of the Bush admin- Mr. RYAN of Wisconsin. Madam rather than any response to that point, istration trying to straighten up the Chair, how much time do I have re- the other side immediately jumped to mess that he left behind. maining? talk about the estate tax, which I un- Mr. RYAN of Wisconsin. Madam The CHAIR. The gentleman has 34 derstand. And the reason we under- Chair, at this time I would like to yield minutes. stand it is that this budget assumes 3 minutes to the gentleman from Mr. RYAN of Wisconsin. I yield my- that changes will be made in the Texas, the vice ranking member of the self 4 minutes. present estate tax law so that 99.7 per- Budget Committee, Mr. HENSARLING. Madam Chair, let me read you a cent of American families will not pay Mr. HENSARLING. I thank the gen- story about a project that is deemed the estate tax, 99.7 percent. tleman for yielding. shovel-ready that is getting funded in

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.202 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4386 CONGRESSIONAL RECORD — HOUSE April 1, 2009 the stimulus package in Wisconsin. It is getting to that kind of a serious he left over $1 trillion in deficits in The town of Arena, it is a beautiful moment in this country where, if we 2009. Record oil prices, record current small town in Iowa County, the town of keep thinking we can just borrow and account deficits, the broadest measure Arena will get $426,000 to replace the borrow and borrow, tax and tax and of our trade deficit, the largest in his- River Road bridge. It averages about 10 tax, spend and spend and spend, we’re tory, record declines in housing prices cars a day. A quote from the town going to do it in to our own country. I and home equity that have left fami- chairman, ‘‘I was surprised as anyone don’t want that to happen. lies owing more than their homes are when I got a call that the bridge was This is the greatest country on the worth. going to be fixed. I can tell you that planet. This is the land of opportunity. As you can see on this chart, through the bridge is a very low priority for This is the country that has shown the a series of disastrous choices and us.’’ Stimulus package, shovel-ready world that we can reach unprecedented flawed policies, the Bush administra- project. If you think this is the kind of amounts of prosperity, where every- tion squandered surpluses and left us way we ought to be spending our tax- body can climb up that economic lad- with record deficits. Here are the pro- payer dollars, then vote for this budg- der. jected surpluses, but this is the reality et, because they are going to do a lot We want a society where we equalize of the actual budget deficits left us by more of this stuff. If you think that is opportunity for all people. We don’t the Bush administration. President the key to prosperity, borrow that want to pass this budget that says Bush presided over a tragic and unprec- money, build the bridge that gets 10 we’re going to equalize the results of edented reversal of fortune for our Na- cars a day that the people from this everybody’s lives. We are going to tion and for our American families. town say is a low priority, then we are micromanage their affairs. As this next chart shows, the 8-year going to do more of that. Vote for this We want America to succeed and to tenure of President Bush was a period budget. prosper, and that’s why we want to de- of the lowest and slowest job growth of I want to speak not in numerical feat this budget. any administration in 75 years. His ad- terms, not in statistics, but in history I reserve the balance of my time. ministration left us with a mere 2 mil- and morality. We are the greatest na- Mr. SPRATT. Madam Chairman, I re- lion more jobs than when he came into tion on Earth. We are an exceptional serve the balance of my time. office. Compare that to the 8 years nation. And I want it to stay that way. The Acting CHAIR (Mrs. under President Clinton, where nearly History is replete with episode after DAHLKEMPER). The gentlewoman from 23 million jobs, more than 10 times as episode of great civilizations and great New York (Mrs. MALONEY) and the gen- many, were created. You can see this nations not being defeated militarily, tleman from Texas (Mr. BRADY) each small red bar. That’s the jobs that but being defeated by themselves, will control 30 minutes on the subject Bush II created. Compare that to all doing themselves in through atrophy of economic goals and policies. the prior administrations that pro- and stagnation. The Chair recognizes the gentle- duced many, far many more jobs than woman from New York. this failed administration. b 2315 Mrs. MALONEY. Madam Chairman, I Despite his frequent assurances that That is what could happen here if we yield myself as much time as I may his policies were working to make the don’t watch it. The kinds of borrowing consume. that is being proposed in this is stag- Madam Chairman, as Chair of the economy stronger, President Bush gering. Joint Economic Committee, I am earned the dubious distinction of pre- I want to ask you, how much money pleased to speak in the time reserved siding over not one but two recessions. do you think I have in my wallet? I by the Budget Act for a discussion of After a jobless recovery from the reces- have $50,000,000,010 in my wallet. I’ve economic goals and policies. sion in the first term, the economy fell got 10 U.S. dollars and 50 billion I rise today to put our fiscal prob- back into recession in December of Zimbabwe dollars. Ten U.S. dollars lems into a broader economic context. 2007, and has been shedding jobs at an right now are more valuable than the Our budget is an important blueprint alarming rate ever since. Zimbabwe dollar. This is what happens for getting our economy back on track By nearly every measure, the 2001 when a country tries to inflate its way by making critical investments in and 2007 recovery period was among the out of its debt. It’s worthless. health care, clean energy, and edu- weakest in the post-World War II pe- I’m not saying we’re going to become cation that will create jobs and en- riod. There were warning signs that all Zimbabwe. Far from it. But I’m saying hance our global competitiveness. We was not well. During the recovery, two our greenback is under duress. People will also restore fiscal responsibility important economic variables, growth, are wondering if this is going to retain by cutting the deficit by nearly two- and the growth in fixed nonresidential its value. thirds by 2013. investment, grew more slowly than The question is, are we going to be Throughout this budget debate, it during the other expansions. Both grew able to keep finding people to buy all has been generally acknowledged that more slowly than they did during the our bonds if we borrow and borrow and President Obama inherited a fiscal expansion of the 1990s, when taxes were borrow? If, under this Presidency, as mess. The previous administration had raised, not cut. this budget proposes, we borrow more taken office facing a robust economy Consumption, net worth, wages, and money than all prior presidencies com- and a fiscally sound government. Presi- salaries, and employment also grew at bined, are we going to get all these peo- dent Bush inherited a projected surplus remarkably slower rates during the ple to give us that money? of $5.6 trillion. We stood poised to deal Bush recovery than during other ex- And then guess what? Guess who with the budget challenges posed by pansionary periods. pays for it? The next generation. Our the retirement of the baby boom gen- The one bright spot for some in the children. Our children already are on a eration, and prepared to invest in im- recovery was the large growth in prof- glide path to pay twice the level of proving the future standard of living of its that went to corporations driven, in taxes we pay today; that’s if you don’t our children and grandchildren. large part, by the ever-increasing pro- pass this budget. It gets much worse if Under President Bush’s management, ductivity of the American worker. you do pass this budget. our economy set record after record, However, the increases did not trans- We’re going to debase our currency if but they were all the wrong kinds of late into bigger paychecks for hard- we keep going down this path. Do you records. His administration’s policies working middle-class families. know what that means? I know that’s produced historically poor levels of job Unlike the expansion of the 1990s, wonky stuff. That means people lose growth, the greatest gap between the under President Clinton, where work- their savings. That means senior citi- haves and the have-nots since the 1920s. ers’ productivity and compensation zens living on fixed incomes lose their Record number of uninsured Ameri- grew in tandem, during the 2000 recov- savings. Their standard of living goes cans, 47 million in 2006. A record $10.6 ery under President Bush, workers’ down. That means the middle class trillion Federal debt when he left of- compensation lagged far behind their that’s saving for retirement, saving for fice, and the largest single-year deficit robust productivity growth. The in- college, that gets wiped out. in U.S. history, $459 billion in 2008. And creased wealth just went to a very few

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00134 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.204 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4387 at the top of our economy, exacer- the Children’s Health Insurance Pro- mitment to making college affordable bating the divide between the haves gram, so that it now covers 11 million for every American by raising the max- and the have-nots. low-income children. imum Pell Grant award to help more As this chart shows, the typical b 2330 students obtain a college education. household income, after accounting for Our budget also embraces the Presi- inflation, was actually $324 lower at The economic recovery packages we dent’s goal of increasing America’s en- the end of 2007, leaving them struggling passed were aimed at boosting demand ergy independence and energy security. to stay afloat, even before the current in the short term because consumers Record gas prices last summer left recession hit. are reluctant to spend, but we were Americans at the mercy of the gas It is now all too clear that even the careful not to enact provisions that pump. We build on the funding and tax relatively weak economic growth dur- will exacerbate our long-term deficits incentives in the Recovery Act by ex- ing the Bush administration was not and debt. This budget builds on those panding our investments in renewable broadly shared and was built on an un- policies by making important addi- energy and energy efficiency that will stable foundation. The soaring housing tional investments that will strength- reduce America’s dependence on for- prices that helped fuel our economic en our economy, invest in the future eign energy, and we provide new train- recovery now appear to have been a and put us back on the path of fiscal ing opportunities to prepare workers classic asset bubble. The disastrous ef- responsibility. for green jobs in a clean, green econ- fects of the collapse of that bubble According to the Congressional Budg- omy. Our budget is the blueprint for have now spread throughout our entire et Office, ‘‘rising costs for health care strengthening our economy and for financial system and around the globe. [are] the single greatest challenge to putting people back to work. After 8 When President Obama took the oath balancing the Federal budget.’’ Clearly, years of misguided policies, we must be of office on the steps of this building containing health care costs is critical mindful of the future as we take steps just 2 months ago, he immediately in- to addressing the country’s long-term to rebuild our economy. herited a deficit of over $1 trillion for fiscal challenges, and we must act now. President Obama has called on us to Fiscal Year 2009, and trillions more in That is why a key priority of our budg- address the systemic challenges facing deficits over the next 10 years. He be- et is health care reform, which will ex- our economy by making investments in came heir to an economy in the worst pand coverage, improve the quality of accessible, affordable health care, en- crisis since the Great Depression. Al- care and address those skyrocketing ergy independence and quality edu- most 41⁄2 million jobs have been lost in costs of care that are weighing down cation. The investments we make now the last 15 months. our economy and are putting pressure will pay off later as we emerge from As this chart shows, in the waning on family budgets. this current crisis stronger and better days of the Bush administration, the During the last administration, the prepared for challenges of the 21st cen- economy shrank at an astonishing an- growing cost of care pushed the num- tury. nual rate of 6.3 percent in the fourth ber of uninsured Americans to record Thank you, and I yield to the gen- quarter of 2008, the fastest rate of con- levels. At the end of the recovery in tleman from Texas (Mr. BRADY) for 10 traction in over 25 years. In 2008, the 2007, there were 46 million uninsured minutes. final year of the Bush administration, Americans, 7.2 million more than when Mr. BRADY of Texas. I would yield $11.2 trillion of wealth simply vanished President Bush took office. myself such time as I may consume. into thin air as housing prices fell al- I would like to thank Chairman Madam Chair, this evening reminds most 20 percent. SPRATT and the Budget Committee for me of my first session of Congress in Our gross Federal debt stands at including a deficit-neutral reserve fund 1997. It was a night like this, and we more than $10.6 trillion, nearly $35,000 in the budget resolution for the 9/11 were struggling with a budget that was per person in America. That is how health programs, consistent with last out of control. We had a Democrat much every person in America owes to year’s budget conference agreement. President and a Republican Congress, the Federal debt. And as a share of our This will provide some legislative flexi- and while it was a hard fight and we economy, that’s the highest level since bility for the Energy and Commerce had to make a lot of tough decisions, 1955, when we were still paying off and Judiciary Committees to pass H.R. Republicans in this House and Presi- debts from World War II. 847, the 9/11 Health and Compensation dent Clinton together passed a bal- This is the fiscal mess President Act, and to ensure it is fully paid for anced budget agreement that suc- Obama inherited, and we have our under PAYGO rules. H.R. 847 would ceeded. It got spending under control. work cut out for us to clean it up. One provide medical monitoring and treat- It lowered taxes. It didn’t raise them. year ago I stood here in this same spot, ment to World Trade Center responders Not only were we able to balance the as part of this same process, and point- and to community members whose budget, but we were able to pay off al- ed out that when our opponents were health has been impacted by Ground most a half a trillion dollars worth of asked how to address our financial Zero toxins in the aftermath of Sep- national debt. problems, their answer was, to cut ben- tember 11, 2001. We have a moral obli- I remember because almost no Demo- efits for middle-class families and cut gation to care for the heroes and hero- crats voted for that. They claim credit taxes for the wealthiest few. And our ines of 9/11, and this reserve fund is an now for balancing the budget, but they opponents still offer the same solu- important step toward fulfilling that voted against the law that balanced tions. obligation. our budget and allowed us to pay off We propose a different course. Re- Our budget makes investments in that national debt. Tonight feels like storing growth is key to getting our education a priority so that every child that because, I think, we have the op- economy back on track, and spurring has the opportunity to receive a qual- portunity, unfortunately, to go the growth takes investment. Congress has ity education. According to a report by other direction. My worry is that this worked closely with President Obama the Education Trust, the United States Obama-Democrat budget guarantees in his first 70 days to develop an inte- is now the only industrialized country red ink for decades and that we may grated and multipronged attack to re- where young people are less likely than never see a balanced budget in our life- vive the economy. their parents to earn a high school di- times if this budget passes. Under the American Recovery and ploma. The Americans I know, the Texans I Reinvestment Act, we have provided Improving education and training know, are growing increasingly worried relief to middle-class, middle-income will prepare our children to compete about our unprecedented spending taxpayers, invested in infrastructure, and win in the global economy. This spree. You know, the President’s budg- renewable energy, and education to budget builds on investments with fur- et and the Democrat budget we’re talk- create and save millions of jobs and ex- ther support for early childhood edu- ing about tonight raises taxes. It extend unemployment benefits for mil- cation, setting high standards and pro- plodes spending, and it heaps on moun- lions of jobless Americans. viding the tools to achieve them for el- tains of new debt for the next decade. Congress has also acted, with Presi- ementary and secondary school stu- It’s clear America’s finances are on the dent Obama, to reauthorize and expand dents. This budget reaffirms our com- wrong track. We need to change the

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.206 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4388 CONGRESSIONAL RECORD — HOUSE April 1, 2009 path now. We need to change it today The Democrats now are attempting whole life to start a business or to run or risk never seeing a balanced budget to shoehorn expensive administrative the family farm, and at the very end, in our lifetimes, and I worry from an proposals based on unrealistic eco- Uncle Sam swoops in and takes up half economic standpoint that all of this nomic assumptions, and the budget of what you’ve earned? You intended to new debt is going to drag our economy uses gimmicks to mask spending. So give it to your children or to your down further and that, eventually, it we’re going to see much higher debt grandchildren, but Uncle Sam comes in will lead to higher inflation, which and, eventually, higher taxes. The fact and takes it. It’s the number 1 reason really hurts and hits families and their is the U.S. can’t afford to engage in most small businesses aren’t able to paychecks by eroding those paychecks this spending spree on top of a stim- hand their businesses down to their and their nest eggs. ulus, on top of a budget just passed, children. It’s the number 1 reason fam- We can’t spend, tax and borrow our huge spending on top of the new bail- ily farms don’t survive. Today, we’re way back to prosperity. Congress has a out dollars, and now this budget hit- seeing more women-owned and minor- responsibility to get on a more respon- ting Americans straight in the face. ity-owned businesses that are facing sible path that leads back to a bal- You would think we’d be listening to the same death tax. They aren’t going anced budget, and we’ve got a Repub- warnings from China and from others to survive. The death tax needs to go lican alternative, a Republican Study of our creditors to remind us that there away permanently as it did under Committee alternative as well, that, I are limits to the appetite for U.S. President Bush and the Republican tax think, starts us down in that direction. Treasury securities. relief measures. I oppose strongly the budget that’s We are on a dangerous path. What we Finally, coming from an energy proposed today that increases spending see in this budget are tax increases on State, we see unprecedented increases by $3 trillion over the next decade. small businesses, on professionals, on on America’s energy industry. The Just think about it: Federal spending exporters, and on entrepreneurs. We very people who develop our oil and under this Democrat budget would in- see huge, new cap-and-trade taxes and gas. Onshore, small and independent crease nearly $1 trillion in the next costly new entitlements that will drive energy companies will face devastating year alone. $1 trillion in the next year us deeper into debt and that will really tax increases, including one where it alone. Think about that. Economists raid the pocketbooks of most American actually punishes them and treats tell us that $1 trillion is represented by families. them like they’re foreign investors. It Before I reserve my time, the ques- this: If you’d started a business on the punishes them for drilling and for ex- tion is: Who pays for all of this? Be- day Our Lord was born and you’d lost ploring here in America. It makes no cause there’s no free money in Wash- $1 million every day since, we still sense at all. ington. Someone eventually has to pay would not be to that first $1 trillion. At this point, we have several mem- We’re going to add more than that in for it, and it won’t be just the wealthy. It’s going to be the middle class. It’s bers of the Joint Economic Committee new spending just in the next year. and others who would like to share We’re going to spend twice as much as going to be professionals. It’s going to be hardworking families. It’s going to their thoughts on this budget and on that in new debt added to the Federal the condition of America’s financing. debt. Those are staggering numbers, be the elderly. We’re going to see higher capital gains and dividends taxes, a With that, I would like to reserve, amounts of debt I never dreamed I Madam Chair, the balance of my time. would see in my lifetime. It gets worse. lot of which our seniors live off of in their retirement. They’ve already seen Mrs. MALONEY. I yield myself as Under this budget plan and budget much time as I may consume. path, over the next 10 years of debt their retirement portfolios devastated. Now we’re going to tax them if those Madam Chair, as we consider the held by the public, it will triple to over gains go back up. budget proposal for the coming year, $17 trillion. Again, it’s an amount that There will be tax hikes on charitable we are facing, really and truly, one of most people never dreamed we would donations. At a time when more and the most important votes in recent see. more people need local charity services memory. We can choose now to honor According to the Joint Economic and contributions are down, we’re ac- the pledge we made to the American Committee, the debt, as a share of our tually going to discourage our profes- people in the last election and begin economy, will almost double during sionals and small businesses from giv- the process of health care reform, that period. Some economists think it ing to our local charities. I guess they make investments that will lead to en- will go up even faster. According to a think they can use the money more ergy independence and invest the need- recent study of many financial crises wisely here in Washington. ed funds to reinvigorate our edu- by Professors Kenneth Rogoff and Car- You’re going to see a carbon tax, an cational system or we can follow the men Reinhart, it has become an in- energy tax, that in Texas will drive en- same failed policies that brought us to stant classic. U.S. national debt can be ergy bills up 100 percent in some areas, the crisis we find ourselves in now. Our expected to increase by $8 trillion to $9 50 percent in others. It will be a huge budget builds on our integrated ap- trillion just over the next 3 years. Dur- cost to families on their utility bills. proach to lifting us out of the reces- ing that period, inflation of 8 to 10 per- The taxes on small business in a num- sion, and it returns us to fiscal dis- cent, something most of us haven’t ber and in a variety of ways are going cipline by cutting the deficit by nearly seen since the ’70s, is more than likely to destroy jobs. The marriage penalty two-thirds by 2013. the way the government will end up comes back in a major way. You’re b 2345 paying for this huge run-up in Federal going to increase the income taxes on debt. These economists compare the professionals and small businesses by Now, the gentleman mentioned our coming economic environment to the at least 20 percent. What’s interesting tax plan. Well, I am very proud of the ’70s, which had rising inflation, weak is this small group of professionals and Democratic plan. Our plan makes per- economic growth, rising unemploy- small businesses makes up about 5 permanent the $800 Making Work Pay tax ment, and what we called the misery cent of the taxpayers in America. They cut while preserving all dedicated pay- index. Unfortunately, that may be already pay 60 percent of the taxes. roll taxes that go to Social Security what we’re heading for. They carry 10 times the load. This and Medicare. This is a new tax cut Because this budget and the Presi- budget is going to tax them more. President Obama promised in his cam- dent’s budget cooks the books and uses So the signal we’re going to send to paign. faulty economic assumptions in its people is, if you go to college and get a The Democratic plan expands the forecast, it has a variety of accounting degree, if you develop a skill, if you child tax credit helping millions of gimmicks that really hides the true start a new business, if you build up families with children. It makes the cost of these dangerous budget prior- your life, we’re going to punish you for $2,500 opportunity tax credit perma- ities. As the Washington Post said last it. We’re going to punish you for it in nent to make college more affordable. week—and it’s not exactly a conserv- higher taxes. We’re going to discourage This is a new tax cut President Obama ative newspaper—‘‘In this budget, Con- you. promised in his campaign. gress deals a blow to honest budg- This budget brings back the death It permanently protects millions of eting.’’ tax. Can you imagine working your middle-class families from being hit by

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.208 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4389 the alternative minimum tax. It ex- and the deficit is a symptom of some- So the ones who live beyond their pands the earned-income tax credit by thing much more serious. And that is, means get bailed out. And it’s a very providing tax relief to families with what have we allowed our government bad, bad system that we have. And we three or more children and increasing to become? I think it has been the loss have to decide what the role of govern- marriage penalty relief. It provides for of respect by us here in the Congress to ment ought to be. automatic enrollment in IRAs and understand and take seriously article I, You know, we do blame the banks 401(k)s and expands the current tax section A. If we did that, we wouldn’t and we blame the business people and credit for saving for retirement. It be doing all of these things that we’re everybody. But you know, I have a lot eliminates capital gains on small busi- doing. of people that come to my office and nesses, cuts taxes for 95 percent of If we understood the tenth amend- say, Cut his, cut his, but don’t cut my American workers, cuts spending—non- ment, we wouldn’t be doing all of this. program. defense discretionary—over 10 years to We wouldn’t have a deficit. If we under- So we have to decide as a people what its lowest level as a percent of the stood monetary policy, we wouldn’t should the role of government be. And economy in nearly half a century. It have a monetary system that encour- if we think the role of government is cuts the deficit in half over 4 years, ages all of this that gets us off the going to be, and should be, the police- grows nothing but jobs and ends an era hook because conservatives like to man of the world and to run the wel- of irresponsibility and gimmicks. spend a lot of money, and liberals like fare State, this budgetary problem will I would like to inquire, Madam to spend a lot of money. And they don’t never be solved. Chairman, as to how much time re- have to worry. We raise taxes. We bor- The Acting CHAIR. The time of the mains on both sides. row it. And we do it, and we’ve been gentleman has expired. The Acting CHAIR. The gentlewoman doing it for decades and getting away Mr. BRADY of Texas. Madam Chair- man, I would like to grant 30 seconds from New York has 12 minutes remain- with it. But it’s coming to an end because we’ve always been dependent on to Mr. PAUL to conclude. ing. The gentleman from Texas has 21 Mr. PAUL. I thank you for yielding. minutes remaining. the Fed to come in and monetize the debt. And let me just close by saying the Mrs. MALONEY. I reserve the bal- greatest danger I see right now is the ance of my time. Now, have they backed off in any way? No. They are expanding it. Not placing of the blame for the crisis that Mr. BRADY of Texas. Madam Chair- we’re in is that we had too much free- man, I would yield 5 minutes to a mem- only do they buy in the market, they are buying it directly from the Treas- dom, too much capitalism, not enough ber of the Joint Economic Committee regulation. And they did this in the for more than 6 years, the gentleman ury. They’re only encouraging us to do even more of this. 1930s. They are doing it even more now. from Texas, Mr. RON PAUL. Instead of saying that we overspent, Mr. PAUL. I thank the gentleman for We have endorsed, as a Congress and as a people, a welfare/warfare State. overtaxed, overregulated, we have lost yielding. our confidence. And if we don’t change Madam Chairman, I rise in opposi- And that is not part of what America is supposed to be. And it encourages the that attitude and if we accept this notion to this resolution. tion, accept international regulation, You know, they say so often that spending and the borrowing and the deficits and all of the inflation. believe me, we’re in big trouble. We there is not enough bipartisanship will lose our freedom, and we will lose around here. We hear that complaint a And we take—for instance, we were supposed to get a lot of change with our sovereignty as well. lot of time. But, you know, when I look Mrs. MALONEY. Madam Chair, I at it, I see that there’s been too much the new administration. One thing I was hopeful about is that they might yield myself as much time as I may bipartisanship in creating the problem look at this overseas wild expanding consume. we have had. And it hasn’t been the and expansion of the war going on in I would like to address the deficit last—this crisis that we’re in the midst the Middle East, but the military budg- that the gentleman mentioned and of, this financial crisis, didn’t pop up et, the war budget, is going up 9 per- point out that President Obama inher- here in the last 60 days. It didn’t pop up cent. And as long as we have the expan- ited deficits over $1 trillion. The here in the last 8 years, but it’s taken sion of the war, the dependency on the Obama administration inherited an several decades to get to this point spending overseas, we’re spending over economy deep in recession and a pro- where we are today dealing with a $1 trillion over a year maintaining the jected annual deficit of well over $1 budget that is just totally out of con- world empire at the same time we have trillion. This deficit didn’t arise out of trol and a monetary and economic sys- runaway spending here on welfare here the blue. tem that is uncontrollable as well. at home. It is unsustainable. President Bush inherited a $5.6 tril- It is said that this budget is going to We have a debt that will not be paid. lion projected 10-year budget surplus, be $3.6 trillion with a $1.1 trillion def- We know that when it reaches a cer- which he dissipated on misguided fiscal icit. An amazing thing is that $1.1 tril- tain level, it cannot be paid. But it is policies and choices. That surplus rep- lion deficit is going to be $400 billion always liquidated. resented an opportunity to address less than this year. I will wait and see Now, if an individual or a company some of the major issues confronting if that really comes out because that goes into debt, it can be liquidated in our country, including preparing for probably won’t work out that way. the old-fashioned way of bankruptcies. the needs of the retiring Baby Boom Matter of fact, characteristically, the Countries don’t go bankrupt. What generation. statistics that we hear when we talk they do is they default on a debt. That The Democratic plan cuts the deficit about the budget are never reliable, es- doesn’t mean they won’t pay it. They by more than half. The President sets a pecially when you’re in a recession. In pay it off in bad money. And literally, firm goal of cutting the deficit in half a recession, nobody can protect the that is the purpose of the Federal Re- over 4 years, and this budget does just revenues. The revenues are going to be serve right now is to lower the real that. It takes the record deficit that a lot lower than they said and the ex- debt. So if you destroy 50 percent of President Obama and the 111th Con- penditures are going to be a lot higher. the value of the dollar in the next year gress inherited in 2009, and cuts the So I am making a prediction that the or two, the real debt has gone down 50 deficit from $1.7 trillion in 2009 to $586 spending will be over $4 trillion this percent. billion in 2013. year and that the deficit is going to be Literally, the Federal Reserve board And it also makes more realistic def- over $2 trillion and that the picture is praying for, encouraging inflation to icit estimates. To provide for a more that we are looking at today is much lower the real debt because it can’t be realistic accounting of the govern- worse than we’re willing to admit. sustained. ment’s financial position, our budget— Matter of fact, I think the problem But who does that hurt? It hurts the like the President’s plan—includes we face today is not so much a budg- people who save, the people who save likely foreseeable costs that have been etary problem. It’s much different. I get 1 percent on their earnings, and we omitted from past budgets. These in- think we talk a lot about the budget. tax the little bit they get, and the peo- clude costs of our overseas deployment, Just think about how many hours we ple who are doing the right thing are Medicare reimbursements to physi- talked about it today. But the budget being punished the most. cians, and emergencies such as natural

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.210 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4390 CONGRESSIONAL RECORD — HOUSE April 1, 2009 disasters that can’t be predicted with pand, not borrow money, and they were cal year into the gulf coast of Lou- precision but that occur every year. dark days and they were tough times. isiana and Mississippi because of These were all off-budget during the And we lost some businesses, and peo- Katrina and Rita. We had to help a re- Bush years. We have put them on with ple had to leave the area. covering Indonesia from the tsunami, more transparency. But I don’t recall at any point during and oh, yeah, we were still fighting two And I would like to say that very im- that time anyone from the Federal wars as Dr. PAUL pointed out, and we portantly, the Democratic plan begins Government coming down with a big had supplemental appropriations of $60 to address health care. It begins to ad- bag of money and saying, gee, can we billion and $80 billion during that cycle dress rising costs. It sets us on a path help you out of these tough times; can as well. And that’s why our budget def- to increased coverage for the 46 million we perhaps buy you out of this reces- icit was so high at $160 billion. who do not have medical coverage. It sion in which you find yourself. Well, we had a big hurricane last Sep- aims to improve the quality of care. No, what I recall the Federal Govern- tember, and we’ve given $12 billion to And Republicans have no real plan for ment sending me was the Resolution the good people of Galveston. That’s a addressing rising health care plans and Trust Corporation that absorbed a scandal in and of itself. health costs. And the Republican plan bunch of assets and sold them off to Well, spending money to get out of a for health care, including Medicare, is foreign holdings, and it really wasn’t recession did not work in the 1930s. It to give everyone a voucher and deregu- all that helpful. In fact, if the Federal certainly didn’t work for Japan in the late the insurance market. Government had shown up, I don’t 1990s. And I certainly don’t intend to be So I say the Democratic plan is bet- know that I would have welcomed their part of that today. ter in terms of reducing the deficit, and presence, but we got through that. We’ve heard some talk this evening it also invests in health care, energy Those dark days quickly gave way to about jobs and job creation. Well, what independence, and education and to sunshine and light and 25 years of ex- better way to continue a recession long-term goals and needs of our young pansion and growth in the North Texas than to kill job creation, and that’s ex- people and of our citizens who need to area. In fact, it is only very recently actly what this budget proposes to do compete and succeed in the global mar- where my part of North Texas has by instituting what’s going to be ket. begun to feel the effects of the reces- known as a cap-and-trade, or really, I would like to inquire as to how sion that has gripped the country for what we should honestly call a carbon much time remains on my side and the the last five quarters. tax. And what is that carbon tax going other side. Now, Ranking Member BRADY talked to do? It is going to be used to offset The Acting CHAIR. The gentlewoman about the fact that the budget deficit the expansion in health care in this has 81⁄2 minutes remaining. The gen- is going to grow by $8 trillion to $10 country. tleman from Texas has 151⁄2 minutes re- trillion over the next 3 years, and I The Acting CHAIR. The time of the maining. would just simply ask rhetorically— gentleman has expired. Mrs. MALONEY. I reserve my time. and I will not yield time but I’m going Mr. BRADY of Texas. I yield Dr. BUR- Mr. BRADY of Texas. I yield myself to ask rhetorically—at what point over GESS an additional 30 seconds to con- 30 seconds. the next 3 years during the expansion clude. The gentlelady is right. The Presi- of the deficit by $8 to $10 trillion do we Mr. BURGESS. I thank the gen- dent did inherit a $1.2 trillion deficit, begin to accept some responsibility on tleman. but he inherited it from a Democratic the other side and from the new admin- Madam Chair, it is no accident that Congress that had the purse strings for istration? Surely, at some point over the cost of expansion of health care in the past 2 years. In fact, the Demo- the next 3 years, this ceases to be a this country at $1.2 trillion estimated cratic Congress didn’t even send Presi- George Bush problem and becomes a by the Congressional Budget Office is dent Bush a budget because they want- Barack Obama problem. Surely, some- almost exactly the amount of money ed to spend more than he did. So just time over the next 3 years, this ceases that will be raised with this egregious because—I will tell you, Republicans, to become a George Bush problem and carbon tax of $1.5 trillion. If you want we didn’t do a good job with control- becomes a NANCY PELOSI problem. to kill jobs, if you want to drive jobs ling spending. When we left control, But, Madam Chair, the American overseas, tax energy. That’s a proven the deficit was about $160 billion. The people don’t want us to point fingers at way to do it, but I don’t recommend it. deficit under this budget will be 10 each other, but they do appreciate I hope when the American people times that much. And ours is bad facts, and let me share a few facts. wake up tomorrow they can turn on a enough. This is unthinkable. Here is a graphic representation of light without the feeling that when With that, I would like to yield 5 the budget deficits for the last several they turned that light on they just minutes to another member of the years prior and on into 10 years into paid for their neighbor’s health care. Joint Economic Committee and an ex- the future. The last year over which we Mr. BRADY of Texas. Madam Chair- pert in health care reform, the gen- had control over the appropriations man, I reserve the balance of my time. tleman from Texas, Dr. BURGESS. process, the budget deficit was $160 bil- Mrs. MALONEY. Madam Chairman, Mr. BURGESS. I can’t help but no- lion. It was outlandish. In fact, we lost my good friend on the other side of the tice this seems to be an all-Texas Joint the majority because we were spending aisle mentioned energy policy, talked Economic Committee on our side to- too much, and the budget deficit was about taxing energy. Well, the Demo- night. Ranking Member BRADY is very $160 billion. cratic plan makes critical investments good to allow me the time to speak in And where do we find ourselves a lit- in energy, with $1 billion more in ap- opposition to the budget resolution tle over 2 years later? As Ranking propriated funding for 2010 than the that’s on the floor this evening. Member BRADY pointed out, it’s now 10 2009 level of regular appropriations. You know, I think back to the late times that much. It is no accident that It also includes a deficit neutral re- 1980s in Texas and it was a tough, we’re having this debate at midnight serve fund for legislation to promote tough time. We had the savings and on April 2, so that the American people energy independence, spur the reduc- loan collapse, we were in the middle of maybe won’t notice what has happened tion of greenhouse gas emissions, and our own recession, energy prices col- because surely when they wake up in help businesses, industries, States, lapsed literally overnight, real estate the morning and find out that this communities, and households adjust to that collateralized loans was suddenly budget deficit has now increased 10 an economy with reduced emissions worth near zero. Loans were being times since the beginning of fiscal year levels. called. It was a true mark-to-market 2007, that they’re going to have some It provides job opportunities in the phenomenon. serious questions. new energy economy and relief for And, Madam Chair, I would also Americans. It creates green collar jobs b 0000 point out, that at this point when the to help address rising unemployment And what happened during that budget deficit was so high under Re- and keeps jobs in America, provides tax time? Well, you saw families tighten publicans at $160 billion, we put $100 incentives for renewable energy, funds their belts. You saw businesses not ex- billion right before the end of that fis- weatherization to help low-income

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.212 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4391 families save $350 per year, on average, costs, and actually, there are studies The Acting CHAIR. The gentleman on their energy bills. out there that say it will cost even will state his inquiry. But very importantly, going forward, more than that. This will also result in Mr. GOHMERT. We have been talk- we need to improve fiscal discipline the loss of at least 3 to 4 million jobs, ing about the time. When I came in, I through statutory PAYGO, pay-as-you- according to NAM, National Associa- understood the gentlelady across the go, rules, and the Democratic budget tion of Manufacturers. aisle had yielded 10 minutes of her time improves fiscal discipline by requiring So, in short, I would say to everyone to Mr. BRADY. Was there a different un- House passage of statutory pay-as-you- here tonight, because of these higher derstanding from the Chair? go rules as a condition for making cur- taxes on income and energy, the very The Acting CHAIR. The Chair under- rent policy adjustments to the baseline people we’re asking to get us out from stood the gentlewoman from New York for tax cuts and the Medicare physician under this very difficult recession, to be reserving her time and inviting payment system. Statutory PAYGO small business people are going to pay the gentleman from Texas to yield a 10 was critical to turning the budgets more. Small manufacturers that use minute block of his time. around in the 1990s, but the Republican natural gas in a very big way, they will Mr. GOHMERT. Oh, when she said Congress and the Bush administration be punished because of this. The death I’m yielding 10 minutes to my friend allowed it to expire in 2002, contrib- tax punishes them, too. It makes it from Texas, the Speaker took that to uting to the deep deficits they accumu- harder for them to pass these busi- mean I’m reserving my time? Okay. lated. nesses on to their children and to their Thank you. As one of its first acts, the 110th grandchildren. The gentlewoman from New York re- Democratic Congress instituted a This is an ill-advised budget. The in- served her time and signaled that the tough new House PAYGO rule. The res- come tax that we will see go up here, gentleman from Texas should yield his olution would reaffirm and strengthen too, will also punish many small busi- time. the commitment to pay-as-you-go by nesses because they’re organized. These Mr. GOHMERT. Oh, I see. So when providing for action on statutory Subchapter S companies, partnerships, she said I yield my friend from Texas 10 PAYGO to enforce a realistic baseline. and proprietorships, they will pay the minutes, that meant she was reserving It also is very important about over- bill. her time? All right. Thank you for the sight and accountability and enforce- So let’s think about this. This budget clarification. ment. Our budget generates valuable is ill-advised. It is not in the best inter- I did want to take up a couple of ests of the American people. I strongly savings by expanding oversight activi- things that were mentioned. First of urge that it be rejected. ties and large benefit programs, more all, my friend across the aisle had indi- Mr. BRADY of Texas. Madam Chair- aggressively pursuing fraud, and in- man, I reserve the balance of my time. cated that opponents had wanted to creasing tax compliance and enforce- Mrs. MALONEY. May I inquire on cut benefits to the middle class and re- ment activities to ensure taxpayer dol- the time, please, on both sides of the ward the wealthiest few and even held lars are spent wisely. It is a wise plan, aisle. up a chart showing the kind of deficits with wise investments. The Acting CHAIR. The gentlewoman that were run up in 2007 and 2008. And I reserve the balance of my time. from New York has 51⁄2 minutes re- this is the same kind of mantra we’ve Mr. BRADY of Texas. Madam Chair- maining, and the gentleman from been hearing and actually heard that 1 man, I yield 2 ⁄2 minutes to the distin- Texas has 7 minutes remaining. in 2005 and 2006. guished gentleman from Pennsylvania Mrs. MALONEY. Madam Chair, this And the fact is there was too much (Mr. DENT). budget, the Democratic budget, invests money being spent after President Mr. DENT. Madam Chair, I rise to- heavily in education. This budget em- Bush took office. When Republicans night to oppose the budget under con- braces the President’s goal of fur- had the White House, the House of Rep- sideration. thering investments in education for resentatives and the Senate, too much We hear a lot of talk about PAYGO, Americans from early childhood money was being spent, and that’s why but PAYGO is routinely waived here on through post-secondary education and before the Democrats took office or matters such as the recent stimulus training. Our budget provides a fiscally took the majority, there was a $160 bil- package. On a $790 billion piece of leg- responsible plan to improve American lion deficit that was run up. islation PAYGO did not apply. I think education and train a workforce that is b 0015 we need to point that out. prepared to compete and succeed in the But this budget I think is problem- global economy. It was too much money. It was too atic for a number of reasons. First, it A highly educated and skilled work- much deficit. And that’s why the imposes higher taxes on income, inforce is critical to the overall success American public said: Enough. We’re vestment in energy, and yes, the death of our economy. The benefits to invest- going to put the Democrats in charge. tax comes roaring back. The national ing in education include higher earn- We don’t want another $160 billion def- debt doubles in 5 years. The national ings, higher graduation and employ- icit. debt triples in 10 years. Let me repeat ment rates, less crime, decreased need And so what did we get in 2007 and that. The national debt will double in 5 for special education and welfare serv- 2008? We got the numbers that the jobs years and will triple in 10 years. It ices, and better health. were falling, we got a problem econ- took 43 Presidents 232 years to accumu- In 2008, the unemployment rate for omy, and the runaway spending went late $5 billion in debt. This budget gets workers with a bachelor’s degree was wilder than ever. Now, just in 2 us to $5 billion in 5 years. In short, this 2.8 percent, while the unemployment months—and I was objecting back budget spends too much, borrows too rate for workers with a high school di- then, I’m objecting louder now—be- much, and taxes too much. ploma was double at 5.7 percent. For cause now they’re going to increase On energy, users of electricity, gaso- workers with less than a high school that 10 times teams. We spent nearly line, petroleum, natural gas will all diploma, the unemployment rate was 9 $800 billion on a spendulus bill in Janu- pay more. Let me translate that. We percent. So if we want to attack unem- ary, February. Then we had another— will all pay more, the American tax- ployment, prepare our young people for they got the other $350 billion of the payer. We are going to pay more be- the future, we should invest in edu- $700 billion from last year. cause of these so-called cap-and-trade cation. That’s what this budget does. Going nuts spending money—$1 tril- or, as my colleague Mr. BURGESS from I reserve the balance of my time. lion dollars? That would pay for an en- Texas said, cap-and-tax. Well, this is Mr. BRADY of Texas. Madam Chair, I tire year of every individual taxpayer simply a carbon tax, an energy tax on yield 21⁄2 minutes to a distinguished getting back every dime they have. every American who consumes energy, gentleman from Texas (Mr. GOHMERT), So when we hear that this party— and again, that is just about every a member of the Small Business Com- these people on this side of the aisle— American I know. You know, according mittee himself. want to make benefits to the wealthi- to the CBO, we expect that this cap- PARLIAMENTARY INQUIRY est, you can look at the bill I filed. It and-trade tax will cost every household Mr. GOHMERT. Madam Chairman, was for a tax holiday to let those who at least $1,600 again in higher energy parliamentary inquiry? were paying taxes get their money

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00139 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.214 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4392 CONGRESSIONAL RECORD — HOUSE April 1, 2009 back. That’s a solution. That gets the modate legislation in these areas con- Here’s the highest deficit when the economy going. sistent with the pay-as-you-go prin- Democrats were in the House under This cap-and-tax on energy, that is ciple. Bush, $459 billion. But, oh, President going to penalize the people that are Our budget generates valuable sav- Obama, his projection is $1.2 trillion. just struggling to pay their gasoline ings by expanding oversight activities Clear winner by more than two to one. bill. And then to hammer the deduc- and large benefit programs, more ag- Then, the increase in national debt, tions for charities and mortgages, that gressively pursuing fraud and increas- $2.5 trillion, $4.9 trillion. Again, a two also hammers the people in the middle ing tax compliance and enforcement to one. class trying to get by. And it brings activities to ensure taxpayers dollars When you take a look at it, here’s home the point that this majority is are spent wisely. what it looks like. Every one of these about the GRE—government running It is a balanced and fair budget that lines going down is a deficit. Now does everything. makes investments in critical areas. anybody see something disturbing in The Acting CHAIR. The time of the I would inquire as to how much time this pattern? gentleman has expired. is remaining on both sides. Now we have heard the gentlelady Mr. BRADY of Texas. I yield the gen- The Acting CHAIR. The gentlewoman from New York is bragging about the tleman an additional 30 seconds. from New York has 1 minute remain- fact that given some time, this number Mr. GOHMERT. I have a bill that I ing. The gentleman from Texas has 4 here, the low number, is going to be filed the last Congress, I’m filing again, minutes remaining. cut in half. That doesn’t give me any that would have no increases. A level Mrs. MALONEY. I reserve the bal- sense of satisfaction at all. If I looked spending bill. No automatic increases. ance of my time. at that, I’d say, Holy smokes, I’m mov- And they’re running that up like crazy. Mr. BRADY of Texas. At this time I’d ing to some other country. These peo- The Federal Government has been like to yield 21⁄2 minutes to a gen- ple in America have been smoking too busy trying to run everybody else’s tleman on the Armed Services Com- funny cigarettes. What in the world are business, telling Detroit, telling Wall mittee, an engineer—he knows his they doing with this deficit? Street, telling the lenders, the banks numbers—the distinguished gentleman Mrs. MALONEY. I reserve the bal- what to do, that they forgot that their from Missouri (Mr. AKIN). ance of my time for a closing state- job was to provide a defense against en- Mr. AKIN. I think that it’s kind of ment. emies foreign and domestic, like interesting. People have said that Mr. BRADY of Texas. I would yield Madoff, the cheaters. We should have America is becoming a socialized Na- myself such time as I may consume. been after them. That’s the job of this tion, just like the countries over in Eu- First, let me thank the gentlelady government—not telling everybody rope, a socialized Nation. But that’s from New York, the chairman of the how to run their business. not a fair thing to say because with Joint Economic Committee, for not Mrs. MALONEY. I yield myself such this level of debt, the Europeans just the tone of tonight’s debate, but time as I may consume. wouldn’t even accept us as part of the the tone of your leadership on the Over the last 8 years, through fis- European Union. Joint Economic Committee. I truly cally reckless policies, President Bush I’ve noticed tonight that we have enjoy serving with you. squandered the Clinton-era surplus and spent more time blaming President While we’re sitting here, I got an e- left behind a legacy of debt and defi- Bush than talking about the positive mail from a constituent who asked, cits. He made a number of records, but solution of a Democrat budget. And How do you make debt go away by they were the wrong kinds of records. that’s not a good sign when we spend— spending 10 times as much? Are they Record deficit, record trade deficit, at midnight—talking about how bad trying to sell America magic beans? record debt. Bush is when we’re supposed to be de- Sounds funny, but the truth of the Over the 7 years from 2002 to 2008, bating a Democrat budget. matter is this isn’t funny times. Amer- those surpluses from the Clinton years I don’t think the Democrats are ica’s finances are on the wrong track. would accumulate to $3.2 trillion. In- proud of this budget. And if I were the We need to change that path now or we stead, under President Bush, the gov- Democrats, I wouldn’t be proud of the risk never seeing a balanced budget in ernment ran 7 straight years of budget budget either. our life time. deficits totaling $2.1 trillion. When While we’re talking about President We can’t spend, tax, and borrow our President Obama was inaugurated in Bush though, I have got some numbers way back to prosperity. The Repub- January, he inherited from President so we can just do a direct comparison lican alternative I like focuses on job Bush an estimated deficit of $1.5 tril- and just see what is the difference here. creation through small businesses; lion—the worst budget deficit in his- Just in the last couple of months— doesn’t raise taxes—it lowers them; it tory. And trillions more in deficits we’re only just finishing up March— creates incentives to hire and keep over the next 10 years. we’ve got the second half of the Wall workers; encourages private invest- Now the Democratic budget resolu- Street bailout. That’s about $350 bil- ment rather than bailout; and it starts tion begins the process of turning lion. We burned through the economic whittling down this debt so that we around the Republican budget legacy of stimulus—or the porkulus bill—$787 will see a balanced budget again. deep deficits, mounting debt, an eco- billion. Madam Chair, we are at a historic nomic decline due to the Bush adminis- Now if you were to add will of the moment in America’s history. We have tration’s reckless fiscal policy. It takes cost of the war in Iraq, all of the cost a path of bigger debt and higher taxes steps to put the budget back on a fis- of the war in Afghanistan, and add it and huge loads on our children. Or we cally sustainable path by restoring fis- altogether, it would be less than this can get back on the right path again. cal responsibility and substantially re- thing. Then you’ve got the omnibus The Republican alternative does that. ducing the deficit. deal. Hey, we’re starting to spend some We urge a ‘‘no’’ on this fiscally irre- The President set a firm goal of cut- real money. sponsible Democrat budget. Let’s work ting the budget deficit in half over 4 Let’s take a look at a comparison. If together—both parties—to get back to years, and this budget does just that. It we want to talk about Bush, we can balance the budget. The first start is takes a record $1.5 trillion deficit that blame the hurricane on him. We’ve al- the Republican alternative. President Obama and the Congress in- ready done that. It’s really bad when a I yield back the balance of my time. herited in 2009, and cuts the deficit President brings a hurricane in. Mrs. MALONEY. Madam Chair, the from $1.7 trillion in 2009 to $586 trillion Let’s talk about this annual budget policies advocated by my colleagues on in 2013. deficit. This is the average annual def- the other side of the aisle have been Our budget makes strategic invest- icit under Bush—$300 billion. We’re not tried and we are all living through the ments in health care, education, en- proud of that. But the current Presi- disastrous results. Our budget is an im- ergy independence, areas critical to a dent’s budget—this is what they’re pro- portant blueprint forgetting our econ- strong economic future. For these and posing—has got him beat two to one. omy back on path that restores con- other key priorities, it includes deficit I’m not sure I’d be proud of that num- fidence, produces growth, and puts peo- neutral reserve funds that will accom- ber. ple back to work.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00140 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.218 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4393 We make critical investments in The President’s budget shows deficits aver- sion on Wartime Contracting. My previous health care, clean energy, and edu- aging $600 billion a year even after the econ- appointee, Mr. Dean G. Popps resigned in Oc- cation that will create jobs and en- omy recovers from the recession and even tober 2008, creating a vacancy. hance our global competitiveness. We Mr. Shays has expressed interest in serving after our troops come home from Iraq. That’s in this capacity and I am pleased to fulfill will also restore fiscal responsibility not good enough. Between 2008 and 2013, his request. by cutting the deficit by nearly two- the budget will add $5.7 trillion, or $48,000 per Sincerely, thirds by 2013. household, in new government debt. The an- JOHN A. BOEHNER, A budget is fundamentally about pri- nual interest alone would equal nearly the en- Republican Leader. orities—and our priority is to strength- tire U.S. defense budget by the year 2019. f en the economy and help struggling On top of this mountain of debt, consider families regain their footing. Ameri- the unsustainable costs of paying Social Secu- LEAVE OF ABSENCE cans are optimistic by nature, and I am rity and Medicare benefits to 77 million retiring By unanimous consent, leave of ab- optimistic that the investments we Baby Boomers. sence was granted to: make now will pay off later and that Without real reform, the result is likely to be Mr. LEVIN (at the request of Mr. together we will emerge from this cur- devastating tax increases for decades to HOYER) for today. rent crisis stronger and better prepared come. Mrs. SCHMIDT (at the request of Mr. for the 21st century challenges that we These higher debt levels will accelerate an BOEHNER) for today on account of an face. increase in interest rates. Higher interest rates illness. Mr. LEWIS of California. Madam Chair, it’s will slow down the economic recovery by mak- f only fitting that we begin consideration of the ing it more expensive for businesses to invest Democrat budget resolution on April 1st. Like and more difficult for families to afford homes ADJOURNMENT April Fool’s Day itself, this budget is full of and auto loans. This isn’t economic, recovery, Mrs. DAHLKEMPER. Madam Speak- mischief and sleight of hand that will have this is economic madness. er, I move that the House do now ad- Uncle Sam dipping his fingers into your pocket To quote again from Daniel Hannan from journ. as if your wallet was his very own personal the European Parliament, ‘‘You cannot spend The motion was agreed to; accord- ATM. your way out of recession or borrow your way ingly (at 12 o’clock and 30 minutes The President’s budget request proposes out of debt.’’ a.m.), under its previous order, the huge spending increases now with only inten- Mrs. MALONEY. Madam Chair, I House adjourned until today, Thurs- tionally vague promises to make hard choices yield back the balance of my time, and day, April 2, 2009, at 9 a.m. to cut spending in the future. All of this spend- I move that the Committee do now ing is couched in the same soothing rhetoric rise. f we heard during the stimulus debate—while The motion was agreed to. EXECUTIVE COMMUNICATIONS, kicking the can down the road on many tough Accordingly, the Committee rose; ETC. decisions. and the Speaker pro tempore (Mrs. Under clause 8 of rule XII, executive As Daniel Hannan, a Member of the Euro- MALONEY) having assumed the chair, pean Parliament, said in remarks last week, communications were taken from the Mrs. DAHLKEMPER, Acting Chair of the Speaker’s table and referred as follows: ‘‘Perhaps you would have more moral author- Committee of the Whole House on the ity in this House if your actions matched your State of the Union, reported that that 1116. A letter from the Secretary, Depart- words. The truth is you have run out of our ment of Transportation, transmitting notifi- Committee, having had under consider- cation of several violations of the money.’’ ation the concurrent resolution (H. Antideficiency Act in the Department’s Mar- While the House majority portrays their Con. Res. 85) setting forth the congres- itime Administration’s Operation and Train- spending plan as a reduction from the Presi- sional budget for the United States ing Account, pursuant to 31 U.S.C. 1517(b) dent’s request, the fact is this budget resolu- Government for fiscal year 2010 and in- and 1351; to the Committee on Appropria- tion represents more spending, more taxes, cluding the appropriate budgetary lev- tions. and more debt. The only proposed cuts in this els for fiscal years 2009 and 2011 1117. A letter from the Vice Chair and First plan are within the area of national defense, through 2014, had come to no resolution Vice President, Export-Import Bank, transmitting a report on transactions involving an ill-advised course of action as our country thereon. continues to engage in the Global War on Ter- U.S. exports to Mexico pursuant to Section f 2(b)(3) of the Export-Import Bank Act of 1945, ror. as amended; to the Committee on Financial Since Democrats assumed control of Con- GENERAL LEAVE Services. gress, they have proposed increases of at Mrs. DAHLKEMPER. Madam Speak- 1118. A letter from the Vice Chair and First least nine percent each year for non-defense er, I ask unanimous consent that all Vice President, Export-Import Bank, trans- discretionary programs. For next year, they mitting a report on transactions involving Members may have 5 legislative days propose yet another 11 percent increase and U.S. exports to Mexico pursuant to Section in which to revise and extend their re- a 27 percent boost over the next five years. 2(b)(3) of the Export-Import Bank Act of 1945, marks and include extraneous material The proposed surge of federal spending as amended; to the Committee on Financial on H.R. 1256. Services. represents the largest non-war government The SPEAKER pro tempore. Is there 1119. A letter from the Acting Chair, Occu- expansion since the New Deal. Domestic dis- objection to the request of the gentle- pational Safety and Health Review Commis- cretionary spending—including the spending in woman from Pennsylvania? sion, transmitting the Commission’s report the stimulus package—has been hiked over There was no objection. on the amount of acquisitions made by the 80 percent since just last year. As a result, agency from entities that manufacture arti- Washington will run a budget deficit of 12.3 f cles, materials, and supplies outside of the percent of GDP, by far the largest since World United States for Fiscal Year 2008, pursuant COMMUNICATION FROM THE to Public Law 109-115, section 837; to the War II. REPUBLICAN LEADER Some in the majority will justify this out-of- Committee on Education and Labor. 1120. A letter from the Deputy Chief control spending as a necessary, temporary The SPEAKER pro tempore laid before the House the following commu- Human Capital Officer and Director for response to a recession. But there’s nothing Human Resources Management, Department temporary about it. After harshly criticizing nication from the Honorable JOHN A. of Commerce, transmitting notification that budget deficits under President Bush—which BOEHNER, Republican Leader: the Department continues to utilize hiring averaged $300 billion annually—President HOUSE OF REPRESENTATIVES, flexibilities such as category rating, in addi- Obama has proposed a budget that would run Washington, DC, April 1, 2009. tion to traditional rating, in order to in- deficits through the roof for a generation or Hon. NANCY PELOSI, crease its opportunity to select the best more. Speaker, U.S. Capitol, qualified candidates in support of Human Washington, DC Capital strategies and succession planning; Three expected developments—the end of DEAR SPEAKER PELOSI: Pursuant to Section to the Committee on Oversight and Govern- the recession, the withdrawal of troops from 841(b) of the National Defense Authorization ment Reform. Iraq, and the phase-out of temporary stimulus Act for Fiscal Year 2008 (P.L. 101–181), I am 1121. A letter from the White House Liai- spending—would by themselves cut the deficit pleased to appoint The Honorable Chris- son, Department of Education, Office for in half by 2013. topher Shays of Connecticut, to the Commis- Civil Rights, transmitting a report pursuant

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00141 Fmt 7634 Sfmt 0634 E:\CR\FM\K01AP7.220 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4394 CONGRESSIONAL RECORD — HOUSE April 1, 2009 to the Federal Vacancies Reform Act of 1998; Federal Vacancies Reform Act of 1998; to the 1149. A letter from the Department of to the Committee on Oversight and Govern- Committee on Oversight and Government Transportation—National Highway Traffic ment Reform. Reform. Safety Administration, transmitting a re- 1122. A letter from the White House Liai- 1136. A letter from the Deputy Chief port pursuant to the Federal Vacancies Re- son, Department of Education, Office of Human Capital Officer, Department of En- form Act of 1998; to the Committee on Over- Communications and Outreach, transmitting ergy, Office of Assistant Secretary for En- sight and Government Reform. a report pursuant to the Federal Vacancies ergy Efficiency & Renewable Energy, trans- 1150. A letter from the Department of Reform Act of 1998; to the Committee on mitting a report pursuant to the Federal Va- Transportation—Office of the Secretary, Oversight and Government Reform. cancies Reform Act of 1998; to the Com- transmitting a report pursuant to the Fed- 1123. A letter from the White House Liai- mittee on Oversight and Government Re- eral Vacancies Reform Act of 1998; to the son, Department of Education, Office of Ele- form. Committee on Oversight and Government mentary and Secondary Education, trans- 1137. A letter from the Deputy Chief Reform. mitting a report pursuant to the Federal Va- Human Capital Officer, Department of En- 1151. A letter from the Department of cancies Reform Act of 1998; to the Com- ergy, Office of Assistant Secretary for En- Transportation—Office of the Secretary, mittee on Oversight and Government Re- ergy Efficiency & Renewable Energy, trans- transmitting a report pursuant to the Fed- form. mitting a report pursuant to the Federal Va- eral Vacancies Reform Act of 1998; to the 1124. A letter from the White House Liai- cancies Reform Act of 1998; to the Com- Committee on Oversight and Government son, Department of Education, Office of In- mittee on Oversight and Government Re- Reform. spector General, transmitting a report pur- form. 1152. A letter from the Department of suant to the Federal Vacancies Reform Act 1138. A letter from the Deputy Chief Transportation—Office of the Secretary, of 1998; to the Committee on Oversight and Human Capital Officer, Department of En- transmitting a report pursuant to the Fed- Government Reform. ergy, Office of the General Counsel, trans- eral Vacancies Reform Act of 1998; to the 1125. A letter from the White House Liai- mitting a report pursuant to the Federal Va- Committee on Oversight and Government son, Department of Education, Office of In- cancies Reform Act of 1998; to the Com- Reform. spector General, transmitting a report pur- mittee on Oversight and Government Re- 1153. A letter from the Department of suant to the Federal Vacancies Reform Act form. Transportation—Office of the Secretary, of 1998; to the Committee on Oversight and 1139. A letter from the Deputy Chief transmitting a report pursuant to the Fed- Government Reform. Human Capital Officer, Department of En- eral Vacancies Reform Act of 1998; to the 1126. A letter from the White House Liai- ergy, Office of the General Counsel, trans- Committee on Oversight and Government son, Department of Education, Office of mitting a report pursuant to the Federal Va- Reform. Management, transmitting a report pursuant cancies Reform Act of 1998; to the Com- 1154. A letter from the Department of to the Federal Vacancies Reform Act of 1998; mittee on Oversight and Government Re- Transportation—Office of the Secretary, to the Committee on Oversight and Govern- form. transmitting a report pursuant to the Fed- ment Reform. 1140. A letter from the Deputy Chief eral Vacancies Reform Act of 1998; to the 1127. A letter from the White House Liai- Human Capital Officer, Department of En- Committee on Oversight and Government son, Department of Education, Office of ergy, Under Secretary for Science, transmit- Reform. Planning, Evaluation and Policy Develop- ting a report pursuant to the Federal Vacan- 1155. A letter from the Department of ment, transmitting a report pursuant to the cies Reform Act of 1998; to the Committee on Transportation—Pipelines and Hazardous Federal Vacancies Reform Act of 1998; to the Oversight and Government Reform. Materials Safety Administration, transmit- Committee on Oversight and Government 1141. A letter from the Acting Assoc. Gen. ting a report pursuant to the Federal Vacan- Reform. Counsel for General Law, Department of cies Reform Act of 1998; to the Committee on 1128. A letter from the White House Liai- Homeland Security, Customs and Border Oversight and Government Reform. son, Department of Education, Office of Protection, transmitting a report pursuant 1156. A letter from the Director, Adminis- Postsecondary Education, transmitting a re- to the Federal Vacancies Reform Act of 1998; trative Office of the United States Courts, port pursuant to the Federal Vacancies Re- to the Committee on Oversight and Govern- transmitting the Office’s report entitled, form Act of 1998; to the Committee on Over- ment Reform. ‘‘2008 Annual Report of the Director of the sight and Government Reform. 1142. A letter from the Department of Administrative Office of the U.S. Courts,’’ 1129. A letter from the White House Liai- Transportation—Federal Aviation Adminis- pursuant to 28 U.S.C. 604(a)(4); to the Com- son, Department of Education, Office of Spe- tration, transmitting a report pursuant to mittee on the Judiciary. cial Education and Rehabilitative Services, the Federal Vacancies Reform Act of 1998; to 1157. A letter from the Paralegal Spe- transmitting a report pursuant to the Fed- the Committee on Oversight and Govern- cialist, Department of Transportation, trans- eral Vacancies Reform Act of 1998; to the ment Reform. mitting the Department’s final rule — Air- Committee on Oversight and Government 1143. A letter from the Department of worthiness Directives; McDonnell Douglas Reform. Transportation—Federal Aviation Adminis- Model DC-9-14, DC-9-15, and DC-9-15F Air- 1130. A letter from the White House Liai- tration, transmitting a report pursuant to planes; and Model DC-9-20, DC-9-30, DC-9-40, son, Department of Education, Office of Vo- the Federal Vacancies Reform Act of 1998; to and DC-9-50 Series Airplanes [Docket No. cational and Adult Education, transmitting the Committee on Oversight and Govern- FAA-2008-0736; Directorate Identifier 2008- a report pursuant to the Federal Vacancies ment Reform. NM-102-AD; Amendment 39-15804; AD 2009-03- Reform Act of 1998; to the Committee on 1144. A letter from the Department of 03] (RIN: 2120-AA64) received March 27, 2009, Oversight and Government Reform. Transportation—Federal Highway Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1131. A letter from the White House Liai- tration, transmitting a report pursuant to mittee on Transportation and Infrastruc- son, Department of Education, Office of the the Federal Vacancies Reform Act of 1998; to ture. Deputy Secretary, transmitting a report pur- the Committee on Oversight and Govern- 1158. A letter from the Program Analyst, suant to the Federal Vacancies Reform Act ment Reform. Department of Transportation, transmitting of 1998; to the Committee on Oversight and 1145. A letter from the Department of the Department’s final rule — Change of Government Reform. Transportation—Federal Motor Carrier Safe- Using Agency for Restricted Area 6320; 1132. A letter from the White House Liai- ty Administration, transmitting a report Matagorda, TX [Docket No. FAA-2009-0108; son, Department of Education, Office of the pursuant to the Federal Vacancies Reform Airspace Docket No. 08-ASW-8] (RIN: 2120- General Counsel, transmitting a report pur- Act of 1998; to the Committee on Oversight AA66) received March 27, 2009, pursuant to 5 suant to the Federal Vacancies Reform Act and Government Reform. U.S.C. 801(a)(1)(A); to the Committee on of 1998; to the Committee on Oversight and 1146. A letter from the Department of Transportation and Infrastructure. Government Reform. Transportation—Federal Railroad Adminis- 1159. A letter from the Program Analyst, 1133. A letter from the White House Liai- tration, transmitting a report pursuant to Department of Transportation, transmitting son, Department of Education, Office of the the Federal Vacancies Reform Act of 1998; to the Department’s final rule — Modification Secretary, transmitting a report pursuant to the Committee on Oversight and Govern- of Class D and E Airspace; Removal of Class the Federal Vacancies Reform Act of 1998; to ment Reform. E Airspace; Aguadilla, PR [Docket No. FAA- the Committee on Oversight and Govern- 1147. A letter from the Department of 2009-0053; Airspace Docket No. 09-ASO-11] re- ment Reform. Transportation—Federal Transit Adminis- ceived March 27, 2009, pursuant to 5 U.S.C. 1134. A letter from the Deputy Chief tration, transmitting a report pursuant to 801(a)(1)(A); to the Committee on Transpor- Human Capital Officer, Department of En- the Federal Vacancies Reform Act of 1998; to tation and Infrastructure. ergy, transmitting a report pursuant to the the Committee on Oversight and Govern- 1160. A letter from the Paralegal Spe- Federal Vacancies Reform Act of 1998; to the ment Reform. cialist, Department of Transportation, trans- Committee on Oversight and Government 1148. A letter from the Department of mitting the Department’s final rule — Air- Reform. Transportation—Maritime Administration, worthiness Directives; Dornier Model 328-300 1135. A letter from the Deputy Chief transmitting a report pursuant to the Fed- Airplanes [Docket No. FAA-2008-0857; Direc- Human Capital Officer, Department of En- eral Vacancies Reform Act of 1998; to the torate Identifier 2007-NM-317-AD; Amend- ergy, National Nuclear Security Administra- Committee on Oversight and Government ment 39-15785; AD 2009-01-06] (RIN: 2120-AA64) tion, transmitting a report pursuant to the Reform. received March 27, 2009, pursuant to 5 U.S.C.

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00142 Fmt 7634 Sfmt 0634 E:\CR\FM\L01AP7.000 H01APPT1 wwoods2 on PRODPC68 with HOUSE April 1, 2009 CONGRESSIONAL RECORD — HOUSE H4395 801(a)(1)(A); to the Committee on Transpor- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the for printing and reference to the proper tation and Infrastructure. Committee on Transportation and Infra- calendar, as follows: 1161. A letter from the Paralegal Spe- structure. Mr. MCGOVERN: Committee on Rules. cialist, Department of Transportation, trans- 1169. A letter from the Paralegal Spe- House Resolution 316. Resolution providing cialist, Department of Transportation, transmitting the Department’s final rule — Air- for further consideration of the concurrent mitting the Department’s final rule — worthiness Directives; Avidyne Corporation resolution (H. Con. Res. 85) setting forth the Amendment of Class E Airspace; Sioux City, Primary Flight Displays (Part Numbers 700- congressional budget for the United States IA [Docket No. FAA-2008-1104; Airspace 00006-000, -001, -002, -003, and -100) [Docket No. Government for fiscal year 2010 and includ- Docket No. 08-ACE-2] received March 27, 2009, FAA-2008-1210; Directorate Identifier 2008- ing the appropriate budgetary levels for fis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- CE-047-AD; Amendment 39-15829; AD 2009-05- cal years 2009 and 2011 through 2014 (Rept. mittee on Transportation and Infrastruc- 05] (RIN: 2120-AA64) received March 27, 2009, 111–73). Referred to the House Calendar. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. mittee on Transportation and Infrastruc- 1170. A letter from the Secretary, Depart- f ture. ment of Transportation, transmitting the PUBLIC BILLS AND RESOLUTIONS 1162. A letter from the Paralegal Spe- Department’s report of obligations and unob- cialist, Department of Transportation, trans- ligated balances of funds provided for Fed- Under clause 2 of rule XII, public mitting the Department’s final rule — Air- eral-aid highway and safety construction bills and resolutions of the following worthiness Directives; Boeing Model 727 Air- programs for fiscal year 2006 as of September titles were introduced and severally re- planes [Docket No. FAA-2008-1065; Direc- 30, 2006, pursuant to 23 U.S.C. 104(j); to the ferred, as follows: torate Identifier 2008-NM-126-AD; Amend- Committee on Transportation and Infra- structure. By Mr. FRANKS of Arizona (for him- ment 39-15827; AD 2009-05-03] (RIN: 2120-AA64) 1171. A letter from the Secretary, Depart- self, Mr. BURTON of Indiana, Mr. received March 27, 2009, pursuant to 5 U.S.C. ment of Transportation, transmitting the BROUN of Georgia, Mr. LAMBORN, Mr. 801(a)(1)(A); to the Committee on Transpor- Department’s report of obligations and unob- KLINE of Minnesota, Mr. DANIEL E. tation and Infrastructure. ligated balances of funds provided for Fed- LUNGREN of California, Mr. KING of 1163. A letter from the Paralegal Spe- eral-aid highway and safety construction Iowa, Mr. BISHOP of Utah, Mr. CAMP- cialist, Department of Transportation, trans- programs for fiscal year 2007 as of September BELL, Mr. BLUNT, Mr. GERLACH, Mr. mitting the Department’s final rule — Air- 30, 2007, pursuant to 23 U.S.C. 104(j); to the SOUDER, Mr. HENSARLING, Mr. COLE, worthiness Directives; Boeing Model 747-100, Committee on Transportation and Infra- Mr. HOEKSTRA, Mrs. BACHMANN, and 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- structure. Mr. PITTS): 200F, 747-300, 747-400, 747-400D, 747-400F, 1172. A letter from the Program Analyst, H.R. 1833. A bill to amend the Internal Rev- 747SR, and 747SP Series Airplanes [Docket Department of Transportation, transmitting enue Code of 1986 to provide for a credit No. FAA-2008-0731; Directorate Identifier the Department’s final rule — Modification which is dependent on enactment of State 2008-NM-058-AD; Amendment 39-15812; AD of Class D Airspace; MacDill AFB, FL [Dock- qualified scholarship tax credits and which is 2009-04-06] (RIN: 2120-AA64) received March et No. FAA-2008-0983; Airspace Docket No. 08- allowed against the Federal income tax for 27, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to ASO-14] received March 27, 2009, pursuant to charitable contributions to education invest- the Committee on Transportation and Infra- 5 U.S.C. 801(a)(1)(A); to the Committee on ment organizations that provide assistance structure. Transportation and Infrastructure. for elementary and secondary education; to 1164. A letter from the Program Analyst, 1173. A letter from the Paralegal Spe- the Committee on Ways and Means. Department of Transportation, transmitting cialist, Department of Transportation, trans- By Mrs. KIRKPATRICK of Arizona: the Department’s final rule — Airworthiness mitting the Department’s final rule — Estab- H.R. 1834. A bill to amend the Small Busi- Directives; BAE Systems (Operations) Lim- lishment of Class E Airspace; Umiat, AK ness Act to expand and improve the assist- ited Model BAe 146 and Avro 146-RJ Air- [Docket No. FAA-2008-0455; Airspace Docket ance provided to Indian tribe members, Alas- planes [Docket No. FAA-2008-1141; Direc- No. 08-AAL-14] received March 27, 2009, pur- ka Natives, and Native Hawaiians, and for torate Identifier 2008-NM-025-AD; Amend- suant to 5 U.S.C. 801(a)(1)(A); to the Com- other purposes; to the Committee on Small ment 39-15799; AD 2009-02-09] (RIN: 2120-AA64) mittee on Transportation and Infrastruc- Business. received March 27, 2009, pursuant to 5 U.S.C. ture. By Mr. BOREN (for himself, Mr. 801(a)(1)(A); to the Committee on Transpor- 1174. A letter from the Attorney Advisor, LARSON of Connecticut, Mr. SUL- tation and Infrastructure. Department of Transportation, transmitting LIVAN, Mr. ABERCROMBIE, Mr. BISHOP 1165. A letter from the Paralegal Spe- the Department’s final rule — Environ- of Georgia, Mr. BURGESS, Mr. cialist, Department of Transportation, trans- mental Impact and Related Procedures CONAWAY, Mr. KAGEN, Mr. MCMAHON, mitting the Department’s final rule — Air- [Docket No. FTA-2006-26604] (RIN: 2132-AA87) Ms. MARKEY of Colorado, Mr. MILLER worthiness Directives; Fokker F.28 Mark received March 27, 2009, pursuant to 5 U.S.C. of Florida, Mr. MINNICK, Mr. TEAGUE, 0700 and 0100 Airplanes [Docket No. FAA- 801(a)(1)(A); to the Committee on Transpor- and Mr. THOMPSON of California): 2008-1119; Directorate Identifier 2008-NM-112- tation and Infrastructure. H.R. 1835. A bill to amend the Internal Rev- AD; Amendment 39-15800; AD 2009-02-10] (RIN: 1175. A letter from the Paralegal Spe- enue Code of 1986 to encourage alternative 2120-AA64) received March 27, 2009, pursuant cialist, Department of Transportation, trans- energy investments and job creation; to the to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Committee on Ways and Means, and in addi- Transportation and Infrastructure. Amendment of Class E Airspace; Guam Is- tion to the Committees on Oversight and 1166. A letter from the Paralegal Spe- land, GU, and Saipan Island, CQ [Docket No. Government Reform, and Science and Tech- cialist, Department of Transportation, trans- FAA-2008-0897; Airspace Docket No. 08-AWP- nology, for a period to be subsequently deter- mitting the Department’s final rule — Air- 9] (RIN: 2120-AA66) received March 27, 2009, mined by the Speaker, in each case for con- worthiness Directives; Bombardier Model pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sideration of such provisions as fall within the jurisdiction of the committee concerned. CL-600-2C10 (Regional Jet Series 700, 701 & mittee on Transportation and Infrastruc- By Mr. MINNICK (for himself and Mr. 702) Airplanes and Model CL-600-2D24 (Re- ture. SCHOCK): gional Jet Series 900) Airplanes [Docket No. 1176. A letter from the Paralegal Spe- cialist, Department of Transportation, trans- H.R. 1836. A bill to amend the Internal Rev- FAA-2008-1115; Directorate Identifier 2008- enue Code of 1986 to provide a payroll tax NM-134-AD; Amendment 39-15801; AD 2009-02- mitting the Department’s final rule — Revi- sion of Class D and E Airspace; King Salmon, holiday for small businesses; to the Com- 11] (RIN: 2120-AA64) received March 27, 2009, mittee on Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AK [Docket No. FAA-2008-1162; Airspace By Mr. ENGEL (for himself, Mr. BUR- mittee on Transportation and Infrastruc- Docket No. 08-AAL-33] received March 27, TON of Indiana, Mr. BERMAN, and Mr. ture. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- WEXLER): 1167. A letter from the Paralegal Spe- H.R. 1837. A bill to amend the Andean cialist, Department of Transportation, trans- structure. 1177. A letter from the Assistant Secretary, Trade Preference Act to add Paraguay to the mitting the Department’s final rule — Department of Homeland Security, transmit- list of countries that are eligible to be des- Amendment of Class D Airspace; Anderson ting the Department’s report entitled, ignated as beneficiary countries and AFB, GU; Guam International Airport, GU; ‘‘United States Department of Homeland Se- ATPDEA beneficiary countries; to the Com- and Saipan International Airports, CQ curity Other Transaction Authority Report mittee on Ways and Means. [Docket No. FAA-2008-0861; Airspace Docket to Congress Fiscal Year 2008,’’ pursuant to By Ms. FALLIN (for herself, Ms. No. 08-AWP-8] (RIN: 2120-AA66) received Public Law 107-296, section 831(a)(1), as CLARKE, and Mrs. MCMORRIS ROD- March 27, 2009, pursuant to 5 U.S.C. amended; to the Committee on Homeland Se- GERS): 801(a)(1)(A); to the Committee on Transpor- curity. H.R. 1838. A bill to amend the Small Busi- tation and Infrastructure. ness Act to modify certain provisions relat- 1168. A letter from the Paralegal Spe- f ing to women’s business centers, and for cialist, Department of Transportation, trans- REPORTS OF COMMITTEES ON other purposes; to the Committee on Small mitting the Department’s final rule — PUBLIC BILLS AND RESOLUTIONS Business. Amendment of Class E Airspace; Milwaukee, By Mr. BUCHANAN: WI [Docket No. FAA-2008-1291; Airspace Under clause 2 of rule XIII, reports of H.R. 1839. A bill to amend the Small Busi- Docket No. 08-AGL-20] received March 27, committees were delivered to the Clerk ness Act to improve SCORE, and for other

VerDate Nov 24 2008 05:39 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00143 Fmt 7634 Sfmt 0634 E:\CR\FM\L01AP7.000 H01APPT1 wwoods2 on PRODPC68 with HOUSE H4396 CONGRESSIONAL RECORD — HOUSE April 1, 2009 purposes; to the Committee on Small Busi- H.R. 1848. A bill to provide funding for the on the allowance of capital losses of tax- ness. Neighborhood Reinvestment Corporation for payers other than corporations; to the Com- By Mr. CAMP (for himself and Mr. mortgage foreclosure mitigation activities; mittee on Ways and Means. RANGEL): to the Committee on Appropriations. By Ms. MARKEY of Colorado: H.R. 1840. A bill to ensure States receive By Mr. CLEAVER (for himself, Mr. H.R. 1858. A bill to provide for a boundary adoption incentive payments for fiscal year AKIN, Mr. BLUNT, Mr. CARNAHAN, Mr. adjustment and land conveyances involving 2008 in accordance with the Fostering Con- CLAY, Mrs. EMERSON, Mr. GRAVES, Roosevelt National Forest, Colorado, to cor- nections to Success and Increasing Adop- Mr. LUETKEMEYER, and Mr. SKELTON): rect the effects of an erroneous land survey tions Act of 2008; to the Committee on Ways H.R. 1849. A bill to designate the Liberty that resulted in approximately 7 acres of the and Means. Memorial at the National World War I Mu- Crystal Lakes Subdivision, Ninth Filing, en- By Mr. MCHUGH: seum in Kansas City, Missouri, as the Na- croaching on National Forest System land, H.R. 1841. A bill to amend the Clean Air tional World War I Memorial, to establish and for other purposes; to the Committee on Act to reduce sulfur dioxide, nitrogen oxide, the World War I centennial commission to Natural Resources. and mercury emissions, and for other pur- ensure a suitable observance of the centen- By Mr. PALLONE (for himself, Mr. poses; to the Committee on Energy and Com- nial of World War I, and for other purposes; WAXMAN, Mr. RANGEL, and Mr. merce, and in addition to the Committees on to the Committee on Oversight and Govern- STARK): Natural Resources, Science and Technology, ment Reform, and in addition to the Com- H.R. 1859. A bill to amend the Public and Agriculture, for a period to be subse- mittee on Natural Resources, for a period to Health Service Act to provide grants or con- quently determined by the Speaker, in each be subsequently determined by the Speaker, tracts for prescription drug education and case for consideration of such provisions as in each case for consideration of such provi- outreach for healthcare providers and their fall within the jurisdiction of the committee sions as fall within the jurisdiction of the patients; to the Committee on Energy and concerned. committee concerned. Commerce. By Mr. LUETKEMEYER: By Ms. DEGETTE (for herself and Mr. By Mr. SALAZAR (for himself and Mr. H.R. 1842. A bill to amend the Small Busi- PLATTS): COFFMAN of Colorado): ness Act to improve the Small Business Ad- H.R. 1850. A bill to amend titles V, XVIII, H.R. 1860. A bill to provide certain counties ministration’s entrepreneurial development and XIX of the Social Security Act to pro- with the ability to receive television broad- programs, and for other purposes; to the mote tobacco use cessation under the Medi- cast signals of their choice; to the Com- Committee on Small Business. care Program, the Medicaid Program, and mittee on the Judiciary, and in addition to By Mr. CONYERS (for himself, Mr. the maternal and child health program; to the Committee on Energy and Commerce, for NADLER of New York, Mr. SCOTT of the Committee on Energy and Commerce, a period to be subsequently determined by Virginia, Ms. WATERS, Mr. CLEAVER, and in addition to the Committee on Ways the Speaker, in each case for consideration Ms. LEE of California, Mr. GRIJALVA, and Means, for a period to be subsequently of such provisions as fall within the jurisdic- and Ms. JACKSON-LEE of Texas): determined by the Speaker, in each case for tion of the committee concerned. H.R. 1843. A bill to provide a mechanism consideration of such provisions as fall with- By Mr. SCHIFF (for himself and Mr. for a determination on the merits of the in the jurisdiction of the committee con- PENCE): claims brought by survivors and descendants cerned. H.R. 1861. A bill to highlight and promote of the victims of the Tulsa, Oklahoma, Race By Mr. FLAKE: freedom of the press worldwide; to the Com- Riot of 1921 but who were denied that deter- H. Res. 312. A resolution raising a question mittee on Foreign Affairs. mination; to the Committee on the Judici- of the privileges of the House. By Mr. VAN HOLLEN (for himself, Mr. ary. By Ms. HERSETH SANDLIN (for her- THOMPSON of California, Mr. By Mrs. CAPPS (for herself and Mr. self and Mr. DONNELLY of Indiana): BLUMENAUER, and Mr. DOGGETT): BOUSTANY): H.R. 1851. A bill to amend title 10, United H.R. 1862. A bill to cap the emissions of H.R. 1844. A bill to amend title XVIII of the States Code, to require that certain members greenhouse gases through a requirement to Social Security Act to provide for coverage of the Armed Forces receive employment as- purchase carbon permits, to distribute the of comprehensive cancer care planning under sistance, job training assistance, and other proceeds of such purchases to eligible indi- the Medicare Program and to improve the transitional services provided by the Sec- viduals, and for other purposes; to the Com- care furnished to individuals diagnosed with retary of Labor before separating from ac- mittee on Ways and Means, and in addition cancer by establishing a Medicare hospice tive duty service; to the Committee on to the Committee on Energy and Commerce, care demonstration program and grants pro- Armed Services. for a period to be subsequently determined grams for cancer palliative care and symp- By Mr. KILDEE: by the Speaker, in each case for consider- tom management programs, provider edu- H.R. 1852. A bill to designate the facility of ation of such provisions as fall within the ju- cation, and related research; to the Com- the United States Postal Service located at risdiction of the committee concerned. mittee on Energy and Commerce, and in ad- 4282 Beach Street in Akron, Ohio, as the By Mr. WEXLER: dition to the Committee on Ways and Means, ‘‘Akron Veterans Memorial Post Office’’; to H.R. 1863. A bill to amend the Internal Rev- for a period to be subsequently determined the Committee on Oversight and Govern- enue Code of 1986 to impose a tax on the by the Speaker, in each case for consider- ment Reform. amount of wages in excess of the contribu- ation of such provisions as fall within the ju- By Mrs. KIRKPATRICK of Arizona: tion and benefit base, and for other purposes; risdiction of the committee concerned. H.R. 1853. A bill to clarify the jurisdiction to the Committee on Ways and Means. By Mr. SCHOCK: of the Secretary of the Interior with respect By Mr. WILSON of South Carolina (for H.R. 1845. A bill to amend the Small Busi- to the C.C. Cragin Dam and Reservoir, and himself, Mr. BOEHNER, Mr. CANTOR, ness Act to modernize Small Business Devel- for other purposes; to the Committee on Nat- Mr. MCHUGH, Mr. ADLER of New Jer- opment Centers, and for other purposes; to ural Resources. sey, Mr. BILIRAKIS, Mr. LOBIONDO, the Committee on Small Business. By Mr. LEWIS of California: Mr. JOHNSON of Illinois, Mr. ROONEY, By Mr. BACA (for himself and Mrs. H.R. 1854. A bill to amend the Water Re- Mr. MILLER of Florida, Mr. NYE, Mr. SCHMIDT): sources Development Act of 1992 to modify FLEMING, Mr. PASTOR of Arizona, Mr. H.R. 1846. A bill to amend the Truth in an environmental infrastructure project for RODRIGUEZ, Mr. BARTLETT, Ms. GINNY Lending Act to establish additional payday Big Bear Lake, California; to the Committee BROWN-WAITE of Florida, Mr. JONES, loan disclosure requirements and preempt on Transportation and Infrastructure. Mr. OLSON, Mr. CONAWAY, Mr. certain State laws, and for other purposes; to By Mr. LOEBSACK (for himself and LAMBORN, Mr. CHAFFETZ, Mr. AKIN, the Committee on Financial Services. Mr. PLATTS): Ms. ROS-LEHTINEN, Mr. SHADEGG, Mr. By Mrs. CAPITO (for herself and Mr. H.R. 1855. A bill to promote industry MASSA, Mr. KLINE of Minnesota, Mr. SHIMKUS): growth and competitiveness and to improve SHUSTER, Mr. FRANKS of Arizona, Mr. H.R. 1847. A bill to require the inclusion of worker training, retention, and advance- HARPER, Ms. FALLIN, Mr. HUNTER, coal-derived fuel at certain volumes in avia- ment, and for other purposes; to the Com- Mr. ROGERS of Michigan, Mr. tion fuel, motor vehicle fuel, home heating mittee on Education and Labor, and in addi- LUETKEMEYER, Mr. DAVIS of Ken- oil, and boiler fuel; to the Committee on En- tion to the Committees on Ways and Means, tucky, Mr. FORBES, Mr. REICHERT, ergy and Commerce. and the Judiciary, for a period to be subse- Mr. WITTMAN, Mr. BROUN of Georgia, By Ms. CLARKE (for herself, Mr. MIL- quently determined by the Speaker, in each Mr. HELLER, Mrs. BLACKBURN, Mrs. LER of North Carolina, Ms. CORRINE case for consideration of such provisions as MCMORRIS RODGERS, Mrs. BIGGERT, BROWN of Florida, Mr. COHEN, Mr. fall within the jurisdiction of the committee and Mr. PRICE of Georgia): DAVIS of Illinois, Ms. FUDGE, Mr. concerned. H.R. 1864. A bill to provide a pay increase GRIJALVA, Mr. HASTINGS of Florida, By Mr. LYNCH: of 3.4 percent for members of the uniformed Mr. HINCHEY, Ms. JACKSON-LEE of H.R. 1856. A bill to reauthorize the Finan- services for fiscal year 2010; to the Com- Texas, Ms. EDDIE BERNICE JOHNSON of cial Crimes Enforcement Network; to the mittee on Armed Services. Texas, Ms. KILPATRICK of Michigan, Committee on Financial Services. By Mr. KING of New York (for himself Ms. KILROY, Mr. MCNERNEY, Ms. NOR- By Mr. MARCHANT: and Mr. JACKSON of Illinois): TON, Mr. SCOTT of Virginia, and Mr. H.R. 1857. A bill to amend the Internal Rev- H. Con. Res. 91. Concurrent resolution ex- TOWNS): enue Code of 1986 to increase the limitation pressing the sense of Congress that the

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President should grant a posthumous pardon KAPTUR, Mrs. CAPPS, Mr. PUTNAM, Mr. H.R. 1233: Mr. TIAHRT. to John Arthur ‘‘Jack’’ Johnson for the 1913 FATTAH, Mr. HOLT, and Mr. GEORGE MILLER H.R. 1243: Mr. ADLER of New Jersey, Mr. racially motivated conviction of Johnson, of California. ALEXANDER, Mr. ALTMIRE, Mr. BAIRD, Ms. which diminished his athletic, cultural, and H.R. 52: Mr. CARNAHAN and Mr. PIERLUISI. BALDWIN, Mr. BARROW, Ms. BEAN, Mr. BER- historic significance, and tarnished his rep- H.R. 118: Mr. PASCRELL. MAN, Mr. BERRY, Mrs. BIGGERT, Mr. BILBRAY, utation; to the Committee on the Judiciary. H.R. 240: Mr. ISSA, Mr. MCCOTTER, Mr. BAR- Mr. BILIRAKIS, Mr. BISHOP of New York, Mr. By Mr. ENGEL (for himself, Ms. BALD- RETT of South Carolina, and Mr. BROUN of BOREN, Mr. BOSWELL, Mr. BOUSTANY, Mr. WIN, Ms. ROS-LEHTINEN, Mr. FRANK of Georgia. BRADY of Texas, Mr. BRIGHT, Ms. CORRINE Massachusetts, Mr. BERMAN, Ms. H.R. 270: Mr. FILNER and Mr. TANNER. BROWN of Florida, Mr. CAMP, Mr. CARSON of BERKLEY, Mrs. CAPPS, Mr. FARR, Mr. H.R. 272: Mr. CARNEY. Indiana, Mr. COBLE, Mr. COHEN, Mr. CROW- FILNER, Mr. GUTIERREZ, Mr. HOLT, H.R. 275: Mr. ROHRABACHER and Mr. PAUL. LEY, Mr. DAVIS of Kentucky, Mr. DICKS, Mr. Mr. LEWIS of Georgia, Mrs. LOWEY, H.R. 327: Mr. PUTNAM, Mr. KLEIN of Flor- DOGGETT, Mr. DREIER, Ms. EDWARDS of Mary- land, Mr. ELLSWORTH, Mr. ETHERIDGE, Mr. Mr. MCDERMOTT, Mr. MCGOVERN, Mr. ida, Ms. CORRINE BROWN of Florida, and Mr. FILNER, Mr. GORDON of Tennessee, Mr. GRAY- NADLER of New York, Ms. NORTON, GRAYSON. SON, Mr. GRIFFITH, Mr. HELLER, Mr. HILL, Mr. PALLONE, Mr. POLIS of Colorado, H.R. 345: Mr. ROSS and Mr. BARTLETT. Mr. HINCHEY, Mr. HODES, Mr. HOLT, Mr. Ms. WOOLSEY, Mr. HARE, Ms. H.R. 346: Mr. BURGESS. H.R. 406: Mr. DRIEHAUS. HOYER, Mr. INSLEE, Mr. ISRAEL, Mr. JACKSON WASSERMAN SCHULTZ, Ms. LEE of H.R. 422: Mr. GRAYSON, Mr. GALLEGLY, Mr. of Illinois, Ms. JACKSON-LEE of Texas, Mr. California, Mr. HONDA, Mr. GRIJALVA, DAVIS of Kentucky, Mr. MITCHELL, and Mr. KENNEDY, Mr. KILDEE, Ms. KILPATRICK of Mr. SERRANO, Mrs. DAVIS of Cali- TIBERI. Michigan, Mr. KIND, Mr. KING of Iowa, Mr. fornia, Mr. MORAN of Virginia, Mr. H.R. 430: Mrs. MCMORRIS RODGERS. KRATOVIL, Mr. KUCINICH, Mr. LAMBORN, Mr. ANDREWS, Ms. LINDA T. SA´ NCHEZ of H.R. 433: Mr. COURTNEY and Mr. WELCH. LARSEN of Washington, Mr. LATOURETTE, Ms. California, Mr. ELLISON, Mrs. H.R. 463: Mr. HIMES. LEE of California, Mr. LEWIS of California, MALONEY, Ms. CLARKE, Ms. H.R. 466: Mr. SESTAK. Mr. LEWIS of Georgia, Mr. LOBIONDO, Mr. SCHAKOWSKY, and Mr. FATTAH): H.R. 509: Mr. WITTMAN. MCCOTTER, Mr. MCHENRY, Mr. MATHESON, H. Con. Res. 92. Concurrent resolution sup- H.R. 564: Mr. LEVIN. Mr. MEEKS of New York, Mr. MICA, Mr. MIL- porting the goals and ideals of the National H.R. 593: Mr. COHEN. LER of North Carolina, Mrs. MILLER of Michi- Day of Silence in bringing attention to anti- H.R. 627: Mr. SERRANO, Mrs. DAVIS of Cali- gan, Mr. GEORGE MILLER of California, Mr. lesbian, gay, bisexual, and transgender fornia, and Mr. WATT. MINNICK, Mr. MITCHELL, Ms. MOORE of Wis- name-calling, bullying, and harassment H.R. 644: Mr. FILNER. consin, Mr. MORAN of Kansas, Mr. MURPHY of faced by individuals in schools; to the Com- H.R. 669: Mr. SABLAN. Connecticut, Mr. TIM MURPHY of Pennsyl- mittee on Education and Labor, and in addi- H.R. 745: Mr. KIND, Mr. CHANDLER, Mr. GER- vania, Mr. NADLER of New York, Mr. NYE, tion to the Committee on the Judiciary, for LACH, Mr. SPRATT, Mr. BISHOP of Georgia, Mr. OBERSTAR, Mr. PALLONE, Mr. PAYNE, Mr. a period to be subsequently determined by Mr. WAMP, Mr. JOHNSON of Georgia, Mrs. PENCE, Mr. PITTS, Mr. PLATTS, Mr. PRICE of the Speaker, in each case for consideration MALONEY, Mr. BERMAN, Mr. DOYLE, Ms. KAP- North Carolina, Mr. RAHALL, Mr. REHBERG, of such provisions as fall within the jurisdic- TUR, Mr. SESSIONS, Mr. ISRAEL, Mr. PAYNE, Ms. RICHARDSON, Mr. ROGERS of Alabama, tion of the committee concerned. Mr. DAVIS of Illinois, Ms. EDDIE BERNICE Mr. ROHRABACHER, Ms. ROS-LEHTINEN, Mr. By Mr. FLAKE: JOHNSON of Texas, Mr. VAN HOLLEN, Ms. ROSS, Mr. ROTHMAN of New Jersey, Mr. H. Res. 312. A resolution raising a question SHEA-PORTER, Mr. ENGEL, Mr. FARR, Mr. RUPPERSBERGER, Mr. RUSH, Mr. SCHIFF, Mr. of the privileges of the House. Grayson, Mr. MORAN of Virginia, Mr. SENSENBRENNER, Mr. SHIMKUS, Mr. SHUSTER, By Mr. OBERSTAR (for himself, Mr. HOLDEN, Mr. MURTHA, Mr. SCHIFF, Mr. Mr. SIMPSON, Mr. SIRES, Mr. SKELTON, Mr. MICA, Mr. DEFAZIO, Mr. DUNCAN, Mr. HASTINGS of Florida, Ms. SCHAKOWSKY, Mr. SMITH of Washington, Ms. SPEIER, Mr. SUL- COSTELLO, Mr. PETRI, Ms. NORTON, TIERNEY, Mr. THOMPSON of California, Mr. LIVAN, Mr. THOMPSON of Mississippi, Mr. Mr. MARIO DIAZ-BALART of Florida, LANGEVIN, Mr. RUPPERSBERGER, Mr. LATHAM, THOMPSON of Pennsylvania, Mr. THOMPSON of Ms. CORRINE BROWN of Florida, Mr. Mr. Pierluisi, Mr. BARTLETT, Mr. PATRICK J. California, Mr. TIBERI, Mr. UPTON, Mr. VAN SHUSTER, Ms. EDDIE BERNICE JOHNSON MURPHY of Pennsylvania, Mr. HINCHEY, and HOLLEN, Mr. WALZ, Ms. WASSERMAN SCHULTZ, of Texas, Mr. BOOZMAN, Mr. Mr. MOORE of Kansas. Ms. WATSON, Mr. WATT, Mr. WEINER, Mr. CUMMINGS, and Mr. LOBIONDO): H.R. 753: Mr. COURTNEY. WILSON of Ohio, Mr. WOLF, Ms. WOOLSEY, and H. Res. 313. A resolution supporting the H.R. 789: Ms. WASSERMAN SCHULTZ. Mr. YOUNG of Florida. goals and ideals of National Public Works H.R. 803: Mr. Tonko, Mr. JOHNSON of Geor- H.R. 1255: Mr. ROSKAM. Week, and for other purposes; to the Com- gia, and Mr. ISRAEL. H.R. 1261: Mr. SPRATT. mittee on Transportation and Infrastruc- H.R. 808: Mr. POLIS of Colorado. H.R. 1265: Mr. PETERS. ture. H.R. 816: Mrs. CAPPS, Mr. HEINRICH, Mr. AL- H.R. 1270: Ms. GIFFORDS. By Mr. YARMUTH: EXANDER, Mr. BOSWELL, and Mr. ETHERIDGE. H.R. 1277: Mr. BARRETT of South Carolina, H. Res. 314. A resolution honoring and sa- H.R. 870: Mr. GOODLATTE. Mr. AKIN, and Mr. FLAKE. luting Hillerich & Bradsby Co. on the 125th H.R. 874: Mr. SCOTT of Georgia. H.R. 1325: Mr. HONDA. anniversary of the Louisville Slugger; to the H.R. 877: Mr. JORDAN of Ohio and Mr. BAR- H.R. 1327: Mrs. MILLER of Michigan, Mr. Committee on Energy and Commerce. RETT of South Carolina. PRICE of Georgia, Mr. SENSENBRENNER, Mr. By Ms. ROS-LEHTINEN (for herself, H.R. 885: Mr. LOBIONDO. PETERS, Mrs. MCMORRIS RODGERS, Mr. Ms. BERKLEY, Mr. BROWN of South H.R. 942: Mr. REHBERG. CONNOLLY of Virginia, Ms. GINNY BROWN- Carolina, and Ms. BORDALLO): H.R. 946: Mr. MORAN of Virginia. WAITE of Florida, Mr. TIAHRT, and Mr. H. Res. 315. A resolution supporting the H.R. 952: Mr. FILNER. PERLMUTTER. goals and ideals of Alcohol Awareness H.R. 1016: Mr. DOYLE. H.R. 1349: Mr. CHILDERS and Mr. TERRY. Month; to the Committee on Energy and H.R. 1017: Mr. MORAN of Kansas and Mr. H.R. 1362: Mr. PUTNAM, Ms. CASTOR of Flor- Commerce. BOUCHER. ida, Mr. LEVIN, and Mr. FORTENBERRY. H.R. 1406: Mr. BROUN of Georgia. By Mr. MOORE of Kansas (for himself, H.R. 1062: Mr. LINDER and Mr. GERLACH. H.R. 1425: Mr. WEINER and Ms. WASSERMAN Ms. JENKINS, Mr. SKELTON, Mr. H.R. 1067: Mr. SCHIFF, Mr. JONES, and Mr. SCHULTZ. CLEAVER, and Mr. GRAVES): RAHALL. H.R. 1426: Mr. MCHENRY, Mr. THORNBERRY, H. Res. 317. A resolution recognizing the H.R. 1074: Mr. BROWN of South Carolina. and Mr. COLE. H.R. 1075: Mr. MILLER of Florida, Ms. KIL- region from Manhattan, Kansas, to Colum- H.R. 1427: Mr. SARBANES. bia, Missouri, as the Kansas City Animal PATRICK of Michigan, and Mr. FLEMING. H.R. 1454: Mr. FLEMING, Mr. BOSWELL, Mr. Health Corridor, and for other purposes; to H.R. 1118: Mr. WAMP, Mr. GINGREY of Geor- PIERLUISI, and Mr. ROYCE. the Committee on Agriculture. gia, Mr. MARCHANT, Mr. BONNER, Mr. H.R. 1458: Mr. FRANK of Massachusetts. By Mr. SHIMKUS: HUNTER, Mr. POSEY, Mr. PENCE, Mr. H.R. 1466: Mr. CARSON of Indiana. H. Res. 318. A resolution recognizing July HENSARLING, Ms. FALLIN, Mr. SHADEGG, and H.R. 1470: Mr. MASSA. 2009 as ‘‘Energy Independence Month’’ and Mrs. LUMMIS. H.R. 1476: Mr. BRALEY of Iowa. encouraging awareness and promoting edu- H.R. 1136: Mr. PERRIELLO and Ms. MARKEY H.R. 1485: Mr. PALLONE, Mr. SIRES, and cation on energy independence in the United of Colorado. Mrs. CAPPS. States; to the Committee on Oversight and H.R. 1190: Mr. ROGERS of Alabama and Mr. H.R. 1505: Mr. GORDON of Tennessee. Government Reform. MINNICK. H.R. 1509: Mrs. MYRICK. H.R. 1521: Mr. CARSON of Indiana and Mr. ADDITIONAL SPONSORS H.R. 1191: Mr. CARNAHAN and Mr. CARSON of Indiana. MCHENRY. Under clause 7 of rule XII, sponsors H.R. 1523: Ms. SCHAKOWSKY. H.R. 1204: Mr. WEXLER. H.R. 1528: Ms. LEE of California. were added to public bills and resolu- H.R. 1207: Mrs. CAPITO, Mr. WITTMAN, Ms. tions as follows: H.R. 1530: Ms. LEE of California. SLAUGHTER, Mr. ELLISON, and Mr. WAXMAN. H.R. 1531: Ms. LEE of California. H.R. 22: Mr. DRIEHAUS, Ms. FOXX, Mrs. H.R. 1210: Mr. BARROW and Mr. WELCH. H.R. 1548: Mr. SESSIONS, Mr. MEEKS of New LOWEY, Mr. TIAHRT, and Mr. PETERSON. H.R. 1214: Ms. KOSMAS, Mr. ELLSWORTH, Mr. York, Mr. KAGEN, and Ms. ROS-LEHTINEN. H.R. 23: Mrs. BLACKBURN, Mr. SMITH of FOSTER, Mr. KANJORSKI, Mr. MOORE of Kan- H.R. 1550: Mr. KUCINICH. Washington, Mr. CLEAVER, Mr. DEFAZIO, Ms. sas, and Mrs. MCCARTHY of New York. H.R. 1577: Mr. WAMP.

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H.R. 1585: Ms. GIFFORDS, Ms. ESHOO, Ms. H.R. 1809: Mr. SABLAN. H. Res. 269: Mr. MOORE of Kansas and Mr. HIRONO, Mr. Nye, Mr. LOEBSACK, Mr. PASTOR H.R. 1815: Mr. WITTMAN. DUNCAN. of Arizona, Ms. BALDWIN, Mr. CUMMINGS, Mr. H.J. Res. 26: Mrs. MILLER of Michigan. H. Res. 270: Mr. OLSON and Mr. SMITH of Washington, Mr. MCGOVERN, Mr. H.J. Res. 41: Mr. FRANKS of Arizona. NEUGEBAUER. RYAN of Ohio, Mr. MCINTYRE, and Mrs. H. Con. Res. 70: Mr. ROHRABACHER. H. Res. 299: Mr. WAXMAN and Ms. ORDAN CAPPS. H. Con. Res. 83: Mr. J of Ohio. BORDALLO. H.R. 1612: Mr. DOGGETT. H. Con. Res. 87: Mr. GALLEGLY. H. Res. 300: Mr. BARTLETT, Mrs. MALONEY, H.R. 1618: Mr. CLAY. H. Res. 81: Mr. JORDAN of Ohio and Mrs. Mr. ENGEL, Mr. LEE of New York, and Mr. H.R. 1666: Mr. VAN HOLLEN. MYRICK. HINCHEY. H.R. 1670: Mr. COURTNEY, Mr. GENE GREEN H. Res. 130: Mr. BISHOP of New York and H. Res. 302: Mrs. CAPPS, Mr. CROWLEY, Mr. of Texas, and Mrs. CAPPS. Mr. MAFFEI. ISRAEL, Mrs. MALONEY, Mr. GEORGE MILLER H.R. 1676: Mr. SMITH of Texas. H. Res. 171: Mr. BRALEY of Iowa. ´ H.R. 1684: Mr. SMITH of Texas. H. Res. 175: Mr. COSTA. of California, Mr. GONZALEZ, Ms. VELAZQUEZ, ´ H.R. 1689: Mr. SHIMKUS and Mr. MATHESON. H. Res. 200: Mr. LAMBORN. Ms. LINDA T. Sanchez of California, Ms. ROY- H.R. 1708: Ms. SCHAKOWSKY and Mr. HOLT. H. Res. 236: Ms. TITUS and Mr. CROWLEY. BAL-ALLARD, Mr. CAO, Mr. ACKERMAN, and H.R. 1757: Ms. MARKEY of Colorado. H. Res. 238: Mr. CARSON of Indiana. Mr. COHEN. H.R. 1770: Mr. PLATTS. H. Res. 249: Ms. FALLIN. H. Res. 309: Mr. CROWLEY and Mr. CAPUANO. H.R. 1789: Mr. MICA. H. Res. 258: Ms. CASTOR of Florida. H. Res. 311: Mr. MORAN of Virginia, Mr. H.R. 1792: Mr. BISHOP of New York. H. Res. 262: Ms. WOOLSEY. OLSON, and Mr. GRIJALVA.

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Vol. 155 WASHINGTON, WEDNESDAY, APRIL 1, 2009 No. 55 Senate The Senate met at 10 a.m. and was appoint the Honorable TOM UDALL, a Senator THE BUDGET from the State of New Mexico, to perform called to order by the Honorable TOM Mr. MCCONNELL. Mr. President, the duties of the Chair. UDALL, a Senator from the State of throughout this debate, Republicans New Mexico. ROBERT C. BYRD, President pro tempore. have shown that this budget spends too much, taxes too much, and borrows too PRAYER Mr. UDALL of New Mexico thereupon assumed the chair as Acting President much. At a time when many are strug- The Chaplain, Dr. Barry C. Black, of- pro tempore. gling just to get by, Democrats in Con- fered the following prayer: gress want to enact the largest tax in- Let us pray. f crease in history, including a national Almighty God, our guard and guide, RECOGNITION OF THE MAJORITY energy tax that could cost every Amer- we thank You for this new day with its LEADER ican household up to $3,100 a year. opportunities for noble service. As our The ACTING PRESIDENT pro tem- They want to double the national debt lawmakers open their hearts to You, pore. The majority leader is recog- in 5 years and triple it in 10. And they may they sense that Your presence is nized. want to increase nondefense spending as pervasive in statecraft as in reli- so much that the Government would f gion. Illuminate their finite minds have to hire up to 250,000 bureaucrats with Your eternal light, giving them SCHEDULE just to get the money out the door. Let wisdom beyond their own. In their Mr. REID. Mr. President, following me say that again. The Government daily lives, may they validate the faith leader remarks, the Senate will resume would have to hire up to a quarter of a of the faithful who have gone before consideration of the budget resolution. million bureaucrats just to get the them, as You sustain them by the radi- Under an agreement reached last money out the door. This is not the ant vision of the ultimate triumph of evening, 20 hours of statutory time re- type of job creation Americans have Your Kingdom. Lord, remind them that mains, with the time equally divided been hoping for, and this was not the some problems You will not solve until between the minority and the major- budget Americans wanted. Rather, they are ready to be used by You in ity. Rollcall votes are expected to they are demanding that Republicans working out the solution. occur throughout the day. Senators and Democrats work together to craft We pray in Your great Name. Amen. will be notified as soon as votes are a budget that lets them keep their hard-earned wages, spend their tax dol- f scheduled. As a reminder, when all statutory lars wisely, and does not saddle their PLEDGE OF ALLEGIANCE time expires on the budget resolution, children and grandchildren with mountains of debt. The Honorable TOM UDALL led the additional amendments can be offered Republicans have tried to work with Pledge of Allegiance, as follows: and immediately voted upon. There- fore, Thursday’s session could extend Democrats to pass such a budget by of- I pledge allegiance to the Flag of the fering amendments that reflect the United States of America, and to the Repub- into the night. lic for which it stands, one nation under God, The two managers of the bill, Sen- views of most Americans and soon will indivisible, with liberty and justice for all. ator CONRAD and Senator GREGG, have sponsor a series of amendments to prevent tax increases on individuals, fami- f gone through this process many times. It is my understanding that they have lies, and businesses. The junior Senator APPOINTMENT OF ACTING suggested to me and Senator MCCON- from Texas, for example, has an PRESIDENT PRO TEMPORE NELL that we start voting sometime amendment that would make it signifi- The PRESIDING OFFICER. The this afternoon. There could be as many cantly harder to raise taxes on small clerk will please read a communication as 10 votes at that time. We will con- businesses. The President has noted re- to the Senate from the President pro tinue working with the managers. I peatedly that small businesses are at the heart of the American economy, tempore (Mr. BYRD). will notify and communicate with the The legislative clerk read the fol- Republican leader throughout the day. are responsible for half of all private sector jobs, and have created roughly lowing letter: f 70 percent of all new jobs in the past U.S. SENATE, RECOGNITION OF THE MINORITY decade. Republicans will propose an PRESIDENT PRO TEMPORE, LEADER Washington, DC, April 1, 2009. amendment by the junior Senator from To the Senate: The ACTING PRESIDENT pro tem- Nevada which would make it signifi- Under the provisions of rule I, paragraph 3, pore. The Republican leader is recog- cantly harder to raise taxes on couples of the Standing Rules of the Senate, I hereby nized. making less than $250,000 a year.

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

S4111

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.000 S01APPT1 smartinez on PROD1PC64 with SENATE S4112 CONGRESSIONAL RECORD — SENATE April 1, 2009 Americans are worried about tax an amazing season, and it is not over and the Management Directorate at DHS for hikes. They are also worried about the yet. On Sunday, they will face Okla- oversight of the Merida Initiative; $30 mil- colossal amount of debt this budget homa, with the winner advancing to lion for Operation Stonegarden; $10 million would leave to our children. This budg- the final game on Tuesday. to the Office of National Drug Control Policy for the High Intensity Drug Trafficking et proposes to borrow an equivalent This has been a fun team to watch Areas Program, to support state and local amount of money in the next 5 years to this season. Their style of play will in- law enforcement participation in the HIDTA all of the money the Government has spire future generations of Lady Car- Program along the southern border; $20 mil- borrowed from 1789 to January 20, 2009. dinals. I am sure there are a lot of lion to DHS for tactical radio communica- So the senior Senator from New Hamp- young athletes in Kentucky who look tions; and $20 million for upgrading the shire sponsored an amendment to re- up to the home team and will be cheer- Traveler Enforcement Communications Sys- quire a supermajority to adopt any ing them on to victory this weekend. tem. budget resolution that would more Alexander amendment No. 747, to create Mr. President, I ask unanimous con- runaway debt point of order against consid- than double the entire public debt cu- sent to have printed in the RECORD the eration of a budget resolution that projects mulated from 1789 to January 20, 2009. names of the players and coaches. the ratio of public debt to GDP for any fiscal The Democrats rejected that amend- There being no objection, the mate- year in excess of 90 percent to ensure the ment. rial was ordered to be printed in the continued viability of the U.S. dollar and In other efforts to control debt and RECORD, as follows: prevent doubling or tripling the debt burden curb Federal spending, Republicans on future generations. will offer a number of additional UNIVERSITY OF LOUISVILLE WOMEN’S Sessions amendment No. 772, to restore the BASKETBALL ROSTER amendments, including another budget discipline of the Federal Government amendment from the senior Senator Gwen Rucker, Becky Burke, Candyce Bing- by freezing nondefense discretionary spending for fiscal years 2010 and 2011, and lim- from New Hampshire that would take ham, Janae Howard, Tiera Stephen, Mary Jackson, Laura Terry, Monique Reid, Angel iting the growth of nondefense discretionary the first step toward the creation of a McCoughtry, Chauntise Wright, Keshia spending to 1 percent annually for fiscal bipartisan task force to confront the Hines, and Deseree Boyd. years 2012, 2013, and 2014. Nation’s long-term deficits; an amend- UNIVERSITY OF LOUISVILLE WOMEN’S The ACTING PRESIDENT pro tem- ment from the senior Senator from BASKETBALL COACHES pore. The Senator from North Dakota. South Carolina that would help to en- Head Coach Jeff Walz, Assistant Coaches Mr. CONRAD. Mr. President, in the sure that Social Security remains a Stephanie Norman, Michelle Clark-Heard ongoing debate about the fiscal condi- self-sustaining, solvent program; an and Bethann Shapiro Ord and Director of tion of the country, we have heard once amendment from the senior Senator Basketball Operations, Becky Bonner. again the finger pointed at President from Idaho that would take the Demo- Mr. MCCONNELL. I yield the floor. Obama. President Obama did not cre- cratic spending levels and try to ensure f ate this economic collapse. He has only spending does not exceed those levels. been President about 3 months—less Republicans will sponsor further RESERVATION OF LEADER TIME than 3 months. This is not his concoc- amendments that would correct many The ACTING PRESIDENT pro tem- tion, nor are the deficits and debt piled of the other problems with this budget. up by the previous administration his Additionally, Republicans have re- pore. Under the previous order, the leadership time is reserved. responsibility. sisted efforts to fast track major policy President Obama inherited a colossal changes through reconciliation. The f mess—a debt that was doubled during junior Senator from Nebraska has of- CONGRESSIONAL BUDGET FOR the previous administration, foreign fered an amendment that would pro- holdings of U.S. debt that were tripled hibit the use of this rule in connection THE UNITED STATES GOVERN- MENT FOR FISCAL YEAR 2010 during the previous administration, with a national energy tax. Some and an economic collapse unparalleled The ACTING PRESIDENT pro tem- Democrats said they do not support since the Great Depression. In addition pore. Under the previous order, the using reconciliation for this legisla- to that, he inherited two wars. tion. We will insist on having a vote on Senate will resume consideration of S. President Obama is striving mightily the Johanns amendment. Con. Res. 13, which the clerk will re- to get us moving back in the right di- These Republican proposals should port. rection. His budget, especially the first have the support of Senators on both The legislative clerk read as follows: 5 years of his budget, which emphasizes sides of the aisle. We should all want to A concurrent resolution (S. Con. Res. 13) reducing our dependence on foreign en- cut the massive taxing, borrowing, and setting forth the congressional budget for ergy, a focus on excellence in edu- spending in this budget. the United States Government for fiscal year cation, fundamental health care re- The budget debate is always one of 2010, revising the appropriate budgetary lev- the most clarifying weeks of the year. els for fiscal year 2009, and setting forth the form, all the while cutting the deficit Rarely do the American people get to appropriate budgetary levels for fiscal years by more than half and extending the see the differences between the two 2011 through 2014. middle-class tax cuts from 2001 and parties as clearly as they do during Pending: 2003, has exactly the right priorities for this debate. Rarely has the difference Johanns amendment No. 735, to prohibit the country. been so stark. the use of reconciliation in the Senate for When I hear criticism of President Obama, I must say it is badly mis- f climate change legislation involving a cap- and-trade system. placed. Our friends on the other side UNIVERSITY OF LOUISVILLE LADY Lieberman amendment No. 763, to protect who complain about the fiscal condi- CARDS the American people from potential spillover tion of the United States should look violence from Mexico by providing $550 mil- Mr. MCCONNELL. Mr. President, on in the mirror because they were there another subject and admittedly a light- lion in additional funding for the Depart- as silent sentinels when the previous ment of Homeland Security and the Depart- administration stacked up this record er note, I rise today to pay tribute to a ment of Justice and supporting the adminis- group of young women from the Uni- tration’s efforts to combat drug, gun, and debt, these record deficits, and plunged versity of Louisville who reached an cash smuggling by the cartels, by providing this country into a deep economic de- amazing milestone this week. The U of $260 million for Customs and Border Protec- cline. That is their responsibility. L Lady Cards made basketball history tion to hire, train, equip, and deploy addi- President Obama is in on the cleanup with their first NCAA Final Four trip. tional officers and canines and conduct exit crew, and a remarkable job he is doing. The Lady Cards, coached by Jeff Walz inspections for weapons and cash; $130 mil- We now are prepared to enter into an and led by All-American Angel lion for Immigration and Customs Enforce- order for the next several amendments: McCoughtry and senior forward ment to hire, train, equip, and deploy addi- Senator CASEY to be recognized for 10 tional investigators; $50 million to Alcohol, minutes; then Senator GREGG or his Candyce Bingham, are heading to St. Tobacco, Firearms and Explosives to hire, Louis this weekend to play in the wom- train, equip, and deploy additional agents designee for 1 minute; Senator ENSIGN en’s NCAA Final Four. and inspectors; $20 million for the Human for an amendment, 15 minutes on his Today, I wanted to recognize this his- Smuggling and Trafficking Center; $10 mil- side, 15 minutes for the chairman of tory-making team. The Lady Cards had lion for the Office of International Affairs the Budget Committee or his designee;

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.006 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4113 then we will go to an amendment by ice providers and housing providers and de- Andrew Urban was just 30 years old, Senator KERRY, who is seeking 15 min- velopers to leverage existing resources and Mr. President. It is hard to describe the utes and will reserve just 1 minute in create housing solutions that meet victims’ situation Trisha Urban was facing that need for long-term housing at the authorized opposition or to comment. Is that OK level, by the amounts provided in that legis- day. Literally, at the same time she with the Senator from New Hampshire? lation for those purposes, provided that such was watching her husband die, she was Mr. GREGG. Yes. legislation would not increase the deficit being rushed to the hospital to have Mr. CONRAD. I think we are pre- over either the period of the total of fiscal their first child. pared to move forward on those three years 2009 through 2014 or the period of the Let me read one excerpt from a letter at this point. total of fiscal years 2009 through 2019. she sent to me. Here is how her first Mr. GREGG. Mr. President, we still Mr. CASEY. Mr. President, earlier paragraph concludes: have to work on this, but I would like this month I had the honor of chairing Two ambulances were in my driveway. As to be recognized to offer an amendment the advisory board and participating in the paramedics were assessing the health of after Senator KERRY completes his the release of a report by the National my baby and me, the paramedic from the amendment. Center on Family Homelessness that other ambulance told me that my husband Mr. CONRAD. It will be our inten- focused on the increasing number of could not be revived. tion—we need to work out times and children that are homeless in our coun- She goes on to say in the letter: have a chance to look at the amend- try. Because of preexisting conditions, neither ment—that Senator GREGG would go The report is titled ‘‘America’s my husband’s health issues nor my preg- after that. Our intention is to have a Youngest Outcasts’’—a very appro- nancy would be covered under private insur- tranche of votes at 2:30 this afternoon. priate title and a heartbreakingly ac- ance. I worked four part-time jobs and was not eligible for health benefits. So far, that would involve a vote on curate one. the Alexander amendment offered yes- There are many very harmful con- Later in the letter she talks about terday, the Lieberman-Collins amend- sequences of homelessness for children. the insurance company dropping the ment offered yesterday, the Sessions But first I want to emphasize the nexus coverage for her family. amendment offered yesterday, and between domestic violence and home- We were left with close to $100,000 worth of then, of course, the pending amend- lessness—and the reason why I am of- medical bills. Concerned with the upcoming financial responsibility of the birth of our ments—Casey, Ensign, Kerry, a poten- fering this amendment. Mr. President, this budget amend- daughter and the burden of current medical tial for Johanns, and a side-by-side ment creates a deficit-neutral reserve expenses, my husband missed his last doc- from yesterday. We still have that to fund for the Long-Term Stability/Hous- tor’s appointment less than 1 month ago. resolve. And potentially Senator ing for Victims Program, which is au- And, of course, we know what hap- GREGG as well. thorized under the Violence Against pened next—her husband died and her With that, Senator CASEY is up. Women Act, and I am offering this baby was born. The ACTING PRESIDENT pro tem- amendment because I wanted to high- Those words and this story tell us all pore. The Senator from Pennsylvania. light two very serious problems in this we need to know about the challenge of AMENDMENT NO. 783 country. First of all, the relationship health care—the challenge that is pre- Mr. CASEY. Mr. President, I rise for between domestic violence and home- sented to the Senate, the Congress, and two purposes: the first on an amend- lessness and the obvious impact that the country. We cannot fail to do some- ment, and then I want to speak on the both of these issues have on women and thing about this issue this year; not budget as well. children in America; and in particular 2010, not 2011, or down the road. We First, I ask unanimous consent to lay the high number of women and chil- have to address this issue this year. I aside the pending amendment and call dren who are fleeing abusive situations am glad the President has made this a up amendment No. 783, the Casey who then become homeless. priority, and I am glad that Chairman amendment on funding the Long-Term This program, under the Violence CONRAD has as well. Stability/Housing for Victims Program Against Women Act, will help substan- I want to read Chairman CONRAD’s under the Violence Against Women tially to improve the lives of women words, the chairman of our Budget Act. and children in America who become Committee, when he talked about not The ACTING PRESIDENT pro tem- both victims of domestic violence and just the importance of health care but pore. Is there objection? then become victims because they are the connection between health care Hearing no objection, it is so ordered. homeless as a result of that. and fiscal responsibility in our budget. The clerk will report. I want to defer further review of that When he was releasing the budget reso- The legislative clerk read as follows: for now because I want to move to the lution, Chairman CONRAD said, in part: The Senator from Pennsylvania [Mr. second part of my remarks which focus Reforming our Nation’s health care system CASEY] proposes an amendment numbered on the budget, and in particular the is essential to ensuring our long-term fiscal 783. issue of health care. stability and economic strength, in addition Mr. CASEY. Mr. President, I ask As we know from the budget offered to the well-being of our citizenry. Soaring unanimous consent to waive the read- by President Obama, these are his pri- health care costs are the biggest source of ing of the amendment. orities in that budget: First of all, the the projected explosion in Federal debt in creation of jobs, the focus on health our long-term budget outlook. Rapidly rising The ACTING PRESIDENT pro tem- health care costs make it harder for our pore. Without objection, it is so or- care—which I will speak of in a moment—energy independence, and edu- businesses to compete globally, while put- dered. ting a tremendous strain on family budgets. The amendment is as follows: cation. Two items not on that list are deficit reduction, to cut the deficit in That is the challenge we have from a (Purpose: To establish a reserve fund to fully fiscal point of view if we don’t do any- fund the Long-Term Stability/Housing for half over the next couple of years, and, secondly, tax cuts—over $800 billion in thing about health care. But let’s talk Victims Program) about costs and families—rising costs At the end of title II, insert the following: tax cuts set forth in the resolution that we are considering before the Senate. and struggling families. SEC. lll. DEFICIT-NEUTRAL RESERVE FUND TO This chart is very simple. The orange FULLY FUND THE LONG-TERM STA- At this point I will go to a second BILITY/HOUSING FOR VICTIMS PRO- chart that very simply puts forth a line, of course, is the rise in health in- GRAM. headline from the Reading Eagle news- surance premiums from 1999 to 2008, a The Chairman of the Senate Committee on paper in Reading, PA, dated February 9 very dramatic and unambiguous up- the Budget may revise the allocations of a of this year: ‘‘Tilden Township Woman ward spike. The two lower lines, the committee or committees, aggregates, and light blue and the red, depict workers’ other levels and limits in this resolution for Tends To Baby Born Hours After Her Husband’s Death,’’ and then there is a earnings, which have been, at best, one or more bills, joint resolutions, amend- near flat in that time period. Then ments, motions, or conference reports that very brief introduction: would fully fund the Long-Term Stability/ Just after noon on Thursday, Trisha overall inflation is at about the same Housing for Victims Program under the Vio- Urban’s husband, Andrew D. Urban, died. level, so a 34-percent increase in wages lence Against Women Act which builds col- Less than nine hours later, she gave birth to at the same time health care premiums laborations between domestic violence serv- their first child, Cora Catherine. are up 119 percent.

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.007 S01APPT1 smartinez on PROD1PC64 with SENATE S4114 CONGRESSIONAL RECORD — SENATE April 1, 2009 Going to the next chart, the insur- health insurance which could have be in order in the Senate to consider any ance status of Americans under the age been prevented; guaranteed choice; in- bill, resolution, amendment between Houses, of 65, you can see from that number we vestment in prevention and wellness, motion, or conference report that— have 86 million Americans, according and we know the importance of that; (1) would cause revenues to be more than the level of revenues set forth for that first to a recent report, who at some period improving patient safety and quality fiscal year or for the total of that fiscal year of time in 2007 and 2008 had no health care; and, finally, maintaining long- and the ensuing fiscal years in the applicable insurance. I might add those 86 million term fiscal sustainability, or stability, resolution for which allocations are provided people, most of them, almost 70 percent as our chairman has made a major pri- under section 302(a) of the Congressional of them, didn’t have health care for at ority of the budget resolution. Budget Act of 1974, and least 6 months. In conclusion, Mr. President, I would (2) includes a Federal tax increase which Finally, we go to the employment ask that we stay focused on this issue, would have widespread applicability on mid- status of people in Pennsylvania— not just in this budget resolution but dle-income taxpayers. those who are uninsured. As you can well beyond the debate on the budget. (b) DEFINITIONS.—In this subsection: And I want to come back to Trisha (1) MIDDLE-INCOME TAXPAYERS.—The term see from this chart, more than three- ‘‘middle-income taxpayers’’ means single in- quarters of the people in Pennsylvania Urban. At the end of her letter to me, dividuals with $200,000 or less in adjusted who are uninsured are employed. So we she said the following: gross income (as defined in section 62 of the are talking about working families not I am a working class American and do not Internal Revenue Code of 1986) and married having health insurance. That won’t have the money or the insight to legally couples filing jointly with $250,000 or less in come as news to people across the fight the insurance company. I will probably adjusted gross income (as so defined). lose my home, my car, and everything we country. (2) WIDESPREAD APPLICABILITY.—The term worked so hard to accumulate in our life will ‘‘widespread applicability’’ includes the defi- This really, when you get down to it, be gone in an instant. I am willing to pay the is not about these charts or numbers. nition with respect to individual income tax- price of losing everything. payers in section 4022 (b)(1) of the Internal In the end, it is about people. It is So, Mr. President, as I conclude, I Revenue Service Restructuring and Reform about Trisha Urban and her family and would ask all of us in the Senate who Act of 1998. the horror they faced when her hus- are debating this budget and wondering (3) FEDERAL TAX INCREASE.—The term band, the father of her child, died at what is going to happen on the issue of ‘‘Federal tax increase’’ means— the very moment of birth of that child, health care this question: What price (A) any amendment to the Internal Rev- but it is also the horror of people who enue Code of 1986 that, directly or indirectly, will we be willing to pay to make sure increases the amount of Federal tax; or face a health insurance crisis that is health care reform becomes a reality? literally, in some cases, about life and (B) any legislation that the Congressional The first step in that goal is passing a Budget Office would score as an increase in death and about whether they will sur- budget resolution which makes health Federal revenues. vive. care a priority. (c) SUPERMAJORITY WAIVER AND APPEAL.— Just consider this: Consider the costs Mr. President, I yield the floor, and I (1) WAIVER.—This section may be waived or we are talking about in terms of the suggest the absence of a quorum. suspended in the Senate only by an affirma- causes of death. The leading cause of The ACTING PRESIDENT pro tem- tive vote of three-fifths of the Members, duly death for Americans between the ages pore. The clerk will call the roll. chosen and sworn. of 55 and 64 are, No. 1, heart disease; The legislative clerk proceeded to (2) APPEAL.—An affirmative vote of three- No. 2, cancer; but No. 3, in that age cat- call the roll. fifths of the Members, duly chosen and egory, no insurance—the cause of Mr. ENSIGN. Mr. President, I ask sworn, shall be required in the Senate to sus- unanimous consent that the order for tain an appeal of the ruling of the Chair on death, not just a problem, not just a a point of order raised under this section. crisis, but literally the third leading the quorum call be rescinded. cause of death in that age category. So The ACTING PRESIDENT pro tem- Mr. CONRAD. Mr. President, through that is what we are talking about. pore. Without objection, it is so or- the Chair to the distinguished Senator Finally, when we consider the chal- dered. from Nevada, would he yield for a lenges that families face, this is also AMENDMENT NO. 804 unanimous consent request? about a lot of small businesses. I am Mr. ENSIGN. Mr. President, I ask Mr. ENSIGN. I will, without losing noting that in Pennsylvania we have a unanimous consent to set aside the my right to the floor. strong tradition of making sure we pending amendment and call up Mr. CONRAD. Absolutely. support our small businesses. One of amendment No. 804, an amendment to The PRESIDING OFFICER (Mr. BEN- the companies our office worked with protect middle-income taxpayers from NET). Without objection, it is so or- is Bingaman & Son Lumber Company. tax increases. dered. They have been in business 40 years, The ACTING PRESIDENT pro tem- Mr. CONRAD. I apologize to the Sen- with 250 people employed, and they pore. Is there any objection? ator. We thought we had entered a prided themselves on covering 80 per- Hearing no objection, it is so ordered. unanimous consent request. It was cent of their employees’ medical and The clerk will report. taken as more of a statement of times The legislative clerk read as follows: prescription drug costs. In December, rather than a unanimous consent re- Bingaman & Son Lumber was notified The Senator from Nevada [Mr. ENSIGN] quest. We need to get that fixed; other- proposes an amendment numbered 804. that due to high medical bills the com- wise, we could have a long delay here. pany would have to increase their pre- Mr. ENSIGN. Mr. President, I ask Mr. President, I ask consent the En- miums by 37 percent. unanimous consent that further read- sign amendment we are on now—I ask We were able to work with them to ing of the amendment be dispensed unanimous consent Senator ENSIGN provide some relief. But, again, this with. have 15 minutes and it be 15 minutes The ACTING PRESIDENT pro tem- points to the crisis in families but also for the chairman of the Budget Com- pore. Without objection, it is so or- the crisis in small businesses—a 37-per- mittee or his designee; then we would dered. go to the Kerry amendment, 15 minutes cent increase in their premiums. The amendment is as follows: Finally, Mr. President, I want to for Senator KERRY, 5 minutes for time (Purpose: To protect middle-income tax- highlight President Obama’s principles payers from tax increases by providing a in opposition; then the Cornyn amend- for health care reform. They are very point of order against legislation that in- ment, 15 minutes for Senator CORNYN, simple, and I will go through them crease taxes on them, including taxes that 15 minutes for the chairman of the quickly. We know what they are: pro- arise, directly or indirectly, from Federal committee or his designee; then the tecting families’ financial health, just revenues derived from climate change or Lincoln amendment on National as we spoke of today; making health similar legislation) Guard, 10 minutes for Senator LINCOLN care affordable; aiming for uni- On page 68, after line 4, insert the fol- and 5 minutes in opposition; then we versality, or covering everyone, which lowing: would go to the Gregg amendment, 15 has to be our objective; portability of SEC. ll. POINT OF ORDER AGAINST LEGISLA- minutes for Senator GREGG and 15 min- TION THAT RAISES TAXES ON MID- coverage, so in the case of the Urban DLE-INCOME TAXPAYERS. utes for the chairman of the committee family moving or changing jobs, it (a) IN GENERAL.—After a concurrent reso- or his designee. I ask unanimous con- would not lead to a problem with lution on the budget is agreed to, it shall not sent that we agree to that order.

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.009 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4115 The PRESIDING OFFICER. Is there I define tax increase broadly because is that not only do the electricity rates objection to the request? Without ob- I think families were promised ‘‘no tax skyrocket as the President said, but jection, it is so ordered. The Senator increases’’ and they don’t care whether gasoline and diesel prices go up signifi- from Nevada. those tax increases come directly or in- cantly. That means transportation Mr. ENSIGN. Mr. President, if I tried directly. My amendment would protect costs on your food go up significantly. to imagine the worst policy we could taxpayers against indirect tax hikes That means you have to raise the price pursue during this time of economic yet to be forced upon the public. of food. duress, when jobs are being shed from Under the budget proposals, Ameri- We had the fertilizer companies testi- the economy, the worst policy would be cans, even those married couples with fying before our committee. I didn’t to raise taxes on individuals and busi- incomes under $250,000 and singles know that much about fertilizer before nesses. under $200,000, would see higher elec- the testimony in front of the com- Every single day, we are buried in tricity, gas, heating oil, and other en- mittee. It is amazing what a world the news of our economic turmoil. ergy prices. Americans would also see commodity fertilizer is. The energy tax Thousands more are laid off, home higher prices for other goods and serv- is going to destroy jobs in the fertilizer foreclosures are reaching new highs, ices that are themselves affected by industry, but it will also raise prices of property values are dipping to new higher energy costs. fertilizers in the United States. Guess lows, more businesses are shutting This is the Trojan horse—the na- what, to grow food you need fertilizer. their doors, and Americans are strug- tional sales tax on energy. This is the If you pay more for fertilizer, you are gling to pay for life’s essentials. There- indirect tax on people making less than going to pay more for food. That cost fore, what we should be discussing is $250,000 a year. A recent MIT study, either has to be borne by hard-working extending tax relief for individuals and which modeled a national energy tax farmers and their families or it is going families, and even going further to en- regime similar to President Obama’s to be borne by the consumer at the courage savings and investment that budget proposal, estimated that annual end. generates jobs and security. revenues as high as $366 billion would The worst part of all this is that a Framed within this context, Presi- come to the Federal Government. This national energy tax is the most regres- dent Obama has promised not to raise equals tax increases of over $3,100 per sive form of taxation there is because taxes on individuals making up to household per year in the United it hits those in the low- and middle-in- $200,000 and for families who make up States. Higher energy costs under a na- come categories much more severely as to $250,000. In his address to Congress, tional energy tax is not speculation. a percentage of their income than it he said: Candidate Obama acknowledged his does people at the top. But let me [be] perfectly clear, . . . if your plan would lead to higher energy My amendment is critical for the family earns less than $250,000 a year, you will not see your taxes increased a single prices. He said last year: President to keep his word on not rais- dime. I repeat, not one single dime. Under my plan of a cap and trade system, ing taxes on individuals making up to That was the quote from the Presi- electricity rates would necessarily sky- $200,000 a year or families making up to rocket. dent of the United States. The Presi- $250,000 a year. My amendment will en- dent did not say I will not raise income The OMB Director, the President’s sure that the President keeps not only taxes one single dime. He said ‘‘taxes,’’ OMB Director, Director Orszag, said in his campaign pledge, but also what he period. He did not define direct, indi- prepared testimony that ‘‘[u]nder a pledged in his first address to Congress rect—he said ‘‘not one single dime will cap-and-trade program, firms would and to the American people when he be raised in taxes.’’ not ultimately bear most of the cost of took office after Inauguration Day. That promise does not go far enough, the allowances but instead would pass I urge adoption of my amendment by in my view because, as we have dis- them along to their customers in the all the Senators in this body. Let’s cussed, many middle-income families form of higher prices . . . [T]he price move forward and protect middle-class, could be hit by increased energy costs increases would be essential to the suc- middle-income taxpayers in America. and other potential tax increases under cess of a cap-and-trade program.’’ I yield the floor. this budget resolution. Still, the prom- That was a direct quote from Presi- The PRESIDING OFFICER. The Sen- ise was made by the President and by dent Obama’s OMB Director, admitting ator from North Dakota is recognized. other Democrats that those who make that these higher prices are going to Mr. CONRAD. Mr. President, if I up to $250,000 will not have their taxes get passed on to the American con- could get the attention of my col- raised, ‘‘not one single dime.’’ I will be sumer. If you are raising cap-and-trade league, I would be willing to take the frank with my Democratic colleagues taxes, and that is not an indirect tax, I amendment on a voice vote—oh, I am when I say that many people doubt don’t know what is. More than any- sorry. I have been advised that because they will live up to this promise. Many thing else in this budget, an energy tax of the way the amendment is struc- people making less than $250,000 fear poses perhaps the greatest risk to our tured, it gives specific instructions to tax increases on them in the imme- economy and to middle income liveli- the Finance Committee that we cannot diate future. hoods. In addition, this amendment do so in a budget resolution or the I believe we need to take action on would also protect taxpayers against whole budget resolution is no longer this budget resolution that locks in tax hikes yet to be developed by those privileged. We went through this last place a commitment that Congress will who want to expand the role of the year, you may recall, with the Cornyn not raise taxes on middle-income fami- Federal Government. amendment. The same thing applies lies. My amendment ensures that Con- Now is the time to protect middle-in- here. gress and the President will keep this come Americans who are at risk from I will be required to raise the defense promise not to raise taxes on individ- direct and indirect taxes. This amend- of germaneness against the amend- uals making $200,000 a year or families ment would be a good first step in lock- ment. Let me say this, I support the making $250,000. If they decide to vio- ing the budget into a direction in amendment. I think it is the right sig- late this promise, then they will be which middle-income families are pro- nal to send. But the Parliamentarian held accountable. tected. Then we should work toward has advised us that if I do not raise the To achieve this objective, my amend- providing new tax relief instead of rais- defense of germaneness against the ment would create a new budget point ing taxes. With the economy in such amendment, then the entire privileged of order against any legislation that bad state, we should all be able to nature of the budget resolution is at would raise taxes on middle-income agree not to raise taxes. I urge all risk. I hope the Senator understands. It taxpayers, those individuals making Members of this body to support this has nothing to do with the message the less than $200,000, and families making important amendment. Senator is trying to send. What it has less than $250,000. If the Democrats In conclusion, the energy tax that to do with is, as I understand it, the mean what they say about not raising has been proposed, this cap-and-trade specific instructions to the Finance taxes on families making up to $250,000, system, this national sales tax on en- Committee that are contained in this then they should embrace my amend- ergy. We did a hearing on this the amendment. That is beyond the power ment as a way of accomplishing it. other night. What people do not realize of the Budget Committee. We don’t

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.010 S01APPT1 smartinez on PROD1PC64 with SENATE S4116 CONGRESSIONAL RECORD — SENATE April 1, 2009 have the authority to tell the commit- that would capture the intent of the committee, the privileged status of the tees of jurisdictions with specificity Senator from Nevada but that would budget resolution would be preserved? what they are to do with the alloca- not put the budget resolution at risk. The PRESIDING OFFICER. At this tions they are given. The power of the Mr. ENSIGN. I would say to the Sen- time, it would be corrosive. The cumu- Budget Committee is to tell the com- ator from North Dakota, we have lative effect of the adoption of such mittees what numbers they have to worked on language with the Parlia- amendments could prove fatal. hit. We don’t have the ability to tell mentarian, trying to overcome this Mr. GREGG. Mr. President, if I might them how to do it. problem the Chairman is raising. The inquire. But the amendment itself is It is just like appropriators. We tell bottom line is, the intent of what we not fatal? them how much money they have to are trying to do is to make sure taxes The PRESIDING OFFICER. Not if it spend. We do not have the authority to are not raised on people making up to is adopted to the resolution at this tell them how to spend it. $250,000 a year. phase. If I were able to make a parliamen- From what we understand from the Mr. KERRY. Mr. President, I wish to tary inquiry? Parliamentarian, there was not lan- try and clarify that now because this The PRESIDING OFFICER. The Sen- guage we could draft that would fit the has gone back and forth. What I under- ator will state his inquiry. conforming factor with the budget res- stood you to say is—I wish to have this Mr. CONRAD. Has the Parliamen- olution. So we were going to have to clear—if it passes now, it has a corro- tarian had a chance to review the En- have a vote on waiving the germane- sive effect, but if it does not come sign amendment? ness. back—if it comes back from conference The PRESIDING OFFICER. Yes. Mr. CONRAD. Well the problem is, if committee, it would be fatal? Mr. CONRAD. Is this amendment de- the Senator proceeds, I am required to The PRESIDING OFFICER. The Sen- fective in the way that I have de- raise the point of order. If I fail to do ator is correct. scribed; that is, is it too prescriptive in so, the entire privileged status of the Mr. KERRY. If it does not come back terms of its language with respect to budget resolution is at risk. If I raise it from the conference committee, then the Finance Committee and therefore and I lose, the privileged status of the the corrosive—whatever effect—is would it put at risk the privileged sta- budget resolution is at risk. eliminated? tus of the budget resolution itself? This, in effect—I do not think this is The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- the Senator’s intention, to threaten ator is correct. ator is correct. the entire budget resolution. Mr. CONRAD. All right. I think it is Mr. CONRAD. Let me inquire fur- Mr. GREGG. Would the Senator yield clear to all of us. I hope that is clear. ther. If I fail to raise the defense of ger- on this point? If I might inquire of the Let me make one further parliamen- maneness against this amendment, Chair, ‘‘at risk’’ does not mean the res- tary inquiry because I wish to make that would put the budget resolution’s olution has necessarily gone over the certain: If I fail to raise the point of privileged status at risk? level of being—of losing its privileged order at this point against Senator EN- The PRESIDING OFFICER. If the status? SIGN’s amendment, that has a corrosive amendment were to be adopted, it This is, by the Chair’s definition, a effect, potentially corrosive effect, but would put the privileged status at risk. corrosive amendment. There would it is not fatal? Mr. CONRAD. So if I raise the de- have to be a series of corrosive amend- The PRESIDING OFFICER. The Sen- fense of germaneness and I were to ments to meet the point where the bill ator is correct. lose, that would put the privileged sta- loses its status as privileged. One sin- Mr. CONRAD. It would only be fatal tus of the budget resolution at risk? gle amendment that is corrosive does if it came back from conference com- The PRESIDING OFFICER. Will the not necessarily mean the bill has lost mittee? Senator restate his inquiry. its privileged status. It simply means The PRESIDING OFFICER. The Sen- Mr. CONRAD. Excuse me? it is moving in the direction of being at ator is correct. The PRESIDING OFFICER. Would risk of losing its privileged status; is Mr. CONRAD. I wish to indicate it the Senator restate his inquiry. that true? would be my intention to support the Mr. CONRAD. If I were to raise a The PRESIDING OFFICER. The Sen- Ensign amendment. We will have a point of order that the amendment is ator is correct with respect to this vote later on it. I would not oppose it. not germane for the reason we have stage of the proceedings on this mat- But I wish to make clear to my col- discussed, and I were to lose that point ter. leagues this exchange. Senator ENSIGN of order, would the resolution be at Mr. GREGG. So it is possible this needs to know, I cannot bring this risk in terms of its privileged status? amendment could pass. If passed, it amendment back from conference be- The PRESIDING OFFICER. It would. would be—could be deemed corrosive cause that would be fatal to the privi- Mr. GREGG. Only if it passes. but would not be deemed fatal to the leged status of the budget resolution. The PRESIDING OFFICER. It would. privileged status of the bill? The Senator needs to offer this amend- Mr. GREGG. Mr. President, it would The PRESIDING OFFICER. During ment knowing that full well. only be at risk if it passes? this initial phase of consideration of I also wish to say to others who The PRESIDING OFFICER. If the the resolution, that is correct. might have similarly crafted amend- amendment were adopted, it would be Mr. CONRAD. Mr. President, further ments, and I would ask the Parliamen- at risk. parliamentary inquiry: So let’s review tarian at this time: If there were a se- Mr. CONRAD. So let’s be very clear. because at least this Senator is getting ries of amendments such as this one If I raise—first of all, I have to raise a a mixed message. Let’s revisit this. If I that were adopted here but did come point of order or the privileged status fail to raise a point of order against the back from the conference committee, of the resolution is at risk; is that cor- Ensign amendment, that threatens the would just the fact that a series of rect? privileged status of the resolution; is amendments such as this were adopted The PRESIDING OFFICER. The Sen- that correct? be potentially fatal to the privileged ator is correct. The PRESIDING OFFICER. The status of the budget resolution, even if Mr. CONRAD. If I lose the point of adoption of the Ensign amendment they did not come back from con- order, the privileged status of the reso- would have a corrosive effect on the ference committee? lution is at risk? privilege of the resolution on the floor The PRESIDING OFFICER. It is im- The PRESIDING OFFICER. The Sen- at this time. It would have a fatal ef- possible to predict the ultimate corro- ator is correct. fect if the language were to be retained sive effect. But there is a theoretical Mr. GREGG. Well, only if it is adopt- in the conference report. possibility it could exist. ed. Mr. CONRAD. So let’s revisit this Mr. CONRAD. It is not theoretical in Mr. CONRAD. Wait. I have the floor. once again. If I did not raise the point the sense that we have another amend- I would ask the Senator from Nevada of order, in fact, supported the Ensign ment coming very soon after this one if it would not be possible for us to amendment, and it passed, as long as it that is the same. The Cornyn amend- work together on alternative language did not come back from conference ment, as I understand, has exactly the

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.011 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4117 same flaw. So we are going to have to tus is to be fatal to a budget resolu- The PRESIDING OFFICER. The Sen- go through this exercise again. tion. That is the reality. ator from Massachusetts. Mr. ENSIGN. Another parliamentary Mr. GREGG. Mr. President, as an Mr. KERRY. Is there any possibility inquiry: It is true that when you say aside, I think it is important to note that the resolution could be challenged ‘‘fatal,’’ that just requires 60 votes in- the chairman has said this will not prior to going to conference on the stead of 51 votes? come back from the conference com- basis of its privilege and that it could The PRESIDING OFFICER. If a mittee, which is interesting and in- lose its privilege prior to going to con- measures loses its privileged status, formative. I think it is fair that he has ference? when it is considered, it is fully debat- said that. It reflects the influence the The PRESIDING OFFICER. Only on able and could require 60 votes to in- chairman has on the conference com- the accumulative effect of corrosive voke cloture. mittee. amendments. Mr. ENSIGN. Further parliamentary Therefore, I presume, since the chair- The Senator from North Dakota. inquiry: That would indicate, if they man has said, relative to reconcili- Mr. CONRAD. Mr. President, I thank had 60 votes, they could pass the budg- ation, it should not occur in the Senate my colleague for his confidence in my et resolution even with this amend- on the issue of health care or the car- ability to influence the outcome of the ment in it? So it actually is not fatal, bon tax, national sales tax, that the conference committee. I don’t think it it requires a higher level of support chairman will use the same influence may extend as far as he may wish or as from the Senate to pass it? to assure us we will not see those mat- far as I might wish. The PRESIDING OFFICER. It is ters come out of the conference com- On a matter such as this, I don’t see fatal to the privileged status. mittee. that there is any option. Many of us Mr. ENSIGN. But it does not kill the In addition, I wish to ask a par- support the intent of the amendment of bill? The bill still could be passed with liamentary inquiry: I understand there the Senator from Nevada. Unfortu- 60 votes, passing the other hurdles that is a wall, not a wall of debt—although nately, it is drafted in a way that the are in the way; is that not correct? that also is involved in this bill—but Parliamentarian has described to us The PRESIDING OFFICER. The Sen- there is a wall being built of corrosive clearly. If it comes back from con- ator from Nevada is correct. activity, potentially, with a series of ference committee, in all likelihood Mr. CONRAD. Mr. President, what is amendments that might be adopted on that is fatal to the privileged status of very clear is it is fatal to the privileged the floor that the Parliamentarian the budget resolution. That is not a status of the budget resolution. Requir- deems to be corrosive. At some point, risk we can afford to take as conferees. ing 60 votes on a budget resolution, there is the theoretical possibility, as I am confident the conferees will not that is fatal. Let’s be clear. We all the Chair has said, that you might permit that. At the same time, I don’t know what this means. even bring the budget resolution’s want people voting against the amend- I would ask to make a further par- privilege into issue on the floor. ment of the Senator on a technicality liamentary inquiry: Does it make a dif- I guess my question is: Why, if this is that then is misrepresented as their po- ference whether I offer the point of just one element of that wall, on the sition on the underlying position con- order against the Ensign amendment resolution as it reaches the floor, tained in this amendment. to the risk of the budget resolution, would it be definitive relative to the With that, we have used as much even if it does not come back in con- conference report? time as we need on this amendment. ference? In other words, why doesn’t there Senator KERRY is next. Am I clear? Let me restate this. If have to be a series of amendments that The PRESIDING OFFICER. The Sen- the Ensign amendment does not come are corrosive in order to make the con- ator from Massachusetts. back from conference committee, does ference report privilege fatal? Why AMENDMENT NO. 732 the fact that I raise a point of order would one amendment make the con- Mr. KERRY. I thank the distin- make a difference? ference report fatal if it does not make guished Senator. The PRESIDING OFFICER. Not if the budget on the floor fatal, if the That was one of the more intriguing this does not come back from the con- Chair understands the question? half hours we have spent in the Senate ference committee. The PRESIDING OFFICER. The con- in a long time. I might add, it is sort of Mr. CONRAD. Well, I wish to say this ferees would have the opportunity, interesting that we are haggling about to Senator ENSIGN straight from the upon reflection, to remove corrosive an amendment which raises one of shoulder. I intend to support the matter from the conference report. those great red herrings on the subject amendment. I ask other colleagues to Mr. GREGG. I think my question of global climate change and cap and support the amendment because it is was, to make it more succinct, if this trade because we already have a cap- clear to me it will not be fatal to the were the only corrosive matter in the and-trade system in America. It is not privileged status of the budget resolu- conference report and since it was not an automatic tax increase. It is not tion if it does not come back from con- fatal to the budget resolution as a sin- going to, if properly structured, result ference committee. gle corrosive matter on the floor, why in a tax increase. We like to tilt But let me say this to the Senator would it be fatal to the conference re- against goblins around here sometimes. very clearly: There is no way it is com- port? Why isn’t the conference report This is one of those amendments that ing back from conference committee. I something that is subject to the same do that in a very political way. am not going to put the entire budget test of corrosiveness as the budget res- I ask that amendment No. 732 be resolution at risk for that. olution is on the floor? called up. Mr. ENSIGN. Mr. President, one last The PRESIDING OFFICER. The con- The PRESIDING OFFICER. The comment. We clearly established that ferees would have the ability to reflect clerk will report. even if it was in the budget resolution, on the appropriateness of the matters The assistant legislative clerk read coming back from conference it would sent to them. as follows: require 60 votes at that point if some- Mr. GREGG. So is the Chair saying The Senator from Massachusetts [Mr. body raised the question of its privi- that it is possible—more than theo- KERRY], for himself, Mr. LUGAR, Mr. LEAHY, leged status. If that was the case, it retical but possible—that this amend- Mr. VOINOVICH, Mr. DURBIN, Mr. KAUFMAN, would require 60 votes, and there it ment in the conference report would Mr. MENENDEZ, Mr. DODD, Mrs. FEINSTEIN, would require bipartisan participation. not be fatal to the conference report’s Mr. BROWN, Mr. SANDERS, Mr. LIEBERMAN, I guess bipartisanship around here privilege but would simply be corrosive Mr. CASEY, and Mr. CORKER, proposes an means it is fatal. of that privilege and that the con- amendment numbered 732. Mr. CONRAD. Well, I would say this. ference report could retain its privilege Mr. KERRY. I ask unanimous con- Let’s deal with the reality. The reality with this amendment in it, that that is sent that reading of the amendment be is, I do not remember a budget resolu- a possibility? dispensed with. tion around here that has gotten 60 The PRESIDING OFFICER. A very The PRESIDING OFFICER. Without votes. So to make the privileged status remote possibility. objection, it is so ordered. fatal, to be fatal to the privileged sta- Mr. GREGG. But not theoretical? The amendment is as follows:

VerDate Nov 24 2008 02:05 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.012 S01APPT1 smartinez on PROD1PC64 with SENATE S4118 CONGRESSIONAL RECORD — SENATE April 1, 2009 (Purpose: To restore full funding for the assistance, civic action, and economic recon- Middle East, in Egypt and Jordan and President’s request for the international struction and development. in the West Bank and Israel and Syria, affairs budget, in support of development The other day, I was told the story of Lebanon. I saw firsthand the degree to programs in Pakistan and Afghanistan, nu- our National Security Adviser, former which people we support in many ways clear nonproliferation, foreign assistance, are struggling to push back against fighting global AIDS, promoting sustain- Marine Commandant Jim Jones, who able development, and other efforts, with was commenting how we have power- enormous spending by Iran and other an offset) ful, enormous ships off the shores of actors who seek to destabilize the re- On page 10, line 20, increase the amount by Lebanon, but Hezbollah is building gion. If the United States talks about $4,000,000,000. schools and building homes and win- democracy and doesn’t support people On page 10, line 21, increase the amount by ning the hearts and minds of people in in the same way the people trying to $1,896,000,000. that divided and volatile country by disrupt it do, we lose our credibility On page 10, line 25, increase the amount by doing so. In effect, he described a situa- and, more importantly, we walk away $1,104,000,000. tion where, as powerful as our military from people who are literally putting On page 11, line 4, increase the amount by is, we are not able to win the contest their lives on the line to live up to the $476,000,000. standards we have set and the beliefs On page 11, line 8, increase the amount by for ideas at the center of security issues today. we have espoused so powerfully. $272,000,000. It is extraordinary to me that the On page 11, line 12, increase the amount by Secretary of State Hillary Clinton, $116,000,000. our former colleague, testified in her funding for the Department of Defense On page 27, line 23, decrease the amount by confirmation the following: today, with all of these restraints we see on its ability to achieve our goals, $4,000,000,000. The relatively small but important On page 27, line 24, decrease the amount by amount of money we do spend on foreign aid as powerful as we know it is and as $1,896,000,000. is in the best interests of the American peo- much as we admire the sacrifices and On page 28, line 3, decrease the amount by ple and promotes our national security and the extraordinary capability of our $1,104,000,000. advances our interests and reflects our val- modern military—the fact is, we spent On page 28, line 7, decrease the amount by ues. over half a trillion dollars on it. Then $476,000,000. in 2008, the Army added about 7,000 sol- On page 28, line 11, decrease the amount by When our soldiers and generals join $272,000,000. our top diplomats in demanding in- diers to the total. I supported that. I On page 28, line 15, decrease the amount by creased civilian capacity and increased believed we needed to do that to relieve $116,000,000. civilian funding, even in the midst of pressure on the current deployments. Mr. KERRY. Mr. President, over the this economic crisis, that is when you But 7,000 soldiers is more people than first 9 years of this new century, we know there is not only a growing conserve in the entire Foreign Service have learned a lot about national secu- sensus, there is a sense of urgency be- every year all the time. The fact is, rity. We learned the hard way in 2001. hind the strengthening of our civilian 1,100 Foreign Service officers could be Since then, with two wars, one in Af- mission. hired for the cost of a single C–17 mili- ghanistan and one in Pakistan, and We just had an elaborate, long period tary cargo plane, and $4 billion, which also with the global economic crisis we where I think three studies were com- is what we are looking for here, is less face today, we understand the degree missioned by President Bush, and then than 2 percent of what the Government has given to AIG over the course of the to which in a globalized world our President Obama recommissioned an- last year and a half. problems are interconnected. Ulti- other evaluation of what is happening This is a vital context to put this dis- mately, our security is interconnected. in Afghanistan and Pakistan. It is clear that we cannot achieve our objec- cussion into. We have to decide around We are currently endangered by weak here what is really important to us. states and failed states as well as by tives unless we have the kind of robust budget in the foreign affairs account What really makes a difference to the strong states because those weak and security and safety of the American President Obama asked for. Regret- failed states become places where ter- people? The President requested $53.8 tably, that is not what the budget reso- rorism can flourish. We are endangered billion in this year to fund next year’s lution currently calls for, even when also by diseases that know no borders, budget. That is an increase of 8 percent we add the supplemental budgets to it. by climate change half a world away. over last year’s funding level of 49.8. We are endangered when we allow It falls about $4 billion short from the Why is this so important? Well, first chaos and crisis to create conditions $53.8 billion the President asked for. of all, let me put this in context, if I for ideologies of radical hatred and vio- I believe that returning diplomacy can. The total request of the President lence to take root. and development to their rightful place for this entire context of America’s se- It is clear to all Members, who are, is not going to be achieved by talking curity comes to about 1.4 percent of all of them, no matter what committee about it. It is going to take money to our whole budget. In fact, if you break on which they serve, forced to think drive civilian foreign policy. If it keeps out the entire national security budg- hard about how to protect our country, us safer, and it is the consensus of our et, which is our defense, homeland se- that it requires a lot more than just a military and our diplomats that it does curity, all the components of security, strong military in order to provide that, then that is money well spent. you are only talking about 6.8 percent that protection. It requires, above all, Full funding of the President’s inter- of the entire national security budget in this new world in which we live, a national affairs budget is a vital step of our country for some of the most im- strengthened commitment to diplo- toward greater civilian capacity. portant things that prevent people macy and to development. To put this I urge colleagues to support this from becoming terrorists or from being as simply and as bluntly as possible, amendment. Senator LUGAR, Senators able to engage in their terrorist acts that is why passing a robust foreign af- LEAHY, VOINOVICH, DURBIN, KAUFMAN, with impunity. fairs budget is a matter not only of MENENDEZ, DODD, FEINSTEIN, BROWN, Some people try to assert that the America’s world leadership but also of SANDERS, LIEBERMAN, CASEY, and CORK- President’s request has increased 41 our practical national security at ER have all joined together to cospon- percent from last year’s total of $38 bil- home. sor this amendment. We ask for the ap- lion. Let me say very clearly, right I call to the attention of my col- proval of the Senate to add $4 billion now, that is not accurate. The figure of leagues the words of Secretary of De- worth of funding to the President’s fis- $38 billion does not include last year’s fense Bob Gates spoken almost a year cal year 2010 international affairs budg- supplemental appropriations. And and a half ago in Kansas where he gave et request for the function 150 account. those supplemental appropriations a speech while serving as President There is an offset. The offset that raised the total to about $50 billion. Bush’s Secretary of Defense. What he would pay for this transfer would come What President Obama did was break said there is the following: from the function 920 account. the practice of past Presidents of send- What is clear to me is that there is a need The reality is that we are just not ing in a phony half budget or a three- for a dramatic increase in spending on the ci- doing enough today to invest in the quarter budget and then we do the rest vilian instruments of national security—di- vital components of both diplomacy of it through the supplementals. He de- plomacy, strategic communication, foreign and development. I was recently in the cided the American people ought to see

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.005 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4119 it as it is, they ought to know what we of America’s friendship. Imagine a na- to be very clear about that. I am con- are doing, we ought to make the re- tion in which Osama bin Laden and the cerned that other parts of the budget quest we need. So he put in the request leadership of al-Qaida have found sanc- are being asked to take reductions for the $53 billion because that is, in tuary for the past 7 years—a haven from the President’s request and now fact, reflecting what we actually spent from which they and their confederates international will not. So I want to say last year, plus what we need to do for have plotted and carried out attacks on I find that troubling. Afghanistan and Pakistan in this year. their host country, on neighboring I understand absolutely the sub- This is a more straightforward way of countries, and on sites around the stance of the argument the Senator is doing business, frankly. Rather than globe. That nation can serve as a key- making, and he is right to make it. He hiding the amount of money or mas- stone for a new, cooperative relation- is chairman of the Foreign Relations saging the spending figures by tucking ship between the Western and Muslim Committee. But I do hope colleagues extra spending into the supplemental worlds, or, if we do not do our job, it think carefully about kind of the eq- bills, President Obama has been up could become an epicenter for radi- uity of the burden here—the equity of front and open, and he has put it into calism and violence on a cataclysmic the burden. one bill and says: Here is what I need. scale. The second thing I want to say with That is why my colleague, the chair- So I believe we are at a critical cross- respect to this amendment is that it man of the Budget Committee, who la- roads, and we need a bold new strategy uses a 920 offset. We came out of the bors unbelievably hard under these dif- for Pakistan. Our current path has not committee with about $7 billion in sav- ficult circumstances to make all this brought success, and tinkering around ings in 920. That is general overhead of work—and I respect him enormously in the margins is absolutely guaranteed all of the agencies; in other words, it is those efforts—has praised President to fail. That is why President Obama across the board, goes to their travel Obama’s approach in this openness. has called on Congress to pass the En- accounts, goes to their overhead ac- So the real question is sort of, What hanced Partnership With Pakistan Act counts. Could we take somewhat more is this $4 billion going to get us? What that Senator LUGAR and I will intro- in 920? Yes, but not much more. is the difference it is going to make? duce very soon that authorizes up to We came out of the committee at $7 First of all, we have a vital new pack- $1.5 billion annually in order to help billion. I have always tried to stay at age the President announced yesterday shape this new relationship with Paki- about $10 billion in 920. This would that Senator LUGAR and I will be intro- stan. take us to $11 billion. So I am troubled ducing in a few days to provide addi- We also might mention again the im- by that as well. tional assistance for Pakistan and Af- portance of standing up with respect to With that said, I do not intend to op- ghanistan. The $4 billion is going to Iran. When you look back at what hap- pose this amendment, but I do find it help build civilian capacity and put our pened in the war with Israel and Leb- troubling on those two grounds: One, it diplomats back on the front lines of anon, the southern part of the country does affect the fairness of the distribu- American foreign policy. It will proof Lebanon was significantly damaged. tion of the pain, if you will, of the cut- vide lifesaving treatment for people Iran, using its surrogate Hezbollah, im- backs we have had to make; and No. 2, with HIV/AIDS and continue the pro- mediately painted flags on the houses— it adds to the section 920 offsets in a gram that was perhaps the single most their flags, Hezbollah flags—and essen- way that, to me, takes it a little past successful program of the Bush admin- tially asserted: Don’t worry, we are the realm of what is reasonable. But istration, which is the PEPFAR efforts here, and we are going to rebuild this. with that said, I do not intend to opin Africa. This $4 billion will help So last year both parties came to- pose this amendment or ask colleagues make people all over the world safer gether. We had 73 votes to pull to- to vote against it. and in the process help keep America gether, in addition to the budget, to I yield the floor. safer. provide $48 billion over 5 years. Today, Mr. President, Senator CORNYN is Ultimately, these kinds of efforts are it is imperative that we fund these pro- next. Senator CORNYN has another one the key to the strategy in Afghanistan. grams, and I ask my colleagues for of these corrosive amendments. I told Our on-the-ground ability to be able to their support for this amendment. Senator CORNYN, this is the third year win, hold, and build is the whole strat- The PRESIDING OFFICER. Who he has offered a corrosive amendment, egy to be able to win people back over yields time in opposition to the amend- that he is very much in danger of being to us and prevent the Taliban from ment? dubbed ‘‘Corrosive CORNYN.’’ I hope he supplanting or filling the vacuum that The Senator from North Dakota. takes that with the good humor it was currently exists. Mr. CONRAD. Mr. President, when intended. We need to reverse years of neglect in the Senator approached me about this The PRESIDING OFFICER. The Sen- those two countries. Pakistan has nu- yesterday, I told him I would strongly ator from Texas. clear weapons. We just saw the other oppose this amendment. I told him Mr. CORNYN. Mr. President, I appre- day an attack on police recruits in the that because this has been hard to put ciate the new moniker the distin- heart of Pakistan itself—not out in the together, and we have tried to have an guished chairman of the Budget Com- Fatah or in Baluchistan or the areas equal sharing of sacrifice between all mittee is trying to confer on me, but I we know are harder to control. So we of the spending elements of a budget. would say it is not warranted for a see that insurgency with a message We have tried to do it with respect to number of reasons. The chairman has a clearly sent that they can act with im- domestic spending, defense spending. great sense of humor, which I appre- punity. So it is critical for the United We have tried to do it with mandatory ciate sometimes and not as much on States to step up and show President spending. And international is a com- other occasions. Zardari and the Government of Paki- ponent of the discretionary side of the AMENDMENT NO. 806 stan, who are courageously trying to budget, so we thought it would only be Mr. President, I ask unanimous con- forge forward with their youthful de- fair that they be asked to make a consent to set aside the pending amend- mocracy, that, in fact, we are sup- tribution. ment and to call up my amendment No. portive and we are there to help them. When I told the Senator yesterday 806 and ask for its immediate consider- I ask my colleagues to imagine a na- that I would strongly resist this ation. tion as populous as Iraq, Afghanistan, amendment, I did not know, I was not The PRESIDING OFFICER. Without and North Korea combined, a nation aware, he had an offset for that amend- objection, it is so ordered. with a full arsenal of nuclear weapons ment, and that does alter the situa- The clerk will report. and ballistic missiles capable of deliv- tion. That makes it more palatable be- The assistant legislative clerk read ering them anywhere in a 1,000-kilo- cause we maintain the same bottom as follows: meter range. Imagine a nation with a line. The Senator from Texas [Mr. CORNYN] pro- population that is overwhelmingly But it does concern me that we are poses an amendment numbered 806. moderate, overwhelmingly committed upsetting the balance of what I think Mr. CORNYN. Mr. President, I ask to democracy and the rule of law, but is a fair distribution of the pain of the unanimous consent that reading of the deeply suspicious of its leadership and cutbacks we have had to make. I want amendment be dispensed with.

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.015 S01APPT1 smartinez on PROD1PC64 with SENATE S4120 CONGRESSIONAL RECORD — SENATE April 1, 2009 The PRESIDING OFFICER. Without decision and also the ramifications of ways to eliminate waste and fraud and objection, it is so ordered. any tax increase on small businesses. abuse in Government programs. We The amendment is as follows: Last month, I visited Tyler, TX. That know the Office of Management and (Purpose: To protect small businesses from is in East Texas, a midsized city of Budget has reviewed more than 1,000 higher taxes) over 100,000 people, where I had the Government programs and found 20 At the end of subtitle A of title III, insert chance to sit down and visit with local percent of them to be nonperforming. the following: business leaders, community leaders, Why don’t we look for ways to save SEC. . POINT OF ORDER ON LEGISLATION THAT about how the economy is going, unem- money by eliminating that waste and RAISES INCOME TAX RATES ON ployment rates—the things we could do nonperforming programs as opposed to SMALL BUSINESSES. here in Washington to perhaps make raising taxes on the chief job creators (a) IN GENERAL.—In the Senate, it shall not those businesses’ job-creation capa- in our economy? Raising taxes before be in order, to consider any bill, joint resolution, amendment, motion, or conference re- bility a little easier. I met with Don we eliminate wasteful spending or fix port that includes any provision which in- Thedford, who 30 years ago opened a the ones that are broken is the wrong creases Federal income tax rates. business called Don’s TV and Appli- signal to our No. 1 job creators. (b) DEFINITION.—In this section, the term ance. He did that 30 years ago with just I share the chairman’s concern, of ‘‘Federal income tax rates’’ means any rate one other employee; in other words, course, about the debt. In fact, I of- of tax imposed under subsection (a), (b), (c), there were just two of them. Today, fered an amendment in the Budget (d), or (e) of section 1, 11(b), or 55(b) of the In- Don’s business has 50 employees who Committee that would have reduced it ternal Revenue Code of 1986. sell and service appliances and elec- by more than $55 billion but, unfortu- (c) WAIVER.—This section may be waived nately, it was defeated by a party-line or suspended in the Senate only by an af- tronics. firmative vote of three-fifths of the Mem- Don was able to grow his business vote. But with concerns that families bers, dully chosen and sworn. early in this decade in part because of and small businesses have about the (d) APPEALS.—An affirmative vote of three- the tax relief we passed in 2001 and economy, now is not the time to in- fifths of the Members of the Senate, duly 2003. Since 2000, Don has hired eight ad- crease taxes. chosen and sworn, shall be required to sus- ditional workers to install and deliver As former Chief Justice John Mar- tain an appeal of the ruling of the Chair on appliances, seven more service techni- shall noted, ‘‘The power to tax is the a point of order raised under this section. cians, six more clerical workers, four power to destroy.’’ We should not use Mr. CORNYN. Mr. President, my col- more sales people, and two more in this power to destroy small businesses leagues, when they listen to what my management. So this is the kind of job such as Don’s. amendment does, are going to experi- creation we love to see: 30 years ago, For this reason, I ask my colleagues ence a sense of deja vu. As the chair- two people; now 50 people working pro- once again to sign on to this amend- man says, we have been here before. As ductively in this small business. Don ment and to join me in voting with the a matter of fact, 2 years ago, when I of- has also added a new retirement plan same sort of bipartisan support that we fered this amendment, which would for all of his employees, in addition to have enjoyed the past two times this create a budget point of order requiring the health benefits he has offered to his amendment has been offered and pass it as a statement of this body that we 60 votes for any legislation that would employees for years. raise taxes on small businesses—a cou- As have many small businesses in are going to be extra careful and take ple years ago—we got 63 votes for that this recession, he has seen his sales fall extra precautions and look for alter- amendment, including these Demo- off. Of course, when families aren’t natives before we end up raising taxes crats, as shown on this chart, folks on buying and selling as many homes, on small businesses because that would the other side of the aisle, making this there is less demand for appliances and be exactly the wrong prescription for a truly bipartisan proposal. Two years electronics. Higher taxes would force what ails this economy. Finally, let me say I know the con- ago, when we had the same amendment Don, as well as other small businesses, cerns the Budget chairman, the bill offered, we had a little bit different to lay off some employees he has hired manager, has on the privileged nature group, but 58 Senators, representing a and scale back on some of the benefits bipartisan majority of the Senate, be- of this budget resolution. But I suggest he has offered, including health care. to him that this is something that if lieved it was a correct move to limit We know more than half of the small the amendment is passed, he can take this Congress’s ability to raise taxes on businesses with 20 or more employees up, and the conference committee can small businesses. will get hit with a tax increase under take up and modify the amendment I know the chairman has raised this President Obama’s budget proposal. We while retaining its essential core prin- issue of corrosive but not fatal to the also know, as I indicated earlier, small ciples and eliminate the concerns the privileged status of the budget resolu- businesses create a majority of the net Parliamentarian has voiced about this tion, and I have some answers. We have new jobs we have seen over the past being corrosive, if not fatal, to the corresponded with the Parliamen- decade, and two-thirds of those jobs privileged nature of the budget resolu- tarian, and he has been good to give us were created by businesses similar to tion. some guidance, and I think there is a those that are now threatened by a pro- So it is my hope, when we have an pathway for us to move forward for the posed tax increase. Given the adminis- opportunity to vote on this, that we conference committee to consider this tration’s stated goal and, indeed, our will get a strong bipartisan statement amendment and to perhaps modify it in stated goal—I don’t know any Member out of the Senate that we are not going the conference and yet sustain its via- of the Senate who doesn’t come to the to raise taxes on small businesses with- bility as a budget point of order for a floor and say we need to help our em- out at least the deliberation required tax increase on small businesses. ployers create and certainly, at least, and the overwhelming vote of 60 Sen- Why are we focusing on small busi- retain the jobs they have in this down ators to do so because it would be ex- nesses? Well, almost 400,000 small busi- cycle—I am left wondering why anyone actly the wrong thing to do in this eco- nesses in Texas, my State, employ would oppose this budget point of order nomic downturn. about 4 million people. Frankly, as the that would make it harder to raise Mr. President, I yield the floor. chief job-creation engine of our coun- taxes on small businesses because I The PRESIDING OFFICER (Mr. try, small businesses disproportion- know we all appreciate, intuitively and CASEY). The Senator from North Da- ately add to the job creation in our otherwise, that raising taxes on small kota is recognized. country, and I think it would do noth- businesses would be counterproductive Mr. CONRAD. Mr. President, this ing but destroy or certainly impair to our ultimate goal of job creation. amendment creates the same issue the their ability to continue to create jobs I have said this every time I have of- previous amendment created, the En- in this country by raising taxes on fered this amendment—and now it is sign amendment, and that is because it small businesses. So I think it is appro- the third time—that this point of order is overly prescriptive in terms of the priate, before we do, that we have an is an insurance policy when Congress Finance Committee, it puts at risk the extra hurdle—at least 60 votes—to decides to look at the pocketbook of privileged status of the budget resolu- waive any budget point of order to small business owners such as Don for tion. So I wish to make a parliamen- make us consider the seriousness of our more money instead of looking for tary inquiry.

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.015 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4121 The PRESIDING OFFICER. The Sen- States in the Guard and Reserves. The role in making sure other members of ator will state the inquiry. rising price of higher education, in- their units are qualified and ready to Mr. CONRAD. Parliamentary increases in the interest rates on student deploy. quiry: If this amendment were adopted loans, and the limited earnings ability They are the police officers, the doc- but not brought back from conference of those with only high school creden- tors, the schoolteachers, the mayors, committee, would the privileged status tials make educational benefits a pri- and the neighborhood pharmacists in of the budget resolution remain intact? mary means of investing in our future. communities across our Nation. The PRESIDING OFFICER. It would. During tough economic times, they Providing enhanced Selected Service Mr. CONRAD. I thank the Chair. I may also face increased competition GI bill benefits makes an investment in thank the Parliamentarian. for financial aid dollars as our colleges these men and women who are not only Mr. President, we have Senator LIN- and universities see more applicants. holding up the economies in our local COLN who will be on her way momen- As we know, an increasingly com- small communities across the States in tarily, and I note the absence of a petitive job market encourages more this great Nation, but they are also quorum. high school graduates to pursue higher willing to serve in a military fashion The PRESIDING OFFICER. The education rather than risk finding sta- that is much needed to back up those clerk will call the roll. ble employment. At the same time, men and women who are deployed. It The assistant legislative clerk pro- more working adults are going back to also enhances the GI bill to more effec- ceeded to call the roll. school to gain additional skills to tively serve as a recruitment and re- Mrs. LINCOLN. Mr. President, I ask make them more marketable. We want tention tool for our Armed Forces. unanimous consent that the order for to encourage our Guard and Reserves, Ultimately, it enhances our Nation’s the quorum call be rescinded. and we want to encourage our Selected competitiveness through the develop- The PRESIDING OFFICER. Without Reservists to take advantage of edu- ment of a more highly educated and objection, it is so ordered. cational opportunities to further their productive workforce. AMENDMENT NO. 775 positions in the Guard and Reserves As the daughter of a Korean war vet- Mrs. LINCOLN. Mr. President, I will but also to be able to further their po- eran, who was an infantryman, I was soon call up amendment No. 775, which sitions in business and in industry and taught from an early age about the is one of the amendments I filed on the where they are going to be working in sacrifices our troops have to make to budget. our communities. keep our Nation free. I have been This is a simple amendment. It is to Last year, Congress made a tremen- grateful all my life, and continue to be, ask that we make an investment that dous investment in our men and as my colleagues are, for the service of would reflect our Nation’s commitment women in uniform by passing a 21st so many of our brave men and women, to the men and women serving in our century GI bill that greatly expanded particularly from Arkansas and cer- Nation’s Selected Reserve. GI bill benefits and made college more tainly across the Nation. The amendment I offer with Senators affordable for servicemembers and vet- I urge my colleagues to support this CRAPO and KLOBUCHAR would create erans. amendment. It is the least we can do room in the budget to ‘‘enhance future Senators WEBB, AKAKA, and others for those to whom we owe so much and GI Bill benefits for members of the Na- deserve our gratitude for their tremen- to reassure future generations that a tional Guard and Reserve by ensuring dous leadership on that issue. grateful nation will provide for them those benefits keep pace with the na- For Active-Duty servicemembers and should they devote themselves to serv- tional average cost of tuition.’’ Reservists called to Active Duty for ing our Nation in uniform. Since its inception in 1984, the Se- more than 90 days, these benefits will I appreciate the time I have had lected Reserve GI bill has served as an be absolutely critical. today to bring up this amendment. I important tool for recruiting young My State of Arkansas has recently look forward to being able to talk on men and women into the National welcomed home over 3,000 National other amendments when the time is Guard and Reserves. Those who ini- Guardsmen from a 1-year tour in Iraq. available. tially join for 6 years are automati- For many of them, it was their second Mr. President, at this point, under cally entitled to these benefits and the tour in just 3 years. I am proud we will the previous order, I ask unanimous current monthly rate of $329 for full- be providing them with education bene- consent that the pending amendment time study and training. fits that are more commensurate with be set aside in order to call up my Unfortunately, however, Selected Re- their increased service to our great Na- amendment No. 775. serve GI bill benefit rates are simply tion. The PRESIDING OFFICER. Without not reflective of the critical role One of the provisions of the newly en- objection, it is so ordered. guardsmen and reservists play in to- hanced GI bill will tie the Active-Duty The clerk will report. day’s military. Since September 11, GI bill rate to the national average The bill clerk read as follows: 2001, these benefits have increased an cost of tuition. The Senator from Arkansas [Mrs. LINCOLN] My amendment would simply create average of less than 3 percent each on behalf of herself, Mr. CRAPO, and Ms. year. budget room to do the same thing for KLOBUCHAR, proposes an amendment num- As so many people know, the Guard, the Selected Reserve GI bill. Therefore, bered 775. Reserve, and Selected Reserve are when the national average cost of tui- Mrs. LINCOLN. Mr. President, I ask doing a tremendous duty now that is tion increases, Selected Reserve GI bill unanimous consent that reading of the much different than what it was pre- rates would increase by the same per- amendment be dispensed with. 9/11. centage, making sure they keep up as The PRESIDING OFFICER. Without They have also not kept pace with we move forward, as opposed to contin- objection, it is so ordered. the Active-Duty GI bill benefit in- ually falling behind in their percentage The amendment is as follows: creases—plunging in value from the rate toward educational benefits for (Purpose: To enhance future GI Bill benefits historic benchmark of 48 percent of the the Selected Reserve. for members of the National Guard and Re- Active-Duty GI bill to just 25 percent This required increase is very mod- serve by ensuring those benefits keep pace today. est. Yet it would send a powerful mes- with the national average cost of tuition) By failing to make an appropriate in- sage to the men and women serving in On page 41, line 24, insert after ‘‘Indemnity vestment in the men and women of our our Nation’s Selected Reserve. Compensation,’’ the following: ‘‘enhance National Guard and Reserves, this Our military simply could not func- servicemember education benefits for mem- trend sends a very poor message that tion without them—particularly in to- bers of the National Guard and Reserve by the Reserve component is being de- day’s world. While those who are acti- ensuring those benefits keep pace with the valued. vated and sent overseas deserve our ut- national average cost of tuition,’’. Given the current economic climate, most respect and gratitude, we must Mrs. LINCOLN. Mr. President, I yield it is imperative we make a greater in- also not forget the thousands of men the floor. vestment in these fabulous men and and women at armories and bases all The PRESIDING OFFICER. The Sen- women who serve us from each of our across our States who serve a critical ator from North Dakota is recognized.

VerDate Nov 24 2008 02:05 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.017 S01APPT1 smartinez on PROD1PC64 with SENATE S4122 CONGRESSIONAL RECORD — SENATE April 1, 2009 Mr. CONRAD. Mr. President, I thank who open their homes to foster chil- I call on my colleagues to join me in the Senator for her amendment. It is a dren to embrace and love them and to this effort to make sure we recognize very well-thought-out amendment. We give them a home, are struggling as that in these difficult economic times, appreciate her raising it and it will be much, if not more than, anybody else, we have multitudes of good American in order. and their ability to open their hearts families, hard-working families who I suggest the absence of a quorum. and homes is being restricted by this want to do what is right, who want to The PRESIDING OFFICER. The economy. reach out and help these children who clerk will call the roll. With nearly 25 percent of families need a loving home. We need to provide The bill clerk proceeded to call the leaving the system each year, we sim- the help in order for them to do that. roll. ply cannot sustain these losses. In my Mr. President, I yield the floor. Mr. CONRAD. Mr. President, I ask State of Arkansas, we are grateful for The ACTING PRESIDENT pro tem- unanimous consent that the order for our 1,200 foster families, but we des- pore. The Senator from New Hamp- the quorum call be rescinded. perately need more to cover the num- shire. The PRESIDING OFFICER. Without ber of children in need. Mr. GREGG. Mr. President, before objection, it is so ordered. Given the current economic climate, the Senator leaves the floor, we would Mr. CONRAD. Mr. President, I know many of these parents, most of whom be amenable to taking both of the Sen- the Senator from Arkansas has a sec- are low- to middle-income families, ator’s amendments by unanimous con- ond amendment. It is not formally in have experienced tremendous difficul- sent if she is amenable to that. the queue, but she is free to talk about ties maintaining employment and pro- Mrs. LINCOLN. Absolutely. How it at this time. I am happy to yield her viding for their families. That makes grateful. time to do that—to talk about it at them even more hesitant to take on Mr. GREGG. Has the Senator called this time but not call it up. the additional responsibilities of caring up her second amendment? I suggest The PRESIDING OFFICER. The Sen- for a foster child. This problem will she call it up. ator from Arkansas is recognized. only exacerbate unless we do some- AMENDMENT NO. 774 Mrs. LINCOLN. Mr. President, I wish thing to stem the tide. Mrs. LINCOLN. Mr. President, I be- to thank the chairman of the Budget My amendment would allow for ini- lieve under the previous order I need to Committee and the ranking member, tiatives, such as the grant program also ask unanimous consent that the Senator GREGG, for being so thoughtful provided under the Resource Family pending amendment be set aside in in this debate. I continue to especially Recruitment and Retention Act, a bi- order to call up my second amendment, compliment the chairman on coming partisan bill I have introduced with six which is amendment No. 774. up with an incredible balance in the of my Senate colleagues. The ACTING PRESIDENT pro tem- budget, having worked so hard to re- Specifically, this grant program pore. Without objection, it is so or- flect what so many of us want to see would provide States more opportuni- dered. The clerk will report. and the President’s priorities. I think ties to develop innovative methods of The bill clerk read as follows: he has has done a remarkable job fo- education and support for resource The Senator from Arkansas [Mrs. LIN- cusing on the priorities that many of families. COLN], for herself, Ms. COLLINS, and Ms. us and the President feel are very im- Among other demonstration projects, LANDRIEU, proposes an amendment numbered portant to focus on now and to do it it would also allow States to establish 774. with such a fiscally responsible as well peer-to-peer support and mentoring The amendment is as follows: as a very balanced approach. I think he groups; programs to provide foster fam- (Purpose: To provide a deficit-neutral has reached a tremendous balance. I ilies with reliable and accessible res- reserve fund for improving child welfare) applaud him and his staff and all those pite care to help them avoid burnout. At the end of title II, add the following: who have worked on this budget. I do We are seeing, as they put more and SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR believe they have come up with a good, more of their resources and energies IMPROVING CHILD WELFARE. sound proposal, something that reflects and more and more of their hearts and The Chairman of the Senate Committee on the Budget may revise the allocations, ag- so much of what we want to see hap- souls into wanting to reach out to fos- gregates, and other levels in this resolution pening in this great country. ter children and bring them into their by the amounts provided by one or more I rise to support an amendment that homes, a tremendous amount of burn- bills, joint resolutions, amendments, mo- I will be offering, which is filed, but I out. We also want to train them to care tions, or conference reports that would make will bring it up later. It will be offered for children with special needs, which improvements to child welfare programs, in- on behalf of approximately 500,000 fos- is, again, a growing need among foster cluding strengthening the recruitment and ter children across our Nation, and the children. retention of foster families, or make im- foster, kinship, and adoptive parents As lawmakers, it is our role to honor provements to the child support enforcement who play such a crucial role in their the critical role that foster families program, by the amounts provided in that legislation for that purpose, provided that lives. play in the lives of foster youth and such legislation would not increase the def- My amendment would create room in provide them with the services and the icit over either the period of the total of fis- the budget for making improvements support they need. Foster children seek cal years 2009 through 2014 or the period of to our child welfare system and specifi- nothing more than a safe, loving, and the total of fiscal years 2009 through 2019. cally for additional efforts to recruit permanent home, and resource families Mr. GREGG. Mr. President, I ask and retain more foster families. often help address this need. By unanimous consent that the two I am so grateful to be joined in this strengthening efforts to recruit and re- amendments recently called up by the effort by Senator COLLINS from Maine tain these families, we also enhance Senator from Arkansas be agreed to. and Senator LANDRIEU from Louisiana, our best tool to recruit other families The ACTING PRESIDENT pro tem- who have long been tremendous advo- and retain prospective adoptive re- pore. Without objection, it is so or- cates on behalf of our Nation’s foster sources. dered. The amendments are agreed to. children. As Members of this body, we have an The amendments (Nos. 774 and 775) As we all know, our States face ongo- obligation to do right by those we rep- were agreed to. ing challenges in recruiting and retain- resent each and every day. We also Mrs. LINCOLN. I thank my col- ing families to care for children in our have a moral obligation to do every- leagues. foster care system. Tragically, while thing we can on behalf of the most vul- Mr. CONRAD. I thank the Senator. I the number of children coming into the nerable in our society. thank our colleague, the ranking mem- system has increased in recent years, For the over 500,000 children who are ber, as well. the number of foster families has in foster care today, and many more In terms of the unanimous consent steadily decreased. All anybody has to who are headed into the foster care agreement, the next amendment is the do is look at the economy around us. system, the many thousands of fami- Gregg amendment? Working families are struggling. Un- lies who have provided them with the The ACTING PRESIDENT pro tem- fortunately, those hard-working fami- love and support they desperately need, pore. The Gregg amendment; that is lies, who are the diligent, giving souls it is the least we can do. correct.

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.019 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4123 Mr. CONRAD. Senator GREGG. ment. In fact, it is a very significant have an unfunded liability of $60 tril- Mr. GREGG. Mr. President, just to amendment if we are able to follow lion over their actuarial life. Mr. Presi- clarify the procedure, as I understand through on its purposes. It is some- dent, $60 trillion is a massive amount. it, we will go to my amendment which thing the chairman and I have worked The goal is to try to reduce that un- deals with a task force on how we deal on a great deal for a number of years. funded liability in a constructive way with entitlement reform, tax reform, I believe, and I think I speak correctly that allows the benefits to still be ro- and the amendment after that will be that the chairman believes, our prob- bust and reasonable, while the cost is Senator KYL’s amendment on health lems in this Nation relative to the cost affordable to the younger generation care rationing. Then I think we take a of the Government in the years to that has to pay those benefits through break. I am not sure about that, but I come, especially as we move into the their tax burden. believe there will be a break. Then full retirement of the baby boom popu- The reason we have chosen this pro- there will be a series of votes on the lation, are extraordinary; that we are cedure is that we have concluded that pending amendments. After the votes— facing massive amounts of expendi- if you put policy on the table initially, this is not in the form of a request; it tures to support the baby boom genera- if you say, OK, we are going to change is a statement of where we are—we will tion in retirement. this element of Social Security or this be going to Senator MCCAIN, who has As we know, the baby boom genera- element of Medicare or this element of an amendment. From there we still tion essentially doubles from 35 million tax law, there are constituencies in have not decided. to 70 million. The cost of the entitle- this city who immediately surround The ACTING PRESIDENT pro tem- ment programs that support that gen- you and start shooting at you for a va- pore. The Senator from North Dakota eration and others simply overwhelm riety of reasons. Some genuinely dis- is recognized. the ability of the Government to pay agree with the policy. Much of it is es- Mr. CONRAD. Mr. President, I note those programs and forces us into a sit- sentially the way Washington works. that we also have a Shaheen amend- uation where the debt of the Govern- There are a lot of constituency groups in the city that basically generate ment after the Kyl amendment. ment will overwhelm our children. Mr. GREGG. Correct. The discussion on this issue has been their revenues from the fact that they Mr. GREGG. Should we lock that in? broad and extensive in our Nation, car- are able to create concern amongst the Can I get the chairman’s attention? people who participate in their group. Can we lock in that order? ried forward in large part by a number of citizen groups which are totally And as a result of our putting a policy Mr. CONRAD. Mr. President, why on the table—somebody putting a pol- dedicated to trying to address con- doesn’t the Senator proceed. icy on the table—they try to use that structive action in this area, especially AMENDMENT NO. 835 as a mechanism to generate concern the Peterson Group, which is headed by Mr. GREGG. Mr. President, I ask the and raise money for their organization. clerk to report my amendment. I ask the former Comptroller General, David It has never worked. A lot of dif- unanimous consent to set aside the Walker. ferent people tried putting the policy This amendment is an attempt to pending amendment. on the table first. All that happens is start addressing that issue sooner rath- The ACTING PRESIDENT pro tem- everybody goes to their corners and er than later through a task force pro- pore. Without objection, it is so or- starts shooting away. What we have dered. The clerk will report. cedure. But it is not your typical task concluded is we should have a proce- The bill clerk read as follows: force. We have all seen commissions dure that drives the policy, and it is a The Senator from New Hampshire [Mr. and task forces. In fact, on these spe- procedure that leads to policy action. GREGG], for himself, Mr. MCCONNELL, Mr. cific issues—Medicare reform, Social So this task force, which will be ab- VOINOVICH, Mr. ALEXANDER, Mr. MARTINEZ, Security reform, and tax reform—we solutely bipartisan in its makeup, Mr. ENZI, and Mr. LIEBERMAN, proposes an have seen a lot of task forces. This is a would be required to report in a way amendment numbered 835. little different—substantially very dif- that is absolutely bipartisan, which is Mr. GREGG. Mr. President, I ask ferent. what is critical, so their report would unanimous consent that the reading of Essentially, what this does is create be seen and would be actually fair and the amendment be dispensed with. a task force which is bipartisan so bipartisan. We would have a series of The ACTING PRESIDENT pro tem- there can be no question about every- initiatives, of policies, which would pore. Without objection, it is so or- body being at the table and everybody then come to the Congress and have to dered. having a fair hearing of their views, be voted on with supermajorities. It The amendment is as follows: which involves the players who are in- would have to be voted on what is (Purpose: To establish a deficit-neutral re- volved in the decision process—Mem- known as fast track around here, where serve fund to address our Nations long bers of Congress and members of the there is no way to avoid voting on it term fiscal problems) administration. On page 49, between lines 3 and 4, insert and where you cannot hide behind The idea is to set up a procedure amendments. You actually have to the following: where that task force reaches agree- SEC. lll. DEFICIT-NEUTRAL RESERVE FUND TO vote up or down on the various policies ADDRESS OUR NATIONS LONG TERM ments, hopefully, on issues such as re- proposed by this task force. Then, of FISCAL PROBLEMS. forming Social Security, so we con- course, it would go to the President. He The Chairman of the Senate Committee on tinue to deliver high-quality Social Se- would have the right to veto it if he did the Budget may revise the allocations of a curity benefits to our retirees, reform- not like it, but it would get to the committee or committees, aggregates, and ing Medicare along the same lines so other appropriate levels and limits in this President because it would be a fast- people continue to get high-quality track event. It would lead to action on resolution for one or more bills, joint resolu- Medicare and health care who are re- tions, amendments, motions, or conference these core issues that are really at the reports that would authorize the creation of tired, reforming our tax laws so we ba- essence of our problems as a society a bipartisan task force to examine the long sically have the opportunity to make relative to going forward and being fis- term fiscal imbalances facing our Nation and sure we have a tax law that works for cally sound as a nation and also being directs the bipartisan task force to report, the Nation and produces the revenues able to take care of people who are re- with the majority approval of each partici- we need. tired and make sure our children have pating party, legislative recommendations It moves down the road, coming for- a nation they can afford and a govern- to address those imbalances, and provides ward with policy in all those areas so ment they can afford. It is a pretty sig- legislative fast track procedures to ensure a those programs, specifically the enti- vote on the legislative recommendations, by nificant step if we were able to pursue the amount provided in that legislation for tlement side—Social Security, Medi- this course. those purposes, provided that such legisla- care, and Medicaid—become either sol- I congratulate the chairman for tion would not increase the deficit over ei- vent over their actuarial life or move being a force on this issue for many ther the period of the total of fiscal years dramatically down the road toward sol- years. 2009 through 2014 or the period of the total of vency. That is basically the amendment, fiscal years 2009 through 2019. The problem we have is those three which essentially says we want to pur- Mr. GREGG. Mr. President, this is programs alone—Social Security, sue that course of action. It, unfortu- actually a pretty significant amend- Medicare, and Medicaid—presently nately, does not legally create this

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.022 S01APPT1 smartinez on PROD1PC64 with SENATE S4124 CONGRESSIONAL RECORD — SENATE April 1, 2009 event because that type of an action licans or vice versa. You could have all only need two of the six Republicans. would require legislation, and as those the Republicans and half the Demo- There would only be 6 of the 16 who who follow the budget process know, crats, and with that number, you could would be Republicans, and only 2 would the budget is not signed by the Presi- bring the matter to the Senate for a have to vote with the majority in order dent. It is a resolution; it is not a bill. vote. to report it, and that means that In order to execute on this, it would re- What has happened in the interval? doesn’t work. You don’t end up with bi- quire an actual piece of legislation Democrats have captured control of partisanship that way, I don’t think. signed by the President. But this the White House, as well as increased That is why a majority vote means you amendment makes a fairly definitive the numbers in the House and the Sen- would have to have four of the six Re- statement that this is the course of ac- ate. So now to have a requirement to publicans vote with it, and one pre- tion we need to get about doing. We do have a majority approval of each par- sumes that is not going to be the prob- need to get about doing it. We do need ticipating party I think is unreason- lem. Hopefully, all 6 and all 10—all 16— to. able. I think it is unreasonable and is will be voting for whatever the pro- I think it is a positive statement on not in keeping with the formula to posal is. a very critical issue. If we were to do which we had originally agreed. You can’t create a situation where this, if we were to actually pursue this Why is it unreasonable? Because Re- one side will be viewed as having the initiative on a task force as the chair- publicans don’t have a majority in the capacity to roll the other side within House or the Senate and don’t control man and I have talked about for a this task force. That is the opposite of the White House, yet all of a sudden it while, my goodness, we would be doing the purpose of a task force. That is takes a majority of them to agree on a good work for the American people. We why we went to this proposal. In fact, solution for our long-term fiscal prob- really would. We would be taking on the original concept was 16—8 and 8— lems. That just gives disproportionate what is so critical to making sure we back when the Democratic Party con- power to the minority, and a minority pass on to our kids a better nation. trolled the Congress and we controlled that is not only a minority in the I hope it will be supported. It has bi- the administration, and with the 8 and House and the Senate but a party that partisan support. My primary cospon- 8 split, it took 4 members of either does not control the White House ei- sors are Senators LIEBERMAN and party—half of either party’s member- ther. So I could not support that. If VOINOVICH. I have been working with ship on the task force—to vote for it. that were not part of this, I would have the chairman. Hopefully, he is reason- So that concept of having a commit- a different view because then it would ment of the membership from both ably comfortable with it. As we move be very much in line with what we sides to the bill—at least the majority down the road, hopefully we can ac- have talked about for several years. complish this. Let me go to the basic concept be- of both sides—is something we have ac- Mr. President, I ask of my time—not cause the basic concept I do support, tually had in the past. In any event, I would regret it if the at this point, but at some point down the basic concept being that we have to chairman opposes this because I think the road that is convenient to the have some special process in order to it will undermine our ability to move chairman and myself in the debate— address these long-term fiscal imbal- YL is here, that 5 minutes be reserved for the Sen- ances. You are never going to do it in forward. But I see Senator K ator from Ohio, Mr. VOINOVICH, so he a 5-year budget resolution. You can and he has the next amendment. Mr. CONRAD. Mr. President, just to can speak on this matter. make a downpayment there and you review the history, because I don’t The ACTING PRESIDENT pro tem- can certainly get going in the right di- agree with what was just described, in pore. Without objection, it is so or- rection, which I think we do in this our original formulation it was 16, and dered. budget resolution, but Senator GREGG, 14 were Members of Congress, with the The Senator from North Dakota. when he says you have to have a proc- majority in the Senate getting 4 Mem- Mr. CONRAD. Mr. President, this is a ess to get to a policy, I believe, is ex- painful moment for me because I sub- actly right. I don’t believe anybody bers, the minority 3; the same in the scribe to virtually every element of who leads with a policy is going to get House, the majority 4, the minority 3; what Senator GREGG is proposing, with an answer here. I believe it is going to two representatives of the administra- one exception. The exception is on page take a process to get there. But I think tion, which was then the Bush adminis- 2, this reference ‘‘in this resolution for it has to be a process that recognizes tration. That meant 16 in total—8 one or more bills, joint resolutions, the political reality of this moment in Democrats and 8 Republicans—and it amendments, motions, or conference time. At this moment in time, Demo- would take 12 to issue a report, 12 of reports that would authorize the cre- crats are in control of the White House the 16. That meant, at that time, that ation of a bipartisan task force to ex- as well as the House and the Senate. So you could have all Democrats and half amine the long term fiscal imbalances to put in a clause that the bipartisan the Republicans or all the Republicans facing our Nation and directs the bi- task force, in order to report, has to and half the Democrats. partisan task force to report, with the have majority approval of each partici- Now fast-forward to this year. In our majority approval of each participating party simply goes beyond what negotiations, despite the fact that our pating party. . . .’’ I have agreed to in the past or what I previous formula, instead of producing That is something to which I have could agree to now. So I would be con- an 8–8, would now produce 10–6 Demo- not agreed, could not agree. I think strained to object to the passage of this crats to Republicans because the that alters in a very significant way proposal as written. Democrats have just won the White the dynamic. Mr. GREGG. Mr. President, I would House and the White House was to have Senator GREGG and I embarked on just note on this number—because the two representatives, I agreed to alter this effort several years ago. At that number is important—that I disagree that and to go from 10–6 Democrats to point, with Republicans in control of with the logic here that the chairman Republicans to 9–6 Democrats to Re- the White House and Democrats in con- has put forth because the purpose is bi- publicans but still have 12 to report. trol of the House and the Senate, we partisanship. It is not that one party That would still mean you would have agreed to a formulation that the ma- controls the Government or the other to have at least half of the Repub- jority in the House would get four party controls the Government; the licans. If you had all the Democrats, Members, the minority three, the same whole purpose here is to get bipartisan- you would still have to have half of the in the Senate, four and three, and there ship so that the American people are Republicans. That, to me, is absolutely be two representatives of the adminis- confident that whatever this task force in keeping with what we had agreed to tration. That is 16 in total, and it reports is fair because this task force is previously, where there were 16, it would have been eight Democrats and going to have very significant author- would take 12 to report, and since there eight Republicans. ity and extra legislative authority, and were 8 Democrats and 8 Republicans, The problem that has happened it is not going to work unless people you would have to have at least half since—and it would take 12 of the 16 to are comfortable. the Republicans, or if you had all the report. That means you could have all Regrettably, under the format the Republicans, you would have to have at the Democrats and half the Repub- chairman is talking about, you would least half the Democrats.

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.023 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4125 So I could not agree, and I just think, ship and ensuring access to the highest which is a good comparison of what look, Democrats are never going to quality medical care is fundamental to happens when government makes these agree on a formulation, when they con- any health care reform effort. Com- kinds of decisions I am talking about. trol the Senate, they control the House parative effectiveness research can be Let me share one of those stories: of Representatives, and they control used to provide patients and doctors In March 2005, Shona Holmes began losing the White House, Democrats are never with information so that they may her vision and experiencing headaches, anx- going to agree that each party has to make informed health care decisions. iety attacks, extreme fatigue, and weight have a majority approval. I would For example, a study might compare a gain. An MRI showed that she had a brain never agree to that. I don’t think it re- drug versus a surgery and determine tumor. The government told her that she would need to wait months before she could flects the political reality that exists that the drug is just as effective or see a specialist about the brain tumor. By today. So I would reluctantly oppose even better at improving a patient’s June, her vision had deteriorated so severely it. quality of life. But without appropriate that she traveled to the Mayo Clinic in Ari- Mr. President, I think we are now at safeguards, the Government may mis- zona. The doctors told her that she needed the time that we could go to Senator use comparative effectiveness research immediate surgery to prevent permanent vi- KYL. as a tool to ration or deny health care, sion loss and potentially death. But the Ca- The ACTING PRESIDENT pro tem- and since private insurers tend to fol- nadian Government’s solution was more doc- pore. The Senator from Arizona is rec- low the Federal Government’s lead, tors’ appointments, more tests, more waiting time. Left with very few options, Ms. Holmes ognized. this has significant implications for all traveled back to Arizona and paid for her Mr. KYL. I thank the chairman, and patients. surgery out of her own pocket and had the I ask unanimous consent to lay aside The American Recovery and Rein- necessary surgery. the pending amendment for the pur- vestment Act of 2009—more commonly In the British health care system, we pose of offering an amendment. known as the stimulus bill—included have heard similar stories. They have The ACTING PRESIDENT pro tem- $1.1 billion for comparative effective- an entity called NICE, which actually pore. Without objection, it is so or- ness research, and it created a national does the rationing, but it is not so nice. dered. board called the Federal Coordinating Take the word of the British Govern- AMENDMENT NO. 793 Council to oversee that research. We ment Web site that describes the ra- Mr. KYL. Mr. President, at this time, all know the stimulus bill was written tionale for their rationing of health I call up amendment No. 793, relating quickly and passed quickly and unfor- care: tunately, because of the phrasing to comparative effectiveness research. With the rapid advancements in modern The ACTING PRESIDENT pro tem- there, we believe, could lead to unin- medicine, most people accept that no pub- pore. The clerk will report the amend- tended consequences. For example, licly funded health care system can possibly ment. nothing in the stimulus bill prevents pay for every new medical treatment which The legislative clerk read as follows: the Government from using the $1.1 bil- becomes available. The enormous costs in- lion to compare the cost of health care volved mean that choices have to be made. It The Senator from Arizona [Mr. KYL] pro- makes sense to focus on treatments that imposes an amendment numbered 793. treatments, even though the chairman of the Finance Committee tried to pre- prove the quality and/or length of someone’s Mr. KYL. Mr. President, I ask unani- life and,— vent that, nor would it prevent the mous consent that further reading of Secretary of Health and Human Serv- And I stress this part, Mr. Presi- the amendment be dispensed with. ices from using the research to deny dent—— The ACTING PRESIDENT pro tem- coverage of a health care treatment, or at the same time, are an effective use of NHS pore. Without objection, it is so or- reject a one-size-fits-all approach to resources. dered. medicine, or protect advancements in That is the national health care serv- The amendment is as follows: genomics and personalized medicine, or ice resources. They go on: (Purpose: To protect all patients by prohib- require the Government to consider Each drug is considered on a case-by-case iting the use of data obtained from com- differences in patient treatment re- basis. Generally, however, if a treatment parative effectiveness research to deny sponse or preferences, or account for costs more than 20,000 to 30,000 pounds— coverage of items or services under Federal And that is an equivalent of 28,000 to health care programs and to ensure that the unique needs of health disparity comparative effectiveness research ac- populations—frequently minority pop- 43,000 in U.S. dollars—— counts for advancements in genomics and ulations. per quality adjusted life year, then it would personalized medicine, the unique needs of Some may say: Oh, we will never ra- not be considered cost effective. health disparity populations, and dif- tion health care in America. Well, So in other words, the British Gov- ferences in the treatment response and the don’t take my word; take the word of ernment, not physicians and patients, treatment preferences of patients) our former colleague, Tom Daschle, sets the rules and makes health care On page 31, line 9, insert ‘‘does not curb who wrote a book. In his book, ‘‘Crit- decisions. And the British formula, in growth in health care spending by using data ical: What We Can Do About the Health U.S. dollars, is that an extra year of obtained from comparative effectiveness re- your life is estimated to be worth no search to deny coverage of items or services Care Crisis,’’ he recommends that the under Federal health care programs, ensures United States follow the lead of other more than $28,000 to $43,000. So if the that comparative effectiveness research ac- countries and use this cost-based re- treatment exceeds that, you are out of counts for advancements in genomics and search—the very research funded by luck. The Government decides whether personalized medicine, the unique needs of the stimulus bill—to limit patients’ ac- your treatment is an effective use of health disparity populations, and differences cess to care. And here is what he ac- its resources and puts a price tag on in the treatment response and the treatment knowledges in his book: what an extra year of your life is preferences of patients, and’’ after legisla- Doctors and patients might resent any en- worth. tion. croachment on their ability to choose cer- This budget lays the foundation for Mr. KYL. Actually, Mr. President, tain treatments, even if they are expensive doing precisely the same thing in the the amendment is about as long as it or ineffective compared to alternatives. United States. Our view and the took me to say that, but I will describe Well, you are darned right they public’s view is that the Government it nonetheless. might resent it. Think about this a mo- should not make these decisions. Only I hope this amendment will receive ment: Do you want Washington bu- patients, in consultation with their very strong bipartisan support because reaucrats, such as those who brought physicians, should make these kinds of the entire essence of it is to ensure you the AIG mess, making your health health care decisions about their lives. that nothing we have done so far here care decisions for you and your family? Those decisions should not be dic- will allow health care in the United The answer, of course, is no, no ration- tated by a formula based upon Govern- States to be rationed by the Federal ing of health care. ment research. Government. There is a reason for the Well, what is the real issue here? In I would also just add this point. Cost- concern, and I would like to discuss it. February, the Wall Street Journal ran based research applied this way can be First, of course, I would note that a story that chronicled patients’ expe- very shortsighted. It leads to a one- protecting the doctor-patient relation- riences with Canadian health care, size-fits-all approach to medicine that

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.042 S01APPT1 smartinez on PROD1PC64 with SENATE S4126 CONGRESSIONAL RECORD — SENATE April 1, 2009 standardizes care for diverse patients the unique needs of health disparity search has the potential to have a huge who may have the same medical condi- populations, and differences in the and negative impact on patient and tion, which is completely contradic- treatment response and treatment doctor choice. tory to the efforts of today’s leading preferences of patients. If comparative effectiveness research scientists. Scientists—for example We all agree with that. My amend- is used to deem two health care serv- those at TGen in my home State of Ar- ment puts patients first. It is a non- ices or treatments to be interchange- izona—are exploring exciting advance- partisan issue. I do not know of anyone able, then CMS, within the Department ments in genomics and personalized in this body who wants the Govern- of Health and Human Services, will be medicine; in other words, the right ment to ration care or stifle innova- able to invoke the least costly alter- drug for the right patient at the right tion. I believe in the right of every native to only reimburse the health time. American to choose the doctor, hos- care provider based on the cost of the Personalized medicine will offer an pital, or health plan of their choice. No cheapest treatment. entirely new approach to medicine, in- Washington bureaucrat should inter- One need not look any further than cluding more accurate assessments of fere with that right or substitute the the Congressional Budget Office’s disease risk, better predictions of re- Government’s judgment for that of a Budget Options, Volume I, Health Care, sponse to treatment, and safe, more ef- physician. written under the direction of OMB Di- fective treatments. This research will I hope my colleagues will join me in rector Orszag, to see that the use of lead to better health care for all pa- standing for patients—all of us in least costly alternative authority to tients and long-term savings in the America. restrict doctors’ decisions and ration cost of health care. The PRESIDING OFFICER (Mrs. health care is clearly on the table. Unfortunately, the stimulus bill was HAGAN). The Senator from Kansas is Here is a good example. One of the written in such a way that it does not recognized. CBO health care budget options dis- incorporate targeting therapies, and it Mr. ROBERTS. Madam President, I cussed the savings that could be real- could stall innovation. I believe this is rise today as a cosponsor and in sup- ized if CMS applied Medicare’s least our opportunity to act to ensure that port of the amendment offered by my costly alternative policy to include no Washington bureaucrat makes friend from Arizona, Senator KYL. I something called viscosupplements. health care decisions for patients or thank the Senator for introducing the You use viscosupplements to treat a undermines the sacred doctor-patient amendment on behalf of health care degenerative joint disease of the knees relationship. Already our own U.S. providers not only in Arizona and Kan- called osteoarthritis. A lot of Senators Government is taking steps toward sas but all across the country, and, as have knee problems—not only weak this result. a result, the patients they serve. knees but sometimes knees that need a Last Thursday, the acting National I think we all know we have march- little help. So even though CBO recog- Institutes of Health Director an- ing orders, if I can describe it that way, nizes that there may be justifiable rea- nounced that the NIH may use the from the administration and from oth- sons your doctor would choose to pro- stimulus money to compare the cost of ers to complete health care reform this vide one viscosupplement over another health care treatments. In fact, NIH re- year. But the President has been a lit- to help your knees, this option would leased a list of research topic areas, tle vague about what he envisions, allow the Government to use least many of which include a cost compo- stating that he will leave the details to costly alternative authority to inter- nent. One of the topics is entitled ‘‘In- the Congress, and the devil is, indeed, fere with and restrict your doctors’s tegrating Cost-Effectiveness Analysis in those details. Senator KYL has cer- decision. This is very dangerous terri- into Clinical Research.’’ Here is how tainly pointed out one of the details tory. the description reads. This should be that has to be fixed. Rather than having to depend on the chilling. Let me be clear. I am not opposed to rigorous clinical trials conducted by health care reform. I don’t know who [T]his initiative calls for the inclusion of the Food and Drug Administration, the rigorous cost-effectiveness analysis in the would be opposed to health care re- CMS could use the much lower bar of design and testing of new and innovative form. But we must beware of what comparative effectiveness research to interventions. . . . Cost-effectiveness re- lurks under the banner of reform. I do declare that the two treatments are search will provide accurate and objective support, as do many others, a system of interchangeable and thus can be sub- information to guide future policies that affordable, accessible health care for ject to the least costly alternative pol- support the allocation of health resources for all Americans. But I do not support a icy. the treatment of acute and chronic diseases. system that replaces the judgment of This type of Government interference The allocation of health resources is, your doctor with that of a government in the doctor-patient decisionmaking of course, a euphemism for rationing. agency, as described so ably by Senator process ignores the very large and im- So this is not hypothetical. This is KYL. For this reason I share the con- portant differences that exist among what our own Government proposes to cern of the Senator regarding the im- people, among patients—I think that do with this research. For some of the plementation of something called com- should be obvious—in favor of a one- sickest patients suffering from chronic parative effectiveness research. I wish size-fits-all health care solution that diseases, the Government wants to de- more of my colleagues were in the could and would lead to rationing of cide if their treatment is a good alloca- Chamber to listen to this—listen to the health care. tion of resources. It is clear that if description of what could happen in re- Let this be a warning to all patients, Congress fails to protect patients, then gards to something called comparative all doctors, all hospitals, all nurses, all comparative research will be used as a effectiveness research. The acronym ambulance providers, all pharmacists, tool to ration care. for that, by the way, is CER. all home health care providers—all of For this reason I have offered this This gets in the woods of health care the people who provide health care pro-patient amendment that would reform. Comparative effectiveness re- throughout America, rural and urban. send a clear message to the administra- search, or CER, is simply research that You are on notice that this policy com- tion and clarify the Senate’s intent re- compares the effectiveness of two or bination—comparative effectiveness regarding the stimulus funding. My more health care services or treat- search and least costly alternative— amendment States two principles: No. ments. CER is not necessarily a bad may be the Holy Grail of cost contain- 1, the Federal Government shall not thing. In fact, it has the potential to ment at the expense of patient care. use the data obtained from compara- provide benefits to medical science and That is what Senator KYL’s amend- tive effectiveness research to deny cov- also, obviously, to patients. However, ment gets at. erage of a health care treatment under with CER policy—again, the devil is in My colleague’s amendment prohibits a Federal health care program—very the details. When discussing the details the use of comparative effectiveness re- simple—and, No. 2, the Federal Govern- of comparative effectiveness research, search to deny coverage of health care ment shall ensure that such research we need to focus on another term, treatments under a Federal health pro- accounts for advancements in ‘‘least costly alternative.’’ This is gram. It requires that comparative ef- genomics and personalized medicine, where comparative effectiveness re- fectiveness research take into account

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.044 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4127 the individuals and their treatment re- year. If we do not do anything, those ance companies can make choices as to sponses and their preferences, and it costs are going to almost double in 6 to which procedure, which drug makes does protect doctor and patient sov- 8 years. more sense. Basically, it is up to the ereignty over health care decisions. We can’t continue to spend what we doctor to decide which way makes the For these reasons I urge my col- do on health care. We spend almost most sense. leagues to vote yes on the Kyl amend- twice as much as the next most expen- Now, the effect of the Kyl amendment. sive country. It is a huge cost of busi- ment, as I understand, is, frankly, to I yield the floor. ness. It is a very big cost to American say that you have to pay for a very The PRESIDING OFFICER. The Sen- business. American companies are be- costly procedure that somebody deems ator from North Dakota is recognized. coming less competitive. Why? Because to be not only ineffective, it may be Mr. CONRAD. Madam President, health care costs are too high; business harmful, and you have to pay for it. when I hear the description of this costs are too high. That does not make sense. Rather, I amendment given by our colleagues on In addition, look at our Medicare think the Senator from Arizona agrees the other side, and then I read it—to budget. It is going out of sight. If we do with me, we are trying to figure out a me, there is a bit of a disconnect. I nothing, if we don’t curb our underway to use comparative effectiveness don’t see comparative effectiveness. I lying Medicare budget costs, our budg- to help doctors have more information, have been involved in writing compara- et, along with Medicaid, will probably and hospitals more information, as to tive effectiveness legislation with the double in another 8 or 9 or 10 years. which works better, has higher quality, chairman of the Finance Committee. I That is unsustainable, to say nothing and works better when compared to don’t see that as having anything to do about individual costs to individual something else. with rationing. I don’t see that has Americans, the personal costs, the fam- We are going to have to get into having anything to do with rationing. ily costs, the premium costs. We don’t issues such as evidence-based medicine Comparative effectiveness research is have a system in this country. We have to help determine quality. Lots of con- really to determine what works in a hodgepodge of lots of different func- cepts here that make a lot of sense. health care. It helps ascertain what are tions—doctors, nurses, insurance com- But I wished to say that whereas the the treatment regimes that are most panies, medical equipment suppliers, intention—I somewhat understand the effective at treating different disease PMDs—everything is part of the sys- intention of the amendment, some- states. It is the scientific process. tem, and they are all trying to help what. I do not entirely understand the It is exactly what happened in the supply health care, but because it is so intention of the amendment. revolution of modern medicine at disjointed we have a nonsystem where But the effect of the amendment is to Johns Hopkins back in the early 1900s, costs are just rising exponentially. We say that a procedure—let me get this in the 19-teens, with respect to the ap- also have a nonsystem where 46 million straight. The language does not curb plication of the scientific method to Americans don’t have health insur- growth in health care spending by medicine, to test what actually works ance, and about 25 million additional using data obtained by comparative ef- because one of the things we know in Americans are underinsured. It is ridic- fectiveness. It says there can be a pro- medicine today is that we are using ulous. This is the only industrialized cedure determined to be totally inef- many strategies that simply are not ef- country without health insurance. fective or may be harmful, but it has to fective—and that is in no one’s inter- What we need is a solution which is be used. The doctor has to use it. That est. That is certainly not in the pa- uniquely an American solution. does not make sense. tient’s interest. It is not in a hospital’s We are not Canada, we are not Great I think it is a doctor’s choice as to interest or a clinic’s interest. Britain, we are not France, we are not whether, by looking at the various pro- What comparative effectiveness re- Sweden, we are the United States of cedures, what makes more sense com- search is designed to do, at least that America. By ‘‘uniquely American,’’ I pared to something else, using the data which the chairman of the Finance mean it should be a combination of we provide by this process. But that is Committee and I have been involved in, public and private. That $2.6 trillion we still a doctor’s choice. That doctor, he is to get the research done and then get spend today is divided half in private or she, that doctor should decide which the information in the hands of care- and half in public. We must find a way of these makes the most sense. givers and patients so they can make a to curb costs, to get coverage to Amer- Therefore, I think it makes much determination as to what is the best icans retaining that uniquely Amer- more sense, frankly, that this not be course for treatment. It has nothing to ican approach of private and public approved. It is not necessary. It kind of do with our efforts in rationing health coverage. gets in the way. care—nothing at all. We are working hard to try to find Senator HATCH and I and Senators The chairman of the Finance Com- that solution. Part of the solution is GRASSLEY and ENZI are introducing a mittee is here, and I will yield the reducing unnecessary costs and waste comparative effectiveness amendment. floor. in our system. There is immense waste It gets to what I think the Senator The PRESIDING OFFICER. The Sen- in the American health care system— from Arizona wants us to move toward; ator from Montana is recognized. immense waste. Basically, it is because that is, comparative effectiveness, Mr. BAUCUS. Madam President, we of practice patterns, it is because of where we look at comparative quality in Congress this year are embarked on the way we reimburse on volume and of procedures, which is what we are major efforts to enact health care re- quantity, not quality. trying to do—not cost but quality. form. It is very much in the President’s We have to move much more toward There was a big dustup in the stim- budget. President Obama very much reimbursement; that is, paying doctors ulus debate about comparative effec- wants to enact health care reform this and hospitals on the basis of quality, tiveness because somebody thought we year. There are provisions in the budg- not volume, and concepts such as bun- were putting a cost-benefit analysis in et resolution to encourage us as a dling and medical home and health IT, it. We are not. We took that out. I body, a Congress, to enact health care which is in the budget, so we have in- must say to my friends, I went to the reform. formation technology assistance to mat, frankly, to make sure cost was The basic reason is because it is so help, in several years, get to the point taken out. We took it out. It is just needed. It is incredibly important that where we reduce health care cost. comparing quality. our Nation enact health care reform But another is, frankly, comparative The bill I hope to introduce—working this year. I am not going to get into all effectiveness. We need to know the to get support from Senators GRASS- the details and the various provisions comparative effectiveness of drugs, LEY, HATCH, and ENZI—would take cost that we must enact in order to get procedures, medical equipment, et out. It is just looking at quality. That meaningful health care reform. By cetera, so we get the best, highest qual- is what we want to do. It is based on meaningful health care reform, I mean ity, and we, therefore, will probably quality. controlling costs. I remind my col- know which ones will tend to cost more I think the Senator from Arizona will league, we in America spend about $2.5, than others. Doctors can make choices, be very happy with that bill we are $2.6 trillion on health care. That is this patients can make choices, and insur- going to be introducing because it gets

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.044 S01APPT1 smartinez on PROD1PC64 with SENATE S4128 CONGRESSIONAL RECORD — SENATE April 1, 2009 at what I think the Senator wants: not associated with cost but based on ished a 7-year study on the heart. You Let’s compare quality, but let’s not put quality outcomes. What is in this bill know what it told us after we spent the cost component into it because is a short-term look to say who is $100 million on that study? We do not that would not be appropriate at this going to cookie-cutter cut a way to have the answer on which is the best. A time. practice medicine that a bureaucrat double-blind, progressive, controlled Mr. CONRAD. Madam President, if I will say is the best way, rather than study, and we do not have the answer. might, what we would like to do is get what the science says. What makes us think some bureaucrats a unanimous consent agreement. There is no question we have tons of can take less research and come to a Would Senator BAUCUS want more time waste. The biggest inhibition for any- better conclusion than the best sci- on this matter? body getting into the health care sys- entists in this country? What we are Mr. BAUCUS. No. tem today is cost. The chairman of the looking for is an answer in the wrong Mr. CONRAD. I ask unanimous con- Finance Committee is right, there is place. sent that Senator KYL have an addi- tons of waste. The reason there is tons The way we fix health care in this tional minute, that Senator COBURN of waste is 61 percent of the health care country is to truly allow doctor and have an additional 5 minutes. That in this country is controlled by the patient relationships that will take ad- would take us to close to 1 o’clock. I Government today. vantage of the scientific advances that ask Senator ISAKSON, how much time I can document it fully, each compo- are out there and do so in a trans- would he need to call up his amend- nent of it, 61 percent. It is designed to parent way, where you know quality ment? One minute. Then we would go create the mess we are in. If you want and you know price. to Senator ISAKSON for 1 minute to call to change this system to where we get It is called performance for pay, rath- up his amendment. Then we would go better value for the dollars we put into er than pay for performance. If you to Senator SHAHEEN. Senator SHAHEEN health care, let’s create a clear, trans- perform, you get paid more. If you do would have 20 minutes equally divided. parent, competitive market where you not perform, you do not. We apply mar- Then we will make a further deter- know quality and you know cost before ket forces to everything we are doing, mination at that point. you ever enter it. That is a goal we can much less so since the new administra- The PRESIDING OFFICER. Without all agree on. tion came in, but if we would apply objection, it is so ordered. We should know what it costs, and we that, we would have a tremendous ad- The Senator from Arizona is recog- know what the quality parameters vantage in terms of quality outcomes nized. should be. What comparative effective- in this country. Mr. KYL. The chairman of the Fi- ness as outlined by the acting head of I support the amendment and yield nance Committee raised two points. I the NIH is, what is the cheapest treat- back the remainder of time. wish to make very clear that nothing ment we can do to get it there? Not The PRESIDING OFFICER. The Sen- in this amendment deals with the ques- what is best for the patient in consider- ator from Georgia. tion of patient safety. For example, if ation of that patient’s particular needs AMENDMENT NO. 762 FDA says a drug is not efficacious, and what is the best thing the doctor Mr. ISAKSON. I ask unanimous con- then obviously you do not prescribe the could recommend. sent that the pending amendment be drug. The doctor makes that decision. There are conflicts of interest. I do set aside and the clerk report amend- As the chairman said, it is the doctor’s not deny that. Here is the No. 1 thing ment No. 762. choice. That is precisely where we that comparative effectiveness fails to The PRESIDING OFFICER. Without want to leave it. remember: Everybody thinks we can objection, it is so ordered. The other question was, though: It is take the science over here and we can The clerk will report. not necessary, it will just get in the The legislative clerk read as follows: fix everybody. Well, I have news for way, nobody is intending to do that. you. Medicine is 40 percent art. Since The Senator from Georgia [Mr. ISAKSON] There are two responses to that. proposes an amendment numbered 762. we will not pay for physicians and pro- First of all, if nobody is intending to do Mr. ISAKSON. Madam President, I it, then there is no problem in saying viders to take the time to listen to their patients, to actually know what ask unanimous consent that the read- you cannot do it. ing of the amendment be dispensed But, secondly, they are intending to is going on with them, we have created a system where we spend a ton of with. do it. Here is a direct quotation from The PRESIDING OFFICER. Without money that does not have anything to the Acting Director of the NIH less objection, it is so ordered. than 1 week ago. do with a better outcome for the pa- The amendment (No. 762) is as fol- Cost effectiveness research will pro- tients. lows: Two examples. Two patients in the vide accurate and objective informa- (Purpose: To provide for a deficit-neutral re- tion to guide future policies that sup- last 4 years in my own practice, denied, serve fund for providing a nonrefundable port the allocation of health resources under comparative effectiveness, MRIs; Federal income tax credit for the purchase for the treatment of acute and chronic did not have a hard sign at all, had soft of a principal residence during a 1-year pe- diseases. signs. Both of them had cancer of the riod) That is the purpose of it. It is not brain. Both insurance companies and At the appropriate place in title II, insert merely to decide what works, which is Medicare denied that they needed an the following: the good side of cost-effectiveness re- MRI because it did not match with the SEC. —. DEFICIT-NEUTRAL RESERVE FUND FOR guidelines. PROVIDING A NONREFUNDABLE search, but to allocate health care re- FEDERAL INCOME TAX CREDIT FOR sources. Allocating health care re- That goes to show you that when you THE PURCHASE OF A PRINCIPAL sources is another way of saying ra- just use guidelines, you are not going RESIDENCE DURING A 1-YEAR PE- tioning of health care. If we all agree to really care for the patients. The art RIOD. The Chairman of the Senate Committee on we do not want that, and we do not of medicine has to be included. Com- parative effectiveness never considers the Budget may revise the allocations, ag- think anybody is going to try to do it, gregates, and other levels in this resolution then what is the harm in having an the art of medicine. That is 40 percent by the amounts provided by a bill, joint reso- amendment that says we are not going of taking care of people and giving lution, amendment, motion, or conference to do it? them great health care and great out- report that would provide a one-time non- The PRESIDING OFFICER. The Sen- comes. This amendment is a good refundable Federal income tax credit for the ator from Oklahoma. amendment. The reason it should be purchase of a principal residence during a 1- Mr. COBURN. Madam President, as there is we seek comparative effective- year period in the amount of the lesser of somebody who is still practicing medi- ness. You cannot get reboard certified $15,000 or 10 percent of the purchase price of cine, I wish to tell you, we see com- unless you know comparative effective- such residence, exclusive of any other credit available for the purchase of a residence, parative effectiveness every day. We ness, at every chance, at every corner, provided that such legislation would not in- cannot even get recertified unless we for every disease. crease the deficit over either the period of know comparative effectiveness. Do we need more? Yes. But we are the total of fiscal years 2009 through 2014 or The NIH last year spent $267 million spending billions every year on com- the period of the total of fiscal years 2009 on comparative effectiveness research, parative effectiveness research. We fin- through 2019.

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.024 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4129 Mr. ISAKSON. Madam President, I money is set aside to fund a commis- I have a lot of other words to speak have 1 minute. I spoke last night at sion that will be set up. today, but I hope I get the message length about this amendment, so I will I am hoping my colleagues don’t get across to everyone that all we are basi- not take the Senate’s time again. I involved in one of these, ‘‘Well, I don’t cally doing is setting aside money to know Senator SHAHEEN is about to like the language of this,’’ because we pay for a commission, the complexity offer her amendment. haven’t gotten to the language yet. I of which and the rules of which are But this is an amendment that am saying to my colleagues on the something we will have to try and carves out a deficit-neutral reserve in other side of the aisle and on my side come up with a compromise on. We the budget in order to fund a $15,000 tax that we have to negotiate the kind of have an amendment, Senator credit for the purchase of a single-fam- vehicle we are going to use. Two years LIEBERMAN and I, that is less restric- ily home in America. ago, the vehicle we had had more Re- tive than Senator GREGG’s. Apparently, That is an amendment the Senate publicans than Democrats because we that language bothers Senator CONRAD. passed, the House rejected but is a controlled the Presidency, the House, All I know is, I would like us to go on pending bill before the Senate. This and the Senate. The new legislation record that we know there is a prob- would reserve that money in the ac- coming out, that I will support, will lem. We know we can’t get it done in count, so that if the bill is passed, it have more Democrats because the the regular order doing tax reform and can be paid for, and it is a deficit-neu- Democrats have the Presidency and the entitlement reform. We need a commis- tral amount. Senate and the House. It does provide sion to take it on as we did with Social At an appropriate time, I will ask for that in order to get something, it be Security. They took it on. We got to- the support of the Members. fast-tracked. They spend, say, 6 gether, came back with a recommenda- I yield the floor and I suggest the ab- months looking at it and come up with tion, and got it done. sence of a quorum. tax and entitlement reform. They send I urge colleagues to look at the big The PRESIDING OFFICER. The it on an expedited procedure to the picture and not get tied in with this is clerk will call the roll. House and Senate. Before they do that, a Republican thing or a Democratic The legislative clerk proceeded to they have to have 75 percent of the peo- thing. It is a problem for America. It is call the roll. ple supporting it, and you have to have a Republican and Democratic problem. Mr. VOINOVICH. Madam President, I at least two Republicans. That does It is America’s problem. We have to do ask unanimous consent that the order bring in minority participation. something about it. for the quorum call be rescinded. What I am afraid of is that I have I yield the floor. The PRESIDING OFFICER. Without heard Senator CONRAD say: I don’t like The PRESIDING OFFICER. The Sen- objection, it is so ordered. the idea that it has to be even-steven. ator from New Hampshire. AMENDMENT NO. 835 The main thing is, I would like the AMENDMENT NO. 776 Mr. VOINOVICH. Madam President, I Senate to go on record that we will cre- Mrs. SHAHEEN. Madam President, I rise to support Senator GREGG’s ate a fund that will fund a commission ask unanimous consent to set aside the amendment to create a deficit-neutral that will finally get to the entitlement pending amendment, call up my reserve fund for the creation of a task problem we have had now for a long amendment No. 776, and ask for its im- force to address tax entitlement reform time. The bottom line is, we have this mediate consideration. and reduce our Nation’s long-term fis- avalanche that has hit us. We are in The PRESIDING OFFICER. Without cal gap. trouble. But at the same time, under- objection, it is so ordered. The amendment would fund a vehicle lying that, we have the problem of this The clerk will report. The assistant legislative clerk read to examine our tax and entitlement long-term national debt. Everybody is as follows: systems and present long-term solu- aware of the challenge. tions to place the Senate on a fiscally Recently, Premier Wen pointed out The Senator from New Hampshire [Mrs. SHAHEEN], for herself, Mr. KAUFMAN, and Ms. sustainable course and ensure the sol- that he is concerned about what we are MIKULSKI, proposes an amendment numbered vency of our entitlement programs for doing. Europe is concerned about what 776. future generations. we are doing. Canada is worried about Mrs. SHAHEEN. I ask unanimous Senator LIEBERMAN and I have intro- it. They are saying: You folks haven’t consent that reading of the amendment duced a very similar amendment, and I been willing to take on your entitle- be dispensed with. understand that Senator LIEBERMAN is ment and tax reform. What bothers me The PRESIDING OFFICER. Without going to be willing to support this is that if we don’t deal with this and objection, it is so ordered. amendment. I am not going to go into our neighbors start to get leery of what The amendment is as follows: detail. The chairman and the ranking we are doing, we could see interest (Purpose: To establish a reserve fund for member of the Budget Committee have rates skyrocket because everybody ac- monitoring of FHA-insured lending) laid out in very frightening terms knowledges that as long as we are get- At the end of title II, insert the following: where we are in terms of our deficits ting money from China, Japan, and the SEC. lll. DEFICIT-NEUTRAL RESERVE FUND and our national debt. OPEC nations, we will be able to bor- FOR MONITORING OF FHA-INSURED Frankly, I have been talking about row money at a cheap rate. But if they LENDING. this since I have come to the Senate in lose confidence that we have not been The Chairman of the Senate Committee on 1999. I said we have to do something the Budget may revise the allocations of a willing to stand and do what we are committee or committees, aggregates, and about this growing debt that is blos- supposed to, that could change dra- other appropriate levels and limits in this soming. Now we are talking about the matically. resolution for one or more bills, joint resolu- possibility of it doubling in the next 5 I urge my colleagues to look at this tions, amendments, motions, or conference years. So we have to get at entitle- not as we are drafting the legislation. reports that would increase the capacity of ments and tax reform. What we are saying is, we acknowledge the Inspector General of the Department of The thing that is encouraging to me there is a problem that needs to be Housing and Urban Development to inves- is, there is legislation I am introducing dealt with. Peter Orszag understands tigate cases of mortgage fraud of Federal in the Senate that has been introduced there is a problem. He was with this ef- Housing Administration loans, by the amounts provided in such legislation for in the House. It is called the SAFE fort 2 years ago. Now he has been ‘‘I am those purposes, provided that such legisla- Commission. It is sponsored by 52 not sure how we want to do this.’’ All tion would not increase the deficit over ei- House Members, 26 Republicans, 26 I would like to do is to come in with a ther the period of the total of fiscal years Democrats. It has the support of the bipartisan commission that says: We 2009 through 2014 or the period of the total of Business Roundtable, the Heritage are willing to tackle this. Give it to fiscal years 2009 through 2019. Foundation, the Concord Coalition, the the administration and say: If you Mrs. SHAHEEN. Madam President, I Peterson Foundation. They have all don’t like it, what is better than what ask unanimous consent that Senators voiced support. we have? KAUFMAN and MIKULSKI be added as co- What we are trying to do with this We have to get going on this. We can- sponsors. amendment to the budget is to have an not keep putting it under the rug. We The PRESIDING OFFICER. Without acknowledgement of the fact that need to deal with it. objection, it is so ordered.

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.026 S01APPT1 smartinez on PROD1PC64 with SENATE S4130 CONGRESSIONAL RECORD — SENATE April 1, 2009 Mrs. SHAHEEN. Madam President, 1993 and served 6 years in the House, not even look like what year 2 of the my amendment is simple and straight- and now I am in my second term in the last budget was. forward. It would establish a deficit- Senate—most of those years we have Let me give you an example. I was neutral reserve fund to monitor FHA- adopted a budget resolution. Some of going to have some charts ready, but approved loans. The Federal Housing those years we were not able to get the the opportunity to speak came before Administration, the FHA, plays an in- necessary votes to adopt one. But as we the charts got here. If I could show you creasingly critical role in promoting proceeded and moved forward in the de- those charts, I would show you that for home ownership during these tough liberations of these budgets, I noted an the 2010 budget year we are working on economic times. The FHA insures one- interesting thing: Some years we would today, if you had looked at what Con- third of all new mortgages. The num- have a 10-year budget we looked at. We gress said it was going to do this year ber of FHA-approved lenders has dou- would have the year we were actually 3 or 4 years ago, and then you looked at bled in the past 2 years. However, the working on—and in this case, we are what Congress said it was going to do Department of Housing and Urban De- working on the 2010 budget—and then this year 2 years ago, and then you velopment has not received additional we would project out 9 more years and looked at what Congress said it was resources to expand its efforts to inves- say: We expect, in the next 10 years fol- going to do this year 1 year ago, and tigate claims of fraud. lowing the year we are working on, to then you looked at what Congress is Recent reports of a rise in borrowers see the following budget numbers be proposing to do this year, they are not who haven’t made even one payment honored with regard to defense spend- at all similar. As you might guess, the suggest that fraudulent activity has in- ing or nondefense discretionary spend- proposed spending in this year’s budget creased among FHA-backed loans. ing or the like. Sometimes we only for this year is far in excess of what Should that activity continue to in- look out 5 years. the projections were in the previous crease, FHA and its critical work could This year, the President submitted a budgets which we debated and voted be put at risk. As we all know, in the budget that looked out 10 years. The on. runup to the subprime crisis, many Budget Committee, however, took that Let me put it another way. This year, fraudulent lenders pushed borrowers budget window and reduced it to 5 we are looking at a 5-year window. The into mortgages and refinancings that years. The reason I point this out is be- increase in nondefense discretionary they could not afford just to collect the cause as we talk about what the budget spending in the first year of this budg- commissions and fees. We need to is going to do and what the fiscal im- et we are talking about is approxi- make sure we prevent that activity pact of the decisions we are debating mately 7.3 percent—well over double from migrating to federally insured today is going to be, we always talk the rate of the growth of the economy. loans which would put taxpayers at about whether the budget is going to Just as a note, last year, the budget risk for footing the bill of another bail- get us on a glide path to balancing our that we adopted finally in the Omnibus out. This amendment addresses the Federal budget, what kinds of deficits appropriations bill increased non- need for HUD to properly investigate are going to mount in the outyears, defense discretionary spending by and remove fraudulent lenders from what kinds of tax increases or tax re- about 10 percent. So in just 2 years, we the program wherever appropriate. It ductions are going to be accomplished have seen nondefense discretionary creates a deficit-neutral reserve fund— in the budget. Yet, if you look closely spending increase by about 15 to 17 or a deficit-neutral fund—to increase the at these budget documents and if you maybe even more percent. capacity of the inspector general of look closely at this budget document, Well, back to the budget. The pro- Housing and Urban Development to in- all the tough decisions are always in posed increase in nondefense discre- vestigate cases of fraud of FHA loans. the outyears. I should not say that is tionary spending for this year in this I am hopeful my colleagues will join always the case because I have to say budget is about 7.3 percent. But the in this effort and support my amend- that occasionally Congress has stepped promise is: OK, we have to spend that ment. As we all know, at this critical up to the plate and has made some much this year, but we are going to be time when we are trying to make sure tough decisions. But it is not the com- better in the outyears. So in the second there are stimulus funds available and monplace occurrence. year of this budget, the proposed in- that we are doing all we can in Govern- Let me give you an example. The crease is down, I believe, around 1 per- ment to support the ability of the pri- amendment I am going to offer would cent. In the third year, I believe that vate sector to respond to this economic cap the first 3 years of this proposed proposed increase is about 1.5 to 2 per- decline we are in, we need to make sure budget in terms of nondefense discre- cent. we have the oversight capability to run tionary spending. In other words, it But my point is, we are not going to programs as effectively and efficiently would say this budget proposes the fol- get to those years. We never adopt the as possible. That is what this amend- lowing spending in nondefense discre- next year—the second year and the ment would help accomplish. tionary categories for 2010, 2011, and third year and the fourth year and the I yield the floor and suggest the ab- 2012, and thereafter, and my amend- fifth year in these budgets we debate. sence of a quorum. ment would say that the numbers that So all my amendment will do is this: The PRESIDING OFFICER. The are proposed in this budget will be If we are telling the American public clerk will call the roll. binding on Congress. In other words, if we have to increase our discretionary The assistant legislative clerk pro- we adopt this budget, we will follow it. spending by 15 to 20 percent over the ceeded to call the roll. And I am only saying for 3 years. I am last 2 years—7 percent alone in this Mr. CRAPO. Madam President, I ask not even saying for the full 5-year win- budget year—but that we are going to unanimous consent that the order for dow the Budget Committee has put for- be fiscally more conservative and re- the quorum call be rescinded. ward or for the full 10-year window the sponsible in the outyears, let’s make The PRESIDING OFFICER. Without President has put forward. that binding. Let’s at least say for the objection, it is so ordered. Why is this so important? Sometimes next couple of years we have to follow AMENDMENT NO. 844 I jokingly say that during the time I the budget we are debating. All we Mr. CRAPO. Madam President, in a have served in Congress, I have never would need to do in order to accom- few moments I am going to send an made it to year 2 of any budget because plish that is to put some caps on that amendment to the desk. It is on its every time we do a budget—whether it nondefense discretionary spending as way over here right now. I would like is a 10-year budget or a 5-year budget— we move into it in the outyears. to speak about it for a few minutes we always implement the first year of Every time we look at this, the until it arrives, at which point I will that budget and then next year, when spending goes up. If you look at the ac- ask to set aside the pending amend- we come back, we seem to forget about tual rate of growth in our budget, it is ment and offer the amendment. what the budget projections were and unsustainable. What we need to do is to The amendment I wish to offer is what our promises to the American be straightforward with the American very critical. We debate budgets every public were, and we start all over again people as we approach this. Anything year in Congress, and most of the years and we do another 5-year budget. And else is just window dressing. All of the I have served here—I was elected in year 1 of the next 5-year budget does numbers we are talking about today

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.028 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4131 and all of the projections we are talk- rate of the growth of the economy or that says that, but if it is not enforced ing about—how we are going to try to below that, and let’s start catching up by caps, it will be revised. bring the deficit under control or re- a little bit with regard to the spending The truth is, that is the case whether duce the national debt—are simply we are engaged in. you have outyear caps or not. It is just window dressing if we do not make Many people have said on this floor the reality because we will be doing a them binding, other than the first year that this budget spends too much, it budget next year, and more than that, of this budget. That is what will really taxes too much, and it borrows too because there is nothing quite so cre- be binding. much. The most significant portion of ative as the mind of man. I will say it again: The only thing all of that occurs in this first year. I will tell my colleagues, in my 22 that will really be binding in this budg- Let’s get to some of the restraint that years on the Budget Committee, I have et, if we adopt this budget resolution, is promised in the second and third seen every conceivable dodge to get is the first year. This amendment years by adopting this amendment, around caps. I think I have learned would make, in the nondefense discre- putting the caps on the nondefense dis- them all. I just hope very much that tionary spending portion of the budget, cretionary spending categories, and we get about the business of putting the second and the third year numbers make sure Congress, like the house- together a longer-term plan that deals binding. By doing so, Congress would holds and businesses across this Na- with reforming the entitlements, re- actually be setting some parameters tion, tightens its belt and follows a forming the tax structure, so we can for itself so we could have a firm con- budget. get on a much more sustainable, long- fidence that as we move forward, we Madam President, I yield the floor. term base. will be able to have the kind of deficit Mr. CONRAD. Madam President, first With that, could the Chair inform me reduction and spending restraint we al- of all, I wish to thank the Senator for how much time remains? ways talk about. his amendment and especially thank The PRESIDING OFFICER. The Sen- Madam President, at this time, I him for the contribution he makes on ator from North Dakota has used 4 send to the desk an amendment. budget issues. He is a thoughtful and minutes, and the Senator from Idaho The PRESIDING OFFICER. Without responsible Member. I thank him for has used 2 minutes. objection, the pending amendment is his service. Mr. CONRAD. And how much time set aside. With respect to the amendment he remains? The clerk will report the amendment. has offered, we have a difference on The PRESIDING OFFICER. There is The assistant legislative clerk read this issue, and the difference is this: 56 minutes remaining for the Senator as follows: What he said is exactly right in the from North Dakota and 58 minutes for the Senator from Idaho. The Senator from Idaho [Mr. CRAPO] pro- sense that we have a budget which is poses an amendment numbered 844. really effective for 1 year because we Mr. CRAPO. Madam President, could I just have a couple of minutes before Mr. CRAPO. Madam President, I ask have caps for 1 year. But more than that, we are going to be back doing an- we move on to the next item? unanimous consent that reading of the Mr. CONRAD. How much more time amendment be dispensed with. other budget resolution next year, so, frankly, having outyear caps doesn’t would the Senator like on this? The PRESIDING OFFICER. Without Mr. CRAPO. Two or three minutes is objection, it is so ordered. mean very much. What matters are the caps for this year, and the caps we have all. The amendment is as follows: Mr. CONRAD. Madam President, I in this budget pertain to this year. The (Purpose: to protect the fiscal discipline on ask unanimous consent that the Sen- outyear caps he is referencing—we will discretionary spending exercised by the re- ator from Idaho have an additional 3 have another budget next year, and we ported budget resolution by extending the minutes, that I have an additional will deal with that next year. resolution’s discretionary spending limits minute on this matter, and then—what to exactly the same level as already as- Unfortunately, what has happened in sumed in the resolution to make sure that the past on these caps is people have is the next order of business? The PRESIDING OFFICER. There is debt is not increased further than con- found a way to game them, and espe- no amendment to follow. templated by this budget resolution as a cially in the outyears. How do they do Mr. CONRAD. OK. I think we have result of subsequent budget resolutions or that? They come up with all of these appropriation bills) been trying to go back and forth. Sen- advanced funding schemes to get ator TESTER, I see, is here. How much On page 50, line 12, strike ‘‘and’’. around the outyear caps. What else do On page 50, insert after line 15: time does the Senator seek? ‘‘(3) for fiscal year 2011, $1,092,921,000 in new they do? They label as ‘‘emergencies’’ Mr. TESTER. Five or ten minutes. I budget authority; things that are really not. For exam- will probably use 5 minutes. (4) for fiscal year 2012, $1,112,047,000 in new ple, we saw war funding in the third Mr. CONRAD. OK. Would it be OK if budget authority; and’’. year of the war in Iraq and in the we ask for 7 minutes? On page 49, insert on line 12 after the word fourth year of the war in Iraq labeled Mr. TESTER. That is perfect. ‘‘bill’’: as emergency by the previous adminis- Mr. CONRAD. Seven minutes for the ‘‘, concurrent resolution,’’. tration as if we didn’t know the war Senator from Montana, and then who Mr. CRAPO. Madam President, as I was still going on. is up next, Senator BUNNING? have said, the amendment is very sim- So I say to our colleagues, the budget Mr. BUNNING. I have about 15 min- ple, and it really speaks for itself. It resolution before us has a cap for 2010, utes. simply says that instead of debating and the outyear caps, to me, are super- Mr. CONRAD. And will the Senator numbers that do not mean anything, fluous because we are going to have an- want to offer an amendment? let’s put some meaning and some au- other budget resolution next year. Mr. BUNNING. I am going to talk thority behind the numbers we are de- I wish to also point out that the about two amendments, but I am going bating. Let’s not continue the game budget that is before us, in fact, has re- to wait to offer them through the vote- Congress continues to play year after duced the President’s request on do- a-rama tomorrow. year whereby we adopt a budget with mestic spending by over $160 billion, Mr. CONRAD. The Senator deserves a no hard decisions in the first year, and $15 billion in this year alone. special place. What a good example for which is the only binding year, and all I say to my colleagues, anybody who other colleagues. the tough decisions in the outyears are doesn’t understand the magnitude of So we go to Senator BUNNING, then, not binding and never reached. And those cuts, come and join me in my of- for 15 minutes after Senator TESTER. Is let’s say we are serious about it. fice, or come and join me at the meet- Senator ENSIGN seeking time? I have even agreed in my amendment ings, such as the meeting I had yester- Mr. ENSIGN. I need about 10 min- to accept the high numbers in the first day with certain of my colleagues who utes. year. I personally would prefer to have were very upset because for the next 5 Mr. CONRAD. We have Senator REED some restraint now in the first year of years, the average annual increase in coming at 1:45. He would be next for this budget, and instead of increasing non-defense discretionary spending is how long? Well, maybe we could allo- spending in this Government by 7.3 per- 2.5 percent—2.5 percent. The Senator cate 10 minutes to Senator REED, and cent, I would rather reduce it to the says, fairly, that you can have a budget then Senator ENSIGN, how much time?

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.029 S01APPT1 smartinez on PROD1PC64 with SENATE S4132 CONGRESSIONAL RECORD — SENATE April 1, 2009 Mr. ENSIGN. I would need just 10 On page 5, line 8, decrease the amount by By the way, I also appreciate the fact minutes. If I could just get my amend- $303,420,000. that some of the emergency spending ment pending then I could speak later On page 5, line 9, decrease the amount by and the other games that are used in $475,732,000. in the day. On page 5, line 10, decrease the amount by Congress to get around caps are identi- Mr. CONRAD. We have not seen the $599,908,000. fied by the chairman as difficult prob- amendment. On page 5, line 11, decrease the amount by lems. We need to have much less of Mr. ENSIGN. This is the Medicare $755,924,000. that gamesmanship and much more fol- prescription Part D, means testing On page 5, line 18, decrease the amount by lowing of the rules in our budget so amendment. $303,420,000. that Americans can truly see how Mr. CONRAD. If we could then do On page 5, line 19, decrease the amount by much is spent and how much is being Senator ENSIGN for 10 minutes. $779,152,000. taxed as we move into these budgets. Mr. ENSIGN. Would you allow me to On page 5, line 20, decrease the amount by $1,379,060,000. I wish to give a couple of examples to offer it to get it pending and then I can On page 5, line 21, decrease the amount by show what I am talking about before I come back later? $2,134,984,000. conclude. If we were to look at the fis- Mr. CONRAD. Yes. Is that accept- On page 6, line 1, decrease the amount by cal year budget authority for 2009; that able? $303,420,000. is, the budget year we have just fin- Mr. ENSIGN. I am not going to speak On page 6, line 2, decrease the amount by ished with the Omnibus appropriations now; I just wish to get it pending at $779,152,000. bill a few weeks back—in 2006, we said this point. On page 6, line 3, decrease the amount by $1,379,060,000. in 2009 we were going to spend $409-plus Mr. CONRAD. Well, they have an- billion. In 2007, we didn’t get a budget other Senator coming. The problem is, On page 6, line 4, decrease the amount by $2,134,984,000. report because we couldn’t reach agree- we have now allocated time that is On page 21, line 3, decrease the amount by ment on one. In 2008, we said that num- going to go way past what is in this $300,000,000. ber was going to be $465 billion. In 2009, consent agreement. On page 21, line 4, decrease the amount by we actually said it was going to be If Senator ENSIGN just called up his $300,000,000. about $480 billion—or $488 billion. The amendment, would that be—— On page 21, line 7, decrease the amount by real number ended up being almost $800 $460,000,000. Mr. ENSIGN. That is all I want to do. billion. Mr. CONRAD. OK. Let’s go then in On page 21, line 8, decrease the amount by $460,000,000. I realize there was some stimulus the order we had. Senator CRAPO had a package money in there, some TARP couple of more minutes, and then I On page 21, line 11, decrease the amount by $560,000,000. spending, and so forth. The point is, it would take some time and then we On page 21, line 12, decrease the amount by went up from the projection in 2006 of would go back to Senator TESTER and $560,000,000. $409 billion to a reality, even without then to Senator BUNNING. On page 21, line 15, decrease the amount by the TARP and other dollars, of around Mr. CRAPO. Should we let Senator $680,000,000. $500 billion. ENSIGN go right now? On page 21, line 16, decrease the amount by $680,000,000. What about this year we are talking Mr. CONRAD. If you would just call about right now? The proposed budget it up. On page 27, line 3, decrease the amount by $3,420,000. for this year, I think, is around $525 AMENDMENT NO. 805 On page 27, line 4, decrease the amount by million for nondefense discretionary Mr. ENSIGN. Madam President, I ask $3,420,000. spending. That is what we are debating unanimous consent that the pending On page 27, line 7, decrease the amount by on the floor today. Well, in 2006 when amendment be set aside and that I be $15,732,000. we debated the budget and set our pro- allowed to call up amendment No. 805. On page 27, line 8, decrease the amount by $15,732,000. jections, that number was around $409 The PRESIDING OFFICER. Without billion; in 2008, $476 billion; in 2009, $492 objection, it is so ordered. On page 27, line 11, decrease the amount by $39,908,000. billion; now, as we move forward to the The clerk will report. On page 27, line 12, decrease the amount by final projection, $525 billion. The assistant legislative clerk read $39,908,000. The point I make is that every year as follows: On page 27, line 15, decrease the amount by Congress says this is what we are going The Senator from Nevada [Mr. ENSIGN], for $75,924,000. to spend in the outyears, and every himself, Mrs. FEINSTEIN, Mr. GREGG, Mr. On page 27, line 16, decrease the amount by time we come back to it we never fol- GRAHAM, and Mr. ENZI, proposes an amend- $75,924,000. ment numbered 805. low those requirements. We should put Mr. ENSIGN. Madam President, I caps on at least the first 2 outyears so Mr. ENSIGN. Mr. President, I ask yield the floor. that when Congress comes back to de- unanimous consent that the reading of The PRESIDING OFFICER. The Sen- liberate again, and when the President the amendment be dispensed with. ator from Idaho is recognized. submits a budget to us next year, there The PRESIDING OFFICER. Without Mr. CRAPO. Madam President, I ask are fiscal caps for nondefense discre- objection, it is so ordered. unanimous consent that we return to tionary spending requiring the re- The amendment is as follows: the previous amendment. straint we are promising Americans we (Purpose: To require certain higher-income The PRESIDING OFFICER. Without will someday get to. beneficiaries enrolled in the Medicare pre- objection, it is so ordered. scription drug benefit to pay higher pre- Congress has a pattern of spending AMENDMENT NO. 844 miums, as is currently required for physi- more and more and more every year. cians’ services and outpatient services, and Mr. CRAPO. Madam President, I will As I have indicated, nondefense discre- as proposed in the budget of the United be brief. I do appreciate Senator tionary spending has gone up 15 to 17 States Government most recently sub- CONRAD and the service he provides to percent the last 2 years. The fact is, it mitted by the President) us as the chairman of the Budget Com- is time for us to adopt this amendment On page 4, line 15, decrease the amount by mittee. He makes some very good and put caps on the first 3 years of this $303,420,000. points. It is true that Congress can budget to force some fiscal restraint in On page 4, line 16, decrease the amount by come back at any time and change the Congress. $475,732,000. caps that we might put on today, but On page 4, line 17, decrease the amount by Thank you, Madam President. I yield $599,908,000. at least the Congress would have to de- the floor. On page 4, line 18, decrease the amount by bate that and would have to make a Mr. CONRAD. Madam President, just $755,924,000. conscious decision that America could briefly, in a way, the Senator makes On page 4, line 24, decrease the amount by watch, and Congress would have to say my point because none of us can fore- $303,420,000. to America: You know what. We are see what happens 2 and 3 years from On page 4, line 25, decrease the amount by not going to do what we said we would now. That is why we do an annual $475,732,000. On page 5, line 1, decrease the amount by do. If we don’t put caps on this budget, budget resolution. The numbers he just $599,908,000. then there is nothing the Congress has cited—who knew we were going to fall On page 5, line 2, decrease the amount by to do but adopt another budget resolu- off the edge and have a precipitous de- $755,924,000. tion. cline in the economy?

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.046 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4133 So what really matters to me is to in just 3 years. That cannot be the end This budget starts us down the road have a 1-year cap that is enforceable. of the story, but it is a good start. of allowing Congress and the President We will be right back here with a budg- Once we get the economy up and run- to work together to reform our Na- et resolution next year and can extend ning again, we are going to need tough tion’s health care system so our fami- enforceable caps at that time. fiscal discipline to pay off the piles of lies can thrive. According to the order that has been debt run up by the previous adminis- I know this budget process is always entered into, I am happy to yield back tration and its allies in Congress. a partisan exercise, but it is my hope my time and go to Senator TESTER for Some DC politicians claim the budg- that when we start to work out the de- 7 minutes. et mess left to us by the Bush adminis- tails of health care reform, we do it in The PRESIDING OFFICER. The Sen- tration is an excuse to do nothing on a bipartisan manner. That is an issue ator from Montana. urgent priorities such as energy, edu- that impacts every American family. Mr. TESTER. Madam President, I cation, health care, and tax relief for So I hope we can work together to pass thank the Senator from North Dakota. middle-class families and Main Street commonsense solutions. I rise today to talk more globally small businesses. Continuing to accept Again, I thank Senator CONRAD and about the budget. After 8 long years of those excuses would be the worst mis- the Budget Committee for producing a failed Federal policies that have driven take we could possibly make. budget that continues to support one of our economy into the ditch, the Senate For example, we must take action on my highest priorities since coming to this week is finally considering a budg- comprehensive plans to overhaul our the Senate—honoring the service and et that sets us on the right path—a energy policy to make America energy commitment of our Nation’s veterans path that will get us out of the ditch— secure once and for all. Our national and their families. with balanced priorities for the Amer- security depends on us getting that This budget builds on bipartisan ef- ican people. It is about time. right. Energy security is national secu- forts in the last 2 years to boost fund- Last week, more than 5.5 million peo- rity. Ask the Eastern Europeans how it ing to get the VA into working order. ple filed for unemployment claims in felt when the Russians cut off their At long last, the quality of care at the this country. Unfortunately, that is a natural gas supply in the middle of VA is starting to improve. We have new record. Overall, the economy de- winter. We need to take aggressive ac- begun to bring some priority 8 veterans clined at an annual rate of 6.3 percent tion on energy policy. We cannot wait back into the system. This budget pro- in the fourth quarter of last year, and until gasoline prices push to $5 a gallon vides resources to continue those im- experts say it is continuing to shrink. again. We must try to develop a broad- portant steps. We are feeling the effects in Montana based energy policy, and we must act Finally, we need to pass this budget in the mining industry, wood products now. resolution to ensure middle-class tax Instead of a balanced energy policy industry, and especially in the con- relief, so ordinary folks can get ahead to ensure our security with renewables struction industry. and our Main Street small businesses and conservation measures, some peo- In fact, every county in northwestern can prosper. ple want to see us drilling more in our Montana is suffering from unemploy- This budget resolution is our na- untouched hunting and fishing habitat ment that is at 10 percent or worse. At tional mission statement. The mission places, such as the Rocky Mountain last week’s annual employment expo in of this Congress is to work with the Front. This makes no sense. There are Kalispell, MT, 4,000 Montanans showed President to get us out of the ditch and places we should drill, and Rocky up looking for a job. That is an in- rebuild our economy from the ground Mountain Front is not one of them. crease of 1,500 from last year; nearly a Montana has always been an energy up by cutting the Republican deficit in 40-percent increase. Times are tough. resources-producing State, and we al- half and investing in important prior- Some DC politicians say: Don’t worry ways will be. But we need to protect ities, such as energy, education, health about it; the recession is temporary. our outdoor heritage and invest in sus- care, middle-class families, and small But let me tell my colleagues, for folks tainable, renewable sources of energy businesses. who have lost their jobs or who fear such as biofuels, wind, solar, and geo- No budget is perfect, and I look for- they will lose their jobs at any time, thermal power. ward to supporting amendments that that kind of attitude is out of touch. This budget outline builds on the can improve this one. But this is a re- We need action now, and this Congress JOBS bill’s investment in renewable sponsible budget with balanced prior- is working with the President to pro- energy, efficiency and conservation, ities. I urge the Senate to pass it. vide that help. low carbon coal technology, and mod- I yield the floor. Earlier this year, we passed the ernizing the electrical grid. The PRESIDING OFFICER. The Sen- American Recovery and Reinvestment This budget also puts a priority on ator from Kentucky is recognized. Act, which I call the JOBS bill. The education. My life tells the story of the Mr. BUNNING. Madam President, I JOBS bill is creating and keeping mil- power of education and the opportunity rise to discuss the fiscal year 2010 budg- lions of jobs, and it is pumping hun- it provides. For me, the grandson of et. I also plan to discuss two amend- dreds of millions of dollars into our dry land homesteaders, to be selected ments—Nos. 817 and 818—which I would State’s economy to build roads, water by my friends and neighbors in the like to see considered. systems, repair our schools, health State of Montana to serve them in the As a member of the Budget Com- care facilities, and energy projects. Senate, that is a story that is only pos- mittee, I spoke on this budget last Throughout Montana and across rural sible because of my education. Smart week during the committee consider- America our infrastructure is worn investments in education generate eco- ation. I was unable to support it then, out. This JOBS bill is a first step to re- nomic growth and jobs. Education and and unless truly major changes are build our economy from the ground up training prepare our workers to com- made on the Senate floor this week, I by reinvesting in infrastructure and pete in a global economy. will not be able to support it as it providing tax relief for hard-working This budget prioritizes education comes up for a vote. Americans. This budget is the next from early childhood initiatives, such Since the President first gave us a step in that effort. as Head Start, all the way up to Pell preview of his plan, we have heard a lot For far too long in this town budget grants to make college more afford- about this year’s budget. I have found policies were set by folks whose ide- able. it to be very troubling. The budget pro- ology said ‘‘deficits don’t matter,’’ as Some on the other side also argue posed by the Obama administration is Vice President Cheney famously put it. their budget deficits are an excuse not unworkable, and I think everyone That was nonsense then and it is non- to reform health care in this country, knows that. It spends too much, taxes sense now. Unfortunately, the legacy of but I believe we cannot afford to wait. too much, and borrows too much. that ideology is a national debt that We have to rebuild our health care sys- The numbers in the President’s pro- doubled between 2001 and 2007. I thank tem because it is broken. Too many posal were appalling to anyone who be- the chairman of the Budget Com- Americans lack health care. Too many lieves in any kind of fiscal restraint. It mittee, KENT CONRAD. We are cutting families live every day in fear that one got even worse 2 weeks ago, when the those record Republican deficits in half illness could ruin them. Congressional Budget Office predicted

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.047 S01APPT1 smartinez on PROD1PC64 with SENATE S4134 CONGRESSIONAL RECORD — SENATE April 1, 2009 the numbers used by the administra- tral reserve fund to repeal the 1993 in- gling taxpayers, we have to do it be- tion were far too optimistic. The Presi- crease in the income tax on Social Se- cause if we raised that deduction from dent’s proposal would double the pub- curity benefits. I brought this issue be- $3,000 and adjusted it for inflation, it licly held national debt to more than fore the House and before this Chamber would be over what I propose—at $15 trillion. Annual spending would before. In fact, earlier this year on a $15,000, which you could deduct from leap from $24,000 per household to stimulus bill, I offered an amendment your adjusted gross. Prominent econo- about $32,000 per household. This plan to repeal this unfair tax for just 1 year. mists have noted that by eliminating would also raise taxes by $1.4 trillion That amendment failed. some of the downside risks of invest- over 10 years. The increase in debt is With this amendment, I am taking a ing, increasing the capital loss deduc- also staggering. The President’s pro- different tack and using a deficit-neu- tion will stimulate investment and posal would double the debt held by the tral reserve fund to repeal the 1993 So- economic growth. public in 5 years and nearly triple it cial Security tax increase completely. This amendment is a winner for tax- over 10 years. This should be familiar to the chair- payers and a winner for our economy In fact, the proposal would create man of the Senate Budget Committee, at a time when they both need some more debt than every previous Presi- since he offered a similar amendment wins. dent from George Washington to using a deficit-neutral reserve fund I yield the floor. George W. Bush. With numbers such as during the budget consideration last The PRESIDING OFFICER (Mr. that, it is not surprising that the au- year. I remind my colleagues that his CARDIN). The Senator from Rhode Is- thors of this budget resolution before amendment passed last year by a vote land is recognized. Mr. REED. Mr. President, I rise in us today had to make some changes. of 53 yeas to 46 nays. While I applaud the efforts of Chair- When the Social Security program support of this budget resolution. I particularly commend Senator CONRAD for man CONRAD to attempt to rein in was created, benefits were not taxed at some of the worst aspects of the admin- all. However, in 1983, Congress changed his extraordinary work. Later, at the conclusion of my brief istration’s budget proposal, it appears the rules of the game by passing legis- remarks, I will call up an amendment. we may only have an ‘‘Obama lite’’ lation to taxing up to 50 percent of a We have a situation that is unprece- version before us. In fact, Peter Orszag, senior’s Social Security benefit if their dented in the history of the country— Director of the Office of Management income was over $25,000 for a single in- extraordinary economic challenges, ex- and Budget, tells us the two versions dividual or $32,000 for a couple. In 1993, traordinary international challenges. are 98 percent the same. The budget on as I sat on the Ways and Means Com- This budget resolution is designed to the floor still has the same problems mittee at the time, Congress felt that and will, I believe, help get our econ- and, in some cases, new problems. taxing 50 percent of benefits wasn’t omy moving again and serve as a cata- President Obama promised a new era good enough. lyst for job creation and for long-term of transparency in Government. This is That year, Congress passed, and growth. It will also put this Nation on one reason why he submitted a 10-year President Clinton signed, a bill that al- a sustainable path in a fiscal dimen- budget proposal. However, the proposal lows 85 percent of a senior’s Social Se- sion. The budget resolution reflects a before us is only a 5-year projection. curity benefits to be taxed if their in- commitment to transparency and re- Also, the President’s budget assumed come was above $34,000 for a single tax- stores honesty and integrity to the that Congress would continue to patch payer or $44,000 for a couple. The addi- process. The budget incorporates the the alternative minimum tax, which tional money this tax raises doesn’t cost of the wars in Iraq and Afghani- digs deeper and deeper into the middle even go to help Social Security’s sol- stan, which were notably neglected in class each year. This budget assumes it vency. It goes, instead, to the Medicare past budgets. It enhances oversight of will be fixed for only the first 3 years of Part A Program. I opposed this tax in- Government, including defense pro- this 5-year plan. Everyone here knows crease then, and I oppose it today, be- curement spending, to root out waste, we are going to have to take care of cause 14 million seniors are hit by an fraud, and abuse. those other 2 years, as we should. How- 85-percent tax on their Social Security We are in very challenging cir- ever, it looks like we still have more benefits. cumstances, both domestically and tax increase here. On one hand, we tell seniors to plan internationally, and this budget re- It defies logic that this budget tar- and save for retirement; on the other flects and faces up to those challenges. gets tax hikes on the very people who hand, we tax them for doing just that. Against these daunting challenges, are good at creating jobs. We know This amendment puts the Senate on the priorities reflected in the budget that 70 percent of all job growth in the record that this 85-percent tax tier are clear: lower the tax burden on United States—when we had it—came would be eliminated, and the maximum working men and women and small from small business. This budget penal- amount of Social Security benefits businesses, trim health care costs, in- izes the people who are responsible for that could be taxed would be 50 per- vest in education, and reduce our de- two-thirds of the small business jobs. cent. pendency on foreign oil. One of the most basic economic prin- If Congress passed legislation to do For too long, these challenges have ciples is that if you want less of an ac- this, millions of seniors would be able undermined our economic vitality, and tivity, you tax it more. Well, we must to keep more of their Social Security they will continue to drive down want less job creation. benefits. I hope my colleagues can sup- progress unless we take essential steps, Maybe we only want to create jobs port this amendment when it comes up as reflected in this budget, to deal with for Government bureaucrats who spend for consideration. them. These are reasonable and nec- other people’s money and our grand- I am offering another amendment to essary provisions. They represent a children’s and children’s money. pave the way for relieving taxpayers way to grow our economy and put more As I have outlined, this budget has who have suffered devastating capital money in the pockets of middle-class many other problems. It spends too losses during these troubled economic Americans. much, taxes too much, and borrows too times. Many taxpayers have been We are inheriting a weakened fiscal much. I urge my colleagues to join me forced to sell their homes, stocks or position based on the policies of the in supporting changes that would make any kind of capital asset at a loss. Our last 8 years, marked by an economic this a responsible and fair piece of leg- constituents will be stunned to learn ideology that extended significant tax islation. they can only deduct $3,000 of those cuts to the very wealthiest, skewing I also wish to take a few minutes to losses from their adjusted gross in- these tax cuts so they benefitted a very talk about the two amendments I will come. The $3,000 limit was set in 1976, few rather than ordinary Americans. be introducing later in the marathon when tax writers seemed to be ignorant The Obama administration inherited we have tomorrow. The first is espe- about the impact of inflation. That an economic mess, a $1.3 trillion budg- cially important for many of our sen- limit is ridiculous in today’s dollars. et deficit and a near doubling of the iors because it deals with taxes on So- My amendment creates a deficit-neu- public debt, rising from $3.3 trillion in cial Security benefits. The amendment tral reserve fund for increasing the 2001 to $5.8 trillion in 2008. This dou- I will be offering sets up a deficit-neu- capital loss deduction. If it helps strug- bling of our debt occurred at a time of

VerDate Nov 24 2008 23:38 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.031 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4135 macroeconomic prosperity and strong Mr. GREGG. Mr. President, I want to We have a difficult series of choices productivity growth. Yet, for middle- make sure the Senator’s rights are pro- before us. I believe this budget and the class Americans who have been work- tected. work of Senator CONRAD have posi- ing harder and more innovatively, The PRESIDING OFFICER. The Sen- tioned us to respond to the crisis of the there is little or no job creation. In ator from New Hampshire. moment and positioned us to take op- fact, family incomes fell $2,000 between Mr. GREGG. We are going to get a portunities of the future. 2000 and 2007. Simply put, most fami- vote on the Senator’s amendment prior AMENDMENT NO. 836 lies saw their income fall by $2,000 in a to the vote-arama? Mr. President, I ask unanimous con- period of economic boom and pros- Mr. CONRAD. Absolutely. sent to set aside the pending amend- perity, and we have to reverse that. We The PRESIDING OFFICER. Is there ment and call up amendment No. 836, have to make an economy that will objection to the request of the Senator the Reed-Snowe LIHEAP amendment. provide the jobs and the growth of in- from North Dakota? The PRESIDING OFFICER. Without Mr. CONRAD. I ask unanimous con- come that Americans depend upon to objection, it is so ordered. sent that Senator REED be able to call educate their children, provide for The clerk will report. up his amendment. their health care needs, and to con- The legislative clerk read as follows: The PRESIDING OFFICER. Without tribute to their community. The Senator from Rhode Island [Mr. REED], objection, it is so ordered. This budget will provide that path of for himself, Ms. SNOWE, Mr. DODD, Mr. KEN- Mr. REED. Mr. President, may I in- sustainable economic growth. It will do NEDY, Mr. KERRY, Mr. LEAHY, Mr. quire how much time I have remain- so by making investments to counter LIEBERMAN, Mr. SANDERS, Mr. SCHUMER, and ing? Mr. WHITEHOUSE, proposes an amendment some of the downward spiral we have The PRESIDING OFFICER. We are numbered 836. seen over the last several years. doing some quick arithmetic. There is It will invest in tax reform. This The amendment is as follows: 4 minutes remaining. (Purpose: To increase funding for the Low- budget provides tax cuts for 95 percent Mr. REED. Mr. President, can you re- of working Americans. It will close tax Income Home Energy Assist (LIHEAP) by mind me or let me know when 1 minute $1.9 billion in FY 2010) loopholes to ensure that we are all pay- remains? On page 21, line 24, increase the amount by ing our fair share. It will eliminate The PRESIDING OFFICER. The $1,900,000,000. some complicated, sophisticated tax Chair will so advise the Senator. On page 21, line 25, increase the amount by shelters that benefit the wealthy but Mr. REED. Mr. President, we are $1,330,000,000. do not benefit working families. dealing with a plethora of issues that On page 22; line 4, increase the amount by In addition, it will focus on health are absolutely critical to the economic $532,000,000. care reform, which is necessary not On page 22; line 8, increase the amount by success of the country. I mentioned cli- $38,000,000. only for our position as citizens but mate effects. I mentioned investment On page 27, line 23, decrease the amount by also for our economic future. Despite in reducing our carbon footprint. All of $1,900,000,000. technological innovation, despite tech- these have been outlined and provided On page 27, line 24, decrease the amount by nological advances in medicine, far too for in this budget resolution. $1,330,000,000. many of these basic services are out of We are also going a long way to in- On page 28. line 3, decrease the amount by reach of Americans. They are simply $532,000,000. vest in the future of the country On page 28, line 7, decrease the amount by not affordable or accessible. This budg- through education. I am pleased to see $38,000,000. et will set the parameters for signifi- that this proposal includes a deficit- Mr. REED. Mr. President, very brief- cant health care reform. neutral reserve fund for higher edu- ly, this amendment would enhance and It will also begin to address the issue cation to allow for expanding student increase funding for the LIHEAP proof global warming, which has huge im- aid. gram. It is a program that is abso- plications internationally. I have worked with Senator COLLINS lutely essential as we see energy prices Mr. CONRAD. Mr. President, if I can on an amendment to ensure that this speak to the Senator through the begin to creep up again. When it hits reserve fund may be used for increased again next winter, we will need these Chair. investments in the Leveraging Edu- The PRESIDING OFFICER. The Sen- funds. When heating costs increase this cational Assistance Partnership or summer in the Southwest and South- ator from Rhode Island has the floor. LEAP program which provides critical Mr. REED. I gladly yield to the Sen- east, we will need these funds. need-based grant aid and support serv- ator. I am proud to join Senator SNOWE in ices to low-income students. Mr. CONRAD. In addressing the supporting this amendment. I urge my This budget also provides for in- Chair, first of all, I apologize to the colleagues to support it when it comes creased spending on Pell Grants, and as Senator for interrupting. It is impor- up for a vote. such, invests in our greatest resource, tant that we get another unanimous Mr. President, I yield the floor. the talent and innovation and imagina- consent agreement in effect at this mo- The PRESIDING OFFICER. The Sen- tion of America. In that sense, I think ment. ator from North Dakota. this is a very strong step forward. I ask unanimous consent that at the Mr. CONRAD. Mr. President, under The budget helps deal with the issues conclusion of Senator REED’s discus- the consent agreement, I believe Sen- facing small business in terms of pro- sion, Senator JOHANNS be recognized ator JOHANNS is recognized for 12 min- viding, for example, $880 million for the for 12 minutes and that Senator utes, followed by Senator WHITEHOUSE. Small Business Administration. It is WHITEHOUSE then be recognized for 12 Then I understand Senator GRAHAM small businesses, indeed, that create minutes. I make that request. would like to speak on the Johanns the jobs. Too often in the past, we have The PRESIDING OFFICER. Is this amendment for 5 minutes. I ask unani- talked the talk but not walked the for debate only? mous consent that after Senator Mr. CONRAD. This is for debate only. walk. This budget provides real re- WHITEHOUSE, Senator GRAHAM be rec- The PRESIDING OFFICER. Is there sources for the Small Business Admin- ognized for 5 minutes. objection? istration. The PRESIDING OFFICER. Without Mr. CONRAD. Does Senator JOHANNS We have very difficult decisions to objection, it is so ordered. have an amendment to offer? make, but we have made them before. I The Senator from Nebraska is recog- Mr. JOHANNS. It is not an amend- can recall being elected in 1990, begin- nized. ment but a motion. I can provide it to ning in 1991 with a huge deficit. Mr. JOHANNS. Mr. President, just so the Senator from North Dakota. Through the tough decisions we made we are clear on this procedure, I sup- Mr. CONRAD. If the Senator could here, a Democratic Congress following plied a copy of my motion to the chair- discuss it but not formally offer it so a Democratic Congress, we were able to man of the Budget Committee. It is we get it in the right place in the not only turn the economy around but being reviewed. I would like the oppor- queue—would that be acceptable to the reduce the deficit. That is something tunity to speak on it now. Senator? we have to do going forward, and we I rise to discuss this motion which I Mr. JOHANNS. Mr. President, that is must do that. I think this budget will firmly believe would bring a bit of fis- acceptable. position us to do that. cal responsibility back to Washington

VerDate Nov 24 2008 23:54 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.033 S01APPT1 smartinez on PROD1PC64 with SENATE S4136 CONGRESSIONAL RECORD — SENATE April 1, 2009 at a time where I fear spending re- that we will be watching through the chairman. I note also that the chair- straint has gone out the door. dancehall window as economic engines man has been careful and thoughtful in The budget before us increases non- of other nations carry the world econ- his comments regarding the use of defense discretionary spending by 9 omy. budget reconciliation. Again, I applaud percent. That translates into $42 bil- Consider this sobering thought: If that. I think my amendment just lays lion over last year’s levels. My motion this budget passes, a few years from this issue before us and gives us the would instruct the Budget Committee now we will be spending more on fi- chance to stand for the Senate. to take the budget resolution back to nance charges than on the entire de- I would like to emphasize one other the committee and limit the overall in- fense budget. Put another way, our fi- point. I have tried to make clear that creases to CBO’s projected rate of in- nance charges will be eight times the the merits of climate change are not at flation. The motion asks that we do Nation’s education budget. The budget issue. This body will thoughtfully con- this for each of the budget years. The before us is comparable to a family sider climate change given the chance. motion would save $36 billion in 2010 running up so much credit card debt What is uncertain—and the issue before and $194 billion over the 5-year budget that their finance charges are more us—is whether we have an open, robust window. than the house payment. We have lost debate and the opportunity to share I would like to point out that my mo- our way. with our constituents the content of tion does not attempt to dictate which Gone are the days when $1 million the legislation and the amendments we programs are prioritized for funding or was a significant amount of money to offer. which are cut back. Instead, my mo- invest in a program. Some think it is a I thank most Members on the other tion ties the aggregate spending to the bargain if we just spend $100 million or side of the aisle for their support and rate of inflation. It asks the Budget even $1 billion. More and more com- their reasoned approach. In fact, eight Committee to take a scalpel to the monplace are bills that actually spend Members who are Democrats joined me budget line by line, which is exactly $1 trillion. How did we get spending so in a letter to the leadership of the what the President has promised to do. out of control? Budget Committee. My amendment di- Government simply cannot be every- It seems as if every time legislation rectly addresses the concerns in that thing to everyone, and at some point, is passed, we end up by just non- letter. In reality, the proposed solution tough spending decisions do have to be chalantly raising the debt limit. How in the letter is exactly what my made. long do you think our Nation can keep amendment is doing. Some may wonder why I chose to going down this course of unrestrained Additionally, a man I respect a great limit spending to the rate of inflation. spending? Not very long. deal, another Democratic Senator, the The answer to that is very straight- We have a country that lives on cred- junior Senator from North Dakota, forward. If the average cost of goods it, and we are close to maxing it out. also indicated his opposition in his own and services for folks has increased by Then what? Well, I will tell you what. letter. My amendment addresses these a certain percentage, I believe it makes Our dollar will be worth nothing. No concerns. common sense to require the Federal one will want to invest in the United The chairman of the Finance Com- Government to spend within the same States, and economic growth will stall. mittee has indicated that using rec- range. The American people cut back I shudder at the thought. onciliation ‘‘is not a good idea.’’ I during tough economic times. Yet their I mentioned China a minute ago. could not agree more. House Demo- Government is blatantly rejecting that They are the largest foreign holder of crats on the Energy and Commerce commonsense principle. If you do not our debt. Why do we allow that to hap- Committee urge the use of ‘‘hearings, have enough money to pay for some- pen? I don’t know about you, but we markup and regular order’’ instead of thing, well, you shouldn’t buy it. While need something to change the course. budget reconciliation. most American families are planning This motion just simply takes a step I could quote on and on from Mem- to spend less this year compared to last back from bloated spending and a step bers on both sides who have stood with year, isn’t it eminently sensible that forward to fiscal responsibility. me on this issue and have expressed their Government increase spending no Before I yield the floor, I would like their concern long before I arrived. I more than the rate of inflation? to offer a few short and very straight- thank them for protecting the integ- It is clear that this budget does not forward comments about an amend- rity of the Senate process, and I offered have enough revenue to pay for its ment that I offered on Monday. It has that amendment in that bipartisan price tag, $3.6 trillion, even though it not yet come up for a vote. I hope the spirit. levies a massive tax increase on hard- delay means my colleagues are think- I yield the floor, and I yield my time. working Americans to the collective ing long and hard because it is an The PRESIDING OFFICER. The Sen- tune of $1.7 trillion. Instead, the budget amendment that stands for the Senate. ator from North Dakota is recognized. piles more debt on more debt, so much It basically says: Don’t use reconcili- Mr. CONRAD. Mr. President, under so that the debt per household for fis- ation for climate change legislation. the order, Senator WHITEHOUSE is next. cal year 2010 would be $74,000. Consid- First, climate change and energy are If I could just say, Senator ering that the average hourly wage in important enough that the Senate WHITEHOUSE is a very valued member my home State is about $17 an hour, it should deliberate these issues care- of the Senate Budget Committee. He would take most Nebraskans about fully. Haste leads to error and con- brings a wealth of experience to the 4,200 hours to earn that much money. sequences. I remind my colleagues that committee, especially on health care, That is an astronomical amount of budget reconciliation means far-reach- and he has been extremely energized on debt. ing cap-and-trade legislation would the issue of the use of information But why should people back home only get 20 hours of debate. That is technology to reduce cost and improve worry about the debt the Government right. If the leadership keeps the Sen- health care outcomes. He has also been continues to amass? Because debt be- ate floor open all night long, a $250-per- very focused on health care reform and comes unsustainable. When this occurs, month increase in energy bills could the significant opportunity that is for the interest consumes more and more pass the Senate in just 1 day. the country, and, of course, global cli- of the revenue, leaving virtually no Second, let’s not permit the House to mate change, protecting the planet, money left to fund programs. Then you dictate how we do business in the Sen- and being concerned about environ- find yourself borrowing more and more ate. I tried to suggest to my colleagues mental values. to offset the difference. It is not a pro- that the House budget is a Trojan horse We are very fortunate to have Sen- ductive dance—taking one step for- meant to force the Senate’s hand. ator WHITEHOUSE as part of the com- ward, two steps back, then one forward, Many of my colleagues understand and mittee. three back, year after year, until pret- know exactly what the House leader- The PRESIDING OFFICER. The Sen- ty soon you are not on the dance floor, ship has in mind. ator from Rhode Island is recognized. and if you are not careful, you are not I know the chairman of the Budget Mr. WHITEHOUSE. Mr. President, I even in the dancehall. We will be so in- Committee has indicated he will resist. thank the distinguished chairman very debted to our creditors, such as China, I applaud him for that. I thank the much for those very kind and gracious

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Without great deal of complaining and not a face $35 trillion in unfunded Medicare objection, it is so ordered. great deal of contributing. liabilities, with not a nickel set aside (See exhibit 1.) Mr. WHITEHOUSE. Also, on Thurs- Are their complaints sincere? Well, against those liabilities. day, Mr. President, Consumers Union perhaps. I am sure some are sincere. No one seriously now questions the presented new polling data about But in evaluating them, we should bear need for fundamental health care re- Americans’ experiences with the health this in mind: Under George Bush, the form, and it is time to come together care delivery system that confirms the difference between the budget projec- to determine what that reform will urgent need for delivery system re- tions he inherited from President Clin- look like and how we can get it done. form. In the poll, 18 percent of respond- ton and the budget performance he left That would be a productive thing to ents reported that either they or an for President Obama was a negative talk about with regard to this budget. immediate family member contracted nearly $9 trillion—a massive, reckless An event last Thursday marked an an infection following a medical proce- landslide of fair-weather debt. important step forward on health care dure, and more than 60 percent of those Mr. CONRAD. Mr. President, will the reform. The American Cancer Society, reported that the infection was severe Senator yield? Again, I apologize for the American Diabetes Association, or life-threatening. Mr. President, 13 interrupting. the American Heart Association, and percent of respondents have had their Mr. WHITEHOUSE. Of course, I will Consumers Union came together to medical record misplaced, and 9 per- yield. issue a joint statement on the vital im- cent have received the wrong prescrip- Mr. CONRAD. Just for a moment, for portance of including health care deliv- tion from the pharmacist. Only half of the purpose of a unanimous consent re- ery system reform as part of any com- adults—only half of adults—receive quest. prehensive health care legislation that routine preventive medical tests, and Mr. President, I ask unanimous con- Congress should move this year. I was for adults 35 years and younger, only 30 sent that after Senator WHITEHOUSE is proud to join them at their announce- percent even visit a doctor for routine done, Senator GRAHAM be recognized ment, together with Senator SCHUMER testing. for 5 minutes and then Senator ENZI for and Senator ROCKEFELLER. At our event last week, these organi- 5 minutes. These organizations represent tens of zations emphasized the importance of The PRESIDING OFFICER. Without millions of Americans—Americans liv- preventive care. As is so often the case objection, it is so ordered. ing with chronic illness, with cancer, in our health care system, no data or Mr. CONRAD. I apologize for this with diabetes, with heart disease, and information is as compelling as a per- interruption, but I have to go to an- millions more who are consumers of sonal story, and we were fortunate on other committee to introduce someone health care in this country. These or- Thursday to hear an extraordinary one. who is up for a nomination. So I needed ganizations and their members under- Gina Gavlak is a diabetes center and to do it at this moment to make cer- stand the failures and the tragedies of emergency department nurse and the tain there is a good flow. our health care system. Separate and vice chair of the American Diabetes I thank the Senator very much. together, their voices are powerful, and Association’s advocacy committee. Mr. WHITEHOUSE. I understand per- I would like to share some of what they Gina was diagnosed with diabetes at fectly, and I appreciate the chairman’s said. age 10, and has been living with the dis- diligence in ensuring a smooth flow of ease for the last 29 years. She has worn The number of uninsured Americans ex- an insulin pump 24 hours a day, 7 days this important legislation. ceeds 45 million. Health care costs are rising So we have this litany of complaints faster than incomes. We spend at least twice a week, 365 days a year for the past 12 from the side that is responsible for the as much per capita on health care as our years. Before using the pump, Gina Bush debt of nearly $9 trillion. Now major trading partners, and we rank 37th in took over 21,000 insulin injections, an that President Obama has to dig out the World Health Organization’s evaluation average of 6 times a day. from under the Bush economic col- of health systems worldwide. The major Gina has battled pre-existing condi- lapse, now that we are in a deep eco- chronic diseases—cancer, diabetes, cardio- tion rules and outrageously high insur- nomic recession, now, in the one time vascular diseases, and stroke—account for ance premiums, but her biggest battle three out of every four deaths in the United has been the daily management of her when Government spending and bor- States, and the estimated total direct and rowing is justified to get us through disease. She has taken on this battle indirect health care costs for these chronic with extraordinary determination and the economic trough we are going diseases exceeds $700 billion each year. Much through, we are treated to lectures diligence, and with exemplary results. of America’s chronic disease burden could be Through extremely careful moni- about debt from our free-borrowing avoided through better coordination of care toring and management, she has had friends. The party of ‘‘deficits don’t and by applying known best practices to prevent the onset and progression of these con- only two hospitalizations and one matter’’ wakes up to this concern just emergency department visit due to dia- in time, coincidently, to thwart our ditions at the primary, secondary, and tertiary levels. betes. She has never missed a day of new President. While insurance coverage for all Ameri- work because of diabetes. She has had The grotesque folly of the Bush debt cans is an important goal, we must give two uncomplicated pregnancies result- was that it addressed things such as equal weight in the health care reform de- ing in the birth of her two healthy chil- lowering tax rates for America’s bil- bate to changes that improve the quality of dren. lionaires, not the core American prior- care, increase and improve the delivery of Gina’s story is both poignant and im- ities we need to address, in a country preventive services, and ensure that individ- portant. It shows the tremendous bene- that is failing to educate its children uals always receive care that is safe, efficient, and without unnecessary interven- fits that come from comprehensive as well as international competitors management of chronic disease—both do, a country whose energy policy tions, tests, and treatment. To achieve these goals we must make structural changes: Im- in quality of life and in reduced cost of hurts everyone except oil-producing prove our health information technology in- care. But not everyone has Gina’s nations and the oil and coal industry, frastructure; align financial incentives with unique drive and commitment. Many and a country mired in a disastrous evidence-based and cost-effective decision patients will need an interactive, orga- health care system. President Obama’s making; and develop a reliable process for nized, and prevention-focused health budget addresses these priorities. assessing the health value of new tech- care system to effectively manage Indeed, one of the highest priorities nologies. their care. in our budget proposal for fiscal year That is a part of the joint statement Unfortunately, this is not the health 2010 is a badly needed and long-overdue the American Cancer Society, the care system we have. The Cancer Soci- reform of that broken and dysfunc- American Diabetes Association, the ety, the Diabetes Association, the

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PRESS CONFERENCE The promise of . . . delivery system reform The reality is that in our country health (Dan Smith, President, ACS CAN, Mar. 26, measures to lower costs is the most humane care remains largely fragmented and unco- 2009) avenue to a financially sustainable health ordinated, and as a result, we miss many op- I want to thank you—Senator Whitehouse, care system . . . portunities to both improve the quality of Rockefeller and Schumer for gathering us all Although coverage for all Americans is a care that patients receive and prevent dis- here today to talk about the importance of vital component of this change—a simulta- ease altogether. fixing the way we deliver health care in this neous effort aimed at securing high-quality, Unfortunately, a patient with chronic dis- country. We are encouraged by the work cost-effective preventive care is equally im- eases like heart disease, stroke, cancer or di- that Congress is already doing in this regard portant . . . the time for comprehensive abetes often serves as the poster-child for and we look forward to working with you as health care reform has arrived and our orga- these missed opportunities. As a heart sur- you move forward. nizations will work together to help create a geon, I have witnessed many such exam- The American Cancer Society Cancer Ac- health care system capable of consistently ples—both in the prevention and treatment tion Network, the advocacy affiliate of the delivering the most effective, patient-cen- of patients with cardiovascular disease. I see American Cancer Society is adding its voice tered care. conditions that could have been prevented or to this discussion because the quality of our These efforts will improve the quality of caught at an earlier, more treatable stage if nation’s health care system will affect our life and health outcomes for millions of peo- risk factors—such as hypertension or high success in the fight against cancer. ple who suffer from a chronic disease, and cholesterol—had been identified and treated Providing all Americans with access to lead to more efficient use of our nation’s appropriately. And I have seen problems that high quality health care will significantly health resources. could have been avoided if evidence-based reduce the rates of cancer incidence and The time has indeed come, not only guidelines were followed. mortality and will measurably improve the for coverage reforms that will bring all For example, we know that patients who quality of life for all people with cancer. Americans the security and stability develop a hospital-acquired infection after I am happy to be standing with my friends from The American Heart Association, The that health insurance provides, but undergoing coronary artery bypass surgery have worse outcomes and are twice as likely American Diabetes Association, and Con- also for a fundamental overhaul of the to be readmitted to the hospital compared to sumers Union. way our delivery system provides care. those without an infection. We also know Five years ago, the American Cancer Soci- That is a necessary investment this that administering an antibiotic before surety, the American Heart Association, and budget makes. gery reduces a patient’s risk of a post-opera- the American Diabetes Association joined We have to be smart about this. We tive infection 5–fold. And yet studies have forces to create the Preventive Health Part- know how bad the system is; we see its shown that correct antibiotic use pre- nership. looming catastrophic costs; we must operatively continues to be uneven, which The Partnership’s goal is to reduce the results in unnecessary complications and re- burden of chronic disease by focusing health invest the time, the money and the ef- care policy on prevention. Our organizations fort to transition to a modern, safe, ef- hospitalizations for some patients. As a physician, I can also attest to the tre- all agree that insurance reform by itself is ficient and healing health care system. not sufficient. Real reform must include That is why this President’s budget mendous challenge that doctors and other healthcare professionals face in staying cur- changes in the way we deliver services to matters. That is why President rent on the latest evidence and guidelines. people. Obama’s budget is worth passing; it As the Institute of Medicine said in its land- We believe all Americans should have ac- looks beyond the sorry politics of mark 2001 report, Crossing the Quality cess to adequate health care coverage. But today and addresses the real problems Chasm, ‘‘[Health care] today is characterized coverage is not enough. We must also fundamentally transform the health care deliv- Americans have to cope with day to by more to know, more to do, more to manage, more to watch, and more people in- ery system. day, in their regular lives. That is why we must move from a system volved than ever before.’’ I ask unanimous consent that state- focused on episodic treatment of disease to ments by Dr. Timothy J. Gardner and The American Heart Association and other one that focuses much more heavily on Dan Smith, and a Consumer’s Union scientific organizations have invested a wellness, disease prevention and early detec- great deal of time, effort, and money devel- Release be printed in the RECORD. tion. oping evidence-based guidelines and science We must also: There being no objection, the mate- statements to help healthcare professionals rial was ordered to be printed in the Increase the delivery of prevention serv- give their patients the highest quality care ices to detect and mitigate the potential RECORD, as follows: possible. The Heart Association’s Get With harm of serious diseases and conditions; CONGRESSIONAL BRIEFING ON HEALTH SYSTEM The Guidelines quality improvement pro- Enhance knowledge and awareness of how REFORM grams, now being used in over 1600 hospitals good outcomes can be achieved; and (Prepared Remarks for Dr. Timothy J. around the country, are translating many of Reward providers that utilize them. Gardner, Mar. 26, 2009) our science-based Guidelines into practical In fact, by applying proven prevention and systems of care that reflect best practices. I am pleased to be here today on behalf of early detection strategies that we have Interdisciplinary health professional team 2 the American Heart Association to highlight available right now up to ⁄3 of all cancers training and programs that promote the co- the need for health system reforms that will can be prevented. ordination of acute patient care are helping result in the high-quality, cost-effective care Investing in these strategies will improve our health providers manage increasingly that our patients deserve. The Heart Asso- the health of our nation and slow the growth complex medical care. For example, the ciation is very pleased to be joined at today’s of health care spending. Heart Association launched its Mission: Life- event by Senators Whitehouse, Rockefeller All four of our organizations are releasing line program, which seeks to decrease crit- and Schumer and to be collaborating on the a joint statement today in support of health ical time to treatment and increase adher- statement we’re announcing today with the care delivery system reform. ence to evidence-based therapies for patients American Cancer Society, the American Dia- We all agree that the signs and symptoms with the deadliest type of heart attack by es- betes Association, and the Consumers Union. of our broken health care system are numer- Cardiovascular disease, including heart at- tablishing regional systems of care. ous. tack and stroke, is the nation’s leading During the briefing session, I shared some We must address not only coverage and ac- cause of death and the most costly disease. of the tools and strategies developed by the cess, but fundamental delivery system re- Cumulatively, the leading chronic diseases— American Heart Association that can serve form. heart disease, stroke, cancer and diabetes— as models of what needs to be done to sys- We believe that the time for comprehen- account for three out of every four deaths in temically increase quality of care, with the sive health care reform has arrived. Our or- the U.S. and the estimated total cost for added benefit of spending healthcare dollars ganizations stand ready to help create a these diseases exceeds $700 billion each year. more effectively. By doing so, we will be health care system that delivers effective pa- The American Heart Association supports doing our part to ‘‘bend the cost curve’’ for tient-centered care. reforms that will extend affordable coverage cardiovascular disease. to all Americans. Equally important, the We look forward to working with Senators CONSUMER REPORTS POLL: MORE AMERICANS Heart Association supports measures that Whitehouse, Rockefeller, Schumer and oth- ACQUIRING MEDICAL INFECTIONS AND EXPE- will improve the value of cardiovascular and ers in Congress, as well as with our partners RIENCING MEDICAL ERRORS other chronic disease prevention and care. in the chronic disease and consumer commu- WASHINGTON D.C.—A new Consumer Re- Delivery system changes that speed the nity, to enact meaningful health reform that ports poll finds that 18 percent of Americans translation of new knowledge to practi- not only provides health insurance coverage say they or an immediate family member tioners and strategies that improve care co- to all Americans but also makes care more have acquired a dangerous infection fol- ordination are essential to reducing mor- patient-centered, reliable, and efficient. lowing a medical procedure and more than tality and morbidity from heart disease, Thank you. one-third report that medical errors are

VerDate Nov 24 2008 23:54 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.016 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4139 common in everyday medical procedures. sumers are paying to fix bureaucratic errors We believe that the time for comprehen- The new poll, which assessed people’s experi- and medical harm that can easily be avoided. sive health care reform has arrived and our ences with the health care system, also We need to make sure more Americans have organizations will work together to help cre- found that only half of adults participate in access to basic public information on hos- ate a health care system capable of consist- routine preventive medical testing. pitals quality of care and disclosure of infec- ently delivering the most effective, patient- ‘‘Healthcare-acquired infections and med- tion rates and medical errors.’’ centered care. These efforts will improve the ical errors can devastate American families About the poll quality of life and health outcomes for mil- who are already struggling with the cost of The Consumer Reports National Research lions of people who suffer from a chronic dis- health care,’’ said Consumers Union Presi- Center conducted a telephone survey of a na- ease, and lead to more efficient use of our dent Jim Guest. ‘‘These preventable errors tionally representative probability sample of nation’s health resources. and infections can cost families hundreds—if telephone households. A total of 2,005 inter- The PRESIDING OFFICER. The Sen- not thousands—of extra dollars each year, views were completed among adults ages 18+. ator from Wyoming is recognized. and add tens of billions of dollars to our na- The margin of error is +/- 2.2% points at a Mr. ENZI. Mr. President, I have been tional health care costs. It is imperative 95% confidence level. allocated 5 minutes. I ask the Chair to that Congress pass health care reform legis- EXHIBIT 1 lation that includes simple safety provisions let me know when 1 minute is remain- to help save lives and fix our broken health AMERICAN CANCER SOCIETY, AMER- ing. care system.’’ ICAN DIABETES ASSOCIATION, The PRESIDING OFFICER. The The new poll was released in conjunction AMERICAN HEART ASSOCIATION, Chair will so notify the Senator. The with a Congressional briefing on health care AMERICAN STROKE ASSOCIATION, CONSUMERS UNION. Senator from Wyoming is recognized. delivery system reform with the American Mr. ENZI. Mr. President, today is Cancer Society, American Diabetes Associa- JOINT STATEMENT ON HEALTH CARE DELIVERY SYSTEM REFORM April Fool’s Day and the biggest prank tion and the American Heart Association. I have seen so far is the one proponents The poll was performed March 12–16, 2009, Our health care system is in desperate and interviewed more than 2,000 adults on need of reform. The number of uninsured of this budget are trying to pull on the issues such as acquired infections, medical Americans exceeds 45 million; health care American taxpayer. errors, and preventive care. costs are rising faster than incomes; health Proponents of this budget say the disparities persist; and although we spend at HEALTHCARE ACQUIRED INFECTIONS plan is transparent, but the authors least twice as much per capita on health care The Center for Disease Control and Preven- knowingly hide a stunning explosion in as our major trading partners, we rank 37th long-term debt by conveniently drop- tion (CDC) reports that almost 100,000 people in the World Health Organization’s evalua- die each year from an infection they con- tion of health systems worldwide. The signs ping the last 5 years of their budget. tract while in the hospital. Data from the and symptoms of a broken health care sys- Proponents of this budget say the new poll shows that the risks of medical in- tem are numerous and unmistakable, and we plan cuts taxes for low- and middle-infections continue to be very real. must address not only coverage and access, come families, but right there on page Nearly one-in-five (18%) reported that they but fundamental delivery system reform, to 32 is the blueprint for a plan that or an immediate family member had ac- truly cure what ails us. would raise taxes on anyone who drives quired an infection owing to a hospital stay The major chronic diseases—cancer, diabe- or other medical procedure. More than 6 out a car or heats their home that probably tes, cardiovascular diseases, and stroke—ac- includes almost everybody. of 10 reporting an infection told Consumer count for three out of every four deaths in Reports the infection was severe or life- the United States and the estimated total di- Proponents of this budget will say threatening. rect and indirect health care costs for these that it cuts spending, but this plan The risk of an infection increased 45 per- chronic disease areas exceed $700 billion each adds nearly $5 trillion to the public cent if a patient spent the night in the hos- year. These staggering human and economic debt in just 5 short years. pital. costs will increase as our population ages Proponents of this budget say this Fifty-three percent of Americans polled and as risk factors common to cancer, diabe- plan is honest because for the first said these infections required additional out tes, and cardiovascular disease rise in preva- time it extends protections against the of pocket expenses to treat the infection. lence. tenacious reach of the alternative min- Sixty-nine percent had to be admitted to a For Americans who struggle with a chronic hospital or extend their stay because of the disease, failure of the health care system to imum tax, but revenues from the AMT infection. provide quality care throughout the life mysteriously reappear in 2013 and 2014. ERRORS IN DIAGNOSTIC TESTING AND stages compounds the problems of coverage Proponents of this budget will say it TREATMENT and cost. Much of America’s chronic disease contains no reconciliation instructions Many Americans told Consumer Reports burden could be avoided through better co- and preserves an important minority they regularly encounter errors in routine ordination of care, and by applying known privilege. But this budget doesn’t pre- medical procedures like lab work, CAT scans best practices to prevent the onset and pro- clude reconciliation either, and my col- or blood testing. gression of these conditions, at the primary, leagues know that our brethren in the secondary and tertiary levels. More than one-third of Americans polled House of Representatives are banging believe it was very common or somewhat While insurance coverage for all Ameri- cans is an important goal, we must give on our Chamber doors with a budget common for an error to occur during a diag- that does include reconciliation— nostic procedure. equal weight in the health care reform de- Thirteen percent have had their medical bate to changes that improve the quality of which is odd because they don’t need it records lost or misplaced. care, increase and improve the delivery of at their end at all. They have a Rules Twelve percent have had a diagnostic test preventive services, and ensure that individ- Committee that takes care of all that. that was not done properly. uals always receive care that is safe, effi- Now I know folks back home in Wyo- Nine percent have been given the wrong cient and without unnecessary interven- ming are listening to me, scratching tions, tests, and treatment. To achieve these medicine by a pharmacist when they filled their heads and saying ‘‘what the heck their doctor’s prescription goals, we must make structural changes: improve our health information technology in- is reconciliation and why should I EARLY DETECTION TESTING frastructure; align financial incentives with care?’’ Let me sum it up this way: rec- Early detection testing is the key to fight- evidence-based and cost-effective decision onciliation is the on-ramp to a na- ing many common illnesses. The new poll making; and develop a reliable process for tional energy tax. Reconciliation will highlights the number of adults who have assessing the health value of new tech- make it impossible for me to protect not been screened for common diseases. nologies. your family from higher energy prices. While 94 percent of consumers felt it was The promise of these delivery system re- important to have routine tests for diseases, form measures to lower costs is the most hu- Reconciliation will make it impossible only 59 percent have discussed testing with mane avenue to a financially sustainable for me to protect your community their doctors and only 55 percent have actu- health care system. from cost-cutting layoffs. Reconcili- ally undergone tests. The American Cancer Society, the Amer- ation will make it impossible for me to This behavior increased sharply with age: ican Diabetes Association, and the American make your voice heard here in Wash- Among those 65 years and older, 73 percent Heart Association, joined by Consumers ington, DC. have visited their doctor for routine testing, Union, share a common objective: to reduce Reconciliation does not allow for a but among adults 35 years and younger, that the toll of chronic disease on individuals, full and open debate. Reconciliation percentage drops to 30 percent. families, and our nation. Although coverage ‘‘The findings of this poll clearly show that for all Americans is a vital component of does not allow a thorough vetting and we need to make fundamental improvements this change—a simultaneous effort aimed at amendment process. Reconciliation’s in the quality of care that is delivered to securing high-quality, cost-effective preven- fast-track nature shuts out members of American families,’’ said Jim Guest. ‘‘Con- tive care is equally important. the minority party and will shut out

VerDate Nov 24 2008 23:54 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.028 S01APPT1 smartinez on PROD1PC64 with SENATE S4140 CONGRESSIONAL RECORD — SENATE April 1, 2009 many centrist Democrats too. Rec- icit. Instead, this budget directs all minute to explain to me what you were onciliation is the declaration that any new taxpayer money to the expansion thinking. Your time started yesterday.’’ idea other than the majority party idea of big Government—more Government She would have chewed out our president for spending so many hours each day in front has no place at the drafting table—just programs we can’t afford. of TV cameras pushing his inflated budget as, so far, there has been no recogni- I think a newspaper columnist, Diane and stimulus package at the expense of ev- tion of a Republican idea. I know all Badget from Lovell, WY, said it best erything else. ‘‘Barack,’’ she would scold, the ideas aren’t great—but not even when she wrote how her mother would ‘‘you get out of that TV set right now and let one? react to what is happening in Wash- someone else have a turn. For heaven’s sake, As a former committee chairman and ington today. Diane wrote, ‘‘Momma you are a President now, not a candidate— the co-author of many successful bipar- always said, ‘If you don’t have enough start acting like it.’’ tisan bills, I know firsthand that ram- money to buy a quart of milk you don’t Boy, she would have let Congress have it! ‘‘You kids have until the count of three to ming through reconciliation is not a take someone else’s hard-earned cash stop that arguing and stomping around. successful model for good government, and buy ice cream.’ ’’ Don’t make me come up there or you’ll all be and it is certainly counter to the way The budget we are debating this week sorry!’’ There’d be a long pause and then Senator KENNEDY and I work together certainly would put us on the hook for she’d warn, ‘‘I don’t CARE who started it—if on the HELP Committee. Senator KEN- a lot of figurative ice cream all right— I have to come up there I know who’ll end NEDY and I strive to work together in a all kinds of flavors. This budget charts it!’’ bipartisan fashion to achieve legisla- ominous new policy directions for If Ma asked a plain question she’d expect a tion that both sides can support. Laws healthcare, education and energy. plain answer, and that would mean accepting responsibility for mistakes immediately. I like the Pension Protection Act, the I ask unanimous consent her entire can hear her now: ‘‘Don’t you be blaming Head Start reauthorization, and the article be printed in the RECORD at the this mess on each other. I know when some- MINER Act were hundreds of pages in conclusion of my remarks. one is wetting on my leg and telling me it’s length but passed with little dissent in The PRESIDING OFFICER. Without a rainstorm.’’ the Senate. The budget resolution we objection, it is so ordered. (See exhibit Ma didn’t believe in complex ideas. Heck, have adopt for the new fiscal year 2) I’m not even sure she understood them. ‘‘If ought to follow a similar bipartisan Mr. ENZI. Peter Orszag, Director of you keep things simple,’’ she’d be telling the the Office of Management and Budget, economists, ‘‘you don’t have so much to re- model, especially on issues like edu- member and fix later.’’ cation and health care which are so im- has argued that we need to fix health I don’t think the banking executives would portant to the future of our Nation. care in order to address our current get by unscathed, either. ‘‘Now, fellas, how Misusing the reconciliation process economic crisis—a sentiment echoed much sense does it make to bounce a check to get a health care bill is not the right by many in this Chamber. But this ar- and then send the bank another check to approach and it conflicts with the new gument misses an important point. If cover your overdraft? You know better than bipartisan spirit that President Obama we enact the wrong health care fix, our that! If you can’t learn how to handle money has promised. A bill passed without budget crisis will get even worse. Sim- then we need to rethink your allowances.’’ She would have rolled those incredible blue work and agreement by both parties on ply throwing more money at the prob- eyes and questioned the experts. ‘‘We have to the front end is more like a shotgun lem—as this budget suggests—is not a jump start the banks, jump start the auto in- wedding than legislating. solution. dustry, and jump start the economy? Maybe This budget includes a massive tax I am concerned about the direction of it’s time to stop jump starting and just re- increase—$361 billion in explicit tax energy policy in this budget. This place the stupid battery!’’ hikes and $1.3 trillion embedded in 27 budget leaves open the possibility of Throwing good money after bad was a pet different reserve funds. And despite the putting in place a carbon cap-and-trade peeve of hers, and she’d flat let the politi- ‘‘Robin Hood’’ rhetoric of taxing just system which will lead to higher en- cians hear about it. ‘‘Doggone it! If you drop a one dollar bill in the john and are dumb the ‘‘rich,’’ the tax increases contained ergy prices for families and small busi- enough to throw a five dollar bill in after it in this budget will hit all Americans. nesses. Enacting such a system is the to see what’s gonna happen, don’t whine No one is spared: This budget raises equivalent of placing a national tax on when someone else comes along and flushes taxes on energy. If you drive a car or energy usage. Raising energy prices at the toilet.’’ heat your home, your taxes will go up. a time when families are struggling to She wouldn’t have cared that Congress has That comes under cap and trade, and make ends meet just doesn’t make its own agenda and that it has nothing to do there is a clever little thing in here sense. with what she would think was best. She’d hit the hallowed halls of the Capitol Building which is where they get the tax cut I don’t support Federal policies that yelling, ‘‘As long as you are under MY roof from. They are going to raise your will increase energy costs, even in good you’ll do as you’re told.’’ taxes on all the energy you use, then economic times, but it is especially Ma didn’t believe in politics. She never they are going to give it back to you so troubling that the budget lays the voted. With an air of superiority I once made you can pay for that. But it will not be framework for this national energy tax the mistake of telling her that if she didn’t an equal distribution based on what when unemployment is above 8 percent vote she really shouldn’t be complaining you are using. and rising. about the people who got elected. I don’t re- This budget raises taxes on senior member much after that. What we need to do now is prepare Senators and Representatives wouldn’t citizens who are dependent on dividend for the worst and hope for the best. stand a chance against her common sense and capital gains income for the retire- That is the way to make a better fu- and strong moral fiber. She’d give one of ment income. ture because in the end this budget those guaranteed-to-have-you-regret-your- This budget raises taxes on chari- isn’t about numbers. It is about people. conception looks and pull no punches. ‘‘I table contributions at a time when we But this budget doesn’t prepare us for don’t care what the Speaker of the House need charity the most. the future. It robs from it. said to do. If she told you to jump off a cliff This budget reinstates the death tax, America, this budget taxes too much, would you do it?’’ Um, no Ma, not with you making it harder to keep the family spends too much and borrows too at the bottom ready to kick my behind when I landed. ranch or family farm or family busi- much. I am not fooled by this budget She definitely wouldn’t be happy about the ness in the family. and I hope you are not either. amount of money being discussed. ‘‘What in This budget raises taxes on small EXHIBIT 1 the heck is wrong with you? If you don’t business. More than half of all small [From the Lovell Chronicle, Mar. 26, 2009] have enough money to buy a quart of milk businesses that employ between 20 and you don’t take someone else’s hard earned IF MA WAS IN CHARGE 500 employees will see their tax bills cash and buy ice cream.’’ And she never rise and jobs eliminated. Small busi- (By Diane Badget) would have understood the concept of deficit ness is the incubator for entrepreneur- Gee, I wish my mom was in charge in spending. ‘‘You be careful with that money. ship and we should protect it and nur- Washington. Things would be a lot different When it’s gone, it’s gone.’’ with her up there watching every move. She If she’d known about the way health care ture it, not tax it. That is where the had eyes in the back of her head and nothing reform would be buried in the stimulus pack- community donations come from. got past her radar. age she would I have come uncorked. ‘‘Al- And most foolish of all, none of this Ma would have taken one look at the stim- right, just for that little stunt I’m going to ‘‘new’’ money will help reduce the def- ulus package and had a fit. ‘‘You have one sneak broccoli into everything you eat—and

VerDate Nov 24 2008 03:03 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.023 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4141 you’ll eat it and be grateful. There are thou- We have passed numerous bailout Behind it all, that is the proposition sands of starving Americans who would be bills over the past 6 months. We have for which opposition to cap and trade thrilled to have what you have.’’ just passed a $787 billion bailout for an stands. If you are opposed to cap and She would have chewed them out for being trade, then what you are saying is, it wasteful and for hoping that waste would economic plan intended to save or cre- somehow make things all better. ‘‘Garbage is ate millions of jobs. The American peo- should be free, it should continue to be garbage. No point in giving it a fancy name ple deserve the opportunity to have free for industry to pollute our atmos- because it won’t change the smell.’’ any climate bailout go through the phere and warm our planet and com- She’d look at all the palms outstretched regular order. promise the quality of lives of our chil- waiting for their share of the bailout and Frankly, the American people are de- dren. And we, as a party, the Repub- just shake her head. ‘‘I told you what would manding the opportunity to have a cli- licans are going to stand and defend happen if you got too big for your britches,’’ mate bailout go through regular order. that proposition. she’d lecture. ‘‘You got yourselves into this Such legislation should not be enacted Well, of course, they cannot say that. mess, so now you get yourselves out.’’ So they instead talk about bailouts What Washington needs is a good dose of using procedures that limit debate and Ma. She’d get them back on track. I think do not otherwise provide the kind of and taxes. But I very much hope we they’ve forgotten that you can’t fill up the transparency the people of this country will look behind that screen, that we bathtub unless you put the plug in the drain want and demand. will treat this problem as a serious first. I urge Members on both sides of the one, as it should be treated, and if we Good Grief! It’s finally happened. I sound aisle to support the Johanns amend- need to go to reconciliation to solve it, just like my mother! Thank you, Lord. ment. well, by gosh, this would be a far better The PRESIDING OFFICER. The Sen- I yield the floor. use of it than the tax rates for billion- ator from California is recognized. The PRESIDING OFFICER (Mr. aires that was the Republican’s favor- Mrs. BOXER. Mr. President, what is MERKLEY). The Senator from Rhode Is- ite use for reconciliation. the order now? land is recognized. I yield the floor to my distinguished The PRESIDING OFFICER. The cur- Mr. WHITEHOUSE. Mr. President, I Chairman. rent order is for the Senator from want to respond very briefly before I The PRESIDING OFFICER. The Sen- South Carolina to speak for 5 minutes, yield to the distinguished chairman of ator from California. whom I do not see on the floor. the Environment and Public Works Mrs. BOXER. Mr. President, I hope Mrs. BOXER. Since he is not on the Committee on this question of rec- America is watching this debate. I floor, I ask the way we would proceed onciliation and climate change. One think Senator WHITEHOUSE was very on is, Senator BARRASSO wanted to speak really has to have had their sense of point when he exposed what the Repub- in his stead—is that it—for 5 minutes, irony surgically removed to keep a licans are doing. We all know it is per- followed by Senator WHITEHOUSE, fol- straight face on the Senate floor today fectly in order to utilize something lowed by me for 5 minutes, if that is as the party of reconciliation comes to called reconciliation, which is a way to OK? the floor, over and over again, to com- get around a filibuster, and it is the The PRESIDING OFFICER. Without plain about the use of reconciliation. way to govern with a majority. The fact is, as Senator WHITEHOUSE objection, it is so ordered. The Senator The party of reconciliation is the Re- has said, since 1980, reconciliation has from Wyoming is recognized. publican Party. They have used it 13 been used 19 times, 16 times by my Re- AMENDMENT NO. 735 times. They used it for George Bush’s publican friends who now come to the Mr. BARRASSO. Mr. President, I rise tax cuts for billionaires. If you have floor and say: Oh, my God, we should today in support of Johanns climate bloody hands from reconciliation, the not use it for health care, we should change amendment, No. 735. Budget Republican Party has blood above the not use it for climate change, we reconciliation was designed to facili- elbows from reconciliation. Yet they should not use it at all. tate passage of legislation to reduce come to the floor, as innocent as They do not want to use it because the deficit with a simple majority. It lambs, to say: Oh, my gosh, what a ter- they want to be able to obstruct was never meant to pass major policy rible thing it would be if we used rec- progress. Now, the reason I hope Amer- initiatives such as cap and trade. onciliation for something important ica is watching this debate is because I was pleased to sign a letter written like protecting the planet from climate they will see the difference in the par- by both Senator BYRD and Senator change as opposed to just something ties. If you listen to the Republicans, JOHANNS opposing the idea of using like, say, our favorite: tax cuts for bil- what are they saying? budget reconciliation to pass climate lionaires. No. We are not going to do any change. The letter has broad bipartisan I think climate change is a little bit health care reform of any meaning. We support. too serious for that quality of rhetoric are not going to do education reform of Cap and trade would be one of the and debate. If the Republican Party in any meaning. We say no—they say no— most dramatic expansions of Govern- the Senate is willing to stand and say to global warming legislation. They ment in American history. It is a tril- that climate change is not real, then say no to energy legislation. They are lion-dollar climate bailout scheme. we can have that discussion. But the the party of nope, and I am in the This weekend, Thomas Friedman stat- Senator from Wyoming and the Sen- party of hope. Here is where we stand. ed in the New York Times that ‘‘we ator from Idaho and Senators across Same old politics. need a climate bailout along with our the other side of the aisle have all had All they want is tax breaks for bil- economic bailout.’’ I tend to disagree. their health directors from their home lionaires, tax breaks for millionaires. The American people, including my States come to the Environment and We saw where that led us, along with constituents in Wyoming, are very Public Works Committee to say that the war in Iraq, budget deficits as far skeptical about any bailouts. So how climate change is real, and it is dan- as the eye could see, a recession that is important is climate change in the in- gerous for the health of their constitu- as close as we have come to the Great terest of the American people? The ents. I think it is incumbent on us to Depression. Pew Research Center did a poll and do something about it. I don’t think it Same old politics, same old policies they showed that climate change is helpful to call it a bailout or to call that got us into this crisis in the first ranked dead last with the public in it a tax. You could unwind the most place. So every time they speak, I urge terms of what was important to them. vigorous rhetoric you like, but it you, America, to listen. It is no. No. The American public is dealing with doesn’t change the point that we have No. No. It is no to this new President the reality of an economic meltdown. to do something about climate change. who ran on fixing the education sys- This is a real and immediate problem. The fundamental fact that they are tem. It is no to this President who ran Trillions of taxpayer dollars are being defending and the fundamental point on fixing the health care system. It is directed to stimulate the economy. that is lurking behind this rhetoric no to this President who ran on doing Every step Congress takes to spend ad- about bailout, rhetoric about a tax, is something about global warming. It is ditional funds is being watched closely, they want to continue to make it free no. No. No. No on energy reform. as it should be, by the American pub- for industry to pollute our atmosphere This budget is so important to be lic. with carbon and greenhouse gases. passed because it is, in fact, brought to

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We could learn that our national clerk will call the roll. priorities. security has worsened because of cli- The assistant legislative clerk pro- Now, we are going to be facing a slew mate change. ceeded to call the roll. of amendments that try to undermine We already know it is a major issue Mr. CONRAD. I ask unanimous con- and undercut President Barack Obama with the intelligence community. What sent that the order for the quorum call and the priorities I talked about. We Senator WHITEHOUSE and I are saying be rescinded. The PRESIDING OFFICER. Without talked a little about reconciliation. in this side by side is, we will not use objection, it is so ordered. When people listen, they do not get this procedure unless we find out there Mr. CONRAD. Earlier, Senator what it means, so I will try and explain is an emergency. We hope colleagues GRAHAM was in a unanimous consent it. It is a way you can bring up a bill will realize that to take a very legiti- agreement for 5 minutes. Other Sen- and avoid a filibuster. It is a way you mate tool off the table is wrong. ators were here at the time and took The last point I wish to make is my can bring up a bill and pass it with ma- the time. It would be appropriate if we jority votes instead of a supermajority colleagues on the Republican side keep allowed Senator GRAHAM 5 minutes at vote. intimating and saying that any bill on this point. I ask unanimous consent That is a very important option for climate change will involve a tax. that Senator GRAHAM be allowed to us to have when we are dealing with Nothing could be further from the speak for up to 5 minutes. very important issues. I think it is im- truth. We are going to rebate funds to The PRESIDING OFFICER. Without portant to be stated right now, impor- people. We are going to rebate funds to objection, it is so ordered. tant to be stated right now, that in our families. The Senator from Georgia. this Senate budget there are no rec- We have turned our back on a tax. Mr. GRAHAM. I thank the chairman onciliation instructions regarding cli- Although some of my Republican for the courtesy. mate change. There are no reconcili- friends said they would rather see a As we talk about different views of ation instructions. carbon tax, I rejected it. I do not want the budget, one thing I would like to But the other side is not happy with a tax. I want to model climate change comment upon to the people of North that. They want to make sure we can legislation after the acid rain legisla- Dakota, I have been very struck and vote on it. So Senator JOHANNS has a tion and set up a free market mecha- impressed by the way the people of very simple and straightforward reso- nism to put a price on carbon. North Dakota have come together with lution that says: Reconciliation will So there is no tax. There is going to the flood. It looks like tough going not be used related to climate change. be a break for people. They are going there but a hearty group. We all wish Senator WHITEHOUSE and I have a side to get rebates. Our States are going to them well. The two Senators from by side with that that says: Fine, we get funded. So you can stand and call North Dakota represent their State will not use it unless the Senate finds me a Republican. You can call me a Re- well. that the public health—I ask unani- publican morning, noon, and night. I The Johanns amendment is what I mous consent for an additional 5 min- am not a Republican. I am a Democrat. would like to talk about a bit. This utes. You can call cap and trade a tax morn- idea to most people of a debate about The PRESIDING OFFICER. Without ing, noon, and night. It is not a tax. It reconciliation probably is mind-numb- objection, it is so ordered. is the opposite. It is an allowance. ing and not very interesting. But there Mrs. BOXER. Senator WHITEHOUSE It is a permit. It is a way to cap the is a process in the Congress where you and I, and I think the Presiding Officer amount of carbon going into the air by can take legislation and basically put will be interested in this, have said: requiring that people who pollute pur- it on a fast track. It is subject to 50 OK, we will not use reconciliation un- chase the allowance to pollute. Those votes. less the Senate finds that the public funds will be given out to the people of The Senate has served the country health, the economy, and national se- the United States of America as we well. When you are in the majority, curity are jeopardized by inaction on transition to a clean energy future. you don’t appreciate the minority’s global warming. I did not expect this budget debate role too much. But the one thing about What we are doing is saying: If we would turn into a battle about climate the Senate, it changes hands fairly find that our people are in danger be- change. But it has. I am here to say often. cause of inaction on global warming, that I welcome this debate. I am very The AIG legislation in the House and if we find we are facing a filibuster proud that over in the other body, in where there is going to be a 90-percent from the Republicans on getting any- the House, they have begun their work tax on bonuses because people are thing done, then we should be able to on climate change. I look forward to upset—I can understand people being use reconciliation and get around a fil- seeing the progress that is made over upset about AIG, but that wasn’t the ibuster. That is what we are saying. there. right response, creating a retroactive Why did we put in here economy? It In closing, I hope we will see support tax on a limited group of people be- is very clear why we did that. Because for the Whitehouse-Boxer alternative cause you are mad. The power to tax we believe if we turn out to be the only to the Johanns amendment. I hope, at somebody is a pretty awesome power. Nation in the world, in the industri- the end of the day, we have support for It should be used in a constitutional alized world, that is doing nothing, this President Obama’s very first budget. and lawful way. Our friends in the could hurt us. Because other nations The people in this country support our House are up every 2 years, and some- can say: Well, you know what. Until President. They support him over times they get carried away in the mo- the United States acts, we are not party lines. Those who are Independent ment. I guess sometimes the Senate going to have free trade with the support him. does as well. United States. We can find ourselves This is his first budget, folks, his The whole idea of the Senate kind of isolated. first chance to show to the American cooling things down has served the We could learn that as a result of in- people the priorities he laid out in his country well. In that regard, to end de- action, we are not creating the green campaign and that are in this budget. bate you need 60 votes. If 41 Senators jobs that we should create and that Let’s not forget it. If we support edu- are opposed to a piece of legislation, business wants to create. We should cation and health care and action to strongly enough to come to the floor have that opportunity to come to- clean up this environment, if we sup- every day and talk about it, that legis- gether and, with a majority vote, pass port deficit reduction—which is part of lation doesn’t go anywhere. I argue global warming legislation. this package—then let us support this that is probably a good rule. There We could find out from the FBI, the budget and let us defeat some of these were times when we were in the major- CIA, our Defense Department that ten- nefarious amendments that are meant ity that we didn’t particularly like the

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We are about to go to a se- the Whitehouse-Boxer amendment is at reconciliation track, you would basi- ries of votes. It is not clear how many the desk and would be considered in cally be doing a lot of damage to the in total. I would say it is probably at order when we have another tranche of role of the Senate in a constitutional least nine, perhaps more, rollcall votes. votes later tonight. Is that done? democracy. We are waiting for the unanimous con- Mr. CONRAD. That is in the unani- Senator BYRD, who is one of the sent agreement to be entered into. mous consent request we are working smartest people to ever serve in the When we start this process, we are on. We have not yet agreed to the Senate about rules and parliamentary going to have 2 minutes equally divided whole package, but it is in the proposal aspects of the Senate, said that to put before each amendment. We will start to be agreed on next. climate change and health care reform with the Lieberman-Collins amend- Mrs. BOXER. OK. I would ask, if Sen- in reconciliation is like ‘‘a freight ment and then go to the Alexander ator COBURN does use the full 15 min- train through Congress’’ and is ‘‘an amendment, then the Sessions amend- utes, I would like to have 5 minutes outrage that must be resisted.’’ ment—at least this is the under- when he is done, if we are not voting. Senator CONRAD said: standing at this point—then we will And if we are, obviously, I do not need I don’t believe reconciliation was ever in- proceed until all of the amendments the 5 minutes. tended for this purpose. have been dispensed with. Then, once The PRESIDING OFFICER. Is there I think both of them are right. Under those are completed, the ranking mem- objection? the law, you cannot put Social Secu- ber and I will work on another series of Without objection, it is so ordered. The Senator from Oklahoma. amendments to have in order. rity into reconciliation because we Mr. COBURN. Mr. President, first off, This evening, there will be an oppor- know how controversial and difficult I thank the chairman for his gracious- tunity for Members to present their that is. I come here in support of the ness. Johanns amendment that rejects that amendments. We have not yet decided If you are sitting at home right now idea. if they would be able to call them up or and you have a job and you see the Our majority leader said something a just speak on them and then call them tough times that are out there, or you little bit disturbing. He said climate up tomorrow. This goes to the question are sitting at home and looking for a change cap-and-trade revenues could be of trying to make sure there is some job, one of the things you are doing is used to pay for health care. If we put fairness going back and forth between you are starting to say: Here is what is climate change in reconciliation, you the two sides. We do not have a Ses- coming in and here are the mandatory have really abused the process and will sions modification on which we are things that have to go out, and you are create a bad climate for the Congress. waiting. starting to prioritize. There is a lot of bipartisan support not Mr. COBURN. Will the Senator yield We have a budget before us that to go down that road to abuse rec- for a question? prioritizes two things. It prioritizes onciliation. From the climate change Mr. CONRAD. Yes. growing the Federal Government by a Mr. COBURN. I ask if we could bring debate, there are some Democratic and huge amount over the next 10 years. If up some amendments. They would be Republican Senators who are opposed you were running a business and you voted in the vote-arama, and I have no to 100 percent auction. We believe cli- were at these times, the last thing you problem with that, not wanting a spe- mate change is real but do not want to would do is go borrow money to expand cific vote before that, but we could get go down the road the administration a business into a market that is not them up and get them pending. has charted. I believe manmade emis- growing. Yet we have before us the big- Mr. CONRAD. We can’t do that with sions are heating up the planet. But if gest budget in the history of the coun- you take the revenue stream from the amendments we have not yet seen. Mr. COBURN. Every one of them has try—a budget that will, in fact, double climate change bill to fund the Govern- been filed. the debt that is going to our kids over ment, you will lose a lot of support for Mr. CONRAD. We have 150 amend- the next 5 years and triple it over the climate change. The money that is gen- ments that have been filed. Before we next 10 years. It does not fit what any erated from a cap-and-trade system go to somebody to call up an amend- of us would do with our own families’ should go back into the energy sector ment, we need to be able to see it be- budgets or our own businesses’ budgets. to allow people to comply with the cost cause if we start the debate, we need, Why is it we are afraid to say that of a cap-and-trade system. The Obama for the effective and efficient ordering what we really need to do is live within proposal, $3,000 per family, is a very ex- of the debate, to be able to answer the our means? Instead, we are going to pensive proposal. There is bipartisan amendment. have a $1.7 trillion, maybe a $1.8 tril- support for climate change legislation Mr. COBURN. I ask unanimous con- lion, maybe even a $2 trillion deficit with a mix of auctions and credits that sent to speak on the budget until the this year and something very close to could be done in a reasonable way. time should come up for the UC and that next year. The idea of putting climate change or not to exceed 15 minutes. Instead of cutting some of the $380 health care in reconciliation will bring Mr. CONRAD. I want to make certain billion of documented waste, fraud, and the Congress to a halt. It would be ev- that we have a chance to interrupt and abuse associated with the Federal Gov- erything opposite of what the Presi- go immediately to the votes. ernment, we are not looking at it at dent ran on in terms of bringing us to- Mr. COBURN. Mr. President, if we all. When President Obama ran for the gether. There is a lot of Democratic have a unanimous consent agreement, I office, he said one of the things he was push back for this idea. I applaud my will cease the discussion. going to do was a line-by-line item Democratic colleagues who think it is Mr. CONRAD. All right. analysis of every Department, at every a bad idea because it is. So, Mr. President, I ask unanimous area, to make sure it was effective and I do pledge to work on climate consent that Senator COBURN be per- efficient at accomplishing the task it change. Health care will be tough. We mitted to talk on the budget generally was set out to do. We have not seen any will certainly try that. But there is bi- for up to 15 minutes, but if we have the of that, and there is none of that in partisan support for climate change unanimous consent request ready to this budget. If, in fact, we were to do legislation through the normal process. go, that he be interrupted so we can that, here is what we would find. We For those who disagree that it is a get on to votes as quickly as possible would find $50 billion worth of wasted problem, they can have their say and because we are already 15 minutes be- money at the Pentagon. There is no ef- we can get the votes necessary to put hind schedule. fort to do that in this budget. together a bipartisan climate change The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- bill through the normal process. objection? ator from North Dakota.

VerDate Nov 24 2008 23:54 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.049 S01APPT1 smartinez on PROD1PC64 with SENATE S4144 CONGRESSIONAL RECORD — SENATE April 1, 2009 Mr. CONRAD. Mr. President, will the think we ought to go back to the usual On page 4, line 15, decrease the amount by Senator yield? order on Whitehouse-Boxer. It being a $36,815,000,000. Mr. COBURN. Mr. President, I will be second degree, it would go first. On page 4, line 16, decrease the amount by happy to yield. Mr. CONRAD. Well, that is the typ- $42,696,000,000. On page 4, line 17, decrease the amount by Mr. CONRAD. Mr. President, I would ical order. Let’s take a quick pause, $47,420,000,000. say to the Senator, we are now pre- and we will check with the Senator. On page 4, line 18, decrease the amount by pared to go forward with the unani- I suggest the absence of a quorum. $53,806,000,000. mous consent request to set up the The PRESIDING OFFICER. The On page 4, line 23, decrease the amount by votes, and if the Senator would permit clerk will call the roll. $22,465,000,000. us to do that, we could get an earlier The assistant legislative clerk pro- On page 4, line 24, decrease the amount by start on the votes. ceeded to call the roll. $36,115,000,000. Mr. COBURN. Mr. President, I would On page 4, line 25, decrease the amount by Mr. CONRAD. Mr. President, I ask $40,846,000,000. be happy to. I would like to have 1 unanimous consent that the order for On page 5, line 1, decrease the amount by minute to wind up the one point. the quorum call be rescinded. $46,570,000,000. Mr. CONRAD. Fair enough. The PRESIDING OFFICER. Without On page 5, line 2, decrease the amount by Mr. COBURN. Thank you. objection, it is so ordered. $52,956,000,000. We have $80 billion worth of fraud in Mr. CONRAD. Mr. President, I would On page 5, line 7, decrease the amount by Medicare. Yet we are going to talk refine my request to have the $22,465,000,000. about health care, but we are not going Whitehouse-Boxer amendment that is a On page 5, line 8, decrease the amount by $36,115,000,000. to fix the problem with Government- side by side to Johanns be voted on On page 5, line 9, decrease the amount by run health care and the fraud that is first, and then Johanns amendment No. $40,846,000,000. associated with it. We have $40 billion 735. On page 5, line 10, decrease the amount by in Medicaid. There is no attachment to Mr. GREGG. Mr. President, reserving $46,570,000,000. do that. So what we are doing is we are the right to object, how did we decide On page 5, line 11, decrease the amount by not trimming spending anywhere, we to deal with Senator KYL’s amend- $52,956,000,000. are going to raise taxes significantly, ment? On page 5, line 17, decrease the amount by and we are going to grow the Federal $22,465,000,000. Mr. CONRAD. Senator KYL’s amend- On page 5, line 18, decrease the amount by Government in a time when we can ment is awaiting a side by side from $58,580,000,000. least afford to grow it. Senator BAUCUS. On page 5, line 19, decrease the amount by The idea that we can have prosperity Mr. KYL. That would be included $99,426,000,000. out of the Government instead of out within this list we have, however, with On page 5, line 20, decrease the amount by of our own individual efforts is or without the side by side? $145,996,000,000. counterintuitive to everything this Mr. CONRAD. I have not seen the On page 5, line 21, decrease the amount by $198,952,000,000. country stands for. side by side. Could we do this, could we With that, I will carry on my debate On page 5, line 25, decrease the amount by begin on these? $22,465,000,000. at a later time, and I thank the Chair. Mr. KYL. Of course. On page 6, line 1, decrease the amount by The PRESIDING OFFICER. The Sen- Mr. CONRAD. Then we will work dili- $58,580,000,000. ator from North Dakota. gently to come up with something that On page 6, line 2, decrease the amount by Mr. CONRAD. Mr. President, I thank is acceptable. $99,426,000,000. the Senator from Oklahoma for his The PRESIDING OFFICER. Is there On page 6, line 3, decrease the amount by courtesy. It is gracious of him, as is an objection? $145,996,000,000. On page 6, line 4, decrease the amount by typically the case with the Senator Without objection, it is so ordered. from Oklahoma. $198,952,000,000. The purpose to amendment No. 763 On page 26, line 24, decrease the amount by Mr. President, I ask unanimous con- was changed to read as follows: $165,000,000. sent that at 3:20 p.m. today, the Senate (Purpose: To protect the American people On page 26, line 25, decrease the amount by proceed to vote in relation to the from potential spillover violence from $165,000,000. amendments listed below and that Mexico by providing $550 million in addi- On page 27, line 3, decrease the amount by prior to each vote there be 2 minutes of tional funding for the Department of $815,000,000. debate, equally divided and controlled Homeland Security and the Department of On page 27, line 4, decrease the amount by in the usual form; that after the first Justice and supporting the Administra- $815,000,000. vote in this sequence, the succeeding tion’s efforts to combat drug, gun, and On page 27, line 7, decrease the amount by $2,196,000,000. votes be limited to 10 minutes each; cash smuggling by the cartels by providing: $260 million for Customs and Border On page 27, line 8, decrease the amount by that no intervening amendments or Protection to hire, train, equip, and deploy $2,196,000,000. motions be in order during this vote se- additional officers and canines and conduct On page 27, line 11, decrease the amount by quence prior to a vote in relation to exit inspections for weapons and cash; $130 $4,420,000,000. the amendments, except if a point of million for Immigration and Customs En- On page 27, line 12, decrease the amount by order is raised and a motion to waive forcement to hire, train, equip and deploy $4,420,000,000. the relevant point of order is made; additional investigators; $50 million to Al- On page 27, line 15, decrease the amount by cohol, Tobacco, Firearms, and Explosives $7,306,000,000. that all time consumed during the On page 27, line 16, decrease the amount by votes be counted against the time re- to hire, train, equip, and deploy additional agents and inspectors; $20 million for the $7,306,000,000. maining on the budget resolution; the Human Smuggling and Trafficking Center, On page 27, line 23, decrease the amount by order of the amendments is as follows: $10 million for the Office of International $33,000,000,000. Lieberman-Collins No. 763, and that the Affairs and the Management Directorate at On page 27, line 24, decrease the amount by purpose line be changed as noted at the DHS for oversight of the Merida Initiative; $22,300,000,000. desk; Alexander No. 747; Sessions No. $30 million for Operation Stonegarden; $10 On page 28, line 2, decrease the amount by 772, and that the amendment be modi- million to the Department of Justice for $36,000,000,000. competitive grants to support local, State, On page 28, line 3, decrease the amount by fied with the changes at the desk; $35,300,000,000. Casey No. 783; Ensign No. 804; Kerry and Tribal law enforcement agencies located along the southern border and in On page 28, line 6, decrease the amount by No. 732; Cornyn No. 806; Gregg No. 835; High Intensity Drug Trafficking Areas to $40,500,000,000. Isakson No. 762; Shaheen No. 776; Crapo address drug-related criminal activity; $20 On page 28, line 7, decrease the amount by No. 844; Reed No. 836; Johanns No. 735; million to DHS for tactical radio commu- $38,650,000,000. and Whitehouse-Boxer as a side by side nications; and $20 million for upgrading On page 28, line 10, decrease the amount by with the Johanns amendment. the Traveler Enforcement Communica- $43,000,000,000. The PRESIDING OFFICER. Is there tions System) On page 28, line 11, decrease the amount by $42,150,000,000. objection? The amendment (No. 772), as modi- On page 28, line 14, decrease the amount by The Senator from New Hampshire. fied, is as follows: $46,500,000,000. Mr. GREGG. Mr. President, reserving On page 4, line 14, decrease the amount by On page 28, line 15, decrease the amount by the right to object, traditionally—I $33,165,000,000. $45,650,000,000.

VerDate Nov 24 2008 23:54 Apr 01, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.050 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4145 On page 50, line 13, decrease the amount by how to run our business in the same Schumer Udall (CO) Whitehouse $33,000,000,000. Shaheen Udall (NM) Wyden way our Government is telling General Stabenow Warner On page 50, line 14, decrease the amount by Motors how to run its business. $22,300,000,000. Tester Webb The PRESIDING OFFICER. Who NOT VOTING—1 AMENDMENT NO. 763 yields time? Kennedy The PRESIDING OFFICER. There The Senator from North Dakota. will now be 2 minutes of debate prior to Mr. CONRAD. Mr. President, this is a The amendment (No. 747) was re- a vote on the Lieberman-Collins well-motivated amendment, but I jected. amendment. think it is fatally flawed. The cure here Mr. CONRAD. Mr. President, I move Mr. GREGG. Mr. President, we would is to make it harder to do a budget. If to reconsider the vote. Mrs. MURRAY. I move to lay that be willing to take the Lieberman-Col- we are serious about reducing deficits motion on the table. lins amendment by unanimous consent. and debt, I think all of us would want Mr. CONRAD. There would be no ob- The motion to lay on the table was to do everything we can to encourage a agreed to. jection on this side to taking budget resolution because it contains Lieberman-Collins by unanimous con- AMENDMENT NO. 772, AS MODIFIED the fundamental disciplines to prevent The PRESIDING OFFICER. Under sent. deficits and debt from growing larger. Mr. GREGG. Mr. President, I ask the previous order, there will now be 2 So I would say to my colleagues, minutes of debate, equally divided, unanimous consent that the while I understand the sentiment, and Lieberman-Collins amendment be prior to a vote in relation to amend- share in it, I think we all have to be ment No. 772, as modified, offered by agreed to. concerned about burgeoning debt. To The PRESIDING OFFICER. Is there the Senator from Alabama, Mr. SES- make it harder to get a budget resolu- further debate on the Lieberman-Col- SIONS. tion, actually, I think undermines the lins amendment? The Senator from Alabama is recog- effort to establish fiscal discipline be- If not, without objection, the amend- nized. cause you lose all of the disciplines ment is agreed to. Mr. SESSIONS. Mr. President, this that are provided for in a budget reso- The amendment (No. 763) was agreed amendment would call for the level lution, all of the special points of to. funding of nondefense—my amendment order, the supermajority votes that are Mr. DURBIN. I move to reconsider earlier today was nonveteran discre- required to increase spending beyond the vote. tionary spending—by leveling the fund- Mr. CONRAD. I move to lay that mo- what the budget resolution provides. ing for 2 years and having a 1-percent tion on the table. So I urge my colleagues to vote no on growth for 3 years. The motion to lay on the table was the Alexander amendment. This is reasonable and responsible, agreed to. Mr. CONRAD. I ask for the yeas and No. 1. No. 2, let me recall to our col- nays. leagues the stimulus package that we AMENDMENT NO. 747 The PRESIDING OFFICER. Is there a passed a few weeks ago, which in- Mr. CONRAD. Mr. President, next is sufficient second? creases nondefense discretionary the Alexander amendment. There appears to be a sufficient sec- spending by an average of 30 percent May I say to colleagues, if staffs are ond. over the next 3 years. We are not cut- listening, Members are listening, the The question is on agreeing to ting our spending for discretionary ac- Alexander amendment is next in line, amendment No. 747. counts this year. We are seeing them then the Sessions amendment, then the The clerk will call the roll. surge. But in light of the stimulus Casey amendment, then the Ensign The assistant legislative clerk called package, this will be an excellent way amendment, then the Kerry amend- the roll. to contain spending and save $200 bil- ment, then the Cornyn amendment. It Mr. DURBIN. I announce that the lion over 5 years. is very helpful if Senators are here Senator from Massachusetts (Mr. KEN- The PRESIDING OFFICER. The Sen- when their amendments are called up. NEDY) is necessarily absent. ator from North Dakota is recognized. Also I say to colleagues, after the first The PRESIDING OFFICER. Are there Mr. CONRAD. Mr. President, freezing vote, we are going to be dealing with any other Senators in the Chamber de- domestic spending is a mistake at a 10-minute votes. siring to vote? time of sharp economic downturn. You So, again, we have done the The result was announced—yeas 43, would be freezing education spending, Lieberman-Collins amendment. nays 55, as follows: freezing health care and transportation AMENDMENT NO. 747 and freezing law enforcement. [Rollcall Vote No. 119 Leg.] The Alexander amendment is next, Beyond that, the Senator sought ear- YEAS—43 and Senator ALEXANDER is here. lier to freeze veterans, and then he had The PRESIDING OFFICER. The Sen- Alexander Ensign McConnell an amendment to add back $1 billion Barrasso Enzi Murkowski for veterans. The problem is, the addi- ator from Tennessee. Bennett Graham Nelson (NE) Mr. ALEXANDER. Thank you, Mr. Bond Grassley Risch tional spending for veterans in the President. Brownback Gregg Roberts chairman’s mark is $5.5 billion. If you Mr. President, I understand I have 60 Bunning Hatch Sessions want to cut veterans $4.5 billion from Burr Hutchison seconds. Shelby the chairman’s mark, vote for the Ses- Chambliss Inhofe Snowe Coburn Isakson sions amendment. If you want to keep The PRESIDING OFFICER. That is Specter Cochran Johanns correct. Thune veterans whole, vote no. Collins Klobuchar Vitter The PRESIDING OFFICER. All time Mr. ALEXANDER. Mr. President, Corker Kyl this is the runaway debt limit amend- Cornyn Lugar Voinovich has expired. ment. It says 60 Senators have to agree Crapo Martinez Wicker Mr. CONRAD. I thank the Chair. before a budget can raise our national DeMint McCain Mr. SESSIONS. Mr. President, I ask for the yeas and nays. debt to more than 90 percent of U.S. NAYS—55 The PRESIDING OFFICER. Is there a gross domestic product, which this Akaka Dodd Leahy sufficient second? There is a sufficient budget does every single year. Baucus Dorgan Levin second. We saw this week the leverage a lend- Bayh Durbin Lieberman Begich Feingold Lincoln The question is on agreeing to er can have over a borrower when the Bennet Feinstein McCaskill amendment No. 772, as modified. President of the United States fired the Bingaman Gillibrand Menendez The clerk will call the roll. president of General Motors. Well, Boxer Hagan Merkley Brown Harkin Mikulski The bill clerk called the roll. China, Japan, and Middle Eastern oil Burris Inouye Murray Mr. DURBIN. I announce that the countries already own $1.4 trillion of Byrd Johnson Nelson (FL) Senator from Massachusetts (Mr. KEN- U.S. debt. So vote yes on the runaway Cantwell Kaufman Pryor NEDY) is necessarily absent. debt limit amendment if you do not Cardin Kerry Reed The PRESIDING OFFICER (Mr. Carper Kohl Reid want China, Japan, and Middle Eastern Casey Landrieu Rockefeller BURRIS). Are there any other Senators oil countries telling the United States Conrad Lautenberg Sanders in the Chamber desiring to vote?

VerDate Nov 24 2008 03:03 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.019 S01APPT1 smartinez on PROD1PC64 with SENATE S4146 CONGRESSIONAL RECORD — SENATE April 1, 2009 The result was announced—yeas 40, make clear to colleagues why that was Mr. ENSIGN. Just 30 seconds to ex- nays 58, as follows: so important. Secretary Gates, a year plain because we had a big discussion [Rollcall Vote No. 120 Leg.] and a half ago, while he was still Sec- with the Parliamentarian. YEAS—40 retary serving with President Bush, Mr. CONRAD. Because of the unusual Alexander DeMint McConnell said the following: nature of this, go ahead. Barrasso Ensign Murkowski What is clear to me is that there is a need The PRESIDING OFFICER. Without Bayh Enzi Risch for a dramatic increase in spending on the ci- objection, it is so ordered. Bennett Graham Roberts vilian instruments of national security, di- Mr. ENSIGN. Mr. President, just to Bond Grassley Sessions plomacy, strategic communications, foreign Brownback Gregg Shelby finish, Senator GREGG offered earlier— Bunning Hatch assistance, civic action, and economic recon- because the Parliamentarian was say- Snowe struction and development. Burr Hutchison Specter ing that one amendment could threat- Chambliss Inhofe Thune National Security Adviser Jim Jones, Coburn Isakson en but not necessarily kill this budget Vitter Cochran Johanns just the other day, mentioned that we resolution, we asked the Parliamen- Voinovich Corker Kyl have huge warships off the coast of tarian to clarify. He said this has never Cornyn Lugar Wicker Lebanon, but Hezbollah is, in fact, Crapo McCain happened. One amendment has never gaining more foothold because they are brought down a budget resolution from NAYS—58 building schools and building homes a privileged process. So do not make Akaka Gillibrand Murray and involved on the ground. Our diplo- that as an excuse on this budget for Baucus Hagan Nelson (FL) macy and our foreign policy needs to stripping this amendment out of the Begich Harkin Nelson (NE) do that. With the acceptance of this Bennet Inouye Pryor conference report when it comes back, Bingaman Johnson Reed amendment, hopefully, we are going to. if it is adopted. Boxer Kaufman Reid I thank the distinguished managers. Brown Kerry The PRESIDING OFFICER. The Sen- Rockefeller The PRESIDING OFFICER. The Sen- ator from North Dakota. Burris Klobuchar Sanders Byrd Kohl ator from New Hampshire. Schumer Mr. CONRAD. Mr. President, I intend Cantwell Landrieu Mr. GREGG. Mr. President, I remind Shaheen to vote for the Ensign amendment. I Cardin Lautenberg our colleagues that these are 10-minute Stabenow don’t think any of us want to raise Carper Leahy votes. This is sort of like the hors Casey Levin Tester taxes on those earning less than Udall (CO) d’oeuvre for tomorrow. Get used to Collins Lieberman $250,000 a year, and so I intend to vote Conrad Lincoln Udall (NM) this. Please try to stick around. for the Ensign amendment. Dodd Martinez Warner The PRESIDING OFFICER. The Sen- Webb On the question of threatening the Dorgan McCaskill ator from North Dakota. Durbin Menendez Whitehouse special status of the budget resolution, Mr. CONRAD. Mr. President, Senator Feingold Merkley Wyden the Parliamentarian made clear this Feinstein Mikulski ENSIGN is next. morning in a series of questions that if NOT VOTING—1 AMENDMENT NO. 804 we brought this matter back from con- Kennedy The PRESIDING OFFICER. Under ference, that would threaten the privi- the previous order, there will be 2 min- The amendment (No. 772), as modi- leged nature of a budget resolution. utes of debate equally divided prior to fied, was rejected. That would be a very serious matter. Mr. REID. Mr. President, I move to a vote in relation to amendment No. But in the Senate, I intend to support reconsider the vote, and I move to lay 804 offered by the Senator from Ne- the Ensign amendment. that motion on the table. vada, Mr. ENSIGN. Mr. President, I ask for the yeas and Mr. ENSIGN. Mr. President, this The motion to lay on the table was nays. amendment is very simple. The Presi- agreed to. The PRESIDING OFFICER. Is there a dent, during his campaign, as well as The PRESIDING OFFICER. The Sen- sufficient second? There appears to be during his speech to the Nation—his ator from New Hampshire. a sufficient second. first major speech to the Nation— AMENDMENTS NOS. 783, 732, 762, AND 776 The question is on agreeing to the promised Americans who made less Mr. GREGG. Mr. President, I ask amendment. than $250,000 as a family that not one unanimous consent that we approve The clerk will call the roll. dime of their taxes would be raised. Re- the following amendments, agreed to The assistant legislative clerk called peatedly he has said it, time and again, by both sides: Senator CASEY, amend- the roll. and he listed taxes and basically said ment No. 783; Senator KERRY, amend- Mr. DURBIN. I announce that the any taxes. That means direct and indi- ment No. 732; Senator ISAKSON, amend- Senator from Massachusetts (Mr. KEN- rect taxes. ment No. 762; and Senator SHAHEEN, NEDY) is necessarily absent. My amendment makes the Senate amendment No. 776. The PRESIDING OFFICER. Are there and the House keep that promise made Mr. CONRAD. No objection. any other Senators in the Chamber de- by the President. The PRESIDING OFFICER. Without siring to vote? There is going to be a point made objection, it is so ordered. The amend- The result was announced—yeas 98, that the Parliamentarian is going to ments are agreed to. nays 0, as follows: rule that this threatens the nature of The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 121 Leg.] ator from North Dakota. the budget resolution being a privi- YEAS—98 Mr. CONRAD. Mr. President, I thank leged resolution. We submitted some the Senators who agreed to allow us to questions to the Parliamentarian. We Akaka Cochran Inouye asked him: Alexander Collins Isakson take their amendments by voice vote. I Barrasso Conrad Johanns thank them for their courtesy to their When was the last budget that lost its priv- Baucus Corker Johnson colleagues. Senator CASEY, Senator ileged status? Bayh Cornyn Kaufman Begich Crapo Kerry KERRY, Senator ISAKSON, and Senator Never happened. We also asked: Bennet DeMint Klobuchar SHAHEEN set a very good example for Has one amendment ever resulted in a Bennett Dodd Kohl our colleagues and we appreciate it. budget resolution losing its privileged sta- Bingaman Dorgan Kyl The PRESIDING OFFICER. The Sen- tus? Bond Durbin Landrieu Boxer Ensign Lautenberg ator from Massachusetts. That has never happened. Brown Enzi Leahy Mr. KERRY. Mr. President, I thank The PRESIDING OFFICER. The Sen- Brownback Feingold Levin the distinguished managers of the bill. ator’s time has expired. Bunning Feinstein Lieberman One of the amendments that was just Mr. ENSIGN. Mr. President, I ask for Burr Gillibrand Lincoln Burris Graham Lugar accepted—and I want to make clear 30 additional seconds. Byrd Grassley Martinez Senator LUGAR is a cosponsor of it, to- The PRESIDING OFFICER. Is there Cantwell Gregg McCain gether with Senator CORKER and others objection? Cardin Hagan McCaskill Carper Harkin McConnell on that side of the aisle. Mr. CONRAD. Mr. President, I hope Casey Hatch Menendez This is an amendment that adds to we do not do that because if we start Chambliss Hutchison Merkley the function 150 account. I want to adding time on both sides— Coburn Inhofe Mikulski

VerDate Nov 24 2008 03:03 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.031 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4147 Murkowski Sanders Udall (CO) to the commitments we had made to Mr. GREGG. Mr. President, this Murray Schumer Udall (NM) colleagues that that would be added to amendment is an attempt to move Nelson (FL) Sessions Vitter Nelson (NE) Shaheen Voinovich this tranche. down the road in resolving what is at Pryor Shelby Warner The PRESIDING OFFICER. Without the center of the problems which we Reed Snowe Webb objection, it is so ordered. have as a nation for fiscal policy in the Reid Specter Whitehouse The question is on agreeing to future, which is that we are passing on Risch Stabenow Wicker Roberts Tester amendment No. 806. to our children a country they cannot Wyden Rockefeller Thune Mr. CONRAD. I ask for the yeas and afford, primarily driven by the cost of NOT VOTING—1 nays. entitlement programs. There are $66 trillion of unfunded entitlements. Kennedy The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient This is a proposal to start to address The amendment (No. 804) was agreed second. that issue through using a fast-track to. The clerk will call the roll. procedure, with a bipartisan task force. Mr. CONRAD. Mr. President, I move The bill clerk called the roll. The debate this morning was about to reconsider the vote. Mr. DURBIN. I announce that the how that task force is structured. We Mr. MENENDEZ. I move to lay that Senator from Massachusetts (Mr. KEN- believe, I feel strongly, that the task motion on the table. NEDY) is necessarily absent. force must be bipartisan or will not be The motion to lay on the table was The PRESIDING OFFICER. Are there viewed as fair. agreed to. In order to be bipartisan, a majority any other Senators in the Chamber de- of both the minority members of the AMENDMENT NO. 806 siring to vote? task force and the majority members The PRESIDING OFFICER. Under The result was announced—yeas 82, of the task force have to vote for the the previous order, there will now be 2 nays 16, as follows: proposal, whether or not there is going minutes of debate equally divided prior [Rollcall Vote No. 122 Leg.] to a vote in relation to amendment No. to be a membership which gives the YEAS—82 806, offered by the Senator from Texas, majority a significant number of mem- Akaka Enzi Menendez Mr. CORNYN. bers more than the minority. But that Alexander Feinstein Mikulski The Senator from Texas is recog- minority membership has to vote as its Barrasso Gillibrand Murkowski group as a majority. It is the only fair nized. Baucus Graham Murray Mr. CORNYN. Mr. President, my Bayh Grassley Nelson (FL) way to do this; otherwise, you could Begich Gregg amendment creates a 60-vote point of Nelson (NE) end up with a report where, let’s say, Bennet Hagan Pryor there are six Republicans on the task order against legislation that will raise Bennett Hatch Reid Bond Hutchison force and only two approve it. That income taxes on small businesses. This Risch Boxer Inhofe would not work properly. We need bi- Roberts is the third year in a row that I have Brownback Inouye Schumer partisanship in this effort. offered this amendment. Previously, it Bunning Isakson The PRESIDING OFFICER. The Sen- has received as many as 63 votes. Last Burr Johanns Sessions Shaheen ator from North Dakota. year, it got 58 votes, but it neverthe- Burris Johnson Cantwell Klobuchar Shelby Mr. CONRAD. Mr. President, this is less was a strong bipartisan showing. Carper Kohl Snowe actually a proposal that Senator For my colleagues’ information, the Chambliss Kyl Specter GREGG and I have made. But this is at National Federation of Independent Coburn Landrieu Stabenow variance from our earlier agreement. Business supports this because they Cochran Lautenberg Tester Collins Leahy Thune Let me explain why. We talked about a recognize what we all know, and that is Conrad Levin Udall (CO) membership of 16, 8 Democrats and 8 that small businesses are the economic Corker Lieberman Udall (NM) Republicans. But that is when the Re- engine that creates jobs. Particularly Cornyn Lincoln Vitter publicans controlled the White House; in a tough economy, exactly the wrong Crapo Lugar Warner DeMint Martinez Webb Democrats controlled the House and thing to do is to raise taxes on the job Dodd McCain Wicker the Senate. Dorgan creators, our small businesses. McCaskill Wyden Now Democrats have more numbers I urge my colleagues to support this Ensign McConnell in the House and the Senate and con- amendment. NAYS—16 trol the White House. Yet the require- The PRESIDING OFFICER. The Sen- Bingaman Feingold Rockefeller ment of this task force is that the bi- ator from North Dakota is recognized. Brown Harkin Sanders partisan task force, to report, has to Mr. CONRAD. Mr. President, col- Byrd Kaufman Voinovich have majority approval of each partici- Cardin Kerry Whitehouse leagues should know that the Parlia- Casey Merkley pating party. mentarian has told us that if this Durbin Reed That gives our friends who are in the amendment comes back from the con- NOT VOTING—1 minority an unfair ability to influence ference committee, it would endanger the outcome. That does not recognize Kennedy the special privilege of a budget resolu- the political reality of the Senate con- tion. With that said, I intend to vote The amendment (No. 806) was agreed trolled by Democrats, the House con- for it here in the Senate. I encourage to. trolled by Democrats, the White House colleagues to vote for it, if they are so Mr. CONRAD. Mr. President, I move controlled by Democrats. inclined. to reconsider the vote. Absolutely it should be bipartisan. The PRESIDING OFFICER. The Sen- Mr. GREGG. I move to lay that mo- But it should not be something that ator from Texas. tion on the table. weights both parties the same. I urge Mr. CORNYN. Mr. President, I under- The motion to lay on the table was my colleagues to vote no. stand what the chairman, Senator agreed to. The PRESIDING OFFICER. The CONRAD, has said. My hope is that the AMENDMENT NO. 835 question is on agreeing to the amend- conference committee would not re- The PRESIDING OFFICER. Under ment. flexively strip this amendment, if it the previous order, there will be 2 min- Mr. GREGG. Mr. President, I ask for passes by a large bipartisan majority, utes of debate equally divided prior to the yeas and nays. The PRESIDING OFFICER. Is there a from the conference report but perhaps a vote in relationship to amendment sufficient second? modify it in a way that it not render No. 835 offered by the Senator from There is a sufficient second. the budget resolution unprivileged. New Hampshire, Mr. GREGG. The clerk will call the roll. The PRESIDING OFFICER. The Sen- The Senator from New Hampshire is The legislative clerk called the roll. ator from North Dakota. recognized. Mr. DURBIN. I announce that the Mr. CONRAD. Mr. President, I ask Mr. GREGG. Mr. President, I ask Senator from Massachusetts (Mr. KEN- unanimous consent that to the end of unanimous consent that Senator NEDY) is necessarily absent. the list of amendments to be consid- ISAKSON be added as a cosponsor. The PRESIDING OFFICER (Mrs. ered in this tranche, we add the Kyl The PRESIDING OFFICER. Without HAGAN.) Are there any other Senators amendment No. 793. That is according objection, it is so ordered. in the Chamber desiring to vote?

VerDate Nov 24 2008 02:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.032 S01APPT1 smartinez on PROD1PC64 with SENATE S4148 CONGRESSIONAL RECORD — SENATE April 1, 2009 The result was announced—yeas 44, the first 3 years of the numbers this minutes of debate equally divided prior nays 54, as follows: budget proposes. to a vote in relation to amendment No. [Rollcall Vote No. 123 Leg.] The PRESIDING OFFICER. The Sen- 836, offered by the Senator from Rhode YEAS—44 ator from North Dakota. Island, Mr. REED. Alexander Ensign McConnell Mr. CONRAD. Madam President, I The Senator from Rhode Island. Barrasso Enzi Murkowski urge colleagues to vote against this Mr. REED. Mr. President, I am very Bennett Graham Nelson (NE) amendment. At this time of extraor- pleased to offer this amendment with Bond Grassley Risch dinary uncertainty, multiyear caps are my colleague, Senator SNOWE of Maine. Brownback Gregg Roberts especially unwise. Beyond that, we It is a bipartisan amendment that Bunning Hatch Sessions Burr Hutchison Shelby have a 1-year cap. This is a budget that would increase funding for LIHEAP Chambliss Inhofe Specter will be revisited next year. A 1-year from $3.2 billion to $5.1 billion. That Coburn Isakson Thune $5.1 billion is the total we spent this Cochran Johanns cap makes sense. Multiyear caps at a Vitter Collins Kyl time of this uncertainty would be most year. Voinovich Corker Lieberman unwise. This is a program critical to seniors, Cornyn Lugar Warner Webb I urge colleagues to vote no. critical to low-income people. With un- Crapo Martinez employment rates soaring in double DeMint McCain Wicker Mr. CRAPO. I ask for the yeas and nays. digits, there are more and more people NAYS—54 The PRESIDING OFFICER. Is there a who will qualify. If we do not raise this Akaka Feingold Merkley sufficient second? ceiling, approximately 1.5 million Baucus Feinstein Mikulski Bayh Gillibrand Murray There is a sufficient second. households will lose help with their Begich Hagan Nelson (FL) The question is on agreeing to heating bills, not only in the winter- Bennet Harkin Pryor amendment No. 844. time but in the hot months in the Bingaman Inouye Reed areas of the Southwest and Southeast Boxer Johnson Reid The clerk will call the roll. Brown Kaufman Rockefeller The bill clerk called the roll. because they, too, benefit from Burris Kerry Sanders Mr. DURBIN. I announce that the LIHEAP. Byrd Klobuchar Schumer Senator from Massachusetts (Mr. KEN- Mr. President, I would be prepared to Cantwell Kohl Shaheen accept a voice vote, hopefully a very Cardin Landrieu Snowe NEDY) is necessarily absent. Carper Lautenberg Stabenow The PRESIDING OFFICER (Mr. NEL- positive voice vote. If not, I would ask Casey Leahy Tester SON of Nebraska). Are there any other for the yeas and nays. Conrad Levin Udall (CO) Senators in the Chamber desiring to The PRESIDING OFFICER. The Sen- Dodd Lincoln Udall (NM) ator from New Hampshire. Dorgan McCaskill Whitehouse vote? Durbin Menendez Wyden The result was announced—yeas 43, Mr. GREGG. Mr. President, I ask nays 55, as follows: unanimous consent that the amend- NOT VOTING—1 ment be approved. Kennedy [Rollcall Vote No. 124 Leg.] Mr. CONRAD. Without objection. The amendment (No. 835) was re- YEAS—43 The PRESIDING OFFICER. If there jected. Alexander DeMint McConnell is no further debate, the question is on Barrasso Ensign Murkowski agreeing to the amendment. Mr. CONRAD. Madam President, I Bayh Enzi Nelson (NE) The amendment (No. 836) was agreed move to reconsider the vote. Bennett Graham Risch Mr. LEVIN. I move to lay that mo- Bond Grassley Roberts to. tion on the table. Brownback Gregg Sessions The PRESIDING OFFICER. The Sen- Bunning Hatch The motion to lay on the table was Shelby ator from North Dakota. Burr Hutchison Snowe Chambliss Inhofe AMENDMENT NO. 869 agreed to. Specter Coburn Isakson AMENDMENT NO. 844 Thune Mr. CONRAD. Mr. President, the next Cochran Johanns Vitter amendment that is in order is the The PRESIDING OFFICER. Under Collins Kyl the previous order, there will now be 2 Corker Lugar Voinovich Whitehouse-Boxer amendment. Wicker minutes of debate equally divided prior Cornyn Martinez Senator WHITEHOUSE. Crapo McCain The PRESIDING OFFICER. The Sen- to a vote in relation to amendment No. ator from Rhode Island. 844 offered by the Senator from Idaho, NAYS—55 Mr. WHITEHOUSE. Thank you very Mr. CRAPO. Akaka Gillibrand Murray Baucus Hagan Nelson (FL) much, Mr. President. The Senator from Idaho. Mr. President, this amendment re- Mr. CRAPO. Madam President, this Begich Harkin Pryor Bennet Inouye Reed quires the Senate to balance, on the amendment is straightforward. One of Bingaman Johnson Reid one hand, the newfound concern of our Boxer Kaufman the reasons Congress cannot control its Rockefeller Republican colleagues about the rec- runaway spending is that we always Brown Kerry Sanders Burris Klobuchar Schumer onciliation procedure they have used have 5-year budgets, where the tough Byrd Kohl Shaheen no less than 14 times for purposes such decisions are made in the outyears, and Cantwell Landrieu Stabenow Cardin Lautenberg as raising the national debt to give in the first year of the budget, we don’t Tester Carper Leahy America’s suffering billionaires a tax make any tough decisions. This amend- Udall (CO) Casey Levin cut against, on the other hand, jeop- Udall (NM) ment will put a cap on the nondefense Conrad Lieberman ardy to the economy, to the public Dodd Lincoln Warner discretionary spending for the first 3 health or to the national security of years of this budget using the very Dorgan McCaskill Webb Durbin Menendez Whitehouse the United States. numbers of the budget. Feingold Merkley Wyden It allows the reconciliation proce- Why do we want to do this? Look at Feinstein Mikulski dure to be considered if the Senate the budget. In the first year of this NOT VOTING—1 finds that inaction on climate change budget, nondefense discretionary Kennedy will jeopardize the public health, the spending grows by 7.3 percent. It is true economy or the national security of that in the second and third and out- The amendment (No. 844) was rejected. the United States. years, that rate of growth is projected I urge my colleagues to vote in favor Mr. DURBIN. Mr. President, I move to go down to under 2 percent. But we of the economy, the national security, to reconsider the vote. never get to the second year of any of and the public health of the United Mr. CONRAD. I move to lay that mo- our budgets because next year we will States. I call up the amendment. tion on the table. come back and start all over. We will The PRESIDING OFFICER. The The motion to lay on the table was have a budget where all the pain is in clerk will report. the outyears and the first year doesn’t agreed to. The bill clerk read as follows: make any hard choices. We need to AMENDMENT NO. 836 The Senator from Rhode Island [Mr. support this effort to put some teeth The PRESIDING OFFICER. Under WHITEHOUSE], for himself and Mrs. BOXER, into the budget, put caps on at least the previous order, there will now be 2 proposes an amendment numbered 869.

VerDate Nov 24 2008 03:03 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.033 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4149 Mr. GREGG. Mr. President, I ask The yeas and nays resulted—yeas 42, I ask for the yeas and nays. unanimous consent that the reading of nays 56, as follows: The PRESIDING OFFICER. Is there a the amendment be dispensed with. [Rollcall Vote No. 125 Leg.] sufficient second? There is a sufficient The PRESIDING OFFICER. Without YEAS—42 second. objection, it is so ordered. Akaka Feinstein Mikulski The yeas and nays were ordered. The amendment is as follows: Baucus Gillibrand Nelson (FL) The Senator from North Dakota is Section 202 is amended by inserting at the Bayh Harkin Pryor end the following: ‘‘(c) The Chairman of the Bennet Inouye Reed recognized. Bingaman Johnson Reid Senate Committee on the Budget shall not Boxer Kaufman Sanders Mr. CONRAD. I yield the time in op- revise the allocations in this resolution if Brown Kerry Schumer position to Senator BOXER. the legislation provided for in subsections (a) Burris Klobuchar Shaheen The PRESIDING OFFICER. The Sen- or (b) is reported from any committee pursu- Cardin Kohl Tester ator from California is recognized. ant to section 310 of the Congressional Budg- Carper Lautenberg Udall (CO) et Act of 1974,’’ unless, the Senate finds that Casey Leahy Udall (NM) Mrs. BOXER. Madam President, I public health, the economy and national se- Conrad Lieberman Warner wish to give you two reasons to vote no Dodd Menendez Whitehouse curity of the United States are jeopardized Durbin Merkley Wyden on this important, precedent-setting by inaction on global warming. issue. Why would we start down this NAYS—56 The PRESIDING OFFICER. Who road taking a legal Senate procedure yields time in opposition? The Senator Alexander Ensign McCaskill off the table? Have we ever done this Barrasso Enzi McConnell from Nebraska. Begich Feingold Murkowski before? We have looked it up and the Mr. JOHANNS. Mr. President, I ask Bennett Graham Murray answer is no. my colleagues to vote against this Bond Grassley Nelson (NE) On the contrary, let me tell you Brownback Gregg Risch amendment. I ask them to vote against Bunning Hagan when the Republicans used reconcili- this amendment because it is impor- Roberts Burr Hatch Rockefeller ation. They used it 14 times in the 19 Byrd Hutchison tant for Senate tradition. Sessions times it has been used—to cut food Cantwell Inhofe Some weeks ago, a man whom I re- Shelby Chambliss Isakson stamps, to cut energy assistance, to Snowe spect a tremendous amount, Senator Coburn Johanns cut impact aid, to cut title I, to cut Specter BYRD, and I circulated a letter. It was Cochran Kyl dairy price supports, and to cut the So- Collins Landrieu Stabenow directed to the chairman of the Budget Thune cial Security minimum benefit. Committee. It simply said: Please Corker Levin Cornyn Lincoln Vitter Did I ever hear any of them then say: don’t use reconciliation to pass com- Crapo Lugar Voinovich Oh, my goodness, reconciliation should plex legislation such as climate DeMint Martinez Webb Dorgan McCain Wicker not be used. Oh, no, which brings me to change. We got over 30 signatures on my second reason for voting no on this: NOT VOTING—1 that—very bipartisan. We had Demo- hypocrisy and duplicity. Let me tell crats and we had Republicans join in Kennedy you what else the Republicans used it that. The PRESIDING OFFICER. On this for: to cut Federal civilian and mili- If we allow this amendment to pass, vote, the yeas are 42, the nays are 56. tary retirement and disability COLAs, basically what we are saying is, under Three-fifths of the Senators duly cho- to delay and cut disaster loans to farm- the terms of this language, a majority sen and sworn not having voted in the ers. Let’s stand tall for what we have a of Senators can arrive and simply take affirmative, the motion is rejected. right to have, our rules. Thank you. away our ability to have a robust de- The point of order is sustained and bate, to have the ability to debate this The PRESIDING OFFICER. The Sen- the amendment falls. ator’s time has expired. issue the way it deserves, and this is Mr. CONRAD. Madam President, I enormously significant legislation. move to reconsider the vote, and I The question is on agreeing to the So I ask my colleagues to vote no on move to lay that motion on the table. amendment. this amendment. It is important to the The motion to lay on the table was The yeas and nays have been ordered. tradition of the Senate. agreed to. The clerk will call the roll. The PRESIDING OFFICER (Mrs. AMENDMENT NO. 735 The assistant legislative clerk called HAGAN). The Senator from New Hamp- The PRESIDING OFFICER. There is the roll. shire is recognized. now 2 minutes of debate, equally di- Mr. GREGG. Madam President, the Mr. DURBIN. I announce that the vided, on the Johanns amendment. Senator from Massachusetts (Mr. KEN- pending amendment is not germane to Who yields time? NEDY) is necessarily absent. the measure now before the Senate. I Mr. CONRAD. Senator JOHANNS has raise a point of order under section time in support. The PRESIDING OFFICER (Ms. 305(b)2 of the Budget Act. The PRESIDING OFFICER. The Sen- CANTWELL). Are there any other Sen- Mrs. BOXER. Madam President, I ask ator from Nebraska is recognized. ators in the Chamber desiring to vote? unanimous consent to waive the point Mr. JOHANNS. Madam President, let The result was announced—yeas 67, of order. me thank my colleagues for their nays 31, as follows: The PRESIDING OFFICER. The Sen- thoughtful approach to a very impor- [Rollcall Vote No. 126 Leg.] ator from Rhode Island is recognized. tant issue. Mr. WHITEHOUSE. Pursuant to sec- What this amendment essentially YEAS—67 tion 904 of the Congressional Budget does is say that the budget reconcili- Alexander DeMint McCaskill ation process will not be used to pass Barrasso Dorgan McConnell Act of 1974, I move to waive the appli- Baucus Ensign Murkowski cable sections of that act for purposes climate change legislation. There are Bayh Enzi Murray of the pending amendment, and I ask many in this body who can talk about Begich Feingold Nelson (NE) this institution and the importance of Bennet Graham Pryor for the yeas and nays. Bennett Grassley The PRESIDING OFFICER. Is there a approaches such as this. Risch Bingaman Gregg Roberts Budget reconciliation was designed Bond Hagan sufficient second? There appears to be. Rockefeller Brownback Hatch The question is on agreeing to the to reduce the deficit. It was never de- Sessions Bunning Hutchison signed to pass complex legislation such Shelby motion. Burr Inhofe The clerk will call the roll. as climate change. What this amend- Byrd Isakson Snowe The legislative clerk proceeded to ment does is it very clearly says that. Cantwell Johanns Specter call the roll. It simply says reconciliation will not Casey Klobuchar Stabenow Chambliss Kohl Tester Mr. DURBIN. I announce that the be used for that process. Coburn Kyl Thune Senator from Massachusetts (Mr. KEN- I urge my colleagues to vote yes on Cochran Landrieu Vitter NEDY) is necessarily absent. this amendment. It is enormously im- Collins Levin Voinovich The PRESIDING OFFICER. Are there portant. I think it is an enormously Conrad Lincoln Warner Corker Lugar Webb any other Senators in the Chamber de- important statement for this institu- Cornyn Martinez Wicker siring to vote? tion. Crapo McCain

VerDate Nov 24 2008 02:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.067 S01APPT1 smartinez on PROD1PC64 with SENATE S4150 CONGRESSIONAL RECORD — SENATE April 1, 2009 NAYS—31 This is an ostrich amendment. This dynamic part of the U.S. economy. I Akaka Inouye Reed is a head-in-the-sand amendment. We like to say that small business is the Boxer Johnson Reid want to have the benefits of clinical re- engine that drives the U.S. economy. Brown Kaufman Sanders search so that doctors can make up President Obama agrees that small Burris Kerry Schumer Cardin Lautenberg Shaheen their own minds what is the best proce- businesses have generated 70 percent of Carper Leahy Udall (CO) dure. We want the fruits and the bennet new jobs over the past decade. I Dodd Lieberman Udall (NM) efit of clinical research to address the was pleased to see that Senator Durbin Menendez Whitehouse Feinstein Merkley quality of health care. CORNYN’s small business amendment Wyden Gillibrand Mikulski I urge Members to vote for health passed earlier tonight by an over- Harkin Nelson (FL) care and vote against this amendment. whelming vote of 82 to 16. NOT VOTING—1 I might say, too, Madam President, America’s small businesses have been Kennedy that I misspoke earlier when I said who suffering during this recession. Big is a cosponsor of the bill. We are urging banks have been cranking down lend- The amendment (No. 735) was agreed Senators ENZI and HATCH to cosponsor ing to small businesses. to. In addition, job losses for small busi- Mr. CARPER. Madam President, I the bill. They haven’t quite done that nesses have been staggering. A na- move to reconsider the vote and to lay yet, but I think it is going to happen. tional employment report released that motion on the table. The PRESIDING OFFICER. Time has The motion to lay on the table was expired. today by Automatic Data Processing agreed to. Mr. KYL. I ask for the yeas and nays. shows that 742,000 nonfarm private sec- The PRESIDING OFFICER. Is there a tor jobs were lost from February to AMENDMENT NO. 793 sufficient second? There appears to be March 2009. Of those 742,000 lost jobs, The PRESIDING OFFICER. There a sufficient second. 614,000, or 83 percent, were from small will now be 2 minutes of debate equally The question is on agreeing to the businesses. Let me repeat that. From divided on amendment No. 793. Who yields time? The Senator from amendment. February to March, small businesses The clerk will call the roll. Arizona. lost 614,000 jobs, or 83 percent of all Mr. KYL. Madam President, my The legislative clerk called the roll. nonfarm private sector job losses. amendment prohibits Federal ration- Mr. DURBIN. I announce that the The President’s recent efforts to in- ing of health care. A provision of the Senator from Massachusetts (Mr. KEN- crease lending to the small business stimulus bill has raised a lot of con- NEDY) is necessarily absent. sector are commendable. The center- The PRESIDING OFFICER. Are there cern. Madam President, $1.1 billion has piece of his small business plan will any other Senators in the Chamber de- been allocated for comparative effec- allow the Federal Government to spend siring to vote? tiveness research. up to $15 billion to purchase the small- Here is the exact effective language The result was announced—yeas 44, business loans that are now hindering from my amendment: nays 54, as follows: community banks and lenders. How- The Secretary of Health and Human Serv- [Rollcall Vote No. 127 Leg.] ever, the positives that will come to ices shall not use data obtained from the YEAS—44 small businesses from these loans conduct of comparative effectiveness re- Alexander Ensign McCain which will ultimately have to be paid search to deny coverage of an item or service Barrasso Enzi McConnell back will be heavily outweighed by the under a Federal health care program. Bennett Feingold Murkowski negative impact of the President’s pro- Bond Graham That is all it does. Some say: Why do Nelson (NE) posed tax increases. Helping small Brownback Grassley Risch you need that? We are never going to Bunning Gregg Roberts businesses get loans just to take that do that. Burr Hatch Sessions money back in the form of tax hikes is Well, then, we might as well say we Chambliss Hutchison Shelby not wise. Coburn Inhofe Snowe are not going to do that. But when it Cochran Isakson The President’s Budget proposes to Specter came to Medicare Part D, we wanted to Collins Johanns raise the top two marginal rates from Thune Corker Kyl be sure we did not withhold coverage of Vitter 33 percent and 35 percent to 40 percent Cornyn Lieberman and 41 percent respectively, when PEP a prescription drug, and as a result we Crapo Lugar Voinovich provided that kind of language. DeMint Martinez Wicker and Pease are fully reinstated. Presi- Just last Thursday, the Acting Direc- dent Obama’s marginal rate increase NAYS—54 tor of the NIH talked about research in would mean an approximately 20 per- terms of guiding future policies that Akaka Feinstein Mikulski cent marginal tax rate increase on Baucus Gillibrand Murray support the allocation of health re- Bayh Hagan Nelson (FL) small business owners in the top two sources for the treatment of acute and Begich Harkin Pryor brackets. chronic diseases. That is deciding what Bennet Inouye Reed Many of my friends on the other side Bingaman Johnson Reid to cover and not cover. Boxer Kaufman Rockefeller will say that while they agree that suc- My amendment does not prevent the Brown Kerry Sanders cessful small businesses are vital to the Secretary from protecting patients Burris Klobuchar Schumer success of the U.S. economy, the mar- from unsafe or ineffective drugs. It is Byrd Kohl Shaheen ginal tax increases for the top two Cantwell Landrieu Stabenow simply about using this kind of re- Cardin Lautenberg Tester brackets will not have a significant search to ration health care. Carper Leahy Udall (CO) negative impact on small businesses. The PRESIDING OFFICER. The Sen- Casey Levin Udall (NM) Proponents of these tax increases ator from Montana. Conrad Lincoln Warner seek to minimize their impact by refer- Dodd McCaskill Webb Mr. BAUCUS. Madam President, this Dorgan Menendez Whitehouse ring to Tax Policy Center data that in- is a rather remarkable amendment. It Durbin Merkley Wyden dicate about 2 percent of small busi- basically says we cannot pay any at- NOT VOTING—1 ness filers pay taxes in the top two tention to the fruits of clinical re- brackets. They argue that a minimal Kennedy search in making decisions about what amount of small business activity is af- is covered under health care reform. I The amendment (No. 793) was re- fected. find that pretty amazing. jected. However, there are two faulty as- For example, let’s say that clinical Mr. GREGG. Madam President, I sumptions to this small business filer research shows a certain procedure is move to reconsider the vote and lay argument. not only not good but it is harmful, that motion on the table. The first faulty assumption is that such as Vioxx, which caused problems The motion to lay on the table was the percentage of small business filers for seniors. This amendment says we agreed to. is static. In fact, small businesses move cannot use that evidence. We cannot AMENDMENT NO. 806 in and out of gain and loss status de- use that information. We can’t do that Mr. GRASSLEY. Madam President, pending on the nature of the business because it might suggest we can’t use a everyone in this body knows that small and business cycle. Also, the 2 percent certain procedure—Vioxx. businesses are an extremely important figure from the Tax Policy Center is

VerDate Nov 24 2008 02:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.038 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4151 well below the percentage actually re- what we are doing. The three pieces I order relative to the sequence that ported by the Government. For exam- am referring to are the TARP program, they are speaking here tonight; so the ple, a 2007 Treasury study states that, the stimulus bill, and this budget. All purpose of that being they do not have for flow-through businesses in 2006, 7 of these efforts involve trillions of tax- to call up their amendment tonight to percent to 9 percent of small business payer dollars. protect their position in the order. owners paid the top two marginal If our goal is doing the best we can to We are going to begin with Senator rates. get jobs to every American who wants MCCAIN for 15 minutes. It is understood The second faulty assumption is that a job, then we need to recalibrate our that there will be alternating speakers. the level of small business activity, in- actions. We ought to focus, as Presi- On our side: MCCAIN, 15 minutes; Sen- cluding employment, is proportionate dent Clinton once said, like a laser ator VITTER, 10 minutes; Senator to the filer percentage. beam on job creation. COBURN for 10 minutes; HUTCHISON for According to NFIB survey data, 50 President Obama and all of us agree 10 minutes; BENNETT for 10 minutes; percent of owners of small businesses at least 70 percent of new jobs come Senator BROWNBACK for 10 minutes; that employ 20 to 249 workers would from small business. Let’s take a look Senator SNOWE for 10 minutes; Senator fall in the top two brackets. According at how each of these three major pieces BARRASSO for 10 minutes. to the Small Business Administration, of legislation affects small business. On That is not a unanimous consent re- about two-thirds of the Nation’s small TARP, it looks like we need to make quest. That is for the information of business workers are employed by sure that the TARP recipients are pro- my colleagues. Actually, I ask unani- small businesses with 20 to 500 employ- viding credit to small business. On mous consent that this evening, as ees. stimulus, less than one-half of 1 per- these people arrive, these Senators be Do we really want to raise taxes on cent of the $787 billion went to small granted those times. these small businesses that create jobs business tax relief. Less than one-half The PRESIDING OFFICER. Without and employ two-thirds of all small of 1 percent. objection, it is so ordered. business workers? With these small Now, on the budget, 82 Senators, a Mr. CONRAD. Madam President, in businesses already suffering from the big bipartisan margin, agreed with the morning, after the McCain amend- credit crunch, do we really think it is Senator CORNYN that we ought to not ment is disposed of, Senator SANDERS wise to hit them with the double- raise taxes on small business. Senator would be the first to be able to offer an whammy of a 20-percent increase in SNOWE, likewise, will be pressing the amendment on our side. their marginal tax rates? case for small business in a separate For the information of Senators, to- Newly released data from the Joint amendment. morrow will be the so-called vote- Committee on Taxation demonstrates It may be April Fools Day, but this is arama. That means Senators need to be that in 2006, the last year for which no joke. We need to keep our eye on ready to answer votes every 10 min- data is available, 65 percent of the the job creation ball. Rather than hit- utes, and we will try to move expedi- flow-through business income was ting a foul ball with taxes on small tiously and with dispatch. earned by those making over $250,000. business, we can hit a home run if we We thank all Senators for their co- That flow-through business income will leave their taxes low. Future jobs de- operation today, and I think next up is be subject to this budget’s tax in- pend on it. Senator MCCAIN. creases. This is a conservative number Mr. CONRAD. Madam President, I The PRESIDING OFFICER. The Sen- because it doesn’t include flow-through ask unanimous consent that when the ator from Arizona. Senate resumes consideration of the business owners making between AMENDMENT NO. 882 budget resolution on Thursday, April 2, $200,000 and $250,000 that will also be (Purpose: In the nature of a substitute) hit with the budget’s proposed tax there be 90 minutes remaining for de- Mr. MCCAIN. Madam President, I hikes. bate, equally divided between the chair If the proponents of the marginal and ranking member or their des- have an amendment at the desk, and I rate increase on small business owners ignees, with 40 minutes of that time for ask for its immediate consideration. agree that a 20 percent tax increase for debate with respect to the McCain sub- The PRESIDING OFFICER. The half of the small businesses that em- stitute amendment, with 20 minutes clerk will report. ployee two-thirds of all small business deducted from each manager, with the The legislative clerk read as follows: workers is not wise, then they should time for debate on the McCain amend- The Senator from Arizona [Mr. MCCAIN] either oppose these tax increases or ment equally divided and controlled in proposes an amendment numbered 882. present data that show a different re- the usual form; that for the remainder Mr. MCCONNELL. I ask unanimous sult. of today’s session, no sense-of-the-Sen- consent that the reading of the amend- Madam President, today is April 1. It ate amendments be in order to the ment be dispensed with. is known as April Fools Day. It is a day budget resolution; that for the remain- The PRESIDING OFFICER. Without when folks play jokes on one another. der of this evening, members be per- objection, it is so ordered. But the state of our job-creating ma- mitted to debate amendments they ex- (The amendment is printed in today’s chinery, small business America, is no pect to offer during Thursday’s session; RECORD under ‘‘Text of Amendments.’’) joke. that on Thursday, with respect to a Mr. MCCAIN. Madam President, to- Sadly, Senators KERRY and SNOWE vote sequence of amendments, the se- night I am pleased to be joined by Sen- found out in a Small Business Com- quence would be established with the ators COBURN, GRAHAM, and HUTCHISON mittee hearing a short time ago that chair and ranking members concurring to offer an amendment that will serve small business is getting the short end on any order; that during any sequence as an alternative to the 5-year budget of the stick from the big banks. I sus- of votes established, there be 2 minutes offered by the chairman of the Senate pect the treatment is even worse when of debate prior to a vote, equally di- Budget Committee and the 10-year the big banks getting the bailout vided and controlled in the usual form; budget offered by the President. Except money is considered. I put that ques- that after the first vote in any se- for defense and veterans affairs, our tion to the TARP oversight team the quence, the remaining votes would be proposal would cap discretionary fund- other day in a Finance Committee 10 minutes in duration. ing, reduce our Nation’s deficit and TARP oversight hearing. The PRESIDING OFFICER. Without debt more than the proposals offered I told one of the witnesses, Professor objection, it is so ordered. either by the Senate Budget Com- Warren from Harvard, that we Sen- Mr. GREGG. Madam President, for mittee or the President. ators need to stand behind the over- the information of my colleagues on This 10-year budget alternative sight committee, so that we can get my side of the aisle, we intend to pro- would cap discretionary funding at answers from the Treasury. ceed, and I will list the speakers that baseline levels, plus inflation, except In any event, it seems to me that we we have this evening who have infor defense and veterans. Defense is in- need to step back from the big pieces of formed us that they wish to have time. creased by $190 billion above baseline recent economic policy and take a look Tomorrow, when we start the voting over 5 years. Veterans is increased by at the big picture. We need to look at sequence, their amendments will be in $25 billion above baseline over 5 years,

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.072 S01APPT1 smartinez on PROD1PC64 with SENATE S4152 CONGRESSIONAL RECORD — SENATE April 1, 2009 and other discretionary spending, $62 Committee put us on an unsustainable a different way forward—one based on our billion less than the Senate budget pro- fiscal path, and we will pass on to fu- belief that America is an exceptional nation, posal over 5 years, $229 billion less than ture generations unprecedented levels and we want to keep it that way. Our budget applies our country’s enduring first prin- the President’s proposal over 5 years, of debt that they will never be able to ciples to the problems of our day. Rather and $759 billion less than the Presi- afford. than attempting to equalize the results of dent’s proposal over 10 years. Manda- As I said on the floor of the Senate people’s lives and micromanaging their af- tory spending is $373 billion less than earlier this week, the President’s budg- fairs, we seek to preserve our system of pro- the Budget Committee proposal over 5 et numbers are staggering. On average, tecting our natural rights and equalizing op- years, $922 billion less than the Presi- his budget adds $1 trillion to the debt portunity for all. dent’s proposal over 5 years, and $3.2 every year for the next 10 years and I agree with Congressman RYAN’s as- trillion less than the President’s pro- contains $1.4 trillion in tax increases. sessment, and that is why we are here posal over 10 years. It reinstates the death tax, and it dis- tonight. My friends on the other side of The deficit would be at $484 billion in courages investment by raising taxes the aisle have become fond of criti- 2014, the Conrad budget, the Senate on capital gains and dividends. It cizing Republicans for just saying no Budget Committee budget deficit would create more debt than under and offering no alternatives or spe- would be $508 billion, the President’s every President from George Wash- cifics. would be $749 billion. It would be $448 ington to George W. Bush combined. As Well, we offered an alternative on the billion by the year 2019, compared with others have already warned, the Nation stimulus package. We offered an alter- the President’s $1.189 trillion deficit would be bankrupt. This is not just native on the omnibus bill. And we will over 10 years, and the Senate Budget generational theft, it is continue, as members of the loyal op- Committee proposal is a 5-year budget. multigenerational theft. position, to propose alternatives, com- This results in a cumulative deficit That we are on a dangerous path is plete with specifics and reflecting our reduction of $369 billion more than the not just my opinion, in fact, it has philosophy as fundamentally fiscal re- Senate budget proposal, $977 billion been acknowledged by the President’s sponsible. I hope this will put an end more in reductions than the Presi- Director of the Office of Management once and for all to that argument. dent’s proposal, and $3.44 trillion—the and Budget. In a recent interview, Our proposal budgets for 10 years. It deficit would be reduced—than the Peter Orszag was asked to respond to achieves lower deficits than the Demo- President’s budget. this statement: cratic plan in every year. By 2019, it The national debt would be $767 bil- What deficit hawks are really saying is yields nearly half the deficit proposed lion less than the Budget Committee that the number is so huge that it is lit- by the President. In doing so, we con- over 5 years, $2 trillion less than the erally going to swarm over us and destroy us trol Government debt so that under our President’s budget over 5 years, and if we do not start dealing with it today. plan, debt held by the public is $3.5 tril- $3.5 trillion less than the President’s Mr. Orszag replied: lion less during the budget period. It over 10 years. In other words, why, why There is no question that we are on an gives priority to national defense and are we offering this alternative? It is unsustainable fiscal course, and we need to veterans health care. It addresses our simple. Our current national debt is change course. critical energy goals. It takes steps to $10.7 trillion. I know when we throw The Federal budget must address the ensure health and retirement security these numbers around, like $10.7 tril- most pressing issues facing our Nation, by making these problems fiscally sus- lion, people’s eyes glaze over. and among these priorities are keeping tainable while preserving existing But we are talking about numbers Americans safe and our Nation secure Medicare benefits for those bene- that are unprecedented in the history and all of the other issues with which ficiaries age 55 and older. It does not of this country. The projected deficit we are familiar. raise taxes and extends the 2001 and for 2009 is $1.7 trillion. The total cost of The budget must also ensure that 2003 tax laws. The nearly identical pro- the stimulus bill enacted last month is taxpayers’ dollars are managed in the posals of the House and Senate Repub- $1.18 trillion. We gave the TARP, the most fiscally responsible manner by licans share the same goals of attain- Troubled Asset Relief Program, $700 targeting resources to priorities, ing health and retirement security, billion. Everyone expects the adminis- spending no more than needed, and controlling our Nation’s debt, putting tration will request up to an additional holding their Government accountable our economy on a path of growth, and $75 billion more. to the taxpayer. This is exactly what preserving the American legacy of President Obama recently signed an our alternative will do. Our plan meets leaving the next generation better off. Omnibus appropriations bill totaling America’s needs by spending less and We obviously are living in perilous $410 billion. The Federal Reserve re- reducing the debt faster than the economic times, but we will emerge cently pumped another $1.2 trillion Democrats’ proposals. It caps discre- from this period with strong job into our markets, and the President’s tionary spending, except for defense growth, rising incomes, restored con- budget request totals $3.6 trillion. and veterans, at baseline, and increases fidence, and the ability to meet our ob- Earlier this week the administration defense spending by $190 billion. I ligation of passing on to the next gen- laid out a plan that will provide even would point out we are still in two eration the opportunity to make their more taxpayer dollars to the domestic wars. lives safer, more prosperous, and more automakers. The measure offered by It also increases veterans spending enriching than our own. We are dealing the chairman of the Senate Budget by $25 billion over 5 years. It reduces with a financial crisis, a housing crisis, Committee increases spending by $225 the deficit to $484 billion by 2014, com- and a consumer-led recession. Why billion over current levels and raises at pared to the Budget Committee’s $508 then does the President’s budget envi- least $361 billion in taxes and borrows billion and the President’s $749 billion. sion borrowing trillions of dollars for $1.1 trillion more than what we expect It keeps taxes low, and it shaves, by new initiatives without spending dis- to borrow under current law. 2014, $767 billion more off the national cipline or offsets? Addressing our most The President’s budget doubles the debt than Chairman CONRAD’s 5-year important and immediate problems public debt in 5 years and nearly tri- budget and nearly $3.5 trillion more should be our urgent priority. For two ples it in 10 years. As a consequence, than the President’s 10-year budget. centuries, Americans have worked hard beginning in 2019, the Government will Today, the ranking member of the so their children could have better spend more on interest than on the de- House Budget Committee unveiled the lives and greater opportunity. Are we fense of our Nation: $806 billion we will Republican alternative to the House going to reverse that order and force be spending on interest, $720 billion on budget resolution. In an op-ed about our children to work hard to pay off defense. That is eight times more than his plan in today’s Wall Street Journal, our debts because we didn’t have the we will spend on education, eight times Representative PAUL RYAN wrote: courage to make tough economic more than we will spend on transpor- House Republicans will offer an alternative choices now? That is what this alter- tation. plan. This too is no ordinary budget. As the native is about—tough but realistic de- The budget proposals offered by the opposition party, we believe this moment cisions designed to secure the future President and by the Senate Budget must be met by offering the American people prosperity of our country. We were

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.074 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4153 promised change, and that is what our Bipartisan and comprehensive investiga- datory spending. The mandatory spend- proposal offers. tion into the underlying causes of the curing eats up all the revenue. That means In the op-ed I mentioned earlier, Con- rent economic crisis and to recommend ways everything else we spend in a discre- to avoid another crisis. gressman RYAN also wrote that ‘‘Amer- tionary way—and that includes de- ENFORCEMENT MECHANISMS: ica is not the greatest nation on earth Point of Order against mandatory spending fense—is going to come out of borrowed by chance. We earned this greatness by legislation that increases the deficit until money. That is the first time we have rewarding individual achievement, by the President submits and legislation is en- ever had that situation outside of war- advancing and protecting natural acted to restore solvency to the Social Secu- time. It is a cautionary note. I salute rights, and by embracing freedom. We rity system. the Senator from Arizona for his re- (Republicans) intend to continue this Point of Order against a budget resolution marks. uniquely American tradition.’’ The containing a debt held by the public-to-GDP I rise to comment upon an amend- ratio that exceeds 65%. ment I have submitted, No. 759. I ask Congressman is exactly right. We have Point of Order against a budget resolution an opportunity to put our Nation back containing deficit levels exceeding 8% of unanimous consent that Senator on sound fiscal footing. Let us seize GDP. HATCH be added as a cosponsor of the that opportunity. Let us propose, rea- Additional provisions include discre- amendment. son, debate and exhaust every means to tionary spending limits, program integrity The PRESIDING OFFICER. Without invest in the future of this country ac- initiatives, and points of order against ad- objection, it is so ordered. cording to our faith in free people and vance appropriations and legislation increas- Mr. BENNETT. This amendment ing short-term deficit. free markets, a faith that has produced deals with the tax treatment of chari- more good for more people than ever Mr. MCCAIN. We, as the loyal opposi- table contributions. In the trillions of imagined by our Forefathers. Let us tion, are required to offer an alter- dollars we have been talking about not exploit this crisis for political native to the President’s budget and today, it may seem a relatively small gain. Let us do what every preceding that passed by the Senate Budget Com- amount. But to the people who are in- generation has managed to do—be- mittee on a party-line vote. These are volved in it, it becomes a very major queath subsequent American genera- tough decisions that have to be made. issue. It is worth focusing on. As I have tions a land of unlimited opportunities. We must continue to fund defense and said before, I have been called upon by We can, and must do better, I urge take care of our veterans. But we are arts organizations in the State of Utah my colleagues to support this alter- also going to have to reform entitle- that are very concerned that the con- native proposal. ment programs, and we all know that. tributions that keep them alive have I ask unanimous consent to have There is no expert or ordinary citizen dropped off as a result of the slowing printed in the RECORD other provisions in America who doesn’t agree that we down of the economy. They are hoping in this proposal. have to reform Medicare, Social Secu- they might recover some of that drop- There being no objection, the mate- rity, and other mandatory spending off from Federal dollars. Interestingly rial was ordered to be printed in the programs which are consuming a larger enough, the President’s proposal calls RECORD, as follows: part of our budget. We need a bipar- for a reduction in the tax incentive for Our proposal also includes: tisan commission that has the BRAC people to give money to charitable con- RESERVE FUNDS FOR: imperatives, that they meet and we tributions. So the President is pro- BRAC-like Social Security and Medicare & come up with a solution to the bur- posing something that will hurt the Medicaid Commissions that would provide geoning fiscal problems posed by enti- charities, will cause their income to go recommendations to reduce mandatory tlement programs and other manda- down in the name of fiscal responsi- spending by at least 4 percent over the next tory spending programs. bility and saying we need more Federal 5 years, and 7 percent over the next decade.) I was in the other body in 1983, when money, so let’s change the tax treat- For the purposes of this Resolution, for indi- Ronald Reagan and Tip O’Neill sat viduals 55 or older, Medicare will not be ment so we get more Federal money changed (other than income-relating to the down together across the table and ne- from those who would otherwise con- prescription drug benefit). gotiated and saved Social Security for tribute to charitable contributions, Sense of the Senate to Protect Seniors. decades. That is what we need to do and then turns around and watches the This budget should preserve existing Medi- again. After this budget debate is over, charities come in and say: We have to care benefits for those beneficiaries age 55 or why don’t we sit down, the President, make that up or we will have to start older (other than means testing for high-in- Republicans, and Democrats, together, laying off people. The President talks come beneficiaries under the Medicare pre- and try and solve our Nation’s prob- about saving jobs. The nonprofits pro- scription drug benefit. To make the program lems. Americans voted for change. sustainable and dependable, those 54 and vide over 10 million jobs. If they cannot younger should be able to enroll in a new Americans want change. That change get the money from their contributors Medicare Program with health coverage is to address these compelling and ter- and they cannot get the money from similar to what is now available to Members rible issues that affect this Nation and the Federal Government, they will lose of Congress and Federal employees. Starting our future in a bipartisan fashion. It is jobs. It is foolish for us to say: All in 2021, seniors should receive support pay- pretty clear what is going to pass to- right, in the name of fiscal responsi- ments based on income, so that low income morrow night sometime, but wouldn’t bility, let’s take the money away from seniors receive extra support, and high in- it be time for us to sit down together the contributors and bring it into the come seniors receive support relative to and chart a path for the Nation’s fu- their incomes. Federal coffers and then, to save the Comprehensive health reform legislation ture in an environment committed to jobs, let’s take the money out of the that reduces the costs, increases access to fiscal responsibility on both sides of Federal coffers and give it to the char- health insurance, and improves quality of the aisle and ensuring our children’s ities so the Federal Government be- care for Americans. future? comes the decisionmaker as to which Enhanced eligibility for disabled military We will be discussing this more for a charities get the money rather than retirees and their survivors to receive retired short period of time before the vote to- the people themselves. pay, veterans’ disability compensation, and morrow. Charitable giving is an almost unique survivor benefit plan annuities. I yield the remainder of my time. Energy security activities, including fund- American experience. As we look at ing for waste storage alternatives, clean en- The PRESIDING OFFICER. The Sen- other countries around the world, they ergy deployment, refurbishing the trans- ator from Utah. do not have the level of charitable con- mission grid and increasing the use of nu- AMENDMENT NO. 759 tributions we have. We contribute an clear power. Mr. BENNETT. Madam President, I enormous amount to nonprofit organi- Tax code modernization, including income have listened with interest to the com- zations, and we do it on the basis of (includes AMT revenue) and payroll tax re- ments of the Senator from Arizona. I what we want to support. We, unlike form that makes the tax code fair, more pro- would like to point out one fact to fel- European nations, do not have govern- growth, easier to administer, improves compliance, and aids U.S. international competi- low Senators and to the country: In mental support in the form of expendi- tiveness. this proposed budget, there is roughly tures made to churches. You go to Defense acquisition and contracting re- $2.2 trillion worth of revenue. There is churches in other countries, and it is form. also roughly $2.2 trillion worth of man- the government that supports them.

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.076 S01APPT1 smartinez on PROD1PC64 with SENATE S4154 CONGRESSIONAL RECORD — SENATE April 1, 2009 Their pews are empty by comparison to ages providers from staying in rural set to cut provider rates yet again this year, the religious services held in the communities and underfunds hospitals due to the $1 billion dollar shortfall in our United States because people don’t that serve as a safety-net for a major- state general funds. Unfortunately, this means the federal government is being take it seriously. Here the Government ity of my population. looked to in order to help strengthen these stays out of funding churches and says: Over 90 percent of Colorado counties vital rural healthcare services. If you want to have a viable church, a are considered health professional CRHC understands difficult decisions need viable religious experience, you have to shortage areas. These areas are se- to be made in regards to the federal budget. provide sufficient incentive to the peo- verely underserved. They lack an ade- We urge you to please consider and improve ple who align themselves with your quate workforce. For example, six rural healthcare services by improving the church that they will support it out of counties in Colorado do not have a full- sustainability of Medicare and Medicaid reimbursement rates. Thank you for your con- their own pockets. time primary care physician. Fourteen sideration. That is what has made religion so counties do not even have a hospital. LOU ANN WILROY, viable and vigorous in America, be- We will work hard to ensure that every Executive Director. cause people do support it out of their family has insurance coverage, but this own pockets, and it does not have a di- alone will not lead to access to health NATIONAL RURAL rect Government expenditure, but it care services. Small communities need HEALTH ASSOCIATION, does have Government approval of doctors and nurses, along with many Kansas City, MO, April 1, 2009. those kind of expenditures in the tax other providers. Yet it must be worth Hon. MICHAEL BENNET, U.S. Senate, treatment of charitable contributions, their while to take new Medicare and Washington, DC. tax treatment which the President now Medicaid patients. Understanding this DEAR SENATOR BENNET: The National says he wants to change. That is a fool- reality is critical if we are to improve Rural Health Association (NRHA) strongly ish thing to do, and that is why I have our health care system. supports your amendment to S. Con. Res. 13, offered the amendment, along with my My amendment would highlight that the Budget Resolution, to improve the cosponsors. I hope the amendment will future health care legislation should health of 62 million rural Americans. Your be voted on in appropriate fashion to- address rural disparities in a deficit- amendment, which creates a deficit-neutral reserve fund to target the grave inequities in morrow. neutral way. I thank the chairman for rural areas, will not only protect the fragile I yield the floor. all his good work on this budget resolu- rural health care safety net, it will make The PRESIDING OFFICER. The Sen- tion. I urge support from all my col- health care more accessible and affordable ator from Colorado. leagues on this issue and the chair- for all rural Americans. AMENDMENT NO. 799 man’s thoughtful, important under- Health care reform which will expand Mr. BENNET. Madam President, I lying legislation. health care coverage is necessary and laud- rise to discuss amendment No. 799 that I yield the floor. able—in fact, rural Americans lack insurance at a higher rate than their urban coun- prioritizes small towns and rural com- EXHIBIT 1 terparts—but there is a greater crisis in munities in Colorado and all over this COLORADO RURAL HEALTH CENTER, rural America: access to health care. Cov- Nation at a time when so many there Aurora, CO, March 31, 2009. erage does not equate to access. Over 50 mil- do not have sufficient access to qual- TO WHOM IT MAY CONCERN: The Colorado lion Americans live in areas where there are ity, affordable health care. My amend- Rural Health Center (CRHC) is writing this too few providers to meet their basic pri- ment establishes a reserve fund that letter of support for Senator Bennet’s pro- mary care needs. Yet these rural patients addresses inequalities in Medicare and posed amendment, which emphasizes the im- face the most daunting of health care chal- portance of Medicaid and Medicare reim- lenges. Per capita, rural populations are Medicaid reimbursement that fall most bursement in accessing healthcare services older, poorer and sicker than their urban harshly on rural areas. in rural areas of the United States. Serving counterparts, and illnesses associated with I thank Senator ROBERTS of Kansas as the State Office of Rural Health, rep- poverty, including infant mortality, are for his strong support on this issue. resenting 29 Critical Access Hospitals and 44 much more pronounced in rural populations. Rural health disparities are truly a bi- Rural Health Clinics throughout Colorado, Rural providers struggle, due to grave in- partisan issue, and I am honored that CRHC would like to encourage Congress to equities in Medicare and Medicaid payments, the distinguished Senator has cospon- consider rural clinics and hospitals, when de- to keep their doors open. Several Medicare payment provisions, vital to the sustain- sored this amendment. I also thank ciding future budgetary actions. CRHC understands these are tough economic times, ability of rural providers, are once again set Senator LINCOLN of Arkansas for her but it is essential that these rural safety net to expire, thereby critically jeopardizing the cosponsorship. I ask unanimous con- clinics, hospitals, and other providers are rural health care safety net providers and sent to print letters of support for my able to survive since they are often the sole seniors’ access to care. amendment in the CONGRESSIONAL source of healthcare services serving a com- Senator, for any health reform to be a suc- RECORD following my remarks. munity or county. cess, the health care crisis in rural America The PRESIDING OFFICER. Without There are a number of primary care clinics must first be resolved—for it does not matter if you have health insurance coverage if you objection, it is so ordered. across rural Colorado that are not designated as Federally Qualified Health Cen- do not have access to a doctor or other (See exhibit 1.) health provider. For health reform to be a Mr. BENNET. The current system ters (FQHCs) also known as Community Health Centers. These rural clinics that are success, the rural health care safety net disadvantages rural areas in primary must be prevented from crumbling. Three re- not FQHCs are valuable safety net clinics, forms are crucial: care and outpatient services, hospitals, yet they have not received the same sort of 1. Equity in reimbursement must occur; and the supply of providers in the boost in funding from the federal stimulus workforce. The problem is truly wide- 2. The workforce shortage crisis must be package nor do they receive the same abated; spread. In Colorado, almost 75 percent amount of assistance from the federal gov- 3. Decaying rural health care infrastruc- of the counties are considered rural. ernment, leaving them to rely more on reim- ture must be repaired and non-existent infra- Health care providers in our rural com- bursement rates from Medicare and Medicaid structure must be created. munities are under enormous pressure to remain viable. Senator Bennet, the NRHA applauds your to provide broad access to quality In addition to the Rural Health Clinics and efforts and could not support your amend- Critical Access Hospitals with whom CRHC ment more. Creating a reserve fund to ad- health care. They need our help. My directly works, there are numerous other amendment can open doors to reducing dress the systemic inequities in rural health non-FQHC clinics that deliver care to rural care and prioritizing eliminating those in- these disparities. It is important to Coloradans. As stated above, for some of equities as a part of health care reform will know that this amendment is written these clinics, it is the Medicaid and/or Medi- finally create equity for the 62 million peo- to ensure deficit-neutrality as well. care reimbursement rates that help keep ple who call rural America home. Thus, it is fiscally responsible. their doors open. Any substantial cut in Sincerely, Colorado, like many other States, Medicaid and/or Medicare provider rates BETH LANDON, has a strong backbone of rural commu- greatly impacts and potentially threatens President. nities that work with the limited re- the viability of healthcare in rural and un- The PRESIDING OFFICER. The Sen- derserved areas of our state. At current resources they have. For years, there imbursement rates, it is becoming more and ator from Louisiana. have been payment disparities between more difficult for providers to continue to AMENDMENT NOS. 751 AND 787 rural and urban areas in Medicare and accept Medicare and Medicaid patients due Mr. VITTER. Madam President, I rise Medicaid. This imbalance only discour- to the abysmal reimbursement. Colorado is to present two amendments to the

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.077 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4155 budget resolution. They will be made about cap and trade. He was very would get rid of. Those are exactly the in order and voted on tomorrow. The straightforward, very clear, and said: sort of areas where President Obama first is amendment No. 751. The idea Under my plan of a cap and trade system, proposes moving in the opposite direc- behind that is very simple but impor- electricity rates would necessarily sky- tion with tax increases which are distant. It is to protect against what rocket regardless of what I say . . . that will incentives for much needed domestic many of us fear, which is significant cost money. They will pass that money on to production. energy tax increases that will hit con- consumers. To quote the Canadian Energy Min- sumers, manufacturers, farmers, many Electricity costs, energy costs, not ister, Mel Knight, on this announce- others in our economy and hurt them just increasing at the margin but sky- ment of their policy: as we are trying to recover from this rocketing. Unfortunately, the Presi- While we cannot make up for the impact crippling recession. dent has followed through on that that global financial markets are having on Specifically, my amendment would promise with regard to his specific cli- Alberta, we are doing what we can. This add language to what is currently in mate change and energy proposals. short-term incentive program introduces in- the budget resolution in the area of the When you look at his budget, they, in novative ways to help spur activity in our deficit-neutral reserve fund to invest in fact, ensure this sort of skyrocketing, energy drilling and service sector during this economic downturn. clean energy and preserve the environ- both in terms of climate change pro- ment. In that section of the budget res- posals, which this quote directly refers That is exactly the sort of approach olution, my amendment would simply to, but also in terms of producing tra- we should be taking here in this coun- insert language that it would ‘‘not in- ditional energy here in this country in try. Yes, let’s invest in new tech- crease the cost of producing energy areas of oil and gas. nology. Yes, let’s develop new sources from domestic sources, including oil The President of the United States of energy, new and renewable. But at and gas from the Outer Continental has laid out significant tax increases the same time, let’s maintain and ex- Shelf or other areas, would not in- on domestic energy. This would cost pand the domestic production of oil crease the cost of energy for American real jobs here and now. It would be a and gas as that bridge to the future, as families, would not increase the cost of significant antistimulus, and it would that bridge to that new energy future energy for domestic manufacturers, hamper domestic production exactly that will take some time to build. Unfortunately, our President is mov- farmers, fishermen, or other domestic when we need it the most. ing in the opposite direction. He is pro- industry, and would not enhance for- Let me repeat—let me back up and posing to levy significant tax increases eign competitiveness against U.S. busi- repeat—I support investment in new on domestic oil and gas production. nesses.’’ technology. I support development of No one in this body—in fact, no one new alternative and particularly re- That is bad for our energy security, across America I know of—has a prob- newable forms of energy, and I have and it is a major antistimulus which lem with efforts to invest in clean en- cast many votes in support, in further- will keep us in recession even longer. So, again, my amendment No. 751 is ergy and to preserve the environment. ance of that goal. But it is not either/ There is no debate there. What we or. It has to be all of the above because very simple. It would simply add to the have a problem with is when we come we need to build that new energy fu- relevant part of the budget resolution up to Washington and get in this stale ture based on new renewable sources the following language, that it: either/or debate—either it is that or it and new technology, but we also need would not increase the cost of producing en- is traditional oil and gas, as if the two to get there, and we also need the ergy from domestic sources, including oil bridge to get there, which includes tra- and gas from the Outer Continental Shelf or have to be at constant loggerheads and other areas; would not increase the cost of as if we do not have to produce under ditional energy, produced in this coun- energy for American families; would not in- both of those headings very aggres- try, particularly natural gas, also oil, crease the cost of energy for domestic manu- sively to get out of the energy deficit so we can cross that bridge, get to the facturers, farmers, fishermen, or other do- we are in. I believe in new alternative future, without bankrupting ourselves mestic industries; and would not enhance renewable energy. I believe in new in the process. foreign competitiveness against U.S. busi- technology. But I also believe in tradi- It is interesting, just as we are still nesses. . . . tional energy sources as an absolutely apparently caught up in this stale ei- I commend that amendment to all of necessary bridge to get us to that fu- ther/or debate and we are attacking my colleagues, Democratic and Repub- ture. and taxing and burdening domestic oil lican. That gives rise to my amendment. I and gas production, it is interesting Secondly, Madam President, I will think it is crucial that we reject those that our neighbor to the north, Canada, also formally present and have a vote aspects of the Obama budget which is doing exactly the opposite. They are on a second amendment tomorrow, would tax traditional energy such as doing exactly the positive thing I am amendment No. 787. Amendment No. oil and gas, put an enormous burden on talking about by encouraging both—by 787 has to do with the TARP program, those providers in Louisiana and many encouraging new renewable forms of the so-called Troubled Asset Relief other places around the country—folks energy and at the same time encour- Program. Again, it is very simple. It who provide good, reliable energy do- aging domestic production of oil and would simply say, except for the TARP mestically for our Nation right now— gas. money which is already out the door and I believe it would be a similar mis- Specifically, in early March of this and except for the $100 billion that is take to adopt whole hog in its present year, March 3, the government of Al- committed to the Treasury’s newest form the President’s climate change berta announced a new three-point in- plan to buy up toxic assets—which was proposals which would also place heavy centive program specifically designed the original point all along—with those taxes and heavy cost increases on en- to help keep Albertans working in the two exceptions, the remainder of the ergy consumers. province’s energy sector during the TARP money will be returned to the Now, where am I pulling this from? I current global economic slowdown. The taxpayer and bring down the debt, will am pulling it from the President’s own highlights of the three-point plan in- reduce the debt. That is a significant budget proposals, his concrete, specific clude a drilling royalty credit for new amount of money. The entire TARP proposals on climate change and taxing conventional oil and natural gas wells; program, of course, is $750 billion. So domestic energy, and I am pulling it a new well incentive program, which far, approximately $371 billion is out specifically from what he has laid out offers a maximum 5-percent royalty the door. It would also create an excep- in terms of movement in that direc- rate for the first year of production tion under my amendment for $100 bil- tion. from new oil or gas wells; and to en- lion for this newly announced program Perhaps the single clearest expres- courage the cleanup of inactive oil and of troubled assets. The remainder sion we have in that regard is a state- gas wells, the province will invest $30 would go to buy down debt, not in- ment the President made about his million in a fund committed to aban- crease as much this horrendous debt we cap-and-trade proposals in January of doning and reclaiming old well sites. are on the road to doubling and tri- 2008 as he was in the midst of his Presi- Those are exactly the sort of incentives pling under this budget. That would dential campaign. He was speaking in present law that the President save literally hundreds of billions of

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.078 S01APPT1 smartinez on PROD1PC64 with SENATE S4156 CONGRESSIONAL RECORD — SENATE April 1, 2009 dollars. I daresay, of all of the myriad Congress and get real and proper and States, diversify the domestic clean en- dozens and dozens of budget amend- appropriate authority for that activity, ergy supply, protect consumers and re- ments we will be asked to consider and which TARP never was. gions, and include opportunities for ag- vote on, this probably saves the most In doing so, in adopting this sort of riculture and forestry. money, reduces debt the most. If it is amendment, we will save the taxpayer This is the text of the amendment. not No. 1, it is very close to that. and reduce the debt several hundred As I indicated before, my amendment CBO says they would expect us to billion dollars, well over $150 billion by is about what we should be for. We never recoup all of that TARP money any estimate. If we want to get serious have seen a number of amendments on we are sending out the door. They are about the debt, if we want to heed the the floor saying what we shouldn’t do guesstimating we will only recoup half call of the American people to control and what we can’t do. This is about of that. So building that into the for- that runaway deficit and debt, this is what we can do and what we should do. mula, this amendment will save hun- the single biggest thing we can do in This budget is about investing in dreds of billions of dollars. sight to do that to begin to turn the America’s future. Our policy on cli- But there is another even more im- corner. I urge my colleagues to support mate change must do the same thing. portant reason to adopt this amend- this amendment. In contrast, voting As will the budget, if it is done right— ment; that is, to get back to the origi- against this amendment will essen- and I believe we can do this right—cli- nal intent of the TARP program and tially be a vote for everything Treas- mate change legislation will create not allow it to continue to be used for ury has done and continues to do out- new jobs in the great State of Michi- a slush fund—first by the Bush admin- side the original stated intent of the gan, in the great State of New Hamp- istration, now by the Obama adminis- TARP program. I believe that is a very shire, and all across this country and tration—for every random idea they bad vote, both on the substance and in revolutionize and revitalize our econ- develop every other week. terms of where the American people omy if this is done right. Coming from a Midwestern State As we know, that is exactly the his- rightly are. tory of this fund and this program. It I commend both of these amend- where economic troubles are not new— was proposed specifically to allow the ments to all my colleagues. I look for- in fact, we now have 12 percent unemployment. I could spend a lot of time, Treasury to buy up troubled assets, to ward to further debate and voting on as I have in the past on this floor, talk- get those off the books of the troubled them as we proceed on the budget reso- ing about what is happening to our banks, and that is how it was sold to lution tomorrow. I thank the Chair. families. I understand the risks associ- the Congress, 100 percent lock, stock, With that, I yield the floor. ated with poorly designed climate pol- and barrel. In fact, Secretary Paulson, The PRESIDING OFFICER (Mrs. icy, but I also understand that our at the time, specifically said he did not SHAHEEN). The Senator from Michigan economy—Michigan’s economy, the want to, did not think it was a good is recognized. U.S. economy—cannot go forward with idea to invest directly in troubled in- Ms. STABENOW. Madam President, I the same old policies, dependent on for- stitutions and get preferred stock. Con- wish to speak this evening about an eign oil and pollution, that harms both gress, without my vote, passed the pro- amendment I have filed. Do I under- our health and our economic interests. gram. stand it is not actually in order to offer Climate change legislation, if designed Then, within a few weeks, literally amendments at this time; is that cor- right, will be a significant opportunity within a few weeks of that passage, ev- rect? for new jobs and an economic trans- erything changed. The original trou- The PRESIDING OFFICER. The Sen- ator is correct. formation for our country. bled asset program model was thrown Climate change can and must look MICHIGAN STATE IN THE FINAL FOUR out the window and the Treasury start- out for working families and busi- Ms. STABENOW. Madam President, ed doing exactly what Secretary nesses, whether it be a farmer, a manu- before talking about a very important Paulson said it should not do, exactly facturer or a cleantech engineer. That and serious amendment I will be offer- what he had previously rejected by di- is why I propose this amendment, so ing, I wish to take a point of personal rectly infusing capital into banks and the budget instructs the future of cli- privilege to speak about my alma taking preferred stock. mate policy to be well balanced, so it mater, Michigan State University, that Since then, there have been at least creates new jobs, strengthens manufac- is in the final four. I have to say for five other uses of the TARP program turing, and breaks America of our dan- the record, I knew they would get which have been imagined and insti- gerous addiction to foreign oil. tuted by, really, executive fiat because there. The final four is in Detroit. We We can no longer rely on the same the underlying legislation has not are thrilled at Ford Field, a state-of- old technologies and the same old changed at all. the-art facility. They play on Saturday fuels. With new energy solutions come Then we finally came around full cir- night, and I am saying ‘‘go State’’ new jobs and new industries. America cle this past month under the new right now. For all those listening who has always led the world in innovation Obama administration. Secretary are Michigan State fans, let’s root and invention, and we can do it again Geithner said: Gee, why don’t we use them on because it is a point of terrific with green energy. With or without a TARP, the Troubled Asset Relief Pro- pride for Michigan State University, climate policy, energy companies, in- gram, to actually buy up troubled as- after a hard-fought year with, I think, dustries, and entrepreneurs must make sets? What a novel idea. It was the the best coach in the league, Tom Izzo, investments for the future. This original idea. I guess if you go round who is now going to represent us in the amendment will ensure that a cap-and- and round often enough, you will even- final four. I appreciate that. trade policy will provide direction for tually come back to where you started. AMENDMENT NO. 879 future investments. This amendment And that is the new program that the Madam President, I have an amend- will direct us toward a smart climate Secretary said would take $100 billion. ment I will be offering that has been policy that will protect and strengthen My amendment, again, is simple. It filed, amendment No. 879. I will be of- manufacturing. says the money that is out the door is fering it tomorrow. I wish to read it First, we can ensure a level playing out the door. We cannot do anything briefly because I think it is important field in the world economy by bringing about that, unfortunately. And we will to read what this is. This is about cli- other countries into an international reserve the $100 billion for that newly mate change and it is about being for agreement and ensuring that jobs re- announced program, which was the something and not just against some- main in the United States by pre- original intent, sole intent of TARP. thing, and we have had a lot of amend- venting rising energy costs from being But everything else—everything else ments doing that. a factor. Second, new manufacturing that was imagined and that TARP was The amendment says we will de- opportunities will arise. For example, used and abused to authorize since it crease greenhouse gas emissions with a to meet the needs of new clean energy was first passed—everything else has to policy that will invest in energy tech- production, new technologies must be stop. If the new administration thinks nologies, reduce greenhouse gases, cre- produced. The massive scale of this some of these things are necessary ate new jobs, strengthen the manufac- need will create new markets for Amer- ideas, great; they should come back to turing competitiveness of the United ican manufacturers.

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.081 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4157 Recent history has shown what hap- of a sudden one of you gets a cut in Obama, campaigned on the fact that pens when we rely primarily on foreign pay, where now you are bringing $3,000 the first thing he was going to do was sources of energy. We subject ourselves a month home, what is the first thing a line-by-line analysis of every depart- to less than friendly international gov- you do? The first thing you do, know- ment of every program and get rid of ernments that can leverage unstable ing the kind of economic times we are the things that don’t work and the supplies and higher prices against the in, is you start saying: What is nec- things that work marginally, make people we represent. This amendment essary and what is not? Where can we them better. Well, that comes up to will take us steps further to reducing make up this difference? What can we $380 billion. That is what it comes up our dangerous addiction to foreign oil. not spend money on so that, in fact, we to. Furthermore, our domestic energy are not using our credit cards to fi- Tonight I am going to introduce a se- needs will increase over time, and all nance a living standard that is less ries of amendments—I know they can’t sources of clean energy should be added than what we have today? Almost be called up by the unanimous consent to our portfolio. Good investing, wise every family in America would do that. agreement we are operating under, but investing always requires diversifica- They would go through and they would they will be voted on during our votes tion, so we must bring new clean say: Well, utilities are important, food tomorrow—that are plain common sources of energy into the mix. is important, clothing for the kids is sense and that we would all do with our This is a national and international important, automobile repair, gasoline own business or with our own family; problem, and we have to solve this to- is important, but building a new addi- that we would actually put into place. gether. Our President now has been tion onto our house isn’t important The first thing we would do is we spending time with global leaders talk- right now. It needs to wait. Going to wouldn’t give somebody a bonus who is ing about issues we know we need to be the movies may not be important. repairing our house who didn’t repair working together on. As he is reaching Going out to eat may not be impor- our house. Yet every year in this coun- out to them, we must do that as well. tant, in terms of a list of priorities. try, this Government pays out about $7 But we know that through this amend- Every family would look at what their billion to bonuses to people who didn’t ment, we will ensure that all regions expenditures are and say: Where do we perform. contribute equitably and help each cut spending? We create a reserve fund so we don’t other as America transitions to a clean This budget does exactly the opposite do that anymore. Let me give some ex- energy future. of that. We have markedly declining amples. We have paid $8 billion to con- A successful climate policy also has revenues, and we are going to increase tractors for nonperformance bonuses— to include all stakeholders. Agriculture spending $1.3 trillion. The net effect of they didn’t perform but got paid bo- and forestry can make significant con- that is not so much that we might nuses anyhow—in the Defense Depart- tributions to greenhouse gas reduc- want to do good things for people, but ment. Why would we continue to do tions—as much as 20 percent—with the it is that we are going to be doing that? I will put into the RECORD right incentives. This amendment will those good things by taking the throughout the evening the line-by-line provide clear and certain opportunities money—not from us and not even from areas associated with that. for landowners as to how they can our kids—but from our grandkids. So The first amendment says we are achieve emission reductions and ben- within this budget—the real budget, going to quit paying for performance efit from doing so. the Obama budget—are the plans for us that we didn’t get, so we will save $8 Overall, this amendment is the road to grow Government spending over the billion a year, or $80 billion over the map, I believe, to a reasonable, bal- next 10 years to a level we have never next 10 years. It will get voted on, and anced climate policy. With policies seen before and at a rate of growth we everybody will vote for it, but then in that meet these objectives, we can en- have never seen before. conference it will get stripped out. sure the American public that greater Why would we do that? We wouldn’t That is the game we are playing in the economic opportunity lies ahead. We do it with our own home and our own Senate this week. Anything that can do this while meeting the ambi- family; we certainly wouldn’t do that passes, and we put it in, we will take it tious emission reduction targets set by with our own business. Why is it Con- out in conference. Why would we con- President Obama. gress thinks, and this budget purports, tinue to pay extra money for some- Instead of arguing about what we that we can borrow our way and spend thing that didn’t perform the way it can’t do, I urge the Senate to embrace our way out of financial difficulty? The was supposed to? I am not talking what we can do and what we must do to fact is, we can’t. We cannot do that. It about not paying the bills—that is a create jobs for the future, to get us off is impossible for us to do that. totally different question—and about our dependence on foreign oil, and to The dread secondary effect of that is absolutely not meeting the contract. improve our environment. This is to cripple potential growth in the fu- I will give you an example. The Cen- about the future of the country. I ask ture. Let me explain how that works. sus Department had a contract—a no- my colleagues to support this amend- As we go from $11 trillion in debt to $30 bid contract with Harris Corporation— ment that gives us a road map on how trillion in debt, what is going to hap- for hand-held recorder devices for the to get there. pen to us? How much inflation ulti- census. Oversight hearings were done Thank you very much. mately will come about because we do in the Senate, and we said: What is I suggest the absence of a quorum. that kind of borrowing? Well, what will your plan B if it doesn’t work? They The PRESIDING OFFICER. The happen is everything you have and ev- said it is going to work, no problem. clerk will call the roll. erything you try to buy will cost more Now we have spent $700 billion and paid The assistant legislative clerk pro- and everything you own will be worth $26 million in bonuses for something ceeded to call the roll. less. So what we are doing is we are that doesn’t work and will not be used The PRESIDING OFFICER. The Sen- generationally thieving, stealing by the census. ator from Oklahoma. money for us today so we don’t have as Why would we do that and allow that Mr. COBURN. Madam President, I much problem recognizing the pain. to continue to happen? The Govern- ask unanimous consent that the order What is called for in our country ment is rife with that. So why would for the quorum call be rescinded. today is not growing the Government, we not put a prohibition into the budg- The PRESIDING OFFICER. Without it is shrinking the Government. Here is et that has teeth, which says we are objection, it is so ordered. what we do know, according to GAO not going to pay bonuses for work that Mr. COBURN. Madam President, I and IG reports that are published and didn’t meet performance standards? wish to spend some time tonight talk- that any American can find: that out Yet we will vote on it, and it will get ing about the budget that is before us of the money we do spend every year, jerked right out when it goes to con- as well as some good Government at least $380 billion of it is lost to ference because of the connectedness of things we can do. fraud, duplication or waste. Nowhere in the elite in this country. If you are a typical American family, this budget is there any attention to The second thing I have an amend- husband and wife working and you are any of that; not one place is there at- ment for creates a reserve fund so we bringing home $3,500 a month, and all tention to it. My friend, President will do exactly what President Obama

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.083 S01APPT1 smartinez on PROD1PC64 with SENATE S4158 CONGRESSIONAL RECORD — SENATE April 1, 2009 said we would do and that is a line-by- words, we are not going to penalize you care program that will save the States line analysis of every Government pro- for taking out money you have saved $880 billion over the next 10 years, and gram: Does it work? Is it accom- to get yourself out of trouble today. the Federal Government $400 billion plishing what it is supposed to? If it is That will be a controversial amend- over the next 10 years. That is $1.3 tril- not, we should be eliminating it or fix- ment, I am sure. The fact is, that is lion. It will cover everybody at a level, ing it. That may or may not pass. But something that would make a big dif- where every doctor—no matter who it will get pulled out, even though that ference for families because they have they are—will take their insurance and was a campaign promise—not only in money locked up, but we have such a will take the stamp of being a Medicaid the campaign, but in his inaugural harsh penalty for them to take it out; patient right off their forehead, and no- statement, as well as in his statement they have to give the Government 10 body will ever know they are a Med- to the Nation. He has embraced the percent so they can use it to get them- icaid patient because they will have an very idea that we need to do that. Ev- selves out of trouble on their mort- insurance card just like everybody else. erybody knows we need to do that. If gage. We can buy for them something better you are running a business and have There will be two other amendments than they have and also save $1.3 tril- hard times, you go through what is not I will offer. One will be with Senator lion. working and get rid of it. But we don’t MCCAIN on an alternative budget, Why wouldn’t we want to do that? do that in the Federal Government. which describes what we should do, and That is in our budget. Why wouldn’t we One of the other amendments we will it will save over $3.5 trillion, compared want to do that? Why wouldn’t we have says we will apply metrics to to this budget, which shrinks the size want to create the opportunity so peo- every program we have. In other words, of the Federal Government and doesn’t ple will have an option? Instead of we will say here is the goal, and we will allow it to grow in terms of nondis- going to a nursing home, they can have put in measurements as to whether we cretionary spending, except for defense a program that gives them in-home are achieving the goal. Then we can, and veterans. It puts a cap on how fast care, and we can still save money. Going back to what we were talking for sure, tell what we are doing. The it can grow. It doesn’t raise taxes like about on bonuses, do you realize that fact is that 50 percent of the programs this budget does. CMS paid out $322 million last year to aren’t living up; 12 programs, specifi- The last thing we should be doing— we know the history of what we did nursing homes that were also on their cally, have been on the warning list by list as substandard nursing homes? the GAO for 10 years, and Congress has wrong in the 1930s and at other times— is raising taxes on individuals and cor- Think about that. We paid out in ex- done nothing about that. The reason is cess of $300 million in bonuses to nurs- because they don’t want to put a met- porations at a time when we are in a deep recession. That is exactly the ing homes that had significant prob- ric system in because they don’t know lems in terms of giving the care and what it is. It might cause them to lose wrong tax policy to create jobs. So we will be offering all those amendments meeting Medicare standards in the first a vote with somebody if, in fact, it is place, but we still paid it. Why? Why come tomorrow. not an effective program. wouldn’t we fix that? We don’t want to. The third amendment is to offer a re- The draft budget increases the veterans spending by $25 billion over 5 It is hard to fix—except our budget serve fund to set up metrics, so that would fix that. This budget will cause when we do that and see that things years to take care of the commitments we have made to our veterans. It in- us to not waste as much money. aren’t working, we can get rid of them. This budget recognizes that we have creases the defense spending, which we The fourth amendment we will offer real problems in our country, and the need to do rather than decrease it, in is another one President Obama advo- way to get out of it is not to borrow terms of real dollars, $190 billion. It de- cated. He said this time after time and more money and spend more money. It creases some of our real problems, he believes it and I believe it. The is to be frugal and learn what we were which is our mandatory spending in question is whether we will do it. There taught by our grandmothers: If you ought not to be any no-bid contracts Medicaid, Medicare, and Social Secu- have a penny, spend it wisely. If you for anything above $25 million. We rity, by $3.2 trillion less than what the have a dollar, don’t spend it all. If you mandate that there has to be competi- President’s budget and this budget will get fortunate enough to get more than tive bidding. portend. It doesn’t play any games a dollar, make sure you are saving It is interesting that when we passed with AMT, as far as paying for it. It something for the future. the stimulus, we all voted for it, but doesn’t raise taxes. It will reduce the We all know that is right, but we when it came out of conference, there cumulative deficit, over the next 10 don’t apply it to the Federal Govern- was no competitive bidding require- years, by $3.5 trillion. It also will give ment. Consequently, what will happen ment in the over $870 billion worth of us $3.5 trillion less debt. It is a budget is the standard of living of our grand- spending. What does that mean to the that reflects a family’s budget, that re- children will erode. We are in a seminal average taxpayer? That means you are flects the real times we are in, and it is moment in this country, where we are not going to get good value for the a budget that says we recognize that if going to become on an equal basis with money we are spending. So there is no we are going to do something for our Europe. What does that mean? That mandate, even though that is a com- kids and grandkids, some sacrifice has means the standard of living in this mitment that was made, and we should to come now. Will people peel at it and country is getting ready to drop 30 per- live up to it. shoot at it? You bet. cent, both by what we spend and the So we will have an amendment that The fact is, we have a way too big printed money that will come after says no bonuses if you don’t earn it; Federal Government. It is highly inef- that in terms of the inflation that will No. 2, line-by-line going through the ficient. It wastes at least 10 percent of devalue everybody else’s assets in this budget; No. 3, metrics performance everything it does every year—at least. country. measurements; No. 4, competitive bid- That is a very conservative estimate. There are a lot of ways to run this ding. What we are going to put forward is a Government, but the way we are run- Then, finally, an amendment I will budget that doesn’t do any of those ning it now wouldn’t pass muster any- offer is something that will make a things. When we waste $80 billion a where in anybody’s household. Nobody real difference in people’s lives today. year through fraud in Medicare, think would throw 10 percent of their money The Senator from Texas and I worked what that means. That means 20 per- away every year. Nobody would give on that during the stimulus. What it cent of the money spent in Medicare is bonuses to people who didn’t deserve it. says is that if you have an IRA or defrauded. Our biggest problem is we Nobody would not make measurements 401(k) and you are underwater on your are not going to be able to keep up about what they are doing to see if it mortgage and you have money in that with Medicare. Yet we have 20 percent was working. We need a change. The 401(k) or IRA and you want to take of it that we are not doing a thing seminal moment is coming. We may that money and apply it to your pri- about in getting rid of fraud and im- not win the budget battle but, in fact, mary residence mortgage, where you proper payments. We have at least $40 if we don’t win the budget battle, the are underwater, you can do that with- billion in terms of Medicaid. We have a problems are just going to be that out a 10-percent penalty. In other Medicaid Program here and a health much more severe.

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.085 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4159 The debt load we will carry with this cussing these amendments when I offer couples paid a penalty for being mar- President’s budget will shackle the them tomorrow. And I thank the Sen- ried in 1999, amounting to approxi- next two generations in this country ator from Texas for allowing me to mately $1,400 per couple. for their entire lifetime. speak. Enacting marriage penalty relief was With that, I yield the floor. The PRESIDING OFFICER (Mr. a giant step for tax fairness. But we The PRESIDING OFFICER. The Sen- MERKLEY). The Senator from Texas is may lose it. Even as married couples ator from South Carolina is recognized. recognized. use the money they now save to put Mr. GRAHAM. I would like to discuss AMENDMENTS NOS. 866, 868, AND 867 food on the table, buy clothes for their amendments I intend to offer tomor- Mrs. HUTCHISON. Mr. President, I children, or send them to college, the row. I thank the Senator from Texas am pleased the Senator from South budget that has been proposed by the for allowing me to speak briefly. The Carolina is going to have amendments President would raise taxes on the top first amendment is No. 898, which is a that will try to bring this budget, two income brackets, both of which point of order against new mandatory which is going to increase the debt in still include a marriage penalty. As a spending if the Social Security trust our country, down to a level that can result of increasing the tax rates on fund dips below $5 billion. sustain our future generations. So I am this bracket, the President further ex- There is talk about this economy and proud to work with him to try to do acerbates the marriage penalty for the effects of a recession, and they are that. married couples in those brackets, ef- real. But one of the things we found I rise to discuss three amendments I fectively reversing the progress we out a couple of days ago is the Social will offer tomorrow as well. I truly be- have made in ensuring that marriage Security trust fund spent more than it lieve we have made some progress would not be a taxable event. took in, in February. The projections today because some of the amendments The benefits of marriage are well-es- for next year are to have a $3 billion that have passed will have an effect tablished. Yet, without marriage pen- surplus, so the day of reckoning that that I think will be positive on this alty relief, the Tax Code gives a dis- Senator COBURN was talking about, budget. incentive for people to become mar- when it comes to Social Security, is Anywhere I go in my State, or any- ried. My amendment would affirm this upon us even quicker than we thought. where I go in this country, people are body’s commitment to the institution Everybody thought it would be 2018 talking about the mounting debt. It is of marriage by creating a point of when we would pay out more benefits almost breathtaking because we have order against any legislation that than we collect in taxes. never seen this kind of debt. This debt, would impose or increase a marriage If this trend continues, that will be juxtaposed against our gross domestic penalty. We should be celebrating mar- accelerated by several years. That product, is the highest we have seen riage. Marriage and families are the means the longer we delay in finding a since World War II. We know that core of our society. We should not be fix for Social Security, the harder the World War II and the Great Depression penalizing it. mountain will be to climb. If we put before that were extraordinary times. Amendment No. 868 enacts a perma- this off one Congress after the next, Clearly, these, too, are extraordinary nent deduction for State and local the solutions that will get us to sol- times, but we have a responsibility to sales taxes. I have worked, since I came vency are going to be too draconian our country and to the hard-working to the Senate, to rectify a tax inequity and will hurt people. We need to act people of our country, and the people that plagues eight States. They are the now because this problem is getting who have lost their jobs in our country, eight States that have a sales tax but bigger faster than anybody anticipated. to act responsibly. not an income tax. If we do responsible things about re- We have already passed a trillion-dol- Before 1986, taxpayers in these adjusting the benefits for upper income lar stimulus package. We passed an- States—Texas, Washington, Nevada, Americans and for Senators, where if other trillion dollars in spending just Wyoming, South Dakota, Alaska, Flor- we took $10 less a month when we re- for this year, much of which was dupli- ida, and Tennessee—had the ability to tire, it would bring about 70 percent of cative with the stimulus package. So deduct their sales taxes, like every tax- the solvency needed to get Social Secu- that is $2 trillion we have obligated in paying citizen from States that impose rity back in balance. Do something on the first 2 months of this year. Now we income taxes. Unfortunately, citizens the age that is prospective, that real- are looking at a budget that, over a 10- of some States were treated differently izes we all live longer. Do something on year period, is going to increase the after 1986 when the deduction for State modernizing the program, so you could debt by another $9 trillion. That is not and local taxes—sales taxes, that is— have savings on top of the Social Secu- sustainable. We are coming to a tipping was eliminated. rity. There are ways to get there. In- point in which we will not be able to Together, the eight States that im- crease revenues by raising the cap to sell our debt because there will be a pose sales taxes in lieu of income taxes have a transition. Let’s make sure that fear that we cannot repay it. That will fought to correct this injustice from people who live past 80—the fastest be a financial crisis for sure. 1986 until 2004, when we finally did cor- growing demographic in America—do So I am offering three amendments, rect it. Since then, we have provided not outlive their 401(k) plans. and I would like to start with amend- extensions every few years, with the So we have a challenge and an oppor- ment No. 866. It would provide perma- current extension set to expire at the tunity, and this amendment says that nent marriage penalty relief. My end of this year. While the budget be- there will be a budget point of order amendment would establish a point of fore us assumes an extension of that against any budget when there is not a order against any legislation that valuable relief for an additional 2 $5 billion surplus in Social Security. would impose or increase a marriage years—through 2011—what we really The second one would be a point of penalty, which is the most egregious need is to make this relief permanent. order against any bill that would im- antifamily action in our Tax Code. The majority leader has an amend- pose a national energy tax on middle- One of my highest priorities in the ment, which I have cosponsored, to ac- income Americans. The reason we talk Senate has been to relieve American complish this goal. I support his effort, about this is cap and trade. We have to taxpayers of this punitive burden. The and I welcome his leadership on the be smart about how we deal with cli- marriage penalty pushes married cou- issue because it is an initiative that we mate change. If we don’t watch it, we ples into a higher tax bracket than two must accomplish to ensure fairness for will create a cap-and-trade system that single earners earning the same com- our constituents. He certainly was one will be a huge burden on average, ev- bined income. After years of fighting of the leaders in correcting the in- eryday Americans. Every time they this issue of equity, the 2001 and 2003 equity in 2004, and I appreciate that. flip on a light switch, there will be a tax cuts made a great stride toward While I support his effort—I am not sales tax. So this point of order is eliminating the marriage penalty by opposed to the approach he is taking— against an energy tax on middle-in- lowering tax rates, doubling the stand- I do today rise to offer an alternative come Americans. ard deduction, and simplifying other approach that ensures a permanent Madam President, with that, I yield elements of the Tax Code. Prior to the sales tax extension by actually ac- the floor, and I look forward to dis- Bush tax cuts, an estimated 25 million counting for it directly in the budget.

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.086 S01APPT1 smartinez on PROD1PC64 with SENATE S4160 CONGRESSIONAL RECORD — SENATE April 1, 2009 There is a key distinction between friendly regimes, such as Venezuela sponsibility and doing what the Senate our amendments. The majority leader’s and parts of the Middle East. In 2008 ought to do. amendment requires our States’ tax eq- alone, we spent close to $475 billion on I hope to talk more about the McCain uity to be paid for by other changes in imported oil. substitute of which I am a cosponsor the budget, whether it is spending cuts This amendment I have will reduce because I think it is the responsible ap- or other tax increases. I disagree that America’s dependence on foreign proach and I think it is our responsi- our States should have to pay for tax sources of energy, minimize future in- bility to provide an alternative. relief that not only pays for itself but creases in gasoline prices, and help re- I ask unanimous consent to add Sen- is granted to taxpayers who do not duce the debt with new lease revenue. ator BROWNBACK as a cosponsor of mar- have sales taxes but do have income We must reduce our dependence on dic- riage penalty amendment No. 866. taxes, or maybe they have sales taxes tators, such as Hugo Chavez, who con- The PRESIDING OFFICER. Without and income taxes. It is a fundamental trol our energy supplies. Increased do- objection, it is so ordered. issue of fairness. mestic oil and gas production right Mrs. HUTCHISON. I urge my col- While I will support any measure here at home, in the waters off our leagues to support these amendments that makes the sales tax deduction per- shores, will help us reduce our foreign when they come up, and I yield the manent, I think we should not have to dependency and make us more energy floor. be held to a higher standard than other independent, and we can do it in an en- Mr. President, I suggest the absence States when we are dealing with tax re- vironmentally safe manner. of a quorum. lief that really pays for itself. We Expanded energy production off U.S. The PRESIDING OFFICER. The should be equal in this country. The shores will also help us minimize fu- clerk will call the roll. Federal Government should not be giv- ture price increases. With a lack of The bill clerk proceeded to call the ing breaks to people who have income supply that could force up energy roll. taxes but not the same breaks to peo- prices, increasing supply will certainly Mr. BROWN. Mr. President, I ask ple who have sales taxes. All the States bring it back down. Some will say: unanimous consent that the order for collect taxes. They do it in different Well, oil prices are low now. Why the quorum call be rescinded. ways. The Federal Government should should we drill? The PRESIDING OFFICER. Without not pick winners and losers. That is exactly the kind of attitude objection, it is so ordered. The amendment I am offering today that will ensure that prices go up. We AMENDMENT NO. 808 will permanently end the discrimina- could sit back and wait for oil prices to Mr. BROWN. Mr. President, I rise to tion suffered by the eight States that go back up and then act, but we have discuss amendment No. 808, an amend- have no income tax but do have a sales more responsibility and hopefully more ment I will offer tomorrow that will tax and don’t have the option of that leadership in the Senate than to wait protect seniors from identity theft. deduction. There should be a deduc- because we know that if supplies dwin- Every day, some 44 million Americans tion, and you should be able to choose. dle, prices will go up. are at risk of having their identity sto- People in income tax States should be We have oil right here off our own len—simply because they are Medicare able to choose that as their deduction; shores. We need to use it. We are the beneficiaries. Why is that? We have or if they would prefer, they could also only Nation in the world that has an talked in Congress for years now about deduct sales taxes. But the people in abundance of energy supplies yet re- removing Social Security numbers sales tax States that don’t have an in- fuses to use them. Other nations either from Medicare cards. I think it is time come tax should have the same rights. don’t have energy supplies or they are to demonstrate that we are serious So I urge the adoption of amendment trying very hard to get some kind of about taking action on something that, No. 868 when it is brought forward to- energy in their own countries. We have when you get right down to it, is pretty morrow. the capability to provide for our energy simple. Mr. President, I have a third amend- independence and we are not doing it. It is common sense that Americans ment, No. 867. This is the Outer Conti- And we are letting down the people of should avoid carrying their Social Se- nental Shelf expansion budget resolu- our country if we don’t. curity number around with them be- tion amendment. I wish to speak in So I urge support for amendment No. cause of identity theft. In fact, the So- support of the amendment I have filed 867 when we vote tomorrow. cial Security Administration itself in- with my colleagues, Senators BOND, Mr. President, I just want to end by sists citizens should not ‘‘routinely VITTER, and MURKOWSKI, which ensures saying that I am a cosponsor of Sen- carry . . . documents that display that we will expand domestic offshore ator MCCAIN’s amendment that would [their Social Security number].’’ Yet energy production on the Outer Conti- be a substitute for this budget. I hope Medicare cards clearly display the nental Shelf. to be able to talk on the floor tomor- Medicare beneficiary’s health insur- Section 202 of the budget resolution row about his substitute. I believe we ance claim number, which is the Social directs that we reduce our dependence must produce an alternative to this Security number followed by a letter. on foreign sources of energy by pro- budget. We have certainly criticized So anyone interested in identity theft ducing green jobs, promoting renew- how big it is and how much we have to when stealing a purse or billfold con- able energy development, establishing borrow to pay for it and the taxes that taining a Medicare card gets the Social a clean energy investment fund, and would have to be raised. The budget Security number and can then have a encouraging conservation and effi- currently before us spends too much, Social Security number and can ex- ciency. While I support these initia- borrows too much, and taxes too much. ploit having that Social Security num- tives, which will play a role in making We can do better in this country. The ber. our country more energy independent, substitute of Senator MCCAIN and my- What is worse, on the back of each we cannot overlook our own domestic self and other cosponsors will certainly card, beneficiaries are told to ‘‘carry oil and gas resources in the Outer Con- do more in the area of bringing our your card with you when you are away tinental Shelf, which this budget be- budget down to a sustainable size and from home.’’ Medicare says you should fore us does. doing what is right for this country. carry your card with you, Social Secu- The goal of reducing our Nation’s de- It basically freezes spending and adds rity says don’t carry your Social Secu- pendence on foreign sources of oil is as the rate of inflation, so the pro- rity number with you. one on which both sides of the aisle grams in place right now would be able Something needs to change. It is not should be able to agree. Our President to grow with inflation, but it will show acceptable for the Government to be has said we must reduce our Nation’s the American people that we mean to unnecessarily putting millions of imports of oil. It is irresponsible to put cut back in the outyears of this spend- Americans at risk of identity theft. our economic and national security in ing so we will not increase the debt. In That is why I will offer amendment No. the hands of unstable and unfriendly fact, the McCain substitute will lower 808, which will give the budget author- regimes. Today, we import over 60 per- the debt that is envisioned in this ity to make this change. cent of our energy needs, and too much Obama budget by $3.9 trillion. This Medicare thought, back in 2005—we of it comes from unstable and un- would be our first step toward fiscal re- don’t have the numbers since—that

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.087 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4161 identity theft costs the country $1.5 B, C, D, you would see that the Federal ing we want to get a country where billion in 1 year. That is a conservative Government’s GPA is 1.14. A 1.14 GPA within a decade there are no longer estimate. is what the Federal Government has deaths by cancer in the United States. The Congressional Budget Office for its own programs, whether they If you decide to take care of yourself, says, for whatever reason, it will cost pass or fail this test of whether the the right treatments, this is treated as $25 million to remove Social Security program is duplicative, whether the a chronic disease, not as a death sen- numbers from all future cards, so that program has accomplished its purpose, tence. That is something worth invest- is the amount we have raised under whether the program is effective at all. ing in. pay-go in this. It is a downpayment on You can go down through here and Typically, what we do here is say: fully addressing this problem. We owe you can see—the State Department ac- OK, let’s just put it in the stack and we it to seniors to include the language in tually has the highest score that the will see if we can get at it. It goes our budget. I am confident we can find Government grades for its programs along with all the other programs, even the $25 million in savings by reducing that were reviewed, whether they are though these programs are failing, and waste, fraud, and abuse. That is why hitting the targets the program was de- we just try to add it on. What if we said this amendment has the support of the signed to do—the highest score. They we are going to take out the failing Consumers Union and AARP. They get a C-plus. You see down here we programs within these agencies we are both endorsed it. That is how the have the Labor Department, HUD, Edu- going to eliminate them and take that amendment is paid for. It is budget cation, all with failing scores, and D- money and put it on higher priority neutral. Let’s demonstrate we are com- minuses at EPA, Homeland Security; a programs like a war on cancer, like mitted to protecting seniors from iden- D at Interior, HHS, Agriculture, and maybe it is work experience abroad. I tity theft. Justice. don’t know if that is it or maybe it is To recap, Medicare suggests to sen- This is a bad report card. It is never green jobs and new energy, a big en- iors they should carry their Medicare seen as having much significance be- ergy project. We want to get more en- card with them at all times. Medicare cause nothing happens at the end of ergy production from the United States. Great, let’s eliminate those has made a decision to put a Social Se- the report card, unlike when I was that have not worked and take that curity number on the Medicare card. going to school or when my kids now money and spend it on programs that Social Security says: Don’t carry your are in school. There is a consequence to are higher priority. not getting a good grade, and you try Social Security number with you be- Maybe these are programs that have cause if it is stolen, whatever you have to improve it. On this one, there is accomplished their purposes. We don’t with you and that number is stolen, kind of no consequence to it: OK. We need them anymore. It is a novel no- then you can be a victim of identity got an F. So what? Because there is no tion that maybe the Federal Govern- theft. consequence. ment started a program and it actually What I want to do is put a con- We just want a commonsense solu- accomplished its purposes and we don’t sequence into a Federal program fail- tion. We want seniors to carry their need it anymore, so we should move on ing to meet its target. And that is this Medicare card, but we don’t want sen- past it. Yet the way the budget process iors to be victims of identity theft, so amendment. It is called the Commis- so often works, the appropriations we want to take the Social Security sion on Budgetary Accountability and process works, once it gets in, it never number off the card. Medicare could Review of Federal Agencies; it is called leaves. It just continues on and on use another identification that pro- CARFA. It would basically create a rather than us reappraising it or say- tects seniors’ confidentiality, protects commission. Every 4 years, each Fed- ing is it really meeting the need or is privacy, and protects the public from eral program would be reviewed. That it not meeting the need. This is the anyone interested in identity theft program would be scored. If the pro- way we get at waste, fraud, and abuse, from being able to get access to that gram receives an F, it would be put in duplication, and programs that have Social Security number. the groups of Federal programs that all accomplished their purposes. It is a simple amendment. I urge my get failing scores and then be required Everybody here in this body would colleagues to support amendment No. to be voted on by this body, by the declare themselves against waste, 808. House, whether the program is contin- fraud, and abuse in the Federal Govern- I yield the floor. ued or not. So all the bundled 500 pro- ment and say we are going to get to The PRESIDING OFFICER. The Sen- grams—however many there are—those the bottom of this program and we are ator from Kansas is recognized. that fail, we would have to vote wheth- going to make sure it is efficient and AMENDMENT NO. 840 er to continue those programs or dis- effective. We have heard that from Mr. BROWNBACK. Mr. President, I continue those programs altogether, no President Obama. Frankly, we hear it will be calling up amendment No. 840 amendment, limited time period for de- from every President who gets into of- tomorrow. It is an amendment I put bate, deal or no deal. Do we eliminate fice, that they are going to get at the forward before. It is an amendment the wasteful programs that have bottom of this and they are going to that passed this body last year in the failed? Do we keep them? make sure these programs are working, budget debate. We talked about it. I This is a process we have done on efficient and working. Yet the Federal think it is one of the things we need to military bases—it has worked—on con- Government, giving itself its own do to try to be efficient with Govern- solidating bases to ones from lower pri- scorecard after President after Presi- ment programs, and effective, and to ority to higher priority ones. It has not dent said this—and we have a 1.14 grade make sure that if we have waste, fraud, cut military spending, but it has made average, most of the programs failing and abuse or duplicative programs, it more efficient and effective. That is to be able to do that—they say: Well, they get eliminated. what we should at least be looking at so? What are you going to do about it? I draw the attention of my colleagues in the Federal Government, to make We are going to continue to get our to a report card. I don’t know if they the Federal programs more efficient funding next year anyway. know this, but the Federal Government and more effective. That is what this This is conservative Presidents, this itself does a report card on itself as to amendment would do. is liberal Presidents who come in. We whether its programs are meeting the I had a group of college students in are always going to create and make a design of the programs they put for- today. They were talking about the better system and we are going to stop ward, are meeting the criteria of the need to be able to do work programs this wastefulness, and it just doesn’t program that was put forward by the abroad, study-abroad programs, all happen. This would get added by put- Congress, and then this is scored by the which I think are great. They say it ting a procedure in place, a required Federal Government itself and it gets a has a price tag of about $3 billion. Look procedure that would cause these pro- report card. at the deficit we are looking at. That is grams to be effective or face the con- I am not very pleased to note to my just way too high. But what if you said: sequences. This is sensible, bipartisan, colleagues and to the public that the OK, that is a good idea, or, we want to good-government, an efficient way to Federal Government, giving itself a declare war on cancer—that is one I move forward. It will work, and it is grade on this card—if you did it in A, think we ought to uptick on this, say- something we need to do.

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.089 S01APPT1 smartinez on PROD1PC64 with SENATE S4162 CONGRESSIONAL RECORD — SENATE April 1, 2009 In closing, I ask that my colleagues 1.5 percent of the entire proposed Fed- Secretary of State Hillary Clinton would look at this program, and if we eral budget and only 6.8 percent of the echoed, get it passed again this year—not strip national security budget, which in- The relatively small but important it out in the conference report, that we cludes defense and homeland security. amount of money we do spend on foreign aid would actually do something like Even at this level of spending, the is in the best interests of the American peo- this—it would send a notice of credi- international affairs budget represents ple’’ and ‘‘promotes our national security bility to the American public that we only 0.35 percent of GDP. and advances our interests and reflects our are actually going to go at programs, Our foreign affairs account is modest values. and if they don’t work, we are actually compared to what many other simi- The 2006 National Security Strategy, going to pull them out. Right now, the larly wealthy nations spend on such the Quadrennial Defense Review, and public does not believe we will do that. programs. the 9/11 Commission all support in- This creates a mechanism, a culling As we take stock of America’s image creased investment in America’s diplo- process that we eliminate those, and in the world, it is clear that we need to matic and development capabilities. we could have some credibility with do more to improve the lives of the As the Obama administration works the public that we are going to elimi- world’s poor and help stabilize fragile to address multiple difficult and dan- nate programs that don’t work, that governments and economies. gerous international problems, we have have waste, fraud, and abuse within America’s generosity and ability to to fully fund the basic tools needed for them. We have had good bipartisan help other countries are becoming such engagement. support of this idea and this proposal more important to the effectiveness Last year, 73 Senators, including 24 in the past. I hope we could have it our foreign policy. In many cases our Republicans, voted for an amendment again in this budget proposal. own security depends on the stability to restore the international affairs Overall on the budget, I still think of far-flung places beyond our borders. budget to the level requested by the we are going seriously the wrong way. With this relatively small account, President. The bipartisan message was I did a townhall meeting, tele-townhall the international affairs budget funds clear we must continue to invest in our meeting last night in my State, talk- programs that: reduce tensions with country’s international affairs pro- ing about the budget. People are not other nations through diplomacy and grams. satisfied at all with this process. They engagement; lift millions out of pov- America’s international affairs pro- think there is way too much deficit erty through educational, health, and grams are as important foreign policy spending in it. They think it is failing economic programs; bring clean water tools as diplomacy and defense. Let’s to hit the mark. They are very upset and sanitation to the world’s poor; make sure they are funded as such. about a lot of the payouts for big enti- strengthen fragile democracies and Mr. KYL. Mr. President, last fall, in ties. They are saying: What about us? weak states; help with humanitarian, a debate with my Arizona colleague, Who is taking care of us? They look at refugee and peacekeeping needs; and Senator MCCAIN, President Obama de- those deficit numbers and the tax in- send some of most talented Americans cried the ‘‘orgy of spending and enor- creases that are probably going to to work in some of the most difficult mous deficits’’ that occurred under come behind them, and they just don’t corners of the planet. President Bush. like it. They do not agree with it, and At a time when the need for such en- At a recent press conference, the they do not think that is a way to gagement is stark, we haven’t made President told us that America must move forward as a country; that what the investment we need in these crit- shun the ‘‘borrow and spend’’ policies we ought to do is really get our house ical foreign policy tools. of the past and embrace plans to ‘‘save For example, America’s lead develop- in order. and invest.’’ I agree that we have to ment agency, the U.S. Agency for I am pleased to see people putting curtail Government spending now to International Development, at one forward other options for how they can protect future generations from his- deal with the budget and with the def- point in its history had more than 5,000 full time Foreign Service officers toric debt. icit. I urge my colleagues to vote So why, after denouncing deficit against this one, and let’s start over. working on health, education, agricultural, and political development spending, is President Obama pro- Let’s get one where we can have bipar- posing to borrow and spend more than tisan agreement. Let’s get one that around the world. Today, while engaged in a global war any President ever? His budget is not cuts back on that deficit. Let’s get one only the biggest in history; it also cre- that doesn’t raise taxes on Americans. of ideas and values, USAID has just over 1,000 Foreign Service officers. Its ates more debt than the combined debt Let’s get one that can really help us under every President since George move forward in this crisis we are in budget in real dollars has been cut by almost a quarter from a high in the Washington. today rather than this one that is high- Senator MCCAIN told us during the ly partisan, deficit oriented, tax in- 1980s. Similarly, the Peace Corps, one of campaign that spending and deficits crease oriented, and is not supported are two sides of the same coin, that by the vast majority of the American our most successful programs at both sharing American values and assist- President Obama’s spending promises public. would raise deficits to unsustainable I yield the floor. ance while also exposing our young Mr. DURBIN. Mr. President, I am people to the people and cultures of levels; and that huge tax hikes—and pleased to support the Kerry/Lugar other worlds, has seen its budget in not just for the wealthy—would be re- amendment that restores the full real dollars cut by almost 40 percent quired to pay for it all. amount of the President’s request for since its inception in 1967. Now, the President’s own Office of the international affairs budget. At a time when more failed states are Management and Budget Director The Budget Committee has rec- in need of international peacekeeping Peter Orzag has confirmed what Sen- ommended a cut of $15 billion out of missions, the United States is millions ator MCCAIN said all along, that: the $540 billion from total nondefense dis- of dollars in arrears in U.N. peace- budget will lead to ‘‘rising debt-to- cretionary spending—a reduction of 2.8 keeping dues. gross domestic product ratios in a percent. But it has recommended a $4 This budget is an essential compo- manner that would ultimately not be billion cut out of $53.8 billion from the nent of our national security. Defense sustainable.’’ international affairs account—a reduc- Secretary Gates has said: Let’s consider some numbers to put tion of more than 7 percent. The problem is that the civil side of our that into perspective. The foreign affairs account, already government—the Foreign Service and for- Last year we had a $459 billion def- relatively small in the overall budget, eign-policy side, including our aid for inter- icit. The Congressional Budget Office is being asked to carry more than dou- national development—[has] been systemati- now projects it will more than triple cally starved of resources for a quarter of a this year, to $1.669 trillion deficit. This ble the percentage spending cut than century or more . . . We have not provided the rest of nondefense discretionary the resources necessary, first of all, for our budget will double the public debt in 5 spending. diplomacy around the world; and second, for years and triple it in 10. This budget Furthermore, the small investment communicating to the rest of the world what does not contemplate one-time invest- in our overseas engagement is barely we are about and who we are as a people. ments followed by years of reduced

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.090 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4163 spending. Instead, billions in new out- homes, high-speed trains to nowhere, about health and climate legislation. It lays will continue indefinitely. So it is and the like. It buys almost nothing of will not allow for feedback from the not just about massive spending, but long-term economic benefit.’’ people or amendments that might im- about the permanent accruement of Senator MCCAIN was right. President prove the original proposals. power in Washington. Obama has promised to spend so much If there are rules—such as the Byrd After bottoming out at $658 billion in that we are looking at record deficits Rule—that frustrate Senators, I hope 2012—a level still more than 40 percent and tax increases on everyone just to that they will take the time to under- above the highest deficit during the start paying for it all. We need to get stand that those rules exist for a rea- Bush administration—the Congres- a handle on this budget before it is too son. They protect every Senator, re- sional Budget Office projects the total late. gardless of whether they are in the ma- debt to increase to $9.2 trillion in 2019, Mr. BYRD. Mr. President, I thank jority or minority party, because even or 82.4 percent of GDP! The Washington the chairman of the Budget Committee a Democrat in the majority today may Post recently editorialized, ‘‘President and his staff for their hard work on have a viewpoint in the minority to- Obama’s budget plan would have the this year’s budget resolution. morrow. government spending more than 23 per- I regret, however, that the discre- I understand the White House and cent of gross domestic product tionary spending level is less than congressional leadership want to enact throughout the second half of the this President Obama’s request. The Obama their legislative agenda. I support a lot decade while collecting less than 19 administration, to its great credit, rec- of that agenda, but I hope it will not percent in revenue.’’ ognizes the serious consequences of the require using the reconciliation proc- Is this the legacy we want to leave previous administration’s lack of in- ess. Again, I commend the chairman of for the next generation? Unprecedented vestment in American infrastructure. I the Budget Committee for excluding debt? will continue to support President reconciliation instructions, and look And let’s not forget the finance Obama’s full discretionary budget re- forward to working with him to ensure charges. Beginning in 2012 and every quest. I look forward to working with those instructions are not included in year thereafter, the Government will the chairman of the Budget Committee conference. spend more than $1 billion per day pay- on this matter as the resolution moves Mr. LEAHY. Mr. President, I am in ing finance charges to holders of U.S. forward. strong support of the amendment of- debt. I also compliment the chairman for fered by Senators KERRY and LUGAR What does this mean for the average making the right decision to forego which I and many other Senators on American family? Federal spending on reconciliation instructions in this both sides of the aisle have cosponsored finance charges for our Government’s budget. Unfortunately, the House budg- to restore $4 billion to the inter- debt will be about $1,500 per household et resolution does include reconcili- national affairs function of the budget. for 2009. Under President Obama’s ation instructions, and that should be This amendment would not have any budget, this number would soar to of concern to every Senator. effect on the top line for nondis- nearly $5,700 per household by 2019. The The House provisions open the door cretionary spending. It is budget neu- interest on the national debt would be in conference to language requiring as tral. so big that it would be the largest sin- many as five Senate committees to re- We have two choices. Cut $4 billion gle expenditure item in the budget by port reconciliation legislation—the from the President’s Fiscal year 2010 2019. Commerce, Science, and Transpor- budget for national security and diplo- Then there are the tax increases this tation Committee, the Energy and Nat- macy programs as the budget resolu- budget contemplates. President Obama ural Resources Committee, the Finance tion would do, or restore those funds, said he will cut taxes for 95 percent of Committee, the Environment and Pub- as the Kerry-Lugar-Leahy-Durbin Americans. But his budget would raise lic Works Committee, and the Health, amendment would do, and which both taxes by $1.4 trillion over 10 years. It Education, Labor, and Pensions Com- the Secretary of State and the Sec- not only lets some of the existing tax mittee. While the House reconciliation retary of Defense have said is vital. rates expire—thus raising taxes—but instructions are ostensibly for health This $4 billion is an insignificant implements a new $646 billion energy reform and education bills, they could amount when it comes to having an ap- tax that will impact every American also be used to report other bills under preciable effect on the deficit over the household—regardless of income—and the jurisdictions of those committees— long term, but it will pay immediate is estimated to increase energy costs including climate legislation—as long dividends in restoring United States infor every family by $3,168 annually. as the bill complies with the budget’s fluence around the world where it is And it’s described as a ‘‘down pay- net deficit reduction instructions. desperately needed. ment,’’ meaning there is more to come. Whatever legislation those committees The difference we are talking about What about President Obama’s sug- decide to report, their bills would re- is whether to freeze funding for inter- gestion that this deficit spending con- quire only 51 votes for Senate passage. national assistance programs at the stitutes ‘‘investments’’ for the future? Under the Budget Act, debate is lim- 2009 level, or to step up to the plate and Most of us would agree that short-term ited to 20 hours, and amendments are fund the initiatives President Obama, deficits are sometimes necessary to sharply curtailed. and Members of Congress of both par- help finance future prosperity. As Ste- I am one of the authors of the rec- ties, have recognized are urgently phen Moore writes in the latest Weekly onciliation process. Its purpose is to needed. Standard, ‘‘The 1980s deficits were adjust revenue and spending levels in These funds will be used to put the probably one of the highest-return in- order to reduce deficits. It was not de- United States back in the driver’s seat vestments in American history. We signed to cut taxes. It was not designed on climate change. They will support bought a victory over the Evil Empire to create a new climate and energy re- the increases for Pakistan and Afghan- in the Cold War and borrowed to fi- gime, and certainly not to restructure istan that the Secretary of Defense nance reductions in tax rates that the entire health care system. The says are critical elements of our coun- launched America’s greatest period of ironclad parliamentary rules are terterrorism strategy there. It is not wealth and prosperity: 1982–2007.’’ stacked against a partisan minority, just a military strategy. It is also a But much of the new spending in this and also against dissenting views with- diplomatic and development strategy. year’s budget is not what the IRS or a in the majority caucus. It is such a These are the funds to support that. well-run business would classify as an dangerous process that in the 1980s, the They will support treatment for mil- investment. Most of it is earmarked for then-Republican majority and then- lions of people infected with HIV/AIDS. services whose long-term value is dif- Democratic minority adopted lan- Lifesaving drugs that represent the ficult to measure. guage, now codified as the Byrd Rule, best of America. I’ll quote Stephen Moore’s article intended to prohibit extraneous matter Years from now, countries in Africa, again: ‘‘The debt we are now incurring from being attached to these fast-track South Asia, the Middle East, and Cen- is paying for windmills . . . new cars measures. The budget reconciliation tral Asia will remember what we do for federal employees, weatherizing process will not air dissenting views today. China is expanding its influence

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.001 S01APPT1 smartinez on PROD1PC64 with SENATE S4164 CONGRESSIONAL RECORD — SENATE April 1, 2009 around the globe. We can step back and Weaknesses Exposed the Government their HUBZone certification. This fail- watch that happen, or we can show to Fraud and Abuse, GAO–08–964T— ure in oversight hurts new and deserv- once again that the United States is that the mechanisms that the SBA ing firms in their quest to receive as- going to lead by example. uses to certify and monitor HUBZone sistance through the HUBZone Pro- Not very long ago we had that chance firms provide limited assurance that gram, which is the last thing we need with Russia. But rather than look for only eligible firms participate in the during these challenging and perilous ways to put past hostilities and dis- program. The GAO report found that of economic times. Our amendment would trust behind us and embark on a new 125 applications submitted in Sep- require the SBA to formalize and ad- relationship, we sought to take advan- tember of 2007, the SBA only requested here to a specific timeframe for proc- tage in ways that exacerbated that dis- supporting documentation, which helps essing firms proposed for decertifica- trust. to clarify the eligibility of the busi- tion in the future, as well as require Today the relationship is a far cry ness, for 36 percent of the applications further developed measures in assess- from what it could and should be, and and only conducted a single site visit ing the effectiveness of the HUBZone it will require significant investments for all 125 applicants. While the SBA’s Program. in diplomacy to rebuild it. policies and procedures require pro- Moreover, the Federal Government We can lead in the world, we can gram examinations, the agency only must strive to continue to provide ad- build new alliances and work to solve conducts them on 5 percent of certified ditional contracting opportunities to conflicts, promote stability and de- HUBZone firms each year. This is a those who are legitimate HUBZone velop new markets, or we can turn in- glaring lack of oversight that must be firms. I am dismayed by the myriad ward. That is the choice we face with rectified. ways that Government agencies have this amendment. We are part of a glob- The amendment we introduce today time and again egregiously failed to al economy. We face grave challenges, would take immediate steps to correct meet most of their small business con- from al-Qaida in Pakistan to drug car- the lack of effective administrative tracting goals. I am alarmed that only tels in Mexico. Climate change threat- oversight by incorporating all rec- one Federal small business contracting ens the survival of species in ways that ommendations that GAO provided for program—the Small Disadvantaged may profoundly affect our own survival improving the HUBZone Program. This Business Program—has met its statu- not fifty million years from now, but measure would require more routine tory goal and that the three other within the lifetimes of our children and and consistent supporting documenta- small business goaling programs have grandchildren. tion during the program’s application all fallen drastically short. For exam- This is no time to trifle with the process. In its report, the GAO found ple, in fiscal year 2007, the HUBZone need for American leadership. I thank that the SBA relies on Federal law to Program met only 2.2 percent of its 3 all Senators for supporting this identify qualified HUBZone areas, but percent Government-wide goal. The amendment. the map it uses to publicize HUBZone Federal Government can and must pro- Ms. SNOWE. Mr. President, I rise areas is inaccurate, and the economic vide more to our country’s hard-work- today in support of the passage of a characteristics of designated areas ing small businesses, and I am con- truly bipartisan amendment to the vary widely. Our amendment would re- fident that this amendment will pave budget resolution that Senator CARDIN quire that the SBA take immediate the way for more qualified firms to re- and I are introducing. This vital steps to correct and update the map ceive HUBZone assistance. In my home amendment would address the Govern- that the SBA uses to identify HUBZone State of Maine, only 127 of 41,026 small ment Accountability Office’s, GAO, re- areas and implement procedures to en- businesses are qualified HUBZone busi- cent recommendations to improve the sure that the map is accurately up- nesses. HUBZones represent a tremen- Small Business Administration’s, SBA, dated with the most recently available dous tool for replacing lost jobs across management and oversight of the His- data on a more frequent basis. all industry sectors in distressed geo- torically Underutilized Business Zone, The GAO also found that the mecha- graphic areas—clearly, this program HUBZone Program and ensure that nisms that the SBA uses to certify and should be better utilized. only eligible firms participate in this monitor firms provide limited assur- f crucial program. ance that only eligible firms partici- As former chair and now ranking pate in the program. It reported that MORNING BUSINESS member of the Senate Committee on more than 4,600 firms that had been in Mr. DURBIN. Mr. President, I ask Small Business and Entrepreneurship, I the program for at least 3 years went unanimous consent that the Senate have long championed critical small unmonitored. This amendment would proceed to a period of morning business business programs such as the require the SBA to develop and imple- with Senators permitted to speak for HUBZone Program, which provides ment guidance to more routinely and up to 10 minutes each. Federal contracting assistance to small consistently obtain supporting docu- The PRESIDING OFFICER. Without firms located in economically dis- mentation and conduct more frequent objection, it is so ordered. tressed areas, with the intent of stimu- site visits, as appropriate, to ensure f lating economic development and job that firms applying for certification creation. According to the GAO, as of are indeed eligible. These common- LAS VEGAS CONVENTION CENTER February 2008, 12,986 certified busi- sense, achievable steps would help to 50TH ANNIVERSARY nesses have participated in the eliminate participant fraud and mis- Mr. REID. Mr. President, 50 years HUBZone Program, since its inception representation and ensure that firms ago—April 12, 1959—the Las Vegas Con- in 1997. And in fiscal year 2007 alone, applying for HUBZone certification are vention Center opened its doors for the over 4,200 HUBZone firms obtained ap- truly lawful and eligible businesses. first time. The first event at the new proximately $8.5 billion in Federal con- In its reports, the GAO illustrates convention center was the World Con- tracts. During these troubling financial the SBA lack of a formal policy on how gress of Flight’s air and space show. times, the HUBZone Program is an es- quickly it needs to make a final deter- Attracting 7,500 attendees, this was the sential tool in helping small businesses mination on decertifying firms that first-ever international air show in drive our national economic recovery. may no longer be eligible for the American history, attracting the par- Unfortunately, the GAO recently HUBZone Program. According to the ticipation of 51 foreign nations. Origi- found in its three reports—Small Busi- GAO, of the more than 3,600 firms pro- nally 1.5 million square feet, the con- ness Administration: Additional Ac- posed for decertification in fiscal years vention center has grown over the tions Are Needed to Certify and Mon- 2006 and 2007, more than 1,400 were not years to accommodate its popularity to itor HUBZone Businesses and Assess processed within 60 days—the SBA’s a current size of 3 million square feet. Program Results, GAO–08–643; targeted timeline. As a result of these Today, the Las Vegas Convention HUBZone Program: SBA’s Control weaknesses, there is an increased risk Center is a major part of Nevada’s cul- Weaknesses Exposed the Government that ineligible firms have participated ture and a force for job creation and to Fraud and Abuse, GAO–08–964T; and in the program and had opportunities economic growth. More than 46,000 jobs HUBZone Program: SBA’s Control to receive Federal contracts based on are directly related to the meetings

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.066 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4165 and conventions industry in southern Likud leader and now Prime Minister- community. If the United States wants Nevada. Aside from the jobs directly designate Benjamin Netanyahu and nu- to lead, we must lead by example.’’ within the building, the Las Vegas merous other officials. We also visited Cochairman HASTINGS also made a Convention Center also contributes to Yad Veshem and laid a wreath in mem- presentation on his work as the Assem- the success of the dozens of small busi- ory of the millions lost in the Holo- bly’s Special Representative on Medi- nesses that serve and supply the trade caust. terranean Affairs, in particular his show industry. This includes florists, The delegation met with Palestinian travel to Morocco, Algeria, Tunisia, office supply stores, caterers and trans- Authority Prime Minister Salam Egypt and Israel—all Mediterranean portation services, just to name a few. Fayyad in East Jerusalem and Pales- Partner states—last December. He met The Las Vegas Convention Center tinian Authority Chief Negotiator with parliamentarians and senior gov- has contributed to Las Vegas growing Sa’eb Erakat in the West Bank and in ernment officials to discuss greater into the No. 1 trade show destination in each of these meetings discussed the OSCE engagement, the Middle East America. Clark County hosts more current situation in Gaza and the West peace process, regional economic co- than 22,000 meetings, conventions, and Bank, the potential for reconciliation operation, the prospects of the Union trade shows every year. The conven- between Fatah and Hamas, and how the for the Mediterranean, and the Iraqi tion center has also been home to United States can be a constructive refugee crisis. many of our Nation’s most historic partner in facilitating the peace proc- OSCE PA President Joao Soares, product announcements—including the ess. Portugal, opened the Winter Meeting VCR, the DVD player and high-defini- In Damascus, Syria, our delegation before 250 parliamentarians. The open- tion television. had a country team briefing with U.S. ing plenary was addressed by Barbara By hosting concerts by the Beatles, Embassy staff, including U.S. Charge´ Prammer, President of Austria’s Na- heavyweight fights featuring d’Affaires to Syria, Maura Connelly. tional Council; Greek Foreign Minister Muhammed Ali, events with Presidents We also held a constructive meeting Dora Bakoyannis, who chairs the OSCE Kennedy, Johnson, Ford, Reagan and with Syrian President Bashar al-Asad in 2009; French diplomat Marc Perrin Bush, the Las Vegas Convention Center and Syrian Foreign Minister Walid Al- de Brichambaut, the OSCE’s Secretary has for 50 years played a central role in Muallim, where the delegation pressed General, and by Representative JOHN the fabric of our national culture. them on the need to improve human TANNER in his capacity as President of The Las Vegas Convention Center is rights in Syria, encouraged them to as- the NATO Parliamentary Assembly. an example of private industry and sist the international community in Following the opening plenary, addi- public agencies working collabo- bringing Iran into compliance with the tional discussions were held in each of ratively for the benefit of the commu- International Atomic Energy Agency, the Assembly’s three General Commit- nity. I congratulate the Las Vegas Con- and promoted restarting peace talks tees: the First Committee, dealing with vention Center—and all those who with Israel. political affairs and security; the Sec- make it a success—on 50 outstanding The delegation paid a courtesy visit ond Committee, focusing on economic years of creating opportunity for the to the historic Omayyad Mosque as Affairs, science, technology and envi- people of Nevada and capturing the well as visited the only surviving syna- ronment; and the Third Committee, imagination of people throughout gogue in Damascus. A briefing on the which covers democracy, human rights America. Iraqi refugee situation by the United and humanitarian questions. f Nations High Commissioner for Refu- Rapporteurs and guest speakers dis- gees, UNHCR, Site Director in Damas- cussed current issues and the prospects HELSINKI COMMISSION ACTIVITIES cus was extremely informative. The for OSCE PA work in the coming year. Mr. CARDIN. Mr. President, I would delegation was particularly moved by Among the OSCE officials speaking in like to report to my colleagues on the its meeting with a group of Iraqi refu- committee were Knut Vollebaek of work of the U.S. delegation to the gees living in Syria. Their stories of Norway, the High Commissioner on Na- eighth Winter Meeting of the Par- hardship and suffering have galvanized tional Minorities; Goran Svilanovic of liamentary Assembly of the Organiza- our efforts to improve U.S. policies and Serbia, Economic and Environmental tion for Security and Cooperation in activities in support of these refugees Coordinator; Miklos Haraszti of Hun- Europe. This meeting was held on Feb- in Syria and in other surrounding gary, Representative of Free Media; ruary 19 and 20 in Vienna, Austria. countries. and Janez Lenarcic of Slovenia, Direc- Prior to attending the Winter Meeting, The delegation’s final stop was Vi- tor of the Office for Democratic Insti- the delegation traveled to Israel and enna for the Winter Meeting. During tutions and Human Rights. Syria to ascertain the prospects for the the first day of the meeting, our dele- Every member of the U.S. delegation Middle East peace process at this crit- gation was joined by a delegation led was active throughout the committee ical time. by Representative JOHN TANNER that sessions. In the First Committee, Rep- I had the honor to lead this delega- attended a meeting of the NATO Par- resentative MCINTYRE reported on the tion as chairman of the Commission on liamentary Assembly in Brussels ear- delegation’s visit to Israel and Syria, Security and Cooperation in Europe, lier in the week. and Represenative MOORE called atten- better known as the Helsinki Commis- A meeting of the Standing Com- tion to the plight of children in armed sion. mittee, composed of the officers and conflict and especially their use as Joining me as delegation leader in heads of delegation to the OSCE PA, child soldiers around the globe. In the Vienna was my Helsinki Commission took place prior to the formal opening. Second Committee, Senator UDALL dis- Cochair, Representative ALCEE L. As an OSCE PA vice president, I re- cussed the new prospects for U.S. en- HASTINGS. Three Senate colleagues on ported on the latest efforts of the gagement with Europe on climate the Commission—Senator ROGER WICK- Obama administration to close Guanta- change, and Senator WHITEHOUSE ER, Senator SHELDON WHITEHOUSE, and namo Bay as a detention facility, an called for greater transparency regard- Senator TOM UDALL—also joined the issue of continued concern in the As- ing extractive industries, where cor- delegation for the entire trip, as did sembly. Our efforts in recent years to ruption limits economic progress in de- fellow Commission member Represent- be responsive to criticism of U.S. per- veloping countries. Senator WICKER re- ative MIKE MCINTYRE. Although not a formance have been well received and sponded to criticisms of the United member of the Helsinki Commission, provide a stronger basis for us to raise States related to the economic crisis Representative GWEN MOORE also concern about the human rights per- and pushed back against calls for joined the delegation. formance of other countries. In addi- greater trade protectionism. In the The delegation first visited Israel. tion to detailing the specific policy Third Committee, Senator WICKER Our arrival came 3 days after that changes already announced by the stressed the continued need to focus on country’s parliamentary elections and Obama administration, I expressed religious freedom, which is threatened in the aftermath of the events in Gaza. hope that ‘‘these measures will help rein many countries of the OSCE region, We met with Israeli President Shimon store faith in the United States as a while Cochairman HASTINGS explained Peres, Prime Minister Ehud Olmert, friend, ally and leader in the global the OSCE Parliamentary Assembly’s

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.053 S01APPT1 smartinez on PROD1PC64 with SENATE S4166 CONGRESSIONAL RECORD — SENATE April 1, 2009 important contribution to election ob- Immediately upon arrival in very little money left after driving to work servation in the region. Bratislava, I had a substantive and and paying rent and insurance, to buy food. The Winter Meeting traditionally in- lengthy discussion with Foreign Min- After everything is all paid for, I do not have cludes a plenary debate on issues that ister Miroslav Lajcˇa´ k. As the Minister any money to stash away for a rainy day. However, Senator Crapo and others are let- are particularly relevant and timely. had taken office just 2 weeks prior to ting us down and trying to give us simple an- This year, the debate focused on a pro- our arrival, I had the privilege of being swers. I have spent countless hours research- posal by Russian President Dmitri the first Member of Congress to meet ing alternative technologies for transpor- Medvedev and supported by French with him in this capacity. Our wide- tation as well as power. Senator Crapo and President Nicolas Sarkozy for a new ranging discussion touched on the glob- our other elected officials want to tell us the European security architecture. Rus- al economic crisis, the Middle East simple way is to drill for more oil, According sian Deputy Foreign Minister Alex- peace process, the situation in the Bal- to government scientists, drilling in ANWR ander Grushko and senior French For- will not actually have an impact for five kans—the Minister was recently the years if we started drilling tomorrow, and it eign Ministry official Veronique Bujon- EU Special Representative for Bosnia would only lower gas prices by 1 cent and Barre made opening presentations. and Herzegovina—anti-Semitism, and make no mistake when they say domestic Senators WHITEHOUSE, WICKER, and I the plight of Slovakia’s Roma popu- drilling this is what they mean. They want each spoke in the debate. We stressed lation. to open more nuclear power plants but no- the need to maintain a comprehensive Following that meeting, Keith body wants to take the nuclear waste and definition of security to include re- Eddins, the U.S. Charge´ d’Affaires, Senator Crapo has no problem leaving it in spect for human rights and commit- hosted a lunch with leading academics Idaho for us to deal with the nuclear waste of the world!!!!! And Senator Crapo has no ment to democratic governance and, and NGO leaders to discuss current plans for the waste!! Search the MYT engine; while not opposing further work, de- events in Slovakia and the state of it is a great new technology that just dis- fended the NATO Alliance which some U.S.-Slovak relations. After lunch, I appeared because oil companies do not want believe the Russian proposal intends to met with the chief rabbi and the lay that technology out there. Our elected offi- undercut. There was also considerable leadership of Slovakia’s Jewish com- cials are not working for us and they are criticism of Russia’s actions against munity. Finally, before heading back stuck in the mindset of oil as the only alter- neighboring Georgia in 2008, with con- to Vienna, I met with a cross-section of native. I demand and so should you that NASA stops wasting our money going to siderable opposition to any attempt to Slovakia’s Roma community. As Eu- Mars and INL stops wasting money studying legitimize this action in any new secu- rope’s largest ethnic minority group, nuclear power and works on a way to make rity talks. the Roma have been victims of some of solar power and wind power more efficient. As the Winter Meeting came to a postwar Europe’s greatest discrimina- Solar thermal is a new type of solar power close, Representative MOORE took the tion. Congress’s attention to issues of that is more efficient than solar panels and floor during debate on gender issues to importance to this community has produces more electricity, Wind power is announce her intention to introduce a been inadequate in the past, but I hope great and I see more windmills going up all resolution on the issue of maternal around Idaho. The truth is the technology to see that change in the future. and the know how are out there, but our mortality, calling for action to reduce The U.S. House and Senate should elected officials are stuck in the mindset of the number of women around the world both take great pride in the unique oil, coal, and nuclear and not willing to look and especially in developing countries ability of the Helsinki Commission to at alternatives; demand that they think out- who die due to the lack of medical care represent the views and values of our side the box. in response to complications associated country abroad, something which I, as STEVEN. with pregnancy and childbirth. A chairman, intend to continue at future I appreciate your emails and asking how Greek presentation on piracy as a new OSCE Parliamentary Assembly gath- the energy problem is affecting me and my security threat and presentations on erings, including the Annual Session family. I also hope you still have your integ- Kazakhstan’s preparations to chair the which convenes in Vilnius, Lithuania, rity and that you honestly do what is right OSCE in 2010, rounded out the closing in June and July of this year. for America. In the 1990s, you were my issues of the meeting. f Aunt’s attorney in fixing her estate before In addition to the sessions of the and after she died. She was very impressed Winter Meeting, the congressional del- IDAHOANS SPEAK OUT ON HIGH with you and thought you were an honest egation was briefed by the OSCE Par- ENERGY PRICES man. Please do not let us down. I am a retired/disabled police officer. I am liamentary Assembly Secretary Gen- Mr. CRAPO. Mr. President, in mid- on an income that is pretty much fixed, but eral, Spencer Oliver of the United June, I asked Idahoans to share with my wife is still working though she is 66 States, and by the Charge´ d’Affaires of me how high energy prices are affect- years old, and we are both on Medicare and the U.S. Mission to the OSCE, Kyle ing their lives, and they responded by Medicare Part D. I also take care of my 82- Scott. The delegation had bilateral ses- the hundreds. The stories, numbering year-old father who lives 30 miles from me sions with OSCE Chair-in-Office well over 1,200, are heartbreaking and and he is also on a fixed income. I have to Bakoyannis and numerous OSCE offi- touching. While energy prices have drive that distance two to three times a week to take care of him. We have a small cials. dropped in recent weeks, the concerns car, but the prices are getting unbearable. The U.S. delegation also held a expressed remain very relevant. To re- We have cut back on most trips to the store lengthy bilateral session with the Rus- spect the efforts of those who took the and to take care of my dad. We are still sian delegation, during which dialogue opportunity to share their thoughts, I doing okay, but the fear of the unknown between the U.S. Congress and the Rus- am submitting every e-mail sent to me grows constantly within us. I wish Congress sian Duma, among other issues, was through an address set up specifically would get off feeling animals (e.g., caribou) discussed. While we do not agree on for this purpose to the CONGRESSIONAL are more important than people. The environmental thing has just gone too far. I be- many issues, we did firmly agree on the RECORD. This is not an issue that will lieve in taking care of the things that God importance of continued dialogue. be easily resolved, but it is one that de- has charged us with, but the citizens of this By all accounts, the Winter Meeting serves immediate and serious atten- country are important, too. was 2 days of robust debate, and the tion, and Idahoans deserve to be heard. We are constantly fearful of Congress U.S. Delegation was an active part of Their stories not only detail their doing away with Medicare and Medicare Part that debate, engaging European friends struggles to meet everyday expenses, D. Please do the right thing and make this and allies on a variety of issues of im- but also have suggestions and rec- country something proud to live in again. CLIFF. portance to the United States. I want ommendations as to what Congress can to thank my colleagues for the active do now to tackle this problem and find Many changes have come about in our life participation throughout the trip. solutions that last beyond today. I ask as a result of the high gas prices. At the invitation of the Government unanimous consent to have today’s let- 1. Our planned 7,000 mile summer trip with of Slovakia, I traveled the very short ters printed in the RECORD. our grandchildren has been scaled back to distance from Vienna to Slovakia’s There being no objection, the mate- 500 miles. capital, Bratislava. My other col- 2. We do not eat out, and non-essential rial was ordered to be printed in the foods have been cut from our food budget. leagues remained in Vienna actively RECORD, as follows: 3. We must combine our shopping trips to engaged in the work of the assembly Fellow Idahoans, the high cost of gas is the mall, grocery stores, library, doctor ap- discussed above. taking its toll on my family as well. I have pointments etc. in order to conserve.

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.003 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4167 4. Our fixed income budget demands that eryday person that needs those types of vehi- sult was an overall decrease in power con- we limit family birthday and special occa- cles, not just those in the higher income sumption by the entire city of over 30%. sion gifts. brackets. Possibly offer higher reimburse- The power company took note of that im- 5. We never drive our 2005 diesel powered ment consideration at tax time for mileage mediately. AEL&P (the power company) had pickup—it costs over $200 to fill the tank—no usage. (i.e.; instead of 46.5 cents per mile, it originally planned on taking three months money for that. may need to be 60 cents per mile) to complete the repairs. That would have re- 6. We are grateful that we can grow a gar- Please, find a way for us to be able to consulted in the 500% cost increase to last den and that we have economical public tinue to keep our jobs, buy our groceries, twelve months. Instead, in large part due to transportation that is available to use in have the occasional vacation, and to provide the drastic decrease in energy consumption, getting to some locations in our city. services to those in need. AEL&P decided it would be in their best in- 7. Retirement, which was quite com- AJ. terest to return things back to normal fortable for several years, is no longer com- ASAP. The repairs were made in one month fortable—we must watch every penny. I wrote an email to you recently about the with the increase lasting only three months. Thank you for allowing us to vent. We effects of the energy crisis. My son, living in Guess what? Even though our supply is back, must go after the resources within our bor- Alaska, has a different perspective that is people took note and are still working to ders and become energy independent! well taken. Please consider his position, ex- conserve. At first everyone panicked, and JACK and PATRICIA, Pocatello. plained in his e-mail below. felt that it was a hopeless situation. Some of CHERYL. the meter readers even got beat up by the I e-mailed John Boehner and Bill Sali re- residents of the metered houses they read. I have a different view of the gas ‘‘crisis.’’ garding the idea of a new contract with Those idiots are still addicted to their lazy I personally am glad that gas prices are in- America. I think we need it badly. I rec- way of life, and are the ones who are asking creasing and oppose any type of increased ommend it be called ‘‘The Freedom Contract the government for help to pay their power harvest of fossil fuels in Alaska. There is a with America.’’ Specifically, it could contain bills. Those who were not resistant to change large amount of stored energy beneath the the following: are now on to a better, freer way of life. We soil in Alaska but it is finite. Once it is used (1) Freedom from foreign oil and high gas do have a choice. That is the American way. and diesel prices—bring up a vote for the . . . it is just that. The locations of the pro- In my opinion it is no different than the posed drill sites in Alaska are remote. Of ‘‘All of the Above’’ energy bill of the Repub- message taught by the church in its admoni- course the infrastructure to support the har- licans. tion to store food and supplies. The Boy vest can easily be constructed but who will (2) Freedom from high taxes—bring up a Scout motto is ‘‘Be Prepared.’’ I personally pay for that? We will. I think in today’s vote to make the tax cuts of 2003 permanent. think we should take it to heart and be pre- economy it is unrealistic to ever expect (3) Freedom from any more illegal immi- pared for anything. I for one do not want to much of a decrease in gas prices. The oil gration—draft, debate, and vote on a plan to be dependent on anyone . . . especially a for companies are not going to ever give up their complete the securing of our borders and profit corporation that makes billions of dol- profits for the benefit of the general public, deal with the existing illegal immigrants in lars in profit each quarter. this country. regardless of where they drill. It is like a In Alaska, the oil and mining industries That is it. Three items that would resonate drug dealer luring his addicts in little by lit- lobby Native American villages and corpora- with the American public. Pledge to bring tle. Pretty soon we are hooked and feel that tions (which own the land) to support their these up for a vote in the first 100 days if a we cannot survive without it. We as the cause. They pay poor communities big bucks Republican majority is elected to Congress. American public like the addict have become to have their citizens do TV and radio spots The left-wing media and the Democrats lazy and see no way to survive without ‘‘get- in support of the company’s agenda. They would mock it and call it desperation. It ting more.’’ In rehab they used the old capitalize on the poverty of the people to ´ does not matter. Take a risk. What do we cliche, ‘‘Insanity is continually doing the help them sell their cause, all in the effort of have to lose? same thing and expecting different results.’’ making another dollar. I guess it could be Anyway, I just wanted to mention to you We the consumer, like the drug addict, have seen as an even trade until the resource is this thought. the power to change our present situation. used up, the people who have been dependent DAVID. God has blessed us with the faculties to on the money from that resource abandoned adapt to change and develop solutions to our and the executives of the oil company sitting You asked for stories on how high gas problems. The recent energy crisis in Juneau on top of a fat fortune. prices are affecting people’s lives. I provide is a good example. I do not mind paying more money for gaso- occupational therapy home health services In May, an avalanche destroyed the power line right now because I see it as a catalyst to children with behavioral, cognitive, sen- line responsible for transporting electrical for change. I can choose whether or not to sory, and/or physical impairments that af- power from a hydro-electric power plant to purchase the gas. I live about 15 miles from fect the development of skills for functional Juneau. Diesel generators were used to work. It takes me just under an hour to ride living. I live in southeast Idaho, and we have produce energy for the city of over 30,000 my mountain bike one way. I get fit, have a shortage of therapists. These high prices people while repairs could be made. The time to think, breath fresh clean air, and do are affecting how many clients and which power company announced that the cost of not use gasoline. FYI . . . gas just hit 4.75 clients I can see. I tend to see the clients in repairs would result in an increase to the here and is expected to top $5.00 by the end the more rural or hard to get areas. I now consumer of 500% per kilowatt hour. Neither of the week. They’re telling us that Sep- pay $250–$350 a month in gas, and only see business nor resident had ever planned on tember will be even worse with prices top- that going up. This is going to affect wheth- such a drastic and sudden increase. What ping $6.00. er some families receive the services they so were we to do? What we did was listen to I live in Alaska. We have the greatest desperately need. It may end up being that people who had studied and prepared for such stores of fossil fuels in the country. We also only those close to town get services. things. Most had previously been touted as, pay more to use those fuels than most places We have been spoiled as a nation to con- ‘‘extreme left wing environmentalists.’’ in the country. I am not at all in favor of sume, consume, throw away, and use more However, now their experience, ingenuity, harvesting the natural resources here, and energy that affects global warming than all advice, and insight was publicized in local defacing the last unspoiled place in our coun- the other nations put together. They are newspapers and radio shows. Flyers were try to foster the laziness of the rest of the used to paying higher rates, we are not. I un- sent out in the mail with suggestions on how country. Forget about gas prices. Buy a bike, derstand that; I just want it to somehow be to go about daily life while drastically cut- turn off the television, work in the garden, affordable. I do not want to have to change ting power consumption. What happened in do more manual labor. Supply meets de- jobs as I love the one I have! I do not think the face of financial disaster? We listened, mand. Demand less and the supply will be the idea of adding a tax will help as the oil took the direction and embraced change. It greater. Produce more the demand will con- companies will just pass that on to us, the was extremely difficult at first, and some- tinue to increase . . . just like dope. consumers. I think they do need to pay their what bizarre. Million dollar homes had This is just my opinion. I wish all of you full income tax (especially since they have clothes drying on lines in the front yard. could experience Alaska. Not the cruise ship, been making billions). Nor do I think drill- Grocery stores and businesses turned off the guided hunt/fishing trip Alaska. Come spend ing in the Arctic refuge areas is the answer lights and the neon signs that line the some quiet time with me in the woods where either—(I would rather use someone else’s oil streets. People stopped watching televisions you know that when you walk five miles into as long as possible). I think the answer is in in the evening. We took either fewer showers the brush, you will not come across another energy alternatives. Electric cars/solar cars or cold ones to eliminate the need for water soul walking upright on two legs. I hope this have been around since the 1960s—however heaters. Meals were prepared for ahead of letter did not offend any of you. I will not oil and big money kept the companies from time and planned so that the use of ovens apologize for my feelings but hope I have re- further developing those as a priority. Well, and microwaves decreased. We bought fewer mained tactful in expressing them. the time is now. Develop incentives and cash groceries to eliminate the need for a second SHANE. breaks for people to buy, try, or rent elec- refrigerator. We used blankets rather than tric, solar, or hybrid type of vehicles. These run the electric furnace. I wore my clothes You requested a couple of paragraphs need to be developed and made available to to 3 and 4 times before washing, unless they about how we are affected by high energy consumers at reasonable rates. It is the ev- became soiled to an unsightly point. The re- prices so I am responding. My husband and I

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.047 S01APPT1 smartinez on PROD1PC64 with SENATE S4168 CONGRESSIONAL RECORD — SENATE April 1, 2009 retired to Kamiah in 1991. We really liked prices from going up any more so we as Terry, MT—this year’s winner of the the small community and being close to out- Americans can make it. So please help us. National Disaster Response Prepared- door activities. Since then, our property FELICIA. ness Award from the American Red taxes have tripled. The town is now consid- f Cross. Tessa is from Terry, a small ered a retirement community (according to our insurance company), so car insurance ADDITIONAL STATEMENTS town in eastern Montana. has gone up. Every time our Social Security In Montana, we are proud of our open gets a cost of living raise, then Medicare spaces, of our outdoor heritage and our takes most of it. COMMENDING KAMEHAMEHA rural landscape. We didn’t get the title If we need to buy some reasonably priced SCHOOLS—HAWAII ‘‘Big Sky Country’’ by filling our land clothing or other items, we have to drive 70 with skyscrapers or high rises or by- miles (one way) to Lewiston. So, it is costing ∑ Mr. AKAKA. Mr. President, I con- ways. We are hard working, quiet peo- us $20 plus to go shopping for necessities. gratulate the Kamehameha Schools— ple with the grit to build our lives on Yes, there are towns approximately 30 miles, Hawaii Athletic Department and some of the most beautiful and rugged but on a fixed income the price of clothing coaching staff for winning the Positive land on Earth. We are Montanans. and other essentials prevents us from shop- Coaching Alliance’s, PCA, coveted Hon- Of course, living in Montana’s rural ping in these towns. The gas stations in this oring the Game Award of 2009. The mis- town have finally settled down to the na- communities can create some chal- tional average, but they were charging 10 sion of the PCA is to foster a ‘‘positive, lenges. For folks in places like Ismay cents higher than the national average. character-building youth sports envi- or Brockaway, when disaster strikes, We can no longer afford to go to Lewiston ronment.’’ The award goes to schools the nearest help may be miles away. for a nice dinner to celebrate a birthday or or organizations serving athletes of And that is where Tessa Shumway special occasion. I do hope you can do some- high school age or younger that em- comes in. Tessa is the face of the Red thing. If nothing else, make sure that Social body PCA principles in using sports to Cross across 10 counties in eastern Security gives us a cost of living raise at the teach life lessons. Honoring the Game Montana. Her territory is larger than start of next year that includes the high Award winners will be recognized at the entire State of Indiana. price of gas and groceries, and that Medicare the Eighth Annual National Youth She is on call 24 hours a day, every does not take it away. MARILYN. Sports Awards Ceremony at Stanford day of the week. She is the local dis- University’s Maples Pavilion on April aster chair, disaster instructor, pre- The high cost of energy has made me real- 24, 2009. This year Kamehameha was paredness trainer, volunteer recruiter ize that the problems will not be solved by one of three schools selected to receive and statewide disaster committee co- the government. This national crisis has this award and the only school noted chair. In addition to all this, Tessa been identified as coming for 30 years with for multiple sports programs. holds a regular day job as a bartender little or nothing to fix it, and most of the I wish to acknowledge Kamehameha at the American Legion in Terry. time laws are passed that aggravate the en- Schools—Hawaii’s vision, commitment, Tessa received the Disaster Response ergy problem. and diligent efforts to create and up- Preparedness Award not only for her Homeowner associations prevent modifica- years spent helping the folks of eastern tions to homes in developments to add solar hold a positive athletic environment or wing energy generation appliances to for its students, coaches, and fans. Ka- Montana, but also for the new volun- ‘‘preserve property values’’. New housing de- mehameha is the first PCA-partnered teers and Red Cross workers she has velopment companies disregard plot align- school in the State of Hawaii, and it re- trained. It is impossible to know how ment that prompt use of solar energy. Every quires all leaders, coaches, parents, and many lives she has touched, how many few developers build homes this smart home students who want to participate in people she has helped, simply by pass- technology installed that has been available the school’s athletics programs to ating her knowledge on to others. for 20 years. The added cost of smart home tend PCA workshops to be eligible. Ad- I would like to congratulate Tessa, technology would be a tiny fraction of an her husband Zane and two children, added cost at construction time and a major ditionally, it has integrated the school principle of pu’uhonua—sanctuary— Josh and Katrina—as well as the folks cost to retrofit but would pay back in 5 years of Terry, who have a true hero in their or less in energy savings when utilized. ‘‘Pas- into the 22-sport athletics program, en- sive Annual Heat Storage’’ is a technology suring appropriate behavior toward ref- community. March of 2009 was a difficult month that would have a major impact on energy erees and other visitors. I wish to ac- for Montanans. Several tragedies shook savings but will never see any support be- knowledge all members of the Kameha- our State, from a deadly explosion in cause it leaves the money saved in the pock- meha Schools—Hawaii Athletic De- et of the homeowner and does not go to some Bozeman to the tragic plane crash in partment on their noteworthy accom- alternate energy conglomerate. Butte. Montana’s Red Cross stepped up I have personally drawn a circle on the plishment. I wish to give special rec- to help folks recover and rebuild. Tessa map around my house and anything within ognition to athletic director Bob Wag- herself was on hand to help victims of one mile I walk to. Anything within three ner, headmaster Stan Fortuna, and the fire in Miles City and find shelter miles I bicycle to and if I have to drive I plan school principal Ninia Aldrich. for folks displaced by dangerous winter at least three stops or I wait until I have However, this sort of large scale ef- storms. three stops. Any family member that do fort cannot be done without the co- have to drive are hunting for jobs closer to I believe service is one of the most operation and support of all of the stu- honorable things a person can do. home and we phone relay to have any one dent-athletes and their families. I com- going by a store pick up thing needed so a Whether it is service to one’s commu- trip home from work can pick up for a num- mend the entire Kamehameha nity, State or country—service is the ber of family member. Schools—Hawaii community for their most noble of all human endeavors. PERRY. initiative and understanding in estab- That is why I would like to recognize lishing the high level of sportsmanship Tessa Shumway as a Montana hero—a I am writing you this e-mail because of the and respect that has earned this award. woman who has given so much of her- gas prices. I am a single mom of three boys, I encourage these coaches and stu- and I work a full time job. These three or self to her neighbors and to the people dents to continue their dedication to of our State. We are lucky to have her four years I have not had to get help from teamwork, character-building and posi- the state and was able to make it on my own under the Big Sky and I am proud to without the help from the state. But now tivity that helps the young athletes of call her a fellow Montanan.∑ today become the model citizens of to- that the gas prices keep going up I might f have to get that help again, just to be able morrow. I wish nothing but the best for to feed my boys. Life right now is getting the students, their families, and their TRIBUTE TO PATRICK J. too hard when I have to my choice of making coaches and wish them and the athletic FINNERAN JR. sure that I can provide the food for my boys program continued success in future ∑ Mr. BOND. Mr. President, I wish to or put gas in my car. So that I can get to endeavors.∑ honor a fine Missourian, Patrick J. work every day and it has been hard. Plus I think that these gas prices are wrong for the f Finneran, Jr., for his distinguished career as well as his record of community amount we are having to pay, but if we do TRIBUTE TO TESSA SHUMWAY not pay that amount then we do not have a activism. jobs and no money to buy food and etc. ∑ Mr. BAUCUS. Mr. President, I would In 1967, Pat graduated from the Uni- Something needs to be done and stop the gas like to recognize Tessa Shumway of versity of Notre Dame, where he was

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.049 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4169 an ROTC cadet. Upon graduation he sive values and our national security sence, her second job. Ms. Bowie works was commissioned a second lieutenant were most threatened by the forces of fulltime for a local trucking company, in the U.S. Marines and reported to the radical Islamic extremism. He became and operates Enchantment Weddings Officers Basic School. Following suc- an eloquent and effective advocate in during evenings and weekends. Ms. cessful completion of naval flight offi- winning the war on terror and defend- Bowie’s commitment to her business is cer training, Pat was ordered to Viet- ing our values and country. remarkable, and her passion for mak- nam for combat duty with the First Some said Ron Silver changed his po- ing a difference in the lives of the hun- Marine Air Wing. litical orientation. In reality, he was dreds of thousands suffering with this Having served his country honorably, entirely consistent in his belief that we disease is nothing short of inspiring. Pat departed from the U.S. Marine can never be complacent when the val- Mr. President, too many women and Corps in 1987, with the rank of lieuten- ues we cherish are under attack wheth- men will find out this year that they ant colonel. Though leaving the mili- er at home or abroad. have breast cancer. But fortunately for tary, Pat remained involved in na- Although Ron had political dif- them, our country has people like Ellie tional defense. He joined the McDon- ferences with some of his old friends, it Bowie, who will ensure that America’s nell Douglas Corporation, which even- rarely affected their friendships. He un- greatest strengths—its benevolent na- tually became the Boeing Company, as derstood that people of good faith ture and kindhearted spirit—never manager of business development for could have political differences and fade. I thank Ms. Bowie for her the AV–8 Harrier Program and later still get along. That dynamic is re- thoughtful, creative, and compas- rose to become the president of flected in some of the tributes that I sionate efforts, and wish her and her Boeing’s Support Systems Division, In- have included at the conclusion of my business the best of success.∑ tegrated Defense Systems. remarks. We can all learn from Ron’s f Aside from his professional career, example. Pat has served the State of Missouri Ron Silver was a passionate patriot MESSAGE FROM THE HOUSE and the Nation as a respected citizen. who entertained us, moved us and At 12:56 p.m., a message from the His love of country has shown itself in made us think. My prayers and wishes House of Representatives, delivered by Pat’s two sons, one a Marine Corps are with his family and many friends. Ms. Niland, one of its reading clerks, major and another with the Alcohol, He was an original and will be sorely announced that the House has passed Tobacco and Firearms agency. missed.∑ the following bills, in which it requests Pat will retire from Boeing on April f the concurrence of the Senate: 1 of this year. From his honorable serv- H.R. 151. An act to establish the Daniel HONORING ENCHANTMENT ice as a lieutenant colonel in the U.S. Webster Congressional Clerkship Program. WEDDING SERVICES Marine Corps to his current post with H.R. 577. An act to establish a grant pro- the Boeing Company, Patrick ∑ Ms. SNOWE. Mr. President, today I gram to provide vision care to children, and for other purposes. Finneran, Jr. has always worked to in- wish to recognize Enchantment Wed- ding Services, a small business in my H.R. 838. An act to provide for the convey- spire those around him with a sense of ance of a parcel of land held by the Bureau duty and pride in their country. home State of Maine that is led by an of Prisons of the Department of Justice in I thank Pat and his family for their innovative and caring entrepreneur Miami Dade County, Florida, to facilitate service to our Nation, and I wish them who is using her talents to lighten the the construction of a new educational facil- all the best in their future endeavors.∑ burden for those struggling with breast ity that includes a secure parking area for the Bureau of Prisons, and for other pur- f cancer. Enchantment Wedding Services is poses. REMEMBERING RON SILVER the brainchild of Ellie Bowie, a notary H.R. 985. An act to maintain the free flow ∑ Mr. LIEBERMAN. Mr. President, on public who has been officiating wed- of information to the public by providing conditions for the federally compelled disclo- March 18, the lights were dimmed by ding ceremonies for over a decade. She sure of information by certain persons con- theatres on Broadway in tribute to a recently opened a shop on Main Street nected with the news media. talented actor and a passionate pain Lisbon Falls, where she began sell- H.R. 1029. An act to amend the Immigra- triot. Ron Silver’s life was cut short by ing wedding gowns, in addition to offer- tion and Nationality Act and title 18, United cancer and, as a result, America lost an ing wedding services. Aside from its States Code, to combat the crime of alien individual who was not just a mar- dresses, Enchantment Weddings sells smuggling and related activities, and for velous entertainer, but an engaged and tiaras, gloves, and veils, and Ms. Bowie other purposes. H.R. 1253. An act to require that limita- active citizen. hopes to soon carry bridesmaid dresses tions and restrictions on coverage under I was proud and privileged to call at her shop. Enchantment Weddings group health plans be timely disclosed to Ron Silver my friend. Everyone who purchases both new and vintage wed- group health plan sponsors and timely com- knew Ron was impressed by his intel- ding gowns from the Making Memories municated to participants and beneficiaries ligence, his humor, and his passion. He Foundation, a group that focuses on under such plans in a form that is easily un- was not the distant celebrity, but rath- granting the wishes of terminal breast derstandable. er he was a man of humility who pos- cancer patients, as well as providing H.R. 1259. An act to amend the Federal sessed great talent. education about the disease and re- Food, Drug, and Cosmetic Act with respect to the distribution of the drug Ron’s acting ability was recognized sources available to these patients. The dextromethorphan, and for other purposes. in 1988 when he won a Tony Award for dresses are all elegant Victorian or Ed- H.R. 1299. An act to make technical correc- his performance in the play ‘‘Speed- wardian styles, many of which were do- tions to the laws affecting certain adminis- the-Plow.’’ He was known to millions nated to the organization by high-end trative authorities of the United States Cap- of Americans for his roles on television bridal boutiques nationwide. itol Police, and for other purposes. in ‘‘Rhoda’’ and more recently as the Committed to helping the Making The message also announced that the political operative in the ‘‘West Wing.’’ Memories Foundation in its efforts, House has agreed to the following con- Ron’s had a deep and abiding love for Ms. Bowie returns 5 percent of the current resolution, in which it requests America. He took the responsibilities price of each gown’s sale to the Brides the concurrence of the Senate: of citizenship very seriously and he was Against Breast Cancer program, an ini- H. Con. Res. 54. Concurrent resolution per- active in the public square. Ron was tiative of the Making Memories Foun- mitting the use of the Rotunda of the Cap- one of the cofounders of the Creative dation that raises money to help breast itol for a ceremony as part of the commemo- Coalition that advocated for support cancer patients and their families. She ration of the days of remembrance of victims for the arts. As Ron once said, ‘‘I’m an was inspired to engage in this partner- of the Holocaust. actor by calling but an activist by in- ship by her grandmother, a breast can- The message further announced that clination.’’ cer survivor who lived to be 96, as well pursuant to section 13101 of Public Law I believe that Ron was a political lib- as a close friend’s mother who is fight- 111–5, and the order of the House of eral in the best and truest sense of the ing the disease. January 6, 2009, the Republican Leader term. In the aftermath of the 9/11 at- What makes Ms. Bowie’s business all appoints the following member on the tack, Ron recognized that our progres- the more impressive is that it is, in es- part of the House of Representatives to

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.004 S01APPT1 smartinez on PROD1PC64 with SENATE S4170 CONGRESSIONAL RECORD — SENATE April 1, 2009 the HIT Policy Committee: Mrs. Gayle By Mr. LEVIN for the Committee on the Senate and appeared in the Congres- Harrell of Stuart, Florida. Armed Services. sional Record on February 23, 2009. The message also announced that *James N. Miller, Jr., of Virginia, to be Air Force nominations beginning with pursuant to 10 U.S.C. 6968(a), and the Deputy Under Secretary of Defense for Pol- Ariel O. Acebal and ending with Steven M. order of the House of January 6, 2009, icy. Zubowicz, which nominations were received *Alexander Vershbow, of the District of Co- by the Senate and appeared in the Congres- the Speaker appoints the following lumbia, to be an Assistant Secretary of De- sional Record on February 23, 2009. Members of the House of Representa- fense. Air Force nomination of Jonathon V. tives to the Board of Visitors to the *Ashton B. Carter, of Massachusetts, to be Lammers, to be Lieutenant Colonel. United States Naval Academy: Mr. Under Secretary of Defense for Acquisition, Air Force nominations beginning with RUPPERSBERGER of Maryland, Mr. Technology, and Logistics. Gary A. Foskey and ending with Connie L. CUMMINGS of Maryland, Mr. KLINE of Air Force nomination of Maj. Gen. Michael Warr, which nominations were received by Minnesota, and Mr. FRELINGHUYSEN of C. Gould, to be Lieutenant General. the Senate and appeared in the Congres- New Jersey. Air Force nomination of Col. Debra A. sional Record on February 25, 2009. Scullary, to be Brigadier General. Air Force nominations beginning with f Air Force nominations beginning with Bryson D. Borg and ending with Dexter W. MEASURES REFERRED Brigadier General Roger A. Binder and end- Love, which nominations were received by ing with Brigadier General Paul M. Van the Senate and appeared in the Congres- The following bills were read the first Sickle, which nominations were received by sional Record on February 25, 2009. and the second times by unanimous the Senate and appeared in the Congres- Air Force nominations beginning with consent, and referred as indicated: sional Record on March 3, 2009. George B. Gosting and ending with Joseph S. H.R. 151. An act to establish the Daniel Air Force nominations beginning with Park, which nominations were received by Webster Congressional Clerkship Program; Colonel William B. Binger and ending with the Senate and appeared in the Congres- to the Committee on Rules and Administra- Colonel George F. Williams, which nomina- sional Record on March 10, 2009. tion. tions were received by the Senate and ap- Air Force nominations beginning with H.R. 577. An act to establish a grant pro- peared in the Congressional Record on March Richard D. Baker and ending with Gregory gram to provide vision care to children, and 3, 2009. B. York, which nominations were received by for other purposes; to the Committee on Army nomination of Brig. Gen. Vincent K. the Senate and appeared in the Congres- Health, Education, Labor, and Pensions. Brooks, to be Major General. sional Record on March 10, 2009. H.R. 838. An act to provide for the convey- Army nominations beginning with Brig. Air Force nominations beginning with Jef- ance of a parcel of land held by the Bureau Gen. James K. Gilman and ending with Brig. frey L. Andrus and ending with Rose M. of Prisons of the Department of Justice in Gen. Philip Volpe, which nominations were Wojcik, which nominations were received by Miami Dade County, Florida, to facilitate received by the Senate and appeared in the the Senate and appeared in the Congres- the construction of a new educational facil- Congressional Record on March 19, 2009. sional Record on March 10, 2009. ity that includes a secure parking area for Army nominations beginning with Col. Air Force nominations beginning with the Bureau of Prisons, and for other pur- William B. Gamble and ending with Col. Federico C. Aquino, Jr. and ending with poses; to the Committee on the Judiciary. Richard W. Thomas, which nominations were Junko Yamamoto, which nominations were H.R. 985. An act to maintain the free flow received by the Senate and appeared in the received by the Senate and appeared in the of information to the public by providing Congressional Record on March 19, 2009. Congressional Record on March 10, 2009. conditions for the federally compelled disclo- Marine Corps nominations beginning with Air Force nominations beginning with sure of information by certain persons con- Col. Paul W. Brier and ending with Col. Joselita M. Abeleda and ending with Gabriel nected with the news media; to the Com- Frans J. Coetzee, which nominations were mittee on the Judiciary. Zimmerer, which nominations were received H.R. 1029. An act to amend the Immigra- received by the Senate and appeared in the by the Senate and appeared in the Congres- tion and Nationality Act and title 18, United Congressional Record on March 3, 2009. sional Record on March 10, 2009. States Code, to combat the crime of alien Mr. LEVIN. Mr. President, for the Air Force nominations beginning with smuggling and related activities, and for Committee on Armed Services I report Thomas J. Bauer and ending with Stacey E. other purposes; to the Committee on the Ju- Zaikoski, which nominations were received favorably the following nomination by the Senate and appeared in the Congres- diciary. lists which were printed in the H.R. 1253. An act to require that limita- sional Record on March 10, 2009. tions and restrictions on coverage under RECORDS on the dates indicated, and Air Force nominations beginning with group health plans be timely disclosed to ask unanimous consent, to save the ex- Amanda J. Adams and ending with Don L. group health plan sponsors and timely com- pense of reprinting on the Executive Zust, Jr., which nominations were received municated to participants and beneficiaries Calendar that these nominations lie at by the Senate and appeared in the Congres- under such plans in a form that is easily un- the Secretary’s desk for the informa- sional Record on March 10, 2009. derstandable; to the Committee on Health, tion of Senators. Air Force nominations beginning with Xa- Education, Labor, and Pensions. vier A. Nguyen and ending with Jennifer A. H.R. 1259. An act to amend the Federal The PRESIDING OFFICER. Without Tay, which nominations were received by the Food, Drug, and Cosmetic Act with respect objection, it is so ordered. Senate and appeared in the Congressional to the distribution of the drug Air Force nomination of Kathy L. Ful- Record on March 17, 2009. dextromethorphan, and for other purposes; lerton, to be Major. Air Force nominations beginning with to the Committee on Health, Education, Air Force nominations beginning with John M. Beene II and ending with Elizaebth Labor, and Pensions. Emil B. Kabban and ending with Stephen H. N. Smith, which nominations were received H.R. 1299. An act to make technical correc- Williams, which nominations were received by the Senate and appeared in the Congres- tions to the laws affecting certain adminis- by the Senate and appeared in the Congres- sional Record on March 17, 2009. trative authorities of the United States Cap- sional Record on February 23, 2009. Air Force nomination of Ryan G. McPher- itol Police, and for other purposes; to the Air Force nominations beginning with son, to be Major. Committee on Rules and Administration. Brian D. Anderson and ending with Margaret Air Force nomination of Mark J. Ivey, to f M. Walsh, which nominations were received be Colonel. by the Senate and appeared in the Congres- Air Force nominations beginning with MEASURES DISCHARGED sional Record on February 23, 2009. Christopher B. Bennett and ending with The following bill was discharged Air Force nominations beginning with David J. Western, which nominations were from the Committee on the Judiciary Mark T. Allison and ending with Philip T. received by the Senate and appeared in the by unanimous consent, and referred as Wold, which nominations were received by Congressional Record on March 25, 2009. indicated. the Senate and appeared in the Congres- Army nomination of Peter C. Gould, to be sional Record on February 23, 2009. Colonel. S. 718. A bill to amend the Legal Services Air Force nominations beginning with Army nomination of Garrett S. Yee, to be Corporation Act to meet special needs of eli- Tina M. Barbermatthew and ending with Colonel. gible clients, provide for technology grants, Regan J. Patrick, which nominations were Army nominations beginning with Roy L. improve corporate practices of the Legal received by the Senate and appeared in the Bourne and ending with Stanley W. Sheftall, Services Corporation, and for other purposes; Congressional Record on February 23, 2009. which nominations were received by the Sen- to the Committee on Health, Education, Air Force nominations beginning with Labor, and Pensions. ate and appeared in the Congressional James J. Baldock IV and ending with Brenda Record on February 23, 2009. f L. Yi, which nominations were received by Army nomination of Frank Rodriguez, Jr., EXECUTIVE REPORTS OF the Senate and appeared in the Congres- to be Colonel. COMMITTEES sional Record on February 23, 2009. Army nomination of Edward E. Turski, to Air Force nominations beginning with Lisa be Colonel. The following executive reports of L. Adams and ending with Richard J. Army nomination of Joseph R. Krupa, to nominations were submitted: Zavadil, which nominations were received by be Major.

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.053 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4171 Army nomination of Kathleen P. Naiman, Army nomination of Victor J. Torres- By Mr. LIEBERMAN for the Committee on to be Major. Fernandez, to be Major. Homeland Security and Governmental Af- Army nominations beginning with Juan G. Army nominations beginning with Joseph fairs. Esteva and ending with Thomas E. Starr, Angerer and ending with Matthew J. *Jane Holl Lute, of New York, to be Dep- which nominations were received by the Sen- Yandura, which nominations were received uty Secretary of Homeland Security. ate and appeared in the Congressional by the Senate and appeared in the Congres- *John Berry, of the District of Columbia, Record on February 25, 2009. sional Record on March 25, 2009. to be Director of the Office of Personnel Army nominations beginning with Robert Army nominations beginning with Ted R. Management for a term of four years. F. Donnelly and ending with Angelica Reyes, Bates and ending with Peter M. Menicucci, By Ms. LANDRIEU for the Committee on which nominations were received by the Sen- which nominations were received by the Sen- Small Business and Entrepreneurship. ate and appeared in the Congressional ate and appeared in the Congressional *Karen Gordon Mills, of Maine, to be Ad- Record on February 25, 2009. Record on March 25, 2009. ministrator of the Small Business Adminis- Army nominations beginning with Richard Army nominations beginning with John M. tration. H. Dahlman and ending with David A. Stills, Diaz and ending with Lavore L. Richmond, *Nomination was reported with rec- which nominations were received by the Sen- Jr., which nominations were received by the ommendation that it be confirmed sub- ate and appeared in the Congressional Senate and appeared in the Congressional ject to the nominee’s commitment to Record on February 25, 2009. Record on March 25, 2009. Army nominations beginning with Julie S. Army nominations beginning with Luisa respond to requests to appear and tes- Akiyama and ending with Andrew L. Santiago and ending with Yevgeny S. tify before any duly constituted com- Hagemaster, which nominations were re- Vindman, which nominations were received mittee of the Senate. ceived by the Senate and appeared in the by the Senate and appeared in the Congres- (Nominations without an asterisk Congressional Record on February 25, 2009. sional Record on March 25, 2009. were reported with the recommenda- Army nominations beginning with Michael Army nominations beginning with Randall tion that they be confirmed.) L. Nippert and ending with John K. W. Cowell and ending with Daniel M. Zerby, Goertmiller, which nominations were re- which nominations were received by the Sen- f ceived by the Senate and appeared in the ate and appeared in the Congressional INTRODUCTION OF BILLS AND Congressional Record on February 25, 2009. Record on March 25, 2009. JOINT RESOLUTIONS Army nominations beginning with Martin Army nominations beginning with Albert L. Badegian and ending with Mark J. Hodd, J. Adkinson and ending with William E. The following bills and joint resolu- which nominations were received by the Sen- Wynns, Jr., which nominations were received tions were introduced, read the first ate and appeared in the Congressional by the Senate and appeared in the Congres- and second times by unanimous con- Record on February 25, 2009. sional Record on March 25, 2009. sent, and referred as indicated: Army nominations beginning with Debra Marine Corps nominations beginning with By Mr. BAUCUS (for himself and Mr. H. Burton and ending with Lee D. Schnell, David G. Antonik and ending with Steven D. TESTER): which nominations were received by the Sen- Peterson, which nominations were received S. 758. A bill to authorize the production of ate and appeared in the Congressional by the Senate and appeared in the Congres- Saint-Gaudens Double Eagle ultra-high relief Record on February 25, 2009. sional Record on February 23, 2009. bullion coins in palladium to provide afford- Army nominations beginning with Paul P. Marine Corps nominations beginning with able opportunities for investments in pre- Bryant and ending with Christopher R. Ward, Kelly P. Alexander and ending with Anthone cious metals, and for other purposes; to the which nominations were received by the Sen- R. Wright, which nominations were received Committee on Banking, Housing, and Urban ate and appeared in the Congressional by the Senate and appeared in the Congres- Affairs. Record on February 25, 2009. sional Record on February 23, 2009. By Mr. BINGAMAN (for himself, Mr. Army nominations beginning with Robert Marine Corps nominations beginning with BENNETT, Mr. UDALL of New Mexico, J. Abbott and ending with Patrick J. Wool- Derek M. Abbey and ending with Robert B. Mr. KYL, and Mr. HATCH): sey, which nominations were received by the Zwayer, which nominations were received by S. 759. A bill to amend the Transportation Senate and appeared in the Congressional the Senate and appeared in the Congres- Equity Act for the 21st Century to reauthor- Record on February 25, 2009. sional Record on February 25, 2009. Army nominations beginning with Vanessa Marine Corps nominations beginning with ize a provision relating to additional con- A. Berry and ending with Scott F. Young, Harald Aagaard and ending with Mark W. tract authority for States with Indian res- which nominations were received by the Sen- Zipsie, which nominations were received by ervations; to the Committee on Environment ate and appeared in the Congressional the Senate and appeared in the Congres- and Public Works. Record on February 25, 2009. sional Record on February 25, 2009. By Mrs. MCCASKILL (for herself and Army nominations beginning with Efren E. Navy nomination of Scott D. Shiver, to be Mr. BOND): Recto and ending with William A. Wolkstein, Captain. S. 760. A bill to designate the Liberty Me- which nominations were received by the Sen- Navy nominations beginning with Steven morial at the National World War I Museum ate and appeared in the Congressional A. Khalil and ending with David B. Rosen- in Kansas City, Missouri, as the ‘‘National ″ Record on February 25, 2009. berg, which nominations were received by World War I Memorial ; to the Committee on Army nominations beginning with Suzanne the Senate and appeared in the Congres- Energy and Natural Resources. D. Adkinson and ending with Brandon S. sional Record on February 23, 2009. By Mr. BOND (for himself and Mrs. Watkins, which nominations were received Navy nomination of Miguel Gonzalez, to be MCCASKILL): by the Senate and appeared in the Congres- Captain. S. 761. A bill to establish the World War I sional Record on February 25, 2009. Navy nomination of David M. Dromsky, to Centennial Commission to ensure a suitable Army nominations beginning with Thomas be Commander. observance of the centennial of World War I, M. Carden, Jr. and ending with Anthony Navy nomination of Jed R. Espiritu, to be and for other purposes; to the Committee on Woods, which nominations were received by Lieutenant Commander. the Judiciary. the Senate and appeared in the Congres- Navy nominations beginning with Charles By Mrs. FEINSTEIN: sional Record on March 10, 2009. C. Adkison and ending with Tricia L. Teas, S. 762. A bill to promote fire safe commu- Army nomination of Laura K. Lester, to be which nominations were received by the Sen- nities and for other purposes; to the Com- Major. ate and appeared in the Congressional mittee on Homeland Security and Govern- Army nomination of Brigitte Belanger, to Record on February 23, 2009. mental Affairs. be Major. Navy nominations beginning with Gregory By Mrs. FEINSTEIN: Army nomination of Mitzi A. Rivera, to be G. Galyo and ending with Oliver C. Minimo, S. 763. A bill to amend the Robert T. Staf- Major. which nominations were received by the Sen- ford Disaster Relief and Emergency Assist- Army nomination of Catherine B. Evans, ate and appeared in the Congressional ance Act, to authorize temporary mortgage to be Major. Record on March 10, 2009. and rental payments; to the Committee on Army nomination of Victor G. Kelly, to be Navy nominations beginning with Chris- Homeland Security and Governmental Af- Major. topher G. Cunningham and ending with fairs. Army nomination of Ryan T. Choate, to be Christopher A. Williams, which nominations By Mrs. FEINSTEIN: Major. were received by the Senate and appeared in S. 764. A bill to amend the Robert T. Staf- Army nominations beginning with Rafael the Congressional Record on March 25, 2009. ford Disaster Relief and Emergency Assist- A. Cabrera and ending with Carl J. Tadaki, Navy nominations beginning with Janet L. ance Act, to increase the maximum amount which nominations were received by the Sen- Jackson and ending with Todd M. Sullivan, of assistance to individuals and households; ate and appeared in the Congressional which nominations were received by the Sen- to the Committee on Homeland Security and Record on March 17, 2009. ate and appeared in the Congressional Governmental Affairs. Army nominations beginning with Robert Record on March 25, 2009. By Mr. NELSON of Nebraska (for him- A. Borcherding and ending with Michael C. By Mrs. BOXER for the Committee on En- self, Mr. ROBERTS, Mr. BAYH, Mr. Wong, which nominations were received by vironment and Public Works. CRAPO, Mr. JOHANNS, and Mr. LUGAR): the Senate and appeared in the Congres- *Thomas L. Strickland, of Colorado, to be S. 765. A bill to amend the Internal Rev- sional Record on March 17, 2009. Assistant Secretary for Fish and Wildlife. enue Code of 1986 to allow the Secretary of

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.055 S01APPT1 smartinez on PROD1PC64 with SENATE S4172 CONGRESSIONAL RECORD — SENATE April 1, 2009 the Treasury to not impose a penalty for the supply of energy resources, and strength- (Mrs. LINCOLN) was added as a cospon- failure to disclose reportable transactions ening energy infrastructure, and for other sor of S. 262, a bill to improve and en- when there is reasonable cause for such fail- purposes; to the Committee on Finance. hance the operations of the reserve ure, to modify such penalty, and for other By Mr. VOINOVICH (for himself, Mr. components of the Armed Forces, to purposes; to the Committee on Finance. LEAHY, and Mr. BOND): By Ms. MURKOWSKI: S. 775. A bill to amend title 10, United improve mobilization and demobiliza- S. 766. A bill to authorize the Secretary of States Code, to authorize the availability of tion processes for members of the re- the Interior to issue right-of-way permits for appropriated funds for international partner- serve components of the Armed Forces, natural gas pipeline transportation utility ship contact activities conducted by the Na- and for other purposes. systems in non-wilderness areas within the tional Guard, and for other purposes; to the S. 307 boundary of Denali National Park and Pre- Committee on Armed Services. At the request of Mr. WYDEN, the serve; to the Committee on Energy and Nat- By Mr. CASEY (for himself, Mr. WICK- ural Resources. ER, and Mr. MARTINEZ): names of the Senator from Mississippi By Mr. KOHL (for himself, Mr. DURBIN, S. 776. A bill to assist in creating sub- (Mr. COCHRAN) and the Senator from Mr. KENNEDY, and Mr. CASEY): stantive culture change in long-term resi- Alaska (Ms. MURKOWSKI) were added as S. 767. A bill to amend the Public Health dential care by establishing a small house cosponsors of S. 307, a bill to amend Service Act to provide grants or contracts nursing home loan program to provide for title XVIII of the Social Security Act for prescription drug education and outreach the establishment, renovation, and construc- to provide flexibility in the manner in for healthcare providers and their patients; tion of small house nursing homes; to the to the Committee on Health, Education, which beds are counted for purposes of Committee on Banking, Housing, and Urban determining whether a hospital may be Labor, and Pensions. Affairs. By Mr. UDALL of New Mexico (for By Mr. BROWN (for himself, Ms. designated as a critical access hospital himself, Mr. BINGAMAN, Mr. BOND, SNOWE, and Mrs. MURRAY): under the Medicare program and to ex- Mr. INOUYE, Mr. KERRY, Mr. LEVIN, S. 777. A bill to promote industry growth empt from the critical access hospital Mr. UDALL of Colorado, and Ms. and competitiveness and to improve worker inpatient bed limitation the number of LANDRIEU): training, retention, and advancement, and beds provided for certain veterans. S. 768. A bill to grant the Congressional for other purposes; to the Committee on S. 400 Gold Medal to the soldiers from the United Health, Education, Labor, and Pensions. States who were prisoners of war at Bataan By Mr. ROCKEFELLER (for himself, At the request of Mr. SANDERS, the during World War II; to the Committee on Ms. SNOWE, and Mr. NELSON of Flor- name of the Senator from Rhode Island Banking, Housing, and Urban Affairs. ida): (Mr. WHITEHOUSE) was added as a co- By Mrs. LINCOLN (for herself, Ms. S. 778. A bill to establish, within the Exec- sponsor of S. 400, a bill to expand the SNOWE, Mr. WHITEHOUSE, Ms. utive Office of the President, the Office of authority and responsibilities of the STABENOW, and Mrs. FEINSTEIN): National Cybersecurity Advisor; to the Com- S. 769. A bill to amend title XVIII of the Oversight Panel of the Troubled Asset mittee on Homeland Security and Govern- Relief Program, and for other purposes. Social Security Act to improve access to, mental Affairs. and increase utilization of, bone mass meas- By Mr. LAUTENBERG: S. 408 urement benefits under the Medicare part B S. 779. A bill to amend titles 23 and 49, At the request of Mr. INOUYE, the program; to the Committee on Finance. United States Code, to modify provisions re- name of the Senator from California By Mr. DURBIN (for himself and Mr. lating to the length and weight limitations (Mrs. BOXER) was added as a cosponsor KENNEDY): for vehicles operating on Federal-aid high- S. 770. A bill to amend titles V, XVIII, and of S. 408, a bill to amend the Public ways, and for other purposes; to the Com- XIX of the Social Security Act to promote Health Service Act to provide a means mittee on Environment and Public Works. cessation of tobacco use under the Medicare for continued improvement in emer- By Mr. NELSON of Florida (for him- program, the Medicaid program, and the ma- self, Mr. CORNYN, Mr. MARTINEZ, and gency medical services for children. ternal and child health services block grant Mr. DODD): S. 427 program; to the Committee on Finance. S. 780. A bill to amend the Andean Trade At the request of Mrs. LINCOLN, the By Mr. BENNET (for himself and Mr. Preference Act to add Paraguay to the list of DALL of Colorado): names of the Senator from Maine (Ms. U countries that are eligible to be designated S. 771. A bill to provide certain counties COLLINS) and the Senator from Idaho as beneficiary countries and ATPDEA bene- with the ability to receive television broad- (Mr. CRAPO) were added as cosponsors ficiary countries; to the Committee on Fi- cast signals of their choice; to the Com- nance. of S. 427, a bill to amend title XVI of mittee on Commerce, Science, and Transpor- the Social Security Act to clarify that tation. f the value of certain funeral and burial By Mr. BOND (for himself, Mrs. BOXER, arrangements are not to be considered Mr. LIEBERMAN, Mr. GRASSLEY, Mr. SUBMISSION OF CONCURRENT AND SPECTER, Mr. BROWNBACK, Ms. MUR- SENATE RESOLUTIONS available resources under the supple- KOWSKI, Mrs. MCCASKILL, and Mr. The following concurrent resolutions mental security income program. SCHUMER): and Senate resolutions were read, and S. 461 S. 772. A bill to enhance benefits for sur- referred (or acted upon), as indicated: At the request of Mrs. LINCOLN, the vivors of certain former members of the names of the Senator from Idaho (Mr. Armed Forces with a history of post-trau- By Mr. TESTER: matic stress disorder or traumatic brain in- S. Res. 97. A resolution designating June 1, RISCH) and the Senator from Montana jury, to enhance availability and access to 2009, as ‘‘Collector Car Appreciation Day’’ (Mr. TESTER) were added as cosponsors mental health counseling for members of the and recognizing that the collection and res- of S. 461, a bill to amend the Internal Armed Forces and veterans, and for other toration of historic and classic cars is an im- Revenue Code of 1986 to extend and purposes; to the Committee on Veterans’ Af- portant part of preserving the technological modify the railroad track maintenance fairs. achievements and cultural heritage of the credit. By Mr. ROCKEFELLER (for himself, United States; to the Committee on the Ju- S. 491 Ms. SNOWE, and Mr. NELSON of Flor- diciary. ida): By Mr. MCCAIN: At the request of Mr. WEBB, the name S. 773. A bill to ensure the continued free S. Con. Res. 16. A concurrent resolution ex- of the Senator from South Carolina flow of commerce within the United States pressing the sense of the Senate that the (Mr. GRAHAM) was added as a cosponsor and with its global trading partners through President of the United States should exer- of S. 491, a bill to amend the Internal secure cyber communications, to provide for cise his constitutional authority to pardon Revenue Code of 1986 to allow Federal the continued development and exploitation posthumously John Arthur ‘‘Jack’’ Johnson civilian and military retirees to pay of the Internet and intranet communications for the racially motivated conviction in 1913 for such purposes, to provide for the develop- that diminished the athletic, cultural, and health insurance premiums on a pretax ment of a cadre of information technology historic significance of Jack Johnson and basis and to allow a deduction for specialists to improve and maintain effective unduly tarnished his reputation; to the Com- TRICARE supplemental premiums. cybersecurity defenses against disruption, mittee on the Judiciary. S. 511 and for other purposes; to the Committee on f At the request of Mr. BROWNBACK, the Commerce, Science, and Transportation. name of the Senator from Tennessee By Mr. DORGAN (for himself and Mr. ADDITIONAL COSPONSORS (Mr. ALEXANDER) was added as a co- VOINOVICH): S. 774. A bill to enhance the energy secu- S. 262 sponsor of S. 511, a bill to amend part rity of the United States by diversifying en- At the request of Mr. CASEY, the B of title XVIII of the Social Security ergy sources for onroad transport, increasing name of the Senator from Arkansas Act to provide for an exemption of

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S. 683, a bill to amend title XIX of the budget for the United States Govern- S. 526 Social Security Act to provide individ- ment for fiscal year 2010, revising the At the request of Mrs. MCCASKILL, uals with disabilities and older Ameri- appropriate budgetary levels for fiscal the name of the Senator from Pennsyl- cans with equal access to community- year 2009, and setting forth the appro- vania (Mr. CASEY) was added as a co- based attendant services and supports, priate budgetary levels for fiscal years sponsor of S. 526, a bill to provide in and for other purposes. 2011 through 2014. personam jurisdiction in civil actions S. 714 AMENDMENT NO. 744 against contractors of the United At the request of Mr. WEBB, the At the request of Mr. INHOFE, the States Government performing con- names of the Senator from Rhode Is- name of the Senator from Texas (Mr. tracts abroad with respect to serious land (Mr. WHITEHOUSE) and the Senator CORNYN) was added as a cosponsor of bodily injuries of members of the from Louisiana (Ms. LANDRIEU) were amendment No. 744 intended to be pro- Armed Forces, civilian employees of added as cosponsors of S. 714, a bill to posed to S. Con. Res. 13, an original the United States Government, and establish the National Criminal Justice concurrent resolution setting forth the United States citizen employees of Commission. congressional budget for the United companies performing work for the S. CON. RES. 14 States Government for fiscal year 2010, United States Government in connec- At the request of Mr. BARRASSO, the revising the appropriate budgetary lev- tion with contractor activities, and for name of the Senator from Kansas (Mr. els for fiscal year 2009, and setting other purposes. BROWNBACK) was added as a cosponsor forth the appropriate budgetary levels S. 546 of S. Con. Res. 14, a concurrent resolu- for fiscal years 2011 through 2014. AMENDMENT NO. 759 At the request of Mr. REID, the name tion supporting the Local Radio Free- of the Senator from New Jersey (Mr. dom Act. At the request of Mr. BENNETT, the MENENDEZ) was added as a cosponsor of S. RES. 9 name of the Senator from Utah (Mr. HATCH) was added as a cosponsor of S. 546, a bill to amend title 10, United At the request of Mr. DURBIN, his States Code, to permit certain retired name was added as a cosponsor of S. amendment No. 759 intended to be pro- members of the uniformed services who Res. 9, a resolution commemorating 90 posed to S. Con. Res. 13, an original have a service-connected disability to years of U.S.-Polish diplomatic rela- concurrent resolution setting forth the receive both disability compensation tions, during which Poland has proven congressional budget for the United from the Department of Veterans Af- to be an exceptionally strong partner States Government for fiscal year 2010, fairs for their disability and either re- to the United States in advancing free- revising the appropriate budgetary lev- tired pay by reason of their years of dom around the world. els for fiscal year 2009, and setting military service or Combat-Related forth the appropriate budgetary levels S. RES. 71 for fiscal years 2011 through 2014. Special Compensation. At the request of Mr. WYDEN, the AMENDMENT NO. 762 S. 614 name of the Senator from Nevada (Mr. At the request of Mr. ISAKSON, the At the request of Mrs. HUTCHISON, the REID) was added as a cosponsor of S. name of the Senator from Connecticut names of the Senator from Arkansas Res. 71, a resolution condemning the (Mr. LIEBERMAN) was added as a co- (Mr. PRYOR) and the Senator from Con- Government of Iran for its state-spon- sponsor of amendment No. 762 proposed necticut (Mr. LIEBERMAN) were added sored persecution of the Baha’i minor- to S. Con. Res. 13, an original concur- as cosponsors of S. 614, a bill to award ity in Iran and its continued violation rent resolution setting forth the con- a Congressional Gold Medal to the of the International Covenants on gressional budget for the United States Women Airforce Service Pilots Human Rights. Government for fiscal year 2010, revis- (‘‘WASP’’). AMENDMENT NO. 730 ing the appropriate budgetary levels S. 615 At the request of Mr. REID, the for fiscal year 2009, and setting forth At the request of Ms. COLLINS, the names of the Senator from Tennessee the appropriate budgetary levels for name of the Senator from Nevada (Mr. (Mr. ALEXANDER), the Senator from fiscal years 2011 through 2014. NSIGN E ) was added as a cosponsor of S. Florida (Mr. MARTINEZ) and the Sen- AMENDMENT NO. 763 615, a bill to provide additional per- ator from Texas (Mrs. HUTCHISON) were At the request of Mr. LIEBERMAN, the sonnel authorities for the Special In- added as cosponsors of amendment No. names of the Senator from California spector General for Afghanistan Recon- 730 intended to be proposed to S. Con. (Mrs. BOXER), the Senator from Texas struction. Res. 13, an original concurrent resolu- (Mr. CORNYN) and the Senator from S. 642 tion setting forth the congressional Connecticut (Mr. DODD) were added as At the request of Mr. BAYH, the name budget for the United States Govern- cosponsors of amendment No. 763 proof the Senator from West Virginia (Mr. ment for fiscal year 2010, revising the posed to S. Con. Res. 13, an original ROCKEFELLER) was added as a cospon- appropriate budgetary levels for fiscal concurrent resolution setting forth the sor of S. 642, a bill to require the Sec- year 2009, and setting forth the appro- congressional budget for the United retary of Defense to establish registries priate budgetary levels for fiscal years States Government for fiscal year 2010, of members and former members of the 2011 through 2014. revising the appropriate budgetary lev- Armed Forces exposed in the line of AMENDMENT NO. 732 els for fiscal year 2009, and setting duty to occupational and environ- At the request of Mr. KERRY, the forth the appropriate budgetary levels mental health chemical hazards, to name of the Senator from Massachu- for fiscal years 2011 through 2014. amend title 38, United States Code, to setts (Mr. KENNEDY) was added as a co- At the request of Mr. DURBIN, his provide health care to veterans exposed sponsor of amendment No. 732 proposed name was added as a cosponsor of to such hazards, and for other purposes. to S. Con. Res. 13, an original concur- amendment No. 763 proposed to S. Con. S. 670 rent resolution setting forth the con- Res. 13, supra. At the request of Mr. HARKIN, the gressional budget for the United States AMENDMENT NO. 765 name of the Senator from Vermont Government for fiscal year 2010, revis- At the request of Mr. BARRASSO, the (Mr. SANDERS) was added as a cospon- ing the appropriate budgetary levels name of the Senator from Kansas (Mr. sor of S. 670, a bill to amend title XIX for fiscal year 2009, and setting forth ROBERTS) was added as a cosponsor of of the Social Security Act to encourage the appropriate budgetary levels for amendment No. 765 intended to be pro- States to provide pregnant women en- fiscal years 2011 through 2014. posed to S. Con. Res. 13, an original rolled in the Medicaid program with AMENDMENT NO. 735 concurrent resolution setting forth the access to comprehensive tobacco ces- At the request of Mr. JOHANNS, the congressional budget for the United sation services. name of the Senator from Kansas (Mr. States Government for fiscal year 2010,

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.061 S01APPT1 smartinez on PROD1PC64 with SENATE S4174 CONGRESSIONAL RECORD — SENATE April 1, 2009 revising the appropriate budgetary lev- amendment No. 792 intended to be pro- States with Indian reservations; to the els for fiscal year 2009, and setting posed to S. Con. Res. 13, an original Committee on Environment and Public forth the appropriate budgetary levels concurrent resolution setting forth the Works. for fiscal years 2011 through 2014. congressional budget for the United Mr. BINGAMAN. Mr. President, I rise AMENDMENT NO. 774 States Government for fiscal year 2010, today with my distinguished colleagues At the request of Mrs. LINCOLN, the revising the appropriate budgetary lev- Senators BENNETT, UDALL, KYL, and name of the Senator from Michigan els for fiscal year 2009, and setting HATCH to introduce the Indian School (Ms. STABENOW) was added as a cospon- forth the appropriate budgetary levels Bus Route Safety Reauthorization Act sor of amendment No. 774 proposed to for fiscal years 2011 through 2014. of 2009. This bill continues an impor- S. Con. Res. 13, an original concurrent AMENDMENT NO. 793 tant Federal program begun in 1998 resolution setting forth the congres- At the request of Mr. KYL, the names that addresses a unique problem with sional budget for the United States of the Senator from Kansas (Mr. ROB- the roads in and around the nation’s Government for fiscal year 2010, revis- ERTS), the Senator from Idaho (Mr. single largest Indian reservation and ing the appropriate budgetary levels CRAPO) and the Senator from Pennsyl- the neighboring counties. Through this for fiscal year 2009, and setting forth vania (Mr. SPECTER) were added as co- program, Navajo children who had been the appropriate budgetary levels for sponsors of amendment No. 793 pro- prevented from getting to school by fiscal years 2011 through 2014. posed to S. Con. Res. 13, an original roads that were often impassable are AMENDMENT NO. 775 concurrent resolution setting forth the now traveling safely to and from their At the request of Mrs. LINCOLN, the congressional budget for the United schools. Because of the unusual nature name of the Senator from Oregon (Mr. States Government for fiscal year 2010, of this situation, I believe it must con- WYDEN) was added as a cosponsor of revising the appropriate budgetary lev- tinue to be addressed at the Federal amendment No. 775 proposed to S. Con. els for fiscal year 2009, and setting level. Res. 13, an original concurrent resolu- forth the appropriate budgetary levels I would like to begin with some station setting forth the congressional for fiscal years 2011 through 2014. tistics on this unique problem and why I believe a Federal solution continues budget for the United States Govern- AMENDMENT NO. 794 to be necessary. The Navajo Nation is ment for fiscal year 2010, revising the At the request of Mr. PRYOR, the by far the Nation’s largest Indian Res- appropriate budgetary levels for fiscal name of the Senator from Arkansas ervation, covering 25,000 square miles. year 2009, and setting forth the appro- (Mrs. LINCOLN) was added as a cospon- Portions of the Navajo Nation are in priate budgetary levels for fiscal years sor of amendment No. 794 intended to three states: Arizona, New Mexico, and 2011 through 2014. be proposed to S. Con. Res. 13, an origi- Utah. No other reservation comes any- AMENDMENT NO. 776 nal concurrent resolution setting forth where close to the size of Navajo. To At the request of Mrs. SHAHEEN, the the congressional budget for the United give you an idea of its size, the State of names of the Senator from Delaware States Government for fiscal year 2010, West Virginia is about 24,000 square (Mr. KAUFMAN), the Senator from revising the appropriate budgetary lev- miles. In fact, 10 States are smaller in Maryland (Ms. MIKULSKI) and the Sen- els for fiscal year 2009, and setting size than the Navajo reservation. ator from New Hampshire (Mr. GREGG) forth the appropriate budgetary levels According to the Bureau of Indian were added as cosponsors of amend- for fiscal years 2011 through 2014. Affairs, about 9,700 miles of public ment No. 776 proposed to S. Con. Res. AMENDMENT NO. 795 roads serve the Navajo nation. Only 13, an original concurrent resolution At the request of Mr. PRYOR, the about one-third of these roads are setting forth the congressional budget names of the Senator from Arkansas paved. The remaining 6,500 miles, 67 for the United States Government for (Mrs. LINCOLN) and the Senator from percent, are dirt roads. Every day fiscal year 2010, revising the appro- South Dakota (Mr. JOHNSON) were school buses use nearly all of these priate budgetary levels for fiscal year added as cosponsors of amendment No. roads to transport Navajo children to 2009, and setting forth the appropriate 795 intended to be proposed to S. Con. and from school. budgetary levels for fiscal years 2011 Res. 13, an original concurrent resolu- About 6,200 miles of the roads on the through 2014. tion setting forth the congressional Navajo reservation are BIA roads, and AMENDMENT NO. 783 budget for the United States Govern- about 3,300 miles are State and county At the request of Mr. CASEY, the ment for fiscal year 2010, revising the roads. All public roads within, adjacent name of the Senator from Delaware appropriate budgetary levels for fiscal to, or leading to the reservation, in- (Mr. KAUFMAN) was added as a cospon- year 2009, and setting forth the appro- cluding BIA, State, and county roads sor of amendment No. 783 proposed to priate budgetary levels for fiscal years are considered part of the Federal In- S. Con. Res. 13, an original concurrent 2011 through 2014. dian Reservation Road System. How- resolution setting forth the congres- AMENDMENT NO. 799 ever, only BIA and tribal roads are eli- sional budget for the United States At the request of Mr. BENNET, the gible for Federal maintenance funding Government for fiscal year 2010, revis- name of the Senator from Arkansas from BIA. Moreover, construction ing the appropriate budgetary levels (Mrs. LINCOLN) was added as a cospon- funding and improvement funding from for fiscal year 2009, and setting forth sor of amendment No. 799 intended to the Federal Lands Highways Program the appropriate budgetary levels for be proposed to S. Con. Res. 13, an origi- in SAFETEA is generally applied only fiscal years 2011 through 2014. nal concurrent resolution setting forth to BIA or tribal roads. Thus, the States AMENDMENT NO. 788 the congressional budget for the United and counties are responsible for main- At the request of Mr. BARRASSO, the States Government for fiscal year 2010, tenance and improvement of their 2,500 names of the Senator from Idaho (Mr. revising the appropriate budgetary lev- miles of roads that serve the reserva- RISCH) and the Senator from Alaska els for fiscal year 2009, and setting tion. (Ms. MURKOWSKI) were added as cospon- forth the appropriate budgetary levels The counties in the 3 States that in- sors of amendment No. 788 intended to for fiscal years 2011 through 2014. clude the Navajo reservation are sim- be proposed to S. Con. Res. 13, an origi- f ply not in a position to maintain all of nal concurrent resolution setting forth the roads on the reservation that carry the congressional budget for the United STATEMENTS ON INTRODUCED children to and from school. Nearly all States Government for fiscal year 2010, BILLS AND JOINT RESOLUTIONS of the land area in these counties is revising the appropriate budgetary lev- By Mr. BINGAMAN (for himself, under Federal or tribal jurisdiction. els for fiscal year 2009, and setting Mr. BENNETT, Mr. UDALL of New For example, in my State of New forth the appropriate budgetary levels Mexico, Mr. KYL, and Mr. Mexico, 3⁄4 of McKinley County is ei- for fiscal years 2011 through 2014. HATCH): ther tribal or Federal land, including AMENDMENT NO. 792 S. 759. A bill to amend the Transpor- BLM, Forest Service, and military At the request of Mr. ALEXANDER, the tation Equity Act for the 21st Century land. The Indian land area alone com- name of the Senator from Utah (Mr. to reauthorize a provision relating to prises 61 percent of McKinley County. HATCH) was added as a cosponsor of additional contract authority for Consequently, the county can draw

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.063 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4175 upon only a very limited tax base as a that program, for fiscal years 2010 This program was started in 1998 to source of revenue for maintenance pur- through 2015, with a modest increase in ensure the local governments, working poses. Of the nearly 600 miles of coun- the annual funding to allow for infla- in partnership with the Navajo, are ty-maintained roads in McKinley tion and for additional roads to be able to maintain the roads and ensure County, 512 miles serve Indian land. maintained in each of the 3 States. the school bus routes are usable and in In San Juan County, Utah, the Nav- I believe that continuing this pro- good condition. Before children can ajo Nation comprises 40 percent of the gram for 6 more years is fully justified learn at school, they have to get to land area. The county maintains 611 because of the vast area of the Navajo school! Congress answered the urgent miles of roads on the Navajo Nation. Of reservation by far the nation’s largest call for help by providing direct fund- these, 357 miles are dirt, 164 miles are and the unique nature of this need that ing to the counties that contain the gravel and only 90 miles are paved. On only the Federal Government can deal Navajo reservation to help ensure that the reservation, the county has three with effectively. children on the reservation can get to high schools, two elementary schools, I do not believe any child wanting to and from their public schools. This pro- two BIA boarding schools and four pre- get to and from school should have to gram was reauthorized in SAFETEA– schools. risk or tolerate unsafe roads. Kids LU in 2005 and we urge our colleagues The situation is similar in neigh- today, particularly in rural and remote in the Senate to join us in supporting boring San Juan County, New Mexico, areas, face enough barriers to getting a this important project again in 2009. and Apache, Navajo, and Coconino good education. The Senate already This bill provides for $2 million annu- Counties, Arizona. In light of the coun- passed this legislation last year. I ask ally to be shared equally among Ari- ties’ limited resources, I do believe the all Senators to join me again this year zona, New Mexico and Utah. The fund- Federal Government is asking the in assuring that Navajo schoolchildren ing goes directly to the counties that States and counties to bear too large a at least have a chance to get to school contain the Navajo reservation. These burden for road maintenance in this safely and get an education. funds can only be used on roads that unique situation. I look forward to working with are located within or that lead to the Families living in and around the Chairman BOXER and Ranking Member reservation and that are used by school reservation are no different from fami- INHOFE of the Environment and Public buses. lies anywhere else; their children are Works Committee, and Chairman BAU- I want to take a moment and pay entitled to the same opportunity to get CUS and Ranking Member VOINOVICH of tribute to San Juan County, UT. San to school safely and to get a good edu- the Transportation and Infrastructure Juan County has done a commendable cation. However, the many miles of un- Subcommittee, to incorporate this leg- job of working with their Navajo neigh- paved and deficient roads on the res- islation once again into the com- bors to ensure a strong working rela- ervation are frequently impassable, es- prehensive 6-year reauthorization of tionship and to truly serve the Navajo pecially when they are wet, muddy or the surface transportation programs. members of their community. The Nav- snowy. If the school buses do not get Mr. President, I ask unanimous con- ajo Nation comprises 40 percent of the through, the kids simply cannot get to sent that the text of the bill be printed San Juan County land area and the school. in the RECORD. These children are literally being left county maintains 611 miles of roads on There being no objection, the text of behind. the Navajo Nation. Of these, 357 miles Because of the vast size of the Navajo the bill was ordered to be printed in are dirt, 164 miles are gravel and only reservation, the cost of maintaining the RECORD, as follows: 90 miles are paved. On the reservation, the county roads used by the school S. 759 the county has three high schools, two buses is more than the counties can Be it enacted by the Senate and House of Rep- elementary schools, two BIA boarding bear without Federal assistance. I be- resentatives of the United States of America in schools and four pre-schools. The funds lieve it is essential that the Federal Congress assembled, reauthorized in this bill will allow San Government help these counties deal SECTION 1. SHORT TITLE. Juan County to continue their commit- with this one-of-a-kind situation. This Act may be cited as the ‘‘Indian ment to ensuring busses can reach the In response to this unique situation, School Bus Route Safety Reauthorization students and thus the students will be Act of 2009’’. in 1998 Congress began providing direct safely transported to school. SEC. 2. REAUTHORIZATION OF ADDITIONAL CON- annual funding to the counties that TRACT AUTHORITY FOR STATES I am proud to again bring this au- contain the Navajo reservation to help WITH INDIAN RESERVATIONS. thorization before the Senate and I ensure that children on the reservation Section 1214(d)(5)(A) of the Transportation look forward to working with my col- can get to and from their public Equity Act for the 21st Century (23 U.S.C. 202 leagues here and in the House to ensure schools. In 2005, the program was reau- note; 112 Stat. 206; 119 Stat. 1460) is amended that this important measure is in- thorized in SAFETEA through 2009. by striking ‘‘$1,800,000 for each of fiscal years cluded in the upcoming transportation Under this provision, $1.8 million is 2005 through 2009’’ and inserting ‘‘$2,000,000 authorization. I thank my colleague for each of fiscal years 2010 through 2015’’. made available each year to be shared Mr. BINGAMAN for his strong work on equally among the three states. The Mr. BENNETT of Utah. Mr. Presi- this legislation and look forward to funding is provided directly to the dent, I am pleased to join my col- working closely with him as well as counties in Arizona, New Mexico, and leagues Senators BINGAMAN, HATCH, Chairman BOXER and Ranking Member Utah that contain the Navajo reserva- UDALL of New Mexico and KYL as we INHOFE of the Environment and Public tion. I want to be very clear: these Fed- introduce the Indian School Bus Route Works Committee, and Chairman BAU- eral funds can be used only on roads Safety Reauthorization Act of 2009. CUS and Ranking Member VOINOVICH of that are located within or that lead to This legislation reauthorizes an impor- the Transportation and Infrastructure the reservation, that are on the State tant program that has served the Nav- Subcommittee to ensure that this leg- or county maintenance system, and ajo Nation and specifically Navajo chil- islation is again included in the com- that are used by school buses. dren since 1998. The funding provided in prehensive 6-year transportation reau- This program has been very success- this program is used exclusively to thorization. ful. For the last 12 years, the counties maintain roads that provide bus routes have used the annual funding to help for Navajo children. Two thirds of the By Mrs. FEINSTEIN: maintain the routes used by school 9,700 miles of the Navajo public roads S. 762. A bill to promote fire safe buses to carry children to school and to are unpaved, dirt roads. Many of these communities and for other purposes; to Headstart programs. I have had an op- roads are traveled everyday by children the Committee on Homeland Security portunity to see firsthand the impor- heading to school on the bus. When the and Governmental Affairs. tance of this funding when I rode in a rough rains and snows of winter hit, Mrs. FEINSTEIN. Mr. President, I school bus over some of the roads that the deficient roads are frequently im- rise today to introduce a series of bills, are maintained using funds from this passable. Damage caused by winds and S. 762, S. 763, and S. 764, designed to program. rains can create huge holes and gullies better prepare for catastrophic The bill I am introducing today pro- that often make the roads unfit for a wildfires like the ones that recently vides a simple 6-year reauthorization of school bus even in good weather! devastated Southwestern Australia and

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.059 S01APPT1 smartinez on PROD1PC64 with SENATE S4176 CONGRESSIONAL RECORD — SENATE April 1, 2009 that have plagued much of our country The Disaster Rebuilding Assistance Today under the Fire Management for years. Act, to increase the amount of federal Assistance Grant program, the federal California has seen unprecedented dollars available to homeowners whose government covers 75 percent of the devastation from wildfires in the last 5 rebuilding costs outstrip their insur- cost of fighting wildfires. years. ance coverage. Under this bill, communities that Over 10,000 families have lost their The Fire Safe Communities Act will adopt the firesafe codes would be eligi- homes. help protect our communities from the ble for Federal reimbursement of up to Over 4 million acres have been catastrophic effects of wildfires. 90 percent of their firefighting costs. burned. Most importantly, it does three key It is important to note that firesafe In 2007, wildfires in Southern Cali- things. building codes, standards and ordi- fornia caused the evacuation of an esti- It gives incentives to local commu- nances are not mandatory. The Federal mated 750,000 people—the largest evac- nities that have adopted responsible Government should not be in the busi- uation in California history. fire-mitigation plans by allowing for ness of telling local governments how In these fires alone, more than a mil- greater federal reimbursement of fire- and where to build their buildings. lion acres burned, and more than 2,000 fighting costs during major fires. Instead these are voluntary codes; homes were destroyed. It creates a grant program to encour- communities can choose to adopt, or These fires killed nine people, and in- age responsible development practices not to adopt, at their discretion. jured 130. Mostly firefighters. that meet wildland-urban interface The bill does not step on the toes of The financial damage is estimated to code guidelines. local government. Rather, helps all of be in the billions. It allows for the Department of the us reach a common goal. Simply put, this was a disaster of Interior and the Department of Agri- I come from local government—I am epic proportions. culture to collaboratively work on 9 years a mayor, 9 years a county su- It was not the first. Southern Cali- mitigation projects that will protect pervisor—and I recognize that zoning is fornia suffered similar wildfire losses homes on State and private lands the province of local government. just 5 years ago. In effect, the Federal Government But we have a real problem here: We We must face the fact that cata- would become the partner of local gov- know that development in the strophic wildfires are in California’s fu- ernments as they seek to make their wildland-urban interface is accel- ture, and the future of other States. communities fire-safe. erating, and it is making fires more Experts predict that things are only As I have said, we can never stop costly. going to get worse in the years to wildfires. But we can take important We need to take steps to improve fire come. steps to make these fires less destruc- safety in these areas. Global warming, extended droughts, tive. dangerous invasive species outbreaks, This bill starts with the first step, by This bill is an important step toward and years of poor forest and fuel man- putting a reliable, unambiguous defini- becoming better prepared. agement have all contributed to the ex- tion to ‘‘Fire Safe’’ communities. Now I want to discuss two bills in- plosive conditions that we now face. Current Wildland fire codes, such as tended to improve recovery aid after The reality is that California and those produced by the International disaster strikes. much of the West is tinder-dry. Fires Code Council and the National Fire The Mortgage and Rental Disaster are larger, and they burn hotter and Protection Association, compile a com- Relief Act will provide much-needed re- with more intensity. prehensive set of best practices that lief to working families hit hard by dis- In early February we saw the tragic can be adopted by communities that asters. consequences of catastrophic wildfire are looking to protect themselves from It would authorize FEMA to make in Australia. Two hundred are dead, a fire damage. If properly implemented, mortgage and rental assistance avail- million acres burned, and whole com- these codes can greatly improve the able for qualified individuals in communities were wiped out in a matter of fire resistance of these communities munities designated as disaster areas hours. and their residents. by the President under the Stafford Here in the U.S. we face that very The fire code guidelines address Act. same possibility, and we must do ev- water supply, construction materials It is based on an important point: erything we can to stop a similar trag- and techniques, defensible space, vege- While catastrophic wildfires and other edy from devastating our neighbor- tation management, and infrastructure disasters can destroy homes, they don’t hoods. standards. relieve people of the financial obliga- The problem is that more and more The target mitigation measures in tions that come with home ownership people are living in areas at high risk fire codes have been proven to be effec- or lease agreements. of wildfire. There are more than 5 mil- tive. Firefighter groups, insurance In most cases, these payments must lion homes in California alone in this companies, and blue ribbon panels have still be made, even if the residence has high-threat ‘‘wildland-urban inter- all come to the same conclusions. It is been wiped out. face.’’ Across the rest of the country, time that we take their advice and This burden is too much for many there are nearly 40 million more homes start making this important invest- working families. They incur addi- located in the wildland urban interface. ment. tional expenses—such as hotel or lodg- So the question comes: What can be The bill authorizes a $25 million per ing costs—that come with being dis- done? year grant program, administered by placed following a major disaster. There is no doubt that we cannot the Federal Emergency Management FEMA used to provide mortgage and fully eliminate wildfires. Agency’s, FEMA, Office of Grants, and rental assistance. But these types of But I believe that we can take steps Training. assistance were eliminated by the Dis- now to better protect communities, to It will help communities implement aster Mitigation Act of 2000. improve firefighting capabilities, and these standards, and bring the safest This bill would re-authorize the pro- to improve relief and recovery aid. development practices to their neigh- gram, and make several changes to en- The three bills that I am introducing borhoods. sure that assistance is provided only to today will get this process started. This grant program will be available those most in need. They are the Fire Safe Communities to local governments located in the First, to qualify for assistance appli- Act, which would establish new incen- wildlife-urban interface, and to high- cants must demonstrate that they face tives for communities at risk of threat regions that have adopted—or significant economic hardships and suf- wildfires to adopt responsible building plan to adopt—these responsible fered disaster-related income loss. codes and mitigation practices. firesafe measures. The disaster-related income loss The Mortgage and Rental Disaster As further incentive, this bill makes must fit into one of the following cat- Relief Act, to make sure that qualified the existing Fire Management Assist- egories: your employer, or your own individuals, displaced by major disas- ance Grants program contingent on the business, must be located in the area ters, are able to make their mortgage implementation of Firesafe codes, declared a major disaster by the Presi- and rental payments. standards and ordinances. dent; you lose your job because your

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.077 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4177 employer or business has a significant cap, if necessary, to cover rebuilding While there are contract issues in- business relationship with a company expenses in high-cost states. volving problems with getting suffi- located within the Presidentially de- I believe this bill will provide an im- cient gas quantities for Railbelt utili- clared disaster area; or you live in a portant step toward giving Americans ties starting as early as next year, Presidentially declared disaster area, the chance they need to rebuild their there are serious concerns about the and have suffered financially due to lives after suffering through a major ability of the region to produce suffi- travel restrictions and road closures disaster. cient gas for electric generation and post-disaster. Catastrophic wildfires are not going home heating for Alaska’s most popu- To qualify for this aid, applicants away. In fact, the evidence strongly lated area as early as 2014. must also provide proof that their em- suggests they will occur with greater To provide a new, reliable natural ployment was discontinued as a result frequency and ferocity. gas supply, one proposal, the so-called of disaster. But we can take important steps— ‘‘bullet’’ gas pipeline, is to construct a They must also show imminent delin- now—to make our communities safer. small diameter natural gas line, 24 quency, eviction, dispossession, or fore- To strengthen our firefighting capa- inches in size, to run from Alaska’s closure. bilities. North slope region, pass Fairbanks Finally, this assistance is available To ensure that more relief and recov- along the Parks Highway, and termi- only for up to 18 months, and is subject ery aid is provided to victims, so they nate near Wasilla, Alaska. This pipe- to income caps. can get back on their feet as soon as line would tie into existing trans- Only households with adjusted gross possible. mission systems and would bring about incomes of $100,000 or less, in high-cost These bills are not a panacea. But 500 million cubic feet of gas a day to states such as California, would be eli- they are an important first step. I urge Southcentral Alaska. This project gible. my colleagues to vote for them. would be completed well in advance of Households in lower-cost States when a larger-diameter pipeline might could be eligible if their annual ad- By Ms. MURKOWSKI: be in service to deliver 4 to 4.5 billion justed gross incomes do not exceed S. 766. A bill to authorize the Sec- cubic feet a day to Lower 48 markets. $75,000. retary of the Interior to issue right-of- Given the pace of planning for con- In today’s market conditions, the way permits for natural gas pipeline struction of the main line, it is un- federal government needs to make sure transportation utility systems in non- likely that a larger Alaska natural gas that we do everything we can to help wilderness areas within the boundary pipeline will be able to deliver gas now families stay in their homes. of Denali National Park and Preserve; until 2018 or 2019, perhaps four or more The Mortgage and Rental Assistance to the Committee on Energy and Nat- years too late to aid Southcentral Act will prevent foreclosures in dis- ural Resources. Alaska’s growing need for natural gas. aster areas by helping families make Ms. MURKOWSKI. Mr. President, I Further, any delays in solidifying a their payments on time. Given the rise today to introduce legislation that new gas supply could permanently end state of the housing market, this bill is will authorize a right-of-way for Con- chances to reopen the Agrium fertilizer of the utmost importance and I urge struction of an in-state natural gas plant and to continue operations of the my colleagues to support this legisla- pipeline to run along the State’s main Kenai LNG export terminal, both key tion. highway from Fairbanks to Anchorage. components of local Kenai Peninsula The Disaster Rebuilding Assistance This bill would provide a right-of-way industry. Act would increase the amount of for a natural gas pipeline near the There are two potentially competing money FEMA can provide—for rebuild- shoulder of the Parks Highway for the proposals for a small diameter, in-state ing and temporary housing—in high- roughly 7 miles that the highway runs gas pipeline. I have just described the cost states such as California. through Denali National Park. ‘‘bullet’’ line proposal. The second pro- It is designed to help disaster victims I wish to explain I am introducing posal it to run a similarly sized pipe- whose rebuilding costs exceed their in- the bill now, and why, rather than line along the Richardson and Glenn surance coverage. Or for low income being an infringement on Alaska’s Highways to the east, also tying into earners who have no insurance. most visited Interior national park, Sadly, many Californians hit by existing transmission systems near the measure is actually the favored wildfires or other disasters learn too Palmer, Alaska. There are advantages route by many in the environmental late that their insurance coverage is to both routes, the Parks route deliv- community to bring natural gas from insufficient. ering gas to communities along the This is a real problem in California. the foothills of Alaska’s North Slope to Parks Highway and providing clean In fact, California Insurance Commis- Southcentral Alaska. natural gas to Denali National Park, sioner Steve Poizner estimates that as While many in this body have heard while the Richardson/Glenn project many as 25 percent of the victims of about plans for a large-volume natural would help provide economic activity the 2007 wildfires were underinsured. gas pipeline to run from the Prudhoe to differing towns, such as Delta and Let me be clear: this bill will not Bay oil fields to the Lower 48—the Glennallen to the east. cover the full costs of rebuilding. project for which many in this body It is not my desire to prejudge the But it will help close the gap, for voted to approve a loan guarantee, tax outcome of which project or route qualified households in areas declared credits and permitting improvements should be selected, since that decision by the President to be disaster areas. in 2004—there is concern that the big will be made by Alaska state regu- Today, FEMA can provide up to pipeline will not be finished in time to lators and financial markets. It is my roughly $28,000 to individuals and get gas to Southcentral Alaska. That is desire, however, to introduce legisla- households whose rebuilding costs ex- gas that is vital for electric generation tion that would clear the lone legal im- ceed their insurance coverage. This as- in Anchorage, the Mat-Su Borough and pediment to planning for the Parks sistance can be used for rebuilding Kenai Peninsula. Currently electricity route, that being how to get the gas costs, as well as temporary housing. in Alaska’s southern Railbelt, as it is economically through the mountainous The Disaster Rebuilding Assistance called, is often generated by burning central region of the State past Denali Act would increase this amount to natural gas that has been produced National Park and Preserve. $50,000 for individuals who earn less since the 1960s from the gas fields in According to a recent analysis of than $100,000 per year. By increasing Cook Inlet, south of Anchorage. But routing options through this area, the amount of assistance, and tar- production from Cook Inlet, while the there are two feasible routes for a pipe- geting the program toward lower-in- province theoretically holds far more line through or around the roughly 10– come homeowners, the FEMA Disaster gas, has been falling for years. A major mile bottleneck of the Nenana River Assistance program will more effi- fertilizer plant near Kenai, for exam- Canyon and Denali National Park and ciently help homeowners recover from ple, had to close in 2007 because there Preserve. The shortest and most log- disasters. was not enough natural gas being pro- ical route follows the existing highway The legislation also gives the Presi- duced to allow it to obtain the raw through this entire area, 7 miles of dent the discretion to increase this product it needed for urea production. which passes through Denali National

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.081 S01APPT1 smartinez on PROD1PC64 with SENATE S4178 CONGRESSIONAL RECORD — SENATE April 1, 2009 Park. This route causes the least envi- I am proposing this bill simply to au- many visitors at McKinley village into the ronmental and visual impact due to its thorize the right-of-way for a Parks park entrance area by trail. We strongly en- location in an existing corridor, and Highway route soon so that the deci- courage continuation of this part of the plan. provides a route that is easily accession on which route is best for the In addition, we encourage you to work with sible for routine pipeline maintenance. the Park Service to see if they would benefit state and its citizens—if the ‘‘bullet’’ from a lateral line into the park to support The other feasible pipeline route di- line option is chosen—can be made both the energy needs of the park head- verts from the highway to stay outside based on greater certainty in the cost quarters complex and also possible use of of the national park boundaries, but in estimates for a Parks Highway project. natural gas for park buses. so doing skirts across a steep hillside Removing the uncertainty of permit- Assuming the preferred gas pipeline right- that dominates a park visitor’s view to ting and regulatory delays will at least of-way is along the Parks Highway, there the east. Furthermore, the route that permit the Parks Highway route to be will need to be a Title XI review for the six avoids the park will create a new dis- on a level playing field with the Rich- miles through Denali, which we anticipate turbed corridor in a remote location, will be included in your environmental re- ardson and Glenn Highway route when view. Currently the National Park Service is and will cause pipeline operations and a routing decision is made. Then the reliability challenges due to the re- not authorized to issue a right-of-way permit decision on which project makes the for gas pipelines anywhere in the country, moteness and the ruggedness of the most sense for all Alaskans can be which means final approval of the Title XI route. The route that avoids the park made without fear that right-of-way permit would need to go to the President and is estimated to cost twice as much as acquisition delays could inflate project then to Congress. While our preference would the route along the highway and costs. be to complete the environmental review through the park. If the Parks route is chosen and the and, assuming the Parks Highway route is Besides being less expensive to con- the best, follow the existing Title XI process, project proceeds, then the national struct and operate, the pipeline along we understand that Enstar is developing leg- park will benefit from the environ- the existing, previously disturbed islation to give the National Park Service Parks Highway right-of-way, also per- mental benefits of natural gas and authority to issue a right-of-way permit for mits electric generation for the park compressed natural gas being available the six miles within Denali IF the environ- facilities at Denali to come from nat- for park activities, cutting air quality mental review shows it to be the environmentally preferable route. ural gas. And for the first time reason- concerns, and improving pedestrian access. I truly believe there are no envi- This would not negate the need for a Title ably priced compressed natural gas, XI review, but it would allow the Park Serv- CNG, would be available to power park ronmental issues with this legislation. I think anyone who has ever traveled ice to make the decision without any addi- vehicles—another environmental ben- tional review by the administration or Con- efit of the Parks Highway route. Cur- on the Parks Highway in Alaska near gress. We need to withhold any position on rently National Park Service per- the park would agree, and I hope it can this proposed legislation until we see specific mitted diesel tour buses travel 1 mil- be considered by Congress relatively language, In keeping with your pattern of lion road miles annually. Converting soon. outreach early in the process, we would very the buses to operate on CNG would sig- Mr. President, I ask unanimous con- much like to be a part of crafting this legis- nificantly reduce air emissions in the sent that a letter of support be printed lation to ensure that it is specific to this project only and it only provides authority park. A third benefit is that for the in the RECORD. There being no objection, the mate- to the Park Service to issue the right-of-way pipe to cross the Nenana River, not far should the environmental review show it is from the park’s entrance, will require a rial was ordered to be printed in the the environmentally preferable alternative. new bridge to be built that could carry RECORD, as follows: Furthermore, this letter should not be con- not just the pipe, but provide a new pe- 30 JANUARY 2009. strued as anything more than an under- destrian access/bicycle path for visitors Re Denali National Park & Preserve Title XI standing of how to get through the six miles that today need to walk along the process. inside the boundaries of Denali National heavily traveled highway rather than M. COLLEEN STARRING, Park & Preserve. There are many unan- President, ENSTAR Natural Gas Company, An- swered questions about the routing and con- on a separated, pedestrian path toward chorage AK. visitors attractions and hotels located struction of the pipeline beyond these six DEAR MS. STARRING, thank you and your miles that remain of interest and concern to just outside of the park’s entrance. In staff for reaching out to the Alaska con- many conservation groups in Alaska. We all probability the installation work servation community early on in your proc- strongly urge you to expand your right-of- will be conducted in the shoulder sea- ess to obtain permits to build a bullet gas way and source of gas discussions with many sons to make sure there are no visitor pipeline from either the Foothills or of these same groups to cover the entire dislocations for tourists visiting the Prudhoe Bay into the existing Southcentral project. park. gas pipeline system. In your presentation to Signed: For those reasons and others, a group us, your identified immediate concern was JIM STRATTON, of eight environmental groups: The Na- location of the right-of-way either through Alaska Regional Direc- tional Parks and Conservation Associa- or around the Nenana Canyon and Denali Na- tor, National Parks tion, the Alaska Conservation Alliance, tional Park & Preserve. We appreciate the Conservation Asso- two briefings you have provided to the com- ciation. the Denali Citizens Council, The Wil- munity on the options at Denali. KATE TROLL, derness Society, Cook Inlet Keeper, the Based on the information you have pro- Executive Director, Alaska Center for the Environment, vided to us at these two briefings, the appar- Alaska Conservation the Wrangell Mountain Center and the ent logical environmentally preferable Alliance. Alaska Wildlife Alliance have formally choice for the gas pipeline through Denali NANCY BALE, endorsed the granting of a gas line National Park & Preserve is the six miles President, Denali Citi- right-of-way through Denali Park, along the Parks Highway. This would seem zens Council. along the existing highway right of to make the most sense from both an engi- ELEANOR HUFFINES, way. neering and an environmental perspective as Alaska Regional Direc- The granting of a permanent 20-foot going around the park would necessitate tor The Wilderness construction in currently undeveloped lands. Society. easement, and probably a 100-foot con- While the signers of this letter agree that TOBY SMITH, struction easement, is not precedent bringing the gas pipeline along the Parks Executive Director, setting. The National Park Service al- Highway through Denali seems to be the en- Alaska Center for ready has granted a permit for an in- vironmentally preferable alternative, we re- the Environment. stalled fiber-optic cable along the same serve final judgment until completion of the JEREMY PATAKY, basic alignment for an Alaska commu- environmental review. Executive Director, nications company. Obviously the As mitigation for the pipeline through the Wrangell Mountains exact right-of-way will have to be de- park, we were pleased to hear you discuss Center. the opportunity for a pathway constructed BOB SHAVELSON, lineated to avoid the existing cable and atop the pipeline ROW and a new pedestrian Executive Director to accommodate park goals, such as bridge across the Nenana River at McKinley Cook Inlet Keeper. routing around a vernal pond viewing Village. We feel this expansion of the exist- JOHN TOPPENBERG, area located along the general right-of- ing front-country trail system would be a Director, Alaska Wild- way. benefit to park visitors and would link the life Alliance.

VerDate Nov 24 2008 04:12 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.068 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4179 By Mr. UDALL, of New Mexico ments left their homes to fight; half re- dioactive materials that young chil- (for himself, Mr. BINGAMAN, Mr. turned. These soldiers earned the honor dren can get on their hands and ingest, BOND, Mr. INOUYE, Mr. KERRY, of being the ‘‘first to fire’’ on the especially if they are crawling or play- Mr. LEVIN, Mr. UDALL of Colo- enemy on December 8, 1941—the day ing on the floor. rado and Ms. LANDRIEU): after Pearl Harbor. They and their Despite the known dangers of to- S. 768. A bill to grant the Congres- families have spread the story of Ba- bacco use, more than 45 million adults sional Gold Medal to the soldiers from taan to their New Mexico neighbors. in the U.S. smoke cigarettes. Approxi- the United States who were prisoners We feel the suffering they saw. And we mately 90 percent of those adults start- of war at Bataan during World War II; take pride in their heroism. ed smoking before the age of 14. Every to the Committee on Banking, Hous- For six decades, the Western world day over 3,500 kids under age 18 try ing, and Urban Affairs. has enjoyed the freedom that the Ba- smoking for the first time, and of Mr. UDALL of New Mexico. Mr. taan veterans helped to win. For six these, 1,100 will become regular, daily President, I rise today to introduce leg- decades, our world has been more smokers. Between 1⁄3 and 1⁄2 will eventu- islation to award the Congressional peaceful because of the sacrifices they ally die as a result of their addiction. Gold Medal to some of the bravest sol- made. And for six decades, those men The likelihood of being a smoker var- diers ever to wear this country’s uni- have not received the honor that is ies depending on your ethnicity, socio- form—the prisoners of war from the their due. economic status, and even where you Bataan Death March. This failure of memory hits particu- live. African-Americans are twice as For the thousands of soldiers who larly hard because so many of the men likely as the general population to were surrendered to enemy forces on who suffered at Bataan were Hispanic. smoke, and communities in the South April 9, 1942, the years that have passed They fought and died in the uniform of are more likely to be smoker-friendly since have been filled with memories of a nation that treated them as second than other communities in the coun- what occurred that day and in the hun- class citizens. While in uniform, many try. While 22.5 percent of the general dreds of days that followed: starvation, faced discrimination if they had His- adult population in the U.S. currently torture, forced work, captivity and panic surnames or were caught speak- smokes, the percentage is about 50 per- death. ing Spanish. This legislation will honor cent higher among Medicaid recipients. But in the 66 years since, the events American heroes, including those who Thirty-six percent of adults covered by at Bataan have conjured other ideas for were asked to sacrifice and then forgot- Medicaid smoke. the rest of us: bravery, sacrifice, and ten when the fighting was over. The costs to our Nation of tobacco an unbreakable demonstration of cour- We must always remember the sac- age. use are staggering. Total health costs rifice of our soldiers, particularly dur- attributable to tobacco approach $100 ‘‘The Battling Bastards of Bataan,’’ ing times of war. The men and women they were christened by Frank Hew- billion annually, and comprise an esti- who risk their lives today must know mated 14 percent of all Medicaid costs. lett, one of the last journalists to re- that America never forgets those who port on the troops before they were Our Federal Government pays $17.6 bil- sacrifice in her name. By recognizing lion through Medicaid and $27.4 billion surrendered. For 4 months they fought, the heroes of Bataan, we show our com- battling daily against the enemy, through Medicare for smoking related mitment to the heroes of Kabul and illnesses. Tobacco use is a leading against illness, and against time. And Baghdad—and to the heroes of the fu- when there was no fight left, when the cause of pregnancy complications, pre- ture. mature birth, and low birth weight. time for surrender was upon them, I thank Senator BOND for joining me they were alone. Neither planes in the as the lead cosponsor of this legisla- Despite the fact that nicotine is a skies nor boats in the sea appeared, tion. His home State of Missouri had highly addictive drug, research has ready to give the boost of firepower hundreds of soldiers at Bataan, includ- confirmed that smoking cessation that would turn the tides. Instead, the ing one, John Playter, who passed strategies that include evidence based men at Bataan laid down their weapons away recently this year but never counseling and FDA-approved and walked into a hell that would last stopped telling his story. I also want to pharmacotherapies are effective. More than 4 in 5 smokers say they want to over 3 years. thank Senators BINGAMAN, INOUYE, quit, and each year about 1.3 million Many survivors never recovered from LANDRIEU, LEVIN, KERRY, and UDALL their experience. Half died within a few for being original cosponsors. I also smokers do quit. Overcoming an addic- years of returning home. Others lived thank the VFW and AMVETS for their tion to tobacco is arguably one of the on in physical and mental pain for the support of this legislation. single most important lifestyle rest of their lives—a daily reminder of I hope you will join them—and so changes that a person can make to im- the experience they had endured. many others—in supporting this legis- prove and extend his or her health and But the story of Bataan is not just lation. life. about surrender or the suffering that Studies have shown that reducing followed. By holding off enemy fighters By Mr. DURBIN (for himself and adult smoking through tobacco ces- longer than expected, the Bataan Mr. KENNEDY): sation treatment pays immediate divi- forces gave the Allies time to regroup S. 770. A bill to amend titles V, dends, both in terms of health improve- after Pearl Harbor. Their sacrifice al- XVIII, and XIX of the Social Security ments and cost savings. Shortly after lowed Allied commanders to take the Act to promote cessation of tobacco quitting smoking, blood circulation fight to the enemy. And they made a use under the Medicare program, the improves, carbon monoxide levels in future victory possible. Medicaid program, and the maternal the blood decrease, the risk of heart at- The soldiers of Bataan also gave and child health services block grant tack decreases, lung function and America something we needed as much program; to the Committee on Fi- breathing are improved, and coughing as guns or tanks. They gave us an ex- nance. decreases. Pregnant women who quit ample. Their story inspired American Mr. DURBIN. Mr. President, tobacco smoking before their second trimester soldiers to fight and committed Amer- is responsible for 1 in 5 deaths in the decrease the chances that they will ican commanders to retaking the Pa- U.S.—that is 438,000 deaths every year. give birth to a low-birth-weight baby. cific. Just as an earlier generation of Sadly, another 50,000 Americans die Over the long term, quitting will re- Americans had remembered the Alamo, each year from exposure to second duce a person’s risk of heart disease our soldiers in World War II remem- hand smoke. Just this year, scientists and stroke, improve symptoms of bered Bataan. We should remember it discovered another danger in ‘‘third COPD, reduce the risk of developing today as a place where America’s fight- hand smoke’’ which describes the smoking-caused cancer, and extend life ing spirit showed itself to the world. chemicals that cling to smokers’’ hair expectancy. Breaking an addition to For those of us from New Mexico, the and clothing, and linger in cushions nicotine is a very difficult process, and events at Bataan strike home particu- and carpeting long after smoke has that is why we should make a variety larly hard. Eighteen hundred men from cleared a room. This residue includes of treatment options available to to- New Mexico’s 200th and 515th regi- heavy metals, carcinogens and even ra- bacco users.

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This legislation would sentence of section 1833(b) of the Social Se- ‘‘and’’ at the end; curity Act (42 U.S.C. 1395l(b)) is amended— make it easier for people to access to- (2) in subparagraph (EE), by inserting (A) by striking ‘‘and’’ before ‘‘(9)’’; and bacco cessation treatment therapies in ‘‘and’’ at the end; and (B) by inserting before the period the fol- three meaningful ways. (3) by adding at the end the following new lowing: ‘‘, and (10) such deductible shall not First, this bill adds a smoking ces- subparagraph: apply with respect to counseling for cessation counseling benefit and coverage ‘‘(FF) counseling for cessation of tobacco sation of tobacco use (as defined in section of FDA-approved tobacco cessation use (as defined in subsection (hhh));’’. 1861(hhh))’’. drugs to Medicare. By 2020, 17 percent (b) SERVICES DESCRIBED.—Section 1861 of (d) APPLICATION OF LIMITS ON BILLING.— the Social Security Act (42 U.S.C. 1395x), as Section 1842(b)(18)(C) of the Social Security of the U.S. population will be 65 years so amended, is amended by adding at the end of age or older. It is estimated that Act (42 U.S.C. 1395u(b)(18)(C)) is amended by the following new subsection: adding at the end the following new clause: Medicare will pay $800 billion to treat ‘‘(hhh) COUNSELING FOR CESSATION OF TO- ‘‘(vii) A licensed tobacco cessation coun- BACCO USE.—(1)(A) Subject to subparagraph tobacco-related diseases over the next selor (as defined in section 1861(hhh)(2)).’’. (B), the term ‘counseling for cessation of to- 20 years. NCLUSION AS PART OF INITIAL PREVEN- bacco use’ means diagnostic, therapy, and (e) I Second, this bill provides coverage TIVE PHYSICAL EXAMINATION.—Section for counseling, prescription and non- counseling services for cessation of tobacco use for individuals who use tobacco products 1861(ww)(2) of the Social Security Act (42 prescription smoking cessation drugs or who are being treated for tobacco use U.S.C. 1395x(ww)(2)) is amended by adding at in the Medicaid program. The bill which are furnished— the end the following new subparagraph: eliminates the provision in current fed- ‘‘(i) by or under the supervision of a physi- ‘‘(O) Counseling for cessation of tobacco eral law that allows states to exclude cian; use (as defined in subsection (hhh)).’’. FDA-approved smoking cessation ‘‘(ii) by a practitioner described in clause (f) EFFECTIVE DATE.—The amendments therapies from coverage under Med- (i), (iii), (iv), (v) or (vi) of section made by this section shall apply to services 1842(b)(18)(C); or furnished on or after the date that is 1 year icaid. Despite the fact that the states after the date of enactment of this Act. have received payments from their suc- ‘‘(iii) by a licensed tobacco cessation counselor (as defined in paragraph (2)). SEC. 3. MEDICARE COVERAGE OF TOBACCO CES- cessful federal lawsuit against the to- ‘‘(B) Such term is limited to— SATION PHARMACOTHERAPY. bacco industry, less than half the ‘‘(i) services recommended in ‘Treating To- (a) INCLUSION OF TOBACCO CESSATION states provide coverage for smoking bacco Use and Dependence: A Clinical Prac- AGENTS AS COVERED DRUGS.—Section 1860D– cessation in their Medicaid program. tice Guideline’, published by the Public 2(e)(1) of the Social Security Act (42 U.S.C. Even if Medicaid covered cessation Health Service in May 2008, or any subse- 1395w–102(e)(1)) is amended— products and services exclusively to quent modification of such Guideline; and (1) in subparagraph (A), by striking ‘‘or’’ pregnant women, we would see signifi- ‘‘(ii) such other services that the Secretary after the semicolon at the end; recognizes to be effective. cant cost savings and health improve- (2) in subparagraph (B), by striking the ‘‘(2) In this subsection, the term ‘licensed comma at the end and inserting ‘‘; or’’; and ments. Children whose mothers smoke tobacco cessation counselor’ means a to- (3) by inserting after subparagraph (B) the during pregnancy are almost twice as bacco cessation counselor who— following new subparagraph: likely to develop asthma as those ‘‘(A) is licensed as such by the State (or in ‘‘(C) any agent approved by the Food and whose mothers did not. Over seven a State which does not license tobacco ces- Drug Administration for purposes of pro- years, reducing smoking prevalence by sation counselors as such, is legally author- moting, and when used to promote, tobacco just one percentage point among preg- ized to perform the services of a tobacco ces- cessation that may be dispensed without a sation counselor in the jurisdiction in which prescription (commonly referred to as an nant women would prevent 57,200 low the counselor performs such services); and birth weight births and save $572 mil- ‘over-the-counter’ drug), but only if such an ‘‘(B) meets uniform minimum standards re- agent is prescribed by a physician (or other lion in direct medical costs. lating to basic knowledge, qualification Finally, this bill ensures that the person authorized to prescribe under State training, continuing education, and docu- law),’’. mentation that are established by the Sec- Maternal and Child Health Program (b) ESTABLISHMENT OF CATEGORIES AND retary for purposes of this subsection.’’. recognizes that medications used to CLASSES CONSISTING OF TOBACCO CESSATION (c) PAYMENT AND ELIMINATION OF COST- promote smoking cessation and the in- AGENTS.—Section 1860D–4(b)(3)(C) of the So- SHARING FOR COUNSELING FOR CESSATION OF clusion of anti-tobacco messages in cial Security Act (42 U.S.C. 1395w– TOBACCO USE.— 104(b)(3)(C)) is amended by adding at the end health promotion are considered part (1) PAYMENT AND ELIMINATION OF COINSUR- the following new clause: of quality maternal and child health ANCE.—Section 1833(a)(1) of the Social Secu- services. rity Act (42 U.S.C. 1395l(a)(1)) is amended— ‘‘(iv) CATEGORIES AND CLASSES OF TOBACCO As Congress examines more closely (A) by striking ‘‘and’’ before ‘‘(W)’’; and CESSATION AGENTS.—There shall be a thera- the impact of tobacco on our country— (B) by inserting before the semicolon at peutic category or class of covered part D considering regulation by the FDA or the end the following: ‘‘, and (X) with respect drugs consisting of agents approved by the to counseling for cessation of tobacco use (as Food and Drug Administration for cessation raising taxes to pay for public health of tobacco use. Such category or class shall priorities—we must make sure we as- defined in section 1861(hhh)), the amount paid shall be 100 percent of the lesser of the include tobacco cessation agents described in sist those fighting this deadly addic- actual charge for the service or the amount subparagraphs (A) and (C) of section 1860D– tion. I hope my colleagues will join me determined by a fee schedule established by 2(e)(1).’’. in cosponsoring this legislation and the Secretary for purposes of this subpara- (c) CONFORMING AMENDMENT.—Section taking a stand for the public health of graph’’. 1860D–2(e)(2)(A) of the Social Security Act (42 our Nation. (2) ELIMINATION OF COINSURANCE IN OUT- U.S.C. 1395w–102(e)(2)(A)), as amended by sec- Mr. President, I ask unanimous con- PATIENT HOSPITAL SETTINGS.— tion 175 of the Medicare Improvements for sent that the text of the bill be printed (A) EXCLUSION FROM OPD FEE SCHEDULE.— Patients and Providers Act of 2008 (Public Law 110-275), is amended by striking ‘‘, other in the RECORD. Section 1833(t)(1)(B)(iv) of the Social Secu- rity Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is than subparagraph (E) of such section (relat- There being no objection, the text of ing to smoking cessation agents),’’. the bill was ordered to be printed in amended by striking ‘‘and diagnostic mam- mography’’ and inserting ‘‘, diagnostic mam- SEC. 4. PROMOTING CESSATION OF TOBACCO the RECORD, as follows: mography, or counseling for cessation of to- USE UNDER THE MEDICAID PRO- S. 770 bacco use (as defined in section 1861(hhh))’’. GRAM. Be it enacted by the Senate and House of Rep- (B) CONFORMING AMENDMENTS.—Section (a) COVERAGE OF TOBACCO CESSATION COUN- resentatives of the United States of America in 1833(a)(2) of the Social Security Act (42 SELING SERVICES.— Congress assembled, U.S.C. 1395l(a)(2)) is amended— (1) IN GENERAL.—Section 1905(a) of the So- SECTION 1. SHORT TITLE. (i) in subparagraph (F), by striking ‘‘and’’ cial Security Act (42 U.S.C. 1396d(a)) is This Act may be cited as the ‘‘Medicare, after the semicolon at the end; amended— Medicaid, and MCH Tobacco Cessation Pro- (ii) in subparagraph (G)(ii), by striking the (A) in paragraph (27), by striking ‘‘and’’ motion Act of 2009’’. comma at the end and inserting ‘‘; and’’; and after the semicolon at the end; SEC. 2. MEDICARE COVERAGE OF COUNSELING (iii) by inserting after subparagraph (G)(ii) (B) in paragraph (28), by striking the FOR CESSATION OF TOBACCO USE. the following new subparagraph: comma at the end and inserting ‘‘; and’’; and (a) COVERAGE.—Section 1861(s)(2) of the So- ‘‘(H) with respect to counseling for ces- (C) by inserting after paragraph (28) the cial Security Act (42 U.S.C. 1395x(s)(2)), as sation of tobacco use (as defined in section following new paragraph:

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‘‘(29) at the option of the State, counseling the date that is 1 year after the date of en- PART III—INVESTMENT IN ELECTRIC DRIVE for cessation of tobacco use (as defined in actment of this Act. AND ADVANCED VEHICLES section 1861(hhh)),’’. Sec. 321. Extension of credit and extension (2) CONFORMING AMENDMENT.—Section By Mr. DORGAN (for himself and of temporary increase in credit 1902(a)(10)(C)(iv) of the Social Security Act Mr. VOINOVICH): for alternative fuel vehicle re- (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by S. 774. A bill to enhance the energy fueling property. inserting ‘‘or (29)’’ after ‘‘(24)’’. security of the United States by diver- Sec. 322. Extension and expansion of credit (b) ELIMINATION OF OPTIONAL EXCLUSION sifying energy sources for onroad for new qualified plug-in elec- FROM MEDICAID PRESCRIPTION DRUG COV- tric drive motor vehicles. ERAGE FOR TOBACCO CESSATION MEDICA- transport, increasing the supply of en- Sec. 323. Extension of credit for certain TIONS.—Section 1927(d)(2) of the Social Secu- ergy resources, and strengthening en- plug-in electric vehicles. rity Act (42 U.S.C. 1396r–8(d)(2)) is amended— ergy infrastructure, and for other pur- Sec. 324. Extension of credit for medium and (1) by striking subparagraph (E); poses; to the Committee on Finance. heavy duty hybrid vehicles. (2) by redesignating subparagraphs (F) Mr. DORGAN. Mr. President, I ask Sec. 325. Credit for heavy duty natural gas through (K) as subparagraphs (E) through unanimous consent that the text of the vehicles. (J), respectively; and PART IV—LOW CARBON LOAN GUARANTEE bill be printed in the RECORD. (3) in subparagraph (F) (as redesignated by PROGRAM There being no objection, the text of paragraph (2)), by inserting before the period Sec. 331. Innovative low-carbon loan guar- at the end the following: ‘‘, other than the bill was ordered to be placed in the antee programs. RECORD, as follows: agents approved by the Food and Drug Ad- PART V—INVESTMENT IN ETHANOL ministration for purposes of promoting, and S. 774 Sec. 341. Research and development of fun- when used to promote, tobacco cessation’’. Be it enacted by the Senate and House of Rep- gible biofuels. (c) REMOVAL OF COST-SHARING FOR TOBACCO resentatives of the United States of America in PART VI—STUDIES ON MARKET PENETRATION CESSATION COUNSELING SERVICES AND MEDI- Congress assembled, CATIONS.—Subsections (a)(2) and (b)(2) of sec- OF RENEWABLE RESOURCES tion 1916 of the Social Security Act (42 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 351. Studies on market penetration of U.S.C. 1396o) are each amended— (a) SHORT TITLE.—This Act may be cited as renewable resources. (1) in subparagraph (D), by striking ‘‘or’’ the ‘‘National Energy Security Act of 2009’’ Subtitle B—Increasing Production From after the comma at the end; or the ‘‘NESA of 2009’’. Fossil Resources (b) TABLE OF CONTENTS.—The table of con- (2) in subparagraph (E), by striking ‘‘; and’’ PART I—OUTER CONTINENTAL SHELF tents of this Act is as follows: and inserting ‘‘, or’’; and Sec. 361. Inventory of Outer Continental (3) by adding at the end the following new Sec. 1. Short title; table of contents. Shelf oil and gas resources. subparagraph: Sec. 2. Findings. Sec. 362. Leasing of offshore areas estimated ‘‘(F)(i) counseling for cessation of tobacco Sec. 3. Definition of Secretary. to contain commercially recov- use described in section 1905(a)(29); or DIVISION A—TRANSMISSION AND erable oil or gas resources. ‘‘(ii) covered outpatient drugs (as defined TRANSPORTATION Sec. 363. Environmental stewardship and al- in paragraph (2) of section 1927(k), and in- TITLE I—ELECTRICITY TRANSMISSION lowable activities. cluding nonprescription drugs described in Sec. 364. Moratorium of oil and gas leasing paragraph (4) of such section) that are pre- Sec. 101. Siting of interstate electric trans- in certain areas of the Gulf of scribed for purposes of promoting, and when mission facilities. Mexico. used to promote, tobacco cessation; and’’. Sec. 102. Recovery of costs for smart grid Sec. 365. Treatment of revenues. (d) INCREASED FMAP FOR TOBACCO CES- technology and advanced mate- PART II—OTHER FOSSIL RESOURCES rials. SATION COUNSELING SERVICES AND MEDICA- Sec. 371. Authorization of activities and ex- TIONS.—The first sentence of section 1905(b) TITLE II—TRANSPORTATION SECTOR ports involving hydrocarbon re- of the Social Security Act (42 U.S.C. 1396d(b)) Subtitle A—Electrification of sources. is amended— Transportation Sector Sec. 372. Travel in connection with author- (1) by striking ‘‘and’’ before ‘‘(4)’’; and Sec. 201. Minimum Federal fleet require- ized hydrocarbon exploration (2) by inserting before the period the fol- ment. and extraction activities. lowing: ‘‘, and (5) for purposes of this title, Sec. 373. Alaska OCS joint lease and permit- Sec. 202. Use of HOV facilities by light-duty the Federal medical assistance percentage ting processing office. plug-in electric drive vehicles. shall be 80 percent with respect to amounts Sec. 374. Alaska Natural Gas Pipeline. Sec. 203. Recharging infrastructure. expended as medical assistance for coun- Sec. 204. Loan guarantees for advanced bat- TITLE II—CLEAN ENERGY TECHNOLOGY seling for cessation of tobacco use described tery purchases. WORKFORCE DEVELOPMENT in subsection (a)(29) and for covered out- Sec. 205. Study of end-of-useful life options Sec. 401. Clean energy technology work- patient drugs (as defined in paragraph (2) of for motor vehicle batteries. force. section 1927(k), and including nonprescrip- Subtitle B—Medium- and Heavy-Duty DIVISION C—GLOBAL RISK tion drugs described in paragraph (4) of such MANAGEMENT section) that are prescribed for purposes of Vehicles Sec. 501. Sense of Congress on geopolitical promoting, and when used to promote, to- Sec. 211. Maximum weight study. consequences of oil dependence. bacco cessation’’. Sec. 212. Fuel economy. Sec. 502. Study of foreign fuel subsidies. (e) EFFECTIVE DATE.—The amendments Subtitle C—Alternative Transportation SEC. 2. FINDINGS. made by this section shall apply to services Technologies furnished on or after the date that is 1 year Congress finds that— after the date of enactment of this Act. Sec. 221. Flexible fuel automobiles. (1)(A) high and volatile international oil Sec. 222. Transportation roadmap study. prices represent an unsustainable threat to SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND DIVISION B—DOMESTIC PRODUCTION the economic and national security of the CHILD HEALTH SERVICES BLOCK AND WORKFORCE DEVELOPMENT United States; and (B) approximately 40 percent of the pri- GRANT PROGRAM. TITLE I—INCREASING SUPPLY (a) QUALITY MATERNAL AND CHILD HEALTH mary energy demand of the United States is Subtitle A—Increasing Production From SERVICES INCLUDES TOBACCO CESSATION met by petroleum, the price for which is set Domestic Resources COUNSELING AND MEDICATIONS.—Section 501 in a fungible and opaque international mar- of the Social Security Act (42 U.S.C. 701) is Sec. 300. Amendment of 1986 Code. ket vulnerable to geopolitical instability and amended by adding at the end the following PART I—INVESTMENT IN RENEWABLE ENERGY increasingly complex barriers to investment; (2)(A) it should be the goal of the United new subsection: Sec. 301. Extension of renewable electricity States to reduce the oil intensity (the num- ‘‘(d) For purposes of this title, quality ma- production credit. ber of barrels of oil required to generate $1 of ternal and child health services include the Sec. 302. Expansion and extension of new gross domestic product) of the national econ- following: clean renewable energy bonds. omy from 2008 levels by at least 50 percent ‘‘(1) Counseling for cessation of tobacco use Sec. 303. Extension of investment tax credit by calendar year 2030 and by at least 80 per- (as defined in section 1861(hhh)). for certain energy property. cent by calendar year 2050; and ‘‘(2) The encouragement of the prescribing Sec. 304. Increase in credit for investment in (B) reduced oil intensity is a primary and use of agents approved by the Food and advanced energy facilities. Drug Administration for purposes of tobacco means for improving the resilience of the cessation. PART II—INVESTMENT IN ALTERNATIVE FUEL economy to high and volatile international ‘‘(3) The inclusion of messages that dis- PROPERTY oil prices; courage tobacco use in health promotion Sec. 311. Extension of credits for alcohol (3) the transportation sector of the United counseling.’’. fuels. States is critical to breaking the oil depend- (b) EFFECTIVE DATE.—The amendment Sec. 312. Extension of credits for biodiesel ence of the United States because the trans- made by subsection (a) shall take effect on and renewable diesel. portation sector—

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.066 S01APPT1 smartinez on PROD1PC64 with SENATE S4182 CONGRESSIONAL RECORD — SENATE April 1, 2009 (A) accounts for nearly 70 percent of total (iv) strengthen the domestic industrial cated at a site that is appropriate for carbon national oil consumption; base required for the development and wide- storage or beneficial reuse. (B) is 97-percent reliant on petroleum for spread implementation of clean energy tech- ‘‘(8) RENEWABLE ENERGY.—The term ‘re- the delivered energy needs of the sector; and nologies; and newable energy’ means electric energy gen- (C) remains an industry of vital national (C) over the long-term, the United States erated from— significance and importance; must focus national security organizations ‘‘(A) solar energy, wind, landfill gas, re- (4)(A) electrification of short-haul trans- on gaining greater clarity on world reserves newable biogas, or geothermal energy; portation represents a likely pathway to re- of energy and strengthening relationships ‘‘(B) new hydroelectric generation capacity duced oil dependence; with certain key nations. achieved from increased efficiency, or an ad- (B) electrified ground transport— SEC. 3. DEFINITION OF SECRETARY. dition of new capacity, at an existing non- (i) promotes fuel diversity because the In this Act, the term ‘‘Secretary’’ means hydroelectric project if— electric power sector uses a diverse range of the Secretary of Energy. ‘‘(i) the hydroelectric project installed on feedstocks; and DIVISION A—TRANSMISSION AND the nonhydroelectric dam— (ii) relies on a portfolio of fuels that are TRANSPORTATION ‘‘(I) is licensed by the Commission; and largely domestic and have prices that are TITLE I—ELECTRICITY TRANSMISSION ‘‘(II) meets all other applicable environ- generally less volatile than oil; and mental, licensing, and regulatory require- (C) electricity prices are generally stable SEC. 101. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES. ments, including applicable fish passage re- relative to oil because the price of fuel in the quirements; electric power sector is a small portion of Section 216 of the Federal Power Act (16 ‘‘(ii) the nonhydroelectric dam— the cost of delivered energy; U.S.C. 824p) is amended— ‘‘(I) was placed in service before the date of (5)(A) electrification of transportation will (1) by striking subsections (a) through (g) enactment of the National Energy Security require a more modern, technologically ad- and inserting the following: ‘‘(a) DEFINITIONS.—In this section: Act of 2009; vanced national electric power system that ‘‘(1) BENEFICIARY.—The term ‘beneficiary’ ‘‘(II) was operated for flood control, navi- draws on a variety of location-constrained means a wholesale or retail customer, mar- generation sources sited in a range of geo- gation, or water supply purposes; and ket participant, or other entity that benefits graphic areas; and ‘‘(III) did not produce hydroelectric power (B) a national transmission system that ef- from a transmission upgrade, enhancement, as of the date of enactment of the National ficiently delivers power across long distances or expansion under a regional transmission Energy Security Act of 2009; and to load centers should be a high priority; plan, including an economic benefit, im- ‘‘(iii) the hydroelectric project is operated (6)(A) widespread deployment of electric provement in service reliability, or reduc- so that the water surface elevation at any vehicles and supporting infrastructure is a tion in greenhouse gas emissions. given location and time that would have oc- long-term process that will require a na- ‘‘(2) CLEAN ENERGY SUPERHIGHWAY.—The curred in the absence of the hydroelectric tional commitment over many years; term ‘Clean Energy Superhighway’ means project is maintained, subject to any license (B) in the interim, steps can be taken to the interstate extra-high voltage trans- requirements imposed under applicable law minimize the danger that oil dependence mission grid overlay established under this that change the water surface elevation for poses to the economic and national security section. the purpose of improving the environmental of the United States; and ‘‘(3) CLEAN ENERGY SUPERHIGHWAY FACIL- quality of the affected waterway, as certified (C) it is critical to— ITY.—The term ‘Clean Energy Superhighway by the Commission; (i) support the continued growth of the do- facility’ means an overhead or underground ‘‘(C) hydrokinetic energy, including— mestic biofuels industry; transmission facility of the Clean Energy ‘‘(i) waves, tides, and currents in oceans, (ii) foster domestic production of conven- Superhighway included in a plan certified estuaries, and tidal areas; tional fuels for which infrastructure and under subsection (b)(9) (including conduc- ‘‘(ii) free flowing water in rivers, lakes, and technology exist; and tors, cables, towers, manhole duct systems, streams; (iii) support deployment of additional re- phase shifting transformers, reactors, ca- ‘‘(iii) free flowing water in man-made newable, cleaner fossil, and nuclear gener- pacitors, and any ancillary facilities and channels, including projects that use non- ating capacity for providing the necessary equipment necessary for the proper oper- mechanical structures to accelerate the flow low emissions, reliable, and dispatchable ation of the facility) that— of water for electric power production pur- power that is essential for the electricity ‘‘(A) operates at or above a voltage of 345 poses; or supply of the United States; kilovolt alternating current; ‘‘(iv) differentials in ocean temperature (7)(A) a robust, dynamic, and diverse ‘‘(B) operates at or above a voltage of 400 through ocean thermal energy conversion; or biofuels industry is an important component kilovolts direct current; ‘‘(D) electricity that is generated from the of a secure United States liquid fuels system; ‘‘(C) is a renewable feeder line that trans- combustion of the biogenic portion of munic- and mits electricity directly or indirectly to the ipal solid waste materials from facilities (B) a stable market for biofuels, including Clean Energy Superhighway; or that comply with the maximum pollutant widespread deployment of flexible fuel vehi- ‘‘(D) is a necessary upgrade to an existing emissions standards established by the Ad- cles, can reduce oil consumption as the transmission facility. ministrator of the Environmental Protection United States transitions to electrified ‘‘(4) GRID-ENABLED VEHICLE.—The term Agency. ground transport; ‘grid-enabled vehicle’ means an electric drive ‘‘(9) RENEWABLE FEEDER LINE.— (8)(A) domestic production of oil and nat- vehicle, electric hybrid vehicle, or fuel cell ‘‘(A) IN GENERAL.—The term ‘renewable ural gas from the Outer Continental Shelf of vehicle that has the ability to communicate feeder line’ means an electricity trans- the United States is a safe and secure means electronically with an electric power pro- mission line that— for increasing energy security in the near- vider or localized energy storage system to ‘‘(i) operates at or above 100 kilovolts al- term; charge or discharge an on-board energy stor- ternating current; (B) high oil import levels in the United age device, such as a battery. ‘‘(ii) connects 1 or more renewable energy States present an added threat to the econ- ‘‘(5) INTERCONNECTION.—The term ‘Inter- generators directly or indirectly to the Clean omy in addition to general price volatility; connection’ has the meaning given the term Energy Superhighway; and and in section 215(a). ‘‘(iii) is identified in the Clean Energy Su- (C) in 2008, the United States net deficit in ‘‘(6) LOAD-SERVING ENTITY.—The term petroleum trade amounted to more than ‘load-serving entity’ means any person, Fed- perhighway plan certified under subsection $380,000,000,000, or nearly 60 percent of the eral, State, or local agency or instrumen- (b)(9). total trade deficit; tality, public utility, or electric cooperative ‘‘(B) INCLUSION.—The term ‘renewable feed- (9) a highly skilled, well trained, and (including an entity described in section er line’ includes an upgrade to an existing adaptable workforce is vital to the economic 201(f)) that delivers electric energy to end- transmission line necessary for interconnec- and energy security of the United States; use customers. tion to a new transmission line described in subparagraph (A). and ‘‘(7) LOCATION-CONSTRAINED RESOURCE.— ‘‘(10) SECRETARY.—The term ‘Secretary’ (10)(A) addressing the twin challenges of ‘‘(A) IN GENERAL.—The term ‘location-con- energy security and global climate change strained resource’ means a low-carbon re- means the Secretary of Energy. now and in the future will require the United source used to produce electricity that is ‘‘(11) STATE.—The term ‘State’ means— States to use all instruments of national geographically constrained such that the re- ‘‘(A) a State; and power, including the military and diplomatic source cannot be relocated to an existing ‘‘(B) the District of Columbia. and intelligence services; transmission line. ‘‘(b) PLANNING.— (B) the United States must develop short- ‘‘(B) INCLUSIONS.—The term ‘location-con- ‘‘(1) PURPOSE.—The purpose of this sub- term policies and strategies that— strained resource’ includes the following section is to plan for a Clean Energy Super- (i) protect key energy infrastructure; types of resources described in subparagraph highway that— (ii) secure critical geographic transit (A): ‘‘(A) expands and modernizes the electrical areas; ‘‘(i) Renewable energy. transmission grid of the United States to (iii) mitigate political instability from en- ‘‘(ii) A fossil fuel electricity plant equipped meet the goals of increasing energy security ergy suppliers; and with carbon capture technology that is lo- and protecting the environment;

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.094 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4183 ‘‘(B) integrates location-constrained re- ments in the region, taking into account po- ‘‘(II) refine the resource assessment on a sources, including renewable and low-carbon tential generation from location-constrained regular basis that is consistent with regional electricity generation; resources and projected load growth; and planning cycles. ‘‘(C) improves delivery of electricity from ‘‘(bb) to possess sufficient market scope to ‘‘(B) TECHNICAL ASSISTANCE.—The Sec- location-constrained resources to load cen- produce economic and operational effi- retary shall provide technical assistance to ters; ciencies. regional planning authorities, on request, to ‘‘(D) ensures sufficient transmission capac- ‘‘(iv) PLANNING PRINCIPLES.—The Commis- assist the authorities in carrying out this ity for future demand growth, including en- sion shall establish rules and procedures for section. ergy efficiency, distributed generation and the designation of regional planning authori- ‘‘(C) CONGESTION STUDIES.— storage, and demand response resources; ties to ensure that the planning process pro- ‘‘(i) IN GENERAL.—The Secretary shall con- ‘‘(E) integrates smart grid technologies; posed by an applicant— duct or update a study of electric trans- ‘‘(F) enhances the reliability and efficiency ‘‘(I) is consistent with the purposes de- mission congestion and report the results of of the electrical transmission grid; scribed in paragraph (1); the study to certified regional planning au- ‘‘(G) relieves congestion on the electrical ‘‘(II) is open, transparent, and nondiscrim- thorities to assist the authorities in carrying transmission grid; inatory; out this section. ‘‘(H) plans, to the maximum extent practicable, for at least 50 percent of light-duty ‘‘(III) includes consultation with all af- ‘‘(ii) RECENT STUDY.—The Secretary shall vehicles used in the United States by cal- fected Federal land management agencies, ensure that a congestion study that is not endar year 2030 to be light-duty grid-enabled Indian tribes, and States within a region; more than 2 years old is available at the vehicles; ‘‘(IV) builds on planning undertaken by time regional planning authorities are cer- ‘‘(I) meets any renewable electricity stand- States, Indian tribes, Federal transmitting tified by the Commission. ard established by law; and utilities, Regional Transmission Organiza- ‘‘(iii) UPDATES.—The Secretary shall up- ‘‘(J) provides the lowest-cost delivered en- tions, Independent System Operators, utili- date a congestion study at least once every ergy to markets. ties, and others; 2 years, consistent with the planning cycle. ‘‘(2) PLANNING REQUIREMENT.— ‘‘(V) is developed in conformance with ‘‘(4) PLANNING PROCESS.— ‘‘(A) IN GENERAL.— Commission requirements for planning using ‘‘(A) IN GENERAL.—Once certified, a re- ‘‘(i) REQUIREMENT.—Not later than 90 days open access transmission tariffs; gional planning authority shall establish a after the date of enactment of the National ‘‘(VI) solicits input from load-serving and regional or Interconnection-wide Clean En- Energy Security Act of 2009, the Commission wholesale entities, transmission owners and ergy Superhighway plan that— shall promulgate regulations consistent with operators, renewable energy developers, en- ‘‘(i) meets the purposes of this subsection; this section for— vironmental organizations, Indian tribes, and ‘‘(I) the operation, composition, and selec- and other interested parties; ‘‘(ii) identifies necessary Clean Energy Su- tion of the regional planning authorities; ‘‘(VII) includes an interim process to perhighway facilities and transmission infra- and evaluate expeditiously whether new renew- structure that need to be added or upgraded ‘‘(II) the contents of, and certification re- able feeder lines should be added to the plan; to achieve the planned Clean Energy Super- quirements for, the regional plans produced and highway. by regional planning authorities. ‘‘(VIII) uses the best available information ‘‘(B) STAKEHOLDER INVOLVEMENT.— ‘‘(ii) REQUIREMENT.—The Commission shall on resources, load, and demand projections. ‘‘(i) IN GENERAL.—In carrying out this sec- certify not less than 1, and not more than 4, ‘‘(v) CERTIFICATION.— tion, a regional planning authority shall es- regional planning authorities for each of the ‘‘(I) IN GENERAL.—Except as provided in tablish a consultative public process that, to Eastern and Western Interconnections of the subclauses (II) and (III), not later than 90 the maximum extent practicable, engages re- United States. days after the date on which the Commission gional stakeholders, including— ‘‘(iii) CLEAN ENERGY SUPERHIGHWAY.—Each issues a request for applications under clause ‘‘(I) public service commissions and other regional planning authority certified by the (ii), the Commission shall certify at least 1 relevant State agencies; Commission shall participate in the develop- regional planning authority for each of the ‘‘(II) load-serving entities and wholesale ment of the Clean Energy Superhighway. Eastern and Western Interconnections. entities that provide transmission and power ‘‘(iv) NUMBER OF REGIONAL PLANNING AU- ‘‘(II) INSUFFICIENT APPLICATION.—Subclause supply services; THORITIES.—The Commission shall minimize, (I) shall not apply if the Commission— ‘‘(III) representatives of the retail cus- to the maximum extent practicable, the ‘‘(aa) has not received an application from tomers of the load-serving entities; number of regional planning authorities in any entity in the applicable Interconnection; ‘‘(IV) transmission owners and operators; the Eastern and Western Interconnections or ‘‘(V) utilities and merchant generators; while ensuring that the entire domestic foot- ‘‘(bb) has received applications from enti- ‘‘(VI) renewable energy developers; print of the Interconnections is covered. ties that do not satisfy the criteria estab- ‘‘(VII) environmental organizations; ‘‘(B) CERTIFICATION OF REGIONAL PLANNING lished by the Commission for a regional ‘‘(VIII) Indian tribes; AUTHORITIES.— planning authority. ‘‘(IX) Federal land use agencies; and ‘‘(i) IN GENERAL.—To be eligible to be cer- ‘‘(III) COMMISSION RESPONSIBILITY.—If the ‘‘(X) other interested parties. tified as a regional planning authority for a region under this subsection, a regional plan- Commission does not receive sufficient appli- ‘‘(ii) CRITERIA.—A regional planning au- ning organization shall apply to, and be ap- cations as described in subclause (II) for any thority shall encourage stakeholders, to the proved by, the Commission. portion of an Interconnection, the Commis- maximum extent practicable, to provide ‘‘(ii) REQUEST FOR APPLICATIONS.—Not later sion shall— input to establish criteria based on para- than 90 days after the date of enactment of ‘‘(aa) assume the responsibilities of a re- graphs (1) and (2)(B)(iv) to create a Clean En- National Energy Security Act of 2009, the gional planning authority for the uncovered ergy Superhighway plan. Commission shall issue a request for from portion of the Interconnection; and ‘‘(iii) PUBLIC MEETINGS.—A regional plan- entities seeking to be certified as a regional ‘‘(bb) submit to Congress written notifica- ning authority shall provide notice and hold planning authority for the Eastern or West- tion of an intent to assume responsibility public meetings to solicit public input in ern Interconnection. under this subclause at least 30 days before carrying out this subsection. ‘‘(iii) ELIGIBILITY.— the date that responsibility is assumed. ‘‘(5) PLANNING.—Not later than 1 year after ‘‘(I) IN GENERAL.—Any group of Regional ‘‘(C) OVERSIGHT OF REGIONAL PLANNING AU- the certification of a regional planning au- Transmission Organizations, Independent THORITIES.—The Commission shall establish thority under this subsection, the certified System Operators, regional entities (as de- procedures to oversee certified regional plan- regional planning authority shall submit to fined in section 215(a)), or other multistate ning authorities under this subsection. the Commission for approval a Clean Energy organizations or entities may apply to be ‘‘(3) DUTIES OF SECRETARY.— Superhighway plan that— certified as a regional planning authority ‘‘(A) RESOURCE ASSESSMENTS.— ‘‘(A) evaluates potential location-con- under this subsection. ‘‘(i) IN GENERAL.—The Secretary shall constrained resources; ‘‘(II) STATE PARTICIPATION.—An organiza- duct nationwide assessments to identify ‘‘(B) provides for long-term planning for tion that applies for certification under sub- areas with a significant potential for the de- both the 10 year- and 20 year-horizons, that clause (I) shall invite the Governor or the velopment of location-constrained resources. takes into account future demand growth designee of the Governor from each affected ‘‘(ii) FORMATS.—The resource assessments and reasonable models of future generation State and a representative from each af- shall be made available to the public in mul- growth, including energy efficiency, demand fected Indian tribe to participate in the orga- tiple formats, including in a Geographical response, and distributed storage and genera- nization. Information System compatible format. tion; ‘‘(III) MINIMUM SIZE.—To be certified as a ‘‘(iii) TIMING.—The Secretary shall— ‘‘(C) establishes (in consultation with Fed- regional planning authority under this sub- ‘‘(I) make the initial resource assessment eral and State land agencies, environmental paragraph, an organization shall represent a required under this subparagraph not later groups, and Indian tribes) appropriate areas region that is of sufficient size— than 180 days after the date of enactment of to be avoided in siting of Clean Energy Su- ‘‘(aa) to encompass generation resources the National Energy Security Act of 2009; perhighway facilities, to the maximum ex- that are sufficient to meet load require- and tent practicable, including—

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‘‘(i) national parks, national marine sanc- ‘‘(i) PUBLIC COMMENT.—The Commission ‘‘(B) SURCHARGE.—A regional planning au- tuaries, reserves, recreation areas, and other shall provide an opportunity for public com- thority shall— similar units of the National Park System; ment on each plan submitted by a regional ‘‘(i) establish a Federal transmission sur- ‘‘(ii) designated wilderness, designated wil- planning authority. charge based on a formula rate that is sub- derness study areas, and other areas man- ‘‘(ii) MODIFICATIONS.— mitted to the Commission for approval; and aged for wilderness characteristics; ‘‘(I) IN GENERAL.—The Commission may ‘‘(ii) adjust the formula and surcharge on ‘‘(iii) national historic sites and historic modify or reject a plan as necessary to an annual basis. parks; achieve the purposes of this section. ‘‘(C) COST RESPONSIBILITY.—Cost responsi- ‘‘(iv) inventoried roadless areas and signifi- ‘‘(II) OPINION.—If the Commission modifies bility under each surcharge shall be assigned cant noninventoried roadless areas within or rejects a plan, not later than 60 days after based on energy usage to all load-serving en- the National Forest System; the date the plan is submitted by the re- tities within each regional planning author- ‘‘(v) national monuments; gional planning authority, the Commission ity. ‘‘(vi) national conservation areas; shall provide a written opinion to the re- ‘‘(D) LIMITATION.—The total amount of sur- ‘‘(vii) national wildlife refuges and areas of gional planning authority that contains the charges that may be imposed or collected na- critical environmental concern; facts and reasons supporting the action of tionally under this paragraph shall not ex- ‘‘(viii) national historic and national sce- the Commission. ceed $80,000,000 for any calendar year. nic trails; ‘‘(iii) RESUBMISSION.—Subject to paragraph ‘‘(E) OTHER FUNDS.—Funds made available ‘‘(ix) areas designated as critical habitat; (10)(A)(iii), if the Commission rejects a plan, for transmission planning under the Amer- ‘‘(x) national wild, scenic, and recreational the regional planning authority may submit ican Recovery and Reinvestment Act of 2009 rivers; a revised plan within 90 days of the Commis- (Public Law 111–5) may be used to carry out ‘‘(xi) any area in which Federal law pro- sion’s rejection. this subsection. hibits energy development; and ‘‘(iv) CERTIFICATION.—If the Commission ‘‘(c) COST ALLOCATION.— ‘‘(xii) any area in which applicable State determines that a plan meets the purposes of ‘‘(1) PURPOSES.—The purposes of this sub- law or Indian tribal code enacted prior to the this section, the Commission shall certify section are— date of enactment of the National Energy the plan for establishing a Clean Energy Su- ‘‘(A) to ensure that the costs of the Clean Security Act of 2009 prohibits transmission perhighway. Energy Superhighway are borne widely by development; ‘‘(10) BEST PRACTICES.—The Commission all beneficiaries of new transmission and are ‘‘(D) identifies the transmission infrastruc- shall— not borne disproportionately by ratepayers ture to be included as Clean Energy Super- ‘‘(A) conduct regular reviews of best prac- or generators in specific areas; and highway facilities, taking into consider- tices in planning under this subsection; and ‘‘(B) to promote the national interest in an ation— ‘‘(B) make available and use those best Clean Energy Superhighway in accordance ‘‘(i) that, to the maximum extent prac- practices in carrying out this subsection. with the purposes of this part. ticable— ‘‘(11) TIMING.— ‘‘(2) SUBMISSION.—Not later than 1 year ‘‘(I) areas with the potential for the devel- ‘‘(A) IMPLEMENTATION.— after the date of the certification of the last opment of location-constrained resources ‘‘(i) IN GENERAL.—Not later than 1 year regional planning authority, all regional shall be connected to the Clean Energy Su- after the date of certification by the Com- planning authorities within an Interconnec- perhighway; mission, a regional planning authority shall tion may submit jointly a single integrated ‘‘(II) load centers shall be connected to the complete the planning process required Interconnection-wide cost allocation pro- Clean Energy Superhighway; and under this section. posal to the Commission for allocating the ‘‘(III) areas in subparagraph (C) shall be ‘‘(ii) WITHHOLDING OF PLANNING FUNDS.—If costs of Clean Energy Superhighway facili- avoided by the Clean Energy Superhighway; the Commission has not received a plan from ties under this section. and a regional planning authority by the date ‘‘(3) ACTION BY COMMISSION.—Not later than ‘‘(ii) all other relevant factors; that is 1 year after the date of the certifi- 120 days after the date of receipt of a cost-al- ‘‘(E) performs necessary engineering anal- cation of the regional planning authority by location plan submitted under paragraph (2), yses; the Commission, the Commission shall— the Commission shall— ‘‘(F) permits persons to propose to the re- ‘‘(I) determine the cause for the delay; and ‘‘(A) provide notice and an opportunity for gional planning authority Clean Energy Su- ‘‘(II) inform the Secretary, who may with- a hearing; perhighway facilities to meet the needs iden- hold future planning funds from the regional ‘‘(B) evaluate the plan; and tified in the long-term plan of the regional planning authority under this subsection, if ‘‘(C)(i) approve the plan if the Commission planning authority; and the Commission determines that the process finds that the plan results in just and reason- ‘‘(G) considers staging of projects, includ- of the regional planning authority is not suf- able rates that promote the purposes of this ing the logical order of building and con- ficiently implementing this subsection. section (including this subsection); or struction timelines. ‘‘(iii) ASSUMPTION OF PLANNING RESPONSI- ‘‘(ii) reject or modify the plan if the Com- ‘‘(6) ALLOWANCE OF WAIVERS FOR CERTAIN BILITY.—If the Commission has not certified mission finds that the plan does not result in LINES.—A regional planning authority may the regional plan for a region by the date just and reasonable rates that promote the petition the Commission to allow the inclu- that is 18 months after the date of the cer- purposes of this section (including this sub- sion of 230 kilovolt lines in an approved plan tification of the regional planning authority section). if the regional planning authority dem- by the Commission, the Commission shall as- ‘‘(4) RESUBMISSION OF PLAN.— onstrates to the Commission that unique resume the responsibility for creating a re- ‘‘(A) IN GENERAL.—If the Commission regional conditions exist that require a lower gional plan for the region consistent with jects the cost allocation plan under para- voltage line. the planning process established under paragraph (3)(C)(ii), the Commission shall give ‘‘(7) MULTIPLE REGIONAL PLANNING AUTHORI- graph (4). guidance to the regional planning authori- TIES.— ‘‘(iv) NOTIFICATION.—The Commission shall ties on remediation measures. ‘‘(A) IN GENERAL.—If more than 1 regional submit to Congress written notification of ‘‘(B) RESUBMISSION.—Not later than 90 days planning authority is certified in an Inter- an intent to assume responsibility under after the date of the rejection, the regional connection, the regional planning authori- clause (iii) at least 30 days before the date planning authorities may submit to the ties in the Interconnection shall ensure that that responsibility is assumed. Commission a revised cost allocation plan the submitted plan integrates with the other ‘‘(B) UPDATES.—Not later than 2 years for the region under this subsection. plans in the Interconnection. after the initial establishment of a plan ‘‘(C) MODIFICATIONS.— ‘‘(B) MODIFICATION.—The Commission shall under this section and every 2 years there- ‘‘(i) IN GENERAL.—Not later than 60 days modify the plans submitted under paragraph after, a regional planning authority shall (in after the date of resubmission of a cost-allo- (9)(B), as necessary, to ensure that plans es- accordance with procedures required for the cation plan, the Commission shall approve, tablished under this section are integrated. initial establishment of a plan) review and modify, or reject the plan as necessary to ‘‘(8) COORDINATION.—In the development of (as necessary) modify the plan established achieve the purposes of this section. a Clean Energy Superhighway plan, a re- under this section to ensure that the plan ‘‘(ii) OPINION.—If the Commission modifies gional planning authority shall coordinate, promotes the purposes of this section. or rejects a plan, not later than 60 days after as appropriate, with planning authorities ‘‘(12) RECOVERY OF COSTS ASSOCIATED WITH the date the plan is resubmitted by the re- and other interested parties in Canada, Mex- INTERCONNECTION-WIDE TRANSMISSION GRID gional planning authority, the Commission ico, the Electric Reliability Council of PROJECT PLANNING.— shall provide a written opinion to the re- Texas, and other Interconnections. ‘‘(A) IN GENERAL.—A regional planning au- gional planning authority that contains the ‘‘(9) NATIONAL PLAN CERTIFICATION.— thority and a participating State shall be facts and reasons supporting the action of ‘‘(A) IN GENERAL.—The Commission shall permitted to recover prudently incurred the Commission. determine whether the plans submitted by costs to carry out the planning activities re- ‘‘(5) COMMISSION ALLOCATION OF COSTS.—If the regional planning authorities under this quired under this subsection pursuant to a the regional planning authorities do not sub- subsection carry out the purposes of this sec- Federal transmission surcharge that will be mit an Interconnection-wide cost allocation tion. established by the Commission for the pur- plan within the time periods specified in ‘‘(B) ADMINISTRATION.— poses of carrying out this section. paragraphs (2) and (4) or if the Commission

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.094 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4185 does not approve a cost allocation plan sub- dated record for all decisions made or ac- Commission shall publish (together with a mitted by the regional planning authorities tions taken by the Commission or by a Fed- description of the basis for each finding)— for an Interconnection, the Commission shall eral, State, Indian tribe administrative ‘‘(I) a finding that adoption of the rec- allocate the costs of new transmission in the agency, or officer under this subsection. ommendation of the siting dispute resolution region under this section to all of the load- ‘‘(xi) SITING DISPUTE RESOLUTION BOARD.— board is inconsistent with the purposes and serving entities in the Interconnection on a The Commission shall establish a siting dis- requirements of this section or with other load-ratio share basis. pute resolution board that is consistent with applicable provisions of Federal law; or ‘‘(6) IMPLEMENTATION.— the terms and conditions of section 5.14 of ‘‘(II) a finding that adopts the rec- ‘‘(A) IN GENERAL.—The Commission shall title 18, Code of Federal Regulations and ommendations of the siting dispute resolu- adopt such rules, require inclusion of such paragraph (3)(B), as determined by the Com- tion board conditions selected by the Com- provisions in transmission tariffs, and take mission. mission comply with the State siting con- such other actions as are necessary to effi- ‘‘(C) CERTIFICATE OF PUBLIC CONVENIENCE straints and mitigation measures described ciently— AND NECESSITY.—An applicant shall comply in subparagraph (A). ‘‘(i) collect the costs for development and with the prefiling process established under ‘‘(4) FEDERAL AUTHORITY.— operation of Clean Energy Superhighway fa- this paragraph before filing an application ‘‘(A) IN GENERAL.—Except as otherwise pro- cilities; and for a certificate of public convenience and vided in this subsection, the Commission ‘‘(ii) distribute the resultant revenues to necessity with the Commission. shall have exclusive jurisdiction over the owners of the facilities. ‘‘(3) STATE SITING CONSTRAINTS.— granting of a certificate for the siting of a ‘‘(B) TRANSMISSION CUSTOMER.—The rules ‘‘(A) STATE AGENCY.— Clean Energy Superhighway facility. or tariffs may consider each load-serving en- ‘‘(i) IN GENERAL.—The Governor of a State ‘‘(B) RIGHTS OF WAY.— tity in an Interconnection to be a trans- in which a Clean Energy Superhighway facil- ‘‘(i) IN GENERAL.—The Secretary of the In- mission customer under 1 or more of the tar- ity is proposed pursuant to paragraph (2) terior shall provide a route for a Clean En- iffs established for collection of the costs for shall designate the appropriate State agency ergy Superhighway facility on public land in development and operation of Clean Energy to coordinate with the Commission on siting. accordance with the terms and conditions of Superhighway facilities. ‘‘(d) SITING.— ‘‘(ii) SITING CONSTRAINTS AND MITIGATION agency land use plans. ‘‘(1) PURPOSES.—The purpose of the inte- MEASURES.— ‘‘(ii) INDIAN LAND.—In carrying out this grated siting process provided for in this sub- ‘‘(I) IN GENERAL.—Applicants shall work subparagraph, the Secretary of the Interior section is to provide an efficient and timely with affected States in the prefiling process shall use the process established under the certification process that ensures participa- described in paragraph (2). terms and conditions of section 2604 of the tion of Federal land management agencies, ‘‘(II) DESIGNATED STATE AGENCY.—At the Energy Policy Act of 1992 (25 U.S.C. 3504) and States, and Indian tribes, and the appro- conclusion of the prefiling process, the des- the Act of February 5, 1948 (25 U.S.C. 323 et priate protection of resources, in siting ap- ignated State agency may identify and com- seq.) (including applicable regulations) to es- plications before the Commission. municate to the applicant and the Commis- tablish a right-of-way for a Clean Energy Su- ‘‘(2) PREFILING.— sion information on siting constraints and perhighway on Indian land, as determined by ‘‘(A) IN GENERAL.—Not later than 180 days mitigation measures (including habitat pro- the Secretary of the Interior. after the date of enactment of the National tection, environmental considerations, cul- ‘‘(iii) CONNECTION OF INDIVIDUAL LINES.— Energy Security Act of 2009, the Commission tural site protection, or other factors) for a The Commission shall work with the Sec- shall promulgate regulations to implement Clean Energy Superhighway facility within retary of the Interior to ensure that the an integrated prefiling process for the prepa- the State. routing of an individual line across public ration of an application for the certification ‘‘(B) SITING DISPUTE RESOLUTION BOARD.— and private land is appropriately connected. of a Clean Energy Superhighway facility. ‘‘(i) IN GENERAL.—During the prefiling ‘‘(5) SCHEDULE.— ‘‘(B) PREAPPLICATION INFORMATION.— process for each Clean Energy Superhighway ‘‘(A) IN GENERAL.—The Commission shall ‘‘(i) IN GENERAL.—The regulations for the facility application, the Commission shall establish a schedule for all Federal author- prefiling process shall include the appro- establish a siting dispute resolution board to izations under this subsection. priate information required for the Commis- ensure appropriate siting within and across ‘‘(B) ADMINISTRATION.—In establishing the sion to determine if the proposed facility is the borders of the State. schedule, the Commission shall— included in the Clean Energy Superhighway ‘‘(ii) COMPOSITION.—The board for a Clean ‘‘(i) ensure expeditious completion of all plan certified by the Commission under sub- Energy Superhighway facility shall be com- such proceedings; and section (b)(9). posed of— ‘‘(ii) comply with applicable schedules es- ‘‘(ii) STEPS.—The regulations shall estab- ‘‘(I) 1 representative of the Commission, tablished by Federal law. lish a list of steps that shall be completed who is not otherwise involved in the applica- ‘‘(6) EXISTING CORRIDORS.—A route for a before submitting an application for a cer- ble proceeding; Clean Energy Superhighway facility shall, to tificate, including the steps required under ‘‘(II) 1 representative of each affected the maximum extent practicable, use exist- this subparagraph. State, as designated by the Governor, and ing corridors, including multiuse and high- ‘‘(iii) NOTICE OF INTENT TO APPLY.—The ap- who is not otherwise involved in the pro- way corridors. plicant shall submit to the Commission a no- ceeding; and ‘‘(7) ENVIRONMENTAL PROTECTION.— tice of intent to apply for a Clean Energy Su- ‘‘(III) 1 independent person with expertise ‘‘(A) IN GENERAL.—Except as otherwise spe- perhighway certificate that includes a pre- in the area, selected by the other 2 panelists cifically provided in this section, nothing in liminary routing plan. from a preestablished list of individuals who this section affects any requirements of an ‘‘(iv) DETERMINATION OF INCLUSION IN have that expertise (as established by the environmental law of the United States, in- PLAN.—The Commission shall determine Commission). cluding the National Environmental Policy whether the proposed facility is included in a ‘‘(iii) APPEALS.—If the applicant does not Act of 1969 (42 U.S.C. 4321 et seq.). Clean Energy Superhighway plan certified agree with the siting constraints and mitiga- ‘‘(B) ENVIRONMENTAL REVIEW OF INDIVIDUAL under subsection (b)(9). tion measures proposed by a State, the appli- LINES.—In the case of a Clean Energy Super- ‘‘(v) NOTIFICATION.—The Commission shall cant may appeal the constraints and meas- highway facility, the Commission shall— provide notice to the public, affected States, ures to the appropriate siting dispute resolu- ‘‘(i) serve as lead agency for the purposes Federal land agencies, and Indian tribes of a tion board. of coordinating the environmental review notice of any intent to apply for a certifi- ‘‘(iv) DECISION.—The board shall— that is required by law between all relevant cate. ‘‘(I) make a decision on any appeal made Federal agencies; ‘‘(vi) PREFILING SCHEDULE.—The Commis- under clause (iii); and ‘‘(ii) in consultation with the affected Fed- sion shall establish a prefiling schedule for ‘‘(II) submit to the Commission a rec- eral and State agencies and Indian tribes, the applicant, agencies, and Indian tribes. ommendation for final dispute resolution. prepare a single environmental review docu- ‘‘(vii) STATE SITING CONSTRAINTS.—The ap- ‘‘(C) FEDERAL ACTION.— ment as required under the National Envi- plicant shall consider the State siting con- ‘‘(i) IN GENERAL.—The Commission shall in- ronmental Policy Act of 1969 (42 U.S.C. 4321 straints identified under paragraph (3). corporate State siting constraints and miti- et seq.); and ‘‘(viii) CONSULTATION.—The applicant shall gation measures in the certificate issued ‘‘(iii) in the case of a line that traverses consult with affected States, Federal land under paragraph (9), unless the Commission Federal land, take any action that is re- agencies, and Indian tribes in carrying out finds that any recommendation referred to quired under the terms and conditions of ap- this subsection in subparagraph (A) (based on the rec- plicable land use plans. ‘‘(ix) EARLY SCOPING PROCESS.—The Com- ommendation of the applicable sitting dis- ‘‘(C) DEADLINE.—The environmental remission shall conduct an early scoping proc- pute resolution board) is inconsistent with views described in subparagraph (B) shall be ess that is consistent with the terms and the purposes and requirements of this sec- completed not later than 1 year after date of conditions of section 5.8 of title 18, Code of tion or other applicable Federal law. application for a certificate. Federal Regulations (or a successor section), ‘‘(ii) FINDINGS.—If (after any proceedings of ‘‘(D) MEMORANDUM OF UNDERSTANDING.— as determined by the Commission. a siting dispute resolution board) the Com- Not later than 1 year after the date of enact- ‘‘(x) CONSOLIDATED RECORD.—The Commis- mission does not adopt in whole or in part a ment of the National Energy Security Act of sion shall create and maintain a consoli- recommendation of the State agency, the 2009, the Commission shall enter into a

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memorandum of understanding with all ap- in subparagraph (A)(iii), the Commission ‘‘(2) PLUG-IN ELECTRIC DRIVE VEHICLES.—Of plicable Federal land agencies to create a shall presume that there is a public need for the total number of vehicles acquired by a streamlined and consolidated environmental a proposed project that is included in the Federal fleet under paragraph (1), at least review process to carry out this section. Clean Energy Superhighway plan developed the following percentage of the vehicles shall ‘‘(8) CERTIFICATE OF PUBLIC CONVENIENCE pursuant to this section or that constitutes be plug-in electric drive vehicles (as defined AND NECESSITY.— all of or a portion of a renewable feeder line. in section 131(a) of the Energy Independence ‘‘(A) IN GENERAL.—No individual or entity ‘‘(10) RIGHT OF EMINENT DOMAIN.— and Security Act of 2007 (42 U.S.C. 17011(a))): (including States and entities described in ‘‘(A) IN GENERAL.—If any holder of a cer- ‘‘(A) 10 percent for fiscal year 2012. subsection (f)) shall construct, acquire, or tificate issued under paragraph (9) cannot ac- ‘‘(B) The applicable percentage for the pre- operate any Clean Energy Superhighway fa- quire by contract, or is unable to agree with ceding fiscal year increased by 5 percentage cility, or modify a Clean Energy Super- the owner of property on the compensation points (but not to exceed a total of 50 perhighway facility for which a certificate was to be paid for, the right-of-way to construct, cent) for fiscal year 2013 and each subsequent previously issued under this subsection, un- operate, and maintain the project to which fiscal year.’’; and less there is in force with respect to the indi- the certificate relates, and the necessary (C) in paragraph (3) (as redesignated by vidual or entity a certificate of public con- land or other property necessary to the prop- subparagraph (A)), by inserting ‘‘or (2)’’ after venience and necessity issued by the Com- er operation of the project, the holder may ‘‘paragraph (1)’’; and mission authorizing such acts or operation. acquire the right-of-way by the exercise of (2) by striking subsection (c) and inserting ‘‘(B) APPLICATION FOR CERTIFICATE.—Any the right of eminent domain through a pro- the following: individual or entity that seeks to operate, ceeding in— ‘‘(c) ALLOCATION OF INCREMENTAL COSTS.— construct, acquire, or modify any Clean En- ‘‘(i) the United States district court for the Subject to the availability of funds appro- ergy Superhighway facility shall— district in which the property is located; or priated to carry out this subsection (to re- ‘‘(i) complete the prefiling process under ‘‘(ii) a State court, to the extent permitted main available until expended), the General paragraph (2); under State law. Services Administration shall pay the incre- ‘‘(ii) submit to the Commission a written ‘‘(B) PRACTICE AND PROCEDURE.—The prac- mental cost of alternative fueled vehicles application in such form and containing such tice and procedure for any action or pro- over the cost of comparable gasoline vehicles information as the Commission may by regu- ceeding described in subparagraph (A) in a for vehicles that the Administration pur- lation require; and United States district court shall conform, chased for the use of the Administration or ‘‘(iii) provide notice of and opportunity for to the maximum extent practicable, to the on behalf of other agencies, in a total hearing on the application to interested par- practice and procedure for similar actions or amount of not to exceed $300,000,000 for any ties in such manner as the Commission shall proceedings in the courts of the State in of fiscal years 2012 through 2016.’’; by regulation require. which the property is located.’’; (3) in subsection (f), by adding at the end ‘‘(C) HEARING.—On receipt of an applica- (2) by striking subsections (i), (j), (k); the following: tion under this paragraph, the Commission— (3) by redesignating subsection (h) as sub- ‘‘(4) COMPLIANCE.—Compliance with this ‘‘(i) shall— section (e); subsection shall not relieve the Federal ‘‘(I) provide notice and opportunity to in- (4) in subsection (e) (as redesignated by agency of the obligations of the agency terested persons; and paragraph (3))— under subsection (b).’’; and ‘‘(II) include any applicable conditions; and (A) in paragraph (2), by striking ‘‘Depart- (4) in subsection (g), by striking ‘‘fiscal ‘‘(ii) may approve or disapprove the appli- ment of Energy’’ and inserting ‘‘Federal En- years 1993 through 1998’’ and inserting ‘‘each cation, in accordance with paragraph (9). ergy Regulatory Commission (referred to in fiscal year’’. ‘‘(9) GRANT OF CERTIFICATE.— this subsection as the ‘Commission’)’’; and ‘‘(A) IN GENERAL.—A certificate shall be SEC. 202. USE OF HOV FACILITIES BY LIGHT- (B) in paragraph (3), by striking ‘‘Sec- issued to a qualified applicant for the certifi- DUTY PLUG-IN ELECTRIC DRIVE VE- retary’’ and inserting ‘‘Commission’’; and HICLES. cate authorizing the whole or partial oper- (5) by adding at the end the following: Section 166(b)(5) of title 23, United States ation, construction, acquisition, or modifica- ‘‘(f) APPLICABILITY.—This section does not Code, is amended— tion covered by the application, only if the apply to the State of Alaska or Hawaii or to (1) in subparagraph (A), by striking ‘‘Be- Commission determines that— the Electric Reliability Council of Texas, un- ‘‘(i) the facility is included in the Clean fore’’ and inserting ‘‘Except as provided in less the State or the Council voluntarily Energy Superhighway plan certified by the subparagraph (D), before’’; elects to be covered by this section. Commission; (2) in subparagraph (B), by striking ‘‘Be- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) 1 or more applicants are able and will- fore’’ and inserting ‘‘Except as provided in There are authorized to be appropriated such ing— subparagraph (D), before’’; and sums are necessary to carry out this sec- ‘‘(I) to carry out the acts and perform the (3) by adding at the end the following: tion.’’. service proposed; and ‘‘(D) USE BY PLUG-IN ELECTRIC DRIVE VEHI- ‘‘(II) to comply with this Act (including SEC. 102. RECOVERY OF COSTS FOR SMART GRID CLES.— regulations); and TECHNOLOGY AND ADVANCED MA- ‘‘(i) DEFINITION OF PLUG-IN ELECTRIC DRIVE TERIALS. VEHICLE.—In this subparagraph, the term ‘‘(iii) the proposed operation, construction, Section 219(b)(4) of the Federal Power Act acquisition, or modification, to the extent ‘plug-in electric drive vehicle’ has the mean- (16 U.S.C. 824s(b)(4)) is amended— authorized by the certificate, is or will be re- ing given the term in section 131(a) of the (1) in subparagraph (A), by striking ‘‘and’’ quired by the present or future public con- Energy Independence and Security Act of after the semicolon at the end; venience and necessity. 2007 (42 U.S.C. 17011(a)). (2) in subparagraph (B), by striking the pe- ‘‘(B) TERMS AND CONDITIONS.—The Commis- ‘‘(ii) USE OF HOV FACILITIES.—A State agen- riod at the end and inserting a semicolon; sion shall have the power to attach to the cy— and issuance of a certificate under this para- ‘‘(I) shall permit vehicles that are certified (3) by adding at the end the following: graph and to the exercise of the rights grant- as low emission and energy-efficient vehicles ‘‘(C) all prudently incurred costs relating ed under the certificate such reasonable in accordance with subsection (e) that are to the deployment of smart grid technology terms and conditions as the public conven- light-duty plug-in electric drive vehicles, for transmission infrastructure (within the ience and necessity may require, including and that are purchased on or before Decem- meaning of title XIII of the Energy Inde- (as may be required by applicable law) land ber 31 of the calendar year described in pendence and Security Act of 2007 (42 U.S.C. use plans or applicable rights-of-way. clause (iii), as determined by the Secretary, 17381 et seq.)); and ‘‘(C) EVALUATION OF ABILITIES OF APPLI- to use HOV facilities in the State; and ‘‘(D) all prudently incurred costs relating CANT.— ‘‘(II) shall not impose any toll or other to the use of advanced materials for the con- ‘‘(i) IN GENERAL.—In evaluating the ability charge on such a vehicle for use of a HOV fa- struction of technology transmission facili- of 1 or more applicants described in subpara- cility in the State. ties if the advanced materials are at least 25 graph (A)(ii), the Commission shall consider ‘‘(iii) CALENDAR YEAR.—The calendar year percent more efficient than standard trans- whether the financial and technical capabili- referred to in clause (ii)(I) is the calendar mission materials.’’. ties of the applicant are adequate to support year during which, as determined by the Sec- construction and operation of the project TITLE II—TRANSPORTATION SECTOR retary, the aggregate number of plug-in elec- proposed in the application. Subtitle A—Electrification of Transportation tric drive vehicles sold in the United States ‘‘(ii) JOINT OWNERSHIP PROJECTS.—In evalu- Sector during all calendar years exceeds 2,000,000. ating applications that feature joint owner- SEC. 201. MINIMUM FEDERAL FLEET REQUIRE- ‘‘(iv) PETITION.—A State may petition the ship projects by multiple load-serving or MENT. Secretary to limit or discontinue the use of wholesale entities, the Commission shall Section 303 of the Energy Policy Act of a HOV facility by plug-in electric drive vehi- consider benefits from the greater diver- 1992 (42 U.S.C. 13212) is amended— cles if the State demonstrates to the Sec- sification of financial risk inherent in the (1) in subsection (b)— retary that the presence of the plug-in elec- applications. (A) by redesignating paragraphs (2) and (3) tric drive vehicles has degraded the oper- ‘‘(D) PUBLIC CONVENIENCE AND NECESSITY.— as paragraphs (3) and (4), respectively; ation of the HOV facility.’’. In making a determination with respect to (B) by inserting after paragraph (1) the fol- SEC. 203. RECHARGING INFRASTRUCTURE. public convenience and necessity described lowing: (a) DEFINITIONS.—In this section:

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(1) LOCAL GOVERNMENT.—The term ‘‘local (2) ELIGIBILITY.—To be eligible to obtain a retary shall submit to the appropriate com- government’’ has the meaning given the grant or loan under this subsection, a local mittees of Congress a report on the results of term in section 3371 of title 5, United States government shall— the study conducted under subsection (a), in- Code. (A) demonstrate to the Secretary that the cluding any recommendations. (2) PLUG-IN ELECTRIC DRIVE VEHICLE.—The applicant has taken into consideration the Subtitle B—Medium- and Heavy-Duty term ‘‘plug-in electric drive vehicle’’ has the findings of the report submitted under sub- Vehicles meaning given the term in section 131(a) of section (b)(3), unless the local government SEC. 211. MAXIMUM WEIGHT STUDY. the Energy Independence and Security Act of demonstrates to the Secretary that an alter- (a) IN GENERAL.—The Secretary of Trans- 2007 (42 U.S.C. 17011(a)). native variety and density of recharging in- portation, in consultation with the Adminis- (3) RANGE EXTENSION INFRASTRUCTURE.— frastructure options would better meet the trator of the National Highway Traffic Safe- The term ‘‘range extension infrastructure’’ purposes of this section; and ty Administration, shall conduct a study to includes equipment, products, or services for (B) agree not to charge a premium for use investigate whether oil savings goals can be recharging plug-in electric drive vehicles of a parking space used to recharge an elec- achieved in the trucking industry without that— tric drive vehicle other than a charge for adverse safety consequences by determining (A) are available to retail consumers of electric energy. the safety impacts and other effects of in- electric drive vehicles on a non-discrimina- (3) GUIDELINES.—The Secretary shall estab- creasing the maximum allowable gross tory basis; lish guidelines for carrying out this sub- weight for vehicles using the Interstate Sys- (B) provide for extending driving range section that are consistent with the report tem to allow for larger, more fuel-efficient through battery exchange or rapid resubmitted under subsection (b)(3). tractor-trailers. charging; and (4) AUTHORIZATION OF APPROPRIATIONS.— (b) STUDY COMPONENTS.—In conducting the (C) are comparable in convenience and There is authorized to be appropriated to the study under this section, the Secretary of price to petroleum-based refueling services. Secretary to carry out this subsection a Transportation shall— (b) STUDY.— total of $250,000,000 for grants and a total of (1) determine whether a vehicle with a sup- (1) IN GENERAL.—The Secretary shall con- $250,000,000 for loans, to remain available plementary sixth axle and a gross weight of duct a study of— until expended. up to 97,000 pounds that is traveling at 60 (A) the number and distribution of re- SEC. 204. LOAN GUARANTEES FOR ADVANCED miles per hour is capable of stopping at a dis- charging facilities, including range exten- BATTERY PURCHASES. tance of 355 feet or less; sion infrastructure, that will be required for Subtitle B of title I of the Energy and (2) determine whether the use of the Inter- drivers of plug-in electric drive vehicles to Independence and Security Act of 2007 (42 state System by vehicles described in para- reliably recharge the electric drive vehicles; U.S.C. 17011 et seq.) is amended by adding at graph (1) would require a fundamental alter- (B) minimum technical standards for pub- the end the following: ation of the vehicle architecture that is com- lic recharging facilities in coordination with ‘‘SEC. 137. LOAN GUARANTEES FOR ADVANCED monly used for the transportation of goods the National Institute of Standards and BATTERY PURCHASES. as of the day before the date of the enact- Technology; and ‘‘(a) DEFINITIONS.—In this section: ment of this Act; (C) the concurrent technical and infra- ‘‘(1) PLUG-IN ELECTRIC DRIVE VEHICLE.—The (3) analyze the safety impacts of allowing structure investments that electric utilities term ‘plug-in electric drive vehicle’ has the vehicles described in paragraph (1) to use the and electricity providers will be required to meaning given the term in section 131(a). Interstate System; and make to support widespread deployment of ‘‘(2) RANGE EXTENSION INFRASTRUCTURE.— (4) consider the potential impact on high- recharging infrastructure and the estimated The term ‘range extension infrastructure’ in- way safety of applying lower speed limits on costs of the investments. cludes equipment, products, or services for such vehicles than the speed limits in effect (2) COMPONENTS.—In conducting the study recharging plug-in electric drive vehicles on the day before the date of the enactment required under this subsection, the Secretary that— of this Act. shall analyze— ‘‘(A) are available to retail consumers of (c) REPORT.—Not later than 1 year after (A) the variety and density of recharging electric drive vehicles on a nondiscrim- the date of the enactment of this Act, the infrastructure options necessary to power inatory basis; Secretary shall submit a report to Congress plug-in electric drive vehicles under diverse ‘‘(B) provide for extended driving range that contains the results of the study con- scenarios, including— through battery exchange or rapid re- ducted under this section, including a deter- (i) the ratio of residential, commercial, charging; and mination by the Secretary as to whether per- and public recharging infrastructure options ‘‘(C) are comparable in convenience and mitting vehicles with a supplementary sixth necessary to support 10 percent, 20 percent, price to petroleum-based refueling services. axle and a gross weight of not more than and 50 percent penetration of plug-in electric ‘‘(b) LOAN GUARANTEES.—The Secretary 97,000 pounds to use the Interstate System vehicles on a city fleet basis; shall guarantee loans made to eligible enti- would have an adverse impact on highway (ii) the ratio of residential, commercial, ties for the aggregate purchase by an eligible safety. and public recharging infrastructure options entity of not less than 5,000 batteries that (d) DEFINITION.—In this section, the term ‘‘Interstate System’’ has the meaning given necessary to support 10 percent, 20 percent, use advanced battery technology within a that term in section 101(a) of title 23, United and 50 percent penetration of plug-in electric calendar year. ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to States Code. vehicles on a national fleet basis; and obtain a loan guarantee under this section, (iii) the potential impact of fast charging SEC. 212. FUEL ECONOMY. an entity shall be— on penetration rates and utility power man- Section 32912(e)(1) of title 49, United States ‘‘(1) an original equipment manufacturer; agement requirements; Code, is amended by inserting ‘‘provide ‘‘(2) a vehicle manufacturer; equipment and facilities for the program es- (B) whether use of parking spots with ac- ‘‘(3) an electric utility; tablished under section 32902(k), and to’’ cess to recharging facilities should be lim- ‘‘(4) any provider of range extension infra- after ‘‘shall be used by the Secretary to’’. ited to plug-in electric drive vehicles; structure; or (C) whether model building codes should be Subtitle C—Alternative Transportation ‘‘(5) any other qualified entity, as deter- amended to cover recharging facilities; and Technologies mined by the Secretary. (D) such other issues as the Secretary con- SEC. 221. FLEXIBLE FUEL AUTOMOBILES. ‘‘(d) REGULATIONS.—The Secretary shall siders appropriate. (a) IN GENERAL.—Chapter 329 of title 49, promulgate such regulations as are nec- (3) REPORT.—Not later than 1 year after United States Code, is amended— essary to carry out this section. the date of enactment of this Act, the Sec- (1) in section 32901(a)— ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (A) by redesignating paragraphs (10) retary shall submit to the appropriate com- There are authorized to be appropriated such through (19) as paragraphs (11) through (20), mittees of Congress a report on the results of sums as are necessary to carry out this sec- respectively; and the study conducted under this subsection, tion.’’. including any recommendations. (B) by inserting after paragraph (9) the fol- SEC. 205. STUDY OF END-OF-USEFUL LIFE OP- lowing: (c) GRANTS AND LOANS TO STATE AND LOCAL TIONS FOR MOTOR VEHICLE BAT- GOVERNMENTS FOR RECHARGING INFRASTRUC- TERIES. ‘‘(10) ‘flexible fuel automobile’ means an TURE.— (a) IN GENERAL.—In combination with the automobile that has been warranted by the (1) IN GENERAL.—Effective beginning Octo- research, demonstration, and deployment ac- manufacturer of the automobile to operate ber 1, 2010, the Secretary shall establish a tivities conducted under section 641(k) of the on gasoline and fuel mixtures containing 15 program under which the Secretary shall Energy and Independence and Security Act percent gasoline and 85 percent ethanol or provide grants and loans to local govern- of 2007 (42 U.S.C. 17231(k)), the Secretary methanol.’’; and ments to assist in the installation of re- shall conduct a study on the end-of-useful (2) by inserting after section 32902 the fol- charging facilities for electric drive vehicles life options for motor vehicle batteries, in- lowing: in areas under the jurisdiction of the local cluding recommendations for stationary ‘‘§ 32902A. Requirement to manufacture flexi- governments. The Secretary shall provide storage applications and recyclability design ble fuel automobiles funding under this section to State or local specifications. ‘‘(a) IN GENERAL.—For each model year governments to pay not more than fifty per- (b) REPORT.—Not later than 1 year after listed in the following table, each manufac- cent of the recharging infrastructure cost. the date of enactment of this Act, the Sec- turer shall ensure that the percentage of

VerDate Nov 24 2008 03:06 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.095 S01APPT1 smartinez on PROD1PC64 with SENATE S4188 CONGRESSIONAL RECORD — SENATE April 1, 2009 automobiles manufactured by the manufac- Congress a report on the results of the up- SEC. 304. INCREASE IN CREDIT FOR INVESTMENT turer for sale in the United States that are dated study conducted under paragraph (1), IN ADVANCED ENERGY FACILITIES. flexible fuel automobiles is not less than the including any recommendations. (a) IN GENERAL.—Subparagraph (B) of sec- percentage set forth for that model year in (e) AUTHORIZATION OF APPROPRIATIONS.— tion 48C(d)(1) is amended by striking the following table: There is authorized to be appropriated to ‘‘$2,300,000,000’’ and inserting ‘‘$4,000,000,000’’. carry out this section $2,200,000. (b) EFFECTIVE DATE.—The amendment ‘‘Model Year Percentage made by this section shall take effect as if DIVISION B—DOMESTIC PRODUCTION included in the amendments made by section model year 2012 ...... 50 percent AND WORKFORCE DEVELOPMENT model year 2013 ...... 60 percent 1302 of the American Recovery and Reinvest- model year 2014 ...... 70 percent TITLE I—INCREASING SUPPLY ment Tax Act of 2009. model year 2015 ...... 80 percent model year 2016 ...... 90 percent Subtitle A—Increasing Production From PART II—INVESTMENT IN ALTERNATIVE model year 2017 ...... 100 percent Domestic Resources FUEL PROPERTY SEC. 300. AMENDMENT OF 1986 CODE. SEC. 311. EXTENSION OF CREDITS FOR ALCOHOL ‘‘(b) AUTOMOBILES EXCLUDED.—The require- Except as otherwise expressly provided, FUELS. ment under subsection (a) shall not apply to whenever in this subtitle an amendment or (a) IN GENERAL.—Sections 40, 6426(b)(6), and any automobile that operates on diesel, nat- repeal is expressed in terms of an amend- 6427(e)(6)(A) are amended by striking ‘‘2010’’ ural gas, hydrogen, or electricity.’’. ment to, or repeal of, a section or other pro- each place it appears and inserting ‘‘2011’’. (b) CLERICAL AMENDMENT.—The table of vision, the reference shall be considered to (b) CONFORMING AMENDMENT.—Section sections for chapter 329 of title 49, United 40(e)(1)(B) is amended by striking ‘‘2011’’ and States Code, is amended by inserting after be made to a section or other provision of the Internal Revenue Code of 1986. inserting ‘‘2012’’. the item relating to section 32902 the fol- (c) EFFECTIVE DATE.—The amendments lowing: PART I—INVESTMENT IN RENEWABLE made by this section shall apply to sales and ‘‘32902A. Requirement to manufacture flexi- ENERGY uses after the date of the enactment of this ble fuel automobiles.’’. SEC. 301. EXTENSION OF RENEWABLE ELEC- Act. (c) RULEMAKING.—Not later than 1 year TRICITY PRODUCTION CREDIT. SEC. 312. EXTENSION OF CREDITS FOR BIO- after the date of the enactment of this Act, (a) IN GENERAL.—Subsection (d) of section DIESEL AND RENEWABLE DIESEL. the Secretary of Transportation shall pre- 45 is amended— (a) IN GENERAL.—Sections 40A(g), 6426(c)(6), scribe regulations to carry out section (1) by striking ‘‘January 1, 2013’’ in para- and 6427(e)(6)(B) are each amended by strik- 32902A of title 49, United States Code, as graph (1) and inserting ‘‘January 1, 2015’’, ing ‘‘December 31, 2009’’ and inserting ‘‘De- added by subsection (a). and cember 31, 2011’’. SEC. 222. TRANSPORTATION ROADMAP STUDY. (2) by striking ‘‘January 1, 2014’’ each place (b) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—The Secretary shall enter it appears in paragraphs (2), (3), (4), (6), (7), made by this section shall apply to sales and into an arrangement with the National (9), and (11)(B) and inserting ‘‘January 1, uses after the date of the enactment of this Academy of Sciences under which the Acad- 2015’’. Act. emy shall— (b) EFFECTIVE DATE.—The amendments PART III—INVESTMENT IN ELECTRIC (1) conduct a comprehensive analysis of en- made by this section shall apply to property DRIVE AND ADVANCED VEHICLES placed in service after the date of the enact- ergy use by automobiles; and SEC. 321. EXTENSION OF CREDIT AND EXTENSION (2) use the analysis to conduct an inte- ment of this Act. OF TEMPORARY INCREASE IN CRED- grated assessment of the technological op- SEC. 302. EXPANSION AND EXTENSION OF NEW IT FOR ALTERNATIVE FUEL VEHI- tions that could lead to reduced petroleum CLEAN RENEWABLE ENERGY BONDS. CLE REFUELING PROPERTY. consumption and greenhouse gas emissions. (a) IN GENERAL.—Paragraph (2) of section (a) EXTENSION OF CREDIT.—Subsection (g) (b) COMPONENTS.—The study required 54C(c) is amended by inserting ‘‘, for cal- of section 30C is amended by striking ‘‘serv- under this section shall— endar years 2011, 2012, 2013, and 2014, an addi- ice—’’ and all that follows and inserting (1) assess the status of technology options, tional $500,000,000 for each year, and, except ‘‘service after December 31, 2018.’’. including— as provided in paragraph (5) for years after (b) EXTENSION OF TEMPORARY INCREASE.— (A) prospects of future fuels and pathways; 2014, zero,’’ after ‘‘$800,000,000’’. Paragraph (6) of section 30C(e) is amended— (B) the infrastructure and other barriers (b) CARRYOVER OF UNUSED LIMITATION.— (1) by striking ‘‘January 1, 2011’’ and infor increased market penetration; Subsection (c) of section 54C is amended by serting ‘‘January 1, 2019’’, and (C) potential timing of market adoption; adding at the end the following new para- (2) by striking ‘‘AND 2010’’ in the heading (D) potential reductions of petroleum con- graph: and inserting ‘‘THROUGH 2018’’. sumption and greenhouse gas emissions; and ‘‘(5) CARRYOVER OF UNUSED LIMITATION.—If (c) EFFECTIVE DATE.—The amendments (E) improvements in and priorities for Fed- for any calendar year— made by this section shall apply to taxable eral research and development program ac- ‘‘(A) the amount allocated under paragraph years beginning after December 31, 2010. tivities; (2) for such calendar year, exceeds SEC. 322. EXTENSION AND EXPANSION OF CREDIT (2) consider issues relating to duty cycles, ‘‘(B) the amount of bonds issued during FOR NEW QUALIFIED PLUG-IN ELEC- regional distinctions, and technological de- such year which are designated under sub- TRIC DRIVE MOTOR VEHICLES. velopment timelines; section (a) pursuant to such allocation, (a) EXTENSION.—Section 30D is amended by (3) build on and integrate applicable re- adding at the end the following new sub- then the limitation amount under paragraph search conducted in recent years, including section: (2) for the following calendar year shall be by the Academy; ‘‘(g) TERMINATION.—This section shall not increased by the amount of such excess.’’. (4) evaluate technical options and assess apply to any property purchased after De- (c) EFFECTIVE DATE.—The amendments the extent to which the United States can cember 31, 2018.’’. made by this section shall apply to bonds employ the options to reduce oil intensity by (b) RESTORATION OF CREDIT FOR LARGE NEW issued after December 31, 2010. 80 percent by calendar year 2050 and reduce QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR carbon dioxide emissions at a rate that is SEC. 303. EXTENSION OF INVESTMENT TAX CRED- VEHICLES WEIGHING OVER 14,000 POUNDS.— consistent with national goals; and IT FOR CERTAIN ENERGY PROP- (1) IN GENERAL.—The last sentence of sec- (5) recommend policies to help facilitate ERTY. tion 30D(b)(3) is amended to read as follows: the United States to meet national goals. (a) SOLAR ENERGY PROPERTY.—Paragraphs ‘‘The amount determined under this para- (c) REPORT.—Not later than 21 months (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are graph shall not exceed— after funds are first made available to carry each amended by striking ‘‘January 1, 2017’’ ‘‘(A) $5,000, in the case of any new qualified out this section, the Secretary shall submit and inserting ‘‘January 1, 2019’’. plug-in electric drive motor vehicle with a to the appropriate committees of Congress a (b) FUEL CELL PROPERTY.—Subparagraph gross vehicle weight rating of not more than report on the results of the study conducted (E) of section 48(c)(1) is amended by striking 14,000 pounds, under subsection (a), including any rec- ‘‘December 31, 2016’’ and inserting ‘‘Decem- ‘‘(B) $10,000, in the case of any new quali- ommendations. ber 31, 2018’’. fied plug-in electric drive motor vehicle with (d) UPDATES.— (c) QUALIFIED SMALL WIND ENERGY PROP- a gross vehicle weight rating of more than (1) IN GENERAL.—Not later than 5 years ERTY.—Subparagraph (D) of section 48(c)(4) is 14,000 pounds but not more than 26,000 after the initial study is conducted under amended by striking ‘‘December 31, 2016’’ and pounds, and this section and every 5 years thereafter, the inserting ‘‘December 31, 2018’’. ‘‘(C) $12,500, in the case of any new quali- Secretary shall enter into an arrangement (d) GEOTHERMAL HEAT PUMP SYSTEMS.— fied plug-in electric drive motor vehicle with with the National Academy of Sciences Clause (vii) of section 48(a)(3)(A) is amended a gross vehicle weight rating of more than under which the Academy shall update the by striking ‘‘January 1, 2017’’ and inserting 26,000 pounds.’’. study required under this section. ‘‘January 1, 2019’’. (2) CONFORMING AMENDMENTS.—Paragraph (2) REPORT.—Not later than 21 months (e) EFFECTIVE DATE.—The amendments (1) of section 30D(d) is amended by adding after the date an arrangement is entered made by this section shall apply to property ‘‘and’’ at the end of subparagraph (D), by into under paragraph (1), the Secretary shall placed in service after the date of the enact- striking subparagraph (E), and by redesig- submit to the appropriate committees of ment of this Act. nating subparagraph (F) as subparagraph (E).

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(c) INCREASE IN PER MANUFACTURER CAP.— PART V—INVESTMENT IN ETHANOL later than 60 days after the date of enact- Paragraph (2) of section 30D(e) is amended by SEC. 341. RESEARCH AND DEVELOPMENT OF ment of this Act, issue a notice in the Fed- striking ‘‘200,000’’ and inserting ‘‘400,000’’. FUNGIBLE BIOFUELS. eral Register requesting comments from the (d) EFFECTIVE DATE.—The amendments There is authorized to be appropriated for public on areas of the Outer Continental made by this section shall apply to vehicles advanced biofuels research, development, Shelf that may contain the most significant acquired after the date of the enactment of and demonstration that will create fuels oil and gas deposits. this Act. that are fungible in existing infrastructure (3) INITIATION OF CERTAIN INVENTORIES.— SEC. 323. EXTENSION OF CREDIT FOR CERTAIN $100,000,000. Not later than 90 days after the date of en- PLUG-IN ELECTRIC VEHICLES. actment of this Act, the Secretary shall PART VI—STUDIES ON MARKET PENETRA- (a) IN GENERAL.—Subsection (f) of section begin conducting any inventories in the At- TION OF RENEWABLE RESOURCES 30 is amended by striking ‘‘December 31, lantic and Pacific areas of the Outer Conti- 2011’’ and inserting ‘‘December 31, 2018’’. SEC. 351. STUDIES ON MARKET PENETRATION OF nental Shelf. RENEWABLE RESOURCES. (b) EFFECTIVE DATE.—The amendment (4) BEST AVAILABLE TECHNOLOGY.—In con- made by this section shall apply to vehicles (a) IN GENERAL.—Not later than 1 year ducting the inventory under subsection (a), acquired after the date of the enactment of after the date of enactment of this Act, the the Secretary shall— this Act. Secretary shall conduct— (A) use the best technology available to ob- (1) a study on the quantity of solar energy SEC. 324. EXTENSION OF CREDIT FOR MEDIUM tain accurate resource estimates; and AND HEAVY DUTY HYBRID VEHI- (including photovoltaic and solar thermal (B) include the results of geological and CLES. energy) that can reasonably be expected to geophysical explorations carried out— (a) IN GENERAL.—Paragraph (3) of section be deployed in the United States by calendar (i) under existing or expired leases; or 30B(k) is amended by striking ‘‘December 31, year 2030 and the requirements and costs as- (ii) under part 251 of title 30, Code of Fed- 2009’’ and inserting ‘‘December 31, 2014’’. sociated with that deployment; eral Regulations (or successor regulations). (2) a study on the quantity of geothermal (b) EFFECTIVE DATE.—The amendment (5) REPORTS.—On completion of any inde- made by this section shall apply to vehicles energy (including regular and advanced geo- pendent reports prepared as part of an inven- acquired after the date of the enactment of thermal energy) that can reasonably be ex- tory under this section, the Secretary shall this Act. pected to be deployed in the United States make the independent reports immediately SEC. 325. CREDIT FOR HEAVY DUTY NATURAL by calendar year 2030 and the requirements available to the public. and costs associated with that deployment; GAS VEHICLES. (c) ENVIRONMENTAL STUDIES.—Not later (a) IN GENERAL.—Paragraph (4) of section (3) a study on the quantity of hydrokinetic than 180 days after the date of enactment of 30B(k) is amended by inserting ‘‘(December energy that can reasonably be expected to be this Act, the Secretary shall complete any 31, 2018, in the case of such a vehicle which deployed in the United States by calendar environmental studies necessary to gather has a gross vehicle weight rating of more year 2030 and the requirements and costs as- information essential to an accurate inven- than 26,000 pounds and which operates on sociated with that deployment; and tory, including geological and geophysical compressed natural gas or liquified natural (4) in consultation with the Secretary of explorations under part 251 of title 30, Code gas)’’ after ‘‘December 31, 2010’’. Agriculture, a study on the quantity of re- of Federal Regulations (or successor regula- (b) EFFECTIVE DATE.—The amendment newable biomass energy that can reasonably tions). be expected to be deployed in the United made by this section shall apply to vehicles (d) REPORTS.— States by calendar year 2030, including con- acquired after the date of the enactment of (1) IN GENERAL.—On completion of an in- sideration of— this Act. ventory under this section, the Secretary (A) the needs of biofuels, biomass-based PART IV—LOW CARBON LOAN shall submit to Congress and the Governors electricity, and thermal applications; GUARANTEE PROGRAM of any affected coastal States a report that (B) the highest efficiency energy use of describes the results of the inventory. SEC. 331. INNOVATIVE LOW-CARBON LOAN GUAR- biomass resources; and (2) ASSESSMENT.—A report submitted under ANTEE PROGRAMS. (C) the requirements and costs associated paragraph (1) shall include an assessment of Section 1703 of the Energy Policy Act of with deployment. the economic, energy, environmental, and 2005 (42 U.S.C. 16513) is amended— (b) REPORT.—Not later than 2 years after national security impacts on the United (1) in subsection (b), by adding at the end the date of enactment of this Act, the Sec- States, any affected coastal States, and any the following: retary shall submit to the appropriate com- affected local units of government if the oil ‘‘(11) Innovative low-carbon technology mittees of Congress, and make publicly and natural gas resources identified by the projects in accordance with subsection (f).’’; available, a report that integrates the re- inventory were developed and produced, in- and sults of the studies conducted under sub- cluding estimates of any direct and indirect (2) by adding at the end the following: section (a), and other relevant studies, in- revenues that would be available to the Fed- ‘‘(f) INNOVATIVE LOW-CARBON TECHNOLOGY cluding an analysis and recommendations eral Government, the affected coastal State PROJECTS.— on— governments, and units of local government. ‘‘(1) IN GENERAL.—The Secretary may make (1) the best areas and rates for deployment guarantees to carry out innovative low-car- of solar, geothermal, wind, biomass, and (e) EFFECT ON OIL AND GAS LEASING.—No bon technologies projects. hydrokinetic energy by calendar year 2030 inventory that is conducted under this sec- ‘‘(2) FUNDING.— (based on multiple alternative scenarios); tion or any other Federal law (including reg- ‘‘(A) IN GENERAL.—Subject to the Federal and ulations) shall restrict, limit, delay, or oth- Credit Reform Act of 1990 (2 U.S.C. 661 et (2) the levels of market penetration that erwise adversely affect— seq.), the total principal amount of loans can be accomplished by calendar year 2030 (1) the development of any Outer Conti- guaranteed to carry out projects under this (based on multiple alternative scenarios). nental Shelf leasing program under section subsection shall not exceed $50,000,000,000, to 18 of the Outer Continental Shelf Lands Act remain available until committed. Subtitle B—Increasing Production From (43 U.S.C. 1344); or Fossil Resources ‘‘(B) ADDITIONAL AMOUNTS.—Amounts made (2) any leasing, exploration, development, available to carry out this subsection shall PART I—OUTER CONTINENTAL SHELF or production of any Federal offshore oil and be in addition to any other authority pro- SEC. 361. INVENTORY OF OUTER CONTINENTAL gas leases. vided for fiscal year 2010 or any previous fis- SHELF OIL AND GAS RESOURCES. (f) FUNDING.— cal year. (a) IN GENERAL.—Not later than 2 years (1) IN GENERAL.—The Secretary of the ‘‘(C) SOURCE OF FUNDS.— after the date of enactment of this Act and Treasury shall make a 1-time transfer to the ‘‘(i) IN GENERAL.—Amounts made available subject to subsection (b), the Secretary of Secretary, from royalties collected in con- to carry out this subsection shall be— the Interior (referred to in this subtitle as junction with the production of oil and gas, ‘‘(I) derived from amounts received from the ‘‘Secretary’’) shall complete an inven- such sums as are necessary to carry out this borrowers pursuant to section 1702(b)(2) for tory of oil and natural gas resources in areas section, including the completion of environ- fiscal year 2010 or any previous fiscal year; of the Outer Continental Shelf (as defined in mental studies necessary to conduct geologi- and section 2 of the Outer Continental Shelf cal and geophysical explorations in all of the ‘‘(II) collected in accordance with the Fed- Lands Act (43 U.S.C. 1331)) with the greatest Outer Continental Shelf areas of the Atlan- eral Credit Reform Act of 1990 (2 U.S.C. 661 et potential for containing oil or gas reserves. tic and the Pacific under part 251 of title 30, seq.). (b) REQUIREMENTS.— Code of Federal Regulations (or successor ‘‘(ii) TREATMENT.—The source of payment (1) IN GENERAL.—The Secretary shall carry regulations). received from borrowers described in clause out the inventory under subsection (a) in (2) RECEIPT AND ACCEPTANCE.—The Sec- (i) shall be not considered a loan or other stages, focusing first on areas that the Sec- retary shall be entitled to receive, shall ac- debt obligation that is guaranteed by the retary identifies as having the greatest po- cept, and shall use to carry out this section Federal Government. tential for oil and gas reserves. the funds transferred under paragraph (1), ‘‘(D) SUBSIDY COST.—In accordance with (2) PUBLIC COMMENTS.—To assist the Sec- without further appropriation. section 1702(b)(2), no appropriations to carry retary in identifying areas that have the (3) LIMITATION.—The amounts transferred out this subsection shall be available to pay greatest potential for oil and gas reserves under paragraph (1) shall not exceed the subsidy cost of guarantees.’’. under paragraph (1), the Secretary shall, not $150,000,000.

VerDate Nov 24 2008 04:44 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.096 S01APPT1 smartinez on PROD1PC64 with SENATE S4190 CONGRESSIONAL RECORD — SENATE April 1, 2009 SEC. 362. LEASING OF OFFSHORE AREAS ESTI- retary of the Interior may offer for leasing, leasing under this Act by the National En- MATED TO CONTAIN COMMER- preleasing, or any related activity under sec- ergy Security Act of 2009 (including any CIALLY RECOVERABLE OIL OR GAS tion 104 of that Act’’ after ‘‘2006)’’. amendment made by that Act). RESOURCES. SEC. 364. MORATORIUM OF OIL AND GAS LEAS- ‘‘(D) USE OF FUND.—Subject to subpara- (a) DEFINITION OF POTENTIAL PRODUCING ING IN CERTAIN AREAS OF THE graph (E), amounts in the Fund shall be used AREA.—In this section, the term ‘‘potential GULF OF MEXICO. to offset the costs of carrying out the Na- producing area’’ means any area in an Outer (a) MORATORIUM.—Section 104 of the Gulf of tional Energy Security Act of 2009. Continental Shelf planning area, as defined Mexico Energy Security Act of 2006 (43 ‘‘(E) TERMINATION OF FUND.— by the Minerals Management Service, that a U.S.C. 1331 note; Public Law 109–432) is ‘‘(i) IN GENERAL.—The Fund shall termi- seismic survey or other geologic study iden- amended by striking subsection (a) and in- nate on the date on which the Secretary de- tifies as exhibiting geologic characteristics serting the following: termines that the costs of carrying out the similar to the characteristics found in other ‘‘(a) IN GENERAL.—Effective during the pe- National Energy Security Act of 2009 have commercial oil and gas producing regions in riod beginning on the date of enactment of been repaid. the Outer Continental Shelf or other oil and this Act and ending on June 30, 2022, the Sec- ‘‘(ii) TRANSFER.—On termination of the gas producing areas. retary shall not offer for leasing, preleasing, Fund under clause (i), the remaining balance (b) LEASING OF POTENTIAL PRODUCING or any related activity any area east of 85 in the Fund shall be transferred to the ap- AREAS.—Not later than 1 year after the date degrees, 50 minutes West Longitude in the propriate fund of the Treasury.’’. of the release of an inventory or report under Eastern Planning Area that is within 45 section 361 that identifies a potential pro- PART II—OTHER FOSSIL RESOURCES miles of the coastline of the State of Flor- ducing area, the Secretary may make the po- SEC. 371. AUTHORIZATION OF ACTIVITIES AND ida.’’. tential producing area available for oil and EXPORTS INVOLVING HYDRO- (b) NATIONAL DEFENSE AREA.—Section 12(d) gas leasing under the Outer Continental CARBON RESOURCES. of the Outer Continental Shelf Lands Act (43 Shelf Lands Act (43 U.S.C. 1331 et seq.). (a) DEFINITION.—In this section, the term U.S.C. 1341(d)) is amended— (c) LEASING PLAN.—The omission of a po- ‘‘United States person’’ means— tential producing area from the applicable 5- (1) by striking ‘‘The United States’’ and in- (1) any United States citizen or alien law- year plan developed by the Secretary pursu- serting the following: fully admitted for permanent residence in ant to section 18 of the Outer Continental ‘‘(1) IN GENERAL.—The United States’’; and the United States; and Shelf Lands Act (43 U.S.C. 1344) may allow (2) by adding at the end the following: (2) any person other than an individual, if the leasing of a potential producing area ‘‘(2) REVIEW.—Annually, the Secretary of 1 or more individuals described in paragraph under subsection (b). Defense shall review the areas of the Outer (1) own or control at least 51 percent of the Continental Shelf that have been designated securities or other equity interest in the per- SEC. 363. ENVIRONMENTAL STEWARDSHIP AND as restricted from exploration and operation ALLOWABLE ACTIVITIES. son. to determine whether the areas should re- (a) IN GENERAL.—The Secretary shall pro- (b) AUTHORIZATION.—Notwithstanding any mulgate regulations that establish appro- main under restriction.’’. other provision of law (including a regula- EASING OF MORATORIUM AREAS.— priate environmental safeguards for the ex- (c) L tion), United States persons (including (1) IN GENERAL.—As soon as practicable, ploration and production of oil and natural agents and affiliates of those United States after the date of enactment of this Act, the gas on the Outer Continental Shelf. persons) may— Secretary shall offer for leasing under the (b) MINIMUM REQUIREMENTS.—At a min- (1) engage in any transaction necessary for imum, the regulations shall include— Outer Continental Shelf Lands Act (43 U.S.C. the exploration for and extraction of hydro- (1) provisions requiring surety bonds of suf- 1331 et seq.), any areas made available for carbon resources from any portion of any ficient value to ensure the mitigation of any leasing as a result of the amendment made foreign exclusive economic zone that is con- reasonably foreseeable incident that could be by subsection (a). tiguous to the exclusive economic zone of directly caused by persons engaged in oil and (2) ADMINISTRATION.—Any areas made the United States; and natural gas development, in accordance with available for leasing under paragraph (1) (2) export without license authority all subpart A of part 256 of title 30, Code of Fed- shall be offered for lease under this section— equipment necessary for the exploration for eral Regulations (or successor regulations); (A) notwithstanding the omission of any of or extraction of hydrocarbon resources de- (2) provisions assigning liability to respon- these respective areas from the applicable 5- scribed in paragraph (1). year plan developed by the Secretary pursu- sible parties of environmental damage to the SEC. 372. TRAVEL IN CONNECTION WITH AU- Outer Continental Shelf to the extent that ant to section 18 of the Outer Continental THORIZED HYDROCARBON EXPLO- the damage is not otherwise implicitly or ex- Shelf Lands Act (43 U.S.C. 1344); and RATION AND EXTRACTION ACTIVI- plicitly authorized or permitted by Federal (B) in a manner consistent with section TIES. law (including regulations); 363. Section 910 of the Trade Sanctions Reform (3) provisions no less stringent than the SEC. 365. TREATMENT OF REVENUES. and Export Enhancement Act of 2000 (22 regulations promulgated under the Oil Pollu- Section 8(g) of the Outer Continental Shelf U.S.C. 7209) is amended by adding at the end tion Act of 1990 (33 U.S.C. 2701 et seq.); and Lands Act (43 U.S.C. 1337(g)) is amended— the following: (4) provisions ensuring that— (1) in paragraph (2), by striking ‘‘Notwith- ‘‘(c) GENERAL LICENSE AUTHORITY FOR (A) no surface facility is installed for the standing’’ and inserting ‘‘Except as provided TRAVEL-RELATED EXPENDITURES BY PERSONS purpose of production of oil or gas resources in paragraph (6), and notwithstanding’’; ENGAGING IN HYDROCARBON EXPLORATION AND in any area visible to the unassisted eye (2) by redesignating paragraphs (6) and (7) EXTRACTION ACTIVITIES.— from any shore of any coastal State in any as paragraphs (7) and (8), respectively; and ‘‘(1) IN GENERAL.—The Secretary of the areas in the Outer Continental Shelf that (3) by inserting after paragraph (5) the fol- Treasury shall authorize under a general li- have not previously been made available for lowing: cense the travel-related transactions listed oil and gas leasing; ‘‘(6) RENEWABLE ENERGY RESERVE FUND.— in section 515.560(c) of title 31, Code of Fed- (B) only temporary surface facilities are ‘‘(A) DEFINITIONS.—In this paragraph: eral Regulations, for travel to, from, or with- installed for areas that are— ‘‘(i) FUND.—The term ‘fund’ means the Re- in Cuba in connection with exploration for (i) beyond the area described in subpara- newable Energy Reserve Fund established by and the extraction of hydrocarbon resources graph (A); and subparagraph (B). in any part of a foreign maritime Exclusive (ii) located not more than 25 miles from ‘‘(ii) QUALIFIED LEASE.—The term ‘qualified Economic Zone that is contiguous to the the shore of any coastal State in any areas lease’ means a natural gas or oil lease grant- United States’ Exclusive Economic Zone. in the Outer Continental Shelf that have not ed under this Act after the date of enact- ‘‘(2) PERSONS AUTHORIZED.—Persons au- previously been made available for oil and ment of the National Energy Security Act of thorized to travel to Cuba under this section gas leasing; and 2009 for an area that is made available for include full-time employees, executives, (C) the impact of offshore production fa- leasing under part I of subtitle B of title I of agents, and consultants of oil and gas pro- cilities on coastal vistas is otherwise miti- division B of that Act. ducers, distributors, and shippers.’’. gated. ‘‘(B) ESTABLISHMENT.—There is established SEC. 373. ALASKA OCS JOINT LEASE AND PERMIT- (c) EXCLUSIONS.—No regulations promul- in the Treasury of the United States a re- TING PROCESSING OFFICE. gated under this section shall apply to the serve account, to be known as the ‘Renew- (a) ESTABLISHMENT.—The Secretary of the development, construction, or operation of able Energy Reserve Account’, consisting of Interior (referred to in this section as the renewable energy facilities on the Outer such amounts as are appropriated to the ‘‘Secretary’’) shall establish a regional joint Continental Shelf. Fund under subparagraph (C). Outer Continental Shelf lease and permit (d) CONFORMING AMENDMENT.—Section 105 ‘‘(C) TRANSFERS TO FUND.—There are appro- processing office for the Alaska Outer Conti- of the Department of the Interior, Environ- priated to the Fund, out of funds of the nental Shelf region. ment, and Related Agencies Appropriations Treasury not otherwise appropriated, (b) MEMORANDUM OF UNDERSTANDING.—Not Act, 2006 (Public Law 109–54; 119 Stat. 521) (as amounts equivalent to amounts received by later than 90 days after the date of enact- amended by section 103(d) of the Gulf of Mex- the United States after September 30, 2009, ment of this Act, the Secretary shall enter ico Energy Security Act of 2006 (43 U.S.C. as bonus bids, royalties, or rentals from, or into a memorandum of understanding for the 1331 note; Public Law 109–432)) is amended by otherwise collected under, any qualified purposes of carrying out this section with— inserting ‘‘and any other area that the Sec- lease on submerged land made available for (1) the Secretary of Commerce;

VerDate Nov 24 2008 03:52 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.096 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4191 (2) the Chief of Engineers; (B) State-owned energy companies, espe- (B) improving warning time to prevent at- (3) the Administrator of the Environ- cially those of adversarial governments, are tacks on key energy infrastructure; mental Protection Agency; and using the energy supplies of the companies (C) expanding the collection of intelligence (4) any other Federal agency that may as leverage to promote foreign policies of on national energy companies and the en- have a role in permitting activities. states; and ergy reserves of those companies; and (c) DESIGNATION OF QUALIFIED STAFF.— (C) politically motivated domestic groups, (D) bolstering collection and analysis of (1) IN GENERAL.—Not later than 30 days pirates, and terrorists further present an in- potential strategic conflicts that could dis- after the date of the signing of the memo- creasing risk to critical energy infrastruc- rupt key energy supplies. randum of understanding under subsection ture and key corridors of international en- SEC. 502. STUDY OF FOREIGN FUEL SUBSIDIES. (b), each Federal signatory party shall, if ap- ergy supplies; (a) IN GENERAL.—The Secretary of Energy, propriate, assign to the office described in (3) efforts to develop a long-term energy in consultation with the Secretary of State subsection (a) an employee who has expertise policy for the United States is partially hin- and the Secretary of Commerce, shall con- in the regulatory issues administered by the dered by the lack of consistent and accurate duct a study of foreign fuel subsidies, includ- office in which the employee is employed re- information on world energy reserves; ing— lating to leasing and the permitting of oil (4) the United States should develop short- (1) the impact of the subsidies on global en- and gas activities on the Outer Continental term policies and strategies that— ergy supplies, global energy demand, and Shelf. (A) protect key energy infrastructure; global economic impacts; and (2) DUTIES.—An employee assigned under (B) secure critical geographic transit (2) recommendations on actions that paragraph (1) shall— routes; and should be taken to reduce the impact of the (A) not later than 90 days after the date of (C) mitigate political instability from en- subsidies. assignment, report to the office described in ergy suppliers; (b) REPORT.—Not later than 18 months subsection (a); (5) over the long-term, the United States after the date of enactment of this Act, the (B) be responsible for all issues relating to should focus national security organizations Secretary shall submit to the appropriate the jurisdiction of the home office or agency on obtaining better information on world re- committees of Congress a report that de- of the employee; and serves of energy and strengthening relation- scribes the results of the study conducted (C) participate as part of the team of per- ships with certain key nations; under this section, including any rec- sonnel working on proposed oil and gas leas- (6) addressing the challenge of energy secu- ommendations. ing and permitting, including planning and rity now and in the future will require the environmental analyses. United States to use all instruments of na- By Mr. BROWN (for himself, Ms. SEC. 374. ALASKA NATURAL GAS PIPELINE. tional power, including the military, diplo- SNOWE, and Mrs. MURRAY): Section 116(c)(2) of the Alaska Natural Gas matic, and intelligence services; and S. 777. A bill to promote industry Pipeline Act (15 U.S.C. 720n(c)(2)) is amended (7) the United States should make it a pri- growth and competitivenes and to im- by striking ‘‘$18,000,000,000’’ and inserting ority to engage key developing nations such ‘‘$30,000,000,000’’. as China and India on fossil fuel use in order prove worker training, retention, and advancement, and for other purposes; TITLE II—CLEAN ENERGY TECHNOLOGY to address global energy security and cli- WORKFORCE DEVELOPMENT mate change challenges. to the Committee on Health, Edu- (b) SENSE OF CONGRESS.—It is the sense of SEC. 401. CLEAN ENERGY TECHNOLOGY WORK- cation, Labor, and Pensions. FORCE. Congress that— Mr. BROWN. Mr. President, today, (a) GRANTS.— (1) sufficient resources should be provided Senator SNOWE of Maine, Senator MUR- (1) IN GENERAL.—The Secretary shall award to United States national security agencies RAY of Washington, and I are intro- competitive, merit-based grants to institu- to enable the agencies to protect tankers and ducing a workforce development bill— tions of higher education (as defined in sec- other vessels, critical infrastructure, and supply routes; the Strengthening Employment Clus- tion 101(a) of the Higher Education Act of ters to Organize Regional Success, or 1965 (20 U.S.C. 1001(a))) for the establishment (2) the President should work with Con- of programs providing training and edu- gress— SECTORS Act. cation for vocational workforce development (A) to coordinate efforts between the De- Over the last 2 years, I have held through centers of excellence for a broad partment of State and the Department of more than 130 roundtable discussions range of clean energy sector needs in the Justice to bolster programs to train national in communities all over Ohio. clean energy technology workforce of the police and domestic security forces tasked One of the themes that has recurred United States, as determined by the Sec- with defending energy infrastructure in key in the roundtables—from workers and retary. countries; employers, business and labor, teachers (2) OTHER INSTITUTIONS.—In carrying out (B) to promote initiatives by the Depart- and professors—is that we need to do a this subsection, the Secretary shall accept ment of State and the Department of De- fense— better job connecting workers with the proposals for centers from institutions of middle and high skills needed for ca- higher education that have or are prepared (i) to provide allied nations with the tech- to develop a meaningful curriculum and pro- nical expertise to minimize the consequences reers that are growing in Ohio. gram described in paragraph (1). of an infrastructure accident or attack; Today, Ohio has an unemployment (b) NATIONAL MERIT SCHOLARSHIP PRO- (ii) to engage the North Atlantic Treaty rate of 9.4 percent higher than the na- GRAM.— Organization (NATO) and other allies in ne- tional average. As many in this cham- (1) IN GENERAL.—The Secretary shall estab- gotiations on creating a security architec- ber are aware, older workers have been lish a national merit scholarship program ture to protect the strategic terrain; and hit hard by the economic downturn. that provides scholarships each fiscal year (iii) to work with the Coast Guard to The Urban Institute reported that job strengthen the capacity of local, national, for at least 1,000 undergraduate and 500 grad- loss for older workers is at a 31-year uate students that are studying engineering, and regional maritime security forces; geosciences, and other energy-related fields. (C) to mobilize the Department of Defense high. (2) ELIGIBILITY.—To be eligible to obtain a and the Department of Energy, in conjunc- Over the past eight years, Ohio lost scholarship under this subsection, a student tion with the intelligence community, to more than 230,000 manufacturing jobs— shall be enrolled in a program offered by an conduct detailed scenario planning exercises a 24 percent drop of employment in a institution of higher education that provides on the repercussions of attacks on critical sector so vital to Ohio’s economy. training and education for a clean energy energy infrastructure; and That said, employers throughout the workforce described in subsection (a)(1). (D)(i) to authorize the Department of State State talk about jobs gone begging, (c) AUTHORIZATION OF APPROPRIATIONS.— to provide the President with diplomatic op- and not being able to fill middle and There are authorized to be appropriated such tions, including the imposition of sanctions, high skilled positions. There are open sums as are necessary to carry out this sec- for addressing states that use energy as a po- tion. litical weapon; and jobs in high-tech, healthcare, and even DIVISION C—GLOBAL RISK MANAGEMENT (ii) to improve the capacity of the Depart- manufacturing that are going unfilled. A recent report by labor economists SEC. 501. SENSE OF CONGRESS ON GEO- ment of State to provide diplomatic support POLITICAL CONSEQUENCES OF OIL to resolve conflicts that impact the energy Harry Holzer and Robert Lerman found DEPENDENCE. security of the United States; and that substantial demand remains in to- (a) FINDINGS.—Congress finds that— (3) the intelligence community should be day’s labor market for skilled workers. (1) it is imperative to the national secu- given an integral role in bolstering United This is particularly true for ‘‘middle- rity, economic prosperity, and environ- States national energy security interests skill’’ jobs that require more than a mental integrity of the United States to by— high school degree but less than a four- have reliable, diverse, and affordable energy (A) completing a comprehensive national supplies; intelligence estimate on energy security year college degree. These jobs make (2)(A) the United States faces a multi- that assesses the most vulnerable aspects of up nearly half of America’s labor mar- faceted and growing threat to energy secu- critical energy infrastructure and the future ket and provide good compensation for rity; stability of major energy suppliers; workers.

VerDate Nov 24 2008 03:52 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.096 S01APPT1 smartinez on PROD1PC64 with SENATE S4192 CONGRESSIONAL RECORD — SENATE April 1, 2009 Congress needs to focus on skills SECTION 1. SHORT TITLE. providers, and associated institutions in a training now more than ever. This Act may be cited as the ‘‘Strength- particular field that are linked by common The approach Senator SNOWE, Sen- ening Employment Clusters to Organize Re- workforce needs. ator MURRAY, and I take in this bill is gional Success Act of 2009’’ or the ‘‘SEC- ‘‘(7) INDUSTRY OR SECTOR PARTNERSHIP.— to organize training around industry TORS Act of 2009’’. The term ‘industry or sector partnership’ means a workforce collaborative that— clusters. SEC. 2. INDUSTRY OR SECTOR PARTNERSHIP GRANT. ‘‘(A) organizes key stakeholders in a tar- Silicon Valley, the Research Triangle Subtitle D of title I of the Workforce In- geted industry cluster into a working group in North Carolina, Route 128 around vestment Act of 1998 (29 U.S.C. 2911 et seq.) is that focuses on the shared goals and human Boston—these are examples of clusters. amended by inserting after section 173A the resources needs of a targeted industry clus- But, it is not just high tech jobs ei- following: ter and that includes, at the appropriate ther. ‘‘SEC. 173B. INDUSTRY OR SECTOR PARTNERSHIP stage of development of the partnership— Think of tourism in Florida, or insur- GRANT PROGRAM. ‘‘(i) representatives (including workers) of ance in Connecticut, or food packaging ‘‘(a) PURPOSE.—It is the purpose of this multiple firms or employers in a targeted in- in Pennsylvania. These are successful section to create designated capacity to pro- dustry cluster, including small- and medium- clusters that build around a skilled mote industry or sector partnerships that sized employers when practicable; labor force. lead collaborative planning, resource align- ‘‘(ii) 1 or more representatives of a recog- The Ohio Workforce Board has comment, and training efforts across multiple nized State labor organization or central piled great information about emerg- firms for a range of workers employed or po- labor council, or other labor representatives tentially employed in a targeted industry as determined appropriate by the Secretary; ing industries and skills programs cluster, in order to encourage industry ‘‘(iii) 1 or more representatives of a local needed to see people fill these jobs. growth and competitiveness and to improve board; Ohio Governor Ted Strickland and worker training, retention, and advancement ‘‘(iv) 1 or more representatives of a post- Chancellor Eric Fingerhut are giving in targeted industry clusters. The activities secondary educational institution or other workforce training a high priority. carried out by the partnerships may include training provider; and This bill provides incentives to em- the development of— ‘‘(v) 1 or more representatives of a State ployers, labor, educators, and work- ‘‘(1) immediate strategies for regions and workforce agency or other entity providing force investment boards to model the communities to fulfill pressing skilled work- employment services; and best skills training approaches hap- force needs; ‘‘(B) may include representatives of— ‘‘(2) long-term plans to grow targeted in- ‘‘(i) State or local government; pening in Ohio and around the country. dustry clusters with better training and a The SECTORS Act focuses on tar- ‘‘(ii) State or local economic development more productive workforce; agencies; geted training, with multiple stake- ‘‘(3) core competencies and competitive ad- ‘‘(iii) other State or local agencies; holders in the same industry. The bill vantages for regions and communities under- ‘‘(iv) business or trade associations; right now requires four principal stake- going structural economic redevelopment; ‘‘(v) official economic development organi- holders to be part of a training pro- and zations; gram: industry, labor unions, work- ‘‘(4) skill standards, career ladders, job re- ‘‘(vi) community-based organizations; force investment boards, and commu- definitions, employer practices, and shared ‘‘(vii) philanthropic organizations; nity colleges. training and support capacities for the tar- ‘‘(viii) industry associations; and It encourages official economic de- geted industry cluster that facilitate the ad- ‘‘(ix) other organizations, as determined vancement of workers at all skill levels. necessary by the members comprising the in- velopment organizations, where appro- ‘‘(b) DEFINITIONS.—In this section: priate, to be partners. dustry or sector partnership. ‘‘(1) CAREER LADDER.—The term ‘career ‘‘(8) TARGETED INDUSTRY CLUSTER.—The We want to build in a process that ladder’ means an identified series of posi- term ‘targeted industry cluster’ means an in- makes a training program sustainable tions, work experiences, and educational dustry cluster that has— and not just a one-time infusion of benchmarks or credentials that offer occupa- ‘‘(A) significant current or potential eco- money. With that in mind, our bill con- tional and financial advancement within a nomic impact in a local or regional area; tains a matching funds requirement. specified career field or related fields over ‘‘(B) immediate workforce development The legislation builds in rigorous time. needs; and evaluation so lawmakers and policy- ‘‘(2) ECONOMIC SELF-SUFFICIENCY.—The ‘‘(C) documented opportunities for career term ‘economic self-sufficiency’ means, with advancement. makers know how tax dollars are being respect to a worker, earning a wage suffi- spent, something that has not been the cient to support a family adequately over ‘‘(c) GRANTS AUTHORIZED.— cause under President Bush’s Depart- time, based on factors such as— ‘‘(1) IN GENERAL.—From amounts appro- ment of Labor’s training initiatives. ‘‘(A) family size; priated under subsection (i), the Secretary The Government Accountability Of- ‘‘(B) the number and ages of children in the shall award, on a competitive basis, planning fice found in May 2008 that the Labor family; grants described in paragraph (3) and imple- Department’s demand-driven work- ‘‘(C) the cost of living in the worker’s com- mentation grants described in paragraph (4) to eligible entities, to enable the eligible enforce training programs have often munity; and tities to plan and implement, respectively, been awarded through a non-competi- ‘‘(D) other factors that may vary by region. the eligible entities’ strategic objectives in tive process, and have lacked account- ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible accordance with subsection (f). ability and evaluation so that Ameri- entity’ means— ‘‘(2) MAXIMUM AMOUNT.— cans know how their tax dollars are ‘‘(A) an industry or sector partnership; or ‘‘(A) PLANNING GRANTS.—A planning grant being spent. ‘‘(B) an eligible State agency. awarded under paragraph (3) shall not exceed We need to break clean from this ap- ‘‘(4) ELIGIBLE STATE AGENCY.—The term ‘el- $250,000. proach. igible State agency’ means a State agency ‘‘(B) IMPLEMENTATION GRANTS.—An imple- I plan to work with Senator SNOWE, designated by the Governor of the State for mentation grant awarded under paragraph Senator MURRAY, and colleagues in the purposes of the grant program under this (4)(A) shall not exceed a total of $2,500,000 for both chambers to authorize an indus- section. a 3-year period. ‘‘(5) HIGH-PRIORITY OCCUPATION.—The term ‘‘(C) RENEWAL GRANTS.—A renewal grant try sector skills training program that ‘high-priority occupation’ means an occupa- awarded under paragraph (4)(C) shall not ex- builds in accountability and sustain- tion that— ceed a total of $1,500,000 for a 3-year period. ability, and helps workers and busi- ‘‘(A) has a significant presence in an indus- ‘‘(3) PLANNING GRANTS.— nesses thrive in Ohio, Maine, Wash- try cluster; ‘‘(A) IN GENERAL.—The Secretary may ington, and throughout the country. ‘‘(B) is in demand by employers; award a planning grant under this section to Mr. President, I ask unanimous con- ‘‘(C) pays family-sustaining wages that en- an eligible entity that— sent that the text of the bill be printed able workers to achieve economic self-suffi- ‘‘(i) is a newly formed industry or sector in the RECORD. ciency, or can reasonably be expected to lead partnership; and There being no objection, the text of to such wages; ‘‘(ii) has not received a grant under this ‘‘(D) has a documented career ladder; and section. the bill was ordered to be printed in ‘‘(E) has a significant impact on a region’s ‘‘(B) DURATION.—A planning grant shall be the RECORD, as follows: economic development strategy. for a duration of 1 year. S. 777 ‘‘(6) INDUSTRY CLUSTER.—The term ‘indus- ‘‘(4) IMPLEMENTATION GRANTS.— Be it enacted by the Senate and House of Rep- try cluster’ means a concentration of inter- ‘‘(A) IN GENERAL.—The Secretary may resentatives of the United States of America in connected businesses, suppliers, research and award an implementation grant under this Congress assembled, development entities, education and training section to—

VerDate Nov 24 2008 03:52 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.070 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4193 ‘‘(i) an eligible entity that has already re- tity determines necessary, to ensure that the ticeship programs, secondary schools, and ceived a planning grant under this section; targeted industry cluster identified under postsecondary educational institutions, and or subparagraph (A) should be targeted for in- with parents and career counselors, for the ‘‘(ii) an eligible entity that is an estab- vestment, based primarily on the following purpose of addressing the challenges of con- lished industry or sector partnership. criteria: necting disadvantaged adults, as defined in ‘‘(B) DURATION.—An implementation grant ‘‘(i) Demonstrated demand for job growth. section 132(b)(1)(B)(v), and disadvantaged shall be for a duration of not more than 3 ‘‘(ii) Measurable evidence of competitive- youth, as defined in section 127(b)(2), to ca- years, and may be renewed in accordance ness. reers; with subparagraph (C). ‘‘(iii) Employment base. ‘‘(vii) helping companies in the targeted ‘‘(C) RENEWAL.—The Secretary may renew ‘‘(iv) Wages and benefits. industry cluster identify, and work together an implementation grant for not more than ‘‘(v) Demonstrated importance of the tar- to address, common organizational and 3 years. A renewal of such grant shall be sub- geted industry cluster to the area’s econ- human resources challenges, such as— ject to the requirements of this section, ex- omy. ‘‘(I) recruiting new workers; cept that the Secretary shall— ‘‘(vi) Workforce development needs of the ‘‘(II) developing and implementing effec- ‘‘(i) prioritize renewals to eligible entities area surrounding the targeted industry clus- tive workplace practices; that can demonstrate the long-term sustain- ter. ‘‘(III) retaining dislocated and incumbent ability of an industry or sector partnership ‘‘(2) APPLICATION.—An eligible entity desir- workers; funded under this section; ing to receive a grant under this section ‘‘(IV) implementing a high-performance ‘‘(ii) as a condition of renewing the grant, shall submit an application to the Secretary work organization; and notwithstanding subparagraph (D), de- at such time, in such manner, and con- ‘‘(V) recruiting and retaining women in crease the amount of the Federal share and taining such information as the Secretary nontraditional occupations; increase the amount of the non-Federal may require. An application submitted under ‘‘(VI) adopting new technologies; and share required for the grant, which must in- this paragraph shall contain, at a minimum, ‘‘(VII) fostering experiential and clude at least a 25 percent cash match from the following: contextualized on-the-job learning; the State, the industry cluster, or some com- ‘‘(A) A description of the eligible entity, ‘‘(viii) developing and strengthening career bination thereof; and evidence of the eligible entity’s capacity to ladders within and across companies (in co- ‘‘(iii) require assurances that the eligible carry out activities in support of the stra- operation with labor organizations if the entity will leverage, each year, additional tegic objectives identified in the application labor organizations represent employees en- funding sources in accordance with subpara- under subparagraph (D), and, if the eligible gaged in similar work in the industry clus- graph (D)(ii) than the eligible entity pro- entity is an industry or sector partnership, a ter), in order to enable dislocated, incum- vided for the preceding year of the grant. description of the expected participation and bent and entry-level workers to improve ‘‘(D) FEDERAL AND NON-FEDERAL SHARE.— responsibilities of each of the mandatory skills and advance to higher-wage jobs; ‘‘(i) FEDERAL SHARE.—Except as provided partners described in subsection (b)(8)(A). ‘‘(ix) improving job quality through im- in subparagraph (C)(ii), the Federal share of ‘‘(B) A description of the targeted industry proving wages, benefits, and working condi- an implementation grant under this section cluster for which the eligible entity intends tions; shall be— to carry out activities through a grant under ‘‘(x) helping partner companies in industry ‘‘(I) 90 percent of the costs of the activities this section, and a description of how such or sector partnerships to attract potential described in subsection (f), in the first year targeted industry cluster was identified in employees from a diverse job seeker base, in- of the grant; accordance with paragraph (1). cluding individuals with barriers to employ- ‘‘(II) 80 percent of such costs in the second ‘‘(C) A description of the workers that will ment (such as job seekers who are low-in- year of the grant; and be targeted or recruited by the partnership, come, youth, older workers, or individuals ‘‘(III) 70 percent of such costs in the third including an analysis of the existing labor who have completed a term of imprison- year of the grant. market, a description of potential barriers to ment), by identifying such barriers through ‘‘(ii) NON-FEDERAL.—The non-Federal share employment for targeted workers, and a de- analysis of the existing labor market and im- of an implementation grant under this sec- scription of strategies that will be employed plementing strategies to help such workers tion may be in cash or in-kind, and may to help workers overcome such barriers. overcome such barriers; and come from State, local, philanthropic, pri- ‘‘(D) A description of the strategic objec- ‘‘(xi) strengthening connections among vate, or other sources. tives that the eligible entity intends to carry businesses in the targeted industry cluster, ‘‘(5) FISCAL AGENT.—Each eligible entity out for the targeted industry cluster, which leading to cooperation beyond workforce receiving a grant under this section that is objectives shall include— issues that will improve competitiveness and an industry or sector partnership shall des- ‘‘(i) recruiting key stakeholders in the tar- job quality, such as joint purchasing, market ignate an entity in the partnership as the geted industry cluster, such as businesses research, or centers for technology and inno- fiscal agent for purposes of this grant. and employers, labor organizations, industry vation. ‘‘(6) USE OF GRANT FUNDS DURING GRANT PE- associations, local boards, State boards, and ‘‘(E) A description of the manner in which RIODS.—An eligible entity receiving grant education and training providers, and regu- the eligible entity intends to make sustain- funds under a planning grant, implementa- larly convening the stakeholders in a col- able progress toward the strategic objectives tion grant, or a renewal grant under this sec- laborative structure that supports the shar- described in subparagraph (D). tion shall expend grant funds or obligate ing of information, ideas, and challenges ‘‘(F) Performance measures, including grant funds to be expended by the last day of common to the targeted industry cluster; quantifiable interim performance bench- the grant period. ‘‘(ii) identifying the shared training needs marks, for measuring progress toward the ‘‘(d) APPLICATION PROCESS.— of multiple businesses, especially skill gaps strategic objectives. Such measures shall ‘‘(1) IDENTIFICATION OF A TARGETED INDUS- critical to competitiveness and innovation in consider, at a minimum, the benefits pro- TRY CLUSTER.—In order to qualify for a grant the targeted industry cluster; vided by the grant activities funded under under this section, an eligible entity shall ‘‘(iii) facilitating economies of scale by ag- this section for— identify a targeted industry cluster that gregating training and education needs of ‘‘(i) workers employed in the targeted in- could benefit from such grant by— multiple employers in the targeted industry dustry cluster, disaggregated by gender and ‘‘(A) working with businesses, industry as- cluster; race, including— sociations and organizations, labor organiza- ‘‘(iv) helping postsecondary educational in- ‘‘(I) the number of workers receiving port- tions, State boards, local boards, economic stitutions, training institutions, and reg- able industry-recognized credentials; development agencies, and other organiza- istered apprenticeship programs align cur- ‘‘(II) the number of workers with increased tions that the eligible entity determines nec- ricula, entrance requirements, and programs wages, the percentage of workers with in- essary, to identify an appropriate targeted to industry demand, particularly for higher creased wages, and the average wage in- industry cluster based on criteria that in- skill, high-priority occupations validated by crease; and clude, at a minimum— the industry; ‘‘(III) for dislocated or nonincumbent ‘‘(i) data showing the competitiveness of ‘‘(v) ensuring that the State agency car- workers, the number of workers placed in the industry cluster; rying out the State program under the Wag- sector-related jobs; and ‘‘(ii) the importance of the industry cluster ner-Peyser Act (29 U.S.C. 49 et seq.), includ- ‘‘(ii) firms and industries in the targeted to the economic growth of the area served by ing staff of the agency that provide services industry cluster, including— the eligible entity; under such Act, shall inform recipients of ‘‘(I) the creation or updating of an industry ‘‘(iii) the identification of supply and dis- unemployment insurance and trade adjust- plan to meet current and future workforce tribution chains within the industry cluster; ment assistance under chapter 2 or 6 of title demand; and II of the Trade Act of 1974 (19 U.S.C. 2271 et ‘‘(II) the creation or updating of published ‘‘(iv) research studies on industry clusters; seq., 2401 et seq.) of the job and training op- industry-wide skill standards or career path- and portunities that may result from the imple- ways; ‘‘(B) working with appropriate employ- mentation of this grant; ‘‘(III) the creation or updating of portable, ment agencies, local boards, economic devel- ‘‘(vi) informing and collaborating with or- industry-recognized credentials, or where opment agencies, community organizations, ganizations such as youth councils, business- there is not such a credential, the creation and other organizations that the eligible en- education partnerships, registered appren- or updating of a training curriculum that

VerDate Nov 24 2008 03:52 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.073 S01APPT1 smartinez on PROD1PC64 with SENATE S4194 CONGRESSIONAL RECORD — SENATE April 1, 2009 can lead to the development of such a cre- ‘‘(A) report to the Secretary, and to the ‘‘(EE) are individuals with disabilities; dential; Governor of the State that the eligible enti- ‘‘(FF) are veterans; ‘‘(IV) in the case of an eligible entity that ty serves, on the activities funded pursuant ‘‘(GG) are individuals who have completed is an industry or sector partnership, the to a grant under this section; and a sentence for a criminal offense; and number of firms, and the percentage of the ‘‘(B) evaluate the progress the eligible en- ‘‘(HH) have other barriers to employment; local industry, participating in the industry tity has made toward the strategic objec- ‘‘(VI) employer practices that are most ef- or sector partnership; and tives identified in the application under sub- fective; ‘‘(V) the number of firms, and the percent- section (d)(2)(D), and measure the progress ‘‘(VII) the types of training that are most age of the local industry, receiving workers using the performance measures identified in effective; and or services through the grant funded under the application under subsection (d)(2)(F). ‘‘(VIII) other areas where industry or sec- this section. ‘‘(2) REPORT TO THE SECRETARY.—An eligi- tor partnerships can assist each other; ‘‘(G) A timeline for achieving progress to- ble entity receiving a grant under this sec- ‘‘(B) make resource materials, including ward the strategic objectives. tion shall submit to the Secretary a report all reports published and all data collected ‘‘(H) In the case of an eligible entity desir- containing the results of the evaluation de- under this section, available on the Internet; ing an implementation grant under this sec- scribed in paragraph (1)(B) at such time and and tion, an assurance that the eligible entity in such manner as the Secretary may re- ‘‘(C) conduct conferences and seminars to— will leverage other funding sources, in addi- quire. ‘‘(i) disseminate information on best prac- tion to the amount required for the non-Fed- ‘‘(h) ADMINISTRATION BY THE SECRETARY.— tices developed by eligible entities receiving eral share under subsection (c)(4)(D), to pro- ‘‘(1) ADMINISTRATIVE COSTS.—The Secretary a grant under this section; and vide training or supportive services to work- may retain not more than 10 percent of the ‘‘(ii) provide information to the commu- ers under the grant program. Such addi- funds appropriated pursuant to the author- nities of eligible entities. tional funding sources may include— ization of appropriations under subsection (i) ‘‘(5) REPORT.—Not later than 18 months ‘‘(i) funding under this title used for such for each fiscal year to administer this sec- after the date of enactment of the Strength- training and supportive services; tion. ening Employment Clusters to Organize Re- ‘‘(ii) funding under the Adult Education ‘‘(2) TECHNICAL ASSISTANCE AND OVER- gional Success Act of 2009, and annually and Family Literacy Act of 1998 (20 U.S.C. SIGHT.—The Secretary shall provide tech- thereafter, the Secretary shall transmit a re- 9201 et seq.); nical assistance and oversight to assist the port to Congress on the industry or sector ‘‘(iii) funding under chapter 2 or 6 of title eligible State and local agencies or eligible partnership grant program established by entities in applying for and administering II of the Trade Act of 1974 (19 U.S.C. 2271 et this section. The report shall include a de- grants awarded under this section. The Sec- seq.); scription of— retary shall also provide technical assistance ‘‘(iv) economic development funding; ‘‘(A) the eligible entities receiving funding; to eligible entities in the form of conferences ‘‘(v) employer contributions to training ‘‘(B) the activities carried out by the eligi- and through the collection and dissemina- initiatives; or ble entities; tion of information on best practices devel- ‘‘(vi) providing employees with employee ‘‘(C) how the eligible entities were selected oped by eligible partnerships. The Secretary release time for such training or supportive to receive funding under this section; and may award a grant or contract to 1 or more services. ‘‘(D) an assessment of the results achieved national or State organizations to provide by the grant program including findings ‘‘(e) AWARD BASIS.— technical assistance to foster the planning, ‘‘(1) GEOGRAPHIC DISTRIBUTION.—The Sec- formation, and implementation of industry from the annual reviews described in para- retary shall award grants under this section cluster partnerships. graph (4)(A). ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— in a manner to ensure geographic diversity. ‘‘(3) PERFORMANCE MEASURES.—The Sec- ‘‘(2) PRIORITIES.—In awarding grants under retary shall issue a range of performance ‘‘(1) IN GENERAL.—There are authorized to this section, the Secretary shall give pri- measures, with quantifiable benchmarks, be appropriated to carry out this section ority to eligible entities that— and methodologies that eligible entities may such sums as may be necessary for fiscal ‘‘(A) work with employers within a tar- use to evaluate the effectiveness of each type year 2010 and for each succeeding fiscal year. geted industry cluster to retain and expand of activity in making progress toward the ‘‘(2) AVAILABILITY.—Amounts appropriated employment in high wage, high growth strategic objectives described in subsection pursuant to the authorization of appropria- areas; (d)(2)(D). Such measures shall consider the tions under paragraph (1) for the fiscal year ‘‘(B) focus on helping workers move toward benefits of the industry or sector partnership shall remain available until the end of the economic self-sufficiency and ensuring the and its activities for workers, firms, indus- second fiscal year following the fiscal year in workers have access to adequate supportive tries, and communities. which such amounts were first appro- services; ‘‘(4) DISSEMINATION OF INFORMATION.—The priated.’’. ‘‘(C) address the needs of firms with lim- Secretary shall— SEC. 3. FEDERAL AGENCY COORDINATION. ited human resources or in-house training ‘‘(A) coordinate the annual review of each (a) INTERAGENCY COOPERATION.—The head capacity, including small- and medium-sized eligible entity receiving a grant under this of each Federal department or agency whose firms; and section and produce an overview report that, funding, regulations, or other policies im- ‘‘(D) coordinate with entities carrying at a minimum, includes— pact workers shall cooperate with the Sec- out— ‘‘(i) the critical learning of each industry retary of Labor to— ‘‘(i) State and local workforce investment or sector partnership, such as— (1) maintain up-to-date information on activities, including the one-stop delivery ‘‘(I) the training that was most effective; jobs, wages, benefits, skills, and careers of system; ‘‘(II) the human resource challenges that workers impacted by the actions of such ‘‘(ii) adult secondary education, career and were most common; agency or department; technical education, and postsecondary edu- ‘‘(III) how technology is changing the tar- (2) develop and implement policies that cation; and geted industry cluster; and would improve the jobs and careers of work- ‘‘(iii) economic development activities. ‘‘(IV) the changes that may impact the tar- ers impacted by the actions of such agency ‘‘(f) ACTIVITIES.— geted industry cluster over the next 5 years; or department; and ‘‘(1) IN GENERAL.—An eligible entity receiv- and (3) report the department or agency’s job ing a grant under this section shall carry out ‘‘(ii) a description of what eligible entities creation and economic development strate- the activities necessary to meet the stra- serving similar targeted industry clusters gies to the Secretary. tegic objectives described in the entity’s ap- consider exemplary practices, such as— (b) ALIGNMENT.—Notwithstanding any plication in a manner that— ‘‘(I) how to work effectively with postsec- other provision of law, the Secretary and the ‘‘(A) integrates services and funding ondary educational institutions; heads of other Federal departments or agen- sources in a way that enhances the effective- ‘‘(II) the use of internships; cies shall work together to align existing ness of the activities; and ‘‘(III) coordinating with apprenticeships education and training programs with the ‘‘(B) uses grant funds awarded under this and cooperative education programs; demonstrated needs of industry or sector section efficiently. ‘‘(IV) how to work effectively with schools partnerships, as defined in section 173B(b) of ‘‘(2) ADMINISTRATIVE COSTS.—An eligible providing vocational education; the Workforce Investment Act. These col- entity may retain a portion of a grant ‘‘(V) how to work effectively with adult laborative efforts shall include the following: awarded under this section for a fiscal year populations, including— (1) DEPARTMENT OF COMMERCE.—The Sec- to carry out the administration of this sec- ‘‘(aa) dislocated workers; retary of Commerce shall advise the Sec- tion in an amount not to exceed 10 percent of ‘‘(bb) women in nontraditional occupa- retary of Labor of the Department of Com- the grant amount. tions; and merce’s workforce and economic develop- ‘‘(g) EVALUATION AND PROGRESS REPORTS.— ‘‘(cc) individuals with barriers to employment strategies, programs, and initiatives. ‘‘(1) ANNUAL ACTIVITY REPORT AND EVALUA- ment, such as job seekers who— (2) JUSTICE DEPARTMENT.—The Attorney TION.—Not later than 1 year after receiving a ‘‘(AA) are economically disadvantaged; General shall— grant under this section, and annually there- ‘‘(BB) have limited English proficiency; (A) align federally funded programs offer- after for the duration of the grant, an eligi- ‘‘(CC) require remedial education; ing training for inmates with industry clus- ble entity shall— ‘‘(DD) are older workers; ters (as defined in section 173B(b) of the

VerDate Nov 24 2008 03:52 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.073 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4195 Workforce Investment Act) and high-priority nomic development initiatives this legislation. I understand a com- occupations, and annually review these throughout the country. Unfortu- panion bill is being introduced in the training programs to assure that the train- nately, current Federal policy does not House today as well by Representatives ing programs prepare individuals for high- provide sufficient support for these ENGEL and BURTON. priority occupations; and Paraguay, located in the important (B) align federally funded reentry pro- critical ventures. grams to take advantage of information and As Co-Chair of the bipartisan Senate Tri-Border region of South America, career opportunities provided by industry Task Force on Manufacturing, one of shares borders with Brazil, Bolivia, and and sector partnerships. my key goals is to ensure that manu- Argentina. Paraguay is one of the poor- (3) DEPARTMENT OF EDUCATION.—The Sec- facturers have access to a capable est nations in the Western Hemisphere, retary of Education shall— workforce. Unfortunately, manufactur- with 30 percent of its population sur- (A) develop and support career ladders for ers across the country have raised sig- viving on less than $2 a day. In 2007, high-priority occupations critical to tar- nificant concerns about whether the U.S. exports to Paraguay exceeded $1.2 geted industry clusters served by a grant billion, while Paraguayan imports to under section 173B of the Workforce Invest- next generation of workers is being ment Act; trained to meet the needs of an in- the U.S. totaled just $68 million. Flor- (B) develop and support innovative pro- creasingly high-tech workplace. ida has historically served as a key grams to address literacy (including English In fact, in my home State of Maine, source and transit point for U.S. two- as a second language) and numeracy short- the manufacturing sector has shed an way trade with Paraguay and will like- comings, especially in those occupations alarming 23,600 jobs in the past 10 ly benefit from increased economic critical to such targeted industry clusters; years; nearly 30 percent of the State’s links between our two countries. Flor- (C) develop and support programs and manufacturing employment. It is ida’s deep-water ports serve as the strategies to reduce barriers to adult edu- main shipping points for goods coming cation; thereby critical that we as a Nation (D) develop and support career education provide unemployed manufacturing from or going to Latin America. In ad- initiatives in middle and high schools; and workers the training needed to excel as dition, Paraguay, a major drug transit (E) support initiatives to develop industry- our manufacturing sector becomes in- hub, has been a reliable U.S. partner recognized credentials and new credit-bear- creasingly technical. This legislation for many years in our counternarcotics ing programs in public and private postsec- provides a crucial link between estab- and counterterrorism efforts in the re- ondary educational institutions, especially lishing worker training programs and gion. Nevertheless, we have neglected in occupations critical to such targeted in- fostering new employment opportuni- to include Paraguay in the important dustry clusters. ties for those who have been affected Andean trade program. (4) DEPARTMENT OF HEALTH AND HUMAN I believe that Paraguay is deserving SERVICES.—The Secretary of Health and by the manufacturing industry’s de- Human Services shall— cline. By promoting this innovative of inclusion in this program. (A) develop and support innovative pro- partnership we will take a crucial step The Andean Trade Promotion and grams that connect qualified individuals re- toward rejuvenating our economy. Drug Eradication Act is a preference ceiving assistance under the State tem- Throughout the country, sector part- program that was established in 1991 porary assistance for needy families program nerships are being used to promote the and reauthorized with the drug co- funded under part A of title IV of the Social long-term competitiveness of indus- operation element in 2002. It currently Security Act (42 U.S.C. 601 et seq.) with em- tries and to advance employment op- grants duty-free access to a range of ployment opportunities in the targeted in- exports from four Andean countries industry clusters served by a grant under sec- portunities. For example, the State of tion 173B of the Workforce Investment Act; Maine has created the North Star Alli- cluding Colombia, Ecuador, Peru, and (B) develop and support strategies to pre- ance Initiative. The Alliance has Bolivia. This bill will add Paraguay as pare individuals receiving assistance under brought together Maine’s boat build- the fifth beneficiary country of this the State temporary assistance for needy ers, the University of Maine’s Ad- program, which will help connect Para- families programs funded under part A of vanced Engineered Wood Composites guay to the U.S. market and foster title IV of the Social Security Act (42 U.S.C. Centers, Maine’s marine and composite closer cooperation on a range of impor- 601 et seq.) for success in postsecondary edu- trade association, economic develop- tant anti-drug trafficking and national cation and training programs; and security issues. Currently, Paraguayan (C) develop and support career education ment groups, and investment organiza- initiatives that provide such individuals tions for the purpose of advancing products are not competitive in U.S. with information to guide the clients’ edu- workforce training. markets because they are subject to cation and training plans. Our Nation’s capacity to innovate is higher tariffs than other Latin Amer- Ms. SNOWE. Mr. President, I rise a key reason why our economy con- ican and Caribbean countries that ship today in support of the Selecting Em- tinues to grow and remains the envy of these same items duty-free to the U.S. ployment Clusters to Organize Re- the world. Ideas by innovative Ameri- You may recall that the very first gional Success, SECTORS, Act which cans in the private and public sector Summit of the Americas was held in Senators BROWN and I are introducing. have paid enormous dividends, improv- 1994 in Miami, FL, where delegates dis- This legislation would amend the ing the lives of millions throughout the cussed trade, combating drugs, and Workforce Investment Act of 1998 to es- world. We must continue to encourage promotion of democracy. The new ad- tablish a new industry or sector part- all avenues for advancing this vital ministration and our international nership grant program administered by sector if America is to compete at the partners will continue to grapple with the Department of Labor. forefront of innovation. these vital issues at the 5th Summit of The SECTORS Act provides grants to the Americas, which will take place in industry clusters—interrelated group By Mr. NELSON, of Florida (for Trinidad from April 17 to 19. of businesses, service providers, and as- himself, Mr. CORNYN, Mr. MAR- President Obama, who will be leading sociated institutions—in order to es- TINEZ, and Mr. DODD): the U.S. delegation to the Summit in tablish and expand sector partnerships. S. 780 bill to amend the Andean Trinidad, has said that we must work By providing financial assistance to Trade Preference Act to add Paraguay to develop a ‘‘partnership based on re- these partnerships, this legislation to the list of countries that are eligible spect that the people of Latin America would create customized workforce to be designated as beneficiary coun- are looking for and that will be bene- training solutions for specific industries and ATPDEA beneficiary coun- ficial to the United States.’’ tries at a regional level. A sector ap- tries; to the Committee on Finance. The upcoming Summit of the Amer- proach is beneficial because it can Mr. NELSON of Florida. Mr. Presi- icas is dedicated to promoting pros- focus on the dual goals of promoting dent, I rise today to introduce a bill, perity and democracy in the Western the long-term competitiveness of in- the U.S.-Paraguay Partnership Act of Hemisphere. Surely, the thirty-four dustries and advancing employment 2009, to add Paraguay as a beneficiary democratically elected heads of state opportunities for workers, thereby en- under the Andean Trade Promotion who will be in attendance in Trinidad couraging economic growth. Existing and Drug Eradication Act. must focus on the situation of poverty- sector partnerships have long been rec- I want to thank my colleague on the stricken countries such as Paraguay ognized as key strategic elements with- Finance Committee, Senator JOHN and Haiti. The election of President in some of the most successful eco- CORNYN, for joining me in sponsoring Fernando Lugo of Paraguay in May

VerDate Nov 24 2008 03:55 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.073 S01APPT1 smartinez on PROD1PC64 with SENATE S4196 CONGRESSIONAL RECORD — SENATE April 1, 2009 2008 marked the democratic transfer of The ATPDEA is a temporary trade SENATE CONCURRENT RESOLU- power in Paraguay after six decades of preferences law and is due for reconsid- TION 16—EXPRESSING THE uninterrupted rule by the Colorado eration later this year. I encourage my SENSE OF THE SENATE THAT Party. It is in America’s interest to colleagues to seriously consider the THE PRESIDENT OF THE UNITED support democracy and economic pros- merits of adding Paraguay as a bene- STATES SHOULD EXERCISE HIS perity throughout the Hemisphere and CONSTITUTIONAL AUTHORITY TO ficiary country when the ATPDEA is I believe that adding Paraguay to this PARDON POSTHUMOUSLY JOHN reauthorized. It is time to extend the trade program is a positive step in that ARTHUR ‘‘JACK’’ JOHNSON FOR direction. The proud Paraguayan- benefits of the ATPDEA to the nation THE RACIALLY MOTIVATED CON- American citizens of Florida and of of Paraguay. VICTION IN 1913 THAT DIMIN- other States, who have made impor- ISHED THE ATHLETIC, CUL- tant contributions to American soci- f TURAL, AND HISTORIC SIGNIFI- ety, will no doubt support this move. CANCE OF JACK JOHNSON AND In the spirit of the Summit of the SUBMITTED RESOLUTIONS UNDULY TARNISHED HIS REP- Americas, we should strengthen our re- UTATION lationship with Latin America as a whole. We should continue to support Mr. MCCAIN submitted the following representative democracy and expand concurrent resolution; which was re- SENATE RESOLUTION 97—DESIG- ferred to the Committee on the Judici- prosperity in the Hemisphere. There- NATING JUNE 1, 2009, AS ‘‘COL- fore, I urge the Senate to include Para- ary: LECTOR CAR APPRECIATION guay in the Andean Trade Preference S. CON. RES. 16 DAY’’ AND RECOGNIZING THAT Act, a decision that will benefit both Whereas John Arthur ‘‘Jack’’ Johnson was THE COLLECTION AND RESTORA- our countries as trade expands. To- a flamboyant, defiant, and controversial fig- gether with the other nations of the TION OF HISTORIC AND CLASSIC ure in the history of the United States who Western Hemisphere, we must strive to CARS IS AN IMPORTANT PART challenged racial biases; find common solutions to common OF PRESERVING THE TECHNO- Whereas Jack Johnson was born in Gal- LOGICAL ACHIEVEMENTS AND veston, Texas, in 1878 to parents who were problems, given the tremendous chal- former slaves; lenges we face today. CULTURAL HERITAGE OF THE UNITED STATES Whereas Jack Johnson became a profes- Mr. CORNYN. Mr. President, I rise to sional boxer and traveled throughout the speak in favor of the U.S.-Paraguay Mr. TESTER submitted the following United States, fighting white and African Partnership Act of 2009. I introduced American heavyweights; this legislation earlier today along resolution; which was referred to the Whereas, after being denied (on purely ra- with my colleague from the Finance Committee on the Judiciary: cial grounds) the opportunity to fight 2 white champions, in 1908, Jack Johnson was Committee, Senator BILL NELSON of S. RES. 97 Florida. granted an opportunity by an Australian Whereas many people in the United States promoter to fight the reigning white title- This legislation will do two things; it maintain classic automobiles as a pastime will reduce trade barriers between the holder, Tommy Burns; and do so with great passion and as a means Whereas Jack Johnson defeated Tommy U.S., and Paraguay and it will encour- of individual expression; Burns to become the first African American age continued bi-national security co- Whereas the Senate recognizes the effect to hold the title of Heavyweight Champion of operation. Paraguay is a friendly ally that the more than 100-year history of the the World; in Latin America, and it is beneficial automobile has had on the economic Whereas, the victory by Jack Johnson over to support and empower our allies in progress of the Nation and supports whole- Tommy Burns prompted a search for a white this sometimes-hostile region of the heartedly all activities involved in the res- boxer who could beat Jack Johnson, a re- Americas. toration and exhibition of classic auto- cruitment effort that was dubbed the search The U.S.-Paraguay Partnership Act mobiles; for the ‘‘great white hope’’; will add Paraguay to our Nation’s ex- Whereas collection, restoration, and pres- Whereas, in 1910, a white former champion named Jim Jeffries left retirement to fight isting trade pact with four countries in ervation of automobiles is an activity shared across generations and across all segments of Jack Johnson in Reno, Nevada; the Andean region of Latin America. society; Whereas Jim Jeffries lost to Jack Johnson The Andean Trade Promotion and Drug Whereas thousands of local car clubs and in what was deemed the ‘‘Battle of the Cen- Enforcement Act, ATPDEA, enacted in related businesses have been instrumental in tury’’; 2002, is an economic tool that provides preserving a historic part of this Nation’s Whereas the defeat of Jim Jeffries by Jack incentives for Andean nations to grow heritage by encouraging the restoration and Johnson led to rioting, aggression against and manufacture legitimate products exhibition of such vintage works of art; African Americans, and the racially-moti- in order to reduce the grip of illegal Whereas automotive restoration provides vated murder of African Americans nation- drug cultivation and trafficking. well-paying, high-skilled jobs for people in wide; The ATPDEA has helped reduce the all 50 States; and Whereas the relationships of Jack Johnson with white women compounded the resent- flow of narcotics from Peru, Colombia, Whereas automobiles have provided the inspiration for music, photography, cinema, ment felt toward him by many whites; and Ecuador since its enactment. In Whereas, between 1901 and 1910, 754 African addition to the illegal drug eradication fashion, and other artistic pursuits that have become part of the popular culture of the Americans were lynched, some for simply for function, the accord also fostered much United States: Now therefore, be it being ‘‘too familiar’’ with white women; greater economic cooperation between Whereas, in 1910, Congress passed the Act the Andean region and the U.S. More- Resolved, That the Senate— of June 25, 1910 (commonly known as the over, the two free trade agreements (1) designates June 1, 2009, as ‘‘Collector ‘‘White Slave Traffic Act’’ or the ‘‘Mann Car Appreciation Day’’; Act’’) (18 U.S.C. 2421 et seq.), which outlawed President George W. Bush negotiated (2) encourages the Department of Edu- and signed with Peru and Colombia the transportation of women in interstate or cation, the Department of Transportation, foreign commerce ‘‘for the purpose of pros- were borne out of the cooperation de- and other Federal agencies to work in col- titution or debauchery, or for any other im- veloped by the Andean trade accord. laboration with the community of car collec- moral purpose’’; Paraguay is an important ally in tors in the United States to support events Whereas, in October 1912, Jack Johnson be- U.S. counternarcotics efforts and is and commemorations of ‘‘Collector Car Ap- came involved with a white woman whose helping crackdown on terrorist financ- preciation Day’’, including exhibitions and mother disapproved of their relationship and ing activities in its region. The govern- educational and cultural activities for young sought action from the Department of Jus- ment of Paraguay recognizes the value people; and tice, claiming that Jack Johnson had ab- in developing its economy by pro- (3) encourages the people of the United ducted her daughter; moting legitimate alternatives to nar- States to engage in events and commemora- Whereas Jack Johnson was arrested by tions of ‘‘Collector Car Appreciation Day’’ Federal marshals on October 18, 1912, for cotics cultivation and trade. Our bi-na- that create opportunities for collector car transporting the woman across State lines tional eradication strategy is working, owners to educate young people on the im- for an ‘‘immoral purpose’’ in violation of the and this bill will provide economic in- portance of preserving the cultural heritage Mann Act; centives to continue the fight against of the United States, including through the Whereas the Mann Act charges against narco-terrorism from the ground up. collection and restoration of collector cars. Jack Johnson were dropped when the woman

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Johnson was a flawed in- ery’’; rican-American heavyweight cham- dividual who was certainly controver- Whereas, in 1913, Jack Johnson was con- pion. sial. But he was also a historic Amer- victed of violating the Mann Act and sen- Mr. Johnson’s success in the ring, ican figure, whose life and accomplish- tenced to 1 year and 1 day in Federal prison; and sometimes indulgent lifestyle out- ments played an instrumental role in Whereas Jack Johnson fled the United side of it, fostered resentment among our Nation’s progress toward true States to Canada and various European and many and raised concerns that his con- equality under the law. And he de- South American countries; tinued dominance in the ring would served much better than a racially mo- Whereas Jack Johnson lost the Heavy- somehow disrupt what was then per- tivated conviction, which denied him weight Championship title to Jess Willard in of his liberty, and served to diminish Cuba in 1915; ceived by many as a ‘‘racial order.’’ So Whereas Jack Johnson returned to the as history tells us, a search for a Cau- his athletic, cultural, and historic sig- United States in July 1920, surrendered to casian boxer who could defeat Johnson nificance. authorities, and served nearly a year in the began a recruitment effort that was Yesterday was the 131st anniversary Federal penitentiary at Leavenworth, Kan- dubbed the search for the ‘‘Great White of Jack Johnson’s birth and we should sas; Hope.’’ That hope arrived in the person take this opportunity to allow future Whereas Jack Johnson subsequently of former champion, Jim Jeffries, who generations to grasp fully what Jack fought in boxing matches, but never regained returned from retirement to fight Johnson accomplished against great the Heavyweight Championship title; odds and appreciate his contributions Johnson in 1910. But when Johnson de- Whereas Jack Johnson served his country to society unencumbered by the taint feated Jeffries, race riots broke out as during World War II by encouraging citizens of his criminal conviction. We know to buy war bonds and participating in exhi- many sought to avenge the loss. bition boxing matches to promote the war Following the defeat of the ‘‘Great that we cannot possibly right the bond cause; White Hope,’’ the Federal Government wrong that was done to Jack Johnson, Whereas Jack Johnson died in an auto- launched an investigation into the le- but we can take this small step toward mobile accident in 1946; and gality of Johnson’s relationships with acknowledging his mistreatment and Whereas, in 1954, Jack Johnson was in- removing the cloud that casts a shadow Caucasian women. The Mann Act, ducted into the Boxing Hall of Fame: Now, on his legacy. I urge my colleagues to which was enacted in 1910, outlawed therefore, be it support this resolution. Resolved by the Senate (the House of Rep- the transport of Caucasian women resentatives concurring), That it is the sense across State lines for the purpose of f of the Senate that— prostitution or debauchery, or for ‘‘any AMENDMENTS SUBMITTED AND (1) John Arthur ‘‘Jack’’ Johnson paved the other immoral purpose.’’ Using the PROPOSED way for African American athletes to par- ‘‘any other immoral purpose’’ clause as SA 805. Mr. ENSIGN (for himself, Mrs. ticipate and succeed in racially integrated a pretext, Federal law enforcement of- professional sports in the United States; FEINSTEIN, Mr. GREGG, Mr. GRAHAM, Mr. (2) Jack Johnson was wronged by a racially ficials set out to ‘‘get’’ Johnson. On Oc- ENZI, Mr. CRAPO, Mr. COBURN, and Mr. motivated conviction prompted by his suc- tober 18, 1912, he was arrested for trans- GRASSLEY) submitted an amendment in- cess in the boxing ring and his relationship porting his Caucasian girlfriend across tended to be proposed by him to the concur- with white women; State lines in violation of the act. rent resolution S. Con. Res. 13, setting forth (3) the criminal conviction of Jack John- However, the charges were dropped the congressional budget for the United son unjustly ruined his career and destroyed States Government for fiscal year 2010, revis- when the Caucasian, whose mother had ing the appropriate budgetary levels for fis- his reputation; and originally tipped off Federal officials, (4) the President of the United States cal year 2009, and setting forth the appro- refused to cooperate with authorities. priate budgetary levels for fiscal years 2011 should grant a pardon to Jack Johnson post- through 2014. humously— She later married Johnson. SA 806. Mr. CORNYN submitted an amend- (A) to expunge a racially motivated abuse Yet Federal authorities persisted in their persecution of Johnson, per- ment intended to be proposed by him to the of the prosecutorial authority of the Federal concurrent resolution S. Con. Res. 13, supra. Government from the annals of criminal jus- suading a former Caucasian girlfriend SA 807. Mr. JOHANNS submitted an tice in the United States; and of Johnson’s to testify that he had amendment intended to be proposed by him (B) in recognition of the athletic and cul- transported her across State lines. Her to the concurrent resolution S. Con. Res. 13, tural contributions of Jack Johnson to soci- testimony resulted in Johnson’s con- supra; which was ordered to lie on the table. ety. viction in 1913, when he was sentenced SA 808. Mr. BROWN submitted an amend- Mr. MCCAIN. Mr. President, today I to 1 year and a day in Federal prison. ment intended to be proposed by him to the am pleased to introduce a resolution to During Johnson’s appeal, one pros- concurrent resolution S. Con. Res. 13, supra; pardon posthumously the world’s first which was ordered to lie on the table. ecutor admitted that ‘‘Mr. Johnson SA 809. Mr. BROWN submitted an amend- African-American heavyweight cham- was perhaps persecuted as an indi- ment intended to be proposed by him to the pion, John Arthur ‘‘Jack’’ Johnson. vidual, but that it was his misfortune concurrent resolution S. Con. Res. 13, supra; This resolution expresses the sense of to be the foremost example of the evil which was ordered to lie on the table. the Senate that the President should in permitting the intermarriage of SA 810. Mr. BROWN submitted an amend- exercise his constitutional authority to whites and blacks.’’ ment intended to be proposed by him to the pardon Jack Johnson posthumously. After the trial, Johnson fled the concurrent resolution S. Con. Res. 13, supra; which was ordered to lie on the table. For my colleagues who may not be country to Canada, and then traveled SA 811. Mr. SANDERS submitted an familiar with the plight of Jack John- to various European and South Amer- amendment intended to be proposed by him son, he is considered by many to be the ican countries, before losing his heavy- to the concurrent resolution S. Con. Res. 13, most dominant athlete in boxing his- weight championship title in Cuba in supra; which was ordered to lie on the table. tory. Arthur John Johnson was born 1915. He returned to the United States SA 812. Mr. SANDERS submitted an March 31, 1878, in Galveston, TX, to in 1920, surrendered to federal authori- amendment intended to be proposed by him to the concurrent resolution S. Con. Res. 13, parents who were former slaves. At an ties, and served nearly a year in Fed- supra; which was ordered to lie on the table. early age he realized his talent for the eral prison. Despite this obvious and SA 813. Ms. KLOBUCHAR (for herself and sweet science. In order to make a liv- clear injustice, Johnson refused to turn Mr. WHITEHOUSE) submitted an amendment ing, Johnson traveled across the coun- his back on the country that betrayed intended to be proposed by her to the concur- try fighting anyone willing to face him. Mr. Johnson died in an auto- rent resolution S. Con. Res. 13, supra; which him. But he was denied repeatedly on was ordered to lie on the table. mobile accident in 1946. SA 814. Mr. PRYOR (for himself and Mr. purely racial grounds a chance to fight The Jack Johnson case is an igno- ROCKEFELLER) submitted an amendment infor the world heavyweight title. For minious stain on our Nation’s history. tended to be proposed by him to the concur- too long, African-American fighters Rectifying this injustice is long over- rent resolution S. Con. Res. 13, supra; which were not seen as legitimate contenders due. Again, this resolution calls on the was ordered to lie on the table.

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SA 815. Mr. REED (for himself and Ms. SA 834. Mr. BROWN submitted an amend- SA 854. Mr. DEMINT submitted an amend- COLLINS) submitted an amendment intended ment intended to be proposed by him to the ment intended to be proposed by him to the to be proposed by him to the concurrent res- concurrent resolution S. Con. Res. 13, supra; concurrent resolution S. Con. Res. 13, supra; olution S . Con. Res. 13, supra; which was or- which was ordered to lie on the table. which was ordered to lie on the table. dered to lie on the table. SA 835. Mr. GREGG (for himself, Mr. SA 855. Mr. DEMINT submitted an amend- SA 816. Mrs. BOXER submitted an amend- MCCONNELL, Mr. VOINOVICH, Mr. ALEXANDER, ment intended to be proposed by him to the ment intended to be proposed by her to the Mr. MARTINEZ, Mr. ENZI, Mr. LIEBERMAN, and concurrent resolution S. Con. Res. 13, supra; concurrent resolution S. Con. Res. 13, supra; Mr. ISAKSON) proposed an amendment to the which was ordered to lie on the table. which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra. SA 856. Mr. DEMINT submitted an amend- SA 817. Mr. BUNNING submitted an SA 836. Mr. REED (for himself, Ms. SNOWE, ment intended to be proposed by him to the amendment intended to be proposed by him Mr. DODD, Mr. KENNEDY, Mr. KERRY, Mr. concurrent resolution S. Con. Res. 13, supra; to the concurrent resolution S. Con. Res. 13, LEAHY, Mr. LIEBERMAN, Mr. SANDERS, Mr. which was ordered to lie on the table. supra; which was ordered to lie on the table. SCHUMER, Mr. WHITEHOUSE, Mr. ROCKE- SA 857. Mr. DEMINT submitted an amend- SA 818. Mr. BUNNING submitted an FELLER, Mrs. GILLIBRAND, Mrs. SHAHEEN, and ment intended to be proposed by him to the amendment intended to be proposed by him Mr. LEVIN) submitted an amendment in- concurrent resolution S. Con. Res. 13, supra; to the concurrent resolution S. Con. Res. 13, tended to be proposed by him to the concur- which was ordered to lie on the table. SA 858. Mr. DEMINT submitted an amend- supra; which was ordered to lie on the table. rent resolution S. Con. Res. 13, supra. SA 819. Mr. ENZI (for himself, Mr. ALEX- SA 837. Mr. DORGAN (for himself and Mr. ment intended to be proposed by him to the concurrent resolution S. Con. Res. 13, supra; ANDER, and Mr. BARRASSO) submitted an LEVIN) submitted an amendment intended to amendment intended to be proposed by him be proposed by him to the concurrent resolu- which was ordered to lie on the table. SA 859. Mr. DEMINT submitted an amend- to the concurrent resolution S. Con. Res. 13, tion S . Con. Res. 13, supra; which was or- supra; which was ordered to lie on the table. ment intended to be proposed by him to the dered to lie on the table. concurrent resolution S. Con. Res. 13, supra; SA 820. Mr. ENZI (for himself and Mr. SA 838. Mr. DORGAN submitted an amend- BARRASSO) submitted an amendment in- which was ordered to lie on the table. ment intended to be proposed by him to the SA 860. Mr. DEMINT submitted an amend- tended to be proposed by him to the concur- concurrent resolution S. Con. Res. 13, supra; rent resolution S. Con. Res. 13, supra; which ment intended to be proposed by him to the which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; was ordered to lie on the table. SA 839. Mr. ROBERTS submitted an SA 821. Mr. ENZI (for himself, Mr. MCCON- which was ordered to lie on the table. amendment intended to be proposed by him E NELL, Mr. GREGG, Mr. HATCH, and Mr. ROB- SA 861. Mr. D MINT submitted an amend- to the concurrent resolution S. Con. Res. 13, ment intended to be proposed by him to the ERTS) submitted an amendment intended to supra; which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; be proposed by him to the concurrent resolu- SA 840. Mr. BROWNBACK submitted an tion S . Con. Res. 13, supra; which was or- which was ordered to lie on the table. amendment intended to be proposed by him SA 862. Mr. DEMINT submitted an amend- dered to lie on the table. to the concurrent resolution S. Con. Res. 13, SA 822. Mr. ENZI submitted an amendment ment intended to be proposed by him to the supra; which was ordered to lie on the table. intended to be proposed by him to the con- concurrent resolution S. Con. Res. 13, supra; SA 841. Ms. MURKOWSKI (for herself, Mrs. which was ordered to lie on the table. current resolution S. Con. Res. 13, supra; MURRAY, Mr. BENNET, Mr. TESTER, and Mr. SA 863. Mr. DEMINT submitted an amend- which was ordered to lie on the table. THUNE) submitted an amendment intended to ment intended to be proposed by him to the SA 823. Mr. ENZI (for himself and Mr. ROB- be proposed by her to the concurrent resolu- concurrent resolution S. Con. Res. 13, supra; ERTS) submitted an amendment intended to tion S . Con. Res. 13, supra; which was or- which was ordered to lie on the table. be proposed by him to the concurrent resolu- dered to lie on the table. SA 864. Mr. ENSIGN submitted an amend- tion S . Con. Res. 13, supra; which was or- SA 842. Mr. MARTINEZ submitted an ment intended to be proposed by him to the dered to lie on the table. concurrent resolution S. Con. Res. 13, supra; SA 824. Mr. ENZI submitted an amendment amendment intended to be proposed by him to the concurrent resolution S. Con. Res. 13, which was ordered to lie on the table. intended to be proposed by him to the con- SA 865. Mr. INHOFE submitted an amend- current resolution S. Con. Res. 13, supra; supra; which was ordered to lie on the table. SA 843. Mr. MARTINEZ submitted an ment intended to be proposed by him to the which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; SA 825. Mr. ENZI (for himself, Mr. amendment intended to be proposed by him to the concurrent resolution S. Con. Res. 13, which was ordered to lie on the table. BARRASSO, Mr. VITTER, Mr. HATCH, and Mr. supra; which was ordered to lie on the table. SA 866. Mrs. HUTCHISON (for herself, Mr. CRAPO) submitted an amendment intended to MARTINEZ, Mr. VITTER, Mr. ENZI, Mr. be proposed by him to the concurrent resolu- SA 844. Mr. CRAPO proposed an amendment to the concurrent resolution S. Con. CORNYN, and Mr. BROWNBACK) submitted an tion S . Con. Res. 13, supra; which was or- amendment intended to be proposed by her dered to lie on the table. Res. 13, supra. SA 845. Ms. LANDRIEU (for herself and Mr. to the concurrent resolution S. Con. Res. 13, SA 826. Mr. ENZI (for himself and Mr. supra; which was ordered to lie on the table. BARRASSO) submitted an amendment in- GRASSLEY) submitted an amendment intended to be proposed by her to the concur- SA 867. Mrs. HUTCHISON (for herself, Mr. tended to be proposed by him to the concur- BOND, Mr. VITTER, Mr. ROBERTS, Mr. INHOFE, rent resolution S. Con. Res. 13, supra; which rent resolution S. Con. Res. 13, supra; which was ordered to lie on the table. Mr. VOINOVICH, Mr. WICKER, Mr. BROWNBACK, was ordered to lie on the table. Mr. CORNYN, Mr. COCHRAN, Mr. SHELBY, Mr. SA 827. Ms. COLLINS (for herself, Mr. SA 846. Mr. DEMINT submitted an amendment intended to be proposed by him to the COBURN, and Mr. BARRASSO) submitted an BINGAMAN, and Mr. BAYH) submitted an amendment intended to be proposed by her amendment intended to be proposed by her concurrent resolution S. Con. Res. 13, supra; which was ordered to lie on the table. to the concurrent resolution S. Con. Res. 13, to the concurrent resolution S. Con. Res. 13, supra; which was ordered to lie on the table. SA 847. Mr. DEMINT submitted an amend- supra; which was ordered to lie on the table. SA 868. Mrs. HUTCHISON (for herself, Mr. ment intended to be proposed by him to the SA 828. Mr. COBURN (for himself, Mr. CORNYN, Mr. MARTINEZ, and Mr. ENZI) sub- concurrent resolution S. Con. Res. 13, supra; WICKER, Mr. VITTER, Mr. INHOFE, Mr. THUNE, mitted an amendment intended to be pro- which was ordered to lie on the table. and Mr. DEMINT) submitted an amendment posed by her to the concurrent resolution S. SA 848. Mr. DEMINT submitted an amend- intended to be proposed by him to the con- Con. Res. 13, supra; which was ordered to lie ment intended to be proposed by him to the current resolution S. Con. Res. 13, supra; on the table. which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; SA 869. Mr. WHITEHOUSE (for himself and which was ordered to lie on the table. SA 829. Mr. COBURN submitted an amend- Mrs. BOXER) submitted an amendment in- ment intended to be proposed by him to the SA 849. Mr. DEMINT submitted an amend- tended to be proposed by him to the concur- concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the rent resolution S. Con. Res. 13, supra; which which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; was ordered to lie on the table. SA 830. Mr. COBURN submitted an amend- which was ordered to lie on the table. SA 870. Mr. THUNE (for himself and Mrs. ment intended to be proposed by him to the SA 850. Mr. DEMINT submitted an amend- LINCOLN) submitted an amendment intended concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the to be proposed by him to the concurrent res- which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; olution S. Con. Res. 13, supra; which was or- SA 831. Mr. COBURN submitted an amend- which was ordered to lie on the table. dered to lie on the table. ment intended to be proposed by him to the SA 851. Mr. DEMINT submitted an amend- SA 871. Mr. ENSIGN submitted an amend- concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the ment intended to be proposed by him to the which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; concurrent resolution S. Con. Res. 13, supra; SA 832. Mr. COBURN submitted an amend- which was ordered to lie on the table. which was ordered to lie on the table. ment intended to be proposed by him to the SA 852. Mr. DEMINT submitted an amend- SA 872. Mr. DODD (for himself, Mr. concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the LIEBERMAN, and Ms. COLLINS) submitted an which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; amendment intended to be proposed by him SA 833. Mr. CRAPO (for himself, Mr. which was ordered to lie on the table. to the concurrent resolution S. Con. Res. 13, INHOFE, and Mr. RISCH) submitted an amend- SA 853. Mr. DEMINT submitted an amend- supra; which was ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 873. Mrs. LINCOLN (for herself, Mr. concurrent resolution S. Con. Res. 13, supra; concurrent resolution S. Con. Res. 13, supra; KYL, Mr. NELSON, of Nebraska, Mr. GRASS- which was ordered to lie on the table. which was ordered to lie on the table. LEY, Mr. PRYOR, Mr. ROBERTS, Ms. LANDRIEU,

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Mr. ENZI, and Ms. COLLINS) submitted an SA 891. Mr. COBURN submitted an amend- SA 912. Mr. BEGICH submitted an amend- amendment intended to be proposed by her ment intended to be proposed by him to the ment intended to be proposed by him to the to the concurrent resolution S. Con. Res. 13, concurrent resolution S. Con. Res. 13, supra; concurrent resolution S. Con. Res. 13, supra; supra; which was ordered to lie on the table. which was ordered to lie on the table. which was ordered to lie on the table. SA 874. Ms. LANDRIEU (for herself and Mr. SA 892. Mr. COBURN submitted an amend- SA 913. Mr. DODD (for himself and Mr. GRASSLEY) submitted an amendment in- ment intended to be proposed by him to the SHELBY) submitted an amendment intended tended to be proposed by her to the concur- concurrent resolution S. Con. Res. 13, supra; to be proposed by him to the concurrent res- rent resolution S. Con. Res. 13, supra; which which was ordered to lie on the table. olution S. Con. Res. 13, supra; which was or- was ordered to lie on the table. SA 893. Mr. COBURN submitted an amend- dered to lie on the table. SA 875. Mr. SANDERS (for himself, Mr. ment intended to be proposed by him to the SA 914. Mr. KERRY submitted an amend- FEINGOLD, and Mr. WEBB) submitted an concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the amendment intended to be proposed by him which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; to the concurrent resolution S. Con. Res. 13, SA 894. Mr. COBURN submitted an amend- which was ordered to lie on the table. supra; which was ordered to lie on the table. ment intended to be proposed by him to the SA 915. Mr. TESTER submitted an amend- SA 876. Mrs. LINCOLN (for herself and Ms. concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the SNOWE) submitted an amendment intended which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; to be proposed by her to the concurrent reso- SA 895. Mr. COBURN submitted an amend- which was ordered to lie on the table. lution S. Con. Res. 13, supra; which was or- ment intended to be proposed by him to the SA 916. Mr. TESTER (for himself, Mrs. LIN- dered to lie on the table. concurrent resolution S. Con. Res. 13, supra; COLN, Mr. BROWN, Mr. BAUCUS, Mr. SANDERS, SA 877. Mr. REED (for himself and Ms. which was ordered to lie on the table. Mr. WEBB, Mrs. MCCASKILL, and Ms. SNOWE) COLLINS) submitted an amendment intended SA 896. Mr. COBURN submitted an amend- submitted an amendment intended to be pro- to be proposed by him to the concurrent res- ment intended to be proposed by him to the posed by him to the concurrent resolution S. olution S. Con. Res. 13, supra; which was or- concurrent resolution S. Con. Res. 13, supra; Con. Res. 13, supra; which was ordered to lie dered to lie on the table. which was ordered to lie on the table. on the table. SA 878. Mr. DODD (for himself and Mr. SA 897. Mr. CRAPO submitted an amend- SA 917. Mrs. MCCASKILL submitted an amendment intended to be proposed by her HATCH) submitted an amendment intended to ment intended to be proposed by him to the be proposed by him to the concurrent resolu- concurrent resolution S. Con. Res. 13, supra; to the concurrent resolution S. Con. Res. 13, tion S. Con. Res. 13, supra; which was or- which was ordered to lie on the table. supra; which was ordered to lie on the table. SA 918. Mr. CORNYN submitted an amend- dered to lie on the table. SA 898. Mr. GRAHAM submitted an amend- SA 879. Ms. STABENOW (for herself, Mr. ment intended to be proposed by him to the ment intended to be proposed by him to the concurrent resolution S. Con. Res. 13, supra; BROWN, Mrs. BOXER, and Mrs. SHAHEEN) sub- concurrent resolution S. Con. Res. 13, supra; mitted an amendment intended to be pro- which was ordered to lie on the table. which was ordered to lie on the table. SA 919. Mr. CORNYN submitted an amend- posed by her to the concurrent resolution S. SA 899. Mrs. LINCOLN (for herself, Ms. ment intended to be proposed by him to the Con. Res. 13, supra; which was ordered to lie SNOWE, and Mr. LIEBERMAN) submitted an concurrent resolution S. Con. Res. 13, supra; on the table. amendment intended to be proposed by her to the concurrent resolution S. Con. Res. 13, which was ordered to lie on the table. SA 880. Mrs. MURRAY (for herself and Mr. SA 920. Mr. MENENDEZ (for himself and BOND) submitted an amendment intended to supra; which was ordered to lie on the table. SA 900. Mr. BEGICH submitted an amend- Mr. CARPER) submitted an amendment in- be proposed by her to the concurrent resolu- tended to be proposed by him to the concur- tion S. Con. Res. 13, supra; which was or- ment intended to be proposed by him to the concurrent resolution S. Con. Res. 13, supra; rent resolution S. Con. Res. 13, supra; which dered to lie on the table. was ordered to lie on the table. SA 881. Mr. DORGAN (for himself and Ms. which was ordered to lie on the table. SA 901. Mr. BEGICH submitted an amend- SA 921. Mr. MENENDEZ (for himself and SNOWE) submitted an amendment intended ment intended to be proposed by him to the Mr. KAUFMAN) submitted an amendment in- to be proposed by him to the concurrent res- concurrent resolution S. Con. Res. 13, supra; tended to be proposed by him to the concur- olution S. Con. Res. 13, supra; which was or- which was ordered to lie on the table. rent resolution S. Con. Res. 13, supra; which dered to lie on the table. SA 902. Mr. BEGICH submitted an amend- was ordered to lie on the table. SA 882. Mr. MCCAIN (for himself, Mr. ment intended to be proposed by him to the SA 922. Mr. HATCH submitted an amend- COBURN, Mr. GRAHAM, and Mrs. HUTCHISON) concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the submitted an amendment intended to be pro- which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; posed by him to the concurrent resolution S. SA 903. Mr. BEGICH submitted an amend- which was ordered to lie on the table. Con. Res. 13, supra. ment intended to be proposed by him to the SA 923. Mr. HATCH submitted an amend- SA 883. Ms. COLLINS (for herself and Mrs. concurrent resolution S. Con. Res. 13, supra; ment intended to be proposed by him to the LINCOLN) submitted an amendment intended which was ordered to lie on the table. concurrent resolution S. Con. Res. 13, supra; to be proposed by her to the concurrent reso- SA 904. Mr. LIEBERMAN (for himself and which was ordered to lie on the table. lution S. Con. Res. 13, supra; which was or- Mr. CORNYN) submitted an amendment in- SA 924. Mr. HATCH submitted an amend- dered to lie on the table. tended to be proposed by him to the concur- ment intended to be proposed by him to the SA 884. Mr. SESSIONS (for himself, Mr. rent resolution S. Con. Res. 13, supra; which concurrent resolution S. Con. Res. 13, supra; KYL, Ms. MURKOWSKI, and Mr. INHOFE) sub- was ordered to lie on the table. which was ordered to lie on the table. mitted an amendment intended to be pro- SA 905. Ms. SNOWE (for herself and Mr. SA 925. Mr. HATCH submitted an amend- posed by him to the concurrent resolution S. CARDIN) submitted an amendment intended ment intended to be proposed by him to the Con. Res. 13, supra; which was ordered to lie to be proposed by her to the concurrent reso- concurrent resolution S. Con. Res. 13, supra; on the table. lution S. Con. Res. 13, supra; which was or- which was ordered to lie on the table. SA 885. Mr. BENNETT (for himself, Mr. dered to lie on the table. SA 926. Mr. BOND submitted an amend- GRAHAM, Mr. CRAPO, Mr. BINGAMAN, and Mr. SA 906. Ms. MURKOWSKI (for herself and ment intended to be proposed by him to the ALEXANDER) submitted an amendment in- Mr. ALEXANDER) submitted an amendment concurrent resolution S. Con. Res. 13, supra; tended to be proposed by him to the concur- intended to be proposed by her to the concur- which was ordered to lie on the table. rent resolution S. Con. Res. 13, supra; which rent resolution S. Con. Res. 13, supra; which SA 927. Mr. BOND submitted an amend- was ordered to lie on the table. was ordered to lie on the table. ment intended to be proposed by him to the SA 886. Ms. KLOBUCHAR submitted an SA 907. Ms. MURKOWSKI (for herself and concurrent resolution S. Con. Res. 13, supra; amendment intended to be proposed by her Mr. BARRASSO) submitted an amendment in- which was ordered to lie on the table. to the concurrent resolution S. Con. Res. 13, tended to be proposed by her to the concur- f supra; which was ordered to lie on the table. rent resolution S. Con. Res. 13, supra; which SA 887. Ms. KLOBUCHAR submitted an was ordered to lie on the table. TEXT OF AMENDMENTS amendment intended to be proposed by her SA 908. Ms. MURKOWSKI submitted an SA 805. Mr. ENSIGN (for himself, to the concurrent resolution S. Con. Res. 13, amendment intended to be proposed by her Mrs. FEINSTEIN, Mr. GREGG, Mr. supra; which was ordered to lie on the table. to the concurrent resolution S. Con. Res. 13, GRAHAM, Mr. ENZI, Mr. CRAPO, Mr. SA 888. Mr. BROWN (for himself and Mrs. supra; which was ordered to lie on the table. OBURN RASSLEY BOXER) submitted an amendment intended to SA 909. Mr. CORNYN submitted an amend- C , and Mr. G ) submitted be proposed by him to the concurrent resolu- ment intended to be proposed by him to the an amendment intended to be proposed tion S. Con. Res. 13, supra; which was or- concurrent resolution S. Con. Res. 13, supra; by him to the concurrent resolution S. dered to lie on the table. which was ordered to lie on the table. Con. Res. 13, setting forth the congres- SA 889. Ms. KLOBUCHAR submitted an SA 910. Mr. GRAHAM submitted an amend- sional budget for the United States amendment intended to be proposed by her ment intended to be proposed by him to the Government for fiscal year 2010, revis- to the concurrent resolution S. Con. Res. 13, concurrent resolution S. Con. Res. 13, supra; ing the appropriate budgetary levels supra; which was ordered to lie on the table. which was ordered to lie on the table. SA 890. Mr. BARRASSO submitted an SA 911. Mr. BEGICH submitted an amend- for fiscal year 2009, and setting forth amendment intended to be proposed by him ment intended to be proposed by him to the the appropriate budgetary levels for to the concurrent resolution S. Con. Res. 13, concurrent resolution S. Con. Res. 13, supra; fiscal years 2011 through 2014; as fol- supra; which was ordered to lie on the table. which was ordered to lie on the table. lows:

VerDate Nov 24 2008 03:55 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.090 S01APPT1 smartinez on PROD1PC64 with SENATE S4200 CONGRESSIONAL RECORD — SENATE April 1, 2009 On page 4, line 15, decrease the amount SEC. ll . POINT OF ORDER ON LEGISLATION On page 27, line 23, decrease the amount by by $303,420,000. THAT RAISES INCOME TAX RATES $5,000,000. On page 4, line 16, decrease the amount ON SMALL BUSINESSES. On page 27, line 24, decrease the amount by by $475,732,000. (a) In General.—In the Senate, it shall not $5,000,000. On page 4, line 17, decrease the amount be in order, to consider any bill, joint resolu- On page 28, line 2, decrease the amount by by $599,908,000. tion, amendment, motion, or conference re- $10,000,000. On page 4, line 18, decrease the amount port that includes any provision which in- On page 28, line 3, decrease the amount by by $755,924,000. creases Federal income tax rates. $10,000,000. On page 4, line 24, decrease the amount (b) Definition.—In this section, the term On page 28, line 6, decrease the amount by by $303,420,000. ‘‘Federal income tax rates’’ means any rate $10,000,000. On page 4, line 25, decrease the amount of tax imposed under subsection (a), (b), (c), On page 28, line 7, decrease the amount by by $475,732,000. (d), or (e) of section 1, 11(b), or 55(b) of the In- $10,000,000. On page 5, line 1, decrease the amount by ternal Revenue Code of 1986. (c) Waiver.—This section may be waived or $599,908,000. SA 809. Mr. BROWN submitted an suspended in the Senate only by an affirma- On page 5, line 2, decrease the amount by amendment intended to be proposed by tive vote of three-fifths of the Members, $755,924,000. him to the concurrent resolution S. dully chosen and sworn. On page 5, line 8, decrease the amount by (d) Appeals.—An affirmative vote of three- Con. Res. 13, setting forth the congres- $303,420,000. fifths of the Members of the Senate, duly sional budget for the United States On page 5, line 9, decrease the amount by chosen and sworn, shall be required to sus- Government for fiscal year 2010, revis- $475,732,000. tain an appeal of the ruling of the Chair on ing the appropriate budgetary levels On page 5, line 10, decrease the amount a point of order raised under this section. by $599,908,000. for fiscal year 2009, and setting forth the appropriate budgetary levels for On page 5, line 11, decrease the amount SA 807. Mr. JOHANNS submitted an fiscal years 2011 through 2014; which by $755,924,000. amendment intended to be proposed by On page 5, line 18, decrease the amount was ordered to lie on the table; as fol- him to the concurrent resolution S. by $303,420,000. lows: On page 5, line 19, decrease the amount Con. Res. 13, setting forth the congressional budget for the United States On page 33, line 2, after ‘‘development,’’, by $779,152,000. insert ‘‘strengthen and retool manufacturing On page 5, line 20, decrease the amount Government for fiscal year 2010, revis- supply chains,’’. by $1,379,060,000. ing the appropriate budgetary levels On page 5, line 21, decrease the amount for fiscal year 2009, and setting forth SA 810. Mr. BROWN submitted an by $2,134,984,000. the appropriate budgetary levels for amendment intended to be proposed by On page 6, line 1, decrease the amount by fiscal years 2011 through 2014; which $303,420,000. him to the concurrent resolution S. On page 6, line 2, decrease the amount by was ordered to lie on the table; as fol- Con. Res. 13, setting forth the congres- $779,152,000. lows: sional budget for the United States On page 6, line 3, decrease the amount by At the end of title II, add the following: Government for fiscal year 2010, revis- $1,379,060,000. SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR ing the appropriate budgetary levels On page 6, line 4, decrease the amount by THE DEFENSE OF THE UNITED for fiscal year 2009, and setting forth STATES AND ITS ALLIES AGAINST $2,134,984,000. the appropriate budgetary levels for On page 21, line 3, decrease the amount THE THREAT OF BALLISTIC MISSILE by $300,000,000. ATTACK. fiscal years 2011 through 2014; which In the event the United States or an ally of On page 21, line 4, decrease the amount was ordered to lie on the table; as fol- the United States engages a ballistic missile by $300,000,000. lows: fired by a third party without the mutual On page 21, line 7, decrease the amount On page 37, line 24, insert ‘‘by increasing consent of the engaging party and the party by $460,000,000. support for sector workforce training,’’ after firing such missile, it shall be in order for On page 21, line 8, decrease the amount ‘‘products,’’. the Chairman of the Senate Committee on by $460,000,000. On page 21, line 11, decrease the amount the Budget to revise the allocations of a SA 811. Mr. SANDERS submitted an by $560,000,000. committee or committees, aggregates, and other appropriate levels in this resolution amendment intended to be proposed by On page 21, line 12, decrease the amount him to the concurrent resolution S. by $560,000,000. for one or more bills, joint resolutions, amendments, motions, or conference reports Con. Res. 13, setting forth the congres- On page 21, line 15, decrease the amount sional budget for the United States by $680,000,000. that would provide funding for United States On page 21, line 16, decrease the amount programs for research, development, and de- Government for fiscal year 2010, revis- by $680,000,000. ployment of ballistic missile defense by the ing the appropriate budgetary levels On page 27, line 3, decrease the amount amounts provided in that legislation for that for fiscal year 2009, and setting forth by $3,420,000. purpose, provided that such legislation the appropriate budgetary levels for would not increase the deficit over either the On page 27, line 4, decrease the amount fiscal years 2011 through 2014; which by $3,420,000. period of the total of fiscal years 2009 through 2014 or the period of the total of fis- was ordered to lie on the table; as fol- On page 27, line 7, decrease the amount lows: by $15,732,000. cal years of 2009 through 2019. At the appropriate place, insert the fol- On page 27, line 8, decrease the amount SA 808. Mr. BROWN submitted an by $15,732,000. lowing: On page 27, line 11, decrease the amount amendment intended to be proposed by SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO by $39,908,000. him to the concurrent resolution S. ESTABLISH A NATIONAL USURY LAW. On page 27, line 12, decrease the amount Con. Res. 13, setting forth the congres- The chairman of the Committee on the by $39,908,000. sional budget for the United States Budget of the Senate may revise the aggre- On page 27, line 15, decrease the amount Government for fiscal year 2010, revis- gates, allocations, and other appropriate lev- by $75,924,000. els in this resolution for one or more bills, ing the appropriate budgetary levels joint resolutions, amendments, motions, or On page 27, line 16, decrease the amount for fiscal year 2009, and setting forth by $75,924,000. conference reports to establish a national the appropriate budgetary levels for usury law, provided that such legislation fiscal years 2011 through 2014; which SA 806. Mr. CORNYN submitted an does not increase the deficit over either the period of the total of fiscal years 2009 amendment intended to be proposed by was ordered to lie on the table; as follows: through 2014 or the period of the total of fis- him to the concurrent resolution S. cal years 2009 through 2019. Con. Res. 13, setting forth the congres- On page 20, line 24, increase the amount by $5,000,000. sional budget for the United States On page 20, line 25, increase the amount by SA 812. Mr. SANDERS submitted an Government for fiscal year 2010, revis- $5,000,000. amendment intended to be proposed by ing the appropriate budgetary levels On page 21, line 3, increase the amount by him to the concurrent resolution S. for fiscal year 2009, and setting forth $10,000,000. Con. Res. 13, setting forth the congres- the appropriate budgetary levels for On page 21, line 4, increase the amount by sional budget for the United States fiscal years 2011 through 2014; as fol- $10,000,000. Government for fiscal year 2010, revis- On page 21, line 7, increase the amount by lows: $10,000,000. ing the appropriate budgetary levels At the end of subtitle A of title III, insert On page 21, line 8, increase the amount by for fiscal year 2009, and setting forth the following: $10,000,000. the appropriate budgetary levels for

VerDate Nov 24 2008 03:55 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.092 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4201 fiscal years 2011 through 2014; which concurrent resolution S. Con. Res. 13, other appropriate levels and limits in this was ordered to lie on the table; as fol- setting forth the congressional budget resolution for one or more bills, joint resolu- lows: for the United States Government for tions, amendments, motions, or conference fiscal year 2010, revising the appro- reports that increases the amount by which At the end of title II, add the following: a capital loss of an individual is allowed, by SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO priate budgetary levels for fiscal year the amounts provided by that legislation for PROTECT SOCIAL SECURITY. 2009, and setting forth the appropriate those purposes, provided that such legisla- The Chairman of the Senate Committee budgetary levels for fiscal years 2011 tion would not increase the deficit over ei- on the Budget may revise the allocations, through 2014; which was ordered to lie ther the period of the total of fiscal years aggregates, and other levels in this resolu- on the table; as follows: 2009 through 2014 or the period of the total of tion by the amounts provided by one or more fiscal years 2009 through 2019. bills, joint resolutions, amendments, mo- On page 34, line 13, insert ‘‘by investing in programs such as the programs under sub- tions, or conference reports that would pro- SA 819. Mr. ENZI (for himself, Mr. tect Social Security by not reducing Social part 4 of part A of title IV of the Higher Edu- ALEXANDER, and Mr. BARRASSO) sub- Security benefits or raising the retirement cation Act of 1965 (20 U.S.C. 1070c et seq.)’’ age, by the amounts provided in that legisla- after ‘‘students’’. mitted an amendment intended to be tion for that purpose, provided that such leg- proposed by him to the concurrent res- islation would not increase the deficit over SA 816. Mrs. BOXER submitted an olution S. Con. Res. 13, setting forth either the period of the total of fiscal years amendment intended to be proposed by the congressional budget for the United 2009 through 2014 or the period of the total of her to the concurrent resolution S. States Government for fiscal year 2010, fiscal years 2009 through 2019. Con. Res. 13, setting forth the congres- revising the appropriate budgetary lev- sional budget for the United States els for fiscal year 2009, and setting Ms. KLOBUCHAR (for herself SA 813. Government for fiscal year 2010, revis- forth the appropriate budgetary levels and Mr. WHITEHOUSE) submitted an ing the appropriate budgetary levels for fiscal years 2011 through 2014; which amendment intended to be proposed by for fiscal year 2009, and setting forth was ordered to lie on the table; as fol- her to the concurrent resolution S. the appropriate budgetary levels for lows: Con. Res. 13, setting forth the congres- fiscal years 2011 through 2014; which sional budget for the United States On page 68, between lines 4 and 5, insert was ordered to lie on the table; as fol- the following: Government for fiscal year 2010, revis- lows: SEC. lll. RESTRICTIONS ON UNFUNDED MAN- ing the appropriate budgetary levels On page 38, line 19, after ‘‘refundable tax DATES ON STATES AND LOCAL GOV- for fiscal year 2009, and setting forth relief’’ insert ‘‘and enhancement of the em- ERNMENTS. the appropriate budgetary levels for ployer-provided child care credit and en- (a) POINT OF ORDER.—It shall not be in fiscal years 2011 through 2014; which hancement of the dependent care tax credit’’. order in the Senate to consider any bill, was ordered to lie on the table; as fol- joint resolution, motion, amendment, or con- lows: SA 817. Mr. BUNNING submitted an ference report that would increase the direct amendment intended to be proposed by costs of one or more States or local govern- At the end of title II, insert the fol- him to the concurrent resolution S. ments by an amount that exceeds the thresh- lowing: old provided under section 424(a)(1) of the SEC. lll. DEFICIT-NEUTRAL RESERVE FUND TO Con. Res. 13, setting forth the congressional budget for the United States Congressional Budget Act of 1974 (2 U.S.C. IMPROVE STUDENT ACHIEVEMENT. 658c(a)(1)). The Chairman of the Senate Committee Government for fiscal year 2010, revis- (b) WAIVER AND APPEAL.—Subsection (a) on the Budget may revise the allocations of ing the appropriate budgetary levels may be waived or suspended in the Senate a committee or committees, aggregates, and for fiscal year 2009, and setting forth only by an affirmative vote of three-fifths of other appropriate levels and limits in this the appropriate budgetary levels for the Members, duly chosen and sworn. An af- resolution for one or more bills, joint resolu- fiscal years 2011 through 2014; which firmative vote of three-fifths of the Members tions, amendments, motions, or conference of the Senate, duly chosen and sworn, shall reports that improve student achievement was ordered to lie on the table; as follows: be required to sustain an appeal of the ruling by focusing on attendance and truancy pre- of the Chair on a point of order raised under vention specifically at the middle school At the end of title II, add the following: subsection (a). grade level, by the amounts provided in such SEC. lll. DEFICIT-NEUTRAL RESERVE FUND legislation for those purposes, provided that FOR THE REPEAL OF THE 1993 IN- SA 820. Mr. ENZI (for himself and Mr. such legislation would not increase the def- CREASE IN THE INCOME TAX ON SO- CIAL SECURITY BENEFITS. BARRASSO) submitted an amendment icit over either the period of the total of fis- intended to be proposed by him to the cal years 2009 through 2014 or the period of The Chairman of the Senate Committee on the total of fiscal years 2009 through 2019. the Budget may revise the allocations, ag- concurrent resolution S. Con. Res. 13, gregates, and other levels in this resolution setting forth the congressional budget SA 814. Mr. PRYOR (for himself and by the amounts provided by a bill, joint reso- for the United States Government for lution, amendment, motion, or conference Mr. ROCKEFELLER) submitted an fiscal year 2010, revising the appro- report that would repeal the 1993 increase in priate budgetary levels for fiscal year amendment intended to be proposed by the income tax on social security benefits, him to the concurrent resolution S. provided that such legislation would not in- 2009, and setting forth the appropriate Con. Res. 13, setting forth the congres- crease the deficit over either the period of budgetary levels for fiscal years 2011 sional budget for the United States the total of fiscal years 2009 through 2014 or through 2014; which was ordered to lie Government for fiscal year 2010, revis- the period of the total of fiscal years 2009 on the table; as follows: ing the appropriate budgetary levels through 2019. At the appropriate place in title II, insert for fiscal year 2009, and setting forth the following: SA 818. Mr. BUNNING submitted an the appropriate budgetary levels for SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND amendment intended to be proposed by fiscal years 2011 through 2014; which TO IMPROVE ANIMAL HEALTH AND him to the concurrent resolution S. DISEASE PROGRAM. was ordered to lie on the table; as fol- Con. Res. 13, setting forth the congres- (a) IN GENERAL.—Subject to subsection (b), lows: sional budget for the United States the Chairman of the Committee on the Budg- On page 19, line 24, increase the amount by Government for fiscal year 2010, revis- et of the Senate may revise the allocations, $13,000,000. ing the appropriate budgetary levels aggregates, and other levels in this resolu- On page 19, line 25, increase the amount by tion by the amounts provided by a bill, joint $11,000,000. for fiscal year 2009, and setting forth resolution, amendment, motion, or con- On page 20, line 4, increase the amount by the appropriate budgetary levels for ference report that would ensure that the $2,000,000. fiscal years 2011 through 2014; which animal health and disease program estab- On page 27, line 23, decrease the amount by was ordered to lie on the table; as fol- lished under section 1433 of the National Ag- $13,000,000. lows: ricultural Research, Extension, and Teach- On page 27, line 24, decrease the amount by At the end of title II, insert the following: ing Policy Act of 1977 (7 U.S.C. 3195) is fully $11,000,000. funded. On page 28, line 3, decrease the amount by SEC. lll. DEFICIT-NEUTRAL RESERVE FUND FOR LEGISLATION TO INCREASE (b) DEFICIT NEUTRALITY.—Subsection (a) $2,000,000. THE AMOUNT OF CAPITAL LOSSES applies only if the legislation described in ALLOWED TO INDIVIDUALS. subsection (a) would not increase the deficit SA 815. Mr. REED (for himself and The Chairman of the Senate Committee on over the period of the total of fiscal years Ms. COLLINS) submitted an amendment the Budget may revise the allocations of a 2009 through 2014 or the period of the total of intended to be proposed by him to the committee or committees, aggregates, and fiscal years 2009 through 2019.

VerDate Nov 24 2008 07:18 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.108 S01APPT1 smartinez on PROD1PC64 with SENATE S4202 CONGRESSIONAL RECORD — SENATE April 1, 2009 SA 821. Mr. ENZI submitted an tended to be proposed by him to the Con. Res. 13, setting forth the congres- amendment intended to be proposed by concurrent resolution S. Con. Res. 13, sional budget for the United States him to the concurrent resolution S. setting forth the congressional budget Government for fiscal year 2010, revis- Con. Res. 13, setting forth the congres- for the United States Government for ing the appropriate budgetary levels sional budget for the United States fiscal year 2010, revising the appro- for fiscal year 2009, and setting forth Government for fiscal year 2010, revis- priate budgetary levels for fiscal year the appropriate budgetary levels for ing the appropriate budgetary levels 2009, and setting forth the appropriate fiscal years 2011 through 2014; which for fiscal year 2009, and setting forth budgetary levels for fiscal years 2011 was ordered to lie on the table; as fol- the appropriate budgetary levels for through 2014; which was ordered to lie lows: fiscal years 2011 through 2014; which on the table; as follows: At the end of subtitle A of title III, insert was ordered to lie on the table; as fol- On page 3, line 12, decrease the amount by the following: lows: $7,536,000,000. SEC. ll. POINT OF ORDER ON LEGISLATION At the appropriate place in title II, and in- On page 3, line 13, decrease the amount by THAT INCREASES TAXES DURING sert the following: $11,786,000,000. ANY PERIOD WHEN THE UNEMPLOY- MENT RATE IS IN EXCESS OF 5.8 SEC. lll. DEFICIT-NEUTRAL RESERVE FUND On page 3, line 14, decrease the amount by PERCENT. FOR ACCESS TO QUALITY AND AF- $13,136,000,000. FORDABLE HEALTH INSURANCE. On page 3, line 15, decrease the amount by (a) IN GENERAL.—In the Senate, it shall not The Chairman of the Senate Committee on $14,236,000,000. be in order, to consider any bill, joint resolu- the Budget may revise the allocations, ag- On page 4, line 6, increase the amount by tion, amendment, motion, or conference re- gregates, and other levels in this resolution $7,536,000,000. port during any period in which the unem- for one or more bills, joint resolutions, On page 4, line 7, increase the amount by ployment rate in the United States (as meas- amendments, motions, or conference reports $11,786,000,000. ured by the most recent Bureau of Labor that— On page 4, line 8, increase the amount by Statistics’ Current Population Survey and (1) ensures that every American is insured $13,136,000,000. based on the national seasonally adjusted by providing genuine access to quality, af- On page 4, line 9, increase the amount by rate for persons age 16 and over) exceeds 5.8 fordable health care that promotes choice $14,236,000,000. percent if such bill, joint resolution, amend- and competition to drive down costs, with- On page 4, line 15, increase the amount by ment, motion, or conference report increases out increasing health care spending; $85,910,000. taxes. (2) strengthens health care quality by pro- On page 4, line 16, increase the amount by (b) WAIVER.—This section may be waived moting wellness and empowering consumers $398,927,000. or suspended only by an affirmative vote of with accurate and comprehensive informa- On page 4, line 17, increase the amount by three-fifths of the Members, duly chosen and tion on quality and cost; $991,775,000. sworn. (3) protects Americans’ economic security On page 4, line 18, increase the amount by (c) APPEALS.—An affirmative vote of three- from catastrophic events by expanding insur- $1,807,623,000. fifths of the Members of the Senate, duly ance options and improving health insurance On page 4, line 24, increase the amount by chosen and sworn, shall be required to sus- portability; $85,910,000. tain an appeal of the ruling of the Chair on (4) promotes the advanced research and de- On page 4, line 25, increase the amount by a point of order raised under this section. velopment of new treatments and cures to $398,927,000. enhance health care quality; and On page 5, line 1, increase the amount by SA 825. Mr. ENZI (for himself, Mr. (5) accomplishes paragraphs (1) through (5) $991,775,000. BARRASSO, Mr. VITTER, Mr. HATCH, and through regular order, without the use of On page 5, line 2, increase the amount by Mr. CRAPO) submitted an amendment reconciliation; $1,807,623,000. intended to be proposed by him to the provided that such legislation would not in- On page 5, line 8, increase the amount by concurrent resolution S. Con. Res. 13, crease the deficit over either the period of $7,621,910,000. setting forth the congressional budget the total of fiscal years 2009 through 2014 or On page 5, line 9, increase the amount by for the United States Government for the period of the total of fiscal years 2009 $12,184,927,000. fiscal year 2010, revising the appro- through 2019. On page 5, line 10, increase the amount by $14,127,775,000. priate budgetary levels for fiscal year SA 822. Mr. ENZI submitted an On page 5, line 11, increase the amount by 2009, and setting forth the appropriate amendment intended to be proposed by $16,043,623,000. budgetary levels for fiscal years 2011 him to the concurrent resolution S. On page 5, line 18, increase the amount by through 2014; which was ordered to lie Con. Res. 13, setting forth the congres- $7,621,910,000. on the table; as follows: sional budget for the United States On page 5, line 19, increase the amount by At the appropriate place, insert the fol- Government for fiscal year 2010, revis- $19,806,837,000. lowing: On page 5, line 20, increase the amount by SEC. ll. LIMITATIONS ON LEGISLATION THAT ing the appropriate budgetary levels $33,934,612,000. for fiscal year 2009, and setting forth WOULD INCREASE ELECTRICITY On page 5, line 21, increase the amount by PRICES DURING PERIODS OF HIGH the appropriate budgetary levels for $49,978,236,000. UNEMPLOYMENT. fiscal years 2011 through 2014; which On page 6, line 1, increase the amount by (a) DEFINITION OF LEGISLATION.—In this was ordered to lie on the table; as fol- $7,621,910,000. section, the term ‘‘legislation’’ means a bill, lows: On page 6, line 2, increase the amount by joint resolution, amendment, motion, or con- At the appropriate place in title II, insert $19,806,837,000. ference report. the following: On page 6, line 3, increase the amount by (b) POINT OF ORDER.— $33,934,612,000. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR (1) IN GENERAL.—If the Senate is consid- HEALTH INFORMATION TECH- On page 6, line 4, increase the amount by ering legislation, on a point of order being NOLOGY. $49,978,236,000. made by any Senator against the legislation, The Chairman of the Senate Committee on On page 27, line 3, increase the amount by or any part of the legislation, as a result of the Budget may revise the allocations, ag- $85,910,000. which a determination described in para- gregates, and other levels in this resolution On page 27, line 4, increase the amount by graph (2) is made, and the point of order is by the amounts provided by one or more $85,910,000. sustained by the Presiding Officer, the Sen- bills, joint resolutions, amendments, mo- On page 27, line 7, increase the amount by ate shall cease consideration of the legisla- tions, or conference reports that would en- $398,927,000. tion. courage the efficiency of providers receiving On page 27, line 8, increase the amount by (2) DETERMINATION.—The determination de- health information technology incentive $398,927,000. scribed in this paragraph means a determina- payments made available under the Amer- On page 27, line 11, increase the amount by tion made by the Director of the Congres- ican Recovery and Reinvestment Act of 2009 $991,775,000. sional Budget Office, in consultation with by capping such incentive payments at 75 On page 27, line 12, increase the amount by the Energy Information Administration and percent of the total acquisition and oper- $991,775,000. other appropriate Federal Government agen- ating costs of implementing such system, On page 27, line 15, increase the amount by cies, on the request of a Senator for review provided such legislation would not increase $1,807,623,000. of the legislation, that the legislation, or the deficit over either the period of the total On page 27, line 16, increase the amount by portion of the legislation, would, if enacted, of fiscal years 2009 through 2014 or the period $1,807,623,000. result in an increase in the national average of the total of fiscal years 2009 through 2019. price for electricity during a period that the SA 824. Mr. ENZI submitted an national average unemployment rate (as de- SA 823. Mr. ENZI (for himself and Mr. amendment intended to be proposed by termined by the Bureau of Labor Statistics) ROBERTS) submitted an amendment in- him to the concurrent resolution S. is more than 5.5 percent.

VerDate Nov 24 2008 03:55 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.106 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4203 (c) WAIVERS AND APPEALS.— fiscal years 2011 through 2014; which GO ‘‘LINE BY LINE’’ THROUGH THE FEDERAL (1) WAIVERS.— was ordered to lie on the table; as fol- BUDGET.— (A) IN GENERAL.—Before the Presiding Offi- lows: (1) FINDINGS.—The Senate finds that— cer rules on a point of order described in sub- (A) as of March 30, 2009, the national debt On page 33, line 4, insert ‘‘(including section (b)(1), any Senator may move to of the United States currently stands at through industrial energy efficiency pro- $11,045,554,110,788.22 , the largest in world his- waive the point of order and the motion to grams)’’ after ‘‘and efficiency’’. waive shall not be subject to amendment. tory; (B) VOTE.—A point of order described in SA 828. Mr. COBURN (for himself, (B) each United States citizen’s share of this debt is $36,155.97; subsection (a)(1) is waived only by the af- Mr. WICKER, Mr. VITTER, and Mr. firmative vote of 60 Members of the Senate, (C) the fiscal year 2010 Senate Budget Res- INHOFE) submitted an amendment in- duly chosen and sworn. olution will increase the total United States tended to be proposed by him to the (2) APPEALS.— national debt by at least $5,000,000,000,000 (A) IN GENERAL.—After the Presiding Offi- concurrent resolution S. Con. Res. 13, over the next 10 years; cer rules on a point of order described in sub- setting forth the congressional budget (D) the power of the purse belongs to Con- section (b)(1), any Senator may appeal the for the United States Government for gress; ruling of the Presiding Officer on the point fiscal year 2010, revising the appro- (E) Congress authorizes and appropriates of order as the ruling applies to all or part of priate budgetary levels for fiscal year all Federal discretionary spending and cre- the provisions on which the Presiding Officer 2009, and setting forth the appropriate ates new mandatory spending programs; ruled. budgetary levels for fiscal years 2011 (F) Congress annually funds programs that (B) VOTE.—A ruling of the Presiding Offi- are wasteful, inefficient, and duplicative through 2014; which was ordered to lie that result in taxpayer losses in the billions; cer on a point of order described in sub- on the table; as follows: section (b)(1) is sustained unless 60 Members (G) it is irresponsible for Congress to con- of the Senate, duly chosen and sworn, vote On page 31, strike lines 3 through 7 and in- tinue funding wasteful, inefficient, or dupli- not to sustain the ruling. sert the following: ‘‘cans; cative Government programs that will result (8) maintain long-term fiscal sustain- (3) DEBATE.— in borrowing from Social Security, Medicare, ability and pays for itself by reducing health (A) IN GENERAL.—Debate on the motion to foreign nations, or future generations of waive under paragraph (1) or on an appeal of care cost growth, improving productivity, or Americans; the ruling of the Presiding Officer under dedicating additional sources of revenue; or (H) every cent that the United States Gov- paragraph (2) shall be limited to 1 hour. (9)(A) subject to subparagraph (B), protect ernment loses on wasteful, inefficient, or du- the freedom of conscience for patients and plicative programs is money stolen from fu- (B) DIVISION.—The time shall be equally divided between, and controlled by, the Major- the right of health care providers to serve ture generations of Americans and from imity leader and the Minority Leader of the patients without violating their moral and portant programs, including Social Security Senate, or designees. religious convictions, which includes, but is and Medicare, on which our senior citizens not limited to, prohibiting— depend for their retirement security; SA 826. Mr. ENZI (for himself and Mr. (i) discrimination on the basis of a pro- (I) President Obama declared on November vider’s objection to perform or participate in 25, 2008, ‘‘In these challenging times, when BARRASSO) submitted an amendment specific surgical or medical procedures or we are facing both rising deficits and a sink- intended to be proposed by him to the prescribe certain pharmaceuticals; ing economy, budget reform is not an option. concurrent resolution S. Con. Res. 13, (ii) legal coercion against a provider who It is an imperative. We cannot sustain a sys- setting forth the congressional budget expresses a conscience objection to perform tem that bleeds billions of taxpayer dollars for the United States Government for or participate in specific surgical or medical on programs that have outlived their useful- fiscal year 2010, revising the appro- procedures or prescribe certain pharma- ness, or exist solely because of the power of priate budgetary levels for fiscal year ceuticals; and politicians, lobbyists, or interest groups.’’; 2009, and setting forth the appropriate (iii) government coercion of patients to en- and (J) President Obama pledged, on November budgetary levels for fiscal years 2011 roll in specific health insurance plans or see pre-selected health care providers; and 25, 2008, to go through the Federal Budget through 2014; which was ordered to lie (B) require the principles described in sub- ‘‘page by page, line by line, eliminating on the table; as follows: paragraph (A) shall not be construed to au- those programs we don’t need, and insisting At the appropriate place in title II, insert thorize or shield from liability the denial, on that those we do operate in a sensible, cost- the following: the basis of a patient’s race or present or effective way.’’. SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND predicted disability, of a surgical or medical (2) SENSE OF THE SENATE.—It is the sense of TO REPEAL DEDUCTIONS FROM MIN- procedure or pharmaceutical that a provider the Senate that Congress should support the ERAL REVENUE PAYMENTS TO offers to others;’’. President in his efforts to go line by line STATES. through the Federal budget to eliminate (a) IN GENERAL.—Subject to subsection (b), SA 829. Mr. COBURN submitted an wasteful spending by— the Chairman of the Committee on the Budg- amendment intended to be proposed by (A) requiring the head of every Federal de- et of the Senate may revise the allocations, him to the concurrent resolution S. partment and agency to provide a report to aggregates, and other levels in this resolu- Con. Res. 13, setting forth the congres- Congress, within 90 days of the date of adoption by the amounts provided by a bill, joint tion of this resolution, on programs that are resolution, amendment, motion, or con- sional budget for the United States duplicative, inefficient, or failing, with rec- ference report that would repeal the require- Government for fiscal year 2010, revis- ommendations for elimination and consoli- ment to deduct certain amounts from mining the appropriate budgetary levels dation of such programs; eral revenues payable to States under the for fiscal year 2009, and setting forth (B) requiring the Office of Management heading ‘‘ADMINISTRATIVE PROVISIONS’’ under the appropriate budgetary levels for and Budget, within 90 days of the date of the heading ‘‘MINERALS MANAGEMENT SERV- fiscal years 2011 through 2014; which adoption of this resolution, to provide a re- ICE’’ under the heading ‘‘DEPARTMENT OF was ordered to lie on the table; as fol- port to Congress on programs that are dupli- THE INTERIOR’’ of title I of the Depart- lows: cative government-wide, with recommenda- ment of the Interior, Environment, and Re- On page 68, strike lines 6 through line 17 tions for elimination or consolidation of lated Agencies Appropriations Act, 2009 and insert the following: such programs; and (Public Law 111–8). (C) requiring every standing committee of SEC. 311. OVERSIGHT OF GOVERNMENT PER- (b) DEFICIT NEUTRALITY.—Subsection (a) FORMANCE. Congress to conduct at least one oversight applies only if the legislation described in (a) IN GENERAL.—In the Senate, all com- hearing per fiscal year to identify wasteful, subsection (a) would not increase the deficit mittees are directed to review programs inefficient, outdated, and duplicative pro- over the period of the total of fiscal years within their jurisdiction to root out waste, grams that could be eliminated. 2009 through 2014 or the period of the total of fraud, and abuse in program spending, giving fiscal years 2009 through 2019. particular scrutiny to issues raised by Gov- SA 830. Mr. COBURN submitted an ernment Accountability Office reports. amendment intended to be proposed by SA 827. Ms. COLLINS (for herself, Mr. Based on these oversight efforts and com- him to the concurrent resolution S. BINGAMAN, and Mr. BAYH) submitted an mittee performance reviews of programs Con. Res. 13, setting forth the congres- amendment intended to be proposed by within their jurisdiction, committees are di- sional budget for the United States her to the concurrent resolution S. rected to include recommendations for im- Government for fiscal year 2010, revis- Con. Res. 13, setting forth the congres- proved governmental performance in their ing the appropriate budgetary levels sional budget for the United States annual views and estimates reports required for fiscal year 2009, and setting forth Government for fiscal year 2010, revis- under section 301(d) of the Congressional Budget Act of 1974 to the Committees on the the appropriate budgetary levels for ing the appropriate budgetary levels Budget. fiscal years 2011 through 2014; which for fiscal year 2009, and setting forth (b) SENSE OF THE SENATE REGARDING SUP- was ordered to lie on the table; as fol- the appropriate budgetary levels for PORTING THE PRESIDENT IN HIS EFFORTS TO lows:

VerDate Nov 24 2008 03:55 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.109 S01APPT1 smartinez on PROD1PC64 with SENATE S4204 CONGRESSIONAL RECORD — SENATE April 1, 2009 On page 40, strike lines 9 through 22 and in- tory, in excess of $5,200,000,000 and rep- the appropriate budgetary levels for sert the following: resenting a 25 percent increase from the pre- fiscal years 2011 through 2014; as fol- (f) HOUSING ASSISTANCE.—The Chairman of vious biennial budget. lows: the Senate Committee on the Budget may (7) The Department of State reported in revise the allocations of a committee or 2007 that, in the previous 5 years, the United At the appropriate place, insert the fol- committees, aggregates, and other appro- Nations budget has grown at a record 17 per- lowing: priate levels and limits in this resolution for cent, the United Nations Peacekeeping budg- SEC. ll. SENSE OF THE SENATE REGARDING one or more bills, joint resolutions, amend- et has grown by 40 percent, and the United THE NEED FOR TRANSPARENCY FOR ments, motions, or conference reports re- DOCUMENTS RELATED TO THE Nations Tribunals budget has grown by 15 AMERICAN RECOVERY AND REIN- lated to housing assistance, which may in- percent, but the United States budget has VESTMENT ACT OF 2009. clude low income rental assistance, assist- only grown 7 percent during the same period. (a) FINDINGS.—The Senate finds the fol- ance provided through the Housing Trust (8) The Department of State reported in lowing: Fund created under section 1131 of the Hous- 2007 that the overwhelming majority of the (1) On September 16, 2008, the Board of ing and Economic Recovery Act of 2008, and United Nations budget, 75 percent, is di- Governors of the Federal Reserve, after con- legislation that allows for a temporary sus- verted to costs associated with its staff in- sulting with Treasury Department, issued a pension of the 10 percent tax penalty in order stead of direct humanitarian assistance or press release announcing it ‘‘authorized the for struggling families to make an early conflict prevention. Federal Reserve Bank of New York to lend withdrawal from their qualified retirement (9) United Nations auditors in 2007 found up to $85 billion to the American Inter- accounts to pay their monthly mortgage that 43 percent of over $1,000,000,000 in au- national Group (AIG) under section 13(3) of payments, by the amounts provided in such dited procurement contracts were tainted by the Federal Reserve Act.’’. legislation for those purposes, provided that fraud and corruption. (2) On October 8, 2008, the Board of Gov- such legislation would not increase the def- (10) The official policy at the Department ernors of the Federal Reserve issued a press icit over either the period of the total of fis- of State for United Nations reform, as imple- release, announcing it would loan AIG an ad- cal years 2009 through 2014 or the period of mented through the United Nations Trans- ditional $37.8 billion, stating, ‘‘Under this the total of fiscal years 2009 through 2019. parency and Accountability Initiative, is to program, the New York Fed will borrow up press the United Nations to reform by pro- Mr. COBURN submitted an to $37.8 billion in investment-grade, fixed-in- SA 831. viding access to United Nations audits, budg- come securities from AIG in return for cash amendment intended to be proposed by et information and procurement activities, collateral.’’. him to the concurrent resolution S. instituting legitimate whistleblower protec- (3) On November 10, 2008, the United States Con. Res. 13, setting forth the congres- tions, financial disclosure policies, and an Treasury issued a press release announcing sional budget for the United States ethics office, providing independence for its it would ‘‘purchase $40 billion in senior pre- Government for fiscal year 2010, revis- internal oversight bodies, adopting inter- ferred stock from the American Inter- ing the appropriate budgetary levels national accounting standards, and estab- national Group (AIG) as part of a com- lishing a cap on administrative overhead prehensive plan to restructure federal assist- for fiscal year 2009, and setting forth costs for United Nations funds and programs. the appropriate budgetary levels for ance to the systemically important com- (11) The Federal Funding Accountability pany.’’. fiscal years 2011 through 2014; which and Transparency Act (Public Law 109–282; 31 (4) On November 25, 2008, the Treasury De- was ordered to lie on the table; as fol- U.S.C. 6101 note) requires all federal funding partment used funds from the Troubled lows: information to be put on the public website, Asset Relief Program (TARP) to purchase At the appropriate place, insert the fol- USAspending.gov, including all contract, the $40 billion in preferred shares in AIG. lowing: subcontract, grant, and subgrant data such (5) The November 10, 2008, a Treasury De- SEC. ll. SENSE OF CONGRESS ON UNITED NA- as the amount of the award, source of funds, partment press release also stated, relating TIONS TRANSPARENCY. and the intended purpose of the funds. to compensation for AIG executives in light (a) FINDINGS.—Congress makes the fol- (12) Section 212 of this resolution creates a of the recent taxpayer-funded purchase of lowing findings: deficit-neutral reserve fund for a bipartisan senior preferred stock, ‘‘Under the agree- (1) The United States taxpayer provides congressional sunset commission that is ment AIG must be in compliance with the the United Nations with over $5,000,000,000 tasked with providing ‘‘for a process that executive compensation and corporate gov- annually, representing up to 25 percent of all will help abolish obsolete and duplicative ernance requirements of Section 111 of the funds received by the United Nations, even Federal programs’’ and ‘‘for improved gov- Emergency Economic Stabilization Act. AIG though the United States is only 1 of 192 ernment accountability and greater openness must comply with the most stringent limita- United Nations members. in Government decision-making’’. tions on executive compensation for its top (2) In 2008, the Permanent Subcommittee (b) SENSE OF CONGRESS.—It is the sense of five senior executive officers as required on Investigations of the Senate found that Congress that no appropriated funds should under the Emergency Economic Stabiliza- the United Nations lead development entity, be obligated, expended, or otherwise made tion Act. Treasury is also requiring golden the United Nations Development Program, available for the United Nations or any sub- parachute limitations and a freeze on the sidiary body of the United Nations, including diverted development funds to the entity size of the annual bonus pool for the top 70 any organization that is authorized to use used by the Democratic People’s Republic of company executives.’’. the United Nations logo, for a fiscal year un- Korea to finance illicit missile sales and per- (6) On January 26, 2009, H.R. 1, the Amer- less the Director of the Office of Manage- mitted the Government of North Korea to ican Recovery and Reinvestment Act of 2009 ment and Budget certifies that the United use United Nations bank accounts to freely Nations, such subsidiary body of the United was introduced in the House with no lan- transfer cash around the world and elude de- Nations, or such organization, as the case guage on executive compensation require- tection and sanctions. may be, is fully and publicly transparent ments for Troubled Asset Relief Program (3) The United Nations Procurement Task about all of its spending, including for pro- (TARP) recipients. Force reported in 2008 that the United Na- curement purposes, that occurred during the (7) On January 28, 2009, H.R. 1 passed the tions Environment Program, which spends prior fiscal year, including the posting on a House of Representatives by a vote of 244-188, over $1,000,000,000 annually and receives al- publicly available website of— with no language included on executive com- most 10 percent of its budget from United (1) copies of all contracts, grants, sub- pensation requirements for TARP recipients. States taxpayers, conducts almost no audit- contracts, and subgrants awarded or utilized (8) On January 30, 2009, the Senate began ing or oversight of its spending, has one during the prior fiscal year; consideration of Senate Amendment 98, a auditor and one assistant to inspect its oper- (2) copies of all program reviews, audits, substitute amendment to H.R. 1, which did ations, and would take 17 years to audit its budgets, project progress reports, and other not include language on executive compensa- high-risk areas already identified. management documents relating to the prior tion requirements for TARP recipients. (4) The United Nations Procurement Task fiscal year; and (9) On February 5, 2009, during consider- Force reported in 2008 that poor data collec- (3) any other financial or management in- ation of Senate Amendment 98, the Senate tion across the United Nations system formation determined necessary by the Di- adopted by voice vote, Senate Amendment makes it impossible to determine whether a rector of the Office of Management and 354, which would prohibit the payment of bo- United Nations program is relevant or effec- Budget. nuses to the top 25 executives at firms in re- tive. ceipt of TARP funds. (5) The United Nations Procurement Task SA 832. Mr. COBURN submitted an (10) On February 7, 2009, Senate Amend- Force reported in 2008 that United Nations amendment intended to be proposed by ment 98 was withdrawn in the Senate, and resource allocation and performance assess- him to the concurrent resolution S. Senate Amendment 570, a substitute amendments do not take into account whether or ment was ordered to be printed in the Sen- not results have been achieved. Con. Res. 13, setting forth the congres- ate, which included Senate Amendment 354, (6) The Department of State reported in sional budget for the United States previously approved by the Senate. 2007 that the United Nations 2008/2009 Bien- Government for fiscal year 2010, revis- (11) On February 10, 2009, Senate Amend- nial Budget represents the largest increase ing the appropriate budgetary levels ment 570 passed the Senate by a vote of 61 – in its funding request in United Nations his- for fiscal year 2009, and setting forth 37.

VerDate Nov 24 2008 04:27 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.110 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4205 (12) On February 13, 2009, the conference re- dits of the Board of Governors of the Federal On page 26, line 15, strike ‘‘$22,808,000,000’’ port to H.R. 1 was approved by both the Sen- Reserve System and the Federal reserve and insert ‘‘$22,368,000,000’’. ate and the House of Representatives, and banks and increased public disclosure with On page 26, line 16, strike ‘‘$23,109,000,000’’ contained a new provision, not included in respect to the recipients of all loans and and insert ‘‘$22,669,000,000’’. either the Senate-passed or House-passed other financial assistance it has provided At the appropriate place, insert the fol- bills, specifically exempting bonuses agreed since March 4, 2008’’. lowing: to before February 11, 2009, for executives at (24) The secret change in the language re- SEC. lll. CONTINUATION OF REQUIRED LI- companies that received TARP funds. lating to executive compensation for TARP CENSING ACTIVITIES TO SUPPORT (13) Senators were given less than 24 hours recipients’ calls into question the integrity FINAL DISPOSAL OF CERTAIN MATE- to review any changes that were made to the of the Senate and the legislative process, and RIALS AT YUCCA MOUNTAIN REPOSI- TORY. conference report, which totaled more than the executive branch has seen fit to inves- Notwithstanding any other provision of 1,000 pages. tigate such matters. law, for each of fiscal years 2010 through 2014, (14) According Senate Rule XXVIII, para- (b) SENSE OF THE SENATE.—It is the sense graph 2(a), ‘‘Conferees shall not insert in of the Senate that not later than 14 days there is authorized to be appropriated to the their report matter not committed to them after the adoption of this resolution, the De- Secretary of Energy and the Chairperson of by either House, nor shall they strike from partment of Treasury and the Board of Gov- the Nuclear Regulatory Commission for the the bill matter agreed to by both Houses.’’. ernors of the Federal Reserve, should post a continuation of required licensing activities (15) According Senate Rule XXVIII, para- clearly labeled section on the front page of to support the final disposal at the Yucca graph 9(a)(1), ‘‘It shall not be in order to vote the website of each such agency, that con- Mountain Repository of spent nuclear fuel on the adoption of a report of a committee of tains, in a searchable format, all documents and high-level radioactive waste an amount conference unless such report has been avail- relating to the origination, development, and equal to the increase in amounts made available to Members and to the general public insertion of the language described in sub- able under Function 270 by the modifications for at least 48 hours before such vote. If a section (a) into the conference report to H.R. made by this amendment. point of order is sustained under this para- 1, including— Mr. BROWN submitted an graph, then the conference report shall be (1) any relevant correspondences, memo- SA 834. set aside.’’. randums, electronic communications, meet- amendment intended to be proposed by (16) On March 18, 2009, CNN reported that ing summaries, and telephone logs; and him to the concurrent resolution S. one United States senator ‘‘denied inserting (2) all communication, in any medium or Con. Res. 13, setting forth the congres- that exemption at the 11th hour, and insisted manner, with— sional budget for the United States he doesn’t know how it got in there.’’. (A) each Senate Office; Government for fiscal year 2010, revis- (17) On March 19, 2009, ABC News reported (B) the President and any officials em- ing the appropriate budgetary levels that one United States senator stated the ployed or associated with the Administra- following regarding the executive compensa- for fiscal year 2009, and setting forth tion of the President; the appropriate budgetary levels for tion language included in H.R. 1, ‘‘And (C) American International Group; and frankly it was such a rush, talking about the (D) the Office of the Attorney General of fiscal years 2011 through 2014; which stimulus bill now, to get it passed, I did not the State of Connecticut. was ordered to lie on the table; as fol- have time, other conferees did not have time lows: to address many of the provisions that were SA 833. Mr. CRAPO (for himself, Mr. On page 21, line 7, increase the amount by modified significantly. We do the best we NHOFE ISCH $5,000,000. can, but we missed that stuff as a result.’’. I , and Mr. R ) submitted an On page 21, line 8, increase the amount by (18) On March 19, 2009, The Hill Newspaper amendment intended to be proposed by $5,000,000. reported that, according to the Speaker of him to the concurrent resolution S. On page 21, line 11, increase the amount by the House of Representatives, the language Con. Res. 13, setting forth the congres- $10,000,000. in question did not originate in the House of sional budget for the United States On page 21, line 12, increase the amount by Representatives, stating ‘‘This was never Government for fiscal year 2010, revis- $10,000,000. brought to conference, . . .This never came to ing the appropriate budgetary levels On page 21, line 15, increase the amount by the House side, and you can talk to any of for fiscal year 2009, and setting forth $10,000,000. our conferees. It’s a matter of fact and On page 21, line 16, increase the amount by record.’’. the appropriate budgetary levels for fiscal years 2011 through 2014; which $10,000,000. (19) On March 19, 2009, the Wall Street On page 28, line 6, decrease the amount by Journal reported that White House officials was ordered to lie on the table; as fol- $5,000,000. suggested they did not request the legisla- lows: On page 28, line 7, decrease the amount by tive change, saying that ‘‘Administration of- On page 12, line 21, strike ‘‘$4,489,000,000’’ $5,000,000. ficials said the Treasury didn’t suggest any and insert ‘‘$4,939,000,000’’. On page 28, line 10, decrease the amount by language or say how the amendment should On page 12, line 22, strike ‘‘$6,210,000,000’’ $10,000,000. be changed. They said they noted legal issues and insert ‘‘$6,457,500,000’’. On page 28, line 11, decrease the amount by that could likely lead to challenges, but was On page 12, line 25, strike ‘‘$4,404,000,000’’ $10,000,000. the end of their involvement. The official and insert ‘‘$4,844,000,000’’. On page 28, line 14, decrease the amount by said Mr. Dodd and Congress made the final On page 13, line 1, strike ‘‘$8,906,000,000’’ $10,000,000. changes on their own.’’. and insert ‘‘$9,283,000,000’’. On page 28, line 15, decrease the amount by (20) On March 19, 2009, in an interview with On page 13, line 4, strike ‘‘$4,427,000,000’’ $10,000,000. CNN, Treasury Secretary Timothy Geithner and insert ‘‘$4,867,000,000’’. stated that ‘‘Treasury staff did express con- On page 13, line 5, strike ‘‘$10,341,000,000’’ SA 835. Mr. GREGG (for himself, Mr. cern about whether this provision was vul- and insert ‘‘$10,769,000,000’’. MCCONNELL, Mr. VOINOVICH, Mr. ALEX- nerable to legal challenge.’’. On page 13, line 8, strike ‘‘$4,619,000,000’’ ANDER, Mr. MARTINEZ, Mr. ENZI, Mr. (21) On March 19, an ABC news story re- and insert ‘‘$5,059,000,000’’. LIEBERMAN, and Mr. ISAKSON) proposed ported that ‘‘Two separate federal agencies On page 13, line 9, strike ‘‘$5,613,000,000’’ have begun investigations into how the pro- and insert ‘‘$6,053,300,000’’. an amendment to the concurrent reso- visions ended up in the legislation. . .’’. On page 13, line 12, strike ‘‘$4,540,000,000’’ lution S. Con. Res. 13, setting forth the (22) On March 28, 2009, the Hartford Cou- and insert ‘‘$4,980,000,000’’. congressional budget for the United rant reported that the Attorney General of On page 13, line 13, strike ‘‘$484,000,000’’ and States Government for fiscal year 2010, the State of Connecticut had sent a letter to insert ‘‘$924,000,000’’. revising the appropriate budgetary lev- the Chairman of the Board of Governors of On page 25, line 24, strike ‘‘$22,321,000,000’’ els for fiscal year 2009, and setting the Federal Reserve contending that the AIG and insert ‘‘$21,871,000,000’’. forth the appropriate budgetary levels bonuses payments were not protected under On page 25, line 25, strike ‘‘$23,021,000,000’’ Connecticut’s wage act, calling such argu- and insert ‘‘$22,773,500,000’’. for fiscal years 2011 through 2014; as ments, ‘‘flawed legal bluffs’’. Earlier in the On page 26, line 3, strike ‘‘$22,477,000,000’’ follows: week, the Chairman had testified to Con- and insert ‘‘$22,037,000,000’’. On page 49, between lines 3 and 4, insert gress that he wanted to legally challenge the On page 26, line 4, strike ‘‘$23,322,000,000’’ the following: bonuses but was advised not to because of and insert ‘‘$22,945,000,000’’. SEC. lll. DEFICIT-NEUTRAL RESERVE FUND TO the potential liability from the wage act. On page 26, line 7, strike ‘‘$22,707,000,000’’ ADDRESS OUR NATIONS LONG TERM But, according to a March 25 story in the and insert ‘‘$22,267,000,000’’. FISCAL PROBLEMS. Hartford Courant, the Federal Reserve had On page 26, line 8, strike ‘‘$23,806,000,000’’ The Chairman of the Senate Committee on not been in contact with the State Attorney and insert ‘‘$23,378,000,000’’. the Budget may revise the allocations of a General’s office to discuss the matter. On page 26, line 11, strike ‘‘$22,437,000,000’’ committee or committees, aggregates, and (23) Additionally, section 215 of this resolu- and insert ‘‘$21,997,000,000’’. other appropriate levels and limits in this tion encourages increased ‘‘transparency at On page 26, line 12, strike ‘‘$23,252,000,000’’ resolution for one or more bills, joint resolu- the Federal Reserve System, including au- and insert ‘‘$22,811,700,000’’. tions, amendments, motions, or conference

VerDate Nov 24 2008 07:18 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.126 S01APPT1 smartinez on PROD1PC64 with SENATE S4206 CONGRESSIONAL RECORD — SENATE April 1, 2009 reports that would authorize the creation of sional budget for the United States On page 25, line 23, increase the amount by a bipartisan task force to examine the long Government for fiscal year 2010, revis- $3,000,000. term fiscal imbalances facing our Nation and ing the appropriate budgetary levels On page 25, line 24, increase the amount by directs the bipartisan task force to report, for fiscal year 2009, and setting forth $3,000,000. with the majority approval of each partici- On page 26, line 2, increase the amount by pating party, legislative recommendations the appropriate budgetary levels for $6,000,000. to address those imbalances, and provides fiscal years 2011 through 2014; as fol- On page 26, line 3, increase the amount by legislative fast track procedures to ensure a lows: $6,000,000. vote on the legislative recommendations, by On page 24, line 24, increase the amount by On page 26, line 6, increase the amount by the amount provided in that legislation for $23,000,000. $8,000,000. those purposes, provided that such legisla- On page 24, line 25, increase the amount by On page 26, line 7, increase the amount by tion would not increase the deficit over ei- $16,000,000. $8,000,000. ther the period of the total of fiscal years On page 25, line 4, increase the amount by On page 26, line 10, increase the amount by 2009 through 2014 or the period of the total of $4,000,000. $8,000,000. fiscal years 2009 through 2019. On page 25, line 8, increase the amount by On page 26, line 11, increase the amount by $2,000,000. $8,000,000. SA 836. Mr. REED (for himself, Ms. On page 25, line 12, increase the amount by On page 26, line 14, increase the amount by SNOWE, Mr. DODD, Mr. KENNEDY, Mr. $1,000,000. $4,000,000. On page 26, line 15, increase the amount by KERRY, Mr. LEAHY, Mr. LIEBERMAN, Mr. On page 27, line 23, decrease the amount by $23,000,000. $4,000,000. SANDERS, Mr. SCHUMER, Mr. On page 27, line 24, decrease the amount by On page 10, line 20, decrease the amount by WHITEHOUSE, Mr. ROCKEFELLER, and $16,000,000. $3,000,000. Mrs. GILLIBRAND) submitted an amend- On page 28, line 3, decrease the amount by On page 10, line 21, decrease the amount by ment intended to be proposed by him $4,000,000. $3,000,000. to the concurrent resolution S. Con. On page 28, line 7, decrease the amount by On page 10, line 24, decrease the amount by Res. 13, setting forth the congressional $2,000,000. $6,000,000. budget for the United States Govern- On page 28, line 11, decrease the amount by On page 10, line 25, decrease the amount by $1,000,000. $6,000,000. ment for fiscal year 2010, revising the On page 11, line 3, decrease the amount by appropriate budgetary levels for fiscal SA 839. Mr. ROBERTS submitted an $8,000,000. year 2009, and setting forth the appro- amendment intended to be proposed by On page 11, line 4, decrease the amount by priate budgetary levels for fiscal years him to the concurrent resolution S. $8,000,000. On page 11, line 7, decrease the amount by 2011 through 2014; as follows: Con. Res. 13, setting forth the congres- On page 21, line 24, increase the amount by $8,000,000. sional budget for the United States On page 11, line 8, decrease the amount by $1,900,000,000. Government for fiscal year 2010, revis- On page 21, line 25, increase the amount by $8,000,000. $1,330,000,000. ing the appropriate budgetary levels On page 11, line 11, decrease the amount by On page 22, line 4, increase the amount by for fiscal year 2009, and setting forth $4,000,000. $532,000,000. the appropriate budgetary levels for On page 11, line 12, decrease the amount by On page 22, line 8, increase the amount by fiscal years 2011 through 2014; which $4,000,000. $38,000,000. was ordered to lie on the table; as fol- SA 841. Ms. MURKOWSKI (for her- On page 27, line 23, decrease the amount by lows: $1,900,000,000. self, Mrs. MURRAY, Mr. BENNET, Mr. On page 27, line 24, decrease the amount by On page 21, line 24, increase the amount by TESTER, and Mr. THUNE) submitted an $1,330,000,000. $20,000,000. amendment intended to be proposed by On page 28, line 3, decrease the amount by On page 21, line 25, increase the amount by $15,200,000. her to the concurrent resolution S. $532,000,000. Con. Res. 13, setting forth the congres- On page 28, line 7, decrease the amount by On page 22, line 3, increase the amount by $38,000,000. $20,000,000. sional budget for the United States On page 22, line 4, increase the amount by Government for fiscal year 2010, revis- SA 837. Mr. DORGAN submitted an $19,800,000. ing the appropriate budgetary levels amendment intended to be proposed by On page 22, line 7, increase the amount by for fiscal year 2009, and setting forth $10,000,000. the appropriate budgetary levels for him to the concurrent resolution S. On page 22, line 8, increase the amount by Con. Res. 13, setting forth the congres- $12,400,000. fiscal years 2011 through 2014; which sional budget for the United States On page 22, line 12, increase the amount by was ordered to lie on the table; as fol- Government for fiscal year 2010, revis- $2,500,000. lows: ing the appropriate budgetary levels On page 22, line 16, increase the amount by On page 19, line 24, increase the amount by for fiscal year 2009, and setting forth $100,000. $100,000,000. the appropriate budgetary levels for On page 27, line 23, decrease the amount by On page 19, line 25, increase the amount by $20,000,000. fiscal years 2011 through 2014; as fol- $30,000,000. On page 27, line 24, decrease the amount by On page 20, line 4, increase the amount by lows: $15,200,000. $43,000,000. On page 19, line 24, increase the amount by On page 28, line 2, decrease the amount by On page 20, line 8, increase the amount by $10,000,000. $20,000,000. $18,000,000. On page 19, line 25, increase the amount by On page 28, line 3, decrease the amount by On page 20, line 12, increase the amount by $3,000,000. $19,800,000. $7,000,000. On page 20, line 4, increase the amount by On page 28, line 6, decrease the amount by On page 27, line 23, decrease the amount by $4,000,000. $10,000,000. $100,000,000. On page 20, line 8, increase the amount by On page 28, line 7, decrease the amount by On page 27, line 24, decrease the amount by $2,000,000. $12,400,000. $30,000,000. On page 20, line 12, increase the amount by On page 28, line 11, decrease the amount by On page 28, line 3, decrease the amount by $1,000,000. $2,500,000. $43,000,000. On page 27, line 23, decrease the amount by On page 28, line 15, decrease the amount by On page 28, line 7, decrease the amount by $10,000,000. $100,000. $18,000,000. On page 27, line 24, decrease the amount by On page 28, line 11, decrease the amount by $3,000,000. SA 840. Mr. BROWNBACK submitted $7,000,000. On page 28, line 3, decrease the amount by an amendment intended to be proposed $4,000,000. by him to the concurrent resolution S. SA 842. Mr. MARTINEZ submitted an On page 28, line 7, decrease the amount by Con. Res. 13, setting forth the congres- amendment intended to be proposed by $2,000,000. On page 28, line 11, decrease the amount by sional budget for the United States him to the concurrent resolution S. $1,000,000. Government for fiscal year 2010, revis- Con. Res. 13, setting forth the congres- ing the appropriate budgetary levels sional budget for the United States SA 838. Mr. DORGAN submitted an for fiscal year 2009, and setting forth Government for fiscal year 2010, revis- amendment intended to be proposed by the appropriate budgetary levels for ing the appropriate budgetary levels him to the concurrent resolution S. fiscal years 2011 through 2014; as fol- for fiscal year 2009, and setting forth Con. Res. 13, setting forth the congres- lows: the appropriate budgetary levels for

VerDate Nov 24 2008 04:27 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.116 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4207 fiscal years 2011 through 2014; which tion, and time-limited family reunification recommending a specific amount of discre- was ordered to lie on the table; as fol- services; tionary budget authority, credit authority, lows: (3) provide for subsidies and support pro- or other spending authority for a contract, grams that are available to support the loan, loan guarantee, grant, loan authority, On page 40, line 4, insert ‘‘(including such needs of the children prior to removal, dur- or other expenditure with or to an entity, or legislation that expands free trade by reducing removal, and post placement, whether targeted to a specific State, locality or Con- ing or eliminating duties, restrictions on the through reunification, adoption, kinship gressional district, other than through a importation of articles, or any other barriers adoption, or guardianship; statutory or administrative formula-driven to international trade)’’ after ‘‘trade’’. (4) promote innovation and best practice at or competitive award process; the State level; and (2) the term ‘‘limited tax benefit’’ means SA 843. Mr. MARTINEZ submitted an (5) guarantee that public funds are used to any revenue provision that— amendment intended to be proposed by effectively meet the needs of children who (A) provides a Federal tax deduction, cred- him to the concurrent resolution S. have been abused or neglected; it, exclusion, or preference to a particular Con. Res. 13, setting forth the congres- by the amounts provided in such legislation beneficiary or limited group of beneficiaries sional budget for the United States for those purposes, provided that such legis- under the Internal Revenue Code of 1986; and Government for fiscal year 2010, revis- lation would not increase the deficit over ei- (B) contains eligibility criteria that are ing the appropriate budgetary levels ther the period of the total of fiscal years not uniform in application with respect to for fiscal year 2009, and setting forth 2009 through 2014 or the period of the total of potential beneficiaries of such provision; and fiscal years 2009 through 2019. (3) the term ‘‘limited tariff benefit’’ means the appropriate budgetary levels for a provision modifying the Harmonized Tariff fiscal years 2011 through 2014; which SA 846. Mr. DEMINT submitted an Schedule of the United States in a manner was ordered to lie on the table; as fol- amendment intended to be proposed by that benefits 10 or fewer entities. lows: him to the concurrent resolution S. (g) FISCAL YEAR 2010.—The point of order On page 40, line 4, after ‘‘trade’’ insert the Con. Res. 13, setting forth the congres- under this section shall only apply to legisla- following: ‘‘(including implementation of sional budget for the United States tion providing or authorizing discretionary budget authority, credit authority or other trade agreements with Colombia, Panama, Government for fiscal year 2010, revis- and the Republic of Korea)’’. spending authority, providing a federal tax ing the appropriate budgetary levels deduction, credit, or exclusion, or modifying SA 844. Mr. CRAPO proposed an for fiscal year 2009, and setting forth the Harmonized Tariff Schedule in fiscal amendment to the concurrent resolu- the appropriate budgetary levels for year 2010. (h) APPLICATION.—This rule shall not apply tion S. Con. Res. 13, setting forth the fiscal years 2011 through 2014; as follows: to any authorization of appropriations to a congressional budget for the United Federal entity if such authorization is not On page 68, after line 4, insert the fol- States Government for fiscal year 2010, specifically targeted to a State, locality or lowing: revising the appropriate budgetary lev- congressional district. els for fiscal year 2009, and setting SEC. ll. FISCAL YEAR 2010 EARMARK MORATO- RIUM. forth the appropriate budgetary levels SA 847. Mr. DEMINT submitted an (a) BILLS AND JOINT RESOLUTIONS.— amendment intended to be proposed by for fiscal years 2011 through 2014; as (1) POINT OF ORDER.—It shall not be in follows: order to— him to the concurrent resolution S. On page 50, line 12, strike ‘‘and’’ (A) consider a bill or joint resolution re- Con. Res. 13, setting forth the congres- On page 50, insert after line 15: ported by any committee that includes an sional budget for the United States ‘‘(3) for fiscal year 2011, $1,092,921,000 in new earmark, limited tax benefit, or limited tar- Government for fiscal year 2010, revis- budget authority; iff benefit; or ing the appropriate budgetary levels (4) for fiscal year 2012, $1,112,047,000 in new (B) a Senate bill or joint resolution not re- for fiscal year 2009, and setting forth budget authority; and’’. ported by committee that includes an ear- the appropriate budgetary levels for On page 49, insert on line 12 after the word mark, limited tax benefit, or limited tariff fiscal years 2011 through 2014; as fol- benefit. ‘‘bill’’: lows: ‘‘, concurrent resolution,’’. (2) RETURN TO THE CALENDAR.—If a point of order is sustained under this subsection, the At the appropriate place, insert the fol- SA 845. Ms. LANDRIEU (for herself bill or joint resolution shall be returned to lowing: and Mr. GRASSLEY) submitted an the calendar until compliance with this sub- SEC. lll. EARMARK PROHIBITION. amendment intended to be proposed by section has been achieved. (a) IN GENERAL.—It shall not be in order in her to the concurrent resolution S. (b) CONFERENCE REPORT.— the Senate to consider a bill, resolution, (1) POINT OF ORDER.—It shall not be in amendment, or conference report that in- Con. Res. 13, setting forth the congres- order to vote on the adoption of a report of cludes a congressional earmark. sional budget for the United States a committee of conference if the report in- (b) MATTER STRICKEN.—If the point of Government for fiscal year 2010, revis- cludes an earmark, limited tax benefit, or order prevails under subsection (a), the ear- ing the appropriate budgetary levels limited tariff benefit. mark provision shall be stricken in accord- for fiscal year 2009, and setting forth (2) RETURN TO THE CALENDAR.—If a point of ance with the procedures provided in section the appropriate budgetary levels for order is sustained under this subsection, the 313 of the Congressional Budget Act of 1974. fiscal years 2011 through 2014; as fol- conference report shall be returned to the (c) DEFINITION.—In this section, the term ‘‘congressional earmark’’ means a provision lows: calendar. (c) FLOOR AMENDMENT.—It shall not be in or report language included primarily at the At the end of title II, add the following: order to consider an amendment to a bill or request of a Member, Delegate, Resident SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR joint resolution if the amendment contains Commissioner, or Senator providing, author- FOSTER CARE FINANCING REFORM. an earmark, limited tax benefit, or limited izing or recommending a specific amount of The Chairman of the Senate Committee on tariff benefit. discretionary budget authority, credit au- the Budget may revise the allocations of a (d) AMENDMENT BETWEEN THE HOUSES.— thority, or other spending authority for a committee or committees, aggregates, and (1) IN GENERAL.—It shall not be in order to contract, loan, loan guarantee, grant, loan other appropriate levels and limits in this consider an amendment between the Houses authority, or other expenditure with or to an resolution for one or more bills, joint resolu- if that amendment includes an earmark, lim- entity, or targeted to a specific State, local- tions, amendments, motions, or conference ited tax benefit, or limited tariff benefit. ity or Congressional district, other than reports that would, with respect to services (2) RETURN TO THE CALENDAR.—If a point of through a statutory or administrative for- provided under part B of title IV of the So- order is sustained under this subsection, the mula-driven or competitive award process. cial Security Act (42 U.S.C. 621 et seq.) and amendment between the Houses shall be re- (d) WAIVERS AND APPEALS.— services provided under part E of title IV of turned to the calendar until compliance with (1) WAIVER OR SUSPENSION.—This section that Act (42 U.S.C. 670 et seq.)— this subsection has been achieved. may be waived or suspended in the Senate (1) change the Federal foster care payment (e) WAIVER.—Any Senator may move to only by the affirmative rollcall vote of system from a system that supports pro- waive any or all points of order under this three-fifths of the Members, duly chosen and grams to one that supports children, what- section by an affirmative vote of two-thirds sworn. ever their best placement may be, and one of the Members, duly chosen and sworn. (2) APPEALS.—Appeals in the Senate from that promotes permanency for children; (f) DEFINITIONS.—For the purpose of this the decisions of the Chair relating to any (2) when it is determined to be in the best section— provision of this section shall be limited to 1 interests of the child, promote and improve (1) the term ‘‘earmark’’ means a provision hour, to be equally divided between, and con- family support, family preservation, includ- or report language included primarily at the trolled by, the appellant and the manager of ing residential family treatment for families request of a Senator or Member of the House the bill or joint resolution. An affirmative suffering from substance abuse and addic- of Representatives providing, authorizing, or vote of three-fifths of the Members of the

VerDate Nov 24 2008 04:27 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.123 S01APPT1 smartinez on PROD1PC64 with SENATE S4208 CONGRESSIONAL RECORD — SENATE April 1, 2009 Senate, duly chosen and sworn, shall be re- SEC. 216. DEFICIT-NEUTRAL RESERVE FUND TO the total of fiscal years 2009 through 2014 or quired to sustain an appeal of the ruling of PROHIBIT THE TRANSFER OF DE- the period of the total of fiscal years 2009 the Chair on a point of order raised under TAINEES AT NAVAL STATION GUAN- through 2019. this section. TANAMO BAY, CUBA, TO THE UNITED STATES. Mr. DEMINT submitted an The Chairman of the Senate Committee on SA 852. SA 848. Mr. DEMINT submitted an the Budget may revise the allocations, ag- amendment intended to be proposed by amendment intended to be proposed by gregates, and other appropriate levels in this him to the concurrent resolution S. him to the concurrent resolution S. resolution for a bill, joint resolution, amend- Con. Res. 13, setting forth the congres- Con. Res. 13, setting forth the congres- ment, motion, or conference report to pro- sional budget for the United States sional budget for the United States hibit the transfer of detainees housed at Government for fiscal year 2010, revis- Government for fiscal year 2010, revis- Naval Station, Guantanamo Bay, Cuba, to ing the appropriate budgetary levels ing the appropriate budgetary levels the United States or its territories by the for fiscal year 2009, and setting forth for fiscal year 2009, and setting forth amounts provided in that legislation for that the appropriate budgetary levels for purpose, provided that such legislation the appropriate budgetary levels for would not increase spending over the total of fiscal years 2011 through 2014; which fiscal years 2011 through 2014; which the period of fiscal years 2009 through 2014 was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- and that such legislation would not increase lows: lows: revenues in any year in the period of fiscal At the end of title II, add the following: At the appropriate place at the end of sub- years 2009 through 2019. SEC. lll. DEFICIT-NEUTRAL RESERVE FUND title A of title III, insert the following: FOR THE REPEAL OF THE DEATH E TAX. SEC. l. POINT OF ORDER AGAINST LEGISLATION SA 850. Mr. D MINT submitted an THAT RAISES TAXES ON MIDDLE-IN- amendment intended to be proposed by The Chairman of the Senate Committee on COME FAMILIES. him to the concurrent resolution S. the Budget may revise the allocations, ag- (a) IN GENERAL.—After a concurrent reso- Con. Res. 13, setting forth the congres- gregates, and other levels in this resolution lution on the budget is agreed to, it shall not sional budget for the United States by the amounts provided by a bill, joint reso- be in order in the Senate to consider any lution, amendment, motion, or conference Government for fiscal year 2010, revis- report that would permanently repeal chap- bill, resolution, amendment between Houses, ing the appropriate budgetary levels motion, or conference report that would ter 11 of the Internal Revenue Code of 1986 cause revenues to be more than the level of for fiscal year 2009, and setting forth (relating to the estate tax) and chapter 13 of revenues set forth for that first fiscal year or the appropriate budgetary levels for such Code (relating to the tax on generation- for the total of that fiscal year and the ensu- fiscal years 2011 through 2014; which skipping transfers), provided that such legis- ing fiscal years in the applicable resolution was ordered to lie on the table; as fol- lation would not increase the deficit over ei- for which allocations are provided under sec- lows: ther the period of the total of fiscal years 2009 through 2014 or the period of the total of tion 302(a) of the Congressional Budget Act At the appropriate place in title II, insert fiscal years 2009 through 2019. of 1974. the following: (b) SUSPENSION OF POINT OF ORDER.— SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO SA 853. Mr. DEMINT submitted an (1) IN GENERAL.—A point of order raised SUSPEND PREVAILING WAGE MAN- under subsection (a) shall be suspended in DATES IN HIGH UNEMPLOYMENT amendment intended to be proposed by the Senate upon certification by the Chair- AREAS. him to the concurrent resolution S. man of the Budget Committee of the Senate The Chairman of the Senate Committee on Con. Res. 13, setting forth the congres- that such bill, joint resolution, amendment, the Budget may revise the allocations of a sional budget for the United States motion, amendment between Houses, or con- committee or committees, aggregates, and Government for fiscal year 2010, revis- ference report does not include a Federal in- other appropriate levels and limits in this ing the appropriate budgetary levels come tax increase on middle-income fami- resolution for one or more bills, joint resolu- for fiscal year 2009, and setting forth lies. tions, amendments, motions, or conference (2) MIDDLE-INCOME FAMILIES.—For purposes reports that would suspend the application the appropriate budgetary levels for of paragraph (1), the term ‘‘middle-income of Federal laws requiring the payment of fiscal years 2011 through 2014; which families’’ is defined as married couples filing prevailing wages to workers under Federal was ordered to lie on the table; as fol- jointly with $250,000 or less in adjusted gross contracts that have received federal funds lows: income. Adjusted gross income is defined from the American Recovery and Reinvest- At the appropriate place, insert the fol- under section 62 of the Internal Revenue ment Act of 2009, provided that such legisla- lowing: Code of 1986. tion would not increase the deficit over ei- SEC. ll. POINT OF ORDER AGAINST LEGISLA- (3) FEDERAL INCOME TAX INCREASE.—For ther period of the total of fiscal years 2009 TION THAT DECREASES THE NUM- purposes of paragraph (1), the term ‘‘Federal through 2014 or the period of the total of fis- BER OF AMERICANS ENROLLED IN income tax increase’’ means any amendment cal years 2009 through 2019. PRIVATE HEALTH INSURANCE to the Internal Revenue Code of 1986 that, di- WHILE INCREASING THE NUMBER rectly or indirectly, increases the amount of SA 851. Mr. DEMINT submitted an ENROLLED IN GOVERNMENT-MAN- Federal income tax, and any legislation that amendment intended to be proposed by AGED, RATIONED HEALTH CARE. the Congressional Budget Office would score (a) IN GENERAL.—In the Senate, it shall not him to the concurrent resolution S. be in order, to consider any bill, joint resolu- as an increase in Federal revenues. Con. Res. 13, setting forth the congres- (c) SUPERMAJORITY WAIVER AND APPEAL.— tion, amendment, motion, or conference re- (1) WAIVER.—This section may be waived or sional budget for the United States port that decreases the number of Americans suspended in the Senate only by an affirma- Government for fiscal year 2010, revis- enrolled in private health insurance plans, tive vote of three-fifths of the Members, duly ing the appropriate budgetary levels while increasing the number of Americans chosen and sworn. for fiscal year 2009, and setting forth enrolled in government-managed, rationed (2) APPEAL.—An affirmative vote of three- the appropriate budgetary levels for health care (as determined by the Congres- fifths of the Members of the Senate, duly fiscal years 2011 through 2014; which sional Budget Office). chosen and sworn, shall be required in the (b) WAIVER.—This section may be waived was ordered to lie on the table; as fol- or suspended only by an affirmative vote of Senate to sustain an appeal of the ruling of lows: the Chair on a point of order raised under three-fifths of the Members, dully chosen this section. At the appropriate place in title II, insert and sworn. the following: (c) APPEALS.—An affirmative vote of three- SA 849. Mr. DEMINT submitted an SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO fifths of the Members of the Senate, duly amendment intended to be proposed by PROVIDE UNION TRANSPARENCY chosen and sworn, shall be required to sus- AND FISCAL INTEGRITY. tain an appeal of the ruling of the Chair on him to the concurrent resolution S. The Chairman of the Senate Committee on a point of order raised under this section. Con. Res. 13, setting forth the congres- the Budget may revise the allocations of a sional budget for the United States committee or committees, aggregates, and SA 854. Mr. DEMINT submitted an Government for fiscal year 2010, revis- other appropriate levels and limits in this amendment intended to be proposed by ing the appropriate budgetary levels resolution for one or more bills, joint resolu- him to the concurrent resolution S. for fiscal year 2009, and setting forth tions, amendments, motions, or conference Con. Res. 13, setting forth the congres- the appropriate budgetary levels for reports that would guarantee the right of sional budget for the United States fiscal years 2011 through 2014; which every worker to a National Labor Relations Board sanctioned secret ballot election dur- Government for fiscal year 2010, revis- was ordered to lie on the table; as fol- ing a unionization campaign of the working the appropriate budgetary levels lows: place, provided that such legislation would for fiscal year 2009, and setting forth At the end of title II, add the following: not increase the deficit over either period of the appropriate budgetary levels for

VerDate Nov 24 2008 04:27 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.120 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4209 fiscal years 2011 through 2014; which natural gas lease sales (including lease sales him to the concurrent resolution S. was ordered to lie on the table; as fol- for areas in the outer Continental Shelf plan- Con. Res. 13, setting forth the congres- lows: ning areas of the South Atlantic and Mid At- sional budget for the United States lantic) on or before July 31, 2010. At the appropriate place in title II, insert (b) DEFICIT NEUTRALITY.—Subsection (a) Government for fiscal year 2010, revis- the following: applies only if the legislation described in ing the appropriate budgetary levels SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO subsection (a) would not increase the deficit for fiscal year 2009, and setting forth ALLOW THE PURCHASE OF HEALTH over the period of the total of fiscal years the appropriate budgetary levels for INSURANCE ACROSS STATE LINES. 2009 through 2014 or the period of the total of fiscal years 2011 through 2014; which The Chairman of the Senate Committee on fiscal years 2009 through 2019. the Budget may revise the allocations of a was ordered to lie on the table; as fol- committee or committees, aggregates, and SA 857. Mr. DEMINT submitted an lows: other appropriate levels and limits in this amendment intended to be proposed by At the appropriate place in title II, insert resolution for one or more bills, joint resolu- him to the concurrent resolution S. the following: tions, amendments, motions, or conference Con. Res. 13, setting forth the congres- SEC. —. DEFICIT-NEUTRAL RESERVE FUND FOR reports that would permit Americans who re- PROVIDING AN ABOVE THE LINE sional budget for the United States FEDERAL INCOME TAX DEDUCTION side in one State to purchase a more afford- Government for fiscal year 2010, revis- able health insurance plan in the individual FOR INDIVIDUALS PURCHASING ing the appropriate budgetary levels HEALTH INSURANCE OUTSIDE THE market that is domiciled or licensed in an- WORKPLACE. other State, provided that such legislation for fiscal year 2009, and setting forth the appropriate budgetary levels for The Chairman of the Senate Committee on would not increase the deficit over either pe- the Budget may revise the allocations of a riod of the total of fiscal years 2009 through fiscal years 2011 through 2014; which committee or committees, aggregates, and 2014 or the period of the total of fiscal years was ordered to lie on the table; as fol- other appropriate levels and limits in this 2009 through 2019. lows: resolution for one or more bills, joint resolu- On page 68, after line 4, insert the fol- tions, amendments, motions, or conference SA 855. Mr. DEMINT submitted an lowing: reports that would provide an above the line amendment intended to be proposed by SEC. ll. LIMITATIONS ON LEGISLATION THAT Federal income tax deduction under section him to the concurrent resolution S. WOULD INCREASE THE NATIONAL 62 of the Internal Revenue Code of 1986 for Con. Res. 13, setting forth the congres- AVERAGE ELECTRICITY PRICE FOR individuals who do not receive health insur- sional budget for the United States CONSUMERS. ance through an employer and who purchase (a) POINT OF ORDER.— such insurance in the individual market by Government for fiscal year 2010, revis- (1) IN GENERAL.—If the Senate is consid- the amounts provided in such legislation for ing the appropriate budgetary levels ering legislation, upon a point of order being those purposes, provided that such legisla- for fiscal year 2009, and setting forth made by any Senator against legislation, or tion would not increase taxes and would not any part of the legislation, that it has been the appropriate budgetary levels for increase the deficit over either the period of determined in accordance with paragraph (2) fiscal years 2011 through 2014; which the total of fiscal years 2009 through 2014 or that the legislation, if enacted, would result was ordered to lie on the table; as fol- the period of the total of fiscal years 2009 in an increase in the national average elec- lows: through 2019. tricity price for consumers, and the point of At the end of title II, insert the following: order is sustained by the Presiding Officer, E SEC. lll. DEFICIT-NEUTRAL RESERVE FUND TO SA 859. Mr. D MINT submitted an the Senate shall cease consideration of the amendment intended to be proposed by ALLOW FOR THE PAYMENT OF legislation. HEALTH INSURANCE PREMIUMS (2) DETERMINATION.—The determination de- him to the concurrent resolution S. FROM AMOUNTS IN HEALTH SAV- Con. Res. 13, setting forth the congres- INGS ACCOUNTS. scribed in this paragraph means a determina- The Chairman of the Senate Committee on tion by the Director of the Congressional sional budget for the United States the Budget may revise the allocations of a Budget Office, in consultation with the En- Government for fiscal year 2010, revis- committee or committees, aggregates, and ergy Information Administration and other ing the appropriate budgetary levels other appropriate levels and limits in this appropriate Government agencies, that is for fiscal year 2009, and setting forth resolution for one or more bills, joint resolu- made upon the request of a Senator for re- the appropriate budgetary levels for tions, amendments, motions, or conference view of legislation, that the legislation, or fiscal years 2011 through 2014; which reports that amends section 223 of the Inter- part of the legislation, would, if enacted, result in an increase in the national average was ordered to lie on the table; as fol- nal Revenue Code of 1986 to allow amounts lows: paid for insurance premiums to be treated as electricity price for consumers. a qualified medical expense when paid from a (3) LEGISLATION.—In this section the term At the appropriate place in title II, insert health savings account, by the amounts pro- ‘‘legislation’’ means a bill, joint resolution, the following: vided by that legislation for those purposes, amendment, motion, or conference report. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO (b) WAIVERS AND APPEALS.— PROVIDE ADDITIONAL HEALTH IN- provided that such legislation would not in- (1) WAIVERS.—Before the Presiding Officer SURANCE OPTIONS. crease taxes and would not increase the def- rules on a point of order described in sub- The Chairman of the Senate Committee on icit over either the period of the total of fis- section (a)(1), any Senator may move to the Budget may revise the allocations of a cal years 2009 through 2014 or the period of waive the point of order and the motion to committee or committees, aggregates, and the total of fiscal years 2009 through 2019. waive shall not be subject to amendment. A other appropriate levels and limits in this point of order described in subsection (a)(1) resolution for one or more bills, joint resolu- SA 856. Mr. DEMINT submitted an is waived only by the affirmative vote of tions, amendments, motions, or conference amendment intended to be proposed by three-fifths of the Members of the Senate, reports that would permit individuals receiv- him to the concurrent resolution S. duly chosen and sworn. ing COBRA subsidies to use such subsidies to Con. Res. 13, setting forth the congres- (2) APPEALS.—After the Presiding Officer enroll in any health insurance coverage of- sional budget for the United States rules on a point of order described in sub- fered by the employer (or employee organiza- Government for fiscal year 2010, revis- section (a)(1), any Senator may appeal the tion), in any health insurance coverage of- ing the appropriate budgetary levels ruling of the Presiding Officer on the point fered in the individual market, or in cov- for fiscal year 2009, and setting forth of order as it applies to some or all of the erage offered through a State high risk pool, the appropriate budgetary levels for provisions on which the Presiding Officer provided that such legislation would not in- ruled. A ruling of the Presiding Officer on a crease the deficit over either the period of fiscal years 2011 through 2014; which point of order described in subsection (a)(1) the total of fiscal years 2009 through 2014 or was ordered to lie on the table; as fol- is sustained unless three-fifths of the Mem- the period of the total of fiscal years 2009 lows: bers of the Senate, duly chosen and sworn, through 2019. At the appropriate place in title II, insert vote not to sustain the ruling. the following: (3) DEBATE.—Debate on the motion to SA 860. Mr. DEMINT submitted an SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND waive under paragraph (1) or on an appeal of amendment intended to be proposed by FOR OUTER CONTINENTAL SHELF the ruling of the Presiding Officer under him to the concurrent resolution S. LEASE SALES. paragraph (2) shall be limited to 1 hour. The Con. Res. 13, setting forth the congres- (a) IN GENERAL.—Subject to subsection (b), time shall be equally divided between, and sional budget for the United States the Chairman of the Committee on the Budg- controlled by, the Majority leader and the Government for fiscal year 2010, revis- et of the Senate may revise the allocations, Minority Leader of the Senate, or their des- aggregates, and other levels in this resolu- ignees. ing the appropriate budgetary levels tion by the amounts provided by a bill, joint for fiscal year 2009, and setting forth resolution, amendment, motion, or con- SA 858. Mr. DEMINT submitted an the appropriate budgetary levels for ference report that would provide for oil and amendment intended to be proposed by fiscal years 2011 through 2014; which

VerDate Nov 24 2008 04:27 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.122 S01APPT1 smartinez on PROD1PC64 with SENATE S4210 CONGRESSIONAL RECORD — SENATE April 1, 2009 was ordered to lie on the table; as fol- tions to provide financial transparency by committee or committees, aggregates, and lows: filing annual LM–2 reports with the Depart- other appropriate levels and limits in this resolution for one or more bills, joint resolu- At the appropriate place in title II, insert ment of Labor, provided that such legisla- tions, amendments, motions, or conference the following: tion would not increase the deficit over either period of the total of fiscal years 2009 reports that would guarantee a baseline SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND through 2014 or the period of the total of fis- budget (not including supplemental or war FOR YUCCA MOUNTAIN NUCLEAR REPOSITORY. cal years 2009 through 2019. funding) that sets a spending floor for military investment and modernization to equip, (a) IN GENERAL.—Subject to subsection (b), the Chairman of the Committee on the Budg- SA 863. Mr. DEMINT submitted an train, and modernize a full-spectrum force to et of the Senate may revise the allocations, amendment intended to be proposed by preserve America’s security based on the gross domestic product of the United States aggregates, and other levels in this resolu- him to the concurrent resolution S. and setting that minimum baseline at not tion by the amounts provided by a bill, joint Con. Res. 13, setting forth the congres- less than 4 percent of the gross domestic resolution, amendment, motion, or con- sional budget for the United States product of the United States over the next 10 ference report that would open the Yucca Government for fiscal year 2010, revis- years, provided that such legislation would Mountain Nuclear Repository and provide ing the appropriate budgetary levels not increase the deficit over either the pe- for the expanded use of clean, non-carbon for fiscal year 2009, and setting forth riod of the total of fiscal years 2009 through emitting nuclear energy in the United 2014 or the period of the total of fiscal year States. the appropriate budgetary levels for 2009 through 2019. (b) DEFICIT NEUTRALITY.—Subsection (a) fiscal years 2011 through 2014; which applies only if the legislation described in was ordered to lie on the table; as fol- SA 866. Mrs. HUTCHISON (for her- subsection (a) would not increase the deficit lows: self, Mr. MARTINEZ, Mr. VITTER, Mr. over the period of the total of fiscal years At the appropriate place, insert the fol- ENZI, Mr. CORNYN, and Mr. BROWNBACK) 2009 through 2014 or the period of the total of lowing: fiscal years 2009 through 2019. submitted an amendment intended to SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR be proposed by her to the concurrent COMPLETION OF 700 MILES OF THE SA 861. Mr. DEMINT submitted an SOUTHWEST BORDER FENCE. resolution S. Con. Res. 13, setting forth amendment intended to be proposed by The Chairman of the Committee on the the congressional budget for the United him to the concurrent resolution S. Budget of the Senate may revise the alloca- States Government for fiscal year 2010, Con. Res. 13, setting forth the congres- tions, aggregates, and other appropriate lev- revising the appropriate budgetary lev- sional budget for the United States els in this resolution by the amounts pro- els for fiscal year 2009, and setting Government for fiscal year 2010, revis- vided by 1 or more bills, joint resolutions, forth the appropriate budgetary levels ing the appropriate budgetary levels amendments, motions, or conference reports for fiscal years 2011 through 2014; which that would increase border security by com- was ordered to lie on the table; as fol- for fiscal year 2009, and setting forth pleting the construction of 700 miles of rein- the appropriate budgetary levels for forced fencing and the installation of the re- lows: fiscal years 2011 through 2014; which lated equipment described in section At the end of subtitle A of title III, insert was ordered to lie on the table; as fol- 102(b)(1)(B) of the Illegal Immigration Re- the following: lows: form and Immigrant Responsibility Act of SEC. ll. POINT OF ORDER ON LEGISLATION 1996 (8 USC 1103 note) by December 31, 2010, THAT IMPOSES A MARRIAGE TAX At the appropriate place in title II, insert PENALTY. the following: provided that such legislation would not increase the deficit over the 6-year period end- (a) IN GENERAL.—In the Senate, it shall not SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR ing on September 30, 2014 or the 11-year pe- be in order, to consider any bill, joint resolu- HIGHWAY TRUST FUND. tion, amendment, motion, or conference re- riod ending on September 30, 2019. The Chairman of the Senate Committee on port that includes any provision which im- the Budget may revise the allocations of a SA 864. Mr. ENSIGN submitted an poses or increases a marriage tax penalty. committee or committees, aggregates, and (b) DEFINITION.—In this section, the term other appropriate levels and limits in this amendment intended to be proposed by ‘‘marriage penalty’’ means any provision resolution for one or more bills, joint resolu- him to the concurrent resolution S. under which the Federal income tax liability tions, amendments, motions, or conference Con. Res. 13, setting forth the congres- of taxpayers filing a joint return under sec- reports that would allow States to opt out of sional budget for the United States tion 6013 of the Internal Revenue Code of 1986 a portion of the Federal highway program, Government for fiscal year 2010, revis- is greater than such tax liability of such tax- which permits States to keep a higher per- ing the appropriate budgetary levels payers if such taxpayers were unmarried and centage of the amount such States currently for fiscal year 2009, and setting forth had filed individual tax returns under sec- pay in Federal motor vehicle fuel taxes and tion 1(c) of such Code. provides States with greater flexibility in the appropriate budgetary levels for (c) WAIVER.—This section may be waived meeting their infrastructure priorities, pro- fiscal years 2011 through 2014; which or suspended only by an affirmative vote of vided that such legislation would not in- was ordered to lie on the table; as fol- three-fifths of the Members, dully chosen crease taxes and would not increase the def- lows: and sworn. (d) APPEALS.—An affirmative vote of three- icit over either the period of the total of fis- On page 10, line 20, strike ‘‘$46,670,000,000’’ fifths of the Members of the Senate, duly cal years 2009 through 2014 or the period of and insert ‘‘$46,666,000,000’’. chosen and sworn, shall be required to sus- the total of fiscal years 2009 through 2019. On page 10, line 21, strike ‘‘$46,960,000,000’’ tain an appeal of the ruling of the Chair on and insert ‘‘$46,956,000,000’’. a point of order raised under this section. SA 862. Mr. DEMINT submitted an On page 24, line 24, strike ‘‘$52,857,000,000’’ amendment intended to be proposed by and insert ‘‘$52,861,000,000’’. SA 867. Mrs. HUTCHISON (for her- him to the concurrent resolution S. On page 24, line 25, strike ‘‘$51,630,000,000’’ and insert ‘‘$51,634,000,000’’. self, Mr. BOND, Mr. VITTER, Mr. ROB- Con. Res. 13, setting forth the congres- ERTS, Mr. INHOFE, Mr. VOINOVICH, Mr. sional budget for the United States Mr. INHOFE submitted an WICKER, Mr. BROWNBACK, Mr. CORNYN, Government for fiscal year 2010, revis- SA 865. amendment intended to be proposed by Mr. COCHRAN, Mr. SHELBY, Mr. COBURN, ing the appropriate budgetary levels him to the concurrent resolution S. and Mr. BARRASSO) submitted an for fiscal year 2009, and setting forth Con. Res. 13, setting forth the congres- amendment intended to be proposed by the appropriate budgetary levels for sional budget for the United States her to the concurrent resolution S. fiscal years 2011 through 2014; which Government for fiscal year 2010, revis- Con. Res. 13, setting forth the congres- was ordered to lie on the table; as fol- ing the appropriate budgetary levels sional budget for the United States lows: for fiscal year 2009, and setting forth Government for fiscal year 2010, revis- At the appropriate place in title II, insert the appropriate budgetary levels for ing the appropriate budgetary levels the following: fiscal years 2011 through 2014; which for fiscal year 2009, and setting forth SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO the appropriate budgetary levels for PROVIDE UNION TRANSPARENCY was ordered to lie on the table; as fol- AND FISCAL INTEGRITY. lows: fiscal years 2011 through 2014; which The Chairman of the Senate Committee on At the end of title II, add the following: was ordered to lie on the table; as follows: the Budget may revise the allocations of a SEC. 216. DEFICIT-NEUTRAL RESERVE FUND TO committee or committees, aggregates, and MODERNIZE THE ARMED FORCES On page 33, line 1 after ‘‘reduce our Na- other appropriate levels and limits in this AND REQUIRE A MINIMUM BASELINE tion’s dependence on imported energy’’ in- resolution for one or more bills, joint resolu- FOR DEFENSE FUNDING. sert ‘‘including through expanded offshore tions, amendments, motions, or conference The Chairman of the Senate Committee on oil and gas production in the Outer Conti- reports that would require labor organiza- the Budget may revise the allocations of a nental Shelf’’.

VerDate Nov 24 2008 04:27 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.121 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4211 SA 868. Mrs. HUTCHISON (for her- revise the allocations in this resolution if SEC.ll. DEFICIT-NEUTRAL RESERVE FUND FOR PROVISION OF CRITICAL RE- self, Mr. CORNYN, Mr. MARTINEZ, and the legislation provided for in subsections (a) SOURCES TO FIREFIGHTERS AND Mr. ENZI) submitted an amendment in- or (b) is reported from any committee pursuant to section 310 of the Congressional Budg- FIRE DEPARTMENTS. tended to be proposed by her to the The Chairman of the Senate Committee on et Act of 1974, unless, the Senate finds that the Budget may revise the allocations of a concurrent resolution S. Con. Res. 13, public health, the economy and national se- committee or committees, aggregates, and setting forth the congressional budget curity of the United States are jeopardized other levels and limits in this resolution for for the United States Government for by inaction on global warming.’’ fiscal year 2010, revising the appro- one or more bills, joint resolutions, amendments, motions, or conference reports that priate budgetary levels for fiscal year SA 870. Mr. THUNE (for himself and would provide firefighters and fire depart- 2009, and setting forth the appropriate Mrs. LINCOLN) submitted an amendments with critical resources under the As- budgetary levels for fiscal years 2011 ment intended to be proposed by him sistance to Firefighters Grant and the Staff- through 2014; which was ordered to lie to the concurrent resolution S. Con. ing for Adequate Fire and Emergency Re- on the table; as follows: Res. 13, setting forth the congressional sponse Firefighters Grant of the Federal Emergency Management Agency, by the On page 3, line 13, decrease the amount by budget for the United States Govern- amounts provided in such legislation for $2,860,000,000. ment for fiscal year 2010, revising the such purpose, provided that such legislation On page 3, line 14, decrease the amount by appropriate budgetary levels for fiscal would not increase the deficit over either the $2,935,000,000. year 2009, and setting forth the appro- period of the total of fiscal years 2009 On page 3, line 15, decrease the amount by priate budgetary levels for fiscal years through 2014 or the period of the total of fis- $2,993,000,000. cal years 2009 through 2019. On page 4, line 7, decrease the amount by 2011 through 2014; which was ordered to lie on the table; as follows: $2,860,000,000. SA 873. Mrs. LINCOLN (for herself, On page 4, line 8, decrease the amount by On page 24, line 24, increase the amount by Mr. KYL, Mr. NELSON of Nebraska, Mr. $2,935,000,000. $99,000,000. On page 4, line 9, decrease the amount by On page 24, line 25, increase the amount by GRASSLEY, Mr. PRYOR, Mr. ROBERTS, $2,993,000,000. $12,000,000. Ms. LANDRIEU, Mr. ENZI, and Ms. COL- On page 4, line 16, increase the amount by On page 25, line 4, increase the amount by LINS) submitted an amendment in- $46,332,000. $28,000,000. tended to be proposed by her to the On page 4, line 17, increase the amount by On page 27, line 23, decrease the amount by concurrent resolution S. Con. Res. 13, $168,298,000. $99,000,000. setting forth the congressional budget On page 4, line 18, increase the amount by On page 27, line 24, decrease the amount by for the United States Government for $334,050,000. $12,000,000. fiscal year 2010, revising the appro- On page 4, line 25, increase the amount by On page 28, line 3, decrease the amount by priate budgetary levels for fiscal year $46,332,000. $28,000,000. On page 5, line 1, increase the amount by 2009, and setting forth the appropriate $168,298,000. SA 871. Mr. ENSIGN submitted an budgetary levels for fiscal years 2011 On page 5, line 2, increase the amount by amendment intended to be proposed by through 2014; as follows: $334,050,000. him to the concurrent resolution S. At the appropriate place in title II, insert On page 5, line 9, increase the amount by Con. Res. 13, setting forth the congres- the following: $2,906,332,000. SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR On page 5, line 10, increase the amount by sional budget for the United States Government for fiscal year 2010, revis- ESTATE TAX RELIEF. $3,103,298,000. The Chairman of the Senate Committee on On page 5, line 11, increase the amount by ing the appropriate budgetary levels the Budget may revise the allocations of a $3,327,050,000. for fiscal year 2009, and setting forth committee or committees, aggregates, and On page 5, line 19, increase the amount by the appropriate budgetary levels for other appropriate levels and limits in this $2,906,332,000. fiscal years 2011 through 2014; which resolution for one or more bills, joint resolu- On page 5, line 20, increase the amount by was ordered to lie on the table; as fol- tions, amendments, motions, or conference $6,009,630,000. lows: reports that would provide for estate tax re- On page 5, line 21, increase the amount by form legislation establishing— $9,336,680,000. On page 49, after line 3, insert the fol- (1) an estate tax exemption level of On page 6, line 2, increase the amount by lowing: $5,000,000, indexed for inflation, $2,906,332,000. SEC. ll. DEFICIT-MUTUAL RESERVE FUND TO (2) a maximum estate tax rate of 35 per- On page 6, line 3, increase the amount by PRESERVE THE INTEGRITY OF THE cent, CENSUS. $6,009,630,000. (3) a reunification of the estate and gift On page 6, line 4, increase the amount by The Chairman of the Senate Committee on credits, and $9,336,680,000. the Budget may revise the allocations, ag- (4) portability of exemption between On page 27, line 7, increase the amount by gregates, and other appropriate levels in this spouses, and $46,332,000. resolution for a bill, joint resolution, amend- provided that such legislation would not in- On page 27, line 8, increase the amount by ment, motion, or conference report to pro- crease the deficit over either the period of hibit expenditure of any funds provided for $46,332,000. the total of fiscal years 2009 through 2014 or developing and conducting the census by any On page 27, line 11, increase the amount by the period of the total of fiscal years 2009 Federal office or agency not within the juris- $168,298,000. through 2019. On page 27, line 12, increase the amount by diction of the Department of Commerce, by $168,298,000. the amounts provided in that legislation for SA 874. Ms. LANDRIEU (for herself On page 27, line 15, increase the amount by that purpose provided that such legislation and Mr. GRASSLEY) submitted an $334,050,000. would not increase spending over the total of On page 27, line 16, increase the amount by the period of fiscal years 2009 through 2014, amendment intended to be proposed by $334,050,000. provided that such legislation would not inher to the concurrent resolution S. crease revenues in any year in the period of Con. Res. 13, setting forth the congres- SA 869. Mr. WHITEHOUSE (for him- fiscal years 2009 through 2019. sional budget for the United States self and Mrs. BOXER) submitted an Government for fiscal year 2010, revis- amendment intended to be proposed by SA 872. Mr. DODD (for himself, Mr. ing the appropriate budgetary levels him to the concurrent resolution S. LIEBERMAN, and Ms. COLLINS) sub- for fiscal year 2009, and setting forth Con. Res. 13, setting forth the congres- mitted an amendment intended to be the appropriate budgetary levels for sional budget for the United States proposed by him to the concurrent res- fiscal years 2011 through 2014; as fol- Government for fiscal year 2010, revis- olution S. Con. Res. 13, setting forth lows: ing the appropriate budgetary levels the congressional budget for the United At the end of title II, insert the following: for fiscal year 2009, and setting forth States Government for fiscal year 2010, SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR the appropriate budgetary levels for revising the appropriate budgetary lev- FOSTER CARE FINANCING REFORM. fiscal years 2011 through 2014; which els for fiscal year 2009, and setting The Chairman of the Senate Committee on the Budget may revise the allocations of a was ordered to lie on the table; as fol- forth the appropriate budgetary levels for fiscal years 2011 through 2014; which committee or committees, aggregates, and lows: other appropriate levels and limits in this Section 202 is amended by inserting at the was ordered to lie on the table; as fol- resolution for one or more bills, joint resolu- end the following: ‘‘(c) The Chairman of the lows. tions, amendments, motions, or conference Senate Committee on the Budget shall not At the end of Title II, insert the following: reports that would—

VerDate Nov 24 2008 06:08 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.133 S01APPT1 smartinez on PROD1PC64 with SENATE S4212 CONGRESSIONAL RECORD — SENATE April 1, 2009 (1) change the Federal foster care payment SA 878. Mr. DODD (for himself and that provide funds to States to establish or system from a system that supports pro- Mr. HATCH) submitted an amendment expand quality programs of early childhood grams to one that supports children, what- intended to be proposed by her to the home visitation that increase school readi- ever their best placement may be, and one concurrent resolution S. Con. Res. 13, ness, child abuse and neglect prevention, and that promotes permanency for children; early identification of developmental and (2) when it is determined to be in the best setting forth the congressional budget health delays, including potential mental interests of the child, promote and improve for the United States Government for health concerns, and that— family support, family preservation, includ- fiscal year 2010, revising the appro- (1) serve pregnant women, or parent’s or ing residential family treatment for families priate budgetary levels for fiscal year other primary caregivers and their children suffering from substance abuse and addic- 2009, and setting forth the appropriate under the age of entry into kindergarten tion, and time-limited family reunification budgetary levels for fiscal years 2011 through quality programs of early childhood services; through 2014; which was ordered to lie home visitation; (3) provide for subsidies and support pro- on the table; as follows: (2) are delivered by nurses, social workers, grams that are available to support the child development specialists, or other well- needs of the children prior to removal, dur- On page 19, line 24, increase the amount by trained and competent staff, as dem- ing removal, and post placement, whether $188,000,000. onstrated by education or training and the through reunification, adoption, kinship On page 19, line 25, increase the amount by provision of ongoing specific training and su- adoption, or guardianship; $56,000,000. pervision in the model of service being deliv- (4) promote innovation and best practice at On page 20, line 4, increase the amount by ered; the State level; and $81,000,000. (3) have outcomes and research standards (5) guarantee that public funds are used to On page 20, line 8, increase the amount by that— effectively meet the needs of children who $34,000,000. (A) demonstrate ongoing positive out- have been abused or neglected; On page 20, line 12, increase the amount by comes for children, parents and other pri- $13,000,000. mary caregivers that enhance child health by the amounts provided in such legislation On page 27, line 23, decrease the amount by for those purposes, provided that such legis- and development; $188,000,000. (B) conform to a clear consistent home vis- lation would not increase the deficit over ei- On page 27, line 24, decrease the amount by ther the period of the total of fiscal years itation model that has been in existence for $56,000,000. at least 3 years and that— 2009 through 2014 or the period of the total of On page 28, line 3, increase the amount by fiscal years 2009 through 2019. (i) is research-based, grounded in relevant $81,000,000. empirically-based knowledge; On page 28, line 7, increase the amount by (ii) is linked to program determined out- SA 875. Mr. SANDERS submitted an $34,000,000. amendment intended to be proposed by comes; On page 28, line 11, increase the amount by (iii) is associated with a national organiza- him to the concurrent resolution S. $13,000,000. tion or institution of higher education that Con. Res. 13, setting forth the congres- has comprehensive home visitation program sional budget for the United States SA 879. Ms. STABENOW (for herself, standards that ensure high quality service Government for fiscal year 2010, revis- Mr. BROWN, Mrs. BOXER, and Mrs. delivery and continuous program quality im- ing the appropriate budgetary levels SHAHEEN) submitted an amendment in- provement; and for fiscal year 2009, and setting forth tended to be proposed by her to the (iv) has demonstrated significant positive the appropriate budgetary levels for concurrent resolution S. Con. Res. 13, outcomes when evaluated using well-de- fiscal years 2011 through 2014; as fol- setting forth the congressional budget signed and rigorous randomized controlled or for the United States Government for well-designed and rigorous quasi-experi- lows: mental research designs, and the evaluation On page 48, line 24, insert ‘‘including the fiscal year 2010, revising the appro- results have been published in a peer-re- identity of each entity to which the Board priate budgetary levels for fiscal year viewed journal; and has provided such assistance, the value or 2009, and setting forth the appropriate (4) show, establish, or propose linkages to amount of that financial assistance, and budgetary levels for fiscal years 2011 high quality early learning opportunities; what that entity is doing with such financial through 2014; which was ordered to lie provided that such legislation would not in- assistance,’’ after ‘‘2008,’’. on the table; as follows: crease the deficit over either the period of the total of fiscal years 2009 through 2014 or On page 33, line 20, strike ‘‘or help’’ and in- SA 876. Mrs. LINCOLN (for herself the period of the total of fiscal years 2009 sert ‘‘create new jobs in a clean technology through 2019. and Ms. SNOWE) submitted an amend- economy, strengthen the manufacturing ment intended to be proposed by her to competitiveness of the United States, diver- SA 881. Mr. DORGAN (for himself and the concurrent resolution S. Con. Res. sify the domestic clean energy supply to in- Ms. SNOWE) submitted an amendment 13, setting forth the congressional crease the energy security of the United intended to be proposed by him to the budget for the United States Govern- States, protect consumers (including policies concurrent resolution S. Con. Res. 13, ment for fiscal year 2010, revising the that address regional differences), provide setting forth the congressional budget appropriate budgetary levels for fiscal incentives for cost-savings achieved through for the United States Government for year 2009, and setting forth the appro- energy efficiencies, provide voluntary opportunities for agriculture and forestry commu- fiscal year 2010, revising the appropriate budgetary levels for fiscal years nities to contribute to reducing the levels of priate budgetary levels for fiscal year 2011 through 2014; which was ordered to greenhouse gases in the atmosphere, and 2009, and setting forth the appropriate lie on the table; as follows: help’’. budgetary levels for fiscal years 2011 On page 30, line 10, strike ‘‘, households’’ through 2014; which was ordered to lie and insert ‘‘(in particular to small business SA 880. Mrs. MURRAY (for herself on the table; as follows: and individuals who are self-employed), and Mr. BOND) submitted an amend- households’’. ment intended to be proposed by her to On page 38, line 19, insert ‘‘, such as enhanced charitable giving from individual re- the concurrent resolution S. Con. Res. SA 877. Mr. REED (for himself and tirement accounts, including life-income 13, setting forth the congressional gifts,’’ before ‘‘or refundable tax relief’’. Ms. COLLINS) submitted an amendment budget for the United States Govern- Sec. 206(b) TAX RELIEF—The Chairman of intended to be proposed by her to the ment for fiscal year 2010, revising the the Senate Committee on the Budget may concurrent resolution S. Con. Res. 13, appropriate budgetary levels for fiscal revise the allocations of a committee or setting forth the congressional budget year 2009, and setting forth the appro- committees, aggregates, and other appro- for the United States Government for priate budgetary levels for fiscal years priate levels in this resolution by the fiscal year 2010, revising the appro- 2011 through 2014; which was ordered to amounts provided by one or more bills, joint resolutions, amendments, motions, or con- priate budgetary levels for fiscal year lie on the table; as follows: 2009, and setting forth the appropriate ference reports that would provide tax relief, At the appropriate place in title II, insert budgetary levels for fiscal years 2011 including but not limited to extensions of ex- the following: piring and expired tax relief, such as en- through 2014; which was ordered to lie SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR hanced charitable giving from individual re- on the table; as follows: HOME VISITATION PROGRAMS. tirement accounts, including life-income On page 34, line 13, insert ‘‘such as by in- The Chairman of the Senate Committee on gifts, or refundable tax relief, by the vesting in programs such as the programs the Budget may revise the allocations, ag- amounts provided in that legislation for under subpart 4 of part A of title IV of the gregates, and other levels in this resolution those purposes, provided that such legisla- Higher Education Act of 1965 (20 U.S.C. 1070c for one or more bills, joint resolutions, tion would not increase the deficit over ei- et seq.),’’ after ‘‘students,’’. amendments, motions, or conference reports ther the period of the total of fiscal years

VerDate Nov 24 2008 04:27 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.134 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4213 2009 through 2014 or the period of the total of Sec. 317. Limitation on long-term spending Fiscal year 2013: ¥$477,000,000,000 fiscal years 2009 through 2019. proposals Fiscal year 2014: ¥$484,000,000,000 Sec. 318. Revenues collected from closing the Fiscal year 2015: ¥$459,000,000,000 SA 882. Mr. McCAIN (for himself, Mr. tax gap are used only for debt Fiscal year 2016: ¥$503,000,000,000 COBURN, Mr. GRAHAM, and Mrs. reduction. Fiscal year 2017: ¥$481,000,000,000 HUTCHISON) submitted an amendment Sec. 319. Point of order to save Social Secu- Fiscal year 2018: ¥$484,000,000,000 intended to be proposed by him to the rity first. Fiscal year 2019: ¥$448,000,000,000 Sec. 320. Point of order against a budget res- concurrent resolution S. Con. Res. 13, (5) PUBLIC DEBT.—Pursuant to section olution containing a debt-held- 301(a)(5) of the Congressional Budget Act of setting forth the congressional budget by the—Public-to-GDP ratio for the United States Government for 1974, the appropriate levels of the public debt that exceeds 65%. are as follows: fiscal year 2010, revising the appro- Sec. 321. Point of order against a budget res- Fiscal year 2009: $11,836,000,000,000 olution containing deficit levels priate budgetary levels for fiscal year Fiscal year 2010: $13,255,000,000,000 Exceeding 8% of GDP. 2009, and setting forth the appropriate Fiscal year 2011: $14,321,000,000,000 budgetary levels for fiscal years 2011 TITLE I—RECOMMENDED LEVELS AND Fiscal year 2012: $15,194,000,000,000 through 2014; which was ordered to lie AMOUNTS Fiscal year 2013: $16,074,000,000,000 on the table; as follows: SEC. 101. RECOMMENDED LEVELS AND Fiscal year 2014: $16,943,000,000,000 Strike all after the resolving clause and in- AMOUNTS. Fiscal year 2015: $17,774,000,000,000 sert the following: The following budgetary levels are appro- Fiscal year 2016: $18,630,000,000,000 priate for each of fiscal years 2009 through SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2017: $19,470,000,000,000 2014: BUDGET FOR FISCAL YEAR 2010. Fiscal year 2018: $20,318,000,000,000 (1) FEDERAL REVENUES.—For purposes of (a) DECLARATION.—Congress declares that Fiscal year 2019: $21,093,000,000,000 the enforcement of this resolution: this resolution is the concurrent resolution EBT HELD BY THE PUBLIC.—The appro- (A) The recommended levels of Federal (6) D on the budget for fiscal year 2010 and that priate levels of debt held by the public are as revenues are as follows: this resolution sets forth the appropriate Fiscal year 2009: $2,186,000,000,000 follows: budgetary levels for fiscal years 2009 and 2011 Fiscal year 2010: $2,332,000,000,000 Fiscal year 2009: $7,496,000,000,000 through 2019. Fiscal year 2011: $2,651,000,000,000 Fiscal year 2010: $8,686,000,000,000 (b) TABLE OF CONTENTS.—The table of con- Fiscal year 2012: $2,858,000,000,000 Fiscal year 2011: $9,484,000,000,000 tents for this concurrent resolution is as fol- Fiscal year 2013: $3,025,000,000,000 Fiscal year 2012: $9,986,000,000,000 lows: Fiscal year 2014: $3,166,000,000,000 Fiscal year 2013: $10,464,000,000,000 Sec. 1. Concurrent resolution on the budget Fiscal year 2015: $3,329,000,000,000 Fiscal year 2014: $10,948,000,000,000 for fiscal year 2010. Fiscal year 2016: $3,470,000,000,000 Fiscal year 2015: $11,407,000,000,000 TITLE I—RECOMMENDED LEVELS AND Fiscal year 2017: $3,625,000,000,000 Fiscal year 2016: $11,910,000,000,000 AMOUNTS Fiscal year 2018: $3,771,000,000,000 Fiscal year 2017: $12,391,000,000,000 Sec. 101. Recommended levels and amounts. Fiscal year 2019: $3,923,000,000,000 Fiscal year 2018: $12,875,000,000,000 Sec. 102. Social Security. (B) The amounts by which the aggregate Fiscal year 2019: $13,323,000,000,000 levels of Federal revenues should be changed Sec. 103. Major functional categories. SEC. 102. SOCIAL SECURITY. are as follows: TITLE II—RESERVE FUNDS Fiscal year 2009: $0 (a) SOCIAL SECURITY REVENUES.—For pur- Sec. 201. Deficit-reducing reserve funds for Fiscal year 2010: $-3,000,000,000 poses of Senate enforcement under sections entitlement commissions—So- Fiscal year 2011: $-132,000,000,000 302 and 311 of the Congressional Budget Act cial Security and Medicare & Fiscal year 2012: $-228,000,000,000 of 1974, the amounts of revenues of the Fed- Medicaid. Fiscal year 2013: $-257,000,000,000 eral Old-Age and Survivors Insurance Trust Sec. 202. Sense of the Senate to protect sen- Fiscal year 2014: $-269,000,000,000 Fund and the Federal Disability Insurance iors. Fiscal year 2015: $-280,000,000,000 Trust Fund are as follows: Sec. 203. Deficit-neutral reserve fund for Fiscal year 2016: $-291,000,000,000 Fiscal year 2009: $654,000,000,000 comprehensive healthcare re- Fiscal year 2017: $-302,000,000,000 Fiscal year 2010: $682,000,000,000 form. Fiscal year 2018: $-313,000,000,000 Fiscal year 2011: $719,000,000,000 Sec. 204. Deficit neutral reserve fund for Fiscal year 2019: $-325,000,000,000 Fiscal year 2012: $756,000,000,000 America’s veterans and wound- (2) NEW BUDGET AUTHORITY.—For purposes Fiscal year 2013: $803,000,000,000 ed servicemembers. of the enforcement of this resolution, the ap- Fiscal year 2014: $842,000,000,000 Sec. 205. Deficit-neutral reserve fund for en- propriate levels of total new budget author- Fiscal year 2015: $879,000,000,000 ergy security. ity are as follows: Fiscal year 2016: $925,000,000,000 Sec. 206. Deficit-neutral reserve fund for tax Fiscal year 2009: $4,193,877,000,000 Fiscal year 2017: $962,000,000,000 code modernization. Fiscal year 2010: $3,394,550,000,000 Fiscal year 2018: $1,004,000,000,000 Sec. 207. Deficit-neutral reserve fund for de- Fiscal year 2011: $3,310,202,000,000 Fiscal year 2019: $1,048,000,000,000 fense acquisition and con- Fiscal year 2012: $3,311,270,000,000 (b) SOCIAL SECURITY OUTLAYS.—For pur- tracting reform. Fiscal year 2013: $3,486,786,000,000 poses of Senate enforcement under sections Sec. 208. Deficit-neutral reserve fund for a bi- Fiscal year 2014: $3,661,286,000,000 302 and 311 of the Congressional Budget Act partisan, comprehensive inves- Fiscal year 2015: $3,810,805,000,000 of 1974, the amounts of outlays of the Fed- tigation into the current finan- Fiscal year 2016: $3,995,116,000,000 eral Old-Age and Survivors Insurance Trust cial crisis. Fiscal year 2017: $4,135,327,000,000 Fund and the Federal Disability Insurance TITLE III—BUDGET PROCESS Fiscal year 2018: $4,290,116,000,000 Trust Fund are as follows: SUBTITLE A—BUDGET ENFORCEMENT Fiscal year 2019: $4,402,012,000,000 Fiscal year 2009: $662,000,000,000 (3) BUDGET OUTLAYS.—For purposes of the Sec. 301. Discretionary spending limits, pro- Fiscal year 2010: $695,000,000,000 enforcement of this resolution, the appro- gram integrity initiatives, and Fiscal year 2011: $721,000,000,000 priate levels of total budget outlays are as other adjustments. Fiscal year 2012: $749,000,000,000 follows: Sec. 302. Point of order against advance ap- Fiscal year 2013: $790,000,000,000 Fiscal year 2009: $3,878,339,000,000 propriations. Fiscal year 2014: $839,000,000,000 Fiscal year 2010: $3,521,269,000,000 Sec. 303. Emergency legislation. Fiscal year 2015: $891,000,000,000 Fiscal year 2011: $3,499,706,000,000 Sec. 304. Point of order against legislation Fiscal year 2016: $948,000,000,000 Fiscal year 2012: $3,360,164,000,000 increasing short-term deficit. Fiscal year 2017: $1,008,000,000,000 Fiscal year 2013: $3,501,902,000,000 Fiscal year 2018: $1,072,000,000,000 SUBTITLE B—OTHER PROVISIONS Fiscal year 2014: $3,649,795,000,000 Fiscal year 2019: $1,141,000,000,000 Sec. 311. Oversight of government perform- Fiscal year 2015: $3,788,924,000,000 ance. Fiscal year 2016: $3,973,146,000,000 SEC. 103. MAJOR FUNCTIONAL CATEGORIES. Sec. 312. Budgetary treatment of certain dis- Fiscal year 2017: $4,105,805,000,000 Congress determines and declares that the cretionary administrative Ex- Fiscal year 2018: $4,254,933,000,000 appropriate levels of new budget authority penses. Fiscal year 2019: $4,370,163,000,000 and outlays for fiscal years 2009 through 2019 Sec. 313. Application and effect of changes in (4) DEFICITS.—For purposes of the enforce- for each major functional category are: allocations and aggregates. ment of this resolution, the amounts of the (1) NATIONAL DEFENSE (050): Sec. 314. Adjustments to reflect changes in deficits are as follows: Fiscal year 2009: concepts and definitions. Fiscal year 2009: ¥$1,693,000,000,000 (A) New budget authority, $689,926,000,000 Sec. 315. Exercise of rulemaking powers. Fiscal year 2010: ¥$1,190,000,000,000 (B) Outlays, $666,842,000,000 Sec. 316. Cost estimates for conference re- Fiscal year 2011: ¥$798,000,000,000 Fiscal year 2010: ports and other measures. Fiscal year 2012: ¥$502,000,000,000 (A) New budget authority, $686,128,000,000

VerDate Nov 24 2008 06:02 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.135 S01APPT1 smartinez on PROD1PC64 with SENATE S4214 CONGRESSIONAL RECORD — SENATE April 1, 2009 (B) Outlays, $689,963,000,000 Fiscal year 2017: Fiscal year 2012: Fiscal year 2011: (A) New budget authority, $32,319,000,000 (A) New budget authority, $6,205,000,000 (A) New budget authority, $614,923,000,000 (B) Outlays, $31,984,000,000 (B) Outlays, $6,159,000,000 (B) Outlays, $657,207,000,000 Fiscal year 2018: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $32,872,000,000 (A) New budget authority, $6,261,000,000 (A) New budget authority, $623,612,000,000 (B) Outlays, $32,446,000,000 (B) Outlays, $6,207,000,000 (B) Outlays, $637,011,000,000 Fiscal year 2019: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $33,484,000,000 (A) New budget authority, $6,319,000,000 (A) New budget authority, $634,421,000,000 (B) Outlays, $33,028,000,000 (B) Outlays, $6,261,000,000 (B) Outlays, $636,332,000,000 (4) ENERGY (270): Fiscal year 2015: Fiscal year 2014: Fiscal year 2009: (A) New budget authority, $6,359,000,000 (A) New budget authority, $648,249,000,000 (A) New budget authority, $44,998,000,000 (B) Outlays, $6,275,000,000 (B) Outlays, $641,632,000,000 (B) Outlays, $5,350,000,000 Fiscal year 2016: Fiscal year 2015: Fiscal year 2010: (A) New budget authority, $6,402,000,000 (A) New budget authority, $663,159,000,000 (A) New budget authority, $5,568,000,000 (B) Outlays, $6,312,000,000 (B) Outlays, $653,234,000,000 (B) Outlays, $8,974,000,000 Fiscal year 2017: Fiscal year 2016: Fiscal year 2011: (A) New budget authority, $6,455,000,000 (A) New budget authority, $678,149,000,000 (A) New budget authority, $5,582,000,000 (B) Outlays, $6,345,000,000 (B) Outlays, $671,890,000,000 (B) Outlays, $11,303,000,000 Fiscal year 2018: Fiscal year 2017: Fiscal year 2012: (A) New budget authority, $6,507,000,000 (A) New budget authority, $694,153,000,000 (A) New budget authority, $5,459,000,000 (B) Outlays, $6,401,000,000 (B) Outlays, $683,256,000,000 (B) Outlays, $11,999,000,000 Fiscal year 2019: Fiscal year 2018: Fiscal year 2013: (A) New budget authority, $6,601,000,000 (A) New budget authority, $709,147,000,000 (A) New budget authority, $5,319,000,000 (B) Outlays, $6,532,000,000 (B) Outlays, $693,789,000,000 (B) Outlays, $7,091,000,000 OMMERCE AND HOUSING CREDIT (370): Fiscal year 2019: Fiscal year 2014: (7) C (A) New budget authority, $726,167,000,000 (A) New budget authority, $5,175,000,000 Fiscal year 2009: (B) Outlays, $714,089,000,000 (B) Outlays, $2,082,000,000 (A) New budget authority, $13,216,000,000 (B) Outlays, $6,253,000,000 (2) INTERNATIONAL AFFAIRS (150): Fiscal year 2015: Fiscal year 2009: (A) New budget authority, $5,212,000,000 Fiscal year 2010: (A) New budget authority, $57,114,000,000 (B) Outlays, $3,214,000,000 (A) New budget authority, $6,197,000,000 (B) Outlays, $41,514,000,000 Fiscal year 2016: (B) Outlays, $8,977,000,000 Fiscal year 2010: (A) New budget authority, $5,325,000,000 Fiscal year 2011: (A) New budget authority, $42,847,000,000 (B) Outlays, $3,512,000,000 (A) New budget authority, $6,055,000,000 (B) Outlays, $43,622,000,000 Fiscal year 2017: (B) Outlays, $6,847,000,000 Fiscal year 2011: (A) New budget authority, $5,478,000,000 Fiscal year 2012: (A) New budget authority, $43,167,000,000 (B) Outlays, $3,765,000,000 (A) New budget authority, $6,097,000,000 (B) Outlays, $43,897,000,000 Fiscal year 2018: (B) Outlays, $7,436,000,000 Fiscal year 2012: (A) New budget authority, $5,567,000,000 Fiscal year 2013: (A) New budget authority, $43,473,000,000 (B) Outlays, $3,905,000,000 (A) New budget authority, $5,982,000,000 (B) Outlays, $43,985,000,000 Fiscal year 2019: (B) Outlays, $7,180,000,000 Fiscal year 2013: (A) New budget authority, $5,595,000,000 Fiscal year 2014: (A) New budget authority, $43,759,000,000 (B) Outlays, $4,502,000,000 (A) New budget authority, $5,909,000,000 (B) Outlays, $43,911,000,000 (5) NATURAL RESOURCES AND ENVIRONMENT (B) Outlays, $6,250,000,000 Fiscal year 2014: (300): Fiscal year 2015: (A) New budget authority, $44,214,000,000 Fiscal year 2009: (A) New budget authority, $5,860,000,000 (B) Outlays, $43,866,000,000 (A) New budget authority, $54,596,000,000 (B) Outlays, $5,915,000,000 Fiscal year 2015: (B) Outlays, $36,252,000,000 Fiscal year 2016: (A) New budget authority, $44,847,000,000 Fiscal year 2010: (A) New budget authority, $5,855,000,000 (B) Outlays, $44,257,000,000 (A) New budget authority, $35,085,000,000 (B) Outlays, $5,748,000,000 Fiscal year 2016: (B) Outlays, $38,866,000,000 Fiscal year 2017: (A) New budget authority, $45,621,000,000 Fiscal year 2011: (A) New budget authority, $5,839,000,000 (B) Outlays, $44,870,000,000 (A) New budget authority, $35,772,000,000 (B) Outlays, $5,730,000,000 Fiscal year 2017: (B) Outlays, $37,713,000,000 Fiscal year 2018: (A) New budget authority, $46,430,000,000 Fiscal year 2012: (A) New budget authority, $5,814,000,000 (B) Outlays, $45,575,000,000 (A) New budget authority, $35,952,000,000 (B) Outlays, $5,701,000,000 Fiscal year 2018: (B) Outlays, $36,983,000,000 Fiscal year 2019: (A) New budget authority, $47,211,000,000 Fiscal year 2013: (A) New budget authority, $5,793,000,000 (B) Outlays, $46,301,000,000 (A) New budget authority, $36,160,000,000 (B) Outlays, $5,675,000,000 Fiscal year 2019: (B) Outlays, $36,478,000,000 (8) TRANSPORTATION (400): (A) New budget authority, $48,084,000,000 Fiscal year 2014: Fiscal year 2009: (B) Outlays, $47,105,000,000 (A) New budget authority, $36,465,000,000 (A) New budget authority, $79,061,000,000 (3) GENERAL SCIENCE, SPACE, AND TECH- (B) Outlays, $36,631,000,000 (B) Outlays, $85,668,000,000 NOLOGY (250): Fiscal year 2015: Fiscal year 2010: Fiscal year 2009: (A) New budget authority, $36,714,000,000 (A) New budget authority, $30,312,000,000 (A) New budget authority, $35,264,000,000 (B) Outlays, $36,712,000,000 (B) Outlays, $92,847,000,000 (B) Outlays, $30,855,000,000 Fiscal year 2016: Fiscal year 2011: Fiscal year 2010: (A) New budget authority, $37,002,000,000 (A) New budget authority, $30,717,000,000 (A) New budget authority, $29,780,000,000 (B) Outlays, $36,845,000,000 (B) Outlays, $93,051,000,000 (B) Outlays, $31,707,000,000 Fiscal year 2017: Fiscal year 2012: Fiscal year 2011: (A) New budget authority, $37,312,000,000 (A) New budget authority, $31,140,000,000 (A) New budget authority, $30,007,000,000 (B) Outlays, $36,917,000,000 (B) Outlays, $92,082,000,000 (B) Outlays, $31,161,000,000 Fiscal year 2018: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $37,602,000,000 (A) New budget authority, $31,544,000,000 (A) New budget authority, $30,231,000,000 (B) Outlays, $36,923,000,000 (B) Outlays, $92,110,000,000 (B) Outlays, $30,214,000,000 Fiscal year 2019: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $37,952,000,000 (A) New budget authority, $32,105,000,000 (A) New budget authority, $30,432,000,000 (B) Outlays, $37,215,000,000 (B) Outlays, $92,296,000,000 (B) Outlays, $30,312,000,000 (6) AGRICULTURE (350): Fiscal year 2015: Fiscal year 2014: Fiscal year 2009: (A) New budget authority, $32,806,000,000 (A) New budget authority, $30,758,000,000 (A) New budget authority, $6,349,000,000 (B) Outlays, $91,863,000,000 (B) Outlays, $30,584,000,000 (B) Outlays, $6,111,000,000 Fiscal year 2016: Fiscal year 2015: Fiscal year 2010: (A) New budget authority, $33,656,000,000 (A) New budget authority, $30,703,000,000 (A) New budget authority, $6,131,000,000 (B) Outlays, $90,792,000,000 (B) Outlays, $30,417,000,000 (B) Outlays, $6,217,000,000 Fiscal year 2017: Fiscal year 2016: Fiscal year 2011: (A) New budget authority, $34,545,000,000 (A) New budget authority, $31,748,000,000 (A) New budget authority, $6,150,000,000 (B) Outlays, $90,908,000,000 (B) Outlays, $31,359,000,000 (B) Outlays, $6,133,000,000 Fiscal year 2018:

VerDate Nov 24 2008 06:02 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.164 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4215

(A) New budget authority, $35,432,000,000 (A) New budget authority, $58,305,000,000 (14) SOCIAL SECURITY (650): (B) Outlays, $92,372,000,000 (B) Outlays, $57,913,000,000 Fiscal year 2009: Fiscal year 2019: Fiscal year 2014: (A) New budget authority, $6,386,000,000 (A) New budget authority, $36,385,000,000 (A) New budget authority, $58,971,000,000 (B) Outlays, $5,479,000,000 (B) Outlays, $93,932,000,000 (B) Outlays, $58,176,000,000 Fiscal year 2010: (9) COMMUNITY AND REGIONAL DEVELOPMENT Fiscal year 2015: (A) New budget authority, $5,460,000,000 (450): (A) New budget authority, $59,879,000,000 (B) Outlays, $5,549,000,000 Fiscal year 2009: (B) Outlays, $58,713,000,000 Fiscal year 2011: (A) New budget authority, $23,006,000,000 Fiscal year 2016: (A) New budget authority, $5,545,000,000 (B) Outlays, $26,252,000,000 (A) New budget authority, $60,974,000,000 (B) Outlays, $5,655,000,000 Fiscal year 2010: (B) Outlays, $59,583,000,000 Fiscal year 2012: (A) New budget authority, $14,959,000,000 Fiscal year 2017: (A) New budget authority, $5,630,000,000 (B) Outlays, $26,337,000,000 (A) New budget authority, $62,124,000,000 (B) Outlays, $5,763,000,000 Fiscal year 2011: (B) Outlays, $60,662,000,000 Fiscal year 2013: (A) New budget authority, $15,070,000,000 Fiscal year 2018: (A) New budget authority, $5,716,000,000 (B) Outlays, $24,669,000,000 (A) New budget authority, $63,242,000,000 (B) Outlays, $5,849,000,000 Fiscal year 2012: (B) Outlays, $61,727,000,000 Fiscal year 2014: (A) New budget authority, $15,179,000,000 Fiscal year 2019: (A) New budget authority, $5,830,000,000 (B) Outlays, $21,493,000,000 (A) New budget authority, $64,465,000,000 (B) Outlays, $5,809,000,000 Fiscal year 2013: (B) Outlays, $62,697,000,000 Fiscal year 2015: (A) New budget authority, $15,277,000,000 (12) MEDICARE (570): (A) New budget authority, $5,969,000,000 (B) Outlays, $18,981,000,000 Fiscal year 2009: (B) Outlays, $5,942,000,000 Fiscal year 2014: (A) New budget authority, $5,390,000,000 Fiscal year 2016: (A) New budget authority, $15,435,000,000 (B) Outlays, $5,255,000,000 (A) New budget authority, $6,135,000,000 (B) Outlays, $17,445,000,000 Fiscal year 2010: (B) Outlays, $6,103,000,000 Fiscal year 2015: (A) New budget authority, $5,595,000,000 (A) New budget authority, $15,662,000,000 (B) Outlays, $5,566,000,000 Fiscal year 2017: (B) Outlays, $16,156,000,000 Fiscal year 2011: (A) New budget authority, $6,306,000,000 Fiscal year 2016: (A) New budget authority, $5,819,000,000 (B) Outlays, $6,271,000,000 (A) New budget authority, $15,932,000,000 (B) Outlays, $5,781,000,000 Fiscal year 2018: (B) Outlays, $15,504,000,000 Fiscal year 2012: (A) New budget authority, $6,479,000,000 Fiscal year 2017: (A) New budget authority, $5,852,000,000 (B) Outlays, $6,443,000,000 (A) New budget authority, $16,215,000,000 (B) Outlays, $5,828,000,000 Fiscal year 2019: (B) Outlays, $15,664,000,000 Fiscal year 2013: (A) New budget authority, $6,665,000,000 Fiscal year 2018: (A) New budget authority, $5,893,000,000 (B) Outlays, $6,627,000,000 (A) New budget authority, $16,481,000,000 (B) Outlays, $5,855,000,000 (15) VETERANS BENEFITS AND SERVICES (B) Outlays, $15,911,000,000 Fiscal year 2014: (700): Fiscal year 2019: (A) New budget authority, $5,927,000,000 Fiscal year 2009: (A) New budget authority, $16,787,000,000 (B) Outlays, $5,920,000,000 (A) New budget authority, $49,394,000,000 (B) Outlays, $16,153,000,000 Fiscal year 2015: (B) Outlays, $46,757,000,000 (10) EDUCATION, TRAINING, EMPLOYMENT, (A) New budget authority, $5,967,000,000 Fiscal year 2010: AND SOCIAL SERVICES (500): (B) Outlays, $5,935,000,000 (A) New budget authority, $53,263,000,000 Fiscal year 2009: Fiscal year 2016: (B) Outlays, $52,474,000,000 (A) New budget authority, $188,508,000,000 (A) New budget authority, $6,004,000,000 Fiscal year 2011: (B) Outlays, $94,814,000,000 (B) Outlays, $5,955,000,000 (A) New budget authority, $54,417,000,000 Fiscal year 2010: Fiscal year 2017: (B) Outlays, $53,972,000,000 (A) New budget authority, $89,417,000,000 (A) New budget authority, $6,035,000,000 Fiscal year 2012: (B) Outlays, $138,899,000,000 (B) Outlays, $5,962,000,000 (A) New budget authority, $55,855,000,000 Fiscal year 2011: Fiscal year 2018: (B) Outlays, $55,487,000,000 (A) New budget authority, $90,007,000,000 (A) New budget authority, $6,065,000,000 Fiscal year 2013: (B) Outlays, $127,810,000,000 (B) Outlays, $5,975,000,000 (A) New budget authority, $57,384,000,000 Fiscal year 2012: Fiscal year 2019: (B) Outlays, $56,932,000,000 (A) New budget authority, $90,588,000,000 (A) New budget authority, $6,085,000,000 Fiscal year 2014: (B) Outlays, $98,331,000,000 (B) Outlays, $5,992,000,000 (A) New budget authority, $58,969,000,000 Fiscal year 2013: (13) INCOME SECURITY (600): (B) Outlays, $58,519,000,000 (A) New budget authority, $91,092,000,000 Fiscal year 2009: Fiscal year 2015: (B) Outlays, $94,666,000,000 (A) New budget authority, $74,067,000,000 (A) New budget authority, $60,971,000,000 Fiscal year 2014: (B) Outlays, $64,056,000,000 (B) Outlays, $59,265,000,000 (A) New budget authority, $91,948,000,000 Fiscal year 2010: Fiscal year 2016: (B) Outlays, $94,142,000,000 (A) New budget authority, $62,365,000,000 (A) New budget authority, $62,494,000,000 Fiscal year 2015: (B) Outlays, $67,580,000,000 (B) Outlays, $61,978,000,000 (A) New budget authority, $93,164,000,000 Fiscal year 2011: Fiscal year 2017: (B) Outlays, $95,075,000,000 (A) New budget authority, $62,275,000,000 (A) New budget authority, $64,367,000,000 Fiscal year 2016: (B) Outlays, $67,880,000,000 (B) Outlays, $63,067,000,000 (A) New budget authority, $94,657,000,000 Fiscal year 2012: Fiscal year 2018: (B) Outlays, $96,402,000,000 (A) New budget authority, $62,540,000,000 (A) New budget authority, $65,404,000,000 Fiscal year 2017: (B) Outlays, $66,271,000,000 (B) Outlays, $65,012,000,000 (A) New budget authority, $96,235,000,000 Fiscal year 2013: Fiscal year 2019: (B) Outlays, $97,938,000,000 (A) New budget authority, $62,803,000,000 (A) New budget authority, $67,415,000,000 Fiscal year 2018: (B) Outlays, $65,341,000,000 (B) Outlays, $65,345,000,000 (A) New budget authority, $97,739,000,000 Fiscal year 2014: (16) ADMINISTRATION OF JUSTICE (750): (B) Outlays, $99,507,000,000 (A) New budget authority, $63,328,000,000 Fiscal year 2009: Fiscal year 2019: (B) Outlays, $64,169,000,000 (A) New budget authority, $54,099,000,000 (A) New budget authority, $99,415,000,000 Fiscal year 2015: (B) Outlays, $48,018,000,000 (B) Outlays, $101,130,000,000 (A) New budget authority, $64,221,000,000 Fiscal year 2010: (11) HEALTH (550): (B) Outlays, $64,804,000,000 (A) New budget authority, $48,763,000,000 (A) New budget authority, $75,483,000,000 Fiscal year 2016: (B) Outlays, $49,470,000,000 (B) Outlays, $57,635,000,000 (A) New budget authority, $65,362,000,000 Fiscal year 2011: Fiscal year 2010: (B) Outlays, $65,660,000,000 (A) New budget authority, $50,595,000,000 (A) New budget authority, $56,948,000,000 Fiscal year 2017: (B) Outlays, $51,525,000,000 (B) Outlays, $64,243,000,000 (A) New budget authority, $66,561,000,000 Fiscal year 2012: Fiscal year 2011: (B) Outlays, $66,690,000,000 (A) New budget authority, $50,506,000,000 (A) New budget authority, $57,413,000,000 Fiscal year 2018: (B) Outlays, $51,416,000,000 (B) Outlays, $62,603,000,000 (A) New budget authority, $67,716,000,000 Fiscal year 2013: Fiscal year 2012: (B) Outlays, $67,735,000,000 (A) New budget authority, $50,389,000,000 (A) New budget authority, $57,881,000,000 Fiscal year 2019: (B) Outlays, $51,428,000,000 (B) Outlays, $59,451,000,000 (A) New budget authority, $68,976,000,000 Fiscal year 2014: Fiscal year 2013: (B) Outlays, $68,840,000,000 (A) New budget authority, $50,263,000,000

VerDate Nov 24 2008 06:02 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.168 S01APPT1 smartinez on PROD1PC64 with SENATE S4216 CONGRESSIONAL RECORD — SENATE April 1, 2009 (B) Outlays, $50,466,000,000 55 or older (other than means testing for committee or committees, aggregates, and Fiscal year 2015: high-income beneficiaries under the Medi- other appropriate levels and limits in this (A) New budget authority, $50,156,000,000 care prescription drug benefit). resolution for one or more bills, joint resolu- (B) Outlays, $49,725,000,000 (b) To make the program sustainable and tions, amendments, motions, or conference Fiscal year 2016: dependable— reports that provide for revenue-neutral in- (A) New budget authority, $50,012,000,000 (1) Those 54 and younger should be able to come (including AMT revenue) and payroll (B) Outlays, $49,250,000,000 enroll in a new Medicare Program with tax reform that makes the tax code fair, Fiscal year 2017: health coverage similar to what is now avail- more pro-growth, easier to administer, im- (A) New budget authority, $50,023,000,000 able to Members of Congress and Federal em- proves compliance and aids U.S. inter- (B) Outlays, $49,366,000,000 ployees; and national competitiveness, by the amounts (2) Starting in 2021, seniors should receive Fiscal year 2018: provided in such legislation for those pur- support payments based on income, so that (A) New budget authority, $50,015,000,000 poses, provided that such legislation would low income seniors receive extra support, (B) Outlays, $49,501,000,000 not increase the deficit over either the pe- Fiscal year 2019: and high income seniors receive support relative to their incomes. riod of the total of fiscal years 2009 through (A) New budget authority, $50,247,000,000 2014 or the period of the total of fiscal years SEC. 203. DEFICIT-NEUTRAL RESERVE FUND FOR (B) Outlays, $46,565,000,000 2009 through 2019. (17) GENERAL GOVERNMENT (800): COMPREHENSIVE HEALTHCARE RE- Fiscal year 2009: FORM. SEC. 207. DEFICIT-NEUTRAL RESERVE FUND FOR The Chairman of the Senate Committee on DEFENSE ACQUISITION AND CON- (A) New budget authority, $24,562,000,000 TRACTING REFORM. (B) Outlays, $18,861,000,000 the Budget may revise the allocations of a committee or committees, aggregates, and The Chairman of the Senate Committee on Fiscal year 2010: the Budget may revise the allocations of a (A) New budget authority, $18,976,000,000 other appropriate levels and limits in this committee or committees, aggregates, and (B) Outlays, $19,896,000,000 resolution for one or more bills, joint resolu- other appropriate levels and limits in this Fiscal year 2011: tions, amendments, motions, or conference resolution for one or more bills, joint resolu- (A) New budget authority, $19,286,000,000 reports that would address health care costs, tions, amendments, motions, or conference (B) Outlays, $20,181,000,000 coverage, and care in the United States in a Fiscal year 2012: manner that reduces the costs of health care, reports that— (A) New budget authority, $19,598,000,000 increases access to health insurance, and im- (1) enhance the capability of the Federal (B) Outlays, $20,541,000,000 proves the transparency of the costs and acquisition or contracting workforce to Fiscal year 2013: quality for medical care, by the amounts achieve better value for taxpayers; (A) New budget authority, $19,915,000,000 provided in such legislation for those pur- (2) reduce the use of no-bid and cost-plus (B) Outlays, $20,781,000,000 poses, provided that such legislation would contracts; or Fiscal year 2014: not increase the deficit over either the pe- (3) reform Department of Defense processes (A) New budget authority, $20,320,000,000 riod of the total of fiscal years 2009 through for acquiring weapons systems in order to re- (B) Outlays, $20,662,000,000 2014 or the period of the total of fiscal years duce costs, improve cost and schedule esti- Fiscal year 2015: 2009 through 2019. The legislation may in- mation, enhance developmental testing of (A) New budget authority, $20,828,000,000 clude tax provisions. weapons, or increase the rigor of reviews of (B) Outlays, $20,951,000,000 SEC. 204. DEFICIT-NEUTRAL RESERVE FUND FOR programs that experience critical cost Fiscal year 2016: AMERICA’S VETERANS AND WOUND- growth; (A) New budget authority, $21,426,000,000 ED SERVICEMEMBERS. by the amounts provided in such legislation (B) Outlays, $21,366,000,000 The Chairman of the Senate Committee on for those purposes, provided that such legis- Fiscal year 2017: the Budget may revise the allocations of a lation would not increase the deficit over ei- (A) New budget authority, $22,039,000,000 committee or committees, aggregates, and ther the period of the total of fiscal years (B) Outlays, $21,854,000,000 other appropriate levels and limits in this 2009 through 2014 or the period of the total of Fiscal year 2018: resolution for one or more bills, joint resolu- fiscal years 2009 through 2019. tions, amendments, motions, or conference (A) New budget authority, $22,668,000,000 SEC. 208. DEFICIT-NEUTRAL RESERVE FUND FOR (B) Outlays, $22,427,000,000 reports that would expand the number of dis- A BIPARTISAN, COMPREHENSIVE IN- Fiscal year 2019: abled military retirees who receive both dis- VESTIGATION INTO THE CURRENT (A) New budget authority, $23,330,000,000 ability compensation and retired pay, accel- FINANCIAL CRISIS. (B) Outlays, $22,873,000,000 erate the phase-in of concurrent receipt, and The Chairman of the Senate Committee on eliminate the offset between Survivor Ben- TITLE II—RESERVE FUNDS the Budget may revise the allocations of a efit Plan annuities and Veteran’s Depend- committee or committees, aggregates, and SEC. 201. DEFICIT-REDUCING RESERVE FUNDS ency and Indemnity Compensation, by the other appropriate levels and limits in this FOR ENTITLEMENT COMMISSIONS— amounts provided in such legislation for resolution for one or more bills, joint resolu- SOCIAL SECURITY AND MEDICARE & those purposes, provided that such legisla- MEDICAID. tions, amendments, motions, or conference tion would not increase the deficit over ei- reports for a select senate committee to (a) The Chairman of the Senate Committee ther the period of the total of fiscal years on the Budget may revise the allocations of carry out a bipartisan, comprehensive inves- 2009 through 2014 or the period of the total of tigation into the underlying causes of the a committee or committees, aggregates, and fiscal years 2009 through 2019. other appropriate levels and limits in this current economic crisis, and recommend SEC. 205. DEFICIT-NEUTRAL RESERVE FUND FOR ways to avoid another crisis, by the amounts resolution for one or more bills, joint resolu- ENERGY SECURITY. tions, amendments, motions, or conference provided in such legislation for those pur- The Chairman of the Senate Committee on poses, provided that such legislation would reports that would provide for a BRAC-like the Budget may revise the allocations of a commission to review the current and long- not increase the deficit over either the pe- committee or committees, aggregates, and riod of the total of fiscal years 2009 through term solvency of Social Security and a other appropriate levels and limits in this BRAC-like commission to review the current 2014 or the period of the total of fiscal years resolution for one or more bills, joint resolu- 2009 through 2019. and long-term solvency of Medicare and tions, amendments, motions, or conference Medicaid, by the amounts provided in such reports that promote energy security activi- TITLE III—BUDGETARY PROCESS legislation for those purposes, provided that ties including, but not limited to, increasing SUBTITLE A—BUDGET ENFORCEMENT such legislation would not increase the def- funding for waste storage alternatives, ad- SEC. 301. DISCRETIONARY SPENDING LIMITS, icit over either the period of the total of fis- vanced technology assessment and deploy- PROGRAM INTEGRITY INITIATIVES, cal years 2009 through 2014 or the period of ment for clean coal and carbon capture and AND OTHER ADJUSTMENTS. the total of fiscal years 2009 through 2019. storage, and clean energy deployment in- (a) SENATE POINT OF ORDER.— (b) These commissions will provide rec- cluding increasing the use of nuclear power (1) IN GENERAL.—Except as otherwise pro- ommendations to reduce mandatory spend- and refurbishing the transmission grid, and vided in this section, it shall not be in order ing by at least four percent over the next allowing loans under the Department of En- in the Senate to consider any bill or joint five years, and seven percent over the next ergy’s Innovative Technology Loan Guar- resolution (or amendment, motion, or con- ten years. antee Program of up to $50,000,000,000 for the ference report on that bill or joint resolu- (c) For the purposes of this Resolution, for purposes of constructing nuclear power gen- tion) that would cause the discretionary individuals 55 or older, Medicare will not be erating units, by the amounts provided in spending limits in this section to be exceed- changed (other than means testing for high- such legislation for those purposes, provided ed. income beneficiaries under the prescription that such legislation would not increase the (2) SUPERMAJORITY WAIVER AND APPEALS.— drug benefit under Part D). deficit over either the period of the total of (A) WAIVER.—This subsection may be SEC. 202. SENSE OF THE SENATE TO PROTECT fiscal years 2009 through 2014 or the period of waived or suspended in the Senate only by SENIORS. the total of fiscal years 2009 through 2019. the affirmative vote of three-fifths of the SENSE OF THE SENATE—It is the sense of SEC. 206. DEFICIT-NEUTRAL RESERVE FUND FOR Members, duly chosen and sworn. the Senate that— TAX CODE MODERNIZATION. (B) APPEALS.—Appeals in the Senate from (a) This budget should preserve existing The Chairman of the Senate Committee on the decisions of the Chair relating to any Medicare benefits for those beneficiaries age the Budget may revise the allocations of a provision of this subsection shall be limited

VerDate Nov 24 2008 06:02 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.173 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4217 to 1 hour, to be equally divided between, and (A) for the defense category $678,149,000,000 sional Budget Office (CBO) re-estimates the controlled by, the appellant and the manager in new budget authority and $671,890,000,000 President’s request for discretionary spend- of the bill or joint resolution. An affirmative in outlays; ing in fiscal year 2010 at an aggregate level vote of three-fifths of the Members of the (B) for the Veterans Affairs (VA) category different from the CBO preliminary estimate Senate, duly chosen and sworn, shall be re- $62,494,000,000 in new budget authority and dated March 20, 2009, the Chairman of the quired to sustain an appeal of the ruling of $61,978,000,000 in outlays; and Senate Committee on the Budget may adjust the Chair on a point of order raised under (C) for the nondefense/non-VA category the discretionary spending limits, budgetary this subsection. $486,111,000,000 in new budget authority and aggregates, and allocations pursuant to sec- (b) SENATE DISCRETIONARY SPENDING LIM- $539,261,000,000 in outlays. tion 302(a) of the Congressional Budget Act ITS.—In the Senate and as used in this sec- (9) with respect to fiscal year 2017— of 1974 by the amount of budget authority tion, the term ‘‘discretionary spending (A) for the defense category $694,153,000,000 and outlays flowing therefrom, to reflect the limit’’ means— in new budget authority and $683,256,000,000 difference between such re-estimate and the (1) with respect to fiscal year 2009— in outlays; CBO preliminary estimate dated March 20, (A) for the defense category $689,926,000,000 (B) for the Veterans Affairs (VA) category 2009. in new budget authority and $666,842,000,000 $64,367,000,000 in new budget authority and (B) SUBALLOCATIONS.—Following any ad- in outlays; $63,067,000,000 in outlays; and justment under subparagraph (A), the Senate (B) for the Veterans Affairs (VA) category (C) for the nondefense/non-VA category Committee on Appropriations may report ap- $49,394,000,000 in new budget authority and $493,916,000,000 in new budget authority and propriately revised suballocations pursuant $46,757,000,000 in outlays; and $545,501,000,000 in outlays. to section 302(b) of the Congressional Budget (10) with respect to fiscal year 2018— (C) for the nondefense/non-VA category Act of 1974 to carry out this paragraph. (A) for the defense category $709,147,000,000 $742,099,000,000 in new budget authority and (d) INAPPLICABILITY.—In the Senate, sub- in new budget authority and $693,789,000,000 $532,373,000,000 in outlays. sections (a), (b), (c), and (d) of section 312 of in outlays; (2) with respect to fiscal year 2010— S. Con. Res. 70 (110th Congress) shall no (B) for the Veterans Affairs (VA) category (A) for the defense category $686,128,000,000 longer apply. $65,404,000,000 in new budget authority and in new budget authority and $689,963,000,000 $65,012,000,000; in outlays; and SEC. 302. POINT OF ORDER AGAINST ADVANCE in outlays, as adjusted in conformance with (C) for the nondefense/non-VA category APPROPRIATIONS. the adjustment procedures in subsection (c); $501,500,000,000 in new budget authority and (a) IN GENERAL.— (B) for the Veterans Affairs (VA) category (1) POINT OF ORDER.—Except as provided in $553,275,000,000 in outlays. $53,263,000,000 in new budget authority and (11) with respect to fiscal year 2019— subsection (b), it shall not be in order in the $52,274,000,000 in outlays; as adjusted in con- (A) for the defense category $726,167,000,000 Senate to consider any bill, joint resolution, formance with the adjustment procedures in in new budget authority and $714,089,000,000 motion, amendment, or conference report subsection (c); and in outlays; that would provide an advance appropria- (C) for the nondefense category (B) for the Veterans Affairs (VA) category tion. $458,515,000,000 in new budget authority and $67,415,000,000 in new budget authority and (2) DEFINITION.—In this section, the term $608,750,000,000 in outlays, as adjusted in con- $65,345,000,000 in outlays; and ‘‘advance appropriation’’ means any new formance with the adjustment procedures in (C) for the nondefense/non-VA category budget authority provided in a bill or joint subsection (c). $509,864,000,000 in new budget authority and resolution making appropriations for fiscal (3) with respect to fiscal year 2011— $558,866,000,000 in outlays. year 2010 that first becomes available for any (A) for the defense category $614,293,000,000 (c) ADJUSTMENTS IN THE SENATE.— fiscal year after 2010, or any new budget au- in new budget authority and $657,207,000,000 (1) IN GENERAL.—After the reporting of a thority provided in a bill or joint resolution in outlays; bill or joint resolution relating to any mat- making general appropriations or continuing (B) for the Veterans Affairs (VA) category ter described in paragraph (2), or the offering appropriations for fiscal year 2011, that first $54,417,000,000 in new budget authority and of an amendment thereto or the submission becomes available for any fiscal year after $53,972,000,000 in outlays; and of a conference report thereon— 2011. (C) for the nondefense/non-VA category (A) the Chairman of the Senate Committee (b) EXCEPTIONS.—Advance appropriations $463,460,000,000 in new budget authority and on the Budget may adjust the discretionary may be provided for fiscal years 2011 and 2012 $596,209,000,000 in outlays. spending limits, budgetary aggregates, and for programs, projects, activities, or ac- (4) with respect to fiscal year 2012— allocations pursuant to section 302(a) of the counts identified in the joint explanatory (A) for the defense category $614,293,000,000 Congressional Budget Act of 1974, by the statement of managers accompanying this in new budget authority and $657,207,000,000 amount of new budget authority in that resolution under the heading ‘‘Accounts in outlays; measure for that purpose and the outlays Identified for Advance Appropriations’’ in an (B) for the Veterans Affairs (VA) category flowing therefrom; and aggregate amount not to exceed $54,417,000,000 in new budget authority and (B) following any adjustment under sub- $28,852,000,000 in new budget authority in $53,972,000,000 in outlays; and paragraph (A), the Senate Committee on Ap- each year. (C) for the nondefense/non-VA category propriations may report appropriately re- (c) SUPERMAJORITY WAIVER AND APPEAL.— $463,460,000,000 in new budget authority and vised suballocations pursuant to section (1) WAIVER.—In the Senate, subsection (a) $596,209,000,000 in outlays. 302(b) of the Congressional Budget Act of 1974 may be waived or suspended only by an af- (5) with respect to fiscal year 2013— to carry out this subsection. firmative vote of three-fifths of the Mem- (A) for the defense category $634,421,000,000 (2) ADJUSTMENTS TO SUPPORT ONGOING bers, duly chosen and sworn. in new budget authority and $636,332,000,000 OVERSEAS CONTINGENCY OPERATIONS.—The (2) APPEAL.—An affirmative vote of three- in outlays; Chairman of the Senate Committee on the fifths of the Members of the Senate, duly (B) for the Veterans Affairs (VA) category Budget may adjust the discretionary spend- chosen and sworn, shall be required to sus- $57,384,000,000 in new budget authority and ing limits, allocations to the Senate Com- tain an appeal of the ruling of the Chair on $56,932,000,000 in outlays; and mittee on Appropriations, and aggregates for a point of order raised under subsection (a). (C) for the nondefense/non-VA category one or more— (d) FORM OF POINT OF ORDER.—A point of $468,849,000,000 in new budget authority and (A) bills reported by the Senate Committee order under subsection (a) may be raised by $544,103,000,000 in outlays. on Appropriations or passed by the House of a Senator as provided in section 313(e) of the (6) with respect to fiscal year 2014— Representatives; Congressional Budget Act of 1974. (A) for the defense category $648,249,000,000 (B) joint resolutions or amendments re- (e) CONFERENCE REPORTS.—When the Sen- in new budget authority and $641,632,000,000 ported by the Senate Committee on Appro- ate is considering a conference report on, or in outlays; priations; an amendment between the Houses in rela- (B) for the Veterans Affairs (VA) category (C) amendments between the Houses re- tion to, a bill, upon a point of order being $58,969,000,000 in new budget authority and ceived from the House of Representatives or made by any Senator pursuant to this sec- $58,515,000,000 in outlays; and Senate amendments offered by the authority tion, and such point of order being sustained, (C) for the nondefense/non-VA category of the Senate Committee on Appropriations; such material contained in such conference $472,964,000,000 in new budget authority and or report shall be deemed stricken, and the Sen- $534,759,000,000 in outlays. (D) conference reports; making appropria- ate shall proceed to consider the question of (7) with respect to fiscal year 2015— tions for fiscal year 2010 for overseas contin- whether the Senate shall recede from its (A) for the defense category $663,159,000,000 gency operations by the amounts provided in amendment and concur with a further in new budget authority and $6653,234,000,000 such legislation for those purposes (and so amendment, or concur in the House amend- in outlays; designated pursuant to this paragraph), up ment with a further amendment, as the case (B) for the Veterans Affairs (VA) category to $130,000,000,000 in budget authority for fis- may be, which further amendment shall con- $60,971,000,000 in new budget authority and cal year 2010 and the new outlays flowing sist of only that portion of the conference re- $59,265,000,000 in outlays; and therefrom. port or House amendment, as the case may (C) for the nondefense/non-VA category (3) REVISED APPROPRIATIONS FOR FISCAL be, not so stricken. Any such motion in the $478,347,000,000 in new budget authority and YEAR 2010.— Senate shall be debatable. In any case in $535,954,000,000 in outlays. (A) IN GENERAL.—If after adoption of this which such point of order is sustained (8) with respect to fiscal year 2016— resolution by the Congress, the Congres- against a conference report (or Senate

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amendment derived from such conference re- (4) FORM OF THE POINT OF ORDER.—A point SUBTITLE B—OTHER PROVISIONS port by operation of this subsection), no fur- of order under paragraph (1) may be raised SEC. 311. OVERSIGHT OF GOVERNMENT PER- ther amendment shall be in order. by a Senator as provided in section 313(e) of FORMANCE. (f) INAPPLICABILITY.—In the Senate, section the Congressional Budget Act of 1974. In the Senate, all committees are directed 313 of S. Con. Res. 70 (110th Congress) shall (5) CONFERENCE REPORTS.—When the Sen- to review programs within their jurisdiction no longer apply. ate is considering a conference report on, or to root out waste, fraud, and abuse in pro- SEC. 303. EMERGENCY LEGISLATION. an amendment between the Houses in rela- gram spending, giving particular scrutiny to (a) AUTHORITY TO DESIGNATE.—In the Sen- tion to, a bill, upon a point of order being issues raised by Government Accountability ate, with respect to a provision of direct made by any Senator pursuant to this sec- Office reports. Based on these oversight ef- spending or receipts legislation or appropriation, and such point of order being sustained, forts and committee performance reviews of tions for discretionary accounts that Con- such material contained in such conference programs within their jurisdiction, commit- gress designates as an emergency require- report shall be deemed stricken, and the Sen- tees are directed to include recommenda- ment in such measure, the amounts of new ate shall proceed to consider the question of tions for improved governmental perform- budget authority, outlays, and receipts in all whether the Senate shall recede from its ance in their annual views and estimates re- fiscal years resulting from that provision amendment and concur with a further ports required under section 301(d) of the shall be treated as an emergency require- amendment, or concur in the House amend- Congressional Budget Act of 1974 to the Com- ment for the purpose of this section. ment with a further amendment, as the case mittees on the Budget. (b) EXEMPTION OF EMERGENCY PROVI- may be, which further amendment shall con- SEC. 312. BUDGETARY TREATMENT OF CERTAIN DISCRETIONARY ADMINISTRATIVE SIONS.—Any new budget authority, outlays, sist of only that portion of the conference re- EXPENSES. and receipts resulting from any provision port or House amendment, as the case may be, not so stricken. Any such motion in the In the Senate, notwithstanding section designated as an emergency requirement, 302(a)(1) of the Congressional Budget Act of pursuant to this section, in any bill, joint Senate shall be debatable. In any case in which such point of order is sustained 1974, section 13301 of the Budget Enforcement resolution, amendment, or conference report Act of 1990, and section 2009a of title 39, shall not count for purposes of sections 302 against a conference report (or Senate amendment derived from such conference re- United States Code, the joint explanatory and 311 of the Congressional Budget Act of statement accompanying the conference report by operation of this subsection), no fur- 1974, section 201 of S. Con. Res. 21 (110th Con- port on any concurrent resolution on the ther amendment shall be in order. gress) (relating to pay-as-you-go), section 311 budget shall include in its allocations under (f) CRITERIA.— of S. Con. Res. 70 (110th Congress) (relating section 302(a) of the Congressional Budget to long-term deficits), and sections 301 and (1) IN GENERAL.—For purposes of this sec- Act of 1974 to the Committees on Appropria- 304 of this resolution (relating to discretion, any provision is an emergency require- tions amounts for the discretionary adminis- tionary spending and short-term deficits). ment if the situation addressed by such pro- trative expenses of the Social Security Ad- Designated emergency provisions shall not vision is— ministration and of the Postal Service. count for the purpose of revising allocations, (A) necessary, essential, or vital (not mere- SEC. 313. APPLICATION AND EFFECT OF aggregates, or other levels pursuant to pro- ly useful or beneficial); CHANGES IN ALLOCATIONS AND AG- cedures established under section 301(b)(7) of (B) sudden, quickly coming into being, and GREGATES. the Congressional Budget Act of 1974 for def- not building up over time; (a) APPLICATION.—Any adjustments of allo- icit-neutral reserve funds and revising dis- (C) an urgent, pressing, and compelling cations and aggregates made pursuant to cretionary spending limits set pursuant to need requiring immediate action; this resolution shall— section 301 of this resolution. (D) subject to subparagraph (B), unfore- (1) apply while that measure is under con- (c) DESIGNATIONS.—If a provision of legisla- seen, unpredictable, and unanticipated; and sideration; (2) take effect upon the enactment of that tion is designated as an emergency require- (E) not permanent, temporary in nature. ment under this section, the committee re- measure; and (2) UNFORESEEN.—An emergency that is (3) be published in the Congressional port and any statement of managers accom- part of an aggregate level of anticipated panying that legislation shall include an ex- Record as soon as practicable. emergencies, particularly when normally es- (b) EFFECT OF CHANGED ALLOCATIONS AND planation of the manner in which the provi- timated in advance, is not unforeseen. sion meets the criteria in subsection (f). AGGREGATES.—Revised allocations and ag- (g) INAPPLICABILITY.—In the Senate, sec- gregates resulting from these adjustments (d) DEFINITIONS.—In this section, the terms tion 204(a) of S. Con. Res. 21 (110th Congress), ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- shall be considered for the purposes of the the concurrent resolution on the budget for priations for discretionary accounts’’ mean Congressional Budget Act of 1974 as alloca- fiscal year 2008, shall no longer apply. tions and aggregates contained in this reso- any provision of a bill, joint resolution, lution. amendment, motion, or conference report SEC. 304. POINT OF ORDER AGAINST LEGISLA- (c) BUDGET COMMITTEE DETERMINATIONS.— that affects direct spending, receipts, or ap- TION INCREASING SHORT-TERM DEFICIT. For purposes of this resolution the levels of propriations as those terms have been de- new budget authority, outlays, direct spend- fined and interpreted for purposes of the Bal- (a) POINT OF ORDER.—It shall not be in order in the Senate to consider any bill, ing, new entitlement authority, revenues, anced Budget and Emergency Deficit Control deficits, and surpluses for a fiscal year or pe- Act of 1985. joint resolution, amendment, motion, or conference report (except measures within the riod of fiscal years shall be determined on (e) POINT OF ORDER.— jurisdiction of the Committee on Appropria- the basis of estimates made by the Senate (1) IN GENERAL.—When the Senate is con- Committee on the Budget. sidering a bill, resolution, amendment, motions) that would cause a net increase in the SEC. 314. ADJUSTMENTS TO REFLECT CHANGES tion, or conference report, if a point of order deficit in excess of $10,000,000,000 in any fiscal year provided for in the most recently adopt- IN CONCEPTS AND DEFINITIONS. is made by a Senator against an emergency Upon the enactment of a bill or joint reso- designation in that measure, that provision ed concurrent resolution on the budget unless it is fully offset over the period of all fis- lution providing for a change in concepts or making such a designation shall be stricken definitions, the Chairman of the Senate from the measure and may not be offered as cal years provided for in the most recently adopted concurrent resolution on the budget. Committee on the Budget may make adjust- an amendment from the floor. ments to the levels and allocations in this (b) SUPERMAJORITY WAIVER AND APPEAL IN (2) SUPERMAJORITY WAIVER AND APPEALS.— resolution in accordance with section 251(b) THE SENATE.— (A) WAIVER.—Paragraph (1) may be waived of the Balanced Budget and Emergency Def- (1) WAIVER.—This section may be waived or or suspended in the Senate only by an af- icit Control Act of 1985 (as in effect prior to suspended only by the affirmative vote of firmative vote of three-fifths of the Mem- September 30, 2002). bers, duly chosen and sworn. three-fifths of the Members, duly chosen and sworn. SEC. 315. EXERCISE OF RULEMAKING POWERS. (B) APPEALS.—Appeals in the Senate from Congress adopts the provisions of this (2) APPEAL.—An affirmative vote of three- the decisions of the Chair relating to any title— provision of this subsection shall be limited fifths of the Members, duly chosen and (1) as an exercise of the rulemaking power to 1 hour, to be equally divided between, and sworn, shall be required to sustain an appeal of the Senate, and as such they shall be con- controlled by, the appellant and the manager of the ruling of the Chair on a point of order sidered as part of the rules of the Senate and of the bill or joint resolution, as the case raised under this section. such rules shall supersede other rules only to may be. An affirmative vote of three-fifths of (c) DETERMINATIONS OF BUDGET LEVELS.— the extent that they are inconsistent with the Members of the Senate, duly chosen and For purposes of this section, the levels shall such other rules; and sworn, shall be required to sustain an appeal be determined on the basis of estimates pro- (2) with full recognition of the constitu- of the ruling of the Chair on a point of order vided by the Senate Committee on the Budg- tional right of the Senate to change those raised under this subsection. et. rules at any time, in the same manner, and (3) DEFINITION OF AN EMERGENCY DESIGNA- (d) SUNSET.—This section shall expire on to the same extent as is the case of any other TION.—For purposes of paragraph (1), a provi- September 30, 2018. rule of the Senate. sion shall be considered an emergency des- (e) INAPPLICABILITY.—In the Senate, sec- SEC. 316. COST ESTIMATES FOR CONFERENCE ignation if it designates any item as an tion 315 of S. Con. Res. 70 (110th Congress), REPORTS AND OTHER MEASURES. emergency requirement pursuant to this sub- the concurrent resolution in the budget for It shall not be in order to consider a con- section. fiscal year 2009, shall no longer apply. ference report, bill, or joint resolution unless

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an estimate of costs has been printed in the (b) SUPERMAJORITY WAIVER AND APPEAL IN On page 54, between lines 21 and 22, insert Congressional Record at least one day before THE SENATE.— the following: its consideration. (1) WAIVER—This section may be waived or (F) BALLISTIC MISSILE DEFENSE.—If a bill or SEC. 317. LIMITATION ON LONG-TERM SPENDING suspended in the Senate only by an affirma- joint resolution is reported making appro- PROPOSALS tive vote of three-fifths of the Members, duly priations for fiscal year 2010 that appro- It shall not be in order to consider any bill chosen and sworn. priates up to $9,446,939,000 to the Department or joint resolution reported from a com- (2) APPEAL.—An affirmative vote of three- of Defense to develop and field an integrated, mittee if such bill or resolution is not ac- fifths of the Members of the Senate, duly layered, ballistic missile defense system to companied by a cost estimate prepared by chosen and sworn, shall be required in the defend the United States, its deployed forces, the Congressional Budget Office on whether Senate to sustain an appeal of the ruling of allies, and friends against all ranges of or not the measure would cause a net in- the Chair on a point of order raised under enemy ballistic missiles in all phases of crease in direct spending in excess of $5 bil- this section. flight, then the discretionary spending lim- lion in any of the four next five-year periods. (c) DETERMINATION OF DEBT LEVELS.—For its, allocations to the Senate Committee on SEC. 318. REVENUES COLLECTED FROM CLOSING purposes of this section, the debt level shall Appropriations, and aggregates may be ad- THE TAX GAP ARE USED ONLY FOR be determined by the Chairman of the Sen- justed by the amount provided in such legis- DEBT REDUCTION. ate Committee on the Budget on the basis of lation for that purpose, but not to exceed (a) SPECIAL SCOREKEEPING RULE IN THE estimates provided by the Congressional $9,446,939,000 in budget authority and outlays SENATE.— Budget Office. flowing therefrom for fiscal year 2010. (1) REPORT TO BUDGET COMMITTEE.—When a SEC. 321. POINT OF ORDER AGAINST A BUDGET bill is cleared for the President, the Congres- RESOLUTION CONTAINING DEFICIT SA 885. Mr. BENNETT (for himself, sional Budget Office (CBO), pursuant to sec- LEVELS EXCEEDING 8% OF GDP. Mr. GRAHAM, Mr. CRAPO, Mr. BINGA- tion 202 of the Congressional Budget Act of (a) IN GENERAL.—It shall not be in order in 1974, and the Joint Committee on Taxation the Senate to consider a concurrent resolu- MAN, and Mr. ALEXANDER) submitted an shall inform the Chairman of the Committee tion on the budget for the budget year or any amendment intended to be proposed by on the Budget if that measure contains pro- amendment, amendment between Houses, him to the concurrent resolution S. visions that increase revenues from closing motion, or conference report thereon that Con. Res. 13, setting forth the congres- the tax gap. The report shall include the contains deficits as a percentage of the Gross sional budget for the United States amount of revenue raised each year includ- Domestic Product in excess of 8% in any Government for fiscal year 2010, revising the current year, the budget year, and year covered by the budget resolution. ing the appropriate budgetary levels for each of the 10 years following the current (b) SUPERMAJORITY WAIVER AND APPEAL IN year. THE SENATE.— for fiscal year 2009, and setting forth (2) EXCLUSION FROM PAY-AS-YOU-GO SCORE- (1) WAIVER.—This section may be waived or the appropriate budgetary levels for CARD.—Any revenue raised from provisions suspended in the Senate only by an affirma- fiscal years 2011 through 2014; which to close the tax gap (as detailed in the report tive vote of three-fifths of the Members, duly was ordered to lie on the table; as fol- described in (a)(1)) shall not count as offsets chosen and sworn. lows: for purposes of section 201 of S. Con. Res. 21, (2) APPEAL.—An affirmative vote of three- At the appropriate place in title II, insert the FY 2008 Budget Resolution. fifths of the Members of the Senate, duly the following: (b) CRITERIA AND DEFINITIONS.— chosen and sworn, shall be required in the (1) The tax gap is the difference between Senate to sustain an appeal of the ruling of SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND the revenue that is owed to the federal gov- the Chair on a point of order raised under FOR PENSION COVERAGE FOR EM- PLOYEES OF DEPARTMENT OF EN- ernment in accordance with existing tax law this section. and the revenue that is collected by the fed- ERGY LABORATORIES AND ENVI- (c) DETERMINATION OF DEFICIT LEVELS.— RONMENTAL CLEANUP SITES. eral government. For purposes of this section, the deficit as a (2) The tax gap is a combination of inad- (a) IN GENERAL.—Subject to subsection (b), percentage of Gross Domestic Product shall the Chairman of the Committee on the Budg- vertent errors and deliberate evasion. be determined by the Chairman of the Sen- (3) Revenues raised from changes to with- et of the Senate may revise the allocations, ate Committee on the Budget on the basis of holding or payment reporting requirements aggregates, and other levels in this resolu- estimates provided by the Congressional are examples of efforts to close the tax gap. tion by the amounts provided by a bill, joint Budget Office. (4) The tax gap is not about clarifying ex- resolution, amendment, motion, or conference report that would authorize funding isting law in order to close loopholes, broad- SA 883. Ms. COLLINS (for herself and ening the tax base, raising tax rates, or any to cover the full cost of pension obligations other action that would change existing tax Mrs. LINCOLN) submitted an amend- for current and past employees of labora- law. ment intended to be proposed by her to tories and environmental cleanup sites under SEC. 319. POINT OF ORDER TO SAVE SOCIAL SE- the concurrent resolution S. Con. Res. the jurisdiction of the Department of Energy CURITY FIRST. 13, setting forth the congressional (including benefits paid to security per- (a) POINT OF ORDER IN THE SENATE.—It budget for the United States Govern- sonnel) in a manner that does not impact the shall not be in order in the Senate to con- ment for fiscal year 2010, revising the missions of those laboratories and environ- sider any direct spending legislation that appropriate budgetary levels for fiscal mental cleanup sites. (b) DEFICIT NEUTRALITY.—Subsection (a) would increase the on-budget deficit above year 2009, and setting forth the appro- the amounts provided for in this resolution applies only if the legislation described in in any fiscal year until the President sub- priate budgetary levels for fiscal years subsection (a) would not increase the deficit mits legislation to Congress and Congress 2011 through 2014; which was ordered to over the period of the total of fiscal years enacts legislation which would restore 75– lie on the table; as follows: 2009 through 2014 or the period of the total of year solvency to the Old-Age, Survivors, and On page 34, line 13, insert ‘‘such as by in- fiscal years 2009 through 2019. Disability Insurance Trust Funds as certified vesting in programs such as the programs by the Social Security Administration actu- under chapters 1 and 2 of subpart 2 of part A SA 886. Ms. KLOBUCHAR submitted aries. of title IV of the Higher Education Act of an amendment intended to be proposed (b) SUPERMAJORITY WAIVER AND APPEAL.— 1965 (20 U.S.C. 1070a–11 et seq., 1070a–21 et by her to the concurrent resolution S. This section may be waived or suspended in seq.),’’ after ‘‘students,’’. Con. Res. 13, setting forth the congres- the Senate only by an affirmative vote of sional budget for the United States three-fifths of the Members, duly chosen and SA 884. Mr. SESSIONS (for himself, Government for fiscal year 2010, revis- sworn. An affirmative vote of three-fifths of Mr. KYL, Ms. MURKOWSKI, and Mr. ing the appropriate budgetary levels the Members of the Senate, duly chosen and INHOFE) submitted an amendment infor fiscal year 2009, and setting forth sworn, shall be required in the Senate to sus- tended to be proposed by him to the tain an appeal of the ruling of the Chair on the appropriate budgetary levels for concurrent resolution S. Con. Res. 13, a point of order raised under this section. fiscal years 2011 through 2014; which setting forth the congressional budget SEC. 320. POINT OF ORDER AGAINST A BUDGET was ordered to lie on the table; as fol- for the United States Government for RESOLUTION CONTAINING A DEBT lows: HELD BY THE PUBLIC-TO-GDP RATIO fiscal year 2010, revising the appro- THAT EXCEEDS 65%. priate budgetary levels for fiscal year On page 46, between lines 2 and 3, insert (a) IN GENERAL.—It shall not be in order in 2009, and setting forth the appropriate the following: the Senate to consider a concurrent resolu- (c) FOOD SAFETY.—The Chairman of the tion on the budget for the budget year or any budgetary levels for fiscal years 2011 Senate Committee on the Budget may revise amendment, amendment between Houses, through 2014; which was ordered to lie the allocations of a committee or commit- motion, or conference report thereon that on the table; as follows: tees, aggregates, and other appropriate lev- contains a ratio of debt held by the public- On page 50, line 13, decrease the amount by els and limits in this resolution for one or to-Gross Domestic Product which exceeds $9,446,939,000. more bills, joint resolutions, amendments, 65% in any year covered by the budget reso- On page 50, line 14, decrease the amount by motions, or conference reports that would lution. $9,446,939,000. improve the safety of the food supply in the

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Ms. KLOBUCHAR submitted service station pump. SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR PROHIBITING UNDESERVED CON- (b) DEFICIT NEUTRALITY.—Subsection (a) an amendment intended to be proposed TRACTING PERFORMANCE BO- by her to the concurrent resolution S. applies only if the legislation described in NUSES. Con. Res. 13, setting forth the congres- subsection (a) would not increase the deficit The Chairman of the Senate Committee on sional budget for the United States over the period of the total of fiscal years the Budget may revise the allocations of a 2009 through 2014 or the period of the total of Government for fiscal year 2010, revis- committee or committees, aggregates, and fiscal years 2009 through 2019. other appropriate levels and limits in this ing the appropriate budgetary levels resolution for one or more bills, joint resolu- for fiscal year 2009, and setting forth SA 890. Mr. BARRASSO submitted an tions, amendments, motions, or conference the appropriate budgetary levels for amendment intended to be proposed by reports that would prohibit federally funded fiscal years 2011 through 2014; which him to the concurrent resolution S. bonuses awarded to contractors and govern- was ordered to lie on the table; as fol- Con. Res. 13, setting forth the congres- ment executives responsible for over budget lows: sional budget for the United States projects and programs that fail to meet basic performance requirements, by the amounts On page 32, line 10, after ‘‘increases;’’ in- Government for fiscal year 2010, revis- provided in that legislation for that purpose, sert ‘‘or’’ and the following: ing the appropriate budgetary levels provided that such legislation would not in- (4) promote payment policies under the for fiscal year 2009, and setting forth crease the deficit over either the period of Medicare program that reward quality and the appropriate budgetary levels for the total of fiscal years 2009 through 2014 or efficient care and address geographic vari- fiscal years 2011 through 2014; which the period of the total of fiscal years 2010 ations in spending; was ordered to lie on the table; as fol- through 2019. lows: SA 888. Mr. BROWN (for himself and SA 893. Mr. COBURN submitted an Mrs. BOXER) submitted an amendment On page 13, line 21, increase the amount by amendment intended to be proposed by intended to be proposed by him to the $50,000,000. him to the concurrent resolution S. concurrent resolution S. Con. Res. 13, On page 13, line 22, increase the amount by $50,000,000. Con. Res. 13, setting forth the congres- setting forth the congressional budget On page 27, line 23, decrease the amount by sional budget for the United States for the United States Government for $50,000,000. Government for fiscal year 2010, revis- fiscal year 2010, revising the appro- On page 27, line 24, decrease the amount by ing the appropriate budgetary levels priate budgetary levels for fiscal year $50,000,000. for fiscal year 2009, and setting forth 2009, and setting forth the appropriate the appropriate budgetary levels for Mr. COBURN submitted an budgetary levels for fiscal years 2011 SA 891. fiscal years 2011 through 2014; which amendment intended to be proposed by through 2014; which was ordered to lie was ordered to lie on the table; as fol- on the table; as follows: him to the concurrent resolution S. lows: Con. Res. 13, setting forth the congres- On page 34, between lines 2 and 3, insert On page 49, between lines 3 and 4, insert the following: sional budget for the United States the following: (c) EXCEPTION.—Notwithstanding sub- Government for fiscal year 2010, revis- SEC. ll. DEFICIT-REDUCTION RESERVE FUND sections (a) and (b), the Chairman of the ing the appropriate budgetary levels TO ENSURE THE PLEDGE OF PRESI- Committee on the Budget of the Senate shall for fiscal year 2009, and setting forth DENT OBAMA TO ELIMINATE WASTE- not revise the allocations in this resolution the appropriate budgetary levels for FUL, INEFFICIENT, AND DUPLICA- if the legislation described in subsection (a) TIVE PROGRAMS. fiscal years 2011 through 2014; which The Chairman of the Senate Committee on or (b) is reported from any committee pursu- was ordered to lie on the table; as fol- ant to section 310 of the Congressional Budg- the Budget may revise the allocations of a et Act of 1974 (2 U.S.C. 641) unless, in accord- lows: committee or committees, aggregates, and ance with the requirement to not increase On page 49, between lines 3 and 4, insert other appropriate levels and limits in this the deficit, an amount equal to the value of the following: resolution for one or more bills, joint resolutions, amendments, motions, or conference all allowances from legislation described in SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO reports that achieves savings by going subsection (b) is used for— DISCLOSE THE ROLE OF CONGRESS through the Federal Budget line by line, as (1) the creation of new jobs in a clean tech- IN AMERICAN INTERNATIONAL GROUP’S BONUSES. President Obama has called for, to eliminate nology economy; The Chairman of the Senate Committee on wasteful, inefficient, and duplicative spend- (2) transition assistance relating to con- the Budget may revise the allocations of a ing by requiring— sumers, industries, workers, and regions ad- committee or committees, aggregates, and (1) the head of every department and agen- versely affected by climate change and cli- other appropriate levels and limits in this cy to provide a report to Congress within 90 mate change policy; and resolution for one or more bills, joint resolu- days after the date of enactment of this reso- (3) other purposes relating directly to the tions, amendments, motions, or conference lution on programs that are duplicative, in- objective of the legislation addressing green- reports that requires that the White House, efficient, or failing, with recommendations house gas emissions. the Federal Reserve Board, the Department for elimination and consolidation of these SA 889. Ms. KLOBUCHAR submitted of the Treasury, and all Senate officers must programs, post on their website all documents and (2) the Office of Management and Budget to an amendment intended to be proposed emails relating to the origin, development provide a report to Congress within 90 days by her to the concurrent resolution S. and inclusion of the questionable American after the date of enactment of this resolu- Con. Res. 13, setting forth the congres- International Group bonus language that tion on programs that are duplicative gov- sional budget for the United States was secretly inserted into the American Re- ernment-wide, with recommendations for Government for fiscal year 2010, revis- covery and Reinvestment Act of 2009 by the elimination or consolidation of these pro- ing the appropriate budgetary levels amounts provided in such legislation for grams, and for fiscal year 2009, and setting forth those purposes, provided that such legisla- (3) every standing committee of the Senate the appropriate budgetary levels for tion would not increase the deficit over ei- to conduct at least one oversight hearing ther the period of the total of fiscal years each fiscal year in order to identify wasteful, fiscal years 2011 through 2014; which 2009 through 2014 or the period of the total of inefficient, outdated, and duplicative pro- was ordered to lie on the table; as fol- fiscal years 2009 through 2019. grams that could be eliminated and consoli- lows: dated, At the appropriate place in title II, insert SA 892. Mr. COBURN submitted an by the amounts provided in such legislation the following: amendment intended to be proposed by for those purposes, provided that such legis- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND him to the concurrent resolution S. lation would not increase the deficit over ei- TO EXPEDITE RESEARCH ON VIABIL- Con. Res. 13, setting forth the congres- ther the period of the total of fiscal years ITY OF USE OF HIGHER ETHANOL 2009 through 2014 or the period of the total of BLENDS AT SERVICE STATION PUMP. sional budget for the United States fiscal years 2009 through 2019. (a) IN GENERAL.—Subject to subsection (b), Government for fiscal year 2010, revis- the Chairman of the Committee on the Budg- ing the appropriate budgetary levels SA 894. Mr. COBURN submitted an et of the Senate may revise the allocations, for fiscal year 2009, and setting forth amendment intended to be proposed by

VerDate Nov 24 2008 07:18 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.141 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4221 him to the concurrent resolution S. SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR On page 5, line 19, increase the amount by Con. Res. 13, setting forth the congres- REQUIRING TRANSPARENCY AND $7,191,721,000. ACCOUNTABILITY OF UNITED NA- sional budget for the United States On page 5, line 20, increase the amount by TIONS SPENDING OF UNITED $16,176,753,000. Government for fiscal year 2010, revis- STATES FUNDS. On page 5, line 21, increase the amount by ing the appropriate budgetary levels The Chairman of the Senate Committee on $26,105,862,000. for fiscal year 2009, and setting forth the Budget may revise the allocations of a On page 5, line 25, increase the amount by the appropriate budgetary levels for committee or committees, aggregates, and $1,828,431,000. fiscal years 2011 through 2014; which other appropriate levels and limits in this On page 6, line 1, increase the amount by resolution for one or more bills, joint resolu- was ordered to lie on the table; as fol- $10,429,578,000. tions, amendments, motions, or conference On page 6, line 2, increase the amount by lows: reports that would require the United Na- $7,191,721,000. On page 49, between lines 3 and 4, insert tions to be transparent and accountable for On page 6, line 3, increase the amount by the following: how it spends United States funding, by the $16,176,753,000. amounts provided in that legislation for that On page 6, line 4, increase the amount by SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR purpose, provided that such legislation $26,105,862,000. SETTING PERFORMANCE STAND- would not increase the deficit over either the On page 26, line 24, increase the amount by ARDS TO IDENTIFY FAILING GOV- period of the total of fiscal years 2009 $13,431,000. ERNMENT PROGRAMS. through 2014 or the period of the total of fis- On page 26, line 25, increase the amount by The Chairman of the Senate Committee on cal years 2010 through 2019. $13,431,000. the Budget may revise the allocations of a On page 27, line 3, increase the amount by committee or committees, aggregates, and SA 897. Mr. CRAPO submitted an $130,147,000. other appropriate levels and limits in this amendment intended to be proposed by On page 27, line 4, increase the amount by resolution for one or more bills, joint resolu- him to the concurrent resolution S. $130,147,000. On page 27, line 7, increase the amount by tions, amendments, motions, or conference Con. Res. 13, setting forth the congres- reports that would develop performance $226,143,000. measures for each program receiving Federal sional budget for the United States On page 27, line 8, increase the amount by assistance under their jurisdiction, by the Government for fiscal year 2010, revis- $226,143,000. amounts provided in that legislation for that ing the appropriate budgetary levels On page 27, line 11, increase the amount by purpose, provided that such legislation for fiscal year 2009, and setting forth $424,032,000. would not increase the deficit over either the the appropriate budgetary levels for On page 27, line 12, increase the amount by period of the total of fiscal years 2009 $424,032,000. fiscal years 2011 through 2014, which On page 27, line 15, increase the amount by through 2014 or the period of the total of fis- was ordered to lie on the table; as fol- cal years 2010 through 2019. $908,109,000. lows: On page 27, line 16, increase the amount by On page 3, line 11, decrease the amount by $908,109,000. SA 895. Mr. COBURN submitted an $1,658,000,000. amendment intended to be proposed by On page 3, line 12, decrease the amount by SA 898. Mr. GRAHAM submitted an him to the concurrent resolution S. $8,604,000,000. amendment intended to be proposed by Con. Res. 13, setting forth the congres- On page 3, line 13, increase the amount by him to the concurrent resolution S. $3,863,000,000. sional budget for the United States Con. Res. 13, setting forth the congres- On page 3, line 14, decrease the amount by sional budget for the United States Government for fiscal year 2010, revis- $8,763,000,000. ing the appropriate budgetary levels On page 3, line 15, decrease the amount by Government for fiscal year 2010, revis- for fiscal year 2009, and setting forth $9,448,000,000. ing the appropriate budgetary levels the appropriate budgetary levels for On page 4, line 5, decrease the amount by for fiscal year 2009, and setting forth fiscal years 2011 through 2014; which $1,658,000,000. the appropriate budgetary levels for was ordered to lie on the table; as fol- On page 4, line 6, decrease the amount by fiscal years 2011 through 2014; which $8,604,000,000. lows: was ordered to lie on the table; as fol- On page 4, line 7, increase the amount by lows: $3,863,000,000. On page 49, between lines 3 and 4, insert On page 68, after line 4, insert the fol- the following: On page 4, line 8, decrease the amount by $8,763,000,000. lowing: SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR On page 4, line 9, decrease the amount by SEC. ll. POINT OF ORDER TO PROTECT SOCIAL ENDING ABUSIVE NO-BID CON- $9,448,000,000. SECURITY. TRACTS. On page 4, line 14, increase the amount by (a) POINT OF ORDER IN THE SENATE.—It The Chairman of the Senate Committee on $13,431,000. shall not be in order in the Senate to con- the Budget may revise the allocations of a On page 4, line 15, increase the amount by sider any direct spending legislation in any committee or committees, aggregates, and $130,147,000. fiscal year unless the Office of the Chief Ac- other appropriate levels and limits in this On page 4, line 16, increase the amount by tuary of the Social Security Administration resolution for one or more bills, joint resolu- $226,143,000. has certified that income, excluding interest, tions, amendments, motions, or conference On page 4, line 17, increase the amount by into the Old-Age, Survivors, and Disability reports that would end abusive no-bid con- $424,032,000. Insurance Trust Funds is projected to exceed tracts by requiring all Federal contracts On page 4, line 18, increase the amount by outlays by at least $5,000,000,000 in all fiscal over $25,000 to be competitively bid, by the $908,109,000. years provided for in the most recently amounts provided in that legislation for that On page 4, line 23, increase the amount by adopted concurrent resolution on the budget. purpose, provided that such legislation $13,431,000. (b) SUSPENSION OF REQUIREMENT DURING would not increase the deficit over either the On page 4, line 24, increase the amount by WAR OR AFTER ENACTMENT OF LEGISLATION period of the total of fiscal years 2009 $130,147,000. TO RESTORE SOLVENCY.— through 2014 or the period of the total of fis- On page 4, line 25, increase the amount by (1) LEGISLATION TO RESTORE SUSTAINABLE cal years 2010 through 2019. $226,143,000. SOLVENCY.—If the President submits legisla- On page 5, line 1, increase the amount by tion to Congress and Congress enacts legisla- $424,032,000. tion which would restore sustainable sol- SA 896. Mr. COBURN submitted an On page 5, line 2, increase the amount by vency to the Old-Age, Survivors, and Dis- amendment intended to be proposed by $908,109,000. ability Insurance Trust Funds as certified by him to the concurrent resolution S. On page 5, line 7, increase the amount by the Office of the Chief Actuary of the Social Con. Res. 13, setting forth the congres- $1,828,431,000. Security Administration, this section is sus- sional budget for the United States On page 5, line 8, increase the amount by pended. $8,601,147,000. (2) WAR.—If a declaration of war is in ef- Government for fiscal year 2010, revis- On page 5, line 9, decrease the amount by fect, this section is suspended. ing the appropriate budgetary levels $3,237,857,000. (3) DEFINITION.—In this subsection, the for fiscal year 2009, and setting forth On page 5, line 10, increase the amount by term ‘‘sustainable solvency’’ means that the the appropriate budgetary levels for $8,985,032,000. Old-Age, Survivors, and Disability Insurance fiscal years 2011 through 2014; which On page 5, line 11, increase the amount by Trust Funds have a positive trust fund ratio was ordered to lie on the table; as fol- $9,929,109,000. throughout the 75-year projection period and lows: On page 5, line 17, increase the amount by the ratio is stable or rising at the end of the $1,828,431,000. period. On page 49, between lines 3 and 4, insert On page 5, line 18, increase the amount by (c) SUPERMAJORITY WAIVER AND APPEAL.— the following: $10,429,578,000. This section may be waived or suspended in

VerDate Nov 24 2008 05:20 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.140 S01APPT1 smartinez on PROD1PC64 with SENATE S4222 CONGRESSIONAL RECORD — SENATE April 1, 2009 the Senate only by an affirmative vote of mission Act of 1998 (42 U.S.C. 3121 note; 112 intended to be proposed by her to the three-fifths of the Members, duly chosen and Stat. 2681–637) for each applicable fiscal year concurrent resolution S. Con. Res. 13, sworn. An affirmative vote of three-fifths of at a level equal to not less than the level of setting forth the congressional budget funding made available for the Denali Com- the Members of the Senate, duly chosen and for the United States Government for sworn, shall be required in the Senate to sus- mission during fiscal year 2006. tain an appeal of the ruling of the Chair on fiscal year 2010, revising the appro- a point of order raised under this section. SA 902. Mr. BEGICH submitted an priate budgetary levels for fiscal year amendment intended to be proposed by 2009, and setting forth the appropriate SA 899. Mrs. LINCOLN (for herself, him to the concurrent resolution S. budgetary levels for fiscal years 2011 Ms. SNOWE, and Mr. LIEBERMAN) sub- Con. Res. 13, setting forth the congres- through 2014; which was ordered to lie mitted an amendment intended to be sional budget for the United States on the table; as follows: proposed by her to the concurrent reso- Government for fiscal year 2010, revis- On page 43, after line 25, add the following: lution S. Con. Res. 13, setting forth the ing the appropriate budgetary levels (4) improve the HUBZone program estab- congressional budget for the United for fiscal year 2009, and setting forth lished under section 31 of the Small Business States Government for fiscal year 2010, the appropriate budgetary levels for Act (15 U.S.C. 657a) in a manner consistent revising the appropriate budgetary lev- fiscal years 2011 through 2014; which with the recommendations of the Govern- was ordered to lie on the table; as fol- ment Accountability Office in the reports els for fiscal year 2009, and setting entitled ‘‘Small Business Administration: forth the appropriate budgetary levels lows: Additional Actions Are Needed to Certify for fiscal years 2011 through 2014; which On page 13, line 21, increase the amount by and Monitor HUBZone Businesses and Assess was ordered to lie on the table; as fol- $10,000,000. Program Results’’ (GAO–08–643), issued June On page 13, line 22, increase the amount by 2008, ‘‘HUBZone Program: SBA’s Control lows: $9,000,000. Weaknesses Exposed the Government to At the appropriate place, insert the fol- On page 14, line 1, increase the amount by lowing: $1,000,000. Fraud and Abuse’’ (GAO–08–964T), issued SEC. ll. DEFICIT-NEUTRAL RESERVE FUND TO On page 27, line 23, decrease the amount by July 17, 2008, and ‘‘HUBZone Program: Fraud PROMOTE INDIVIDUAL SAVINGS AND $10,000,000. and Abuse Identified in Four Metropolitan FINANCIAL SECURITY. On page 27, line 24, decrease the amount by Areas’’ (GAO–09–519T), issued March 25, 2009; The chairman of the Committee on the $9,000,000. Budget of the Senate may revise the aggre- On page 28, line 3, decrease the amount by SA 906. Ms. MURKOWSKI (for herself gates, allocations, and other appropriate lev- $1,000,000. and Mr. ALEXANDER) submitted an els in this resolution for one or more bills, amendment intended to be proposed by joint resolutions, amendments, motions, or SA 903. Mr. BEGICH submitted an her to the concurrent resolution S. conference reports that promote financial se- amendment intended to be proposed by Con. Res. 13, setting forth the congres- curity through financial literacy, retirement him to the concurrent resolution S. sional budget for the United States planning, and savings incentives, including Con. Res. 13, setting forth the congres- Government for fiscal year 2010, revis- individual development accounts and child sional budget for the United States savings accounts, provided that such legisla- ing the appropriate budgetary levels Government for fiscal year 2010, revis- for fiscal year 2009, and setting forth tion does not increase the deficit over either ing the appropriate budgetary levels the period of the total fiscal years 2009 the appropriate budgetary levels for through 2014 or the period of the total fiscal for fiscal year 2009, and setting forth fiscal years 2011 through 2014; which years 2009 through 2019. the appropriate budgetary levels for was ordered to lie on the table; as fol- fiscal years 2011 through 2014; which lows: SA 900. Mr. BEGICH submitted an was ordered to lie on the table; as fol- At the appropriate place in title II, insert amendment intended to be proposed by lows: the following: him to the concurrent resolution S. On page 33, line 5, before ‘‘implement’’, in- SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND Con. Res. 13, setting forth the congres- sert ‘‘set aside additional funding from the FOR CERTAIN OIL AND NATURAL sional budget for the United States Oil Spill Liability Trust Fund for arctic oil GAS LEASING ACTIVITIES. Government for fiscal year 2010, revis- spill research conducted by the Oil Spill Re- (a) IN GENERAL.—Subject to subsection (b), covery Institute,’’. ing the appropriate budgetary levels the Chairman of the Committee on the Budg- et of the Senate may revise the allocations, for fiscal year 2009, and setting forth SA 904. Mr. LIEBERMAN (for himself aggregates, and other levels in this resolu- the appropriate budgetary levels for and Mr. CORNYN) submitted an amend- tion by the amounts provided by a bill, joint fiscal years 2011 through 2014; which ment intended to be proposed by him resolution, amendment, motion, or con- was ordered to lie on the table; as fol- to the concurrent resolution S. Con. ference report that would— lows: Res. 13, setting forth the congressional (1) allow any coastal State (as defined in On page 33, line 6, insert ‘‘include the State budget for the United States Govern- section 304 of the Coastal Zone Management of Alaska as a Gulf producing State eligible ment for fiscal year 2010, revising the Act of 1972 (16 U.S.C. 1453)) to participate in the oil and natural gas leasing program for qualified outer Continental Shelf reve- appropriate budgetary levels for fiscal nues under the Gulf of Mexico Energy Secu- under the Outer Continental Shelf Lands Act year 2009, and setting forth the appro- (43 U.S.C. 1331 et seq.); and rity Act of 2006 (43 U.S.C. 1331 note; Public priate budgetary levels for fiscal years Law 109–432),’’ before ‘‘or preserve’’. (2) provide that any revenues from leases 2011 through 2014; which was ordered to granted under paragraph (1) shall be allo- SA 901. Mr. BEGICH submitted an lie on the table; as follows: cated in accordance with section 105 of the amendment intended to be proposed by At the end of title II, insert the following: Gulf of Mexico Energy Security Act of 2006 him to the concurrent resolution S. SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR (43 U.S.C. 1331 note; Public Law 109–432), in- INCREASE IN THE END STRENGTH cluding the provisions of that Act providing Con. Res. 13, setting forth the congres- FOR ACTIVE DUTY PERSONNEL OF for the disposition of revenues in the general sional budget for the United States THE ARMY. fund of the Treasury and the allocation of Government for fiscal year 2010, revis- The Chairman of the Senate Committee on funds to carry out the Land and Water Con- ing the appropriate budgetary levels the Budget may revise the allocations of a servation Fund Act of 1965 (16 U.S.C. 460l-4 et for fiscal year 2009, and setting forth committee or committees, aggregates, and seq.). the appropriate budgetary levels for other levels and limits in this resolution for (b) DEFICIT NEUTRALITY.—Subsection (a) one or more bills, joint resolutions, amend- fiscal years 2011 through 2014; which applies only if the legislation described in ments, motions, or conference reports that subsection (a) would not increase the deficit was ordered to lie on the table; as fol- would reduce the strain on the United States over the period of the total of fiscal years lows: Armed Forces by authorizing an increase in 2009 through 2014 or the period of the total of On page 35, strike line 11 and insert the fol- the end strength for active duty personnel of fiscal years 2009 through 2019. lowing: the Army to a level not less than 577,400 per- (a) INFRASTRUCTURE.— sons, by the amounts provided in such legis- SA 907. Ms. MURKOWSKI (for herself (1) IN GENERAL.—The Chairman of the Sen- lation for such purpose, provided that such and Mr. BARRASSO) submitted an ate legislation would not increase the deficit amendment intended to be proposed by On page 35, between lines 23 and 24, insert over either the period of the total of fiscal her to the concurrent resolution S. the following: years 2009 through 2014 or the period of the The Chairman of the Budget Committee total of fiscal years 2009 through 2019. Con. Res. 13, setting forth the congres- may also revise the allocations to allow sional budget for the United States funding for the Denali Commission estab- SA 905. Ms. SNOWE (for herself and Government for fiscal year 2010, revis- lished by section 303(a) of the Denali Com- Mr. CARDIN) submitted an amendment ing the appropriate budgetary levels

VerDate Nov 24 2008 05:20 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.144 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4223 for fiscal year 2009, and setting forth the appropriate budgetary levels for him to the concurrent resolution S. the appropriate budgetary levels for fiscal years 2011 through 2014; which Con. Res. 13, setting forth the congres- fiscal years 2011 through 2014; which was ordered to lie on the table; as fol- sional budget for the United States was ordered to lie on the table; as follows: Government for fiscal year 2010, revis- lows: On page 68, after line 4, insert the fol- ing the appropriate budgetary levels At the appropriate place in title II, insert lowing: for fiscal year 2009, and setting forth the following: SEC. ll. POINT OF ORDER AGAINST BUDGET the appropriate budgetary levels for RESOLUTIONS THAT DOUBLE THE SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND fiscal years 2011 through 2014; as fol- DEBT HELD BY THE PUBLIC. TO IMPROVE DOMESTIC ENERGY SE- lows: CURITY BY PERMITTING ENVIRON- (a) POINT OF ORDER.—It shall not be in MENTALLY SUSTAINABLE SUB- order in the Senate to consider a concurrent On page 33, line 6, before ‘‘or preserve’’, in- SURFACE DEVELOPMENT AND PRO- resolution on the budget for the budget year sert ‘‘rebuild United States fish stocks, pro- DUCTION IN THE ARCTIC NATIONAL or any amendment, amendment between mote fisheries bycatch monitoring, conduct WILDLIFE REFUGE. Houses, motion, or conference report thereon fisheries habitats assessments,’’. (a) IN GENERAL.—Subject to subsection (b), that doubles or more than doubles the debt the Chairman of the Committee on the Budg- held by the public for the budget year and SA 912. Mr. BEGICH submitted an et of the Senate may revise the allocations, any subsequent fiscal year covered by the amendment intended to be proposed by aggregates, and other levels in this resolu- resolution compared to the current year cov- him to the concurrent resolution S. tion by the amounts provided by a bill, joint ered by the resolution. Con. Res. 13, setting forth the congres- resolution, amendment, motion, or con- (b) SUSPENSION OF REQUIREMENT DURING sional budget for the United States ference report that would authorize legisla- WAR.—If a declaration of war is in effect, tion that would permit the exploration, leas- this section is suspended. Government for fiscal year 2010, revising, and development and production with- (c) SUPERMAJORITY WAIVER AND APPEALS.— ing the appropriate budgetary levels out surface occupancy of oil and gas in and (1) WAIVER.—Subsection (a) may be waived for fiscal year 2009, and setting forth from the western portion of the Coastal or suspended in the Senate only by an af- the appropriate budgetary levels for Plain of the State of Alaska. firmative vote of three-fifths of the Mem- fiscal years 2011 through 2014; as fol- (b) DEFICIT NEUTRALITY.—Subsection (a) bers, duly chosen and sworn. lows: applies only if the legislation described in (2) APPEALS.—An affirmative vote of three- On page 41, line 24, insert after ‘‘Indemnity subsection (a) would not increase the deficit fifths of the Members of the Senate, duly Compensation,’’ the following: ‘‘provide for over the period of the total of fiscal years chosen and sworn, shall be required to sus- the payment of retired pay for members of 2009 through 2014 or the period of the total of tain an appeal of the ruling of the Chair on the Alaska Territorial Guard who served in fiscal years 2009 through 2019. a point of order raised under this subsection. (d) BUDGET YEAR.—In this section, the the Alaska Territorial Guard during and SA 908. Ms. MURKOWSKI submitted term ‘‘budget year’’ shall have the same after World War II,’’. an amendment intended to be proposed meaning as in section 250(c)(12) of the Bal- anced Budget and Emergency Deficit Control SA 913. Mr. DODD (for himself and by her to the concurrent resolution S. Act of 1985. Mr. SHELBY) submitted an amendment Con. Res. 13, setting forth the congres- intended to be proposed by him to the sional budget for the United States SA 910. Mr. GRAHAM submitted an concurrent resolution S. Con. Res. 13, Government for fiscal year 2010, revis- amendment intended to be proposed by setting forth the congressional budget ing the appropriate budgetary levels him to the concurrent resolution S. for the United States Government for for fiscal year 2009, and setting forth Con. Res. 13, setting forth the congres- fiscal year 2010, revising the appro- the appropriate budgetary levels for sional budget for the United States priate budgetary levels for fiscal year fiscal years 2011 through 2014; which Government for fiscal year 2010, revis- 2009, and setting forth the appropriate was ordered to lie on the table; as fol- ing the appropriate budgetary levels budgetary levels for fiscal years 2011 lows: for fiscal year 2009, and setting forth through 2014; as follows: At the appropriate place in title II, insert the appropriate budgetary levels for fiscal years 2011 through 2014; which On page 48, line 21, strike ‘‘banks’’ and all the following: that follows through ‘‘purposes,’’ on line 25 SEC. 2lll. DEFICIT-NEUTRAL RESERVE FUND was ordered to lie on the table; as fol- and insert the following ‘‘banks, to include TO AUTHORIZE THE EXPLORATION lows: (1) an evaluation of the appropriate number AND DEVELOPMENT OF ENERGY RE- On page 68, after line 4, insert the fol- SOURCES OF THE OUTER CONTI- and the associated costs of Federal reserve NENTAL SHELF AND OTHER PUBLIC lowing: banks; (2) publication on its website, with re- LAND. SEC.ll. POINT OF ORDER AGAINST LEGISLA- spect to all lending and financial assistance (a) IN GENERAL.—Subject to subsection (b), TION THAT IMPOSES A NATIONAL facilities created by the Board to address the the Chairman of the Committee on the Budg- ENERGY TAX ON MIDDLE-INCOME financial crisis, of (A) the nature and TAXPAYERS. et of the Senate may revise the allocations, amounts of the collateral that the central (a) IN GENERAL.—After a concurrent reso- bank is accepting on behalf of American tax- aggregates, and other levels in this resolu- lution on the budget is agreed to, it shall not payers in the various lending programs, on tion by the amounts provided by a bill, joint be in order in the Senate to consider any no less than a monthly basis; (B) the extent resolution, amendment, motion, or con- bill, resolution, amendment between Houses, to which changes in valuation of credit ex- ference report that would authorize the es- motion, or conference report that includes a tensions to various special purpose vehicles, tablishment, assessment, and collection of National energy tax increase which would such as Maiden Lane I, Maiden Lane II, and reasonable fees by the National Marine Fish- have widespread applicability on middle-in- Maiden Lane III, are a result of losses on col- eries Service, and the acceptance of land, come taxpayers. lateral which will not be recovered; (C) the buildings, equipment, and other contribu- (b) DEFINITIONS.—In this subsection: tions (including funding) from public and (1) MIDDLE INCOME TAXPAYERS.—The term number of borrowers that participate in each private sources, to conduct work associated ‘‘middle-income’’ taxpayers means single in- of the lending programs and details of the with the support of the orderly exploration dividuals with $200,000 or less in adjusted credit extended, including the extent to and development of energy resources of the gross income (as defined in section 62 of the which the credit is concentrated in one or outer Continental Shelf and other public Internal Revenue Code of 1986) and married more institutions; and (D) information on land. couples filing jointly with $250,000 or less in the extent to which the central bank is con- (b) DEFICIT NEUTRALITY.—Subsection (a) adjusted gross income (as so defined). tracting for services of private sector firms applies only if the legislation described in (2) WIDESPREAD APPLICABILITY.—The term for the design, pricing, management, and ac- subsection (a) would not increase the deficit ‘‘widespread applicability’’ includes the defi- counting for the various lending programs over the period of the total of fiscal years nition with respect to individual income tax- and the terms and nature of such contracts 2009 through 2014 or the period of the total of payers in section 4022(b)(1) of the Internal and bidding processes,’’. fiscal years 2009 through 2019. Revenue Service Restructuring and Reform Act of 1998. SA 914. Mr. KERRY submitted an SA 909. Mr. CORNYN submitted an (3) NATIONAL ENERGY TAX INCREASE.—The amendment intended to be proposed by amendment intended to be proposed by term ‘‘National energy tax increase’’ means him to the concurrent resolution S. him to the concurrent resolution S. any legislation that the Congressional Budg- Con. Res. 13, setting forth the congres- Con. Res. 13, setting forth the congres- et Office would score as leading to an in- sional budget for the United States crease in the costs of producing, generating sional budget for the United States or consuming energy. Government for fiscal year 2010, revis- Government for fiscal year 2010, revising the appropriate budgetary levels ing the appropriate budgetary levels SA 911. Mr. BEGICH submitted an for fiscal year 2009, and setting forth for fiscal year 2009, and setting forth amendment intended to be proposed by the appropriate budgetary levels for

VerDate Nov 24 2008 05:20 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.149 S01APPT1 smartinez on PROD1PC64 with SENATE S4224 CONGRESSIONAL RECORD — SENATE April 1, 2009 fiscal years 2011 through 2014; which sional budget for the United States On page 4, line 14, decrease the amount by was ordered to lie on the table; as fol- Government for fiscal year 2010, revis- $14,067,000,000. lows: ing the appropriate budgetary levels On page 4, line 15, decrease the amount by $10,303,000,000. At the end of title II, add the following: for fiscal year 2009, and setting forth On page 4, line 16, decrease the amount by SEC. 2ll. DEFICIT-NEUTRAL RESERVE FUND TO the appropriate budgetary levels for $12,750,000,000. MEET INTERNATIONAL CLIMATE fiscal years 2011 through 2014; as fol- On page 4, line 17, decrease the amount by CHANGE COMMITMENTS. lows: $11,383,000,000. (a) IN GENERAL.—Subject to subsection (b), On page 43, after line 24, add the following: On page 4, line 18, decrease the amount by the Chairman of the Committee on the Budg- (4) reduce the award of contracts to con- $8,049,000,000. et of the Senate may revise the allocations, tractors with seriously delinquent tax debts; On page 4, line 23, decrease the amount by aggregates, and other levels in this resolu- (5) reduce the use of contracts, including $9,067,000,000. tion by the amounts provided by a bill, joint the continuation of task orders, awarded On page 4, line 24, decrease the amount by resolution, amendment, motion, or con- under the Logistics Civil Augmentation Pro- $12,303,000,000. ference report to meet any future commit- gram (LOGCAP) III; On page 4, line 25, decrease the amount by ments of the United States for financial and (6) reform Department of Defense processes $11,750,000,000. technological assistance to developing coun- for acquiring services in order to reduce On page 5, line 1, decrease the amount by tries under the United Nations Framework costs, improve costs and schedule esti- $11,383,000,000. Convention on Climate Change, done at New mation, enhance oversight, or increase the On page 5, line 2, decrease the amount by York on May 9, 1992. rigor of reviews of programs that experience $9,049,000,000. (b) DEFICIT NEUTRALITY.—Subsection (a) critical cost growth; On page 5, line 7, decrease the amount by applies only if the legislation described in (7) reduce the use of contracts for acquisi- $9,067,000,000. subsection (a) would not increase the deficit tion, oversight, and management support On page 5, line 8, decrease the amount by over the period of the total of fiscal years services; or $12,303,000,000. 2009 through 2014 or the period of the total of (8) enhance the capability of auditors and On page 5, line 9, decrease the amount by fiscal years 2009 through 2019. inspectors general to oversee Federal acqui- $11,750,000,000. sition and procurement; On page 5, line 10, decrease the amount by SA 915. Mr. TESTER submitted an $11,383,000,000. amendment intended to be proposed by SA 918. Mr. CORNYN submitted an On page 5, line 11, decrease the amount by him to the concurrent resolution S. amendment intended to be proposed by $9,049,000,000. Con. Res. 13, setting forth the congres- him to the concurrent resolution S. On page 5, line 17, decrease the amount by sional budget for the United States $9,067,000,000. Con. Res. 13, setting forth the congres- On page 5, line 18, decrease the amount by Government for fiscal year 2010, revis- sional budget for the United States $21,370,000,000. ing the appropriate budgetary levels Government for fiscal year 2010, revis- On page 5, line 19, decrease the amount by for fiscal year 2009, and setting forth ing the appropriate budgetary levels $33,120,000,000. the appropriate budgetary levels for for fiscal year 2009, and setting forth On page 5, line 20, decrease the amount by fiscal years 2011 through 2014; which the appropriate budgetary levels for $44,503,000,000. was ordered to lie on the table; as fol- fiscal years 2011 through 2014; as fol- On page 5, line 21, decrease the amount by lows: $55,552,000,000. lows: On page 5, line 25, decrease the amount by On page 13, line 21, increase the amount by On page 4, line 14, decrease the amount by $9,067,000,000. $528,000,000. $1,000,000. On page 6, line 1, decrease the amount by On page 13, line 22, increase the amount by On page 4, line 23, decrease the amount by $21,370,000,000. $317,000,000. $1,000,000. On page 6, line 2, decrease the amount by On page 14, line 1, increase the amount by On page 5, line 7, decrease the amount by $33,120,000,000. $132,000,000. $1,000,000. On page 6, line 3, decrease the amount by On page 14, line 5, increase the amount by On page 5, line 17, decrease the amount by $44,503,000,000. $79,000,000. $1,000,000. On page 6, line 4, decrease the amount by On page 27, line 23, decrease the amount by On page 5, line 18, decrease the amount by $55,552,000,000. $528,000,000. $1,000,000. On page 26, line 24, decrease the amount by On page 27, line 24, decrease the amount by On page 5, line 19, decrease the amount by $67,000,000. $317,000,000. $1,000,000. On page 26, line 25, decrease the amount by On page 28, line 3, decrease the amount by On page 5, line 20, decrease the amount by $67,000,000. $132,000,000. $1,000,000. On page 27, line 3, decrease the amount by On page 28, line 7, decrease the amount by On page 5, line 21, decrease the amount by $303,000,000. $79,000,000. $1,000,000. On page 5, line 25, decrease the amount by On page 27, line 4, decrease the amount by $303,000,000. SA 916. Mr. TESTER (for himself, $1,000,000. On page 6, line 1, decrease the amount by On page 27, line 7, decrease the amount by Mrs. LINCOLN, Mr. BROWN, Mr. BAUCUS, $1,000,000. $750,000,000. Mr. SANDERS, Mr. WEBB, Mrs. On page 6, line 2, decrease the amount by On page 27, line 8, decrease the amount by MCCASKILL, and Ms. SNOWE) submitted $1,000,000. $750,000,000. an amendment intended to be proposed On page 6, line 3, decrease the amount by On page 27, line 11, decrease the amount by by him to the concurrent resolution S. $1,000,000. $1,383,000,000. Con. Res. 13, setting forth the congres- On page 6, line 4, decrease the amount by On page 27, line 12, decrease the amount by $1,000,000. sional budget for the United States $1,383,000,000. On page 25, line 24, decrease the amount by On page 27, line 15, decrease the amount by Government for fiscal year 2010, revis- $1,000,000. $2,049,000,000. ing the appropriate budgetary levels On page 25, line 25, decrease the amount by On page 27, line 16, decrease the amount by for fiscal year 2009, and setting forth $1,000,000. $2,049,000,000. the appropriate budgetary levels for On page 50, line 13, decrease the amount by On page 27, line 23, decrease the amount by fiscal years 2011 through 2014; which $1,000,000. $14,000,000,000. On page 50, line 14, decrease the amount by On page 27, line 24, decrease the amount by was ordered to lie on the table; as fol- $1,000,000. lows: $9,000,000,000. On page 28, line 2, decrease the amount by On page 23, line 24, increase the amount by SA 919. Mr. CORNYN submitted an $10,000,000,000. $133,000,000. amendment intended to be proposed by On page 28, line 3, decrease the amount by On page 23, line 25, increase the amount by him to the concurrent resolution S. $12,000,000,000. $133,000,000. Con. Res. 13, setting forth the congres- On page 28, line 6, decrease the amount by On page 27, line 23, decrease the amount by sional budget for the United States $12,000,000,000. $133,000,000. On page 28, line 7, decrease the amount by On page 27, line 24, decrease the amount by Government for fiscal year 2010, revis- $11,000,000,000. $133,000,000. ing the appropriate budgetary levels for fiscal year 2009, and setting forth On page 28, line 10, decrease the amount by $10,000,000,000. SA 917. Mrs. MCCASKILL submitted the appropriate budgetary levels for On page 28, line 11, decrease the amount by an amendment intended to be proposed fiscal years 2011 through 2014; which $10,000,000,000. by her to the concurrent resolution S. was ordered to lie on the table; as fol- On page 28, line 14, decrease the amount by Con. Res. 13, setting forth the congres- lows: $6,000,000,000.

VerDate Nov 24 2008 05:20 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.145 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4225 On page 28, line 15, decrease the amount by tion and Services Act, and other related pro- was ordered to lie on the table; as fol- $7,000,000,000. grams, by the amounts provided in such leg- lows: On page 50, line 13, decrease the amount by islation for those purposes, provided that On page 31, line 3, strike ‘‘or’’. $14,000,000,000. such legislation would not increase the deficit over either the period of the total of fis- On page 31, between lines 7 and 8, insert On page 50, line 14, decrease the amount by cal years 2009 through 2014 or the period of the following: $9,000,000,000. the total of fiscal years 2009 through 2019. ‘‘(9) does so without creating a new government operated health insurance plan; and SA 920. Mr. MENENDEZ (for himself SA 9222. Mr. HATCH submitted an and Mr. CARPER) submitted an amend- ‘‘(10) does so through regular order, with- amendment intended to be proposed by out the use of reconciliation.’’. ment intended to be proposed by him him to the concurrent resolution S. to the concurrent resolution S. Con. Con. Res. 13, setting forth the congres- SA 925. Mr. HATCH submitted an Res. 13, setting forth the congressional sional budget for the United States budget for the United States Govern- amendment intended to be proposed by Government for fiscal year 2010, revis- him to the concurrent resolution S. ment for fiscal year 2010, revising the ing the appropriate budgetary levels appropriate budgetary levels for fiscal Con. Res. 13, setting forth the congres- for fiscal year 2009, and setting forth sional budget for the United States year 2009, and setting forth the appro- the appropriate budgetary levels for priate budgetary levels for fiscal years Government for fiscal year 2010, revis- fiscal years 2011 through 2014; which ing the appropriate budgetary levels 2011 through 2014; which was ordered to was ordered to lie on the table; as fol- for fiscal year 2009, and setting forth lie on the table; as follows: lows: On page 73, after line 6, add the following: the appropriate budgetary levels for At the appropriate place, insert the fol- fiscal years 2011 through 2014; which SEC. 317. SENSE OF THE SENATE REGARDING lowing: THE ROLE OF BIOTECHNOLOGY IN was ordered to lie on the table; as fol- THE LIFE SCIENCES INDUSTRY. SEC. lll. BUDGETARY IMPACT OF THE TARP lows: It is the sense of the Senate that— PROGRAM. (1) the United States is the established and Effective fiscal year 2011, the budget reso- At the end of title II, add the following: undisputed global leader in life sciences, and lution shall separately set forth the budg- SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR biotechnology companies of the United etary impact of the TARP program or any THE DETENTION OF DETAINEES AT States are developing advances in medicine, other program that is designed to provide fi- NAVAL STATION GUANTANAMO BAY, energy, defense, and agriculture; nancial assistance for purchasing troubled fi- CUBA, AT ANY LOCATION OUTSIDE nancial assets or is managed by the Office of THE UNITED STATES. (2) the biotechnology industry is a source Financial Stability under the Department of of high-wage, science-oriented jobs, and the The Chairman of the Senate Committee on the Treasury for the budget year and the 9 the Budget may revise the allocations of a success of the industry is critical to ensure year period following the budget year. that the President’s call to ‘‘cure cancer in committee or committees, aggregates, and other appropriate levels in this resolution our lifetime’’ is met; SA 923. Mr. HATCH submitted an (3) the ongoing financial crisis has made it for one or more bills, joint resolutions, difficult for small biotechnology firms to ac- amendment intended to be proposed by amendments, motions, or conference reports cess capital, negatively affecting the cut- him to the concurrent resolution S. that would provide funding for the transfer ting-edge life sciences industry of the United Con. Res. 13, setting forth the congres- and incarceration (including any associated States by threatening to halt or signifi- sional budget for the United States infrastructure) of individuals currently de- cantly delay the next generation of prom- Government for fiscal year 2010, revis- tained at Naval Station Guantanamo Bay, ising therapies for cancer, multiple sclerosis, ing the appropriate budgetary levels Cuba, at a location outside United States, heart disease, and other diseases and afflic- for fiscal year 2009, and setting forth and prohibit funding of any transfers of such tions affecting tens of millions of people of the appropriate budgetary levels for detainees to the United States, by the the United States, as well as threatening to amounts provided in that legislation for that halt or significantly delay the development fiscal years 2011 through 2014; which was ordered to lie on the table; as fol- purpose, provided that such legislation of next-generation biofuels; would not increase the deficit over either the (4) the potential for biotechnology to pre- lows: period of the total of fiscal years 2009 vent and cure disease, improve surgical out- At the end of title III, insert the following: through 2014 or the period of the total of fis- comes, and pioneer other medical break- cal years of 2009 through 2019. throughs represents tremendous opportunity SEC. lll. LIMIT ON FEDERAL SPENDING. (a) DEFINITION.—In this section: to reduce costs and improve public health; Mr. BOND submitted an and (1) FEDERAL SPENDING LIMIT.—The term SA 926. (5) Congress should act to facilitate access ‘‘Federal spending limit’’ means with respect amendment intended to be proposed by to capital for the life sciences industry of the to a fiscal year, outlays not exceeding 20 per him to the concurrent resolution S. United States, including emerging bio- cent of the GDP. Con. Res. 13, setting forth the congres- technology companies, as the industry faces (2) GDP.—The term ‘‘GDP’’ means the sional budget for the United States a severe funding crisis that is jeopardizing a gross domestic product for the relevant fiscal year. Government for fiscal year 2010, revis- critical sector of the United States’ 21st cen- ing the appropriate budgetary levels tury innovation economy and a source of (b) FEDERAL SPENDING LIMIT POINT OF high-paying, high-quality jobs in the United ORDER.— for fiscal year 2009, and setting forth States. (1) IN GENERAL.—It shall not be in order in the appropriate budgetary levels for the Senate to consider any bill, joint resolu- fiscal years 2011 through 2014; which SA 921. Mr. MENENDEZ (for himself tion, amendment, or conference report that was ordered to lie on the table; as fol- and Mr. KAUFMAN) submitted an includes any provision that would exceed the lows: amendment intended to be proposed by Federal spending limit for such fiscal year. him to the concurrent resolution S. (2) WAIVER OR SUSPENSION.—This sub- On page 68, after line 4, insert the fol- Con. Res. 13, setting forth the congres- section may be waived or suspended in the lowing: Senate only by the affirmative rollcall vote sional budget for the United States SEC.l. POINT OF ORDER AGAINST LEGISLATION Government for fiscal year 2010, revis- of three-fifths of the Members, duly chosen THAT CAUSES SIGNIFICANT JOB and sworn. LOSS. ing the appropriate budgetary levels (3) APPEALS.—Appeals in the Senate from for fiscal year 2009, and setting forth (a) IN GENERAL.—After a concurrent reso- the decisions of the Chair relating to any lution on the budget is agreed to, it shall not the appropriate budgetary levels for provision of this subsection shall be limited be in order in the Senate to consider any fiscal years 2011 through 2014; which to 1 hour, to be equally divided between, and bill, resolution, amendment between Houses, was ordered to lie on the table; as fol- controlled by, the appellant and the manager motion, or conference report that— lows: of the bill or joint resolution. An affirmative vote of three-fifths of the Members of the (1) would cause revenues to be more than On page 49, after line 3, insert the fol- Senate, duly chosen and sworn, shall be re- the level of revenues set forth for that first lowing: quired to sustain an appeal of the ruling of fiscal year or for the total of that fiscal year SEC. ll. DEFICIT-NEUTRAL RESERVE FUND FOR the Chair on a point of order raised under and the ensuing fiscal years in the applicable THE VIOLENCE AGAINST WOMEN this subsection. resolution for which allocations are provided ACT (VAWA) AND THE FAMILY VIO- under section 302(a) of the Congressional LENCE PREVENTION AND SERVICES ACT (FVPSA), AND OTHER RELATED SA 924. Mr. HATCH submitted an Budget Act of 1974, and PROGRAMS. amendment intended to be proposed by (2) would cause significant job loss in man- The Chairman of the Senate Committee on him to the concurrent resolution S. ufacturing-or coal-dependent regions of the the Budget may revise the allocations of a Con. Res. 13, setting forth the congres- United States such as the Midwest, Great committee or committees, aggregates, and sional budget for the United States Plains or South. other appropriate levels and limits in this Government for fiscal year 2010, revis- (b) SUPERMAJORITY WAIVER AND APPEAL.— resolution for one or more bills, joint resolu- (1) WAIVER.—This section may be waived or tions, amendments, motions, or conference ing the appropriate budgetary levels suspended in the Senate only by an affirma- reports that provide resources for programs for fiscal year 2009, and setting forth administered through the Violence Against the appropriate budgetary levels for tive vote of three-fifths of the Members, duly Women Act and the Family Violence Preven- fiscal years 2011 through 2014; which chosen and sworn.

VerDate Nov 24 2008 05:40 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 8472 E:\CR\FM\A01AP6.156 S01APPT1 smartinez on PROD1PC64 with SENATE S4226 CONGRESSIONAL RECORD — SENATE April 1, 2009

(2) APPEAL.—An affirmative vote of three- COMMITTEE ON FOREIGN RELATIONS SUBCOMMITTEE ON EMERGING THREATS AND CA- fifths of the Members, duly chosen and Mr. CONRAD. Mr. President, I ask PABILITIES AND SUBCOMMITTEE ON STRATEGIC sworn, shall be required in the Senate to sus- unanimous consent that the Com- FORCES tain an appeal of the ruling of the Chair on mittee on Foreign Relations be author- Mr. CONRAD. Mr. President, I ask a point of order raised under this section. ized to meet during the session of the unanimous consent that the Sub- SA 927. Mr. BOND submitted an Senate on Wednesday, April 1, 2009, at committee on Emerging Threats and amendment intended to be proposed by 9:30 a.m. Capabilities and the Subcommittee on him to the concurrent resolution S. The PRESIDING OFFICER. Without Strategic Forces of the Committee on Con. Res. 13, setting forth the congres- objection, it is so ordered. Armed Services be authorized to meet sional budget for the United States COMMITTEE ON FOREIGN RELATIONS during the session of the Senate on Government for fiscal year 2010, revis- Mr. CONRAD. Mr. President, I ask Wednesday, April 1, 2009, at 3:30 p.m. ing the appropriate budgetary levels unanimous consent that the Com- The PRESIDING OFFICER. Without for fiscal year 2009, and setting forth mittee on Foreign Relations be author- objection, it is so ordered. the appropriate budgetary levels for ized to meet during the session of the SUBCOMMITTEE ON PERSONNEL fiscal years 2011 through 2014; which Senate on Wednesday, April 1, 2009, at Mr. CONRAD. Mr. President, I ask was ordered to lie on the table; as fol- 3 p.m., to hold a hearing entitled ‘‘En- unanimous consent that the Sub- lows: hanced Partnership with Pakistan committee on Personnel of the Com- On page 68, after line 4, insert the fol- Act.’’ mittee on Armed Services be author- lowing: The PRESIDING OFFICER. Without ized to meet during the session of the SEC.ll. POINT OF ORDER AGAINST LEGISLA- objection, it is so ordered. Senate on Wednesday, April 1, 2009, at TION THAT CAUSES AN INCREASE IN COMMITTEE ON HOMELAND SECURITY AND 2:30 p.m. PRICES FOR FERTILIZER OR FARM GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Without FUEL. Mr. CONRAD. Mr. President, I ask (a) IN GENERAL.—After a concurrent reso- objection, it is so ordered. lution on the budget is agreed to, it shall not unanimous consent that the Com- be in order in the Senate to consider any mittee on Homeland Security and Gov- f bill, resolution, amendment between Houses ernmental Affairs be authorized to motion, or conference report that— meet during the session of the Senate PRIVILEGES OF THE FLOOR (1) would cause revenues to be more than on Wednesday, April 1, 2009, at 2:30 p.m. Mr. CORNYN. Mr. President, I ask the level of revenues set forth for that first The PRESIDING OFFICER. Without unanimous consent that two law clerks fiscal year or for the total of that fiscal year objection, it is so ordered. and the ensuing fiscal years in the applicable from my staff, Matthew Welling and COMMITTEE ON THE JUDICIARY resolution for which allocations are provided Andrew Warthen, be granted floor under section 302(a) of the Congressional Mr. CONRAD. Mr. President, I ask privileges for the remainder of this ses- Budget Act of 1974, and unanimous consent that the Com- sion. (2) would cause an increase in the retail mittee on the Judiciary be authorized The PRESIDING OFFICER. Without price of fertilizer or fuel used in the produc- to meet during the session of the Sen- objection, it is so ordered. tion or transportation of agricultural prod- ate, to conduct a hearing entitled ucts. ‘‘Nominations’’ on Wednesday, April 1, f (b) SUPERMAJORITY WAIVER AND APPEAL.— 2009, at 2:30 p.m., in room SD–226 of the (1) WAIVER.—This section may be waived or DISCHARGE AND REFERRAL—S. 718 suspended in the Senate only by an affirma- Dirksen Senate Office Building. tive vote of three-fifths of the Members, duly The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask chosen and sworn. objection, it is so ordered. unanimous consent that S. 718 be dis- (2) APPEAL.—An affirmative vote of three- COMMITTEE ON SMALL BUSINESS AND charged from the Committee on the Ju- fifths of the Members, duly chosen and ENTREPRENEURSHIP diciary and be referred to the Com- sworn, shall be required in the Senate to sus- Mr. CONRAD. Mr. President, I ask tain an appeal of the ruling of the Chair on mittee on Health, Education, Labor, a point of order raised under this section. unanimous consent that the Com- and Pensions. mittee on Small Business and Entre- The PRESIDING OFFICER. Without f preneurship be authorized to meet dur- objection, it is so ordered. AUTHORITY FOR COMMITTEES TO ing the session of the Senate on MEET Wednesday, April 1, 2009, at 10 a.m. f COMMITTEE ON AGRICULTURE, NUTRITION, AND The PRESIDING OFFICER. Without AUTHORIZING USE OF THE FORESTRY objection, it is so ordered. ROTUNDA Mr. CONRAD. Mr. President, I ask COMMITTEE ON VETERANS’ AFFAIRS unanimous consent that the Com- Mr. CONRAD. Mr. President, I ask Mr. DURBIN. Mr. President, I ask mittee on Agriculture, Nurition, and unanimous consent that the Com- unanimous consent that the Senate Forestry be authorized to meet during mittee on Veterans’ Affairs be author- proceed to the immediate consider- the session of the Senate on Wednes- ized to meet during the session of the ation of H. Con. Res. 54, which was re- day, April 1, 2009, at 2 p.m. in room 216 Senate on Wednesday, April 1, 2009. The ceived from the House. of the Hart Senate office building. Committee will meet in room 418 of the The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Russell Senate Office Building begin- clerk will report the concurrent resolu- objection, it is so ordered. ning at 9:30 a.m. tion by title. COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without The legislative clerk read as follows: Mr. CONRAD. Mr. President, I ask objection, it is so ordered. A concurrent resolution (H. Con. Res. 54) unanimous consent that Committee on SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR permitting the use of the Rotunda of the Armed Services be authorized to meet SAFETY Capitol for a ceremony as part of the com- during the session of the Senate on Mr. CONRAD. Mr. President, I ask memoration of the days of remembrance of Wednesday, April 1, 2009, at 9:30 a.m. unanimous consent that the Sub- victims of the Holocaust. The PRESIDING OFFICER. Without committee on Clean Air and Nuclear There being no objection, the Senate objection, it is so ordered. Safety of the Committee on Environ- proceeded to consider the concurrent COMMITTEE ON ENVIRONMENT AND PUBLIC ment and Public works be authorized resolution. WORKS to meet during the session of the Sen- Mr. DURBIN. Mr. President, I ask Mr. CONRAD. Mr. President, I ask ate on Wednesday, April 1, 2009 at 10 unanimous consent that the concur- unanimous consent that the Com- a.m. in room 406 of the Dirksen Senate rent resolution be agreed to, the mo- mittee on Environment and Public Office Building to hold a hearing enti- tion to reconsider be laid upon the Works be authorized to meet during tled, ‘‘Oversight—the Environmental table, with no intervening action or de- the session of the Senate on Wednes- Protection Agency’s Renewable Fuel bate, and any statements related to the day, April 1, 2009. Standard.’’ measure be printed in the RECORD. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. objection, it is so ordered.

VerDate Nov 24 2008 05:20 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.184 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4227 COMMEMORATING 90 YEARS OF 60TH ANNIVERSARY OF NATO NATO member states to Afghanistan to respond to a dangerous insurgency and ter- U.S.-POLISH DIPLOMATIC RELA- Mr. DURBIN. I ask unanimous con- TIONS rorist threat and to help re-build a shattered sent that the Senate proceed to the im- country; Mr. DURBIN. Mr. President, I ask mediate consideration of Calendar No. Whereas the challenges that continue to be unanimous consent that the Senate 41, S. Res. 20. posed by the resurgence of the Taliban and proceed to the immediate consider- The PRESIDING OFFICER. The the illicit drug trade in Afghanistan high- ation of Calendar No. 40, S. Res. 9. clerk will report the resolution by light the need for a sustained and strengthened NATO presence in Afghanistan; The PRESIDING OFFICER. The title. The legislative clerk read as follows: Whereas NATO continues to enhance the clerk will report the resolution by security of Europe and the world by title. A resolution (S. Res. 20) celebrating the strengthening partnerships with countries 60th anniversary of the North Atlantic Trea- The legislative clerk read as follows: around the world; and ty Organization. Whereas Congress continues to support A resolution (S. Res. 9) commemorating 90 There being no objection, the Senate NATO, the leadership role of the United years of U.S.-Polish diplomatic relations, proceeded to consider the resolution. States Government in European security af- during which Poland has proven to be an ex- Mr. DURBIN. I ask unanimous con- fairs, and the continued enlargement of ceptionally strong partner to the United sent that the resolution be agreed to, NATO: Now, therefore, be it States in advancing freedom around the Resolved, That the Senate— world. the preamble be agreed to, the motions (1) celebrates the 60th anniversary of the to reconsider be laid upon the table, There being no objection, the Senate North Atlantic Treaty Organization; with no intervening action or debate, (2) reaffirms that the North Atlantic Trea- proceeded to consider the resolution. and that any statements relating to ty Organization is strong, enduring, and ori- Mr. DURBIN. Mr. President, I ask this measure be printed in the RECORD. ented for the challenges of the future; and unanimous consent that I be added as a The PRESIDING OFFICER. Without (3) expresses appreciation for— cosponsor of this resolution. objection, it is so ordered. (A) the steadfast partnership between the The PRESIDING OFFICER. Without The resolution (S. Res. 20) was agreed North Atlantic Treaty Organization and the to. United States Government; and objection, it is so ordered. (B) the work of the North Atlantic Treaty Mr. DURBIN. Mr. President, I ask The preamble was agreed to. Organization to ensure peace, security, and unanimous consent that the resolution The resolution, with its preamble, stability in Europe and throughout the be agreed to, the preamble be agreed reads as follows: world. to, the motions to reconsider be laid S. RES. 20 f upon the table, with no intervening ac- Whereas the North Atlantic Treaty Organi- URGING GOVERNMENT OF zation (NATO) will celebrate its 60th anni- tion or debate, and any statements re- MOLDOVA TO ENSURE A DEMO- lated to this measure be printed in the versary at a summit to be held on April 4, 2009, in Kehl, Germany, and Strasbourg, CRATIC ELECTION PROCESS RECORD. France; Mr. DURBIN. I ask unanimous con- The PRESIDING OFFICER. Without Whereas this summit will be held along the sent that the Senate proceed to the im- objection, it is so ordered. border of France and Germany to commemo- mediate consideration of Calendar No. The resolution (S. Res. 9) was agreed rate the historic post-war reconciliation in 42, S. Res. 56. to. Europe that NATO has done so much to fa- The PRESIDING OFFICER. The cilitate; The preamble was agreed to. Whereas for 60 years, NATO has served as clerk will report the resolution by The resolution, with its preamble, the preeminent organization to defend the title. reads as follows: territory of its member states against all ex- The legislative clerk read as follows: ternal security threats; A resolution (S. Res. 56) urging the Govern- S. RES. 9 Whereas the security of the United States ment of Moldova to ensure a fair and demo- Whereas the United States established dip- is inseparably linked to the peace and sta- cratic election process for the parliamentary lomatic relations with the newly formed Pol- bility of the European continent by the par- elections on April 5, 2009. ish Republic in April 1919; ticipation of the United States in NATO; There being no objection, the Senate Whereas the year 2009 marks the 20th anni- Whereas the security of the United States proceeded to consider the resolution. versary of democracy in Poland, as well as has been significantly enhanced by the inte- the 20th anniversary of the fall of com- Mr. DURBIN. I ask unanimous con- gration of security and military structures sent that the resolution be agreed to, munism in Poland; in the United States and Europe achieved by Whereas the year 2009 marks the 10th anni- NATO; the preamble be agreed to, the motions versary of Poland’s accession to the North Whereas NATO continues to promote a Eu- to reconsider be laid upon the table, Atlantic Treaty Organization (NATO); rope that is whole, undivided, free, and at with no intervening action or debate, Whereas the year 2009 marks the 50th anni- peace; and any statements relating to this versary of the Fulbright Educational Ex- Whereas NATO continues to support an measure be printed in the RECORD. change Program in Poland; open-door policy of admitting states that The PRESIDING OFFICER. Without Whereas Poland has overcome a legacy of can contribute to the promotion and protec- objection, it is so ordered. foreign occupation and period of communist tion of freedom, democracy, stability, and The resolution (S. Res. 56) was agreed rule to emerge as a free and democratic na- peace throughout Europe; to. tion; Whereas, since the end of the Cold War, Whereas Poland has strongly supported the The preamble was agreed to. NATO has continued to redefine and trans- The resolution, with its preamble, United States diplomatically and militarily, form itself and to take on new missions, in as well as supporting United States-led ef- order to ensure that each NATO member reads as follows: forts in combating global terrorism, and has state can defend itself against emerging S. RES. 56 contributed troops to the coalitions led by threats such as terrorism, the spread of Whereas Senate Resolution 60, 110th Con- the United States in both Afghanistan and weapons of mass destruction, instability gress, agreed to February 17, 2005, expressed Iraq; and caused by failed states, cyber attacks, pi- the support of the Senate for democratic re- Whereas Poland has cooperated closely racy, and threats to global energy security; form in Moldova and urged the Government with the United States on issues such as de- Whereas NATO continues to help stabilize of Moldova to ensure a democratic and fair mocratization, nuclear proliferation, human the Balkans through the deployment of election process for the parliamentary elec- rights, regional cooperation in Eastern Eu- troops to Kosovo; tions on March 6, 2005, by ensuring rope, and reform of the United Nations: Now, Whereas NATO has deployed naval assets ‘‘unimpeded access by all parties and can- therefore, be it to the Gulf of Aden to address the growing didates to print, radio, television, and Inter- Resolved, That the Senate— threat of piracy in the region and to help net media on a nondiscriminatory basis’’ and (1) celebrates the 90th anniversary of U.S.- protect the delivery of United Nations food ‘‘the right of opposition candidates and Polish diplomatic relations; assistance to Somalia; workers to engage in campaigning free of (2) congratulates the Polish people on their Whereas after the 2001 terrorist attacks on harassment, discrimination, and intimida- great accomplishments as a free democracy; the United States, article 5 of the North At- tion’’; and lantic Treaty, signed at Washington April 4, Whereas the Election Observation Mission (3) expresses appreciation for Poland’s 1949 (TIAS 1964), was invoked for the first of the Office for Democratic Institutions and steadfast partnership with the United time in the history of the organization, and Human Rights of the Organization for Secu- States. NATO deployed 50,000 troops from all 26 rity and Co-operation in Europe (OSCE)

VerDate Nov 24 2008 05:20 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\G01AP6.092 S01APPT1 smartinez on PROD1PC64 with SENATE S4228 CONGRESSIONAL RECORD — SENATE April 1, 2009 found that, while the parliamentary elec- be deemed expired, the time for the two The expiration of these tax cuts en- tions in 2005 generally complied with most of leaders be reserved for their use later acted in 2001 and 2003 for couples mak- the OSCE commitments and other inter- in the day, and the Senate resume con- ing over $250,000 will directly and indis- national standards, ‘‘they fell short of some sideration of S. Con. Res. 13, the con- putably affect small businesses. Hiking that are central to a genuinely competitive election process’’, in particular ‘‘campaign current resolution on the budget, as taxes from 33 to 36 percent and from 35 conditions and access to media’’, confirming under the previous order. to 39.6 percent results in a 9-percent the ‘‘negative trends already noted in the The PRESIDING OFFICER. Without tax increase for either tax rate. So if 2003 local elections’’; objection, it is so ordered. the Government is subtracting 9 per- Whereas the Election Observation Mission f cent from small business owners, obvi- found that the local elections held in June ously, that suggests fewer resources PROGRAM 2007 in Moldova were generally well adminis- will be available to reinvest in busi- tered but ‘‘fell short of a number of OSCE Mr. DURBIN. Under the previous ness. commitments central to a competitive elec- order, when the Senate resumes consid- As we know, access to capital is a toral process’’, in particular by not fully respecting ‘‘the right of citizens to seek public eration of the budget resolution tomor- constant struggle for America’s small office and equitable media access’’; row, 90 minutes of the statutory time businesses, particularly at this time of Whereas Freedom House, a non-profit, non- remains. Senators should expect the a continuing credit crisis. We have seen partisan organization working to advance so-called vote-arama to begin around the credit crunch that has had a direct the expansion of freedom, again in 2008 des- 11:30 a.m. tomorrow. Votes will occur effect on small businesses. Lines of ignated the political environment of in a stacked sequence with 2 minutes credit have been denied. Access to cap- Moldova as only ‘‘partly free’’; for debate prior to each vote. In addi- ital is simply not available. Time and Whereas political liberties and civil rights tion, Senators should note that each time again, we have heard from small are key indicators of eligibility for support from the Millennium Challenge Corporation, vote after the first vote will be only 10 businesses, and certainly that was true an entity of the United States Government, minutes in duration. at a hearing we held recently in the which is now considering a sizeable grant for f Small Business Committee, because the economic and political development of small business owners are saying re- ORDER FOR ADJOURNMENT Moldova; and peatedly they have had considerable Whereas recent actions by entities of the Mr. DURBIN. If there is no further difficulty in being able to access credit Government of Moldova raise serious ques- business to come before the Senate, I from banks. tions about the readiness of the Government ask unanimous consent that it adjourn So we have a serious crisis because if of Moldova to break free from the unfortu- under the previous order, following the nate patterns established in the elections in we depend on small businesses to gen- remarks of Senator SNOWE. 2003, 2005, and 2007 and to create the cam- erate the jobs, which they do—70 per- paign conditions and access to media re- The PRESIDING OFFICER. Without cent of all the net new jobs in this quired for truly free and fair elections: Now, objection, it is so ordered. country; half of all the private-sector therefore, be it Mr. DURBIN. I suggest the absence of employers, 70 percent of the nonfarm Resolved, That the Senate— a quorum. gross domestic product—then clearly (1) reaffirms the strong, mutually bene- The PRESIDING OFFICER. The we have to be concerned about the re- ficial relationship that exists between the clerk will call the roll. sponse of small businesses when we are United States Government and the Govern- The legislative clerk proceeded to raising the tax rates for those making ment of Moldova; call the roll. (2) recognizes that the development of a over $250,000. genuinely democratic political system in Ms. SNOWE. Mr. President, I ask We simply cannot increase taxes by 9 Moldova is a precondition for the full inte- unanimous consent that the order for percent on small businesses and not ex- gration of Moldova into the Western commu- the quorum call be rescinded. pect that this tax hike will have an im- nity of nations and the provision of assist- The PRESIDING OFFICER. Without mediate effect on the amount of cap- ance necessary to attain such integration; objection, it is so ordered. ital they re-invest in their business. I (3) urges the Government of Moldova to f fear that in lieu of investing their own meet its commitments to the Organization funds, small businesses will have to, for Security and Co-operation in Europe, es- DEFICIT-NEUTRAL RESERVE FUND obviously, turn to the frozen credit pecially in respect to the conduct of elec- Ms. SNOWE. Mr. President, I plan to tions, by guaranteeing— markets which clearly has impeded any (A) unimpeded access by all parties and offer an amendment tomorrow that I ability of small businesses to secure candidates to public print, radio, television, would like to discuss this evening very capital. and Internet media on a nondiscriminatory briefly because I do think it is an im- Most recently, a Federal Reserve basis; portant matter as we consider the eco- study demonstrated that 70 percent of (B) the ability of independent media to nomic climate in which we find our- banks have tightened loans to small cover campaigns on an unrestricted basis; selves. businesses. Well, Chairman LANDRIEU (C) the right of opposition candidates and My amendment would create a def- of the Small Business Committee and I workers to engage in campaigning free of icit-neutral reserve fund that would ex- harassment, discrimination, and intimida- have been working to free up lending tion; and tend the 2001 tax cut rates for small for small business owners. Recently, (D) adequate means for citizens of Moldova business owners so this tax increase the President conducted a small busi- residing abroad to cast their ballots; and does not subtract from the pool of cap- ness summit at the White House, and (4) in light of the steps taken by the Gov- ital that is going to be available to we heard directly from small business ernment of Moldova, pledges the continued small business. As the Ranking Mem- owners who said their lines of credit support of the United States Government for ber of the Small Business Committee have simply dried up. the establishment in Moldova of a fully free and senior member of the Finance I know some of the banks have said, and democratic system, the creation of a Committee, I rise on this critical issue some of the TARP recipients said: prosperous market economy, and the assumption by Moldova of its rightful place as of taxation because I am deeply con- Well, we are lending money. But the a full and equal member of the Western com- cerned about how proposed tax rate in- truth is, it is simply not happening. So munity of democracies. creases will harm small business cap- there are numerous provisions in the f ital formation. stimulus package that I and Chair There has been a significant debate LANDRIEU had worked to insert because ORDERS FOR THURSDAY, APRIL 2, about the effect on small business of we thought it was important to make 2009 raising tax rates on those making over sure we took the steps to ensure a Mr. DURBIN. Mr. President, I ask $250,000. I do not disagree with some of Main Street recovery, some of which unanimous consent that when the Sen- those efforts, but I do have a deep con- were in the flagship SBA programs, the ate completes its business today, it ad- cern about the impact and the implica- 7(a) and 504 programs, to reduce or journ until 10 a.m. tomorrow, Thurs- tions that it will have on small busi- eliminate the lenders’ and borrowers’ day, April 2; that following the prayer nesses and their ability to access af- fees which are going to be instrumental and pledge, the Journal of proceedings fordable capital in this current eco- to allowing banks to more freely loan be approved to date, the morning hour nomic downturn. money to small businesses because

VerDate Nov 24 2008 05:20 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A01AP6.058 S01APPT1 smartinez on PROD1PC64 with SENATE April 1, 2009 CONGRESSIONAL RECORD — SENATE S4229 these are the key lending programs. We of all small businesses because there to affect—not only them but our Na- also provided for a 90-percent guar- are roughly another 2 million small C tion’s economy. We have to do every- antee under the 7(a) program for any of corporations, representing 7 percent of thing we can to nurture and cultivate the loans that are issued. In the stim- small businesses, that pay taxes both an environment in which small busi- ulus package, I was able to secure a at the business level and individual nesses can survive during this eco- provision that will allow small busi- level when profits are distributed. nomic crisis. We need to be fostering nesses to make quarterly estimate tax The point is, that small businesses that environment, not increasing taxes payments of 90 percent of their 2008 tax are critical. They pay the individual on small businesses at the very time liability rather than 110 percent esti- tax rate. That is the problem with al- when they need more capital just to mated tax payments. That is impor- lowing the tax rates to expire from the get by. tant to ensure there is available cap- 2001 and 2003 tax bills, for those small A recent SBA study noted that half ital for small businesses, to ease the businesses that are earning more than of all small business income is earned credit flow for small businesses so they $250,000. by businesses organized either as a can survive in this very serious eco- The data provided earlier this week partnership or an S corporation, de- nomic downturn. from the Joint Committee on Taxation spite the fact that they constitute only So we have done a number of things shows that 6.5 percent of business own- about 20 percent of business units. So that are going to be so essential for the ers—as defined by individuals receiving it is critical that we evaluate this par- preservation and survival of small busi- flow-through income, as I mentioned ticular provision. When we are talking ness in this very serious recession, earlier, who pay the individual tax about allowing the expiration of the which is the worst since the Great De- rate—will see their taxes increased as a tax rates in 2001 and 2003, we have to pression. result of this major tax hike. This is in consider and evaluate it specifically on We included a stabilization loan fund stark contrast to those critics who how it will affect the health and the that will provide up to $35,000 for small have said it is only going to be 2.2 per- well-being of small businesses in Amer- businesses that otherwise have been cent of taxpayers who will be affected ica’s economy. viable businesses but are having dif- by this tax increase. But yet Joint Tax Small businesses as job generators ficulty making their payments. So we shows it is almost three times what have been underappreciated and unrec- want to ease the flow of capital on a they indicated. But more importantly, ognized. They have been the unsung he- monthly basis. So it gives them a life it is the amount of income that these roes of our economy, even prior to this line, a bridge until they will be able to small businesses generate in our Na- recession. I think we have to be wholly find a better economic climate in tion’s economy. attentive to the role they play in our which to do business. The Joint Committee on Taxation Nation’s economy. After all, there are The fact is, credit is essential. Small data reinforces a 2007 Treasury study 27 million small businesses in America businesses are vital because they are that demonstrated among taxpayers today. We have to ensure their sur- the job generators in America. Our whose flow-through income amounted vival. The way we can do it is to con- economy is wholly dependent on the to at least 50 percent of their wages— sider the policies enacted and how they well-being and the health of small busi- clearly indicating the primary business directly have an effect on small businesses. That is why the President—and owner—that 9 percent earned 69 per- nesses, whether it is by increasing reg- I recommended and endorsed this cent of total flow-through income but ulation, diminishing the availability of idea—is going to use some of the TARP paid 81 percent of the taxes on it. So 9 credit, or by raising taxes, all of which funds to buy small business loans in percent earned 69 percent of this small have a collective effect on the well- the secondary market, again, freeing business income and they paid 81 per- being and effectiveness of small busi- up the capital, easing the pressures on cent of the taxes on it. That is the ness. many of the banks, so they can issue problem because we are going to di- I think it is rather ironic that on one those loans in the secondary markets. rectly increase taxes on those small hand we are doing everything we can And up to $15 billion in TARP funds businesses that generate the prepon- through the stimulus, through the would be used. So again, it is another derance of the income from small busi- TARP funds to make credit available, way of easing the credit restraints, but nesses in America. and then on the other hand we are sub- also to provide more liquidity in the Now, I drew on this Treasury study tracting from it by raising the tax markets so that small businesses are to help craft my amendment which tar- rate. Some say we are only deferring able to go about and continue to do gets not the passive investor in small that; it is 2 years away. But small busi- their business. business but the individual who is real- nesses have to plan for the future. The We have to avert not only job losses ly earning their keep from small busi- net effect will be that they will con- in this economy, but primarily to nesses. My amendment uses the defini- stantly retrench in anticipation that make sure if we are going to do so, that tion of ‘‘small business’’ as determined their tax rates are going to rise, which we prevent small business owners from by the Small Business Administration. only stands to reason. It is a logical re- shutting their doors on Main Streets I want to highlight one form of busi- sponse. It certainly will change their all across America. ness ownership in particular, and that behavior today as a result of what they The vast majority of businesses in is the S corporation because this form can expect in the future. this country are known as ‘‘flow- of ownership represents small firms So suggesting that somehow defer- through’’ or ‘‘pass-through’’ businesses, that have graduated past the ‘‘kitchen ring it 2 years out will make it better meaning that the income from a busi- table’’ stage of business and have emis not an answer. We don’t have any ness is taxable to the individual owner ployees. Again, the Joint Committee prognostications in terms of what this and is not taxed at the business unit on Taxation data indicates that in 2006, economy is going to look like in 2 level. The forms of ownership that fall 22 percent of taxpayers who earned in- years, we still will have high rates of into the definition of flow-through come from S corporations were making unemployment. It is going to be a slow businesses are sole proprietorships, more than $250,000. Furthermore, a new path forward toward recovery, and we partnerships, and S corporations. Ac- study—a very recent study—from the will be depending on small businesses cording to the Small Business Adminis- SBA Office of Advocacy demonstrated to ultimately lead the way out of this tration, flow-through businesses rep- there were roughly 3.3 million S cor- recession and to pave the way forward resented 93 percent of all small busi- poration returns filed for 2004 and by toward a recovery. So because we are nesses in 2004. And specifically, there the industry sector, the most preva- dependent on small businesses, then we were 19.2 million sole proprietorships, lent, were wholesale and retail trade. have to consider very carefully the im- representing 72 percent of all busi- So, in essence, these are the Main pact that raising tax rates will have on nesses; 2.3 million partnerships, rep- Street businesses, the retailers, the small businesses in America. resenting 9 percent of businesses; and construction firms, the manufacturers, So when some say that tax increases 3.3 million S corporations, representing the job generators of this economy. We would not have an impact today, but it 12 percent of businesses. And we con- cannot subtract another 9 percent from will in 2 years, I answer that it will sider this to be an incomplete snapshot their income and think it is not going have an impact today because business

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TRIBUTE TO JOE SCALLORNS reer was launched in 1933 when a speech the produce company that would become Grif- teacher at Tulsa’s Central High School recog- fin & Brand Produce of McAllen and ultimately HON. IKE SKELTON nized his potential and told a local station relocating to McAllen, Texas in 1954; and OF MISSOURI radio manager, ‘‘This boy needs to be in Whereas, Mayor Brand always ready for a new challenge served the City of McAllen as IN THE HOUSE OF REPRESENTATIVES radio.’’ Harvey worked as an announcer, then as program director at KVOO–AM. City Commissioner and then as Mayor for 20 Wednesday, April 1, 2009 He spent three years as a station manager years. Mayor Brand’s leadership and vision Mr. SKELTON. Madam Speaker, let me in Salina, Kansas, followed by a stint as a was instrumental in creating the City of take this opportunity to honor Joe Scallorns of newscaster in Oklahoma City. He then landed McAllen of today, a thriving modernized city; California, Missouri. at WXOK–AM in St. Louis, working as a re- and Mr. Scallorns has been awarded the Depart- porter and director of special events. Whereas, Mayor Brand’s dedication to the ment of the Air Force Scroll of Appreciation for After marriage, Harvey worked as a reporter youth of McAllen is evident through the found- his tireless dedication and leadership on the in Hawaii and enlisted in the U.S. Army Air ing of the Boy’s and Girls’ Club of McAllen Whiteman Air Force Base Community Council. Corps after Pearl Harbor. Discharged in 1944, that today supports a large number of youth The scroll is awarded for meritorious achieve- he moved to Chicago at his wife’s urging. programs, and his work to obtain land for the ment or service to the Department of the Air On April 1, 1951 the ABC Radio Network McAllen ISD that is now home to a high Force by civilians not employed by the United debuted Paul Harvey News and Comment school, a city park, and a number of sports States government. It was presented to Mr. ‘‘Commentary and analysis of Paul Harvey fields; and Scallorns at the B–2 Twentieth Anniversary each weekday at 12 Noon’’. Harvey’s News Whereas, Mayor Brand played a central role Gala on January 17. and Comment was streamed on the World in the development of the McAllen Economic Mr. Scallorns has supported the Whiteman Wide Web twice a day. Paul Harvey News has Development Corporation that has brought a Air Force Base community throughout his ten- been called the ‘‘largest one-man network in number of industries to the area that today ure as president of the Whiteman Air Force the world,’’ as it was carried on 1,200 radio employ thousands of McAllen citizens; and be Base Community Council and through his con- stations, 400 Armed Forces Network stations it hereby tinued service as an active member of the around the world and 300 newspapers. His Resolved, That Congressman HENRY board. He also currently serves on the com- broadcasts and newspaper columns have CUELLAR, in representing the 28th Congres- mander’s group of Air Combat Command and been reprinted in the CONGRESSIONAL RECORD sional District of the State of Texas, honors is a participating member of the Air Force more than those of any other commentator. Former McAllen Mayor Othal Brand. Civic Leaders Group and Air Force Associa- A voice so familiar has been quieted, but f tion. life’s experiences, as often described by Mr. PERSONAL EXPLANATION Joe Scallorns has been honored to serve Harvey, continue in its progressive line of and support Whiteman Air Force Base and its march. The parade, however, will now be de- community. I hope Members of the House will scribed in different ways, as it passes by ... HON. TOM COLE join me in honoring this outstanding citizen and, I’m afraid, not as eloquently as Paul Har- OF OKLAHOMA and in wishing him the very best in his future vey described it as a . . . ‘‘Good Day!’’ Thank IN THE HOUSE OF REPRESENTATIVES endeavors. you for this tribute. It was, as life is, moving. Wednesday, April 1, 2009 f Thanks to Mr. Harvey for sharing his life with Mr. COLE. Madam Speaker, on Tuesday, us for these many, many years. The life he HONORING PAUL HARVEY March 31, 2009, I was unavoidably detained saw through 76 years of broadcast experience and I missed the first vote in a series of three was made better, sadder, enthusiastically and SPEECH OF votes. I missed rollcall vote No. 173. quietly at many times . . . times, as described Had I been present and voting, I would have HON. SHEILA JACKSON-LEE by him, always memorable. voted as follows: OF TEXAS I am honored to have had the opportunity Rollcall vote No. 173: ‘‘no’’ (On agreeing to IN THE HOUSE OF REPRESENTATIVES as many of us had, to have listened to him. H. Res. 279). Americans could always count on him to tell Monday, Mar 30, 2009 f us the rest of the story. Ms. JACKSON-LEE of Texas. Madam f TRIBUTE TO BRADY YOUNG Speaker, I rise today in strong support of H. Res. 223, honoring the life, achievements, and TRIBUTE TO FORMER McALLEN MAYOR OTHAL BRAND HON. TOM LATHAM contributions of Paul Harvey, affectionately OF IOWA known for his signature line, ‘This is Paul Har- IN THE HOUSE OF REPRESENTATIVES vey . . . Good Day.’ I want to thank my col- HON. HENRY CUELLAR Wednesday, April 1, 2009 league from Oklahoma, Representative JOHN OF TEXAS SULLIVAN for introducing this resolution. IN THE HOUSE OF REPRESENTATIVES Mr. LATHAM. Madam Speaker, I rise today Paul Harvey became a heartland icon, deliv- to recognize and congratulate Brady Young on ering news and commentary with a distinctive Wednesday, April 1, 2009 earning an Eagle Scout Award. Brady is an Midwestern flavor. ‘‘Stand by for news!’’ he Mr. CUELLAR. Madam Speaker: 11th grade student from South Hardin High told his listeners. He was credited with invent- Whereas, the McAllen Hispanic Chamber of School in Eldora, Iowa. ing or popularizing terms such as ‘‘skyjacker,’’ Commerce promotes economic development The Eagle Scout rank is the highest ad- ‘‘Reaganomics’’ and ‘‘guesstimate.’’ Mr. Har- and assists businesses to access the Hispanic vancement rank in scouting. Only about 5% of vey was one of the most gifted and beloved market through networking, promoting edu- Boy Scouts earn the Eagle Scout Award. The broadcasters in our nation’s history. cation and nurturing leadership; and award is a performance based achievement Radio Pioneer, Legend and Icon, Paul Har- Whereas, Mayor Brand born August 12, that has maintained similar standards over the vey, famous for his line ‘‘and now you know, 1919 in Grayson, Georgia one of six children years. To earn the Eagle Scout rank, a Boy the rest of the story’’ passed away on Feb- to Homer and Ilee Brand. Scout is obligated to pass specific tests that ruary 28, 2009 at the age of 90. It was a sad Whereas, Mayor Brand with his unfaltering are organized by requirements and merit day for broadcasters and listeners alike patriotism served the United States in World badges, as well as completing an Eagle around the world to learn of his passing. War II as a U.S. Marine; and Project to benefit the community. Brady’s Paul Harvey Aurandt was born September Whereas, Mayor Brand returned from World project was replacing the railing, steps, land- 4, 1918, in Tulsa, Oklahoma. Mr. Harvey’s ca- War II to continue to work tirelessly building scaping and entrance to the west of the Youth

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

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.001 E01APPT1 jbell on PROD1PC69 with REMARKS E836 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 Building at the Hardin County Fairgrounds in of Congress. His services were essential to terest in a strong relationship with the United Eldora. the Members of Congress and should not go States. President Lugo is the first Paraguayan Brady has been involved in scouting since unrecognized. president to be elected not from the Colorado he was in Tiger Cubs and continues to be an Dr. Eisold was born in Cleveland, Ohio, in party in 60 years, and he is already a good active member of the Eldora Boy Scout Troop 1946, and grew up in Baltimore, Maryland. He friend of the United States. 334 today. He has completed over 50 merit received a Bachelor’s degree in Physics from Paraguay is a small, landlocked country that badges, 12 of which are required to become Dartmouth College in 1968 and a Doctor of is often left out of discussions of U.S. policy an Eagle Scout. While in Scouts, Brady has Medicine degree from Dartmouth College in toward Latin America. But, it is a crucial ally earned various awards which include: the 1976. From 1976 to 1979, Dr. Eisold com- in so many areas. According to the State De- Bronze Palm, Arrow of Light Award, 50 Miler pleted his internship and residency in internal partment’s February 2009 International Nar- Award, God and Country Religious Award, medicine at the National Naval Medical Cen- cotics Control Strategy Report, in 2008, Para- World Conservation Award and various others. ter. Upon receiving his American Board of In- guay’s National Anti-drug Secretariat (SENAD) Brady is also a Member of Order of the ternal Medicine Certification, Dr. Eisold estab- seized a record 172 metric tons of marijuana. Arrow—Brotherhood Level and completed the lished the General Internal Medicine Division Paraguay also works closely with the U.S. and Den Chief Leadership training. and Hypertension Clinic at the National Naval its neighbors Argentina and Brazil in the ‘‘3+1 The example set by this young man dem- Medical Center. In 1985 he was selected as a process’’ to curb illicit activities in the so-called onstrates the rewards of hard work, dedication Robert Wood Johnson Health Policy Fellow tri-border area where the borders of Paraguay, and perseverance. I am honored to represent and worked for Senator KENNEDY’s Health Argentina and Brazil meet. Brady Young in the United States Congress. I Staff on the Labor and Human Resources Over the past two years, I have been highly know that all of my colleagues join me in con- Committee. From 1988 to 1994 Dr. Eisold was critical of Congress’s short-term extensions of gratulating him on earning an Eagle Scout reassigned back to the National Naval Medical ATPA. It is my hope both that Paraguay will ranking and wish him continued success in his Center and was selected as chairman of the be quickly added to ATPA and that ATPA will future education and career. Department of Internal Medicine. He was pro- then be extended for a much longer time pe- f moted to Rear Admiral in 1995. riod than in the past. Dr. Eisold has been recognized for his work During his campaign, President Obama said HONORING FRED WELCH to the Congress during the anthrax attack in that ‘‘my policy toward the Americas will be 2001. He and his staff were awarded the U.S. guided by the simple principle that what’s HON. TIMOTHY V. JOHNSON Surgeon General’s Crisis Response Service good for the people of the Americas is good OF ILLINOIS Award, the Public Health Service Outstanding for the United States.’’ The U.S.-Paraguay IN THE HOUSE OF REPRESENTATIVES Unit Citation and the Navy Unit Commenda- Partnership Act of 2009 embodies the spirit of tion. In addition, Dr. Eisold has been awarded President Obama’s statement, and will be a Wednesday, April 1, 2009 the National Defense Medal with two Bronze win-win for both countries. Mr. JOHNSON of Illinois. Madam Speaker, Stars, Meritorious Unit Commendation with f I rise today to honor Fred Welch, a dedicated three Bronze Stars, Navy Commendation and selfless member of the community who Medal with Gold Star, Defense Commendation TRIBUTE TO TRAVIS JESKE passed away on March 13, 2009. Medal, Meritorious Service Medal, the Legion Fred was born in Linden, Tennessee and of Merit with Gold Star, and the Distinguished HON. TOM LATHAM later attended the University of Tennessee. Service Medal. OF IOWA After graduation he attended Auburn Univer- I am certain that Members of the House will IN THE HOUSE OF REPRESENTATIVES sity and Iowa State University. Fred’s areas of join me in thanking Rear Admiral Dr. John F. Wednesday, April 1, 2009 specialty were in soil science, specifically soil Eisold for his service to the United States fertility and fertilizers. This area of expertise Congress and in wishing him the best of luck Mr. LATHAM. Madam Speaker, I rise today led him to work at the Georgia Experiment in future endeavors. to recognize and congratulate Travis Jeske on earning an Eagle Scout Award. Travis is a Station, the U.S. Department of Agriculture, f and finally the agronomy department at the 10th grade student from South Hardin High University of Illinois. INTRODUCTION OF THE U.S.-PARA- School in Eldora, Iowa. He is survived by his wife, Marilyn, whom GUAY PARTNERSHIP ACT OF 2009 The Eagle Scout rank is the highest ad- he married in 1956 in Cherokee, Alabama. vancement rank in scouting. Only about 5% of They were blessed with three sons, five HON. ELIOT L. ENGEL Boy Scouts earn the Eagle Scout Award. The granddaughters, and three grandsons. After OF NEW YORK award is a performance based achievement retiring from the University of Illinois in 1990, IN THE HOUSE OF REPRESENTATIVES that has maintained similar standards over the Fred and his wife traveled whenever possible years. To earn the Eagle Scout rank, a Boy Wednesday, April 1, 2009 and founded an active seniors group that Scout is obligated to pass specific tests that meets once a month to discuss politics and Mr. ENGEL. Madam Speaker, today, I am are organized by requirements and merit meet candidates. This organization, the Active pleased to introduce the U.S.-Paraguay Part- badges, as well as completing an Eagle Senior Republicans, has grown from just the nership Act of 2009 which will add Paraguay Project to benefit the community. Travis’s two of them to over one hundred citizens of as an Andean Trade Preference Act (ATPA) project was building gate extensions for the the Champaign area. beneficiary country. As Chairman of the House Hardin County Fair Board, at the Hardin Coun- I hope all of you will join me in recognizing Foreign Affairs Subcommittee on the Western ty Fairgrounds in Eldora. Fred Welch for his contributions to his commu- Hemisphere, I have spent countless hours Travis has been involved in scouting since nity, Champaign County, and the University of over the past two years urging greater U.S. he was in Tiger Cubs and continues to be an Illinois. engagement in the Americas. Congress’s pas- active member of the Eldora Boy Scout Troop f sage of the U.S.-Paraguay Partnership Act of 334 today. He has completed over 50 merit 2009 will be one small step in that direction. badges; 12 of which are required to become TRIBUTE TO REAR ADMIRAL DR. Paraguay is the second poorest country in an Eagle Scout. While in scouts, Travis has JOHN F. EISOLD South America—after only Bolivia. 30% of earned various awards which include: the Paraguayans live in poverty and 13% live in Bronze Palm, Arrow of Light Award, 50 Miler HON. IKE SKELTON extreme poverty. Paraguay’s inclusion as an Award, God and Country Religious Award, OF MISSOURI ATPA beneficiary country would allow the World Conservation Award and various others. IN THE HOUSE OF REPRESENTATIVES country to create well-needed jobs and reduce Travis is also a Member of Order of the poverty. Arrow—Brotherhood Level and completed the Wednesday, April 1, 2009 But, the U.S.-Paraguay Partnership Act of Den Chief Leadership training. Mr. SKELTON. Madam Speaker, let me 2009 is about much more than poverty reduc- The example set by this young man dem- take this opportunity to recognize the service tion. This bill will serve the dual purpose of re- onstrates the rewards of hard work, dedication of Dr. John F. Eisold, former Attending Physi- ducing poverty in Paraguay and enhancing the and perseverance. I am honored to represent cian of the United States Congress. From already strong relationship between our two Travis Jeske in the United States Congress. I 1994 to 2009, Dr. Eisold dedicated himself to countries. I visited President Lugo in Asuncion know that all of my colleagues join me in con- the medical welfare of the Members and staff in November, and he expressed to me his in- gratulating him on earning an Eagle Scout

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K01AP8.001 E01APPT1 jbell on PROD1PC69 with REMARKS April 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E837 ranking and wish him continued success in his To further this effort, my legislation also es- H. Van Buren Magonigle won a national ar- future education and career. tablishes a grant program aimed at broad- chitectural competition officiated by the Amer- f ening and strengthening the independence of ican Institute of Architects to further transform journalists and media organizations. Too often the Liberty Memorial idea into reality. On No- INTRODUCTION OF THE ‘‘DANIEL media assistance programs are short-term, vember 1, 1921, nearly 200,000 people wit- PEARL FREEDOM OF THE PRESS ranging from one year projects to weekend nessed the dedication of the site for the Lib- ACT OF 2009’’ workshops, and are buried as a second erty Memorial in Kansas City, Missouri. The thought under broader human rights programs. dedication marked the only time in history that HON. ADAM B. SCHIFF The Daniel Pearl Freedom of the Press Act of the five allied military leaders—Lieutenant OF CALIFORNIA 2009 will give prominence to freedom of the General Baron Jacques of Belgium, General IN THE HOUSE OF REPRESENTATIVES press projects within the State Department, Armando Diaz of Italy, Marshall Ferdinand Wednesday, April 1, 2009 and ensure a long-term, holistic approach to Foch of France, General John J. Pershing of Mr. SCHIFF. Madam Speaker, I rise today journalist and media development. the United States, and Admiral Lord Earl Please join me in this effort to promote free- to introduce the ‘‘Daniel Pearl Freedom of the Beatty of Great Britain, were together at one dom of the press worldwide. Press Act of 2009’’—legislation to highlight place. General Pershing echoed the signifi- and promote freedom of the press worldwide. f cance of the dedication by asserting, ‘‘[t]he In early 2002, Wall Street Journal reporter INTRODUCING A BILL TO DES- people of Kansas City, Missouri are deeply Daniel Pearl was kidnapped and murdered by IGNATE THE LIBERTY MEMO- proud of the beautiful memorial, erected in terrorists in Pakistan, just four months after 9/ RIAL AS THE NATIONAL WWI tribute to the patriotism, the gallant achieve- 11. Lured from his apartment, Daniel was on MEMORIAL AND TO ESTABLISH ments, and their heroic sacrifices of their sons his way to interview a Muslim fundamentalist THE WWI CENTENNIAL COMMIS- and daughters who served in our country’s when he was captured. Just two days before SION TO ENSURE A SUITABLE armed forces during the World War. It symbol- his abduction, Daniel had learned that his wife OBSERVANCE OF THE WWI CEN- ized their grateful appreciation of duty well Mariane was expecting a baby boy. Although TENNIAL done, an appreciation which I share, because four of the kidnappers were convicted in July I know so well how richly it is merited.’’ of 2002, seven other suspects, including those Shortly after its dedication, the Liberty Me- who allegedly helped murder Daniel Pearl, re- HON. EMANUEL CLEAVER morial was again distinguished during an Ar- OF MISSOURI main at large. mistice Day ceremony in 1926 when President Despite international outrage over this brutal IN THE HOUSE OF REPRESENTATIVES Calvin Coolidge marked the beginning of its murder, freedom of the press has continued to Wednesday, April 1, 2009 three-year construction project by laying the decline on a global scale. Mr. CLEAVER. Madam Speaker, today cornerstone of the memorial. In his dedication In 2006, Anna Politkovskaya, one of Rus- along with my colleagues, Representatives speech, President Coolidge declared that sia’s most prominent journalists, was shot AKIN, BLUNT, CARNAHAN, CLAY, EMERSON, ‘‘[. . .] the magnitude of this memorial and the dead in her apartment building. The investiga- GRAVES, LUETKEMEYER, and SKELTON, I am in- broad base of popular support on which it tive journalist, well known for her critical re- troducing a bill designating the Liberty Memo- rests, can scarcely fail to excite national won- ports of the Kremlin’s actions in Chechnya, is rial at the National World War I Museum in der and admiration [. . .].’’ A message on the widely believed to be the victim of a politically Kansas City, Missouri as the National World Liberty Memorial’s tower bears an inscription motivated contract killing. Anna Politkovskaya War I Memorial. This bill also establishes a that inspired its namesake: ‘‘In Honor of Those was the 13th Russian journalist murdered dur- Centennial Commission to ensure a fitting ob- Who Served in the World War in Defense of ing President Vladimir Putin’s administration. servance of the centennial of World War I. Liberty and Our Country.’’ Four stone ‘‘Guard- One month ago, a jury in Moscow acquitted The First World War extended through four ian Spirits’’ representing courage, honor, patri- three men charged with her murder. of the bloodiest years in world history. This otism, and sacrifice proudly perch above an Just two weeks ago, on March 17th, 2009, truly global conflict involved the world’s major observation deck, making the Liberty Memorial two American journalists were detained by the powers, mobilizing over 70 million military a noble tribute to all who served in World War North Korean authorities while reporting on the forces. The War to End All Wars ended with I. plight of North Korean refugees in China. an armistice on November 11, 1918 on the Undoubtedly, hundreds of thousands of peo- North Korea has accused the reporters of ille- Western Front in Europe, after approximately ple—since the memorial’s inception and even gally entering North Korea from China and has 16 million military and civilian deaths across today—regard the Liberty Memorial as a pow- stated the journalists will be indicted and tried the globe, including 375,000 American casual- erful symbol of and tribute to Americans who for suspected hostile acts. ties. The death and destruction of World War served in World War I. The grandeur and sig- Acts of violence against journalists continue I irrevocably impacted the lens through which nificance of the Liberty Memorial was recog- to rise in frequency, with very few of the at- people viewed the world: The optimism that nized by the 106th Congress as a national tacks resulting in prosecution. According to the initiated the early 1900s was swiftly sobered symbol of World War I. The Liberty Memorial Committee to Protect Journalists, in 2008 at by a consciousness that came to be known as that overlooks Kansas City extends far beyond least 41 journalists were killed in connection the Lost Generation. the Kansas City limits. The Memorial serves with their work, and 125 were imprisoned. As Many people, however, were determined to as a perennial reminder of and for all Ameri- the level of violence directed at the press con- make this generation a generation remem- cans who served our country during World tinues to rise, so too does the side effect of bered and honored. Concerned American citi- War I. self-censorship. Legal mechanisms are also zens in Kansas City, Missouri initiated a The evidence articulated above dem- increasingly being used to restrict the media, movement to erect a lasting and meaningful onstrates that the Liberty Memorial already is, both through overt censorship and through the monument to the men and women who served has been, and deserves to be regarded as a use of laws that forbid ‘‘endangering national and died for liberty in World War I. national tribute to World War I. This legislation security’’ or ‘‘inciting hatred’’ by commenting According to R.A. Long, the founding presi- aims to make official what so many people al- on sensitive or anti-government topics. dent of the Liberty Memorial Association, the ready consider to be the National World War Freedom of expression cannot exist where 217-foot Liberty Memorial was intended to rep- I Memorial. journalists and the media are not independent resent ‘‘on the part of all people, a living ex- While we look to the Liberty Memorial in re- and safe from persecution and attack. Our pression for all time of the gratitude of a grate- membrance of World War I, we likewise must government must promote freedom of the ful people to those who offered and who gave look to the upcoming World War I centennial, press by putting on center stage those coun- their lives in defense of liberty and our coun- to be honored in 2017. To ensure a proper ob- tries in which journalists are killed, imprisoned, try.’’ In 1919, the people of Kansas City, Mis- servance of the World War I centennial, this kidnapped, threatened, or censored. There- souri expressed an outpouring of support and legislation also aims to create a commission to fore, together with my colleague Congressman raised more than $2,000,000 in two weeks for be known as the World War I Centennial PENCE, I am introducing legislation which calls a memorial to the service of Americans in Commission. The Commission will promote upon the Secretary of State to submit an an- World War I. This fundraising was an accom- not only a suitable observance of the centen- nual report of on the status of freedom of the plishment unparalleled by any other city in the nial of World War I, but will also recognize the press worldwide, bringing attention to those United States and reflected the passion of values of honor, courage, patriotism, and sac- governments, extremists, and criminal groups public opinion about World War I, at the fore- rifice, in keeping with the representation of which seek to silence opposition. front of everyone’s memory. these values through the four Guardian Spirits

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K01AP8.002 E01APPT1 jbell on PROD1PC69 with REMARKS E838 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 sculpted on the Liberty Memorial Monument. of our residents and patients, and serve the and has expanded over the years while retain- The Commission will plan, develop, and exe- elderly, people with developmental disabilities, ing its family feel. It is now composed of three cute programs, projects, and activities to com- and those who live with chronic illness; people related programs dedicated to the health and memorate the centennial of World War I. With of all races, creeds, economic means and eth- well-being of older persons—independent liv- Kansas City, Missouri as its official host, the nic backgrounds. ing in both houses and apartments, assisted Commission will be composed of twenty-four This year’s Ball holds a unique and special living, and a skilled nursing facility which is members who will work together to facilitate honor—His Eminence Edward Cardinal Egan also open to the public. It is operated by and coordinate activities throughout the United will be acknowledged for his distinguished Friends Association of Services for the Elderly States to honor the Great War. leadership and great dedication in support of under the College Park Quarterly Meeting of Madam Speaker, it is with great pride that I compassionate and innovative care for some the Religious Society of Friends. wholeheartedly introduce this legislation to of the most frail and at-risk members of the It has been my pleasure to meet with the make official the historic, powerful, and unpar- New York community. residents of Friends House over the years. I alleled stature of the Liberty Memorial as the The Cooke Center will also honor The Hon- have found them to be a lively and engaged National World War I Memorial coupled with orable Louis J. Freeh and Barbara Boyle with group with a commitment to the progressive the establishment of the World War I Centen- their coveted Partnership Award, which recog- values we share. These caring values are evi- nial Commission to properly observe the nizes outstanding community leaders whose dent not only in the democratically run, close- World War I centennial. We owe the Liberty life work reflects the mission of the Center— knit community but also in the activism shared Memorial’s designation as the National World to reach out to the disenfranchised and give by many of its members. Residents and staff War I Memorial to the hundreds of thousands hope to those for whom others have given up are involved in volunteerism through The Art of people, including those who served our hope. of Giving Back program. Volunteers work in country in World War I, who have looked to Judge Louis J. Freeh has dedicated much over 30 nonprofit organizations, and the com- the Liberty Memorial as the interminable sym- of his life to serving others. As the former di- munity hosts educational and cultural sessions bol of sacrifice and sovereignty that continue rector of the FBI or through his personal ef- for the public. to shape our country. The World War I Cen- forts with local charitable institutions, Judge The care given to seniors by the staff at tennial Commission will further observe Amer- Freeh has consistently demonstrated his self- Friends House is often singled out for praise. ica’s historic commitment to freedom and ap- less commitment to those less fortunate. After One woman wrote movingly of her mother-in- propriately remember those who fought for our 13 years of committed service, Barbara Boyle law’s passing away ‘‘in the loving care of the country in the War to End All Wars. is retiring as National Executive Director and wonderful angels there.’’ She then asked them to send her love and say a prayer for the com- f CEO of the Huntington’s Disease Society of America. Ms. Boyle’s honor coincides with the fort of another family member at the facility APPLAUDING THE CONTRIBUTIONS 20 year anniversary of the Cooke Center’s who was not coherent but who had all the OF THE TERRENCE CARDINAL own Huntington’s Disease Unit. support she needed to make her last days COOKE HEALTH CARE CENTER Daniel Foxx, who serves on the Center’s something beautiful and special. AND THE MEMBERS OF THEIR Community Leadership and Development Ad- Madam Speaker, it is my honor to be able CRUSADE IN THE OCCASION OF visory Boards, will receive The Mary White to salute Friends House on its 25th anniver- THEIR ANNUAL FLOWER BALL Commitment Award, for his years of inspira- sary. I know that its residents and staff will tional volunteer service. His devotion, friend- continue to be a loving asset to our commu- HON. CHARLES B. RANGEL ship and support is an invaluable gift to the nity for years to come. OF NEW YORK residents of the Cooke Center. f IN THE HOUSE OF REPRESENTATIVES It is my honor to congratulate all the hon- TRIBUTE TO BOB BASTIAN Wednesday, April 1, 2009 orees, including His Eminence Edward Car- dinal Egan. Each has been a significant part- HON. BILL SHUSTER Mr. RANGEL. Madam Speaker, it is with ner in the overall improvement of the quality of OF PENNSYLVANIA great honor and enthusiasm that I rise to ac- life for all. I also salute the organizing com- IN THE HOUSE OF REPRESENTATIVES knowledge the contributions of The Terence mittee and members of the Cooke Center’s Cardinal Cooke Health Care Center and con- staff for its efforts in coordinating the Annual Wednesday, April 1, 2009 gratulate them for organizing its Annual Flower Flower Ball Benefit where many other mem- Mr. SHUSTER. Madam Speaker, I rise Ball Benefit Banquet on April 1, 2009. The Ball bers of their crusade will publicly be acknowl- today to salute the service of Former Pennsyl- is in support of its dedicated hard working edged. vania State Representative Bob Bastian of staff, team of volunteers, and most impor- Madam Speaker, I ask that you and my dis- Friedens, Somerset County, whose meri- tantly, the lives of the its many patients and tinguished colleagues join me in honoring and torious service to the Boy Scouts of America residents. I applaud the vitally important pro- congratulating The Terrance Cardinal Cooke has inspired multiple generations to benefit grams they conduct to improve access to Health Care Center for continuing to serve the from all that Scouting has to offer. health care for the medically needy and many residents of my district with the greatest chal- The Bastian family has a long tradition of under-served individuals in my congressional lenges such as children with disabilities, elder- service to the community through scouting. district. ly with severe medical needs, Huntington’s Bob’s father, Fred, his two sons, Scott and For the past three decades the Terence Disease patients, HIV/AIDS, as well as those Tim and four of his grandchildren are all mem- Cardinal Cooke Health Care Center has pro- who require outpatient primary care services. bers of the Boy Scouts. vided outstanding and compassionate care Their constant dedication and commitment in As an enthusiastic contributor to his commu- and treatment for the many community resi- providing quality health care with dignity and nity, Representative Bastian is active in the dents in my district. Since 1978, it has pro- compassion is worthy of the highest esteem. Penn Woods Council committee as well as a vided continuous comprehensive medical f member of the district committee for the treatment and skilled nursing care to infants, Scouts’ Forbes Trail District; and while many children, and young adults who are diagnosed HONORING FRIENDS HOUSE of his efforts to better his community have with developmental disabilities and demanding been realized as a product of his tenure as medical conditions. The center currently pro- HON. LYNN C. WOOLSEY State Representative from 1999 to 2009, his vides care and treatment for over 700 resi- OF CALIFORNIA lifetime commitment to excellence through dents in my district. Additionally, more than IN THE HOUSE OF REPRESENTATIVES scouting has and will continue to inspire boys 71,000 outpatient clinical services are pro- throughout Somerset. vided each year. Wednesday, April 1, 2009 Currently, Bastian is working to recognize The Cardinal Cooke Center’s approach to Ms. WOOLSEY. Madam Speaker, I rise the institution of scouting by chairing the quality medical care is what has allowed it to today to honor a wonderful establishment in Penn’s Woods Council’s Centennial Celebra- prosper into the 21st century of advanced Santa Rosa, California—Friends House. tion Committee. In looking back nearly one technology and medicine. The Center’s staff Friends House, a very special continuing care hundred years to the inception of the Boy respects the dignity of every human being and retirement community, is celebrating its 25th Scouts of America, I am confident that Mr. recognizes each individual’s potential to live anniversary April 24, 25, and 26. Bastian’s sixty years of exemplary perform- as independently as possible. They provide Conceived of in the late 1970s, Friends ance in scouting and in life are proof of what unique approaches to the care and treatment House opened to its first residents in 1984 all boys can achieve through scouting.

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AP8.009 E01APPT1 jbell on PROD1PC69 with REMARKS April 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E839 CALLING FOR ACTION ON DARFUR genocide advocates—will honor those who Kit, reside in Pasadena, CA in the 29th Con- AND TO PREVENT GENOCIDE were lost and those who survived. And we gressional District and he worked at the Los will urge immediate action to stop the ongo- Angeles County Metropolitan Transportation ing Darfur genocide. Authority for the past eight years, located in HON. JERROLD NADLER Our collective voices will remind the inter- the 34th Congressional District. OF NEW YORK national community to make its commit- Over the past 45 years, Roger has applied IN THE HOUSE OF REPRESENTATIVES ment to mass atrocity prevention absolute. Until we do, we are destined to repeat the tremendous skill and leadership to create bet- Wednesday, April 1, 2009 most shameful chapters in human history. ter public transportation systems for all of his communities. As a result, he has distinguished Mr. NADLER. Madam Speaker, I rise today Advocacy Project, Aegis Trust, Ameri- cans Against the Darfur Genocide, Ar- himself as one of the Nation’s foremost ex- to call attention once again to the crisis in menian Assembly of America, Amer- perts and practitioners in the transportation Darfur and to thank the Genocide Prevention ican Jewish World Service, Armenian sector. He began his transportation career in Project, Darfur advocates, and survivors of National Committee of America, Arme- 1965 as a planner for the TriCounty Regional past genocides who have come together to nian National Committee of Canada, Planning Commission in Akron, Ohio. He then mark this April as Genocide Prevention Month Armenian Youth Federation, Eastern USA, Awareness Unlimited, Bronfman moved on to work for Akron’s Metro Transit in order to raise critical awareness. district in 1971. And in 1973, Roger moved to In April 2009, the slaughter in Darfur will Center for Jewish Student Life at NYU, Cambodian Americans for Human California and worked his way through the enter its seventh year. During that time rough- Rights and Democracy (CAHRAD), Ca- ranks of planning and scheduling to be the ly 450,000 have been killed and more than nadians Against Slavery and Torture President and General Manager of the San two million displaced. It is an international dis- in Sudan, Center for Social Develop- Diego Transit Corporation. grace that on this April anniversary of the start ment (Phnom Penh, Cambodia), Colo- Always wanting to challenge himself, Roger of the genocide, the people of Darfur are suf- rado Coalition for Genocide Awareness went on to serve as President and Executive fering more than ever. Just recently thirteen and Action, Council for Prejudice Re- Director of the Dallas Area Rapid Transit Dis- international aid organizations were expelled duction, Citizens for Global Solutions, Damanga Coalition for Freedom and trict (DART) for seven and a half years. In from the area, severing the final lifeline. It is Democracy, Darfur Alert Coalition, 2001, Roger was appointed to serve as Chief imperative that they be allowed to return. Dear Sudan, Do Something, Dream for Executive Officer for the Los Angeles County Along with Darfur, past civilian slaughters Darfur. Metropolitan Transportation Authority (Metro), similarly mark anniversaries in April. These in- Educating Against Prejudices, Bosnian a multimodal transportation agency respon- clude the tragedies of the Holocaust, Rwanda, Library at the Conrard Sulzer Public sible for bus and rail operations, planning and Bosnia, Cambodia, and Armenia. With this sig- Library of Chicago, Foundation Rwan- construction in Los Angeles County. During nificance of April in mind, survivors of atrocity da, FRA Nor Seround—Nouvelle his seven and a half years at Metro, Roger Ge´ne´ration Arme´nienne, Generations crimes have untied with advocates to observe of the Shoah International, Genocide has guided the agency through successful Genocide Prevention Month this month—as a Intervention Network, Genocide Pre- openings of the Metro Gold and Orange Lines, way to remind the world of its responsibility to vention Project, Genocide Watch, introduced scores of popular Metro Rapid the people of Darfur and to protect other civil- Great Rainbow, I Stop Genocide, Lines, and seen Metro named ‘‘America’s best ian populations under threat. In April, sur- IBUKA, Institute for the Study of large transit agency.’’ He also co-founded the vivors, and their descendents and supporters, Genocide, International Association of Mobility-21 Coalition and was instrumental in Genocide Scholars, Investors Against 1 will honor their dead with more than one hun- the passage of Measure R, a ⁄2 cent sales dred events. The plea at these events will be Genocide, Kentuckiana Interfaith tax that will fund a comprehensive package of Taskforce on Darfur, Khmer Legacies, for protection for the people in Darfur and an Kigali Genocide Memorial Centre, Jew- new transit, street and highway improvements effective global genocide prevention system. ish Community Relations Council of in Los Angeles County for the next 30 years. To launch the month-long commemoration, the Greater Miami Jewish Federation, Roger has won numerous awards through- more than sixty survivor and anti-genocide or- Liquidnet Holdings, Massachusetts Co- out his transportation career. The American ganizations from around the world have alition to Save Darfur, Minnesota Public Transportation Association (APTA) signed the following statement: Interfaith Darfur Coalition, Miracle named Snoble ‘‘Transit Manager of the Year’’ Corners of the World, Mothers of ‘‘Remarkably, six genocides have major in 1998. Under his leadership, Metro was Srebrenica. named by APTA as ‘‘Outstanding Public anniversaries in the month of April—a tragic New Jersey Commission on Holocaust testament to the international community’s Education, New Jersey Responds to the Transportation System’’ in 2006, and DART inexcusable failure to stop inhuman and bar- Crisis in Darfur Coalition, Pittsburgh was cited by APTA as the ‘‘Transit Agency of barous acts. Darfur Emergency Coalition, Public In- the Year’’ in 1997. This April, we—survivors of genocide and terest Projects, Righteous Pictures, Although we know Roger primarily through mass atrocities, their descendants, and anti- Save Darfur Coalition, Second Genera- his role in transportation, Roger and his wife, genocide advocates—will honor those who tion of Los Angeles (Children of Holo- Kit, are founding members of the African Con- were lost and those who survived. And we caust Survivors), Society for Threat- servation Fund, which assists communities in will urge immediate action to stop the ongo- ened People, South African Holocaust ing Darfur genocide. the East Africa in creating economic opportu- Foundation, Southeast Asia Resource nities that result in improved wildlife manage- Our collective voices will remind the inter- Action Center, Southern Sudanese national community to make its commit- Voice for Freedom, STAND, Stop Geno- ment and wealthier and healthier communities. ment to mass atrocity prevention absolute. cide Now, Survivors Fund (SURF), The In addition, Roger has served on the boards of Until we do, we are destined to repeat the Center for Holocaust and Humanity the San Diego Zoo, Dallas Zoological Associa- most shameful chapters in human history.’’ Education, The Sparks Fly Upward tion and the Greater Los Angeles Zoo Asso- I now would like to enter into the CONGRES- Foundation, Three Generations, UN ciation. He recently joined the Living Desert Watch, Voice of Witness, Youth Initia- SIONAL RECORD a copy of this statement along Zoo and Gardens in Palm Desert, CA. tive for Human Rights. with a list of the organizations that have Through these experiences, Roger has a vast signed it. I want to thank all of those involved f photojournal library that will continue to expand in his retirement as he leads safaris to in this effort. Their work is critical in making A TRIBUTE TO ROGER SNOBLE sure people never forget the human suffering educate communities about the importance of in Darfur and commit themselves to preventing conservation as well as economic develop- or stopping genocide, wherever and whenever HON. ADAM B. SCHIFF ment opportunities in surrounding areas. He it may occur. OF CALIFORNIA also has extended his photojournalist editing skills to many local non-profits as another ex- GENOCIDE PREVENTION MONTH STATEMENT IN THE HOUSE OF REPRESENTATIVES ample of his passion to help others. Remarkably, six genocides have major an- Wednesday, April 1, 2009 We extend our warm congratulations and niversaries in the month of April—a tragic testament to the international community’s Mr. SCHIFF. Madam Speaker, I rise today, appreciation to Roger and his wife Kit for Rog- inexcusable failure to stop inhuman and bar- along with Congresswoman LUCILLE ROYBAL- er’s tireless service to the public transportation barous acts. ALLARD, to celebrate the 45-year transpor- communities in Akron, OH, San Diego, CA, This April, we—survivors of genocide and tation career of Roger Snoble, who will retire Dallas, Texas and Los Angeles County and mass atrocities, their descendants, and anti- on April 8, 2009. Roger Snoble, and his wife wish him well in retirement.

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AP8.013 E01APPT1 jbell on PROD1PC69 with REMARKS E840 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 INTRODUCTION OF H. RES. 313, sewer overflows and sanitary sewer overflows, the challenges of military acquisition and pro- SUPPORTING THE GOALS AND and grants for projects to remediate contami- curement ever since. IDEALS OF NATIONAL PUBLIC nated sediment in the Great Lakes areas of It is through the commitment and sacrifice of WORKS WEEK concern. The bill also provides a uniform, na- Americans like Mr. Mike Jaggard that our national standard for monitoring, reporting, and tion is able to continue upon the path of de- HON. JAMES L. OBERSTAR public notification of municipal combined mocracy and strive for the betterment of man- sewer overflows and sanitary sewer overflows. kind. I am proud, Madam Speaker, as a fellow OF MINNESOTA I strongly support investment in our Nation’s Virginian, to thank him and his family for his IN THE HOUSE OF REPRESENTATIVES infrastructure, as well as the men and women long and honorable service to our nation. On Wednesday, April 1, 2009 who keep our public works, quite simply, work- behalf of the citizens of Virginia’s Eighth Con- Mr. OBERSTAR. Madam Speaker, I intro- ing. gressional District, I wish him fair winds and following seas as he concludes a distin- duce H. Res. 313, supporting the goals and f ideals of National Public Works Week, and for guished career. TRIBUTE TO MR. MICHAEL F. other purposes. National Public Works Week f is celebrated for a full week each May to cele- JAGGARD brate our public works professionals and the A TRIBUTE TO HEARTLAND important work that they do to keep our coun- HON. JAMES P. MORAN HONOR FLIGHT ORGANIZERS try running smoothly. OF VIRGINIA May 17 through May 23, 2009 will recognize IN THE HOUSE OF REPRESENTATIVES HON. LEE TERRY the many duties that public works profes- OF NEBRASKA Wednesday, April 1, 2009 sionals—those who design, build, operate, IN THE HOUSE OF REPRESENTATIVES maintain and protect transportation systems, Mr. MORAN of Virginia. Madam Speaker, I Wednesday, April 1, 2009 water supply infrastructure, sewage and refuse rise today to honor Mr. Michael F. Jaggard, disposal systems, public buildings, and other Captain, USN (RET), who is retiring after more Mr. TERRY. Madam Speaker, I rise today to structures and facilities—perform to enhance than 41 years of faithful service to our Nation, pay special tribute to four of my constituents communities and our nation. as both a military officer and career civilian who have touched the hearts of countless Public works keep our society functioning: employee. He has offered selfless dedication members of the ‘‘Greatest Generation’’ and providing buildings that house vital govern- to which we are all grateful. their families. ment offices, and giving our country rail, high- In 1967, Mr. Jaggard began his federal ca- Bill and Evonne Williams and John and ways, airports, and public transit to move reer in the United States Army as an Infantry- Connie Liebsack organized the Heartland goods and passengers. man, serving with the 11th Armored Cavalry Honor Flight program a few years ago. Since Similarly, public works help maintain public Regiment in the Republic of Vietnam from 2008, in conjunction with the Nebraska Vet- health: providing systems for waste and sew- January 1968 to January 1969. Upon his re- erans of Foreign Wars, five separate flights of age disposal, while supplying us with crucial lease from active duty, Mr. Jaggard returned nearly 750 World War II veterans have been water for our homes, businesses, and agri- to civilian life and earned a Bachelor of Arts brought to Washington, D.C. to visit the Iwo culture. Pipelines safely transport natural gas degree from Texas A&I University in 1971. Jima Memorial in Arlington and the World War and hazardous liquids through 2,300,000 miles Mr. Jaggard continued his government serv- II Memorial on the National Mall. By the end of pipelines throughout the country. ice by enlisting in the United States Navy in of this April, another 750 veterans will have Many people take for granted our public 1973. Upon graduating from Officer Candidate made an Honor Flight visit to Washington, and works, recognizing their importance only when School and until 1977, he served as the Sup- there are still veterans on a waiting list. problems are encountered. When water supply ply Officer aboard the USS Will Rogers (SSBN These men and women, most of who are is not efficient, when infrastructure crumbles, 659). He subsequently worked as an instructor seeing the World War II Memorial for the first and when accidents in moving transportation at the Navy Supply Corps School in Athens, time, are often moved to tears as they recall occur, we are then forced to reflect on what Georgia, and in 1979 he served as Assistant their war time experiences in Europe and the needs to be invested in the larger public works Supply Officer aboard the USS Emory S. South Pacific and the comrades they knew sector of our economy. Land. Upon completion of that tour in 1981, he who sacrificed for our liberty and freedom. The ‘‘2006 Status of the Nation’s Highways, attended the Navy Postgraduate School where Many of them, for the first time, open up to Bridges, and Transit: Conditions and Perform- he earned a Masters of Science in Manage- their loved ones about how their service to our ance’’ report by the Department of Transpor- ment degree. Nation has affected them and their lives all tation confirms that investment in the Nation’s After graduate school, Mr. Jaggard became these years. highway, bridge, and transit infrastructure has a Principal Contracting Officer at the Naval Madam Speaker, it is important to note that not kept up with the growing demands of the Sea Systems Command for four years. From this undertaking is entirely underwritten by pri- system. 1986 through 2001, he continued his federal vate donations. Airfare, meals, and medical The 111th Congress has worked to aggres- career completing many successful tours in assistance are provided free to these vet- sively address our critical transportation and the Navy, assuming various leadership roles erans—nearly $1 million has been raised so infrastructure needs. In February, Congress that have taken him across the world. He far. Across America, we lose more than 1,000 enacted the American Recovery and Reinvest- served as the Executive Officer and Com- WWII veterans each day so it is vital those ment Act of 2009 (P.L. 111–5) (‘‘Recovery manding Officer of the Naval Regional Con- who are still among us have an opportunity to Act’’), which provides $64.1 billion of infra- tracting Center, Philadelphia; Submarine Sup- visit the Memorial. The Honor Flight network structure investment to enhance the safety, ply Support Officer to the Commander Sub- has the goal to bring 25,000 WWII veterans to security, and efficiency of our highway, transit, marine Force, US; Supply Officer aboard the the Memorial in 2009. How has this been ac- rail, aviation, environmental, inland waterways, USS Orion home ported in La Maddalena, complished? Through the hard work, dedica- public buildings, and maritime transportation Italy; Commander, Defense Contract Manage- tion and compassion of people like Bill and infrastructure. The $64.1 billion of Federal ment Command, United Kingdom; and Deputy Evonne Williams and John and Connie transportation and infrastructure investment Commander for Contracts at the Naval Sea Liebsack. will create or sustain more than 1.8 million Systems Command. It is an honor for me to come to this floor jobs and $323 billion of economic activity. On October 1, 2001, Mr. Jaggard retired and pay tribute to Bill, Evonne, John and In addition, in March, the House passed from the Navy as a Captain. Upon retirement Connie and the many other volunteers from H.R. 1262, the ‘‘Water Quality Investment Act he was appointed to the Senior Executive Nebraska who have gone the extra mile to ful- of 2009’’. H.R. 1262 significantly increases Service in the civilian ranks and served as the fill the dreams of WWII veterans. I congratu- funding for capitalization grants to States for Chief of Staff/Policy to the Deputy Assistant late them on their achievements and I call on state water pollution control revolving funds, Secretary of the Navy for Acquisition & Logis- all of my colleagues to offer them encourage- grants for alternative water source projects to tics Management in the Office of the Assistant ment and support as they continue to bring as meet critical water supply needs, grants to Secretary of the Navy for Research, Develop- many veterans as possible to Washington in municipalities and States to control combined ment and Acquisition. He has been taking on the coming months.

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AP8.015 E01APPT1 jbell on PROD1PC69 with REMARKS April 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E841 THE COMMUNITY ORIENTED POL- the Technology Grants Program. The Troops- hoods to build relationships with residents, ICY SERVICES (COPS) IMPROVE- to-Cops Program would fund the hiring of identify the sources of crime problems, and MENT ACT OF 2009 former members of the Armed Forces to serve solve them before they get worse. The suc- as law enforcement officers in community-ori- cess of the COPS approach to policing is de- HON. SHEILA JACKSON-LEE ented policing, particularly in communities ad- pendent upon the relationships built between OF TEXAS versely affected by recent military base clos- the police and the members of the commu- IN THE HOUSE OF REPRESENTATIVES ings. nities they serve. The Community Prosecutors Program would Because the success of the COPS ap- Wednesday, April 1, 2009 authorize the Attorney General to make grants proach to policing is dependent upon the rela- Ms. JACKSON-LEE of Texas. Madam for additional community prosecuting programs tionships built between the police and the Speaker, thank you, Chairman CONYERS for that would, for example, assign prosecutors to members of the community it served, I am of- holding today’s very important Markup on H.R. pursue cases from specific geographic areas fering an amendment. 1139, the Community Oriented Policy Services and to deal with localized violent crime, H.R. 1139 requires that the Attorney Gen- (COPS) Improvement Act of 2009. The COPS among other crimes. eral shall provide for a scientific study of the program was designed to help bring about The Technology Grants Program would au- effectiveness of the programs, projects, and fundamental changes in policing by drawing thorize the Attorney General to make grants to activities funded under this Act in reducing officers closer to the citizens they protect. develop and use new technologies to assist crime. The study is to be completed within And, in scores of communities across the na- State and local law enforcement agencies re- four years of enactment of this bill. tion, the COPS program did just that. orient some of their efforts from reacting to My amendment specifically requires that: The idea of community policing is to get crime to preventing crime. ‘‘Such study shall include identified best away from the traditional ‘‘call and response’’ The investment in COPS through the Re- practices for community policing that have model, in which officers run from one emer- covery Act although crucial is a one-time in- demonstrated results in building and strength- gency call to the next. It involves sending offi- vestment limited to the purpose of hiring offi- ening the relationships between police depart- cers into the streets and into the neighbor- cers. The reauthorization of COPS is nec- ments and the communities such departments hoods to build relationships with residents, essary for the program to continue past the in- serve.’’ identify the sources of crime problems, and vestment of the Recovery Act. Reauthorization The requirement that the study identify ‘‘best solve them before they get worse. The suc- is also necessary so that the COPS program practices’’ in community policing is important cess of the COPS approach to policing is de- can include the innovative aspects of the pro- because the enumeration of these best prac- pendent upon the relationships built between gram as explained above. tices will serve as an unequivocal benchmark the police and the members of the commu- The Houston area has made great strides in by which the successes of the COPS program nities they serve. reducing crime. I am confident that with pro- can be measured. Since 1995, COPS has awarded more than grams like COPS Houston can better combat These ‘‘best practices’’ would establish $10 billion to advance community policing, in- crime. bright line rules to analyze community policing cluding grants awarded to more than 13,300 CRIME STATISTICS and the derogation of which will require restate, local, and tribal law enforcement agen- According to Houston Police Department tooling and adjustment of the community polic- cies to fund the hiring and redeployment of statistics: ing measures involved. Moreover, the Attorney nearly 117,700 officers. In addition to funding VIOLENT CRIMES General is in the best position to complete this law enforcement positions, the Office of Com- Violent crimes in Houston increased less study and certainly is in the best position to munity Policing Services has been the catalyst than 1 percent in 2008 compared with 2007. determine what constitutes ‘‘good’’ community for innovations in community policing and Homicides dropped by 16 percent. policing. My amendment would support and broad implementation of effective law enforce- The number of homicides dropped from 353 strengthen the development of good commu- ment strategy. Presently, departments that in 2007 to 295 last year. nity policing methods. I urge my colleagues to employ community policing serve 87 percent Sexual assaults increased more than 8 per- support my amendment in its entirety. of American communities. cent from 2007. f On March 16, 2009, U.S. Attorney General Aggravated assaults increased at 9.1 per- TRIBUTE TO THE DISTINGUISHED Eric Holder announced that the Department of cent. Justice will be accepting applications for $1 FLYING CROSS SOCIETY DOMESTIC VIOLENCE billion in Recovery Act Funds for the COPS Of the 1,092 additional aggravated assault program. Approximately 5,500 law enforce- cases in 2008, more than half were reports of HON. KEN CALVERT ment officer jobs will be created or saved in domestic violence. OF CALIFORNIA law enforcement agencies across the country IN THE HOUSE OF REPRESENTATIVES through funding provided by the Department of NONVIOLENT CRIMES Wednesday, April 1, 2009 Justice. Nonviolent crimes declined more than 10 Recently, the American Recovery and Rein- percent in 2008. Mr. CALVERT. Madam Speaker, I rise today vestment Act of 2009, H.R. 1, included $4 bil- Property crimes dropped by more than 10 to honor and pay tribute to a group of individ- lion in Department of Justice grant funding to percent. uals whose dedication and contributions to the enhance state, local, and tribal law enforce- Auto thefts decreased last year, dropping military community of Riverside, California are ment efforts, including the hiring of new police more than 21 percent to 15,214, down from exceptional. Riverside has been fortunate to officers, to combat violence against women, 19,465 in 2007. have dynamic and dedicated military commu- and to fight against internet crimes against While Houston has made great strides in nity leaders who willingly and unselfishly give children. combating crime, more must be done to en- their time and talent and make their commu- Similar to Edward Byrne Justice Act Grant sure the safety of Houstonians in their com- nities a better place to live and work. The Dis- (JAG) awards, Recovery Act funds that are munities and their respective neighborhoods. I tinguished Flying Cross Society (DFCS) is authorized for COPS can also be used to hire believe that the COPS program will be of ben- such a group and I wholeheartedly support new officers or rehire recently laid off officers, efit to the people of the 18th Congressional their efforts to build a National Distinguished fill unfunded vacancies and help prevent District as well as other communities in Texas Flying Cross Memorial at the March Field Air scheduled layoffs within law enforcement and in communities around the United States. Museum (MFAM). This monument will ‘‘perpet- agencies. AMENDMENT uate the memory of those persons who have COPS funds are allocated directly to the The COPS program was designed to help been and those who will receive the Distin- local level governments and law enforcement bring about fundamental changes in policing guished Flying Cross.’’ agencies and provide a three-year period of by drawing officers closer to the citizens they I am honored to represent Air Force Village funding. protect. And, in scores of communities across West (AFVW), a ‘‘Continuing Care Retirement Specifically, H.R. 1139, the ‘‘COPS Im- the nation, the COPS program did just that. community’’ (CCRC) that is home to and also provements Act of 2009,’’ reinvigorates the The idea of community policing is to get provides medical care for over 680 retired mili- COPS program’s ability to accomplish its crit- away from the traditional ‘‘call and response’’ tary officers, their wives and widows. All the ical mission by establishing three grant pro- model, in which officers run from one emer- Services are represented among the resi- grams: (1) the Troops-to-Cops Program, (2) gency call to the next. It involves sending offi- dents: Army, Navy, Air Force, Marines, Coast the Community Prosecutors Program, and (3) cers into the streets and into the neighbor- Guard, Public Health Service and NOAA.

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.018 E01APPT1 jbell on PROD1PC69 with REMARKS E842 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 Eighty residents of the Village, who were fly- I commend Mirah on her role in founding K– 1953, returning to Pakistan in 1971 as a con- ers in their active duty days, organized the In- 9 Lifesavers and for providing the organization sultant and receiving a fellowship there in land Empire Chapter of the Distinguished Fly- with the leadership it needs to become a suc- 1977 through the U.S. Department of Health, ing Cross Society which is the primary spon- cessful endeavor. Education, and Welfare to Pakistan. sor of the memorial. These members were Every dog that is rescued ends up in a lov- He cemented his trailblazing status by be- awarded this prestigious medal under the Act ing home with a family that would otherwise coming Commissioner of Welfare for New which provided the award ‘‘to any person be incomplete. In these tough economic times, York City in 1959, the only African American while serving in any capacity with the Air families need a source of comfort, their chil- and social worker to serve in that post in the Corps of the Army of the United States, in- dren need a source of joy, and just about ev- country. He wielded his talents and skill to as- cluding the National Guard and the Organized eryone can use a bit of loyalty and compan- sist Presidents Kennedy and Johnson as an Reserves, or with the United States Navy ionship. advisor, serving on various advisory commis- since the 6th day of April 1917 has distin- Mirah is one of the founding partners and sions, including the Parents Commission on guished, or who, after the approval of this Act, Executive Director of K–9 Lifesavers, an all- Narcotics and Drug Abuse. He did not retire distinguishes himself by heroism or extraor- volunteer 501(c)(3) headquartered in Virginia. until the spritely age of 97, channeling his dinary achievement while participating in aerial K–9 Lifesavers is a unique dog rescue. It is vigor and youthful spirit as New York City’s flight.’’ Among recipients are the 1st recipient dedicated to rescuing dogs who face certain Health Service Administrator and Chairman of of the medal Captain Charles L. Lindbergh, euthanasia in high kill shelters across the the Health and Hospitals Corporation begin- former President George H. W. Bush, former Eastern seaboard. Unlike most rescues, K–9 ning in 1990, and teaching at Fordham Univer- South Dakota Governor Joe Foss, Brig Gen. Lifesavers does not turn away dogs that need sity up until 2006. Jimmy Doolittle and the founder/organizer of special medical care before they can be May this Congress today note, applaud, and the Air Force Village West retirement home, adopted, like heartworm positive dogs or dogs send its gratitude for the contributions of Dr. General Curtis Le May. with orthopedic problems. Instead, K–9 raises Dumpson, and send him warm birthday wish- The memorial is a cooperative effort be- the money needed to be sure the dogs are es. tween the Air Force Village West Chapter, the healthy on their way to adoptive homes. f March Field Air Museum, and the new DFCS How proud I am of Mirah Horowitz and all Chapter. MFAM is located at March Air Re- her extraordinary accomplishments. K–9 Life- IN MEMORY OF GURNIE C. serve Base (MARB) which hosts the C–17As savers bears her indelible marks of compas- GUNTER, COLONEL of the 792nd Air Mobility Wing (AMW) in addi- sion and caring, and we are all grateful for her tion to KC–135s, and C–130s. The Air Na- leadership. HON. IKE SKELTON tional Guard also has a detachment of F–16s. f OF MISSOURI The Memorial will be available to thousands of IN THE HOUSE OF REPRESENTATIVES CELEBRATING DR. JAMES visitors each year and while viewing the static Wednesday, April 1, 2009 display at MFAM, visitors will be frequently DUMPSON’S 100 YEARS AND HIS treated to an operational air unit providing IMPRESSIVE RECORD OF PUBLIC Mr. SKELTON. Madam Speaker, it is with support to our troops in Iraq. Every year, SERVICE sadness that I inform the House of the death MFAM has a front row seat to the MARB air of Gurnie C. Gunter, Colonel, United States show, which frequently features the Air Force HON. CHARLES B. RANGEL Army (Ret.) of Kansas City, Missouri. Thunderbirds. It is a fitting place to honor the OF NEW YORK Col. Gunter was born in Oklahoma City, many aviators who have distinguished them- IN THE HOUSE OF REPRESENTATIVES Oklahoma, and graduated from Lincoln Uni- versity with a B.S. Degree in Biology. In addi- selves by deeds performed in aerial flight. The Wednesday, April 1, 2009 monument will be topped by a model of the tion to his B.S. degree, Col. Gunter received Loening OA–1A amphibian aircraft, which was Mr. RANGEL. Madam Speaker, I rise today both a bachelor’s and master’s degree in civil flown on the Pan-American Goodwill Flight of in honor of Dr. James Dumpson, a preeminent engineering from the University of Illinois, a 1926. The ten aviators who flew this mission social activist of outstanding character and a master’s degree in military science from the were the first recipients of the Distinguished transformative life’s work, who turns one hun- Command and General Staff College, a mas- Flying Certificate from President Calvin Coo- dred years of age on April 5, 2009. This public ter’s degree in business administration man- lidge. servant of notable and illustrious record—who agement from Shippensburg University, as Madam Speaker, it is truly an honor to rep- in 1959 became the only African American well as graduating from the United States resent Air Force Village West, the Distin- Commissioner of Welfare in the country—is a Army War College, Carlisle Barracks, PA. guished Flying Cross Society and to lend my quiet hero of our movement for Civil Rights In 1955, Col. Gunter was commissioned as support to the efforts to build a National Distin- and racial equality. He is a gentle man of a Second Lieutenant in the United States guished Flying Cross Memorial at the March forceful voice and conviction, agitating on be- Army. While in service, Col. Gunter served in Field Air Museum. half of children, the elderly, and the impover- a variety of command and staff positions in- ished in New York for 60 years, his country for cluding engineer instructor at the U.S. Military f 80 years—and we are all the better for it. A Academy at West Point and retiring as a TRIBUTE TO MIRAH HOROWITZ modern-day Renaissance man, Dr. Dumpson’s member of the U.S. Army of Engineer Crops long-distinguished activism touches the fields in 1984. HON. ANNA G. ESHOO of health, education, social justice, and aca- Outside of the military, Col. Gunter was an OF CALIFORNIA demia. He is a familiar, popular, and pio- active participant in the community. He was a IN THE HOUSE OF REPRESENTATIVES neering leader in New York and in the African member of the Lincoln University board of cu- American community; an icon who worked rators, chairman of the board of the Health Wednesday, April 1, 2009 tirelessly on behalf of others. Care Foundation of Greater Kansas City, Ms. ESHOO. Madam Speaker, I rise to He earned a teaching certificate in 1932 member of the board of the Heartland Pres- share a story about my constituent, Mirah from the Chaney Normal School, a B.A. de- byterian Center, vice president of the Swope Horowitz. I have known Mirah since she was gree from Temple University in 1934, an M.A. Ridge Geriatric Center, moderator of Heart- 5 years old and have watched her grow from degree from Fordham University, and his land Presbytery, chapter president of the a gregarious young girl into a dedicated public Ph.D.—when he was henceforth known as Greater Kansas City American Red Cross, servant. She served as a Clerk on the 9th Cir- ‘‘Dr. D.’’—from the University of Dacca in chairman of the Linwood-downtown YMCA, cuit Court of Appeals; as a Clerk in the United Ghana. Dumpson has throughout his life president of the Ivanhoe Club, chairman of the States Supreme Court; and as a key staffer served as a teacher to others, teaching ele- Kansas City Area Employer Support of Guard for both Senators KERRY and MENENDEZ. mentary school for two years as a young man, and Reserves, past president of the Mid- Now she has found a way to serve the pub- and later, beginning as a Visiting Associate westerners Club of Kansas City, and active lic by helping find dogs for families who want Professor at Fordham University in 1957 and member of the Presbyterian Church USA. them. Dog rescue is often viewed through the returning a decade later as Dean of the Grad- For his outstanding military and civic work, lens of saving the lives of dogs, but this is not uate School of Social Work, with the faculty Col. Gunter has been honored with numerous the only thing Mirah sees in her work . . . she rank of professor. He served as a United Na- awards, which include the Association of Met- is helping to enhance families and bring joy to tions Advisor and Chief of Training in Social ropolitan Sewer Districts Distinguished Per- them. Welfare to the government of Pakistan in formance Award, the American Society of Civil

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.021 E01APPT1 jbell on PROD1PC69 with REMARKS April 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E843 Engineers Lifetime Achievement Award, the active member of the Eldora Boy Scout Troop action group consisting of several fraternities Citizen of the Year Award from Omega Psi Phi 334, today. He has completed over 50 merit and sororities and other student organizations, Fraternity, Inc., the American Public Works badges; 12 of which are required to become which was successful in helping to secure fed- Association Heart of America Award, and Kan- an Eagle Scout. While in scouts, Bradley has eral legislation for the right of students to as- sas City Globe’s 100 Most influential African earned various awards which include: the sociate freely. This legislation became federal Americans. Bronze Palm, Arrow of Light Award, 50 Miler law and remains a source of law vital to the Madam Speaker, Col. Gurnie C. Gunter was Award, God and Country Religious Award, success of all student organizations today in an honorable officer in the military and influen- World Conservation Award and various others. their most critical area of operation, member- tial leader in the Kansas City community. I am Bradley is also a Member of Order of the ship recruitment. certain that the members of the House will join Arrow—Brotherhood Level and completed the Mr. Orians has also been a strong advocate me in extending their heartfelt condolences to Den Chief Leadership training. within Pi Kappa Alpha for the benefits of mem- his family and friends. He will be greatly The example set by this young man dem- bership in the North American college frater- missed. onstrates the rewards of hard work, dedication nity. He has attended countless meetings as an advocate for their membership and is fre- f and perseverance. I am honored to represent Bradley Young in the United States Congress. quently consulted for his expertise in the field. ADJUSTING BOUNDARIES OF ROO- I know that all of my colleagues join me in He has also been a key point-person on the SEVELT NATIONAL FOREST IN congratulating him on earning an Eagle Scout efforts to lobby Congress to pass the Colle- COLORADO ranking and wish him continued success in his giate Housing and Infrastructure Act, person- future education and career. ally walking the halls each year and also mak- HON. BETSY MARKEY ing certain that Pi Kappa Alpha is well rep- f resented. OF COLORADO EARMARK DECLARATION At Pi Kappa Alpha’s 2008 International Con- IN THE HOUSE OF REPRESENTATIVES vention, Mr. Orians announced that he would Wednesday, April 1, 2009 HON. ROSCOE G. BARTLETT be retiring from his post as Executive Vice President & CEO, a position he has held for Ms. MARKEY of Colorado. Madam Speaker, OF MARYLAND 25 years. Prior to that, he also served as the I rise today to introduce legislation to adjust IN THE HOUSE OF REPRESENTATIVES chief housing officer for Pi Kappa Alpha for 15 the boundaries of the Roosevelt National For- Wednesday, April 1, 2009 years. In tribute to his service to Pi Kappa est in Colorado to exclude 7 acres of the Alpha, Mr. Orians was honored with his Fra- Crystal Lakes Subdivision. In 2006, the Forest Mr. BARTLETT. Madam Speaker, pursuant to the Republican Leadership standards on ternity’s Loyalty Award in 2004 and Distin- Service notified Crystal Lakes landowners bor- guished Achievement Award in 2008. In rec- dering the Roosevelt National Forest that due earmarks, I am submitting the following information regarding earmarks I received as part ognition that he is a true source of inspiration to an inaccurate 1975 land survey, parts of in the pursuit of excellence by undergraduate their properties were within federal land. Land- of H.R. 1105, Omnibus Appropriations Act 2009. members and chapters, he will forevermore be owners were advised they could buy the land the namesake of Pi Kappa Alpha’s Chapter from the Forest Service at market value. This Bill Number: H.R. 1105 Legal Name of Requesting Entity: Maryland Excellence Award. It is awarded annually to is simply unacceptable. These property own- Federal Services Fellows the top 10–15% of Pi Kappa Alpha chapters. ers already bought their property in good faith Address of Requesting Entity: 2130 Mitchell Mr. Orians’ personal and professional and paid taxes on it. Many of the Crystal Building, College Park, MD 20742 achievements throughout his career have Lakes subdivision landowners have owned Description of Request: The funds would be been outstanding by every measurement. He their property for over twenty years. Some used for develop and administer a public serv- presided over the establishment of 67 new Pi even for 30 years. While we in the west re- ice fellowship program. The progress will in- Kappa Alpha chapters at institutions of higher spect the need for open space and national fuse an elite corps of students/graduates into learning throughout North America which in- parks, the Crystal Lakes landowners should the civil service. cluded more than 100,000 new members not be penalized for a mistake the federal gov- being brought into its ranks. Under his leader- ernment has waited for over thirty years to f ship, a new Pi Kappa Alpha Memorial Head- rectify. For the federal government to ask RECOGNIZING THE RETIREMENT quarters was constructed and dedicated in these landowners to purchase land they al- OF PI KAPPA ALPHA FRATER- 1988, with a new Gold Star Memorial dedi- ready bought is unconscionable. I encourage NITY CHIEF EXECUTIVE OFFICER cated on August 1, 2008 recognizing those all members to support this legislation. RAYMOND ORIANS fraternity members who have made the ulti- f mate sacrifice in military service to their coun- HON. PETE SESSIONS try. In addition, the highly successful True Pike TRIBUTE TO BRADLEY YOUNG program, a values-based educational and OF TEXAS leadership program, was created, and the in- IN THE HOUSE OF REPRESENTATIVES HON. TOM LATHAM novative Pike University was established dur- Wednesday, April 1, 2009 OF IOWA ing his tenure, benefiting thousands of under- IN THE HOUSE OF REPRESENTATIVES Mr. SESSIONS. Madam Speaker, I am hon- graduate young men each year. ored and privileged to recognize Raymond L. Throughout his career, Mr. Orians has been Wednesday, April 1, 2009 Orians in tribute to his lifelong dedication to a tremendous ambassador and advocate for Mr. LATHAM. Madam Speaker, I rise today the collegiate and interfraternal movement, as all fraternities. Given his involvement, achieve- to recognize and congratulate Bradley Young well as his 25 years of service as the Execu- ment, and tenure within the Greek movement on earning an Eagle Scout Award. Bradley is tive Vice President and Chief Executive Officer and within Pi Kappa Alpha, it is an honor for an 11th grade student from South Hardin High of the Pi Kappa International Fraternity. Pi me, as one of his Fraternity brothers and a School in Eldora, Iowa. Kappa Alpha is a values-based college frater- colleague in the collegiate Greek movement, The Eagle Scout rank is the highest ad- nity, with more than 200 chapters, 13,000 un- to acknowledge with gratitude the distin- vancement rank in scouting. Only about 5% of dergraduate members, and over 235,000 life- guished career and service of Raymond L. Boy Scouts earn the Eagle Scout Award. The time members. Orians, on this, his final day as Executive Vice award is a performance based achievement Mr. Orians has spent his entire professional President of the Pi Kappa Alpha Fraternity. that has maintained similar standards over the career, which spans more than 40 years, help- f years. To earn the Eagle Scout rank, a Boy ing to educate college undergraduates and NATIONAL WORK ZONE Scout is obligated to pass specific tests that working to advance the North American Inter- AWARENESS WEEK are organized by requirements and merit fraternal movement. Most notable has been badges, as well as completing an Eagle his involvement with the Fraternity Executives HON. JAMES L. OBERSTAR Project to benefit the community. Bradley’s Association, as its president in 1994–1995, OF MINNESOTA project was working on the Good Shepherd and as a mentor to countless other executives IN THE HOUSE OF REPRESENTATIVES Preschool Playground at St. Paul’s Lutheran and staff members throughout the collegiate Church in Eldora, Iowa. world. Wednesday, April 1, 2009 Bradley has been involved in scouting since He was also actively involved as president Mr. OBERSTAR. Madam Speaker, I rise he was in Tiger Cubs and continues to be an of the Coalition for Freedom of Association, an today to highlight the 10th annual National

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.024 E01APPT1 jbell on PROD1PC69 with REMARKS E844 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 Work Zone Awareness Week, which is taking H.R. 985, protects the public’s right to know der. Vanessa Leggett, a part-time college in- place next week. by protecting the identities of reporters’ con- structor and aspiring true crime writer, stole During National Work Zone Awareness fidential sources. The bill is identical to the the limelight when she refused to turn over to Week, almost every State across the country one that passed the House in the 110th Con- the federal grand jury information that she had will be holding some type of educational event gress by an overwhelming bipartisan vote of gathered during her four-year investigation. On to highlight the importance of work zone safety 398 to 21. July 19, 2001, Leggett was held in civil con- on our nation’s roadways. H.R. 985 creates a balancing test that would tempt under 28 U.S.C. sec. 1826 as a recal- Over the past decade, more than 10,500 fa- determine when the federal government may citrant witness. She went to jail the next day talities were reported in work zones. In 2007, compel journalists to disclose information that and was not released until January 4, 2002, 835 traffic-related fatalities were reported and they have gathered. This balancing test pro- when the grand jury ended its Angleton inves- over 39,000 people were injured in accidents tects journalists from being compelled to dis- tigation without handing down a single indict- that took place in work zones across the coun- close information that the government may ob- ment. try. Most disturbingly, 305 of the fatalities in tain through other available means. The bill Leggett was incarcerated longer than any 2007 involved workers being struck by moving gives substantial protection to journalists’ con- reporter in U.S. history up to that time for re- vehicles while on the job. These statistics are fidential sources, allowing compelled disclo- fusing to disclose research collected in the alarming and illustrate the dangers posed to sure where doing so would protect national course of newsgathering. Texas is one of the the men and women charged with rebuilding security or serve the public interest. states that had and presently has no shield America. This legislation is necessary because it re- law. Leggett was forced to serve the maximum We can help to reduce this number dramati- sponds to a real and on-going problem. Since term for contempt of court, which was the cally by taking a number of important steps in- 2001, five journalists have been sentenced or shorter of either the duration of the grand jury cluding: encouraging responsible driving and jailed for refusing to reveal their confidential investigation or eighteen months. greater understanding of the dangers involved sources in federal court. Two reporters were But the most disconcerting aspect of the with work zones, enhancing enforcement of sentenced to 18 months in prison and one re- Leggett case is that no court in Texas ade- speed limits and laws that protect workers, porter faced up to $5,000 a day in fines. quately investigated the actions of the U.S. A 2006 study estimated that in that year and installation of protective devices and Department of Justice or balanced the inter- alone, 67 federal subpoenas sought confiden- equipment. ests of the First Amendment against the gov- tial material from reporters. Of those, 41 sub- As a result of the nation’s aging highway in- ernment’s need for Leggett’s research. Indeed, frastructure, the country is faced with unprece- poenas sought the name confidential sources. This bill establishes reasonable and well- there may have been no need for her informa- dented levels of reconstruction and mainte- balanced grounds for when a reporter can be tion at all. On January 8, 2002, four days after nance projects. And these levels will only in- compelled to testify about confidential sources. Leggett’s release, the U.S. attorney crease in the near future. Reporters would not receive protection if infor- empanelled another grand jury to investigate With the influx of ready-to-go projects get- mation is needed to prevent or investigate an Robert Angleton. It was able to hand down an ting underway this summer as a result of the act of terrorism or other significant harm to na- indictment in sixteen days without sub- American Recovery and Reinvestment Act, tional security, to prevent death or substantial poenaing Leggett or her records. every Member of Congress must make a bodily harm, to investigate a leak of properly This bill is sound. The bill will address the greater effort to educate their constituents classified information or private health or fi- situation that was present in the Leggett case. about the need to obey traffic signs, speed nancial information, and to furnish eyewitness It adds balance and protection to journalists in limits, and construction workers themselves observation of a crime. the course of their vocation. I urge my col- while traveling through work zones. Forty-nine states and the District of Colum- leagues to support this bill. As the Committee on Transportation and In- bia have various statutes or judicial decisions frastructure begins to develop the next surface that protect reporters from being compelled to f transportation authorization, our top priority will testify or disclose sources and information in DOUG MOORE: LEADER OF THE be improving the safety of our nation’s road- court. H.R. 985 would set national standards YEAR ways to reduce the astounding number of traf- similar to those that are in effect in the states. fic-related fatalities and injuries that we, as a This bill has relevance to Texas. One of my nation, endure year after year. Providing a constituents, Vanessa Legget, served max- HON. BOB FILNER greater commitment to increasing work zone imum jail time in case. She was not the de- OF CALIFORNIA safety will be a central aspect of this effort. fendant—she was a reporter whose first IN THE HOUSE OF REPRESENTATIVES I look forward to working with national, amendment right was under siege. Wednesday, April 1, 2009 state, and local organizations in reducing work I worked extensively on this issue. Ms. zone and roadway deaths and injuries. Events Leggett spent four years researching the 1997 Mr. FILNER. Madam Speaker, Doug Moore, such as Work Zone Awareness Week serve murder of Doris Angleton for a book she was executive director of the 64,000-member UDW as an important first step in this endeavor. writing. When she refused to give in to threats Homecare Providers Union and a newly elect- Madam Speaker, I urge my colleagues to and intimidation by an overzealous prosecu- ed international vice president of AFSCME, actively participate in promoting the goals and tion seeking her work product she was found has an outstanding record of success span- ideals of National Work Zone Awareness in contempt and jailed. ning nearly 30 years in building and energizing Week throughout their districts. Because of this injustice, I wrote letters to member-drive unions. f then-Attorney General John Ashcroft request- He began his labor career in 1980 as a ing that Leggett be permitted to assert her rank-and-file member of the CWA, becoming a FREE FLOW OF INFORMATION ACT journalist privilege. I also requested that she shop steward and, eventually, president of OF 2009 be freed from incarceration. Despite my ardent CWA Local 9586 in Sante Fe Springs, CA. He efforts, Leggett remained jailed. The facts and subsequently worked for SEIU as an inter- SPEECH OF outcome in this case were absurd. Surely, the national representative before becoming Ohio HON. SHEILA JACKSON LEE law could not have intended for the result that state director for the national AFL–CIO, where OF TEXAS transpired in the Leggett case. The present bill he was responsible for AFL–CIO programs for IN THE HOUSE OF REPRESENTATIVES if enacted would address such anomalies. more than one million members. When a federal grand jury was convened to After being recruited by AFSCME and serv- Tuesday, March 31, 2009 investigate the possibility of filing federal mur- ing as a regional field administrator and assist- Ms. JACKSON-LEE of Texas. Mr. Speaker, der charges against Houstonian Robert ant regional director, Doug assisted in negoti- thank you for allowing me to rise in support of Angleton, the city braced itself for a media ating an agreement and helped build a this bill. I would also like to thank Chairman frenzy. In 1998, Robert Angleton had been ac- 20,000-strong, member-driven union. He also CONYERS for helping to bring this bill, H.R. quitted in state court of murdering his wife, a created the first statewide Executive Board 985, Free Flow of Information Act of 2009, to well-known Houstonian, Doris Angleton, who structure for the new ADSCME Local 3299 the floor. I also would like to thank the author was found shot to death on April 16, 1997, in and developed a strong member activist proof this bill, Representative BOUCHER for this her River Oaks home. The state court had gram for the local. thoughtful legislation. been a media circus. In 2005, Doug was appointed deputy admin- This bill is popularly known as the ‘‘press However, the person who received the most istrator of UDW. His dynamic leadership has shield law.’’ I urge my colleagues to support it. attention was not directly involved in the mur- helped rebuild UDW from the ground up.

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.026 E01APPT1 jbell on PROD1PC69 with REMARKS April 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E845 Among his accomplishments: UDW is now fi- the Year Program began in 1952 and con- was thrown from the convoys, she never ran, nancially secure. Thanks to a volunteer mem- tinues as the oldest, most prestigious national but only watched out for her younger sister ber organizing effort, nearly 25,000 new mem- honors program that focuses public attention and brother. The medic always looked for her but never brought the Cokes she teased bers have joined UDW since 2005. For the on excellence in teaching. him with. When the infantry closed the road first time in history, all of the top elected lead- I am proud of the work of our teachers, and and no more sodas could be sold, he saw her ers in UDW are working homecare providers. I am committed to ensuring that education re- fishing occasionally or carrying firewood Doug has helped win the highest wages in the mains a top priority in this Congress. from where the American bulldozers had history of the UDW statewide and has led the f cleared the jungle. They seemed better effort to win affordable health insurance in San friends then. He brought her presents at Tet, Diego. ‘‘CHILDREN IN THE FIELD,’’ BY and she gave him paper flowers when he Due to his efforts, the newly installed UDW DAVID ROGERS came the next time. After the battalion moved out, they never saw one another Executive Board appointed Doug Moore in again. Before returning to the United States, February 2008 as executive director with full HON. JOHN P. MURTHA he went back to the village, but she was responsibility for managing UDW activities and OF PENNSYLVANIA away for the day. Instead, he sat with her staff on a day-to-day basis. IN THE HOUSE OF REPRESENTATIVES brother and sister, who invited him into In his acceptance speech to the UDW Exec- their thatched home. The village had a sol- utive Board, Doug said: Wednesday, April 1, 2009 emn quiet and they talked in near whispers. Mr. MURTHA. Madam Speaker, I rise today He stayed an hour with them. From county board to county board. we ‘‘The children were so light compared to will send a clear message that homecare pro- to include in the CONGRESSIONAL RECORD the the weight of the Americans that the medics viders matter. We demand to be treated with following article written by Capitol Hill cor- had to be careful not to turn too quickly dignity and respect! We are not second-class respondent David Rogers. Although a con- when they carried the stretchers from the citizens and we will fight to end the scientious objector, he is a decorated veteran helicopters. The thin bodies, smaller still on classism. sexism and racism that we see ev- who was wounded while serving as an Army the green hard canvas, rocked back and forth eryday from those elected boards in our with each jolt and appeared in danger of slid- counties. . . . We will do this the old-fash- medic in Vietnam. In his article, Rogers vividly describes the ing off. One night, two girls brought in with ioned way: Organize, organize, organize! Be- shrapnel wounds. The youngest lay without a cause when we fight. we win! devastating impact of war on children and how sound, her stomach hard but only slightly f American service members create bonds of torn. He stayed with her until she went into mutual friendship and curiosity with the chil- the operating room, but she did not cry dur- TEXAS TEACHER OF THE YEAR dren who become victims of conflict and war. ing the long wait. Just the staring eyes, FOR 1970 ‘‘CHILDREN IN THE FIELD’’ stunned by the pain and unable to close in the glare of the overhead light. She had been (By David Rogers) asleep when the shells came. In the morning HON. SILVESTRE REYES ‘‘The old French fort was nothing more she was dead. OF TEXAS than an open area encircled by a berm, dirt ‘‘The children, so young and constant, IN THE HOUSE OF REPRESENTATIVES piled into a wall. There was gaping holes would have the effect of confronting the sol- Wednesday, April 1, 2009 where the fortification had eroded, and when diers with themselves. Coming back from an the ground attack came, the enemy rocket operation and seeing them running out to Mr. REYES. Madam Speaker, El Paso, grenades and automatic fire were able to hit the road, the platoon was faced with some- Texas has a history of producing strong, pas- the sleeping positions. Some AK rounds thing more alive than itself, against which sionate, and caring educators who motivate came from an outlying hamlet and Jose each man would account himself. The dead and engage our children to become lifelong opened up with the machine gun. In the in the jungle, those the platoon had lost or learners. As a parent and grandparent, I am morning there was crying from one home, for those it had killed, would come back for that a child had been killed. moment. It was an anxious time, waiting for grateful for the contributions of our teachers in ‘‘The women and old men would only stare the smile or shout to pull them through the the El Paso area, and today I want to take this sorrowfully at the patrols, but the children, memories. opportunity to congratulate Mr. Clarence K. looking for food or being curious, would ‘‘After a contact the soldiers would search Stark, a teacher at Irvin High School in the El come up to the soldiers. It was an uneasy the bodies looking for souvenirs or materials Paso Independent School District, for being truce between them: the infantry sweating which might be turned over to some distant selected as the 1970 Texas Teacher of the under their packs and still wary after com- information officer. Equipment such as ham- ing from the jungle; and the children, pulling mocks or shell pouches were distributed ac- Year. The Texas Teacher of the Year is the cording to who had been most involved in highest honor that the State of Texas can on the men’s gear, begging for food, but resisting even a gentle hand wanting to touch the fighting. Once there was a picture of the award to a teacher. Facilitated by the Texas them. For the platoon medic, breaking dead man’s child and the medic took that Education Agency, the Texas Teacher of the through this distance was easier, and the himself. It was a little girl holding a flower Year Program annually recognizes and re- children would finally come to him. He was and on the back was a delicate sketch of a wards teachers who have demonstrated out- the only one without a weapon and just the dove.’’ standing leadership and excellence in teach- name ‘‘Doc’’ was simpler to remember. f They—the medic and children—never knew ing. Mr. Clarence K. Stark represents the best HONORING AUNG SAN SUU KYI of the best in the teaching profession, and we each other’s real names. It didn’t matter. salute his energy, efforts, and dedication. After all the months in the field and in and out of the villages, many would know him on HON. MARIO DIAZ-BALART Mr. Stark taught government at Irvin High sight and call ‘‘Doc.’’ One would start and School in the El Paso Independent School OF FLORIDA then the others would join in. He would want IN THE HOUSE OF REPRESENTATIVES District. In 1968 Mr. Stark impressed his col- to go back and stay with them. leagues with his work. Both that year and in ‘‘The platoon was securing the road when Wednesday, April 1, 2009 1969, Mr. Stark was voted as outstanding the enemy hit the third squad’s position. AK Mr. MARIO DIAZ-BALART of Florida. teacher of the year for Irvin High School and fire caught Wesley in the stomach, and a Madam Speaker, I rise today to honor Aung he was noted as saying: ‘‘I feel very honored, rocket grenade wounded two other men. The San Suu Kyi, prisoner of conscience, peaceful grateful, and humble that my fellow teachers medic had to go back for them and, after- pro-democracy activist, and leader of Burma’s wards, blood was all over his fatigues and selected me as outstanding teacher.’’ Mr. hands. The children were again on the road, National League for Democracy. Stark’s social sciences department aimed to looking where the firing had been. They also In 1989 during a pro-democracy uprising, prepare young people to be tomorrow’s lead- looked at him, standing there in the stink of Aung San Suu Kyi was placed under house ers and his devotion to his students is greatly the heat and burned powder and blood. He arrest. Despite the fact that her party won the admired by teachers at his school. Mr. Stark wanted them to go away, but they had seen election of 1990, the Burmese junta neglected embodies the qualities of great leaders and it all before. It was he who was new. Later, to acknowledge their victory. Aung San Suu his passion to reach every student at Irvin the Vietnamese soldiers would bring their Kyi has spent 13 of the last 19 years under High School is a testament to his character. kills out to the road. The children on the house arrest and the junta continues to extend way to market would have to pass the bod- Mr. Clarence K. Stark is part of a larger his- ies. her sentence on a yearly basis. There have tory of educational excellence in El Paso. I am ‘‘She was twelve years old but had a wiser, been several undertakings to urge her release proud to note that to date El Paso area edu- more reserved way about her than the other and just last week, the United Nations con- cators have been chosen as Texas Teachers children living in the villages or selling demned her detention, calling it a violation of of the Year 9 times. The National Teacher of sodas along the red clay road. When candy Burma’s own laws.

VerDate Nov 24 2008 06:32 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.030 E01APPT1 jbell on PROD1PC69 with REMARKS E846 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 Aside from being the recognized leader of his 39 years of dedicated service with the saw no reason why the valedictorian at a fine her party and a worldwide symbol for peace, Southington Police Department. Lt. Saucier black college, Miles University, shouldn’t also freedom and democracy, Aung San Suu Kyi began his career with the Southington Police be a Columbia man with an Ivy League law was the recipient of the Sakharov Prize for Department in March 1969 as a super- degree. Freedom of Thought in 1990, given by the Eu- numerary officer. In February of 1970 he It would have been forgivable if Clemon had ropean Union, and the Nobel Peace Prize in joined the department as a full time patrolman used his Ivy League ticket to escape the 1991. and was a member of the first class to grad- South—frankly, I would have if I had been his As we celebrate Women’s History Month, I uate from the Connecticut Police Academy contemporary and numerous others did. The ask that you to join me in calling for the un- (POST). Throughout his 39 years of full time ‘‘agitator’’ in him won out, and the former stu- conditional release of Aung San Suu Kyi and service, Lt. Saucier demonstrated his commit- dent activist was soon camped out in Ala- honoring the courage and conviction with ment to the badge, the department and the bama’s courts litigating to enforce school de- which she lives her life. community he serves. segregation orders that had been withering on f During his tenure, Lt. Saucier held diverse the vine. False memory says that a black positions while attaining the ranks of detective, U.S.C. running back’s exemplary performance MRS. RITA HARLIEN—TEXAS sergeant and lieutenant. He served as the Cri- against the University’s football team moved TEACHER OF THE YEAR FOR 1982 sis Incident Commander, chief hostage nego- the legendary ‘‘Bear’’ Bryant to recruit black tiator, police union president and interned with athletes; in reality, it was a lawsuit filed by HON. SILVESTRE REYES the State’s Attorney’s Office as a criminal in- young attorney Clemon. OF TEXAS vestigator. This initial pioneering phase of his life is the IN THE HOUSE OF REPRESENTATIVES Throughout his career Lt. Saucier has con- first reason U.W. Clemon will be honored on Wednesday, April 1, 2009 tinuously displayed his commitment to improv- May 7, 2009 by the Alabama Civil Justice Foundation. The second reason is the char- Mr. REYES. Madam Speaker, El Paso, ing himself and his peers by receiving training acter of the public service he has provided the Texas is extremely fortunate to have some of in over twenty disciplines, giving lectures and citizens of my state. State Senator U.W. the best teachers in the state and the country. collaborating with other agencies. His service Clemon distinguished himself by the battles he As a parent and grandparent, I am appre- has been recognized by civic and professional waged to obtain representation for blacks on ciative of the work and dedication of our organizations, receiving the ‘‘Honorable and the governing board of state agencies and uni- teachers and I want to take this opportunity to Exceptional Merit Award’’ from the South- versities. Part of the reason for progress was acknowledge the life and work of the late Mrs. ington Police Department, the ‘‘Distinguish undoubtedly Governor George Wallace’s soft- Rita Harlien, a former teacher at Eastwood Service Award, Man of the Year’’ from the ening stance on race. Much another, major High School in the Ysleta Independent School Southington Jaycees and the ‘‘Public Safety part of the reason state boards came to re- District, for her dedication to her students and Citation’’ awarded by the B.P.O.E. Southington semble the state’s population was Senator her designation as the 1982 Texas Teacher of Lodge No. 1669. Clemon’s persistence and his effectiveness. the Year. Mrs. Rita Harlien received the high- I thank Lt. Saucier for his 39 years of dedicated public service to the First District of When Clemon was nominated for the fed- est honor that the State of Texas can award eral bench, the history making nature of the and her work with children is long lasting and Connecticut, and I ask my colleagues to join with me in congratulating him on his retire- appointment guaranteed opposition and some enduring. Her children and the legacy she left of it was personal and ferocious. His stance behind remain alive in the community of El ment. f against the constitutionality of the death pen- Paso, Texas. alty was used against him; his role in the polit- While teaching at Eastwood High School, HONORING THE ACCOMPLISH- ical process was described as the wrong prep- her students competed in many University MENTS OF THE HONORABLE U.W. aration for a judicial temperament— a curious Interscholastic League State competitions and CLEMON claim to make to a Senate that had confirmed won a state championship in debate. In 1978 Governor Earl Warren and Republican activist she was selected as Speech Teacher of the William Rehnquist to the Supreme Court. It Year. In 1981 she served as President of the HON. ARTUR DAVIS was even intimated that a civil rights litigator Texas Speech Communication Association. OF ALABAMA might have an untoward bias toward black While working for the El Paso Independent IN THE HOUSE OF REPRESENTATIVES plaintiffs. School District, she completed her administra- Wednesday, April 1, 2009 Clemon won the fight, and the prize of being tion certification and coauthored two speech Mr. DAVIS of Alabama. Madam Speaker, I the first black federal judge in my state’s his- textbooks. After serving six years in adminis- rise to recognize the accomplishments of an tory. The subsequent twenty nine years are a tration, as a Facilitator of Academic Competi- outstanding lawyer who has recently retired model of judicial courage. Clemon’s rulings tion, in the El Paso District, Mrs. Harlien’s love from the federal bench, the Honorable U.W. have made my state’s mental hospitals and its for teaching beckoned her back to Eastwood Clemon. county jails more hospitable to human beings. High School where she taught drama until she U.W. Clemon’s ascension from racial apart- His decisions have undone some of the envi- retired from teaching in 1998, after 34 years of heid in Alabama to the federal bench is a tes- ronmental ravages that were becoming routine service. tament to the quickening pace of justice in the costs of doing business in some counties. His Mrs. Rita Harlien is part of a larger history late twentieth century. His path is also evi- single-handed implementation of a more inclu- of educational excellence in El Paso. I am dence of how much that rising arc of justice sive jury selection wheel means that the ad- proud to note that to date El Paso area edu- depended on the stamina and the will of indi- ministration of justice is more diverse than it is cators have been chosen as Texas Teachers vidual black Americans who resisted the per- in any other federal district in my state, and of the Year nine times. The National Teacher manence of segregation. that is a good thing if you conclude that the of the Year Program began in 1952 and con- When I trace U.W. Clemon’s life, I am appearance of equal justice is an institutional tinues as the oldest, most prestigious national struck by how undeterred he was by the cru- value in its own right. honors program that focuses public attention elty of his times. He was not yet a legal adult This record of robust interpretation of the on excellence in teaching. when he dared to testify to Birmingham’s City ideal of equal justice is the legacy Judge I am proud of the work of our teachers, and Council that segregation ordinances had no Clemon leaves. I have never understood the I am committed to ensuring that education re- valid legal authority. He was ejected from the notion that the law is unreservedly neutral or mains a top priority in this Congress. council chambers and labeled an ‘‘agitator’’ that its interpretation is unconnected to a f and a ‘‘militant’’ for his efforts. Young Clemon judge’s deeply held sentiments of what kind of HONORING LT. CLIFFORD SAUCIER was assigned by movement leaders to risk ar- America we should aspire to be. Plessy v. rest by entering the Birmingham Public Li- Ferguson arose out of a value scheme, one HON. JOHN B. LARSON brary’s segregated chambers. Through all of that disfavored people of my kind and was inherently skeptical of our capacity for common OF CONNECTICUT this, he knew that Birmingham’s police had ground. Brown v. Board is a variant of yet an- IN THE HOUSE OF REPRESENTATIVES been vicious enough to brutalize children much younger than him. other value, one that trusts the capacity for Wednesday, April 1, 2009 Clemon emphatically rejected the premise collective gain if we are freed from bigotry and Mr. LARSON of Connecticut. Madam that even smart and brave young black men its stigmas. Both decisions arose out of the Speaker, I rise to honor Lt. Clifford Saucier for had no professional future in Alabama. He reading of the same constitutional clauses.

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.033 E01APPT1 jbell on PROD1PC69 with REMARKS April 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E847 U.W. Clemon judged the same Equal Pro- THANKING ROB VON GOGH FOR INTRODUCTION OF THE ‘‘JOHN tection Clause, and its descendant, Title VII, HIS SERVICE TO THE HOUSE OF HOPE FRANKLIN TULSA-GREEN- with a vision. It seems to go something like REPRESENTATIVES WOOD RACE RIOT CLAIMS AC- this: discrimination still has deep roots in our COUNTABILITY ACT OF 2009’’ culture; a reading of the law that is too par- simonious, or too cramped, will yield one kind HON. STENY H. HOYER HON. JOHN CONYERS, JR. of community, while a more heroic interpreta- OF MARYLAND OF MICHIGAN tion will generate a public sphere that shines IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES more brightly. Finally, I think Judge Clemon al- Wednesday, April 1, 2009 Wednesday, April 1, 2009 ways felt that corporate power should feel a Mr. CONYERS. Madam Speaker, I am little unsettled when it walks into a courtroom. Mr. HOYER. Madam Speaker, I rise to con- pleased to introduce the ‘‘John Hope Franklin It’s an instinct that I appreciate the more I see gratulate my constituent Rob von Gogh who Tulsa-Greenwood Race Riot Claims Account- the customary advantages that the entrenched today marks the end of his twenty-two years ability Act of 2009,’’ along with Representative and the privileged enjoy in most seats of of service as an employee of the United NADLER. This legislation will extend the statute power. States Government, including ten years of dis- of limitations to allow the survivors of the I congratulate Judge Clemon on a noble, tinguished service to the U.S. House of Rep- Tulsa-Greenwood Riot of 1921 to seek a de- heroic career. resentatives. termination on the merits of their civil rights Rob began serving the House of Represent- and other claims against the perpetrators of f atives in 1998 as the Branch Manager and the Riot in a court of law. Graphic Artist within House Information Re- This legislation is named in honor of the late MS. ROSA E. LUJAN—TEXAS sources (HIR), preparing visual communica- Dr. John Hope Franklin, the noted historian, TEACHER OF THE YEAR FOR 1992 tions for Members of Congress. In 1999 he who was a first-hand witness to the destruc- was promoted to HIR’s Director of Client Serv- tive impact that the riot had on the African- ices, where he managed the COA’s central- American community of Tulsa. Dr. Franklin HON. SILVESTRE REYES ized, non-partisan technology support team made numerous scholarly contributions to the that provides infrastructure support for the en- understanding of the long term effects of the OF TEXAS tire House of Representatives and the more riot on the city and worked to keep the issue IN THE HOUSE OF REPRESENTATIVES than 950 district offices across the country. alive in history and on the minds of policy- Rob was selected as the recipient of the makers. On April 24, 2007, he served as a Wednesday, April 1, 2009 2006 Chief Administrative Officer’s Excellence witness, testifying in favor of the legislation, Mr. REYES. Madam Speaker, the El Paso, Award for his role managing the Client Serv- and its passage would be a fitting tribute to his memory and to a community which has never Texas community is proud to have some of ices team. Rob has guided the House’s tech- received its fair day in court. the best teachers in the country. Today, I nological infrastructure through periods of sig- The Greenwood neighborhood of Tulsa, would like to acknowledge one of those, Ms. nificant transition and strain. Within his role as manager of the Client Services team Rob has Oklahoma, was one of the nation’s most pros- Rosa E. Lujan, a teacher at Ysleta Elementary perous African-American communities entering School in the Ysleta Independent School Dis- been involved in many milestones and business changing events of the House. They in- the decade of the Nineteen Twenties. Serving trict, for being selected as the 1992 Texas clude the House’s Y2K transition, the anthrax over 8,000 residents, the community boasted Teacher of the Year. Ms. Lujan received the crisis and September 11th attacks, the House two newspapers, over a dozen churches, and highest honor that the State of Texas can Mobile Computing Project, House Active Di- hundreds of African-American-owned busi- award to a teacher because of her commit- rectory Project, CAO Seat Management for nesses, with the commercial district known na- ment to the children of El Paso. The Texas computers and the House Information Hosting tionally as the ‘‘Negro Wall Street.’’ In May Education Agency annually recognizes and re- Service. 1921, all that came to an end as 42 square wards teachers who have gone above and be- blocks of the community were burned to the Rob has served in a nonpartisan role as yond the call of duty and excelled in the class- ground and up to 300 of its residents were one of the senior problem solvers for House room. Ms. Rosa E. Lujan represents the best killed by a racist mob. In the wake of the vio- operations. Blending an artful balance of tech- of the teaching profession, and on behalf of lence, the State and local governments nical knowledge with compassion and a keen quashed claims for redress and effectively the El Paso, Texas community, I applaud her focus on delivering results, he instilled a sense erased the incident from official memory. dedication to our schools. of quality customer service with his teammates The 1921 Tulsa Race Riot was one of the Ms. Rosa E. Lujan’s love of teaching was that earned him the reputation as a person most destructive and costly attacks upon an ignited in her teens as a student at Ysleta who gets things done fast, right and always American community in our nation’s history. High School. During the summer, she worked with a smile. Mr. von Gogh served the House However, no convictions were obtained for the and our country with distinction. On behalf of as an aide for South Loop and Ysleta Elemen- incidents of murder, arson or larceny con- the entire House community, I’d like to extend tary School. Later on, at the University of nected with the riot, and none of the more a heartfelt thank you to Rob for his service Texas at El Paso, she started working for the than 100 contemporaneously filed lawsuits by and years of dedication to the United States Ysleta Independent School District as a fourth residents and property owners was successful House of Representatives. grade teacher. She has been noted to say: in recovering damages from insurance compa- ‘‘Being a teacher has allowed me to change nies to assist in the reconstruction of the com- children’s lives. Hopefully, I have inspired chil- f munity. dren to believe in themselves, just as my PERSONAL EXPLANATION The case of the Tulsa-Greenwood Riot vic- teachers inspired me.’’ After 35 years in edu- tims is worthy of congressional attention be- cation, her passion for students and learning cause substantial evidence suggests that gov- is still burning. HON. TED POE ernmental officials deputized and armed the Ms. Rosa E. Lujan is part of a larger history OF TEXAS mob and that the National Guard joined in the destruction. The report commissioned by the of educational excellence in El Paso. I am IN THE HOUSE OF REPRESENTATIVES proud to note that to date, El Paso area edu- Oklahoma State Legislature in 1997, and pub- cators have been chosen as Texas Teachers Wednesday, April 1, 2009 lished in 2001, uncovered new information and detailed, for the first time, the extent of the in- of the Year nine times. The National Teacher Mr. POE of Texas. Madam Speaker, due to volvement by the State and city government in of the Year Program began in 1952 and con- other congressional business in my district, I prosecuting and erasing evidence of the riot. tinues as the oldest, most prestigious national unfortunately missed recorded votes on the This new evidence was crucial for the formula- honors program that focuses public attention House floor on Thursday, March 26, 2009. tion of a substantial case, but its timeliness on excellence in teaching. I ask that the RECORD reflect that had I raised issues at law, and resulted in a dis- I am proud of the work of our teachers, and been able to vote that day, I would have voted missal on statute of limitation grounds. In dis- I am committed to ensuring that education re- ‘‘yea’’ on rollcall votes Nos. 157, 158, 159, missing the survivor’s claims, however, the mains a top priority in this Congress. 160, 161, and 162. Court found that extraordinary circumstances

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K01AP8.006 E01APPT1 jbell on PROD1PC69 with REMARKS E848 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 might support extending the statute of limita- RECOGNIZING THE RECIPIENTS OF HONORING ILWU LOCAL 29 tions, but that Congress did not establish rules THE 2009 PRINCE WILLIAM AMER- applicable to the case at bar. With this legisla- ICAN RED CROSS AWARDS HON. BOB FILNER tion, we have the opportunity to provide clo- OF CALIFORNIA sure for a group of claimants—all over 90 IN THE HOUSE OF REPRESENTATIVES years old—and the ability close the book on a HON. GERALD E. CONNOLLY Wednesday, April 1, 2009 tragic chapter in history. OF VIRGINIA Mr. FILNER. Madam Speaker, I rise today Racism, and its violent manifestations, are IN THE HOUSE OF REPRESENTATIVES to honor a time-honored and long-revered part of nation’s past that we cannot avoid. labor union that has created many well-paying With the prosecution of historical civil rights Wednesday, April 1, 2009 jobs on our Pacific west coast—the Inter- claims, both civil and criminal, we encourage national Longshoremen Worker’s Union (the Mr. CONNOLLY of Virginia. Madam Speak- a process of truth and reconciliation which can ILWU)! er, I rise today to recognize the recipients of heal historic wounds. In this case, the Court The ILWU Local 29 was granted its charter the 2009 Prince William American Red Cross took ‘‘no great comfort’’ in finding that there with jurisdiction embracing all workers in or Awards. These individuals and their work with was no legal avenue through which the plain- about the City and County of San Diego. Cali- the Red Cross stand as an example of dedica- tiffs could bring their claims. The ‘‘Tulsa- fornia on September 21, 1937. Local 29 em- tion and service for the benefit and safety of Greenwood Riot Accountability Act’’ would braces workers of all races and beliefs, who the community. simply give Tulsans and all Oklahomans, come together with one single purpose: to achieve a better life for themselves and their white and black, victims and non-victims, their The Elizabeth Smith Davies Award com- families. It is a union that is democratic, com- day in court. Without that opportunity, we will memorates the hard work and dedication of mitted and dedicated to the idea that solidarity all continue to be victims of our past. Red Cross volunteers and staff members with at least twenty-five years of service. Jean with other workers and other unions is the key Johnson is receiving this award for her thirty to achieving economic security and a peaceful f world. years of involvement in the Red Cross. Her Through the years the Local 29 membership MR. MIGUEL IGNACIO TINAJERO— years of service include training thousands of has grown and work opportunities have im- TEXAS TEACHER OF THE YEAR community members in Red Cross health and proved. ILWU Local 29 dispatch longshore- FOR 1995 safety programs, including training for family men to a variety of jobs every day. Today care giving, responding to emergencies and longshoremen work the cruise ships, vessels CPR/AED/First Aid certification. Ms. Johnson’s transporting fruit, automobiles, cement, and a HON. SILVESTRE REYES service combines education, safety and a wide variety of break bulk cargo. OF TEXAS positive attitude that encourages those around In July 2002, the ILWU negotiated a six her to take an active role in Red Cross initia- year contract covering all locals in California, IN THE HOUSE OF REPRESENTATIVES tives. Washington, and Oregon that secured decent Wednesday, April 1, 2009 Rear Admiral James E. Miller’s five-year living wages and medical benefits covering the membership of the Board of Directors merits children and families of these outstanding Mr. REYES. Madam Speaker, El Paso, the Dr. Gail Kettlewell Award for outstanding workers! I urge my colleagues to join with me today Texas has many great teachers and today I volunteer leadership and service. As an active to honor ILWU Local 29! would like to take this opportunity to congratu- member of the board, Admiral Jim Miller is the late my long-time friend Miguel Ignacio chair of the Strategic Planning Committee and f Tinajero, a teacher at Ramona Elementary a member of the Governance and Service De- MR. ANTONIO A. FIERRO—TEXAS School in the Ysleta Independent School Dis- livery Committee. He and his wife, Anna, are TEACHER OF THE YEAR FOR 1997 trict, for being selected as the 1995 Texas enthusiastic fundraisers. Each year they go Teacher of the Year. This is the highest honor out into the Haymarket and Gainesville com- that the State of Texas can award to a teacher HON. SILVESTRE REYES munities to request support for the annual si- OF TEXAS and the program selects only the best teach- lent auction at the ‘‘March is Red Cross IN THE HOUSE OF REPRESENTATIVES ers to represent the state in the National Month’’ celebration. Admiral Miller is always Wednesday, April 1, 2009 Teacher of the Year Program. Mr. Miguel looking for new members, volunteers, and op- Mr. REYES. Madam Speaker, El Paso, Ignacio Tinajero is one of the finest teachers portunities for the Red Cross by spreading the Texas has a history of producing strong, pas- in the El Paso area community, and I am word of the Red Cross’ mission wherever sionate, and caring educators who motivate grateful that he has served our children with someone will listen. such passion and dedication. and engage our children to become lifelong The Brownie B. Smith Award is the pre- learners. As a parent and grandparent, I am Mr. Miguel Ignacio Tinajero is recognized for eminent award for volunteer leadership and is grateful for the contributions of our teachers in his innovative approach and teaching methods bestowed upon individuals who have exempli- the El Paso area, and today I want to take this to reach bilingual students. He developed ef- fied sustained dedication and leadership in a opportunity to congratulate Mr. Antonio A. fective programs to teach children both aca- volunteer capacity. The recipient, Marty Fierro, a teacher at Sierra Vista Elementary demic and literacy skills and became the fa- French, serves in any capacity that will further School in the Socorro Independent School vorite teacher of the fifth- and sixth-graders at the cause of the Prince William American Red District, for being selected as the 1997 Texas Ramona Elementary School. Mr. Tinajero is Cross. His involvement in the Disaster Re- Teacher of the Year. The Texas Teacher of praised by students, parents, and fellow teach- sponse Team is leadership from the front. He the Year is the highest honor that the State of ers in the El Paso community for his dedica- assists victims displaced by fire or broken Texas can award to a teacher. Facilitated by tion and commitment to youth. water pipes and can be depended on to lead the Texas Education Agency, the Texas Mr. Miguel Ignacio Tinajero is part of a larg- Red Cross emergency response any time of Teacher of the Year Program annually recog- er history of educational excellence in El day or night. nizes and rewards teachers who have dem- Paso. I am proud to note that to date El Paso onstrated outstanding leadership and excel- Madam Speaker, I ask that my colleagues lence in teaching. Mr. Antonio E. Fierro rep- area educators have been chosen as Texas join me in honoring the staff and volunteers of Teachers of the Year nine times. The National resents the best of the best in the teaching the Prince William American Red Cross. When profession, and we salute his energy, efforts, Teacher of the Year Program began in 1952 a community is hit by disaster, it is often the and continues as the oldest, most prestigious and dedication. Red Cross that provides comfort and assist- Mr. Fierro knew from a young age that he national honors program that focuses public ance. The efforts of individual members are would be teacher. His grandmother retired as attention on excellence in teaching. responsible for the organization’s outstanding a principal in Mexico, and he has vivid memo- I am proud of the work of our teachers, and reputation, and I am honored to recognize ries of sitting in his sixth grade social studies I am committed to ensuring that education re- Jean Johnson, Rear Admiral James E. Miller class and imagining himself teaching in front mains a top priority in this Congress. Thank and Marty French for doing their part to up- of a classroom. Fierro attended El Paso Com- you. hold this tradition of excellence. munity College and graduated with honors

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.039 E01APPT1 jbell on PROD1PC69 with REMARKS April 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E849 from the University of Texas at El Paso in Program. Key investigators at other univer- Address of Requesting Entity: 103 Fourth 1986. He firmly believes that ‘‘a positive and sities such as UNO and LSU will also be in- Street, Jonesboro, LA 71251 caring classroom strengthens a child’s self-es- vited to join a full partnership consortium The Description of Request: A The primary goals teem and self worth.’’ He has added that this overall strength and capacity of the Consor- of the Greater North Louisiana Community De- ‘‘knits all [his] philosophies of teaching and tium for Coastal Restoration will make it a via- velopment Corporation are to: a) stimulate cre- learning together.’’ ble partner with other state and Federal enti- ation, attraction, retention and expansion of Mr. Antonio A. Fierro is part of a larger his- ties [including the USGS National Wetland Re- business and industry in North Louisiana, b) tory of educational excellence in El Paso. I am search Center (NWRC) and the Coastal Res- provide access to financial capital, c)promote proud to note that to date El Paso area edu- toration, and Enhancement for Science and the growth of ‘‘homegrown’’ business using cators have been chosen as Texas Teachers Technology (CREST) consortium] to make the technology to provide rural isolated entre- of the Year nine times. The National Teacher best possible development and implementa- preneurs with access to information, technical of the Year Program began in 1952 and con- tion decisions for WRDA 2007 and other assistance, professional services and exper- tinues as the oldest, most prestigious national coastal restoration/protection authorities for tise. The Rural U.S. is home to over 56 million honors program that focuses public attention Louisiana and the surrounding region. With Americans who live in some of the country’s on excellence in teaching. the enactment of WRDA 2007, and other Fed- poorest regions. As nationally publicized by all I am proud of the work of our teachers, and eral authorizations, it is imperative that ‘‘stove- mediums, the state of Louisiana is involved in I am committed to ensuring that education re- pipe’’ coastal restoration/protection policy, im- a long-running battle to find solutions to pov- mains a top priority in this Congress. plementation, and projects be replaced by a erty and combating literacy (see attachments f comprehensive, fully coordinated team/part- A & B—GNLCDC Service Area Demographics nership consortium to effectively and correctly and Maps). The primary employers in the tar- EARMARK DISCLOSURE implement WRDA 2007 and other Federal au- geted parishes are light manufacturing compa- thorizations for Louisiana coastal restoration nies. It is expected that manufacturing jobs will HON. RODNEY ALEXANDER and protection. The aim of this alliance is to continue to decline in the 21st Century, there- OF LOUISIANA create a cooperative science, engineering, and fore diversification is critical to the stimulation IN THE HOUSE OF REPRESENTATIVES technology program to help policymakers, and survival of rural communities. The ‘‘No Wednesday, April 1, 2009 planners and coastal resource managers use Child Left Behind’’ initiative must be extended the latest objective information on the built and to include educational opportunities to all citi- Mr. ALEXANDER. Madam Speaker, pursu- natural environment to ensure sustainable and zens in under represented and impoverished ant to Republican Leadership’s policy on ear- productive coastal habitats and communities. areas, thus giving a sense of hope and em- marks, I hereby submit for the Congressional Requesting Member: Congressman RODNEY powerment to reach beyond the grips of de- Record the following disclosure on earmarks ALEXANDER spair and hopelessness. The GNLCDC serves that were included in H.R. 1105: Bill Number: H.R. 1105 as a door opener and an opportunity where Requesting Member: Congressman RODNEY Account: Energy and Water, Corps of Engi- currently none exists. ALEXANDER neers, Construction f Bill Number: H.R. 1105 Legal Name of Requesting Entity: Corps of Account: Interior, U.S. Geological Survey Engineers IN RECOGNITION OF THE YWCA EL Legal Name of Requesting Entity: Tulane Address of Requesting Entity: P.O. Box PASO DEL NORTE REGION’S University 60267 New Orleans, LA 70160-0267 100TH ANNIVERSARY Address of Requesting Entity: 6823 St. Description of Request: East Baton Rouge Charles Avenue, New Orleans, LA 70118 Flood Control project encompasses the major HON. SILVESTRE REYES Description of Request: The Long-term Es- streams of East Baton Rouge Parish and the OF TEXAS tuary Assessment Group (LEAG) comprises Amite River Basin. Authorization: WRDA 1996, IN THE HOUSE OF REPRESENTATIVES scientific researchers based at Tulane, Xavier, Sec. 101(a)(21); WRDA 2007, Sec. 5005e(30) Wednesday, April 1, 2009 Nicholls State, and LUMCON working together FY08 Funding: $951,000. to provide accurate scientific and technological Requesting Member: Congressman RODNEY Mr. REYES. Madam Speaker, today I wish advances needed to improve the knowledge of ALEXANDER to recognize the 100th anniversary of the the physical, chemical, geological, biological, Bill Number: H.R. 1105 YWCA’s El Paso del Norte Region. Since April and cultural baseline conditions in the coastal Account: Energy and Water, Corps of Engi- 8, 1909, this exemplary organization has Louisiana ecosystem and related natural and neers, Construction helped many women and their families reach built assets. LEAG requests funding support to Legal Name of Requesting Entity: U.S. their fullest potential. transition its productive six years of investiga- Army Corps of Engineers In its 100 years of service to the region, the tion and team building to a level that allows Address of Requesting Entity: P.O. Box 80 YWCA El Paso del Norte exemplifies the posi- USGS and other local, state and Federal Vicksburg, MS 39181 tive impact volunteerism and service to others agency managers to make the best possible Description of Request: A reconnaissance can have on a community. For years, the decisions in support of: (1) implementing Lou- level general reevaluation study is needed to YWCA has played a major role in addressing isiana Coastal Restoration and Hurricane pro- determine whether authorized cutoffs on the the various socioeconomic challenges faced tection projects authorized by the Water Re- Ouachita River are economically feasible, en- by women and minorities throughout our Na- sources Development Act (WRDA) 2007 and vironmentally sustainable, and publicly accept- tion. The personal experiences of many indi- other Federal acts; (2) the Louisiana Coastal able. Statutory Authorization for requested viduals in my district show how our local Area, Section 7006, Construction, Science and project: Senate Document Numbered 117, YWCA has brought to life its mission of em- Technology Program established by WRDA Eighty-first Congress as amended. Significant powering women and their families as well as 2007; and, (3) science and engineering sup- problems with navigation on the Ouachita promoting equal opportunities for all. port for the State of Louisiana’s master plan River have been experienced in recent years Every year, the lives of more than 62,000 for coastal restoration and hurricane protec- because authorized cut-offs were never con- people in the 17 counties of west Texas and tion. This revised Coastal Consortium project structed and the existing radius of bend ways southern New Mexico are touched by the vol- proposes that LEAG and other existing coastal above Monroe, LA is too small for tows to unteers and staff of the YWCA El Paso del restoration academic, industry, and public make the turns without ‘‘light loading’’ of Norte Region. Our local chapter places a great partners provide the joint leadership to estab- barges. Waterway users indicate that resulting value on building up and strengthening fami- lish and coordinate a new entity, the Consor- increases in transportation costs are affecting lies by providing women of all ages and socio- tium for Coastal Restoration consisting of the production costs and the ability to maintain economic backgrounds with the support they LEAG partners, scientists from the USGS, adequate raw material supplies. need. Using a holistic approach, the services Louisiana State University (LSU), University of Requesting Member: Congressman RODNEY and programs of the YWCA El Paso del Norte Louisiana in Lafayette (ULL), University of ALEXANDER Region promote the overall well-being of New Orleans (UNO), Rand Corporation inves- Bill Number: H.R. 1105 women and their families in order to provide tigators, engineers from key local engineering Account: Financial Services, SBA opportunities for women to help themselves companies, and policy groups such as the Legal Name of Requesting Entity: Greater and each other. This unique environment al- Tulane Institute of Water Policy and Law, and North Louisiana Community Development Cor- lows women and girls from all walks of life to the Barataria-Terrebonne National Estuary poration come together to develop life skills, as well as

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.042 E01APPT1 jbell on PROD1PC69 with REMARKS E850 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 discover and develop their personal strengths. I am proud of the work of our teachers, and trict located in the Sixteenth Congressional All of these efforts lead to lasting positive I am committed to ensuring that education re- District of Texas. This school district is cele- changes in their lives and their entire commu- mains a top priority in this Congress. brating its 50th anniversary on April 18, 2009. nities. f I was born and raised in Canutillo, and I have The good work done by our local YWCA proudly represented the people of Canutillo for MS. DANA K. BOYD—TEXAS chapter has inspired many of my constituents the past twelve years in Congress. TEACHER OF THE YEAR FOR 2007 to give back to their community through volun- In 1959, the community of Canutillo worked teer work and community service. In the El diligently to establish a school district because Paso region, over 200 volunteers generously HON. SILVESTRE REYES too many students were forced to leave school dedicate more than 40,000 hours every year OF TEXAS after the eighth grade. Fifty years ago, the to the YWCA El Paso del Norte Region. One IN THE HOUSE OF REPRESENTATIVES closest high school was 21 miles away, and of the many important lessons this group of Wednesday, April 1, 2009 many families could not afford to send their dedicated individuals has instilled in my com- Mr. REYES. Madam Speaker, the commu- children to a distant school because no school munity is that creating a stronger, more united nity of El Paso, Texas is extremely grateful for buses were provided for high school students community begins with building up our youth its teachers. The El Paso area has been rec- in Canutillo, and the community worked to- and their families. ognized year after year for the great work our gether to find a solution. The history of the Today, I am proud to recognize and express teachers do in the classroom. As a parent and Canutillo Independent School District (CISD) is my deep gratitude for the 100 years of service grandparent, I am grateful for their contribu- a strong testament to us, the people of and contributions of the YWCA El Paso del tions. Today, I want to acknowledge Ms. Dana Canutillo, and our dedication and commitment Norte Region. My Congressional district is for- K. Boyd, a teacher at Dolphin Terrace Ele- to educational opportunities for students. tunate to have an organization such as this mentary School in the Ysleta Independent Our first superintendent, Joseph one, and I am hopeful that the next 100 years School District, for being selected as the 2007 MacDougall, was committed to these values will be as robust and successful as the first. Texas Teacher of the Year. Facilitated by the and laid a strong foundation for the school dis- f Texas Education Agency, the Texas Teacher trict. Mr. MacDougall initiated much needed of the Year Program annually recognizes out- social services, including youth sports pro- MS. KYANN McMILLIE—TEXAS standing teachers who have demonstrated the TEACHER OF THE YEAR FOR 2004 grams, health services for the elderly, and the kind of vision and excellence in teaching that Head Start initiative for pre-school children. In is moving our education system forward. The 1963, Canutillo ISD graduated its first senior HON. SILVESTRE REYES Texas Teacher of the Year designation is the class, and by 1964, student enrollment OF TEXAS highest honor that the State of Texas can reached 1,013 students. IN THE HOUSE OF REPRESENTATIVES award to a teacher. The district faced and overcame significant Wednesday, April 1, 2009 Ms. Boyd has taught first, second, and third challenges during the early years. At one point grade at Dolphin Terrace Elementary since 36 community residents borrowed $1,000 Mr. REYES. Madam Speaker, El Paso, 1999. She seeks to create a relaxing, non- each from the Coronado State Bank and Texas has a history of producing strong, pas- threatening environment in her classroom and loaned those funds to the district so that it sionate, and caring educators who motivate has been noted to say: ‘‘my students know could make payroll for faculty and staff. In and engage our children to become life-long they are the brightest kids in the grade level 1965 there was a hepatitis outbreak that learners. As a parent and grandparent, I am [because] once they believe they are the forced Canutillo ISD to shut down its water grateful for the contributions of our teachers in smartest students in their hearts and minds wells until the source of the disease was iden- the El Paso area, and today I want to take this . . . [I] am able [to set and] keep those high tified and nearly every student in the district opportunity to congratulate Ms. Kyann standards.’’ She works hard to establish a was inoculated as a precaution. This led El McMillie, a teacher at Canutillo Elementary sense of family in her classroom. Before School in the Canutillo Independent School school starts each year, Ms. Boyd calls each Paso to extend water services to portions of District, for being selected as the 2004 Texas student and their family. On the first day of Canutillo. In 1966 there was an attempt by the Teacher of the Year. The Texas Teacher of school, Ms. Boyd tells her students that ‘‘the Anthony School District to annex about five the Year is the highest honor that the State of people they are sitting next to are like a sec- acres of Canutillo ISD land. The issue was Texas can award to a teacher. Facilitated by ond family.’’ Every three months, her class settled when State Education Commissioner the Texas Education Agency, the Texas has a potluck luncheon and students and par- J.W. Edgar ruled in favor of Canutillo. This Teacher of the Year Program annually recog- ents get to know each other better while shar- case is the basis for landmark state legislation nizes and rewards teachers who have dem- ing a meal. With this caring approach, she has which prohibits one school district from annex- onstrated outstanding leadership and excel- helped her students deal with difficult situa- ing the property of another without an agree- lence in teaching. Ms. Kyann McMillie rep- tions, and she firmly believes that every teach- ment between both school boards. Over- resents the best of the best in the teaching er should treat each student as they would coming these challenges was difficult, but the profession, and we salute her energy, efforts, treat their own child. community and the school district are stronger and dedication. Ms. Dana K. Boyd is part of a larger history because of them. Ms. McMillie received a Bachelor of Science of educational excellence in El Paso. I am And that community support has never degree in elementary education from Western proud to note that to date El Paso area edu- wavered as demonstrated by the 1999 ballot New Mexico University and a Masters degree cators have been chosen as Texas Teachers initiative in which 96 percent of voters passed in education from The University of Texas at of the Year nine times. The National Teacher a referendum to build a new high school. In El Paso. Ms. Kyann McMillie’s lifelong aspira- of the Year Program began in 1952 and con- April 2003, Canutillo ISD voters again gave tion was to be an attorney or an accountant tinues as the oldest, most prestigious national their vote of confidence and passed another but she decided to pursue a career in teach- honors program that focuses public attention bond issue for district-wide maintenance and ing. She earned her teaching credentials and on excellence in teaching. renovation projects. The new Canutillo High taught first and second grade at Canutillo Ele- I am proud of the work of our teachers, and School opened in January 2006 with nearly mentary School. Ms. McMillie says that, ‘‘pa- I am committed to ensuring that education re- 1,300 students; the population has now grown tience and nurturing are key when dealing with mains a top priority in this Congress. to 1,600. children.’’ She firmly believes that to under- f The community of Canutillo knew 50 years stand another person, ‘‘we must understand CELEBRATING THE 50TH ANNIVER- ago that investing in our children’s education the situation from which they come.’’ SARY OF THE CANUTILLO INDE- would pay dividends in the future, particularly Ms. Kyann McMillie is part of a larger his- PENDENT SCHOOL DISTRICT for underprivileged students. Today, we can tory of educational excellence in El Paso. I am see the results of those efforts. Our graduates proud to note that to date El Paso area edu- proudly serve in occupations ranging from mili- cators have been chosen as Texas Teachers HON. SILVESTRE REYES tary and law enforcement officers, to doctors, OF TEXAS of the Year nine times. The National Teacher nurses, judges, professors and school prin- IN THE HOUSE OF REPRESENTATIVES of the Year Program began in 1952 and con- cipals. tinues as the oldest, most prestigious national Wednesday, April 1, 2009 As a member of the second graduating honors program that focuses public attention Mr. REYES. Madam Speaker, I rise today to class of Canutillo High School, it is my honor on excellence in teaching. honor the Canutillo Independent School Dis- to congratulate the school board, faculty, and

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AP8.043 E01APPT1 jbell on PROD1PC69 with REMARKS April 1, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E851 staff of the Canutillo Independent School Dis- the 2008 Texas Teacher of the Year. This is veteran teachers. Mr. Cain has been quoted to trict and to thank the community of Canutillo the highest honor that the State of Texas can say that he believes teachers are the ‘‘most for their commitment to our students. award to a teacher and it is a program run by positive individuals in the world.’’ He believes f the Texas Education Agency. The program firmly that teachers have the responsibility to recognizes and rewards outstanding teachers make students aware of their strengths to MR. PAUL F. CAIN—TEXAS like Mr. Paul F. Cain for their energy, commit- ‘‘motivate [them] to participate in the learning TEACHER OF THE YEAR FOR 2008 ment, and passion for our kids. process.’’ When Paul Cain graduated from high Mr. Paul F. Cain is part of a larger history HON. SILVESTRE REYES school, he had two possible career paths to of educational excellence in El Paso. I am OF TEXAS pursue, the military or teaching. He initially proud to note that to date, El Paso area edu- IN THE HOUSE OF REPRESENTATIVES chose the military but the Army ultimately rec- cators have been chosen as Texas Teachers ognized his potential and put him in a military Wednesday, April 1, 2009 of the Year nine times. The National Teacher classroom as a mathematics instructor. After of the Year Program began in 1952 and con- Mr. REYES. Madam Speaker, El Paso, more than a decade of military service, he tinues as the oldest, most prestigious national Texas is fortunate to have some of the best moved to Ysleta High School to teach math. honor program that focuses public attention on teachers in the country. As a parent and That first year, he was given a schedule, a excellence in teaching. grandparent, I am grateful for the work of our textbook and a classroom and virtually no educators in the El Paso area, and today I guidance. During his 18 years as Chair of the I am proud of the work of our teachers, and want to recognize Mr. Paul F. Cain, a teacher Mathematics Department at Ysleta High I am committed to ensuring that education re- at Ysleta High School in the Ysleta Inde- School, Mr. Cain made sure that every new mains a top priority in this Congress. pendent School District, for being selected as teacher was mentored and supported by other

VerDate Nov 24 2008 06:26 Apr 02, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AP8.046 E01APPT1 jbell on PROD1PC69 with REMARKS E852 CONGRESSIONAL RECORD — Extensions of Remarks April 1, 2009 SENATE COMMITTEE MEETINGS on Monday and Wednesday of each 2:30 p.m. week. Veterans’ Affairs Title IV of Senate Resolution 4, Meetings scheduled for Thursday, To hold hearings to examine pending agreed to by the Senate on February 4, April 2, 2009 may be found in the Daily health related legislation. 1977, calls for establishment of a sys- Digest of today’s RECORD. SR–418 tem for a computerized schedule of all MAY 6 meetings and hearings of Senate com- MEETINGS SCHEDULED mittees, subcommittees, joint commit- 9:30 a.m. APRIL 3 tees, and committees of conference. Veterans’ Affairs This title requires all such committees 9:30 a.m. To hold hearings to examine pending Joint Economic Committee benefits related legislation. to notify the Office of the Senate Daily To hold hearings to examine the employ- SR–418 Digest—designated by the Rules Com- ment situation for March 2009. mittee—of the time, place, and purpose SD–106 of the meetings, when scheduled, and MAY 21 any cancellations or changes in the APRIL 22 9:30 a.m. meetings as they occur. 10 a.m. Veterans’ Affairs Armed Services Business meeting to markup pending leg- As an additional procedure along islation. with the computerization of this infor- Readiness and Management Support Sub- committee SR–418 mation, the Office of the Senate Daily To hold hearings to examine the current Digest will prepare this information for readiness of United States ground printing in the Extensions of Remarks forces. section of the CONGRESSIONAL RECORD SR–222

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate Adopted: Chamber Action Lincoln Amendment No. 775, to enhance future Routine Proceedings, pages S4111–S4230 GI Bill benefits for members of the National Guard Measures Introduced: Twenty-three bills and two and Reserve by ensuring those benefits keep pace resolutions were introduced, as follows: S. 758–780, with the national average cost of tuition. S. Res. 97, and S. Con. Res. 16. Pages S4171–72 Pages S4121–22 Lincoln Amendment No. 774, to provide a def- Measures Passed: icit-neutral reserve fund for improving child welfare. Authorizing Use of Capitol Rotunda: Senate Pages S4122–23 agreed to H. Con. Res. 54, permitting the use of the Lieberman Amendment No. 763, to protect the Rotunda of the Capitol for a ceremony as part of the American people from potential spillover violence commemoration of the days of remembrance of vic- from Mexico by providing $550 million in addi- tims of the Holocaust. Page S4226 tional funding for the Department of Homeland Se- Commemorating 90 Years of U.S.-Polish Diplo- curity and the Department of Justice and supporting matic Relations: Senate agreed to S. Res. 9, com- the Administration’s efforts to combat drug, gun, memorating 90 years of U.S.-Polish diplomatic rela- and cash smuggling by the cartels, by providing: tions, during which Poland has proven to be an ex- $260 million for Customs and Border Protection to ceptionally strong partner to the United States in hire, train, equip, and deploy additional officers and advancing freedom around the world. Page S4227 canines and conduct exit inspections for weapons and cash; $130 million for Immigration and Customs Celebrating the 60th Anniversary of NATO: Enforcement to hire, train, equip and deploy addi- Senate agreed to S. Res. 20, celebrating the 60th an- tional investigators; $50 million to Alcohol, To- niversary of the North Atlantic Treaty Organization. bacco, Firearms, and Explosives to hire, train, equip, Page S4227 and deploy additional agents and inspectors; $20 Parliamentary Elections in Moldova: Senate million for the Human Smuggling and Trafficking agreed to S. Res. 56, urging the Government of Center; $10 million for the Office of International Moldova to ensure a fair and democratic election Affairs and the Management Directorate at DHS for process for the parliamentary elections on April 5, oversight of the Merida Initiative; $30 million for 2009. Pages S4227–28 Operation Stonegarden; $10 million to the Depart- Measures Considered: ment of Justice for competitive grants to support local, State, and Tribal law enforcement agencies lo- Budget Resolution—Agreement: Senate continued cated along the southern border and in High Inten- consideration of S. Con. Res. 13, setting forth the sity Drug Trafficking Areas to address drug-related congressional budget for the U.S. Government for criminal activity; $20 million to DHS for tactical fiscal year 2010, revising the appropriate budgetary radio communications; and $20 million for upgrad- levels for fiscal year 2009, and setting forth the ap- ing the Traveler Enforcement Communications Sys- propriate budgetary levels for fiscal years 2011 tem. Pages S4112, S4144, S4145 through 2014, taking action on the following Casey Amendment No. 783, to establish a reserve amendments proposed thereto: Pages S4112–64 fund to fully fund the Long-Term Stability/Housing for Victims Program. Pages S4113–14, S4146 D383

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01AP9.REC D01AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE D384 CONGRESSIONAL RECORD — DAILY DIGEST April 1, 2009 Kerry/Lugar Amendment No. 732, to restore full By 43 yeas to 55 nays (Vote No. 124), Crapo funding for the President’s request for the inter- Amendment No. 844, to protect the fiscal discipline national affairs budget, in support of development on discretionary spending exercised by the reported programs in Pakistan and Afghanistan, nuclear non- budget resolution by extending the resolution’s dis- proliferation, foreign assistance, fighting global cretionary spending limits to exactly the same level AIDS, promoting sustainable development, and other as already assumed in the resolution to make sure efforts, with an offset. Pages S4117–19, S4146 that debt is not increased further than contemplated Isakson Amendment No. 762, to provide for a by this budget resolution as a result of subsequent deficit-neutral reserve fund for providing a non- budget resolutions or appropriation bills. refundable Federal income tax credit for the purchase Pages S4130–35, S4148 of a principal residence during a 1-year period. By 44 yeas to 54 nays (Vote No. 127), Kyl Pages S4128–29, S4146 Amendment No. 793, to protect all patients by pro- Shaheen Amendment No. 776, to establish a re- hibiting the use of data obtained from comparative serve fund for monitoring of FHA-insured lending. effectiveness research to deny coverage of items or Pages S4129–30, S4146 services under Federal health care programs and to By a unanimous vote of 98 yeas (Vote No. 121), ensure that comparative effectiveness research ac- Ensign Amendment No. 804, to protect middle-in- counts for advancement in genomics and personal- come taxpayers from tax increases by providing a ized medicine, the unique needs of health disparity point of order against legislation that increase taxes populations, and differences in the treatment re- on them, including taxes that arise, directly or indi- sponse and the treatment preferences of patients. rectly, from Federal revenues derived from climate Pages S4125–28, S4150 change or similar legislation. Pages S4114–17, S4146–47 Pending: By 82 yeas to 16 nays (Vote No. 122), Cornyn Ensign Amendment No. 805, to require certain Amendment No. 806, to protect small businesses higher-income beneficiaries enrolled in the Medicare prescription drug benefit to pay higher premiums, as from higher taxes. Page S4119–21, S4147, S4150–51 Reed Amendment No. 836, to increase funding is currently required for physicians’ services and outpatient services, and as proposed in the budget of for the Low-Income Home Energy Assistance Pro- the U.S. Government most recently submitted by gram (LIHEAP) by $1.9 billion in FY 2010. the President. Page S4132 Pages S4135–41, S4148 McCain Amendment No. 882, in the nature of a By 67 yeas to 31 nays (Vote No. 126), Johanns substitute. Pages S4151–53 Amendment No. 735, to prohibit the use of rec- During consideration of this measure today, Senate onciliation in the Senate for climate change legisla- also took the following action: tion involving a cap and trade system. By 42 yeas to 56 nays (Vote No. 125), three-fifths Pages S4112, S4141–44, S4149–50 of those Senators duly chosen and sworn, not having Rejected: voted in the affirmative, Senate rejected the motion By 43 yeas to 55 nays (Vote No. 119), Alexander to waive pursuant to section 904 of the Congres- Amendment No. 747, to create runaway debt point sional Budget Act of 1974, with respect to of order against consideration of a budget resolution Whitehouse/Boxer Amendment No. 869, relative to that projects the ratio of public debt to GDP for any a deficit-neutral reserve fund to invest in clean en- fiscal year in excess of 90 percent to ensure the con- ergy and preserve the environment. Subsequently, tinued viability of U.S. dollar and prevent doubling the point of order that the amendment was in viola- or tripling the debt burden on future generations. tion of section 305(b)(2) of the Congressional Budget Pages S4112, S4145 Act of 1974, was sustained, and the amendment By 40 yeas to 58 nays (Vote No. 120), Sessions thus fell. Pages S4148–49 Modified Amendment No. 772, to restore the budg- A unanimous-consent-time agreement was reached et discipline of the Federal Government by freezing providing for further consideration of the resolution nondefense discretionary spending for fiscal years at 10 a.m., on Thursday, April 2, 2009, and that 2010 and 2011, and limiting the growth of non- there be 90 minutes remaining for debate, equally defense discretionary spending to 1 percent annually divided and controlled between the Chair and Rank- for fiscal years 2012, 2013, and 2014. ing Member of the Committee on the Budget, or Pages S4112, S4144–46 their designees; with 40 minutes of that time for de- By 44 yeas to 54 nays (Vote No. 123), Gregg bate relative to the McCain Amendment No. 882 Amendment No. 835, to establish a deficit-neutral (listed above), with 20 minutes deducted for each reserve fund to address our Nation’s long term fiscal manager, with the time for debate on McCain problems. Pages S4123–25, S4129, S4147–48 Amendment No. 882, equally divided and controlled

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01AP9.REC D01AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 1, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D385 in the usual form; provided that the vote sequence troduced by Senator Conrad, all of the Department of amendments be established with the Chair and of Agriculture, after the nominees testified and an- Ranking Member of the Committee on the Budget, swered questions in their own behalf. concurring on any order; provided that during any sequence of votes established, that there be 2 min- CIVILIAN CASUALTIES OF WAR utes of debate prior to any vote, equally divided and Committee on Appropriations: Subcommittee on State, controlled in the usual form; provided further, that Foreign Operations, and Related Programs concluded after the first vote in any sequence, the remaining a hearing to examine assistance for civilian casualties votes be 10 minutes in duration. Page S4228 of war, after receiving testimony from Dirk Civil Access to Justice Act—Referral Agreement: Dijkerman, Acting Assistant Administrator, Bureau A unanimous-consent agreement was reached pro- for Democracy, Conflict, and Humanitarian Assist- viding that the Committee on the Judiciary be dis- ance, U.S. Agency for International Development; Ca charged from further consideration S. 718, to amend Va Tran, Vietnam Assistance for the Handicapped, the Legal Services Corporation Act to meet special McLean, VA; John W. Chromy, CHF International, needs of eligible clients, provide for technology Washington, DC; Erica Gaston, Campaign for Inno- grants, improve corporate practices of the Legal Serv- cent Victims in Conflict (CIVIC), New Orleans, LA; ices Corporation, and the bill then be referred to the and Jonathan Tracy, National Institute of Military Committee on Health, Education, Labor, and Pen- Justice, Falls Church, VA. sions. Page S4226 U.S. POLICY TOWARD AFGHANISTAN AND Messages from the House: Pages S4169–70 PAKISTAN Measures Referred: Page S4170 Committee on Armed Services: Committee concluded a Executive Reports of Committees: Pages S4170–71 hearing to examine U.S. Policy toward Afghanistan Additional Cosponsors: Pages S4172–74 and Pakistan, after receiving testimony from Michele A. Flournoy, Under Secretary for Policy, General Statements on Introduced Bills/Resolutions: David H. Petraeus, USA, Commander, U.S. Central Pages S4174–97 Command, and Admiral Eric T. Olson, USN, Com- Additional Statements: Pages S4168–69 mander, U.S. Special Operations Command, all of Amendments Submitted: Pages S4197–S4226 the Department of Defense. Authorities for Committees to Meet: Page S4226 BUSINESS MEETING Privileges of the Floor: Page S4226 Committee on Armed Services: Committee ordered favor- Record Votes: Nine record votes were taken today. ably reported the nominations of Ashton B. Carter, (Total—127) Page S4145, S4146, S4146–47, S4147, S4148, of Massachusetts, to be Under Secretary for Acquisi- S4149, S4149–50, S4150 tion, Technology, and Logistics, and James N. Mil- Adjournment: Senate convened at 10 a.m. and adler, Jr., of Virginia, to be Deputy Under Secretary journed at 8:56 p.m., until 10 a.m. on Thursday, for Policy, both of the Department of Defense. April 2, 2009. (For Senate’s program, see the re- Also, committee ordered favorably reported 3,952 marks of the Acting Majority Leader in today’s nominations in the Army, Navy, Air Force, and Ma- Record on page S4228.) rine Corps. Committee Meetings RENEWABLE FUEL STANDARD OVERSIGHT Committee on Environment and Public Works: Sub- (Committees not listed did not meet) committee on Clean Air and Nuclear Safety concluded an oversight hearing to examine the Environ- NOMINATIONS mental Protection Agency’s renewable fuel standard, Committee on Agriculture, Nutrition, and Forestry: Com- after receiving testimony from Charles T. Drevna, mittee concluded a hearing to examine the nomina- National Petrochemical and Refiners Association, on tions of Kathleen A. Merrigan, of Massachusetts, to behalf of National Marine Manufacturers Association be Deputy Secretary, who was introduced by Senator and Outdoor Power Equipment Institute, A. Leahy, Joe Leonard, Jr., of the District of Columbia, Blakeman Early, American Lung Association, and to be Assistant Secretary for Civil Rights, who was Michael McAdams, Advanced Biofuels Association, introduced by Representative Kilpatrick, and James all of Washington, DC; Kelly J. Tiller, University of W. Miller, of Virginia, to be Under Secretary for Tennessee, Knoxville; and Nathanael Greene, Nat- Farm and Foreign Agricultural Services, who was in- ural Resources Defense Council, New York, NY.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01AP9.REC D01AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE D386 CONGRESSIONAL RECORD — DAILY DIGEST April 1, 2009 BUSINESS MEETING cation and continued service to the Nation during Committee on Environment and Public Works: Com- Public Service Recognition Week, May 4 through mittee ordered favorably reported the nomination of 10, 2009; and Thomas L. Strickland, of Colorado, to be Assistant The nominations of Jane Holl Lute, of New York, Secretary for Fish and Wildlife and Parks, Depart- to be Deputy Secretary of Homeland Security, and ment of the Interior. John Berry, of the District of Columbia, to be Direc- tor of the Office of Personnel Management. USAID IN THE 21ST CENTURY Committee on Foreign Relations: Subcommittee on NOMINATIONS International Development and Foreign Assistance, Committee on the Judiciary: Committee concluded a Economic Affairs and International Environmental hearing to examine the nominations of David F. Protection concluded a hearing to examine United Hamilton, of Indiana, to be U.S. Circuit Judge for States Agency for International Development the Seventh Circuit, who was introduced by Senators (USAID) in the 21st Century, after receiving testi- Lugar and Bayh, Ronald H. Weich, of the District mony from Andrew Natsios, The Walsh School of of Columbia, to be an Assistant Attorney General, Foreign Service, and Carol Lancaster, Mortara Center Department of Justice, who was introduced by Sen- for International Studies, both of Georgetown Uni- ator Reid, and R. Gil Kerlikowske, of Washington, versity, and Steven Radelet, Center for Global Devel- to be Director of National Drug Control Policy, Ex- opment, all of Washington, DC. ecutive Office of the President, who was introduced BUSINESS MEETING by Senators Cantwell and Murray, after the nominees Committee on Homeland Security and Governmental Af- testified and answered questions in their own behalf. fairs: Committee ordered favorably reported the following items: NOMINATION H.R. 35, to amend chapter 22 of title 44, U.S. Committee on Small Business and Entrepreneurship: Com- Code, popularly known as the Presidential Records mittee concluded a hearing to examine the nomina- Act, to establish procedures for the consideration of tion of Karen Gordon Mills, of Maine, to be Admin- claims of constitutionally based privilege against dis- istrator of the Small Business Administration, after closure of Presidential records, with an amendment the nominee, who was introduced by Senator Snowe, in the nature of a substitute; testified and answered questions in her own behalf. S. 615, to provide additional personnel authorities for the Special Inspector General for Afghanistan Re- BUSINESS MEETING construction; S. 507, to provide for retirement equity for Fed- Committee on Small Business and Entrepreneurship: Com- eral employees in nonforeign areas outside the 48 mittee ordered favorably reported the nomination of contiguous States and the District of Columbia, with Karen Gordon Mills, of Maine, to be Administrator an amendment; of the Small Business Administration. S. 713, to require the Administrator of the Fed- eral Emergency Management Agency to quickly and NOMINATIONS fairly address the abundance of surplus manufactures Committee on Veterans’ Affairs: Committee concluded a housing units stored by the Federal Government hearing to examine the nominations of W. Scott around the country at taxpayer expense, with an Gould, of the District of Columbia, to be Deputy amendment; Secretary, who was introduced by Senator Reed, and S. 574, to enhance citizen access to Government Ladda Tammy Duckworth, of Illinois, to be Assist- information and services by establishing that Gov- ant Secretary for Public and Intergovernmental Af- ernment documents issued to the public must be fairs, who was introduced by Senator Durbin, both written clearly, with an amendment; of the Department of Veterans Affairs, after the S. Res. 87, expressing the sense of the Senate that nominees testified and answered questions in their public servants should be commended for their dedi- own behalf.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01AP9.REC D01AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 1, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D387 House of Representatives nation in Iraq and Afghanistan, their families, and Chamber Action all who serve in the armed forces and their families. Public Bills and Resolutions Introduced: 32 pub- Page H4286 lic bills, H.R. 1833–1864; and 8 resolutions, H. Suspension—Proceedings Resumed: The House Con. Res. 91–92; and H. Res. 312–315, 317–318 agreed to suspend the rules and agree to the fol- were introduced. Pages H4395–97 lowing measure which was debated on Tuesday, Additional Cosponsors: Pages H4397–98 March 31st: Report Filed: A report was filed today as follows: Honoring the lives, and mourning the loss, of H. Res. 316, providing for further consideration Sergeant Mark Dunakin, Sergeant Ervin Romans, of the concurrent resolution (H. Con. Res. 85) set- Sergeant Daniel Sakai, and Officer John Hege: H. ting forth the congressional budget for the United Res. 290, to honor the lives, and mourn the loss, of States Government for fiscal year 2010 and includ- Sergeant Mark Dunakin, Sergeant Ervin Romans, ing the appropriate budgetary levels for fiscal years Sergeant Daniel Sakai, and Officer John Hege, mem- 2009 and 2011 through 2014 (H. Rept. 111–73). bers of the Oakland Police Department in California 2 Page H4395 who were brutally slain in the line of duty, by a ⁄3 Speaker: Read a letter from the Speaker wherein she yea-and-nay vote of 417 yeas with none voting ‘‘nay’’, Roll No. 179. Pages H4286–87 appointed Representative Tauscher to act as Speaker Pro Tempore for today. Page H4253 Amending the executive compensation provisions of the Emergency Economic Stabilization Suspensions: The House agreed to suspend the rules Act of 2008 to prohibit unreasonable and exces- and pass the following measures: sive compensation and compensation not based Federal Retirement Reform Act of 2009: H.R. on performance standards: The House passed 1804, to amend title 5, United States Code, to make H.R. 1664, to amend the executive compensation certain modifications in the Thrift Savings Plan, the provisions of the Emergency Economic Stabilization Civil Service Retirement System, and the Federal Act of 2008 to prohibit unreasonable and excessive Employees’ Retirement System and Pages H4268–75 compensation and compensation not based on per- Congratulating the on-premise sign industry for formance standards, by a recorded vote of 247 ayes its contributions to the success of small businesses: to 171 noes with 1 voting ‘‘present’’, Roll No. 182. H. Res. 298, to congratulate the on-premise sign in- Pages H4262–68, H4287–H4310 dustry for its contributions to the success of small Pursuant to the rule, the amendment in the na- businesses. Pages H4369–70 ture of a substitute recommended by the Committee on Financial Services now printed in the bill shall be Privileged Resolution: The House agreed to table considered as an original bill for the purpose of H. Res. 312, raising a question of the privileges of amendment under the 5-minute rule. the House, by a yea-and-nay vote of 217 yeas to 185 Pages H4262, H4294–95 nays with 16 voting ‘‘present’’, Roll No. 175. Agreed to: Pages H4283–83 Frank (MA) amendment (No. 1 printed in H. Suspension—Failed: The House failed to agree to Rept. 111–71) that further clarifies that an institu- suspend the rules and pass the following measure: tion does not become subject to the limitations on End Government Reimbursement of Excessive compensation in this bill as a result of doing busi- Executive Disbursements (End GREED) Act: H.R. ness with an institution that has received a direct 1575, amended, to authorize the Attorney General capital investment under either the TARP or HERA. to limit or recover excessive compensation paid or Exempts severance pay from coverage if the payment payable by entities that have received Federal finan- is made in the ordinary course to an employee who cial assistance on or after September 1, 2008, by a has been with the institution at least 5 years prior to dismissal, as long as that payment is not greater 2⁄3 yea-and-nay vote of 223 yeas to 196 nays, Roll than the employee’s annual salary or $250,000. Re- No. 178. Pages H4275–83, H4285–86 quires the compensation data that an institution Moment of Silence: The House observed a moment must report annually to the Treasury to include con- of silence in honor of the men and women in uni- tributions made for the benefit of an employee’s im- form who have given their lives in the service of our mediate family members. Creates a Commission on

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01AP9.REC D01AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE D388 CONGRESSIONAL RECORD — DAILY DIGEST April 1, 2009 Executive Compensation to study the executive com- Family Smoking Prevention and Tobacco Con- pensation system for recipients of direct capital in- trol Act: The House began consideration of H.R. vestments under the TARP and make recommenda- 1256, to protect the public health by providing the tions for legislative and regulatory action; Food and Drug Administration with certain author- Pages H4295–98 ity to regulate tobacco products. Further proceedings Cardoza amendment (No. 2 printed in H. Rept. were postponed. Pages H4310–68 111–71) that allows the Treasury Secretary to ex- Pursuant to the rule, the amendment printed in empt financial institutions receiving TARP funds part A of H. Rept. 111–72 shall be considered as under a certain threshold; Pages H4298–H4300 adopted. Page H4318 Bilirakis amendment (No. 5 printed in H. Rept. Proceedings Postponed: 111–71) that clarifies that an institution that is not Buyer amendment in the nature of a substitute a TARP recipient will not be subject to the require- (printed in part B of H. Rept. 111–72) that seeks to create a Tobacco Harm Reduction Center under ments of the bill as a result of doing business with the Department of HHS to regulate all tobacco a TARP recipient; Pages H4304–05 products and establishes a regulatory scheme to pro- Bean amendment (No. 4 printed in H. Rept. vide for tobacco prevention, education, and cessation 111–71) that allows institutions that enter into a programs. Page H4318 payment schedule with Treasury on terms set by H. Res. 307, the rule providing for consideration Treasury to no longer be subject to the bonus and of the bill, was agreed to by voice vote after agreeing compensation restrictions created by the Act. If an to order the previous question without objection. institution defaults on its payment schedule, any bo- Page H4318 nuses and compensation that exceed the regulations Setting forth the congressional budget for the promulgated in accordance to the Act would be sub- United States Government for fiscal year 2010 ject to clawback (by a recorded vote of 228 ayes to and including the appropriate budgetary levels 198 noes with 1 voting ‘‘present’’, Roll No. 180); for fiscal years 2009 and 2011 through 2014: The and Pages H4302–04, H4308–09 House began consideration of H. Con. Res. 85, to Dahlkemper amendment (No. 7 printed in H. set forth the congressional budget for the United Rept. 111–71) that clarifies the definition of execu- States Government for fiscal year 2010 and includ- tive compensation to include payments made before, ing the appropriate budgetary levels for fiscal years during and after employment, and makes explicit 2009 and 2011 through 2014. Further proceedings that the definition of compensation considered under were postponed. Pages H4257–62, H4370–93 the standards to be prepared by the Secretary are to H. Con. Res. 305, the rule providing for consider- include payment of money, transfers of property or ation of the resolution, was agreed to by a yea-and- provision of services (by a recorded vote of 246 ayes nay of 234 yeas to 179 nays, Roll No. 176, after to 180 noes with 1 voting ‘‘present’’, Roll No. 181). agreeing to order the previous question without ob- Pages H4306–08, H4309 jection. Pages H4257, H4284–85 Rejected: Commission on Wartime Contracting—Appoint- Meeks (NY) amendment (No. 3 printed in H. ment: Read a letter from Representative Boehner, Rept. 111–71) that sought to exempt from com- Minority Leader, in which he appointed The Honor- pensation standards any institutions that receive able Christopher Shays of Connecticut to the Com- TARP funding or payment agreements entered into mission on Wartime Contracting. Page H4393 before the enactment of this bill and Pages H4300–02 Quorum Calls—Votes: Five yea-and-nay votes and DeFazio amendment (No. 6 printed in H. Rept. three recorded votes developed during the pro- 111–71) that sought to amend the Emergency Eco- ceedings of today and appear on pages H4283–84, nomic Stabilization Act of 2008 to make the share- H4284–85, H4285, H4285–86, H4286–87, H4308, holder vote on executive compensation packages H4309, H4309–10. There were no quorum calls. binding upon the board of directors. Pages H4305–06 H. Res. 306, the rule providing for consideration Adjournment: The House met at 10 a.m. and ad- of the bill, was agreed to by a yea-and-nay vote of journed at 12:30 a.m. 236 yeas to 175 nays with 1 voting ‘‘present’’, Roll No. 177, after agreeing to order the previous ques- Committee Meetings tion without objection. Page H4285 STATE OF THE FARM ECONOMY Meeting Hour: Agreed that when the House ad- Committee on Agriculture: Subcommittee on General journs today, it adjourn to meet at 9 a.m. tomorrow. Farm Commodities and Risk Management held a Page H4310 hearing to review the state of the farm economy.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01AP9.REC D01AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 1, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D389 Testimony was heard from Joe Glauber, Chief Econ- duce Healthcare-Associated Infections. Testimony omist, USDA; Howard K. Gruenspecht, Acting Ad- was heard from the following officials of the Depart- ministrator, Energy Information Administration, De- ment of Health and Human Services: Don Wright, partment of Energy; Jason R. Henderson, Vice Presi- M.D., Principal Deputy Assistant Secretary, Health; dent and Branch Executive, Federal Reserve Bank of Richard Besser, M.D., Acting Director, CDC; and Kansas City; and public witnesses. Carolyn Clancy, Director, Agency for Healthcare and COMMERCE, JUSTICE, SCIENCE Quality; and public witnesses. APPROPRIATIONS TRANSPORTATION, HUD Committee on Appropriations: Subcommittee on Com- APPROPRIATIONS merce, Justice, Science, and Related Agencies held a hearing on Legal Services Corporation; and on Justice Committee on Appropriations: Subcommittee on Trans- Reinvestment. Testimony was heard from the fol- portation, Housing and Urban Development, and lowing officials of the Legal Services Corporation: Related Agencies held a hearing on The Future of Helaine Barnett, President; and Lillian BeVier, Vice High Speed Rail, Intercity Passenger Rail and Am- Chair, Board of Directors; Jerry Madden, Vice-Chair, trak. Testimony was heard from Susan Fleming, Di- House Corrections Committee, House of Representa- rector, Physical Infrastructure, GAO; Joe Boardman, tives, Texas; Roger Werholtz, Secretary, Department President and CEO, Amtrak; Jolene M. Molitoris, of Corrections, Kansas; and a public witness. Director, Department of Transportation, Ohio; and a public witness. DEFENSE APPROPRIATIONS Committee on Appropriations: Subcommittee on Defense MEASURING VALUE AND EFFICIENCY held a hearing on Shipbuilding Programs. Testimony Committee on Armed Services: Subcommittee on Defense was heard from the following officials of the Depart- Acquisition Reform Panel held a hearing on Meas- ment of the Navy: Allison Stiller, Deputy Assistant uring Value and Efficiency: How to Assess the Per- Secretary, for Ships; and VADM Barry McCullough, formance of the Defense Acquisition System. Testi- USN, Deputy Chief, Naval Operations for Resources. mony was heard from David G. Ahern, Director, HOMELAND SECURITY APPROPRIATIONS Portfolio Systems Acquisition, Office of the Under Committee on Appropriations: Subcommittee on Home- Secretary, Acquisitions, Technology, and Logistics, land Security held a hearing on Cargo and Container Department of Defense; and Mike J. Sullivan, Direc- Security: Keeping a Lid on Threats. Testimony was tor, Acquisitions and Sourcing Management, GAO. heard from the following officials of the Department of Homeland Security: Jayson Ahern, Acting Com- COORDINATING CONTRACT SUPPORT ON missioner; and Thomas Winkowski, Assistant Com- THE BATTLEFIELD missioner, Office of Field Operations, both with Committee on Armed Services: Subcommittee on Over- Customs and Border Protection; and Charles sight and Investigations held a hearing on Coordi- Gallaway, Acting Director, Domestic Nuclear Detec- nating Contract Support on the Battlefield: Defense, tion Office. State and U.S. AID. Testimony was heard from Gary INTERIOR, ENVIRONMENT Motsek, Assistant Deputy Under Secretary, Program APPROPRIATIONS Support, Department of Defense; the following officials of the Department of State: William Moser, Committee on Appropriations: Subcommittee on Inte- Deputy Assistant Secretary, Logistics Management; rior, Environment, and Related Agencies held a and Maureen A. Shauket, Senior Procurement Execu- hearing on Wildfire Suppression. Testimony was tive Director, Office of Acquisition and Assistance, heard from Robin M. Nazzaro, Director, Natural Re- U.S. Agency for International Development; and sources and Environment, GAO; Hank Kashdan, As- John Hutton, Director, Acquisition and Sourcing sociate Chief, U.S. Forest Service, USDA; Pam Haze, Management, GAO. Deputy Assistant Secretary, Budget and Business, Department of the Interior; and a public witness. NATIONAL SECURITY PERSONNEL LABOR, HHS, EDUCATION SYSTEM—THE WAY FORWARD APPROPRIATIONS Committee on Armed Services: Subcommittee on Readi- Committee on Appropriations: Subcommittee on Labor, ness held a hearing on the National Security Per- Health and Human Services, Education and Related sonnel System—the Way Forward. Testimony was Agencies held a hearing on Pathways to Health Re- heard from Brad Bunn, Program Executive Officer, form: Implementing the National Strategy to Re- National Security Personnel System, Department of

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VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D01AP9.REC D01AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 1, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D391 NETWORKING AND INFORMATION COMMITTEE MEETINGS FOR THURSDAY, TECHNOLOGY RESEARCH AND APRIL 2, 2009 DEVELOPMENT ACT (Committee meetings are open unless otherwise indicated) Committee on Science and Technology: Held a hearing on Networking and Information Technology Research Senate and Development Act of 2009. Testimony was heard Committee on Appropriations: Subcommittee on Transpor- from public witnesses. tation, Housing and Urban Development, and Related Agencies, to hold hearings to examine the role of the IRS OVERSIGHT Federal Housing Administration (FHA) in addressing the Committee on Small Business: Held a hearing on IRS housing crisis, 10 a.m., SD–138. Committee on Armed Services: business meeting to mark Oversight: Are Tax Compliance Costs Slowing the up S. 454, to improve the organization and procedures of Economic Recovery? Testimony was heard from the Department of Defense for the acquisition of major Donald Shulman, Commissioner, IRS, Department of weapon systems, 9 a.m., SD–106. the Treasury; and a public witness. Committee on Environment and Public Works: to hold hearings to examine the nomination of Regina McCarthy, of CIVIL RIGHT SERVICES AND DIVERSITY Massachusetts, to be an Assistant Administrator, Office of INITIATIVES IN THE COAST GUARD Air and Radiation, of the Environmental Protection Committee on Transportation and Infrastructure: Sub- Agency, 10 a.m., SD–406. committee on Coast Guard and Maritime Transpor- Committee on Finance: to hold hearings to examine the tation held a hearing on Civil Rights Services and nomination of Kathleen Sebelius, of Kansas, to be Sec- Diversity Initiatives in the Coast Guard. Testimony retary of Health and Human Services, 10 a.m., SD–215. Committee on Homeland Security and Governmental Affairs: was heard from the following officials of the U.S. to hold hearings to examine recovery and reinvestment Coast Guard, Department of Homeland Security: spending, 10 a.m., SD–342. Terri Dickerson, Director, Coast Guard Office of Committee on Indian Affairs: to hold hearings to examine Civil Rights; and RADM Jody A. Breckenridge, S. 313, to resolve water rights claims of the White USCG, Assistant Commandant, Human Resources. Mountain Apache Tribe in the State of Arizona, S. 443, to transfer certain land to the United States to be held HEALTH REFORM IN THE 21ST CENTURY in trust for the Hoh Indian Tribe, to place land into trust Committee on Ways and Means: Held a hearing on for the Hoh Indian Tribe, S. 633, to establish a program Health Reform in the 21st Century: Reforming the for tribal colleges and universities within the Department Health Care Delivery System. Testimony was heard of Health and Human Services and to amend the Native from Glenn M. Hackbarth, Chairman, Medicare Pay- American Programs Act of 1974 to authorize the provision of grants and cooperative agreements to tribal col- ment Advisory Commission; and public witnesses. leges and universities, and H.R. 326, to direct the Sec- BRIEFINGS—NORTH KOREA UPDATE; AND retary of the Interior to take lands in Yuma County, Ari- zona, into trust as part of the reservation of the Cocopah AFGHANISTAN Tribe of Arizona, 10 a.m., SD–628. Permanent Select Committee on Intelligence: Met in execu- Committee on the Judiciary: business meeting to consider tive session to receive a briefing on North Korea up- S. 515, to amend title 35, United States Code, to provide date. The Committee was briefed by departmental for patent reform, 10 a.m., SD–226. witnesses. House The Committee also met in executive session to receive a briefing on Afghanistan. The Committee Committee on Agriculture, to review Federal food safety was briefed by departmental witnesses. systems, 10 a.m., 1300 Longworth. Committee on Appropriations, Subcommittee on Com- INTELLIGENCE COMMUNITY— merce, Justice, Science and Related Agencies, on Outside MANAGEMENT ISSUES Witnesses and Members of Congress, 10 a.m., H–309 Capitol. Permanent Select Committee on Intelligence: Sub- Subcommittee on Defense, executive, on Missile De- committee on Intelligence Community Management fense Agency Overview, 10 a.m., H–140 Capitol. held a hearing on Management Issues in the Intel- Subcommittee on Homeland Security, on Immigration ligence Community. Testimony was heard from Ed Enforcement and Citizenship Verification, 10 a.m., 2359 Maguire, Inspector General, Office of the Director of Rayburn. National Intelligence. Subcommittee on Interior, Environment, and Related Agencies, on Minerals Management Service Oversight, 1:30 p.m., B–308 Rayburn. Joint Meetings Committee on Armed Services, hearing on the New Strat- No joint committee meetings were held. egy for Afghanistan and Pakistan and developments in

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U.S. Central Command and Special Operations Com- Implications of State and Local Enforcement of Federal mand, 10 a.m., 2118 Rayburn. Immigration Laws, 10 a.m., 2141 Rayburn. Subcommittee on Military Personnel, hearing on im- Committee on Natural Resources,, Subcommittee on Na- proving recovery and full accounting of POW/MIA per- tional Parks, Forests and Public Lands, hearing on H.R. sonnel from all past conflicts, 2 p.m., 2212 Rayburn. 1612, Public Lands Services Corps Act of 2009, 2 p.m., Subcommittee on Terrorism, Unconventional Threats 1324 Longworth. and Capabilities, hearing on Terrorism and the New Age Committee on Oversight and Government Reform, to con- of Irregular Warfare: Challenges and Opportunities, 3:30 sider the following measures: H. Res. 214, Recognizing p.m., 2118 Rayburn. the efforts of the countless volunteers who helped the Committee on Energy and Commerce, Subcommittee on Commonwealth of Kentucky recover from the ice storm Communications, Technology, and the Internet, hearing of January 2009; H. Res. 254, Recognizing the designa- on Oversight of the American Recovery and Reinvest- tion of March 2009 as Irish American Heritage Month ment Act: Broadband, 9:30 a.m., 2322 Rayburn. and honoring the significance of Irish Americans in the Subcommittee on Health, hearing on Making Health history and progress of the United States; H.R. 1516, To Care Work for American Families: Saving Money, Saving designate the facility of the United States Postal Service Lives, 10 a.m., 2123 Rayburn. located at 37926 Church Street in Dade City, Florida, as Committee on Financial Services, Subcommittee on Finan- the ‘‘Sergeant Marcus Mathes Post Office;’’ and H.R. cial Institutions and Consumer Credit, to continue mark 1595, To designate the facility of the United States Post- up of H.R. 627, Credit Cardholders’ Bill of Rights Act al Service located at 3245 Latta Road in Rochester, New of 2009, 2 p.m., followed by a hearing on H.R. 1214, York, as the ‘‘Brian K. Schramm Post Office Building,’’ Payday Loan Reform Act of 2009, 2:30 p.m., 2128 Ray- followed by a hearing on the Collapse and Federal Rescue burn. of AIG and What it Means for the U.S. Economy, 10 Committee on Foreign Affairs, Subcommittee on Asia, the a.m., 2154 Rayburn. Pacific, and the Global Environment, hearing on the Committee on Small Business, Subcommittee on Rural South Pacific Tuna Treaty: Next Steps for Renewal, 10 Development, Entrepreneurship and Trade, hearing on a.m., 2200 Rayburn. legislative Initiatives to Modernize the SBA’s Entrepre- Subcommittee on Middle East and South Asia, hearing neurial Development Programs, 10:30 a.m., 2360 Ray- on U.S. Strategy for Afghanistan: Achieving Peace and burn. Stability in the Graveyard of Empires, 10 a.m., 2172 Committee on Transportation and Infrastructure, to consider Rayburn. the following measures: H.R. 1665, Coast Guard Acquisi- Subcommittee on Terrorism, Nonproliferation and tion Reform Act of 2009; H.R. 1746, Pre-Disaster Miti- Trade, hearing on Export Controls and Satellite Tech- gation Act of 2009; H.R. 1747, Great Lakes Icebreaker nology, 1 p.m., 2175 Rayburn. Replacement Act; H.R. 1178, To direct the Comptroller Committee on Homeland Security, hearing entitled ‘‘Home- General of the United States to conduct a study on the land Security Policymaking: HSC at a Crossroads and use of Civil Air Patrol personnel and resources to support Presidential Study Directive 1,’’ 10 a.m., 311 Cannon. homeland security missions; a resolution Supporting the Committee on the Judiciary, Subcommittee on Commer- goals and ideals of National Public Works Week; H. Res. cial and Administrative Law, hearing on Consumer Debt: 269, Supporting the goals of Motorcycle Safety Awareness Are Credit Cards Bankrupting Americans? 2 p.m., 2141 Month; and other pending business, 11 a.m., 2167 Ray- Rayburn. burn. Subcommittee on the Constitution, Civil Rights, and Committee on Veterans’ Affairs, Subcommittee on Eco- Civil Liberties, to mark up the John Hope Franklin nomic Opportunity, hearing on Vocational Rehabilitation Tulsa-Greenwood Race Riot Claims Accountability Act of and Employment Programs, 1 p.m., 334 Cannon. 2009, 9:30 a.m., 2141 Rayburn. Permanent Select Committee on Intelligence, executive, briefing Subcommittee on Immigration, Citizenship, Refugees, on Signals Intelligence, 2 p.m., 304 HVC. Border Security and International Law, and the Sub- Subcommittee on Terrorism, Human Intelligence, committee on Constitution, Civil Rights and Civil Lib- Analysis, and Counterintelligence, executive, briefing on erties, joint hearing on the Public Safety and Civil Rights Global Deployment, 10 a.m., 304 HVC.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED ELEVENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

EXECUTIVE DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 6 through March 31, 2009 January 6 through March 31, 2009

Senate House Total Civilian nominations, totaling 120, disposed of as follows: Days in session ...... 53 46 . . Confirmed ...... 40 Time in session ...... 386 hrs., 5′ 292 hrs., 13′ .. Unconfirmed ...... 76 Congressional Record: Withdrawn ...... 4 Pages of proceedings ...... 4,109 4,252 . . Extensions of Remarks ...... 834 . . Public bills enacted into law ...... 4 8 . . Other Civilian nominations, totaling 10, disposed of as follows: Private bills enacted into law ...... Confirmed ...... 4 Bills in conference ...... Unconfirmed ...... 6 Measures passed, total ...... 88 202 290 Senate bills ...... 16 5 . . House bills ...... 8 76 . . Air Force nominations, totaling 4,688, disposed of as follows: Senate joint resolutions ...... 4 1 . . Confirmed ...... 222 House joint resolutions ...... 1 2 . . Unconfirmed ...... 4,466 Senate concurrent resolutions ...... 7 2 . . House concurrent resolutions ...... 7 15 . . Simple resolutions ...... 45 101 . . Army nominations, totaling 1,007, disposed of as follows: Measures reported, total ...... *34 *70 104 Confirmed ...... 436 Senate bills ...... 11 1 . . Unconfirmed ...... 571 House bills ...... 35 . . Senate joint resolutions ...... House joint resolutions ...... Navy nominations, totaling 128, disposed of as follows: Senate concurrent resolutions ...... 1 . . . . Confirmed ...... 35 House concurrent resolutions ...... 4 . . Unconfirmed ...... 93 Simple resolutions ...... 22 30 . . Special reports ...... 9 1 . . Conference reports ...... 1 . . Marine Corps nominations, totaling 1,458, disposed of as follows: Measures pending on calendar ...... 33 17 . . Confirmed ...... 74 Measures introduced, total ...... 871 2,267 3,138 Unconfirmed ...... 1,384 Bills ...... 747 1,824 .. Joint resolutions ...... 13 42 . . Concurrent resolutions ...... 15 90 . . Summary Simple resolutions ...... 96 311 . . Quorum calls ...... 1 1 . . Total nominations carried over from the First Session ...... 0 Yea-and-nay votes ...... 118 122 . . Total nominations received this Session ...... 7,411 Recorded votes ...... 51 . . Total confirmed ...... 811 Bills vetoed ...... Total unconfirmed ...... 6,596 Vetoes overridden ...... Total withdrawn ...... 4 Total Returned to the White House ...... 0

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, April 2 9 a.m., Thursday, April 2

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Complete consideration of H.R. ation of S. Con. Res. 13, Budget Resolution. 1256—Family Smoking Prevention and Tobacco Control Act (Subject to a Rule). Complete consideration of H. Con. Res. 85—Concurrent Resolution on the Budget for Fiscal Year 2010 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Engel, Eliot L., N.Y., E836 Oberstar, James L., Minn., E840, E843 Eshoo, Anna G., Calif., E842 Poe, Ted, Tex., E847 Alexander, Rodney, La., E849 Filner, Bob, Calif., E844, E848 Rangel, Charles B., N.Y., E838, E842 Bartlett, Roscoe G., Md., E843 Hoyer, Steny H., Md., E847 Reyes, Silvestre, Tex., E845, E846, E847, E848, E848, Calvert, Ken, Calif., E841 Jackson-Lee, Sheila, Tex., E835, E841, E844 E849, E850, E850, E850, E851 Cleaver, Emanuel, Mo., E837 Johnson, Timothy V., Ill., E836 Schiff, Adam B., Calif., E837, E839 Cole, Tom, Okla., E835 Larson, John B., Conn., E846 Connolly, Gerald E., Va., E848 Latham, Tom, Iowa, E835, E836, E843 Sessions, Pete, Tex., E843 Conyers, John, Jr., Mich., E847 Markey, Betsy, Colo., E843 Shuster, Bill, Pa., E838 Cuellar, Henry, Tex., E835 Moran, James P., Va., E840 Skelton, Ike, Mo., E835, E836, E842 Davis, Artur, Ala., E846 Murtha, John P., Pa., E845 Terry, Lee, Nebr., E840 Diaz-Balart, Mario, Fla., E845 Nadler, Jerrold, N.Y., E839 Woolsey, Lynn C., Calif., E838

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