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 29, 2009 No. 64 House of Representatives The House met at 10 a.m. There was no objection. Mr. KLEIN of Florida. Madam Speak- Rev. Grzegorz ‘‘Greg’’ Brozonowicz, Mr. COURTNEY. Madam Speaker, it er, I rise today in honor of National St. Mary’s, Mother of the Redeemer is a pleasure to introduce this morning Autism Awareness Month. Roman Catholic Church, Groton, Con- Father Grzegorz Brozonowicz, other- Each April, Americans have a special necticut, offered the following prayer: wise known as ‘‘Father Greg,’’ at St. opportunity to learn more about au- Gracious God, the men and women Mary’s, Mother of the Redeemer Par- tism. In south Florida, we have a vi- assembled here to serve the American ish, in Groton, Connecticut, who deliv- brant community of activists and fami- people ask You for a blessing. ered a beautiful prayer this morning, lies fighting every day to raise aware- We pray that, through Your grace, and he has a wonderful story in his life. ness and funds for scientific research they gain the vision to see clearly, the He was born in Poland, was educated on the causes of and cures for autism. courage to act rightly, the humility to in Poland, came to the U.S. in 1990, Two of the strongest voices in our com- consider all sides of issues, the love to went through the seminary in our munity belong to Suzanne and Bob accept disagreement, and the faith to country, was ordained as a parish Wright, the founders of Autism Speaks. persevere through discouragement and priest by the Archdiocese of Norwich in In just 4 years, this extraordinary or- adversity. 1996, and is now a leader at his church ganization has committed an unprece- May they have the wisdom to see in Groton, Connecticut. dented $128 million in new research America’s destiny as linked to Your He does appear to have a humble de- funding to uncover causes, treatments will. meanor, but I would just say, Madam and cures for autism. In addition to We thank You, Lord, for the oppor- Speaker, that he is a very dynamic supporting scientific research, Autism priest. He has a growing parish. He has tunity to serve and to grow in that Speaks builds community among fami- many programs reaching out to young service. lies with autism, and it raises aware- people, having them involved in the Amen. ness in south Florida, around the coun- community, helping the disadvantaged. try and around the world. f He is setting up a twinning parish pro- In recognition of Autism Awareness gram in Haiti to try and reach out, THE JOURNAL Month, I commend Susan and Bob again, to deal with the huge challenges The SPEAKER. The Chair has exam- Wright and Autism Speaks, as well as ined the Journal of the last day’s pro- that that impoverished country faces. He became an American citizen a few all of the families in our community ceedings and announces to the House days before Christmas, this past facing autism. her approval thereof. Christmas of 2008, and like many f Pursuant to clause 1, rule I, the Jour- Roman Catholic churches throughout nal stands approved. our country, there clearly is a pipeline HONORING THE WOMEN AIR FORCE f from Poland now that is populating our SERVICE PILOTS OF WWII parishes and keeping a vibrant church PLEDGE OF ALLEGIANCE (Ms. ROS-LEHTINEN asked and was alive and well in the U.S. The SPEAKER. Will the gentle- I want to thank him for his great given permission to address the House woman from Florida (Ms. ROS- service and for his great words this for 1 minute and to revise and extend LEHTINEN) come forward and lead the morning. her remarks.) House in the Pledge of Allegiance. Ms. ROS-LEHTINEN. Madam Speak- Ms. ROS-LEHTINEN led the Pledge f er, I rise in support of H.R. 2014, a bill of Allegiance as follows: ANNOUNCEMENT BY THE SPEAKER that Congresswoman SUSAN DAVIS and I pledge allegiance to the Flag of the The SPEAKER. The Chair will enter- I have introduced, which honors the United States of America, and to the Repub- tain up to 15 further 1-minutes on each Women Air Force Service Pilots of lic for which it stands, one nation under God, side of the aisle. World War II. indivisible, with liberty and justice for all. f WASP, or Women Air Force Service f Pilots, were the first women in history NATIONAL AUTISM AWARENESS to fly America’s military aircraft. Be- WELCOMING REV. GRZEGORZ MONTH ‘‘GREG’’ BROZONOWICZ tween the years 1942–1944, these coura- (Mr. KLEIN of Florida asked and was geous women volunteered to fly non- The SPEAKER. Without objection, given permission to address the House combat missions so that every avail- the gentleman from Connecticut (Mr. for 1 minute and to revise and extend able male pilot could be deployed in COURTNEY) is recognized for 1 minute. his remarks.) combat.

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 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.000 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4918 CONGRESSIONAL RECORD — HOUSE April 29, 2009 By the time the war ended, 38 women Four former CIA Directors, as well as For 2009, Debt Day fell on April 26, this pilots had lost their lives while flying the current Director, advised against past Sunday. This is an astonishingly for our country. releasing these memos. early day in the year to run out of These valiant women have never re- As ex-CIA Director Michael Hayden money. Last year, it was August 5. So ceived the full recognition that they recently said, ‘‘If you look at these in 4 months, this Congress and this ad- deserve for their wartime military documents that have been made public, ministration has shattered all previous service to America. Their example it says ‘Top Secret’ at the top. The def- records for debt levels, moving Debt paved the way for women who today fly inition of ‘Top Secret’ is information Day up in the calendar over 3 months every type of aircraft. which, if revealed, would cause grave from last year. President Obama and My daughter-in-law, Lindsay, flies F/ harm to the United States’ security.’’ this Congress make the Bush deficit A–18 fighter jets for the Marine Corps Furthermore, General Hayden said look trivial. thanks to these courageous women. Of that the use of these interrogation Friends, this is the most valuable the 1,102 WASPs trained during World techniques against these terrorists and expensive credit card in history, a War II, only 300 of these women pio- made us safe. Member of Congress voting card. This neers are still alive today. The release of the top secret memos Congress has taken out their credit Madam Speaker, the time is now for were motivated by politics, pure and cards and saddled our children and us to honor these women with this simple. They were designed to embar- grandchildren with debt, mortgaging body’s highest honor, the Congres- rass, not to protect. So much for Presi- their future. Since the first of the year we’ve sional Gold Medal. As such, I urge my dent Obama’s promise to look forward, spent $350 billion in TARP, billions in colleagues to cosponsor this bill, and I not backward. These memos never auto bailouts, $787 billion in stimulus, urge its prompt consideration. should have been released. $410 billion in omnibus, $3.5 trillion in f As another former CIA Director, Por- the budget—mostly borrowed money— ter Goss, recently wrote, ‘‘We can’t HONORING FORMER STATE all of this debt dumped on future gen- have a secret intelligence service if we SENATOR CONSTANCE WILLIAMS erations. keep giving away all the secrets.’’ (Mr. SESTAK asked and was given f f permission to address the House for 1 COMPREHENSIVE IMMIGRATION minute.) HONORING THE MEN AND WOMEN REFORM Mr. SESTAK. Madam Speaker, I rise OF TROOP B, 1–98TH CAVALRY (Mr. BACA asked and was given per- to acknowledge the fortitude, forbear- REGIMENT OF THE MISSISSIPPI mission to address the House for 1 ance and intelligence of former State NATIONAL GUARD minute.) Senator Constance Williams, who bril- (Mr. CHILDERS asked and was given Mr. BACA. Madam Speaker, Presi- liantly represented the 149th Legisla- permission to address the House for 1 dent Obama reaffirmed his commit- tive District of Pennsylvania from 1997 minute.) ment for comprehensive immigration until 2001. She then was victorious in a Mr. CHILDERS. Madam Speaker, I reform in an interview on Univision. special election and was elevated to rise today to honor the brave men and The President believes ‘‘that it is in Pennsylvania senator, serving with dis- women of the Troop B, 1–98th Cavalry the interest of everybody, and in the tinction the 17th Senatorial District of Regiment of the Mississippi National interest of the U.S. economy over time, Pennsylvania from 2001–2008. Guard. for us to resolve this issue in a com- Connie, a leader who chose to devote These soldiers of Company B, based prehensive way.’’ her energies to political life in support in Booneville, Mississippi, were de- The immigration crisis is not a prob- of her district’s citizens, served in that ployed in January of 2005 as part of Op- lem to be left to solve tomorrow or post until she retired at the peak of her eration Iraqi Freedom. After extensive sometime in the future. I support powers and abilities just last year. training, Company B has loyally served President Obama as he reiterates that Throughout her career in public life, our Nation in the past, and will leave we need to ‘‘resolve the issue in a com- prehensive way that provides a path- Connie always led by example and soon to once again protect freedoms way to legalization but also deals more never lost sight of the fact that polit- abroad. effectively with our borders.’’ He has ical leaders are, first and foremost, I would like to call attention to the created hope and the change that this public servants. She was a tireless and very nature of the Mississippi National country really believes in. revered champion of so many issues, Guard and of their fellow units in Mis- from women’s rights and equality to We cannot ignore the 12 to 14 million sissippi as well as in other States. undocumented immigrants working be- strong public schools, and her embrace These weekend warriors are prepared of the principles of honest, good gov- side the rest of us every day. Thou- not only to serve abroad but to assist sands of young children who are U.S. ernance earned her respect and admira- in domestic situations when called tion throughout the community and citizens are being left stranded to fend upon, all the while working everyday for themselves as an immigration sys- across the political spectrum. jobs and supporting their families. When asked about her life in politics, tem is tearing them from their parents. I thank my colleagues for keeping I urge my colleagues and House lead- Connie had the best and, perhaps, the Troop B, 1–98th Cavalry Regiment of ership to work with the CHC and Presi- only appropriate response: ‘‘I love the Mississippi National Guard in their dent Obama to support a comprehen- working with and for people,’’ she said. thoughts and prayers as these heroic sive immigration reform that respects Senator Constance Williams remains men and women redeploy to the Middle all families. a vibrant figure in Pennsylvania poli- East. Please join me in honoring Troop f tics today, and is a deserving example B 1–98th for their continuing service to of future leaders to embrace. America. STOP THIS SPENDING f (Mr. NEUGEBAUER asked and was f THE RELEASING OF INTERROGA- given permission to address the House b 1015 TION MEMOS HAS MADE US for 1 minute and to revise and extend LESS SAFE DEBT DAY his remarks.) Mr. NEUGEBAUER. Madam Speaker, (Mr. STEARNS asked and was given (Mr. PITTS asked and was given per- Mr. President, I think it’s time to lis- permission to address the House for 1 mission to address the House for 1 ten to the American people. I recently minute and to revise and extend his re- minute and to revise and extend his re- received a letter from one of my con- marks.) marks.) stituents. They said, ‘‘I have a job, a Mr. STEARNS. Madam Speaker, the Mr. PITTS. Madam Speaker, Debt family, a mortgage and, yes, I have in- selective release of memos on the en- Day is the day on which the govern- dulged in the credit card mess, but my hanced interrogation methods of the ment runs out of money in a given year husband and I have been working dili- previous administration has made us and all of the government spending for gently over the last 13 months to re- less safe. the rest of the year is borrowed money. duce our debt. My husband took on a

VerDate Nov 24 2008 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.002 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4919 part-time job to help in the matter. I than 8 hours of network news coverage The little fellow from Iran, have also gone back to college to fur- at the same point in his Presidency, Ahmadinejad, still boasts of nuclear ther my education. less than one-third as much. There is destruction of Israel while mocking our ‘‘Our lives are crazy with work, no reason to think the first 100 days President behind his back; Homeland school, family, teenagers and obliga- are any different. Security leaked vital intelligence tions, yet we manage to pay our bills Furthermore, 58 percent of all net- about national security; the defense and make sure Uncle Sam receives his work news evaluations of President budget is going to be cut so the new fair share. We have scaled back luxury Obama and his policies were favorable government can spend money on its items to achieve the goal of one day while only 33 percent of evaluations of own pet projects. being debt free. We have a budget for President Bush were favorable. These Hopefully, the new government will our personal finances, and when the numbers aren’t even close. change this dangerous trend and re- money is gone, we stop spending. Americans need the media to report member the first duty of government is ‘‘The idea of Congress and our Presi- the news objectively; not act as a shill to protect the American people. dent has of spending money that does for a Democratic President. And that’s just the way it is. not exist is absolutely insane. What f f kind of message are we sending to our PRICE OF INACTION ON BUDGET IS YOU GOTTA BE KIDDING children when our government cannot TOO HIGH even balance its own budget and abide (Mr. MORAN of Virginia asked and by it?’’ (Ms. CAPPS asked and was given per- was given permission to address the Madam Speaker, Mr. President, lis- mission to address the House for 1 House for 1 minute and to revise and ten to the American people: Stop this minute.) extend his remarks.) spending. Ms. CAPPS. Madam Speaker, today Mr. MORAN of Virginia. Madam f we will have the opportunity to vote on Speaker, under Chairman SPRATT’s the budget resolution, a budget which leadership, the Congress is poised to CLEAN GOVERNMENT makes a sound investment in our Na- pass a budget resolution. But unfortu- (Mr. HIMES asked and was given per- tion’s future. I especially want to ap- nately it’s likely to be a party-line mission to address the House for 1 plaud the health care provisions in the vote. The Republicans are asking us to minute.) resolution that will put us on track for trust them, they have a better way. Mr. HIMES. Good morning, Madam improving access to quality health care The only sane response to that is, You Speaker. for all Americans. gotta be kidding. I rise this morning to address the im- It is vital that we pass this bill with You had 8 years to manage this coun- portance of clean government and to the reconciliation instructions intact try’s budget and you blew it. In fact, urge my colleagues to support a num- so that we can achieve comprehensive you took a $5.6 trillion projected sur- ber of measures that will come before health reform this year. The price of plus and turned it into $5.8 trillion of this House to help assure that clean inaction is way too high. Fortunately, deficits. It’s the worst fiscal manage- government. the steps we will begin taking through ment over a Presidential administra- Citizens deserve and expect to know the budget resolution reconciliation in- tion in American history. And now that their elected representatives are structions will yield very positive re- they want us to trust them? acting purely in their best interests wards. In fact, we have stayed afloat by bor- and they, particularly in this moment This includes reform of the broken rowing. And now our biggest debtor is of crisis, should know that we act ex- Medicare reimbursement system. The the Communist Chinese dictatorship. clusively without conflicts of interest. budget addresses problems with geo- They own more American debt than I am proud to cosponsor legislation graphic variations in spending in anyone else. that would prohibit Representatives in health care. It invests in proven nurse We have had more Americans unem- this House from taking campaign con- home visitation programs for at-risk ployed, more Americans in poverty, tributions from those for whom they first-time mothers. And it improves and more Americans without health in- have made appropriations requests. the women, infant and children nutri- surance. This budget needs to pass for And I am proud to cosponsor a bill in- tion program. the sake of the American people. We troduced by my good friend and fellow I urge my colleagues to join me in need to look back and realize who the Connecticut Representative John voting ‘‘yes’’ on the budget resolution. American people can trust to be fis- LARSON. The gentleman’s bill will f cally responsible. make huge strides in removing the ARE WE SAFER? f money that so sullies our politics. The American people deserve no less, and I (Mr. POE of Texas asked and was HONORING THE BOY SCOUTS OF urge my colleagues to support these given permission to address the House PENNSYLVANIA bills as they approach the floor of this for 1 minute.) (Mr. THOMPSON of Pennsylvania House. Mr. POE of Texas. Madam Speaker, a asked and was given permission to ad- f lot of hype has occurred about the first dress the House for 1 minute and to re- hundred days of the new government. vise and extend his remarks.) STUDY FINDS MEDIA ACT AS The question to be asked is, is America Mr. THOMPSON of Pennsylvania. SHILL FOR OBAMA safer today than a hundred days ago? Madam Speaker, I rise today to recog- (Mr. SMITH of Texas asked and was Well, the government has determined nize the Boy Scout program that has given permission to address the House to close Guantanamo Bay prison in positively impacted the lives of thou- for 1 minute and to revise and extend spite of evidence these terrorists still sands of young people in central Penn- his remarks.) want to harm us; the United States is sylvania. Mr. SMITH of Texas. Madam Speak- considering canceling the development The Boy Scouts of America is one of er, network news programs gave Presi- of the most advanced fighter in world the Nation’s largest and most promi- dent Obama over three times more cov- history, the F–22; foreign computer nent values-based youth development erage than President Bush at the same hackers have gotten into the Defense organizations in the world. 2009 marks time in their presidencies, according to Department system; North Korea the 75th anniversary of the Seven a new study by George Mason and launched its first ballistic missile Mountains Boy Scout Camp and the Chapman Universities. During Presi- while we did nothing but object; the 80th anniversary of Juniata Valley Boy dent Obama’s first 50 days in office, the United States now wants to scrap its Scout Council. three network evening news programs missile defense system in Poland be- Madam Speaker, I am proud of the devoted over 1,000 stories lasting al- cause the Russians are complaining, scouting program that has made such a most 28 hours to President Obama— even though the system was designed difference in the lives of young men about half of their entire newscasts. By to protect us from Iranian missiles, not and women for eight decades. For near- contrast, President Bush received less the Russians. ly a century, the BSA has helped build

VerDate Nov 24 2008 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.005 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4920 CONGRESSIONAL RECORD — HOUSE April 29, 2009 the future leaders of this country by tor that will create millions of energy The Families USA report highlights combining educational activities and jobs. how vital it is that we tackle health lifelong values with fun. The Boy His policy will break us from our de- care reform now to help American fam- Scouts of America believes—and pendence upon foreign oil and begin ilies out of this middle class squeeze. through nearly a century of experience, making America energy independent, Our health care reform efforts must be knows—that helping youth is the key and it will stop the pollution that we focused on making care more afford- to building a more conscientious, re- have going into our atmosphere. It is able for families and businesses. sponsible, and productive society. time to take a new tack on energy. To lower costs, we must focus on pre- I congratulate the Juniata Valley f vention, computerizing medical Boy Scout Council, a National Quality records, eliminating waste, and more Council, for 80 years of service. I would ENERGY INDEPENDENCE THROUGH cost-effective treatments. also like to congratulate the Seven RENEWABLE ENERGY Thankfully, the White House and Mountains Boy Scout Camp, a nation- (Mr. TEAGUE asked and was given many in Congress are committed to ally recognized camping program, on permission to address the House for 1 taking action this year. its 75th anniversary. minute.) f f Mr. TEAGUE. Madam Speaker, when CONFERENCE REPORT ON S. CON. I was 17 years old, I went to work in DONATE LIFE MONTH RES. 13, CONCURRENT RESOLU- the oil fields making $1.50 an hour on a (Mr. COSTA asked and was given per- TION ON THE BUDGET FOR FIS- pulling unit to help support my family. CAL YEAR 2010 mission to address the House for 1 Over the years, I have done just about minute and to revise and extend his re- everything there is to do in oil and gas The SPEAKER pro tempore (Mrs. marks.) around New Mexico. People know that TAUSCHER). Pursuant to section 2 of Mr. COSTA. Madam Speaker, as the I am an oilman, and I am proud of that. House Resolution 371, proceedings will co-chair of the Congressional Organ In 2007 when I announced that I now resume on the conference report to and Tissue Donation Awareness Cau- would be running for Congress, people accompany the Senate concurrent reso- cus, I am pleased to rise today in rec- were surprised to find an oilman like lution (S. Con. Res. 13) setting forth ognition of Donate Life Month, hon- myself campaigning for energy inde- the congressional budget for the United oring all of the men and women who pendence through renewable energy. I States Government for fiscal year 2010, have made the decision to give the gift told people in Hobbs, Roswell, Carlsbad revising the appropriate budgetary lev- of life through organ donations. and all across southern New Mexico els for fiscal year 2009, and setting In 2007, over 28,000 people received that technologies like wind, solar and forth the appropriate budgetary levels transplants. Still, over 100,000 people biofuels were not only good for the en- for fiscal years 2011 through 2014. are currently, today, on the waiting vironment but would also create jobs The Clerk read the title of the Senate list. The numbers grow each day. De- in our communities and bolster our na- concurrent resolution. spite amazing advances in medical tional security. The SPEAKER pro tempore. When technology and the tremendous work If we are going to keep up with an in- proceedings were postponed on Tues- of the transplant community, sadly, creasing demand for energy, we need to day, April 28, 2009, 20 minutes of debate many of the patients will not live long put Americans to work producing en- remained on the conference report. enough to receive a transplant. ergy from the wind, the sun and such The gentleman from South Carolina Today, each of you have an oppor- new and strange things as algae. Our (Mr. SPRATT) has 10 minutes remaining tunity to make a difference in the life energy future should not be defined by and the gentleman from Wisconsin (Mr. of a daughter or mother, a father or a dependence on one source of energy, RYAN) has 10 minutes remaining. brother or a husband that is coping the vast majority of which we do not Mr. RYAN of Wisconsin. Madam with a life-threatening illness. I en- control. Speaker, I yield myself 3 minutes. Madam Speaker, I get a little bit of a courage each of my colleagues to make Like I said, I am an oilman, always sense of deja vu this morning. We’ve a pledge today that has nothing to do have been, always will be; but some- kind of been around this vote a while. with politics but everything to do with times it takes an oilman to say it: But we got some new news this morn- making a difference and that is to join America simply can’t continue to be ing that’s troubling news. The econ- me in supporting Donate Life Month by addicted to foreign sources of oil. becoming an organ donor. omy in the first quarter of this year f f has declined by 6.1 percent, 6.1 percent b 1030 negative economic growth, the worst AN AMERICAN CLEAN ENERGY drop in our economy now since the mid ECONOMY AND ENERGY INDE- HEALTH INSURANCE COSTS 1970s. And if you look at the data, it PENDENCE (FAMILIES USA REPORT) shows you that the American consumer (Mr. PERLMUTTER asked and was (Ms. CASTOR of Florida asked and is more or less hanging in there. It’s given permission to address the House was given permission to address the the investment from businesses that for 1 minute.) House for 1 minute.) has dried up. It is business investment Mr. PERLMUTTER. Madam Speaker, Ms. CASTOR of Florida. Madam that’s not occurring in this economy for decades, Washington has ignored Speaker, I rise today to bring attention that’s creating this great recession the energy crisis imperiling our econ- to the dramatic rise in the cost of leading to all these job losses. omy, our national security, and our health care for American families and So as we look at this budget, I think planet. Now President Obama is com- the need to take action. a few new points ought to be brought mitted to a comprehensive energy plan Yesterday, Families USA, a national to light since we have been around this that will generate millions of clean en- health advocacy group, released a re- budget quite a bit, which is, number ergy jobs, break our dependence on for- port that showed in my home State of one, looking at the economic data un- eign oil, and reduce the threat of dead- Florida and all across the country, derneath this budget. It shows you that ly pollution. more and more families are dealing the debt and deficits that are currently With the depletion of the world’s oil with huge increases in premiums and projected in this budget are going to go reserves and the growing disruption of copays. The report explains that for much higher. our climate, the development of clean, many years now, rising health care If you take a look at the economic renewable energy sources is the growth costs have been devouring a larger and assumptions that the Office of Manage- industry of the 21st century. President larger portion of family income. Health ment and Budget uses, they’re a whole Obama says that our economic future care costs were too high even before lot rosier than what’s occurring. If you demands we must lead the competition this economic crisis. And now the ris- look at their inflation projections, for clean energy. The President’s en- ing costs are a serious drag on eco- which inflation just came in at 2.9 per- ergy policy will jump-start the cre- nomic recovery for middle class fami- cent this quarter, they’re a whole lot ation of an American clean energy sec- lies and businesses, unless we act soon. rosier, meaning put reality into the

VerDate Nov 24 2008 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.008 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4921 budget and the deficits and debts go Madam Speaker, I reserve the bal- means. I believe it means we pay for even higher. ance of my time. what we buy rather than simply cut- We already see that the Congres- Mr. SPRATT. Madam Speaker, I ting our revenues, increasing our pur- sional Budget Office is telling us, yield 1 minute to the distinguished ma- chases, and hoping somehow something versus the President’s budget numbers, jority leader, the gentleman from magical will happen to balance the were about $2.1 trillion deeper into Maryland (Mr. HOYER). budget. It has never happened in the 20 deficits. Now with this new data, even (Mr. HOYER asked and was given years that I have served with Repub- more red ink. permission to revise and extend his re- lican Presidents pursuing that philos- But worse yet, as I just described, the marks.) ophy. current bad economic numbers we got, Mr. HOYER. I thank the chairman On energy, the budget funds incen- business investment is down. That for yielding. I thank the ranking mem- tives for cutting-edge research and means businesses are not investing. ber for his views. clean energy jobs, as well as an energy- So what does this budget do? It raises There is a disagreement, Madam efficient, money-saving, critically nec- taxes on investment. It raises taxes on Speaker. We have had a substantive essary smart grid. businesses. disagreement for a long time. In fact, On education this budget builds upon You’ve got to remember, Madam when I was elected to the Congress in the recovery plan with additional sup- Speaker, that almost 70 percent of our 1981, we had a very substantive dis- port for early childhood education, ele- jobs come from small businesses. More agreement on what the economic poli- mentary and secondary school stu- than half of those who pay those top cies would produce in terms of the sup- dents, and efforts to help more Ameri- tax rates are small businesses. It’s ply-side economic theory. My view, cans obtain a college degree. It expands those industrial companies that are in which differs from Mr. RYAN’s, is that access to education in the make-or- the business parks that ring the sides it produced large deficits, and it pro- break years of early childhood—I think of our cities in Elkhorn and Janesville duced large deficits in every year that critical if we are going to be competi- and Kenosha and Racine, Wisconsin. it was practiced in the 29 years that I tive in world markets. It increases Pell That’s where most people get their have been here. Only in the 8 years grants to help more students afford jobs. where President Clinton had the veto higher education and promotes job So what does this bill do? It raises pen and said no, we’re not going to go training and significant education re- taxes on those small businesses. It ac- down that road, did we produce sur- form. tually raises their taxes such to the pluses. Now, they were produced in On health care this budget responds point where they pay a higher tax rate large part because of an economy that to the skyrocketing costs that are than the largest corporations in Amer- rose more rapidly than any of us ex- straining families and businesses ica. pected because of the chip, the infor- across this Nation. Family premiums This budget also repeals tax deferral. mation technology explosion, all of have more than doubled since the year Now, what does that mean? That which was to the best interest of our 2000, and over the past 5 years, our means all of our big businesses that country. We had a $5.6 trillion surplus total health care spending has in- make things in America and sell them projected in 2001 by President Bush as creased at more than twice the rate of overseas, we’re going to tax them twice a result. Unfortunately, we pursued a inflation, consuming more and more of and make our exports even less com- policy with which I disagreed and our economy and our budget each year. petitive. We’re going to tax business which I said would produce high defi- This budget fights that trend by mak- investment. What does it do on capital cits and would not help our economy. ing a significant down-payment on the reform, taking steps to lower health gains and dividends, on the seed corn In fact, we produced high deficits, and care costs, improve quality, and expand and seed capital that funds the innova- our economy was in the worst shape access. That is what America voted in tions, that funds the entrepreneurial that any President has inherited an 2008. That is the responsibility that we startups, that the small businesses go economy since Franklin Roosevelt. are carrying out. to to get their money to expand and in- President Obama was confronted with The budget also allows us to use rec- vest and create jobs? It raises taxes on an economy that was in substantial de- onciliation to provide for an up-or- that as well. cline. down vote on reforming health care, Today the House has the rare oppor- So we are raising taxes on the very not as an option or first resort but as things that give us business invest- tunity to set America on a responsible a fallback if partisanship blocks ment and give us jobs. We are raising course for the future. I congratulate progress. taxes on the very things that make up Mr. SPRATT, I congratulate Mr. BOYD Essentially we’re saying the majority our pensions, our 401(k)s, and our col- and Ms. DELAURO, members of the con- will make policy. It didn’t take 60 per- lege savings plans. And we are raising ference, for the courage and leadership cent to elect the President. It didn’t these taxes $1.5 trillion a year in order they have displayed. Mr. SPRATT has take 60 percent to elect any of us to to chase ever higher spending. been, as always, extraordinarily in- this body. The premise of our Founding The SPEAKER pro tempore. The formed and extraordinarily involved Fathers was if a majority of Americans time of the gentleman has expired. with all of our Members in trying to believe we ought to move in a direc- Mr. RYAN of Wisconsin. I yield my- get to this point. The course that we tion, that’s the direction we ought to self an additional 30 seconds to say set ourselves on, in my view, is one of move. That has proved a very success- that we are raising taxes, the most we lasting prosperity, and I urge my col- ful policy for over two centuries. It is have ever done. I know the chairman leagues to seize this opportunity. a policy that we are providing for here. will give us some convoluted expla- Along with the American Recovery It is a policy that was provided for by nation on how this is actually cutting and Reinvestment Act, this budget is a the Republicans when they were in taxes. Keeping taxes where they are on key part of our response to this reces- charge time after time after time. some tax policies is not cutting taxes; sion. We have the power to emerge As the bipartisan Concord Coalition it’s keeping taxes where they are. Mak- from this recession a stronger Nation, points out: ‘‘The budget reconciliation ing them go up means you’re raising one with a future of clean energy and process was used in 1997, 1999, 2000, 2001, them to chase higher spending. The energy independence and a workforce 2003, and 2005 to reduce taxes,’’ as op- higher taxes in this bill never catch the ready to compete with the best in the posed to deficit reduction, which, of higher spending; so we have a moun- world and a reformed system of health course, reconciliation is designed to tain of debt among the likes we have care. This budget provides for those ob- address. never seen before. jectives. We also have a chance to vote Moreover, a case can be made that That is why we have such a dif- for the principles of fiscal responsi- health care reform that includes spend- ference of opinion with this budget. bility and put ourselves on a truly sus- ing restraints and squeezes inefficien- That is why we offered a principled al- tainable course. cies out of the system is integral to ternative to this budget, which is con- There is a real difference in this reining in the rapid growth of health trolling spending, keeping taxes low, House, in the Senate, and in this coun- care costs, which is a major, a major and getting our debt under control. try about what fiscal responsibility driver of deficits.

VerDate Nov 24 2008 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.011 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4922 CONGRESSIONAL RECORD — HOUSE April 29, 2009 I want to stress that last point. It is middle-income tax cuts, the estate tax, Madam Speaker, this budget creates essential that health care reform in- AMT relief, or the sustainable growth so much uncertainty on the part of in- cludes difficult choices to cut costs, rate in the Medicare program unless vestors, on the part of families, I don’t which will eventually result in lower they include statutory PAYGO, they see how we are going to work our way deficits. Why? Because of the $2.4 tril- are fully offset, or statutory PAYGO out of these economic doldrums. lion that we spend on health care, half has already been enacted. Everybody To say that the energy policy is of that comes from the government, ei- wants to deal with those four issues. going to create green jobs, that’s great ther Federal or State. Let us see if everybody is prepared in in theory. But I can tell you the cap- All of these investments are vital to this generation to pay for them and and-trade plan that’s working its way our future economic health and com- not pass those costs on to the next gen- through this House right now is going petitiveness. As President Obama re- eration. to result in a national energy tax im- cently pointed out: ‘‘A cash-strapped I urge my colleagues to approve this posing up to $3,000 per household every family may cut back on all kinds of conference report, pass this budget and year. How can that help the working luxuries but will insist on spending show our constituents that the prior- families of this country right now? money to get their children through ities they voted for in 2008 are ours as Madam Speaker, we can do better. college.’’ well. We can work together to achieve mean- Our country is in the same position. I again congratulate the chairman, ingful savings for the taxpayers. We These tough times are no excuse to cut the members of the conference com- can get off of this spending spree and back on investments that will pay off mittee and the members of the Budget refuse to put $70,000 per added debt on many times over down the road. Committee for their leadership and for every man, woman and child in this their courage. country. b 1045 Mr. RYAN of Wisconsin. Madam Madam Speaker, we can do better. Finally, this budget puts America Speaker, I yield 2 minutes to our dis- The Republicans stand ready to work back on the path of fiscal responsi- tinguished minority whip, the gen- with you in making sure that’s the bility. It’s no secret that past budgets tleman from Virginia (Mr. CANTOR). case. have made easy choices and kicked the Mr. CANTOR. I thank the gentleman. Mr. SPRATT. Madam Speaker, I difficult ones down the road. Madam Speaker, I sit here and I lis- yield 2 minutes to the gentleman from Let me say, as I have said so many ten to the majority leader, and it Florida (Mr. BOYD). times before, it takes no courage what- strikes me that in my four terms hav- (Mr. BOYD asked and was given per- soever to cut taxes. None. Zero. What ing served in this body, I do not think mission to revise and extend his re- takes courage, political courage, if we that there has ever been a time when marks.) want to buy things, is to pay for them. there are two more divergent views of Mr. BOYD. Thank you, Chairman SPRATT. I appreciate your work on get- That’s what takes courage. You can the direction in which we should take ting us to this point. make one of two decisions: Don’t buy this country. The news today demonstrated that Ladies and gentlemen, you hear from and keep revenue stable, or buy and the last quarter we saw a 6.5 percent the other side of this aisle criticism of pay for so that your children aren’t shrinkage in the GDP in this country, this budget. I assume that means they paying for it. Those are the decisions two consecutive quarters of GDP believe we should go back to the poli- that I am prepared to make and, very shrinkage, more than any in 60 years. cies that were followed in the last 8 frankly, have made over the last 40 We’ve got serious, serious economic years, and I want to review where those years that I have been in office. policies got us under the previous ad- This House needs to make those challenges facing us in America, Madam Speaker, and our priority ministration and the previous Repub- choices. That’s why ALLEN BOYD, JOHN should be to get this economy back on lican-controlled Congress. SPRATT and others have pursued so vig- track, to get people back to work in Unemployment, when George W. orously statutory PAYGO require- Bush came into office, was less than ments. That’s why I am in such support America. Right now, 650,000 people lose their half of what it is today at 8.5 percent. of them. jobs every month. If you do the math, Job growth in the previous 8 years In 1990, statutory PAYGO led to that that is about 15 people a minute lose under President Clinton had been ap- surplus that I referred to. Jettisoning their jobs. That’s real. When you lose proximately 250,000 new jobs created that in the early part of this decade led your job, you don’t have a vision of per month. to the deficits that we have experi- how you can even get through the This month, after 8 years of the poli- enced. month or put food on the table. cies that are espoused by the ranking And why did you jettison PAYGO? That’s where, Madam Speaker, I have member, Mr. RYAN, and the distin- Because you were unprepared to pay difficulty with the budget being guished minority whip, Mr. CANTOR, we for the revenue losses that you voted brought forward. Because if our pri- are shrinking, losing 650,000 jobs on a for. mary responsibility here is to create an monthly basis now. But by passing this budget we will be environment where the job creators GDP growth. Under President Clin- leaving a different legacy, one that can go back to work and put people ton, that average growth was 3.7 per- makes clear that our government must back to work, this budget falls woe- cent annual rate. Now our economy is pay for what it buys. This budget cuts fully short. shrinking at the rate of 6.1 percent on the deficit from 10.5 percent of GDP in How can you say that we are helping a monthly basis. Median income, me- 2009 to 3 percent of GDP in 2013—in the small businesses of this country, dian wages are down. other words, by nearly two-thirds. the true economic engines of America, Deficits. They speak for themselves. Those savings come from spending re- when we are taxing them and making When President Bush took over, there straint and oversight that save tax- it more difficult for them to maintain was a surplus as far as the eye could payer money. We must do that. We the jobs they have got and increase see. Under the policies of the previous cannot pursue the policies that we their payrolls? administration, now we have struc- have been pursuing. They are not sus- The other side may say, oh, there is tural deficits as far as the eye can see. tainable. only 3 percent of small business people That is what President Obama has in- Most importantly, the House is that actually are impacted by higher herited. strongly committed to statutory taxes. Health coverage. During the 8 years PAYGO. President Obama asked Con- The SPEAKER pro tempore. The of the Bush administration, over 5 mil- gress, and again I quote, to develop a time of the gentleman has expired. lion Americans lost their health cov- PAYGO law that would help return the Mr. RYAN of Wisconsin. I yield the erage. That is at the very core of our Nation to a path of fiscal responsi- gentleman 1 additional minute. economic problems, the health cov- bility, and that is what we intend to Mr. CANTOR. Well, 50 percent of the erage problems in this Nation. Many do. people that get a tax hike here are would call it the misery index. That is what this budget does. The small business people. How can we ex- The SPEAKER pro tempore. The House will not consider any bills on pect our economy to rebound? time of the gentleman has expired.

VerDate Nov 24 2008 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.012 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4923 Mr. SPRATT. I yield the gentleman After listening to the debate on the this budget resolution does. That is an additional 30 seconds. other side of the aisle, I think it would why everybody in the House who be- Mr. BOYD. President Reagan talked be helpful to start by pointing out lieves in budget reduction, believes in about the misery index. I think if you what this budget is not. This is not a fiscal responsibility, should vote for look at all those economic indicators, budget that increases spending. Total this budget resolution. there is not one economic indicator spending in 2009 will be $3.9 trillion. If Mr. RYAN of Wisconsin. Madam that shows that we are better off than we pass this resolution, total spending Speaker, I yield 11⁄2 minutes to our dis- we were 8 years ago. in 2010 will be $3.6 trillion. That’s $300 tinguished House Conference chairman, As a matter of fact, every economic billion less, not more. And all the ini- the gentleman from Indiana (Mr. indicator indicates that we are much tiatives we specify will be paid for. PENCE). worse off. Despite what you have heard on the (Mr. PENCE asked and was given per- Ladies and gentlemen, it’s time for a floor, this is not a budget resolution mission to revise and extend his re- new direction. We must restore fiscal that increases taxes. It lowers taxes by marks.) responsibility into this budgeting proc- $764 billion over 5 years and by $1.7 tril- Mr. PENCE. Madam Speaker, I rise ess. That’s one of the things that lion over 10 years. It renews the mid- in opposition to the budget conference Chairman SPRATT, Speaker PELOSI, and dle-income tax cuts. It extends the es- report because it borrows too much, Majority Leader HOYER have given us tate tax at the 2009 level. This is not spends too much and taxes too much, through this budget process, and I am about tax increases. It’s about tax de- and the American people know it. At a time when every American fam- very proud to support this budget con- creases. ily is sitting down around kitchen ta- ference report and ask you to do the This is not a budget resolution that bles making sacrifices and making the same. increases the deficit. Far from it. By hard choices necessary to get through Mr. RYAN of Wisconsin. Madam 2014, this budget resolution will reduce these difficult days, here in Wash- Speaker, I reserve the balance of my the deficit from $1.845 trillion this year ington, D.C., we see a Democratic ma- time. to $525 billion next year. This is a def- jority and a new administration bring Mr. SPRATT. I yield 1 minute to the icit reduction budget. forward a budget that will double the gentleman from New Jersey (Mr. AN- Let me also answer the extravagant national debt in 5 years and triple the DREWS). claims made on the floor about how national debt in 10, a $1.2 trillion def- (Mr. ANDREWS asked and was given much debt accumulation will occur permission to revise and extend his re- icit in 2010 and deficits of nearly $1 tril- under this bill. Look at table 5 in your lion a year every year for the next 10 marks.) blue book here and look at the bottom Mr. ANDREWS. I thank my friend, years. line in debt net of financial assets. In The distinguished majority leader the chairman, for yielding and con- the budget year, the first budget year, spoke of ‘‘political courage’’ on the gratulate him and thank him for his the debt net of financial assets is $8.072 floor just moments ago, but let me say tremendous leadership in this effort. trillion. In 2014 it’s $10.642 trillion. there are no profiles in courage in this The minority whip said that the Now I am not here to tout a $2.5 tril- budget. The truth is, the Democratic House faces a choice between two very lion addition to our national debt, al- majority in this administration has distinctive strategies. He is absolutely though it pales in comparison to what brought to the floor the most fiscally right. The strategy that the minority happened under Mr. Bush. But I am irresponsible budget in American his- would like to pursue is a strategy that simply saying this is better by far than tory. has been tried and has failed. It has led anything you have heard characterized Congress should be doing what every us to the peril that we face today. on the House floor. American family is doing—cutting ex- The strategy that we would initiate Now the budget is about more than penses and finding within themselves is a return to principles that have suc- numbers. It’s about values, visions and the faith, and, yes, the courage to get ceeded. Following their strategy, for investments. And what we have to tout through these times with sacrifice. In- every one job their strategy has cre- and talk about in offering this budget stead, here in Washington, D.C., it is ated, we have created 108. For every $1 resolution to the House is what it will more government, more spending, more of economic growth their strategy has do for health care in our country, and debt and more taxes. created, ours has created $1.69. particularly for the 46 million people In just 100 days, a new administra- The middle-class family that began who do not have coverage; what it will tion and this Democratic majority this decade saw its purchasing power do for the educational system of this have decided to continue and to greatly decrease by $500 a year by the time the country if we can tell every child in expand the mistakes of the past. But last President left office. During the America, yes, you can, you can get a we can do better, and I believe, for the 1990s, that same family saw its pur- higher education, Pell Grants will help sake of our children and our grand- chasing power increase by $5,000. you do so; what it will do to help build children, we must do better. The choice before the country is energy independence and reduce the Let’s reject this conference report which strategy works. Ours does. Vote carbon emissions in this country. We and start over with a budget that will ‘‘yes.’’ can have energy innovation. serve ourselves and our posterity with Mr. SPRATT. Madam Speaker, how All of this is provided for in this bill. fiscal responsibility. much time remains? And I would emphasize all of it is pro- Mr. SPRATT. Madam Speaker, I The SPEAKER pro tempore. There vided for in deficit-neutral reserve yield 1 minute to the gentleman from are 51⁄2 minutes for the gentleman from funds which do not add to the bottom New Jersey (Mr. ANDREWS). South Carolina and 31⁄2 minutes for the line the debt of the United States. This (Mr. ANDREWS asked and was given gentleman from Wisconsin. is what we are presenting here. permission to revise and extend his re- Mr. SPRATT. I yield myself 31⁄2 min- Now the deficit before us is a struc- marks.) utes. tural deficit. It’s part cyclical, but Mr. ANDREWS. Madam Speaker, I Madam Speaker, we are here this mostly structural. It’s built into the thank the gentleman for yielding. morning to pick up where we left off budget that we have to deal with. After Madam Speaker, the gentleman from yesterday, but really we are here to 8 years of the Bush administration, Indiana just said that we don’t want to pick up the tab left over by the Bush there is a massive mismatch between repeat the mistakes of the past. He is administration. revenues and spending in the budget right. So this budget does not repeat The Bush administration has left us that creates the huge deficits we have those mistakes. It does not give mas- with an economy in recession, a Nation got today. sive tax reductions to the wealthiest $5 trillion deeper in debt, and a budget people in the country and hope they do in deficit, deep deficit, $1.845 trillion b 1100 the right thing with the money. It does according to the CBO. We cannot turn this big battleship not ignore the health care, education This is the hand dealt us. After 8 around overnight, but we can put it on and energy needs of our country for the years of the Bush administration, we the right path towards fiscal responsi- long term and weaken our global posi- have to play the ball where it lies. bility again. And that is exactly what tion. Finally, it does not further the

VerDate Nov 24 2008 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.014 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4924 CONGRESSIONAL RECORD — HOUSE April 29, 2009 path of deregulation of our markets, work, others worried about losing their Mr. SPRATT. Madam Speaker, I our financial system, which has led to job, and they are having to make dif- yield my remaining time to the distin- the cataclysmic meltdown of the U.S. ficult decisions on behalf of their fami- guished Speaker of this House, the gen- economy in recent weeks and months. lies. tlewoman from California (Ms. PELOSI). No, this does not repeat the mistakes I think the American people look to Ms. PELOSI. I thank the gentleman of the past. It is a new direction. It is their Congress and wonder, what dif- for yielding. a new opportunity. It is a new strategy ficult decisions are being made in It is indeed an honor to call Mr. that we believe will speak to the needs Washington, D.C.? What is it that SPRATT ‘‘colleague.’’ We say that from of the unemployed American, the Washington is doing that is going to time to time about our Members, but American without health insurance, all make it better for my kids and their never is it truer than in the case of of us who pay rising utility bills, and kids? Chairman JOHN SPRATT of South Caro- each of us who wants the finest quality What we see before us is a budget res- lina. He is a gentleman who has education for our children. olution that is nothing short of the brought the values of our country, the This is a change. It is what the peo- most audacious move to a big socialist principles of our great democracy, to ple asked for in November, and, with government in Washington, D.C., than bear on writing a budget. the help of the majority, it is what we anything I could have ever dreamed Because of his leadership, today, for will deliver today. about before I ran for Congress, or, for the first time in many, many years, we Mr. RYAN of Wisconsin. Madam that matter, any time over the last 18 have a President’s budget on the floor Speaker, I yield myself 1 minute. years that I have been here. that is a statement of our national val- Madam Speaker, this is a big mo- Budgets are supposed to be about ues. What is important to us as a Na- ment. This is a big moment in our his- tough decisions. There are no tough de- tion is reflected in this budget. It is a tory that the historians will look back cisions in this budget, because when very happy day for our country, Mr. to as a key pivot in American history you look at the document, what it does SPRATT, because of your leadership. and the American experiment and the is real simple: It spends an awful lot of I thank all of the members of the American project. money, it raises a lot of taxes, and it Budget Committee for their hard work, What this budget does not do is it puts all of this debt on the backs of our expressing their views, coming forth does not practice Clinton economics. It kids and our grandkids. with a budget that is a blueprint for does not practice the kind of econom- This is not the American way. The the future. I also want to commend our American way has been about a more ics we have had in this country that conferees, Congresswoman ROSA limited government, a more limited gave us the longest peacetime expan- DELAURO and Congressman BOYD, for sion, the kind of economics that gave role here in Washington, so we can assisting you in the conference process. us unprecedented prosperity. Bill Clin- allow American families and small Starting at the beginning of this businesses around our country to keep ton cut tax rates and controlled spend- year, this Congress passed a stimulus more of what they earn so they can re- ing in a bipartisan budget agreement in package to take our country in a new invest it in themselves, reinvest it in 1997 which paved the way for the sur- direction. Since that time, we have their communities, and help our econ- pluses that later occurred, which were been on a sprint to create jobs, to omy grow, providing opportunities for projected, that went away. It was bi- lower the deficit, to cut taxes for the all Americans. American people. This blueprint, this partisan. We live in the greatest country in the budget, is a bookend to that stimulus This is different. This is new. This world, a country where you can grow package. It is the foundation for how budget takes a look at those mistakes up and be anything you want to be and we go forward into the future. made in the past that we are hearing do anything that you want to do. There In the first 100 days, it enables us to all these criticisms of, too much spend- is no country on the face of the Earth make the claim with these two pieces ing, too much debt, and what does it that is as good as America. Why? Be- of legislation and bills that have come do? It adds to it. Instead of controlling cause we allow our citizens the oppor- in between, for example, the SCHIP, spending, as the critics have said we tunity to be all that they can be. But children’s health insurance, 11 million should have done, this has spending go that won’t happen when government children in America; the public lands out of control. Instead of controlling gets too big and when government bill, the biggest conservation bill in the debt, as the critics say should have takes too much out of the pockets of many, many years; and other initia- occurred, debt goes out of control. our citizens and government takes I urge a rejection of this budget. more control over our society. tives contained in our agenda in the Let’s start over again and save this Right here is the most expensive past few months, enables us to say that country and move us down the path of credit card in the history of the world. more has been done in this period of fiscal discipline, not fiscal reckless- It is a voting card for a Member of Con- time for health care than in decades, ness. gress, and this voting card should be since Medicare was passed in this Con- Madam Speaker, at this time I yield used responsibly on behalf of the Amer- gress and signed into law. More has our final minute to our distinguished ican people. So far this year, a major- been done on education than in genera- minority leader, the gentleman from ity in this House have used this credit tions, since the GI Bill was passed dur- Ohio (Mr. BOEHNER). card irresponsibly. First, an $800 billion ing World War II, and even more than Mr. BOEHNER. Madam Speaker, let stimulus bill that was supposed to be that. And in terms of energy, there is me thank my colleague from Wisconsin about jobs, jobs, and jobs, and turned absolutely no contest. It is far out for yielding, and thank him and all of into nothing more than an $800 billion there in terms of breaking ground and our Republican members of the Budget bill about spending, spending, and more reducing our dependence on foreign oil, Committee for their outstanding work. spending and growing the size of gov- creating new green jobs for a green fu- Let me also congratulate the chair- ernment. ture for America’s economy, for hon- man. I know how difficult it is to bring Then we had an omnibus appropria- oring our moral responsibility to pro- a budget to the floor of the House. It is tions bill, $30 billion over budget, 9,000 tect God’s beautiful creation, and to no easy task. Even though I disagree earmarks. How responsible was that to keeping our environment clean and with the product, I know the chairman pass? healthy for our children. These three, has worked very diligently on this Now we have an opportunity with education, health care and energy, are project, and I congratulate him. this budget, a budget that spends too what the business community and Our economy is in a difficult mo- much, taxes too much and puts too other sectors of our community tell us ment. We have got some of the highest much debt on the backs of our kids and are the investments that we must unemployment we have seen in our grandkids. The American people expect make in order to turn our economy country in 25 years. We have got eco- us to use this credit card, this credit around. nomic dislocations underway. Banks card that they gave us, they expect us So here we are today with a budget aren’t providing the credit that they to use this responsibly, and the respon- before us that creates jobs, reduces once provided. As a result, there are a sible decision on this bill and on this taxes, and takes us over a path of low- lot of people in America who are out of budget is to vote ‘‘no.’’ ering the deficit. It does so in the most

VerDate Nov 24 2008 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.016 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4925 transparent way of any budget in our about lowering the cost, reducing enti- viding a baseline of $324 billion for the surface country’s history, and certainly in this tlement. Health care reform is entitle- transportation authorization bill. Congress’ history. As it does so, as I ment reform. In addition, the Resolution establishes a Re- say, it focuses on those three pillars of In terms of education, this budget serve Fund to allow this base allocation of the Obama agenda: education, health calls for innovative approaches from $324 billion to be adjusted upward as nec- care and energy. early childhood to tax credits for costs essary to accommodate higher funding levels In terms of energy, in the first 100 of college, as well as increasing the to the extent they can be supported by the days an article in Fortune magazine of funding for Pell Grants and making Highway Trust Fund. April 29 states that this is ‘‘the college more affordable. So, from ear- The Resolution also assumes the Airport greenest budget ever. Obama’s $3.55 liest childhood to higher education, Improvement Program is funded at $4.0 billion trillion budget proposal is a one-two and then beyond, this budget is a path in FY 2010, $4.1 billion in FY 2011, and $4.2 punch for cleantech. It boosts funding not only for, again, the self-fulfillment billion in FY 2012, consistent with H.R. 915, for renewables while slashing tax of the American people, but the inno- the FAA Reauthorization Act of 2009, as or- breaks for fossil fuels. Obama’s wish vation of America. Innovation begins dered reported by the Committee on Transpor- list,’’ now, this is another organization in the classroom. tation and Infrastructure on March 5, 2009. called Climate Progress, ‘‘Climate So all three of these are measures This is an increase of $840 million over the Progress called the Obama wish list which, again, are justified and nec- baseline funding level for this program over ‘the first sustainable budget in U.S. essary in their own right, but will re- the three-year period from FY 2010–2012. history.’ It includes $15 billion per year duce the deficit, will create jobs, and Finally, the Resolution rejects the Office of for cleantech over a decade,’’ and it will do so in a new way, taking us in a Management and Budget’s proposal to change goes on. new direction. how programs funded by contract authority are This is in addition to the initiative So, having said that, this is a budget treated for budget scoring purposes. This pro- that was passed earlier on in the recov- about the future. I was very tempted, posal, had it been adopted, would have con- ery package known as the stimulus when I saw the leader with his voting verted the mandatory contract authority that package. It is called ‘‘greener stim- card, to bring a picture of my grand- currently funds our highway, highway safety, ulus.’’ ‘‘Signed in February, the stim- daughter, my new granddaughter, just transit and airport grant programs to a simple ulus package is chock-full of cleantech a little over a month old, to the floor. authorization of appropriations for budget scor- goodies with $43 billion for grants for Oh, we do have it here. I won’t resist ing purposes. I am pleased that the Budget clean power, extensions of tax credits the temptation, for two reasons. First Resolution continues to recognize the unique for solar, wind, geothermal and energy of all, I can’t take my eyes off of her, nature of trust-funded programs by rejecting efficiency programs, smart grid fund- and second of all, this is what our com- this ill-advised proposal. ing, weatherization programs and a mitment is about. It’s our commitment I urge my colleagues to join me in sup- new tax credit for cleantech hardware to the future, to these children. porting the Conference Report on the Budget manufacturing.’’ As we go forward, we must take the Resolution. I mention that because we must see country in a new direction, and in Mr. BUYER. Madam Speaker, I rise in this budget in the context of the issues doing so, reduce the deficit. We are not strong opposition to the conference report on which we are trying to advance. Of here to heap mountains of debt on our S. Con. Res. 13 the democrat budget for Fis- themselves, they are worthy. They children and our grandchildren. That is cal Year 2010. This budget spends too much, have their justification, as I mentioned what was done in the last 8 years in the borrows too much, and taxes too much. in the case of energy. But they are also Bush administration. This budget calls The overall democrat budget is not good for investments that will grow our econ- a halt to that and says no. It says no Americans, including veterans. The democrat omy and create jobs. more debt. budget contains the largest tax hike in Amer- When it comes to health care, an- We’re going in the opposite direction. ican History, a $1.5 trillion tax hike, including other pillar of the Obama budget, as We’re reducing the deficit as we create a tax hike on veterans and their families, and the President says, health care reform good-paying jobs in our economy, as we veterans who own small businesses. is entitlement reform. As we go for- cut taxes for the middle class in our While I am supportive of the increase that ward with universal, quality, accessible country. the President’s budget proposes for veterans, health care for all Americans, which This is a magnificent blueprint for the overall budget request is really nothing this budget will lead us to, we will be the future. And again, I salute Chair- more than more of the same old Washington reducing the cost of health care for the man SPRATT for his extraordinary lead- shell game. Instead of proposing an open and American people, and in lowering those ership in bringing it to the floor today transparent budget, as President Obama and costs, we will lower the cost to our and urge all of my colleagues to vote the Democrats had promised, this budget con- budget and the cost to the deficit of ‘‘yes’’ for a new direction for our coun- tains many of the same old tax hikes and gim- Medicare and Medicaid. try. micks that hide the truth from the American This is not just about the personal Mr. OBERSTAR. Madam Speaker, the Con- people about our real fiscal situation and the health of the American people. That ference Report on the Budget Resolution (S. impact this budget will have on our current would be justification enough, the per- Con. Res. 13) provides a solid foundation for economy and our children’s and grand- sonal well-being of our country. And it the surface transportation authorization act. I children’s future. is not only about health care, it is thank Chairman SPRATT and the Committee This budget also allows the use of the rec- about the health of the American peo- on the Budget for their leadership and vig- onciliation process to force government-run ple. It is about prevention. It is about orous support for transportation and infrastruc- health care down the throats of the American diet, not diabetes. ture programs in the Conference on the Budg- people without even considering how such a et Resolution. proposal could adversely affect the VA b 1115 If the funding levels included in the Budget healthcare system. We don’t need a govern- So we are moving in a path that low- Resolution Conference Report are applied ment run health care system that takes life ers costs, makes America healthier, over the six-year period from fiscal years 2010 changing medical decisions out of the hands and in doing so, as I say, not only helps to 2015, the Resolution assumes a base allo- of doctors and patients and puts them in the individuals with their health, personal cation of $324 billion for highway, highway hands of government bureaucrats, while well-being, but we are helping busi- safety, and transit programs, including $312 dulling the innovative and radical research that nesses to compete. Health care costs billion of contract authority. Importantly, this al- has increased the quality of healthcare in are a competitiveness issue, and if location restores $82 billion over the six-year America. we’re going to compete domestically period of highway contract authority that had Madam Speaker our nation’s veterans de- and internationally, we must lower been cut from the Congressional Budget Of- serve a budget that funds their priorities with- health care costs for businesses. It’s fice baseline, which assumed fiscal year 2009 out causing harm to these same veterans with about costs to our economy, of all of rescissions would recur in all future years. The radical new taxes and a ballooning deficit, un- this money spent on health care and Senate had adopted this lower, unadjusted fortunately this budget does not do this. I urge not having the commensurate health of baseline and I am very encouraged that the my colleagues to oppose the conference re- America to go with it. And, again, it’s Conference adopted the House provision pro- port on the democrat proposed budget.

VerDate Nov 24 2008 00:01 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K29AP7.018 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4926 CONGRESSIONAL RECORD — HOUSE April 29, 2009 Mr. DINGELL. Madam Speaker, I training to prepare them to compete in Mr. LANGEVIN. Madam Speaker, I rise in rise today in support of the fiscal year a global economy. This budget will strong support of S. Con. Res. 13, the Fiscal 2010 budget resolution. I know that to- continue to raise the maximum Pell Year 2010 Budget Conference Report. day’s proposal come as a result of grant in order to ensure that its buying In order to rebuild our economy and achieve much negotiation and discussion, and power increases and more low-income long-term fiscal sustainability, we must make makes a number of difficult decisions students will have access to the aid strategic investments into our nation’s health about our financial future. they need. In addition, the budget ex- care, education, and energy programs, while To be frank, 2009 has opened with a pands on the investments made in pri- simultaneously providing meaningful tax relief number of different challenges Con- mary education and early childhood to families and businesses struggling to regain gress and the Administration must ad- education ensuring that our schools their economic footing. Each week, I hear from dress. We continue to face turmoil in are increasing student achievement my constituents in Rhode Island about their our financial markets, our domestic and investing in high-quality facilities. challenges in today’s economy, such as trying auto industry and small businesses are There is no doubt that these invest- to save for their retirement, send their children struggling to stay afloat, and we have ments are costly, however, unlike the to college, or protect their home from fore- witnessed a dramatic loss of jobs. Like previous Administration, the Obama closure. As a member of the Budget Com- Roosevelt before him, Obama is facing Administration and Congress have mittee, I believe this conference report reflects an economic downturn of enormous made a commitment to cut the federal the crucial priorities that families face every magnitude. Guiding our country and deficit by nearly two-thirds in 2013. As day while adhering to an honest accounting of our economy through this will require a parting gift, President Bush provided our fiscal challenges. our government to make difficult and the Obama Administration a $1 trillion S. Con. Res. 13 builds on the significant innovative changes. This budget reso- deficit. This is not a deficit that came funding and tax incentives incorporated into lution lays out the guideline for how about overnight; rather it is the result the American Recovery and Reinvestment Act these changes will be made. of poor fiscal planning from an Admin- by increasing investments and job creation in As we begin to address health care istration that inherited a $5.6 trillion clean energy technologies and overall energy reform, this budget resolution will pro- surplus. Madam Speaker, I rise in sup- efficiency. It supports health care reform that vide the down payment to implement port of today’s budget resolution not will lower costs, improve quality, and pave the new changes to the way our health sys- because I believe it will bring our econ- way for coverage to help all Americans lacking tem cares for the sick. For the nearly omy out of recession overnight, but be- proper health insurance. This budget honors 46 million Americans who are without cause I believe it will go a long way to- the service of our nation’s veterans with an in- health insurance, this budget resolu- wards helping American families and crease of $5.6 billion for veterans’ health care tion is a sign of our government’s com- workers who need it. For many of and other crucial support services. Finally, it mitment to achieve reform that will those in the 15th District and across recognizes the profound importance of edu- ensure all Americans, regardless of the country, this economy has left cation by increasing funding for programs like their bank account, have access to their bank accounts battered and their Title I, special education and Pell Grants for quality and affordable health care. It 401(k)s depleted. Many of these folks college. also will ensure that our health system have nowhere else to turn. A vote for Just as important as our investment in job makes needed changes to reduce high this budget is a vote for those in need. creation and economic recovery is the commit- administrative costs, and cut out fraud Mr. VAN HOLLEN. Madam Speaker, this ment to tax equity and fiscal responsibility. and abuse. Make no mistake; reforming budget agreement marks an important mile- This budget provides $1.7 trillion in tax cuts our health care system is vital to the stone on our road to economic recovery. It for middle-income families, permanently ex- Nation’s economic recovery efforts. makes priority, forward-looking investments in tending the 2001 and 2003 income tax cuts for the vital areas of education, health care and This legislation also increases invest- the vast majority of Americans. It also reduces clean energy while providing $1.7 trillion in tax ments in renewable energy and energy the deficit by nearly two-thirds in four years, relief for middle class families. It’s also fiscally efficiency by nearly 10 percent for 2010. placing our country on the fiscally sustainable responsible, slashing our federal budget deficit These investments will allow our coun- path necessary to regain our economic try to provide loans for renewable by two thirds by 2013. Madam Speaker, we didn’t dig ourselves strength. power generation, increase the energy It is time for policymakers at all levels and this ditch overnight and it’s going to take some efficiency of our federal buildings, across the ideological spectrum to join to- time to climb out of it. But with President modernize the electricity grid to make gether and offer a new vision and new solu- Obama’s leadership, we are now well on our it more efficient and reliable, among way to creating the next era of genuine, tions to rebuild our economy. I would like to other things. Such investments will broadly shared American prosperity. thank Chairman SPRATT for his leadership and help to encourage the creation of new It starts with honest accounting. Rather than dedication to working with Congress to ensure ‘‘green’’ jobs for workers who have hiding the true cost of our military engage- that this budget provides the framework nec- been displaced, and more importantly, ments in Iraq and Afghanistan or our domestic essary so that we may improve the health of will help ensure that our energy needs response to natural disasters off budget, this our nation, reduce expenditures over the long are supplied by American innovation. conference report builds them right into the term and ultimately regain the economic pros- I am also pleased to support the con- agreement. Additionally, this budget reaffirms perity of our great nation. ference agreement’s provisions for our the House’s continued commitment to fiscal I ask my colleagues to support this resolu- veterans. The agreement honors our discipline by requiring statutory PAYGO as a tion and urge its final passage. veterans by ensuring they have the condition for other policy adjustments in order Mr. POSEY. Madam Speaker, I’m dis- proper medical care. Among other to enforce a realistic baseline. appointed with the budget conference report things, the bill provides $53.4 billion to To build a rock solid foundation for eco- before the House today. It’s a $3.555 trillion the Department of Veterans’ Affairs— nomic growth, this agreement invests $100 bil- budget and leaves a $1.233 trillion deficit for an 11.7 percent increase for veterans’ lion in education—expanding early childhood the year 2010. This budget increases taxes by health care and other services, allows development programs, improving K–12 and $1.5 trillion over the next 10 years and the Congress to provide advance funding to special education and increasing access to Majority admits that the budget deficits never the VA health care system, and ex- college. It creates a deficit-neutral reserve fall below $523 billion. This budget borrows pands enrollment eligibility for Pri- fund to finally provide high quality, affordable from Americans of tomorrow to pay for the ority 8 veterans. health care for every American. It increases wants of this current generation. Over 10 Most importantly, this budget makes federal funding for clean energy by 10%. And years, the budget more than doubles the na- a commitment to our children and it provides middle class tax relief for millions of tional debt. their grandchildren by investing in a Americans. I hope the economy recovers for all Ameri- quality education that will prepare Finally, this budget takes the $1 trillion def- cans. But sadly, this budget plan takes us them for their future careers. We know icit President Obama inherited and cuts it by down a different path that will harm our long- now that in order to compete with our two thirds over the next four years. term economy and will likely create sluggish neighbors across the way our children Madam Speaker, this is an honest, properly economic growth. This budget is not the right need a high quality education and ac- prioritized and fiscally responsible agreement. prescription for what ails this economy. Our cess to either higher education or I urge my colleagues’ support. children and grandchildren deserve better.

VerDate Nov 24 2008 01:47 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\A29AP7.010 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4927 Congress needs to focus on creating the If you vote for this budget resolution, you [Roll No. 216] right kind of environment for job-creation, en- are voting for a solution. You are voting to YEAS—233 suring that businesses small, medium and help American families. Abercrombie Green, Gene Ortiz large can grow and prosper. That means pro- The budget conference agreement makes Ackerman Grijalva Pallone viding the right kinds of incentives for Ameri- strategic investments in education, health care Adler (NJ) Gutierrez Pascrell cans to start a business, or for a business to Altmire Hall (NY) Pastor (AZ) reform, and energy independence that are Andrews Halvorson Payne grow and add jobs, or to provide benefits like necessary to restore our crumbling economy— Arcuri Hare Pelosi health insurance. Sadly, this bill includes a and put the country in a position to remain Baca Harman Perlmutter budget process (known as reconciliation) to globally competitive. Baird Hastings (FL) Peters leave the door open for a plan to raise taxes Baldwin Heinrich Peterson This budget is instrumental in stabilizing our Bean Herseth Sandlin Pingree (ME) on millions of small businesses and saddle economy. It provides the resources necessary Becerra Higgins Polis (CO) Berkley Hill them with billions of dollars in burdensome to help restore the standard of living for many Pomeroy and costly ‘‘cap and trade’’ global warming Berman Himes Price (NC) American families. Berry Hinchey taxes. American workers should be fore- Quigley It also puts our nation back on the path of Bishop (GA) Hirono Rahall warned; the ‘‘cap and trade’’ tax will cost Bishop (NY) Hodes fiscal responsibility. Rangel Americans millions of jobs. Blumenauer Holden Reyes So I ask, under this budget ‘What’s the in- The budget improves fiscal discipline by re- Boccieri Holt Richardson quiring statutory PAYGO as a condition for Boswell Honda Rodriguez centive to do business here in America?’ The Boucher Hoyer Ross U.S. has the second highest corporate income making current policy adjustments to the base- Boyd Inslee Rothman (NJ) tax in the world which encourages employers line for tax cuts and the Medicare physician Brady (PA) Israel Roybal-Allard Braley (IA) Jackson-Lee to close up in America or at least do their ex- payment system. Ruppersberger Brown, Corrine (TX) Rush pansions overseas rather than here at home. I urge my colleagues to approve this con- Butterfield Johnson (GA) Ryan (OH) Cap and trade will add a further burden to ference report, and pass this responsible Capps Johnson, E. B. Salazar Capuano Kagen Sa´ nchez, Linda businesses operating in the U.S. budget. Cardoza Kanjorski And while this budget hires new bureaucrats T. Ms. LEE of California. Madam Speaker, I Carnahan Kaptur Sanchez, Loretta in Washington, it allows tens of thousands of rise in strong support of the Democratic budg- Carney Kennedy Sarbanes highly skilled technicians and engineers at Carson (IN) Kildee Schakowsky et. This budget makes the vital investments Castor (FL) Kilpatrick (MI) Schauer NASA to be laid-off with the end of the space Chandler Kilroy that America needs to stabilize the economy Schiff shuttle. Their jobs will of course be outsourced Clarke Kind and lay the groundwork for a new environ- Schrader Clay Kirkpatrick (AZ) to Russia because the budget fails to bring the Schwartz mentally sustainable and energy independent Cleaver Kissell next generation space craft online for quite Scott (GA) green economy. Clyburn Klein (FL) Scott (VA) some time. This is a travesty when you think Cohen Kosmas Let me thank the Chairman for his hard Serrano Connolly (VA) Langevin about the millions of high tech American jobs Sestak work on a budget that makes many hard Conyers Larsen (WA) that have been created as a result of our in- Shea-Porter choices and I thank him for his consideration Cooper Larson (CT) vestment in space—everything from cell Sherman of the budget priorities of the Congressional Costa Lee (CA) phones, laptops and GPS to wireless tech- Costello Levin Shuler Black Caucus which augments and strength- Sires nology and even Velcro. While the Budget Courtney Lipinski ens the President’s budget. Crowley Loebsack Skelton gives lip service to additional funding for Slaughter The Democratic budget contains many of Cuellar Lofgren, Zoe NASA and the Shuttle, the actual language in Cummings Lowey Smith (WA) the budget does not provide actual dollars, the shared priorities with the CBC and makes Dahlkemper Luja´ n Snyder Space would not add any additional Shuttle flights, targeted investments in strengthening edu- Davis (AL) Lynch cation, healthcare, clean energy, transpor- Davis (CA) Maffei Speier and does nothing to close the human space Davis (IL) Maloney Spratt flight gap. tation, and strengthens foreign aid during a Davis (TN) Markey (MA) Stupak For two centuries, Americans have worked critical downturn in the global economy. DeFazio Massa Sutton Tanner hard so their children could have better lives We must pass a budget that will continue DeGette Matsui Delahunt McCarthy (NY) Tauscher and greater opportunity. It seems to me what the anti-poverty investments that we made in DeLauro McCollum Thompson (CA) some want to do is reverse that order by hav- the American Recovery and Reinvestment Act. Dicks McDermott Thompson (MS) Tierney ing our children and grandchildren work hard It is critical during this economic crisis, Dingell McGovern Doggett McMahon Titus so we don’t have to make the hard choices which we inherited from the Bush Administra- Donnelly (IN) McNerney Tonko now. This amounts to generational theft and it tion, that we pass a budget that will lift up the Doyle Meek (FL) Towns is wrong, plain and simple. millions of Americans who have fallen into Driehaus Meeks (NY) Tsongas You know, while families and small busi- Edwards (MD) Melancon Van Hollen poverty. Edwards (TX) Michaud Vela´ zquez nesses are making sacrifices when it comes to Our budget must continue our economic re- Ellison Miller (NC) Visclosky their own budget, Washington continues to covery and return our nation to the fiscal re- Ellsworth Miller, George Walz Engel Mollohan Wasserman spend trillions in taxpayer dollars—money it sponsibility that we last saw with the budget doesn’t even have—on bailouts and expansion Eshoo Moore (KS) Schultz surpluses under President Clinton. Etheridge Moore (WI) Waters of government programs. This has got to stop I urge my colleagues to vote yes on the Farr Moran (VA) Watson and the government has to learn to live within Fattah Murphy (CT) Watt its own means just like everyone else. Democratic budget. Filner Murphy, Patrick Waxman The SPEAKER pro tempore. Without Frank (MA) Murtha Weiner Madam Speaker, I rise in strong opposition Fudge Nadler (NY) Welch to this budget conference report and urge my objection, the previous question is or- Giffords Napolitano Wexler colleagues to vote against this plan that will dered on the conference report. Gonzalez Neal (MA) Wilson (OH) saddle the next generation with an unbearable There was no objection. Gordon (TN) Oberstar Woolsey Grayson Obey Wu debt and kill millions of jobs here in America. The SPEAKER pro tempore. The Green, Al Olver Yarmuth Mr. BACA. Madam Speaker, I urge my col- question is on the conference report. NAYS—193 leagues to support S. Con. Res. 13, the Pursuant to clause 10 of rule XX, the FY2010 Congressional Budget Resolution yeas and nays are ordered. Aderholt Blunt Buyer Conference Report. Akin Boehner Calvert Throughout our nation, Americans are suf- Pursuant to clause 8 of rule XX, this Alexander Bonner Camp 15-minute vote on adoption of the con- Austria Bono Mack Campbell fering due to economic hardships caused by Bachmann Boozman Cantor this recession. ference report will be followed by 5- Bachus Boren Cao In my district—unemployment is at almost minute votes on the motion to suspend Barrett (SC) Boustany Capito the rules on H. Res. 357, if ordered, and Barrow Brady (TX) Carter 13 percent. Bartlett Bright Cassidy Parents are coming home from their last the motion to suspend the rules on H. Barton (TX) Broun (GA) Castle day of work, afraid and worried about how Res. 109, if ordered. Biggert Brown (SC) Chaffetz The vote was taken by electronic de- Bilbray Brown-Waite, Childers they will provide for their families. Bilirakis Ginny Coble They are losing their health insurance and vice, and there were—yeas 233, nays Bishop (UT) Buchanan Coffman (CO) their hope in the American dream is faltering. 193, not voting 7, as follows: Blackburn Burton (IN) Cole

VerDate Nov 24 2008 00:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.019 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4928 CONGRESSIONAL RECORD — HOUSE April 29, 2009 Conaway Kucinich Posey The vote was taken by electronic de- Moore (WI) Rogers (KY) Speier Crenshaw Lamborn Price (GA) vice, and there were—ayes 419, noes 3, Moran (KS) Rogers (MI) Spratt Culberson Lance Putnam Moran (VA) Rohrabacher Stearns Davis (KY) Latham Radanovich not voting 10, as follows: Murphy (CT) Rooney Stupak Deal (GA) LaTourette Murphy, Patrick Ros-Lehtinen Rehberg [Roll No. 217] Sullivan Dent Latta Reichert Murphy, Tim Roskam Sutton Diaz-Balart, L. Lee (NY) Roe (TN) AYES—419 Murtha Ross Tanner Diaz-Balart, M. Lewis (CA) Myrick Rothman (NJ) Tauscher Rogers (AL) Abercrombie Dahlkemper Jenkins Dreier Linder Nadler (NY) Roybal-Allard Taylor Rogers (KY) Ackerman Davis (AL) Johnson (GA) Duncan LoBiondo Rogers (MI) Napolitano Royce Teague Ehlers Lucas Aderholt Davis (CA) Johnson (IL) Rohrabacher Neal (MA) Ruppersberger Terry Emerson Luetkemeyer Adler (NJ) Davis (IL) Johnson, E. B. Neugebauer Rush Rooney Thompson (CA) Fallin Lummis Akin Davis (KY) Johnson, Sam Nunes Ryan (OH) Ros-Lehtinen Thompson (MS) Flake Lungren, Daniel Alexander Davis (TN) Jones Nye Ryan (WI) Roskam Altmire Deal (GA) Jordan (OH) Thompson (PA) Fleming E. Oberstar Salazar Thornberry Forbes Mack Royce Andrews DeFazio Kagen Obey Sa´ nchez, Linda Tiahrt Fortenberry Manzullo Ryan (WI) Arcuri DeGette Kanjorski Olson T. Tiberi Foster Marchant Scalise Austria Delahunt Kaptur Olver Sanchez, Loretta Tierney Foxx Markey (CO) Schmidt Baca DeLauro Kennedy Ortiz Sarbanes Titus Franks (AZ) Marshall Schock Bachmann Dent Kildee Pallone Scalise Tonko Frelinghuysen Matheson Sensenbrenner Bachus Diaz-Balart, L. Kilpatrick (MI) Pascrell Schakowsky Gallegly McCarthy (CA) Sessions Baird Diaz-Balart, M. Kilroy Pastor (AZ) Schauer Towns Garrett (NJ) McCaul Shadegg Baldwin Dicks Kind Paulsen Schiff Tsongas Gerlach McClintock Shimkus Barrett (SC) Dingell King (IA) Payne Schmidt Turner Gingrey (GA) McCotter Shuster Barrow Doggett King (NY) Pence Schock Upton ´ Gohmert McHenry Simpson Bartlett Donnelly (IN) Kingston Perlmutter Schrader Velazquez Goodlatte McHugh Smith (NE) Barton (TX) Doyle Kirk Peters Schwartz Visclosky Graves McIntyre Smith (NJ) Bean Dreier Kirkpatrick (AZ) Peterson Scott (GA) Walden Becerra Driehaus Kissell Walz Griffith McKeon Smith (TX) Petri Scott (VA) Berkley Duncan Klein (FL) Wamp Guthrie McMorris Souder Pingree (ME) Sensenbrenner Berman Edwards (MD) Kline (MN) Wasserman Hall (TX) Rodgers Stearns Pitts Serrano Berry Edwards (TX) Kosmas Schultz Harper Mica Sullivan Platts Sessions Biggert Ehlers Kratovil Waters Hastings (WA) Miller (FL) Taylor Poe (TX) Sestak Heller Miller (MI) Bilbray Ellison Kucinich Polis (CO) Shadegg Watson Teague Bilirakis Ellsworth Lamborn Watt Hensarling Miller, Gary Terry Pomeroy Shea-Porter Herger Minnick Bishop (GA) Emerson Lance Posey Sherman Waxman Thompson (PA) Hoekstra Mitchell Bishop (NY) Engel Langevin Price (GA) Shimkus Weiner Thornberry Hunter Moran (KS) Bishop (UT) Eshoo Larsen (WA) Price (NC) Shuler Welch Tiahrt Inglis Murphy, Tim Blackburn Etheridge Larson (CT) Putnam Shuster Westmoreland Issa Myrick Tiberi Blumenauer Fallin Latham Quigley Simpson Wexler Jenkins Neugebauer Turner Blunt Farr LaTourette Radanovich Sires Whitfield Johnson (IL) Nunes Upton Boccieri Fattah Latta Rahall Skelton Wilson (OH) Johnson, Sam Nye Walden Bonner Filner Lee (CA) Rangel Slaughter Wilson (SC) Jones Olson Wamp Bono Mack Fleming Lee (NY) Rehberg Smith (NE) Wittman Jordan (OH) Paul Westmoreland Boozman Forbes Levin Reichert Smith (NJ) Wolf King (IA) Paulsen Whitfield Boren Fortenberry Lewis (CA) Reyes Smith (TX) Woolsey King (NY) Pence Wilson (SC) Boswell Foster Linder Richardson Smith (WA) Wu Kingston Petri Wittman Boucher Foxx Lipinski Rodriguez Snyder Yarmuth Kirk Pitts Wolf Boustany Frank (MA) LoBiondo Roe (TN) Souder Young (AK) Kline (MN) Platts Young (AK) Boyd Franks (AZ) Loebsack Rogers (AL) Space Young (FL) Kratovil Poe (TX) Young (FL) Brady (PA) Frelinghuysen Lofgren, Zoe Brady (TX) Fudge Lowey NOES—3 NOT VOTING—7 Braley (IA) Gallegly Lucas Chaffetz Flake Paul Burgess Jackson (IL) Stark Bright Garrett (NJ) Luetkemeyer ´ Granger Lewis (GA) Broun (GA) Gerlach Lujan NOT VOTING—10 Brown (SC) Giffords Lummis Hinojosa Perriello Boehner Hinojosa Stark Brown, Corrine Gingrey (GA) Lungren, Daniel Burgess Jackson (IL) Brown-Waite, Gohmert E. Van Hollen b 1148 Butterfield Lewis (GA) Ginny Gonzalez Lynch Granger Perriello Mr. ISSA and Mrs. LUMMIS changed Buchanan Goodlatte Mack their vote from ‘‘yea’’ to ‘‘nay.’’ Burton (IN) Gordon (TN) Maffei ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE So the conference report was agreed Buyer Graves Maloney Calvert Grayson Manzullo The SPEAKER pro tempore (during to. Camp Green, Al Marchant the vote). There are 2 minutes remain- The result of the vote was announced Campbell Green, Gene Markey (CO) ing in this vote. as above recorded. Cantor Griffith Markey (MA) Cao Grijalva Marshall b 1158 f Capito Guthrie Massa Capps Gutierrez Matheson Mr. CHAFFETZ changed his vote SUPPORTING FINANCIAL Capuano Hall (NY) Matsui from ‘‘aye’’ to ‘‘no.’’ LITERACY MONTH Cardoza Hall (TX) McCarthy (CA) So (two-thirds being in the affirma- Carnahan Halvorson McCarthy (NY) The SPEAKER. The unfinished busi- Carney Hare McCaul tive) the rules were suspended and the ness is the question on suspending the Carson (IN) Harman McClintock resolution was agreed to. rules and agreeing to the resolution, H. Carter Harper McCollum The result of the vote was announced Cassidy Hastings (FL) McCotter Res. 357. Castle Hastings (WA) McDermott as above recorded. The Clerk read the title of the resolu- Castor (FL) Heinrich McGovern A motion to reconsider was laid on tion. Chandler Heller McHenry the table. The SPEAKER pro tempore (Mr. Childers Hensarling McHugh Clarke Herger McIntyre f HOLDEN). The question is on the motion Clay Herseth Sandlin McKeon offered by the gentleman from Kansas Cleaver Higgins McMahon SUPPORTING NATIONAL CRIME (Mr. MOORE) that the House suspend Clyburn Hill McMorris VICTIMS’ RIGHTS WEEK Coble Himes Rodgers the rules and agree to the resolution, Coffman (CO) Hinchey McNerney The SPEAKER pro tempore. The un- H. Res. 357. Cohen Hirono Meek (FL) finished business is the question on The question was taken. Cole Hodes Meeks (NY) suspending the rules and agreeing to The SPEAKER pro tempore. In the Conaway Hoekstra Melancon Connolly (VA) Holden Mica the resolution, H. Res. 109. opinion of the Chair, two-thirds being Conyers Holt Michaud The Clerk read the title of the resolu- in the affirmative, the ayes have it. Cooper Honda Miller (FL) tion. Costa Hoyer Miller (MI) RECORDED VOTE Costello Hunter Miller (NC) The SPEAKER pro tempore. The Mr. ANDREWS. Mr. Speaker, I de- Courtney Inglis Miller, Gary question is on the motion offered by mand a recorded vote. Crenshaw Inslee Miller, George the gentleman from Virginia (Mr. A recorded vote was ordered. Crowley Israel Minnick SCOTT) that the House suspend the Cuellar Issa Mitchell The SPEAKER pro tempore. This Culberson Jackson-Lee Mollohan rules and agree to the resolution, H. will be a 5-minute vote. Cummings (TX) Moore (KS) Res. 109.

VerDate Nov 24 2008 00:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.007 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4929 The question was taken. Maffei Payne Shuler PROVIDING FOR CONSIDERATION Maloney Pence Shuster OF H.R. 1913, LOCAL LAW EN- The SPEAKER pro tempore. In the Manzullo Perlmutter Simpson opinion of the Chair, two-thirds being Marchant Peters Sires FORCEMENT HATE CRIMES PRE- in the affirmative, the ayes have it. Markey (CO) Peterson Skelton VENTION ACT OF 2009 Markey (MA) Petri Slaughter RECORDED VOTE Marshall Pingree (ME) Smith (NE) Mr. HASTINGS of Florida. Mr. Mr. BOCCIERI. Mr. Speaker, I de- Massa Pitts Smith (NJ) Speaker, by direction of the Com- mand a recorded vote. Matheson Platts Smith (TX) mittee on Rules, I call up House Reso- Matsui Poe (TX) A recorded vote was ordered. Smith (WA) lution 372 and ask for its immediate McCarthy (CA) Polis (CO) Snyder The SPEAKER pro tempore. This McCarthy (NY) Pomeroy Souder consideration. will be a 5-minute vote. McCaul Posey Space The Clerk read the resolution, as fol- McClintock Price (GA) Speier lows: The vote was taken by electronic de- McCollum Price (NC) Spratt H. RES. 372 vice, and there were—ayes 422, noes 0, McCotter Putnam Stearns Resolved, That upon the adoption of this not voting 10, as follows: McDermott Quigley Stupak McGovern Radanovich resolution it shall be in order to consider in [Roll No. 218] Sullivan McHenry Rahall Sutton the House the bill (H.R. 1913) to provide Fed- AYES—422 McHugh Rangel Tanner eral assistance to States, local jurisdictions, McIntyre Rehberg Tauscher and Indian tribes to prosecute hate crimes, Abercrombie Cohen Hare McKeon Reichert Taylor and for other purposes. All points of order Ackerman Cole Harman McMahon Reyes Teague Aderholt Conaway Harper McMorris Richardson against consideration of the bill are waived Terry Adler (NJ) Connolly (VA) Hastings (FL) Rodgers Rodriguez except those arising under clause 9 or 10 of Thompson (CA) Akin Conyers Hastings (WA) McNerney Roe (TN) rule XXI. The amendment in the nature of a Thompson (MS) Alexander Cooper Heinrich Meek (FL) Rogers (AL) substitute recommended by the Committee Thompson (PA) Altmire Costa Heller Meeks (NY) Rogers (KY) Thornberry on the Judiciary now printed in the bill, Andrews Costello Hensarling Melancon Rogers (MI) Tiahrt modified by the amendment printed in the Arcuri Courtney Herger Mica Rohrabacher Tiberi report of the Committee on Rules accom- Austria Crenshaw Herseth Sandlin Michaud Rooney Tierney Baca Crowley Higgins Miller (FL) Ros-Lehtinen panying this resolution, shall be considered Bachmann Cuellar Hill Miller (MI) Roskam Titus as adopted. The bill, as amended, shall be Bachus Culberson Himes Miller (NC) Ross Tonko considered as read. All points of order Baird Cummings Hinchey Miller, Gary Rothman (NJ) Towns against provisions of the bill, as amended, Baldwin Dahlkemper Hirono Miller, George Roybal-Allard Tsongas are waived. The previous question shall be Turner Barrett (SC) Davis (AL) Hodes Minnick Royce considered as ordered on the bill, as amend- Barrow Davis (CA) Hoekstra Upton Mitchell Ruppersberger ed, to final passage without intervening mo- Bartlett Davis (IL) Holden Mollohan Rush Van Hollen ´ tion except: (1) one hour and 20 minutes of Barton (TX) Davis (KY) Holt Moore (KS) Ryan (OH) Velazquez Bean Davis (TN) Honda Moore (WI) Ryan (WI) Visclosky debate equally divided and controlled by the Becerra Deal (GA) Hoyer Moran (KS) Salazar Walden chair and ranking minority member of the Berkley DeFazio Hunter Moran (VA) Sa´ nchez, Linda Walz Committee on the Judiciary, who may yield Berman DeGette Inglis Murphy (CT) T. Wamp control of blocks of that time; and (2) one Berry Delahunt Inslee Murphy, Patrick Sanchez, Loretta Wasserman motion to recommit with or without instruc- Biggert DeLauro Israel Murphy, Tim Sarbanes Schultz tions. Bilbray Dent Issa Murtha Scalise Waters Bilirakis Diaz-Balart, L. Jackson-Lee Myrick Schakowsky Watson The SPEAKER pro tempore. The gen- Bishop (GA) Diaz-Balart, M. (TX) Nadler (NY) Schauer Watt tleman from Florida is recognized for 1 Bishop (NY) Dicks Jenkins Napolitano Schiff Waxman Bishop (UT) Dingell Johnson (GA) hour. Neal (MA) Schmidt Weiner Mr. HASTINGS of Florida. Mr. Blackburn Doggett Johnson (IL) Neugebauer Schock Welch Blumenauer Donnelly (IN) Johnson, E. B. Nunes Schrader Westmoreland Speaker, for the purpose of debate Blunt Doyle Johnson, Sam Nye Schwartz Wexler only, I yield the customary 30 minutes Boccieri Dreier Jones Oberstar Scott (GA) Whitfield to the distinguished gentlewoman, my Bonner Driehaus Jordan (OH) Obey Scott (VA) Wilson (OH) Bono Mack Duncan Kagen Olson Sensenbrenner Wilson (SC) friend from North Carolina, Dr. Foxx. Boozman Edwards (MD) Kanjorski Olver Serrano Wittman All time yielded during consideration Boren Edwards (TX) Kaptur Ortiz Sessions Wolf of the rule is for debate only. Boswell Ehlers Kennedy Pallone Sestak Woolsey GENERAL LEAVE Boucher Ellison Kildee Pascrell Shadegg Wu Boustany Ellsworth Kilroy Pastor (AZ) Shea-Porter Yarmuth Mr. HASTINGS of Florida. Mr. Boyd Emerson Kind Paul Sherman Young (AK) Speaker, I ask unanimous consent that Brady (PA) Engel King (IA) Paulsen Shimkus Young (FL) Brady (TX) Eshoo King (NY) all Members have 5 legislative days Braley (IA) Etheridge Kingston NOT VOTING—10 within which to revise and extend their Bright Fallin Kirkpatrick (AZ) Boehner Hinojosa Perriello remarks and to insert extraneous ma- Broun (GA) Farr Kissell Burgess Jackson (IL) Stark ECORD Brown (SC) Fattah Klein (FL) terials into the R . Butterfield Kilpatrick (MI) Brown, Corrine Filner Kline (MN) The SPEAKER pro tempore. Is there Granger Kirk Brown-Waite, Flake Kosmas objection to the request of the gen- Ginny Fleming Kratovil ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tleman from Florida? Buchanan Forbes Kucinich There was no objection. Burton (IN) Fortenberry Lamborn The SPEAKER pro tempore (during Buyer Foster Lance the vote). Two minutes remain in this Mr. HASTINGS of Florida. Mr. Calvert Foxx Langevin vote. Speaker, I yield myself such time as I Camp Frank (MA) Larsen (WA) may consume. Campbell Franks (AZ) Larson (CT) Mr. Speaker, H. Res. 372 provides a Cantor Frelinghuysen Latham b 1205 Cao Fudge LaTourette closed rule for consideration of H.R. Capito Gallegly Latta So (two-thirds being in the affirma- 1913, the Local Law Enforcement Hate Capps Garrett (NJ) Lee (CA) tive) the rules were suspended and the Crimes Prevention Act of 2009. Capuano Gerlach Lee (NY) This legislation is a vital step to- Cardoza Giffords Levin resolution was agreed to. Carnahan Gingrey (GA) Lewis (CA) The result of the vote was announced wards bringing the full protection of Carney Gohmert Lewis (GA) as above recorded. the law to those targeted for violent, Carson (IN) Gonzalez Linder bias-motivated crimes simply because Carter Goodlatte Lipinski A motion to reconsider was laid on Cassidy Gordon (TN) LoBiondo the table. of who they are. This bill expands the Castle Graves Loebsack Federal hate crimes law to include pro- Castor (FL) Grayson Lofgren, Zoe f tections for crimes directed at individ- Chaffetz Green, Al Lowey uals because of their gender, gender Chandler Green, Gene Lucas identity, sexual orientation, or dis- Childers Griffith Luetkemeyer PERSONAL EXPLANATION Clarke Grijalva Luja´ n ability. Clay Guthrie Lummis Mr. HINOJOSA. Mr. Speaker, I regret that I These crimes are designed to intimi- Cleaver Gutierrez Lungren, Daniel was unavoidably detained. Had I been date entire communities on the basis of Clyburn Hall (NY) E. Coble Hall (TX) Lynch present, I would have voted ‘‘aye’’ on rollcall personal and immutable characteris- Coffman (CO) Halvorson Mack Nos. 216, 217 and 218. tics. All of us in this Chamber know

VerDate Nov 24 2008 00:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.024 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4930 CONGRESSIONAL RECORD — HOUSE April 29, 2009 that hate crimes tear the fabric of our as intolerable as those motivated by Mr. Speaker, this measure would give society and fragment communities be- race, ethnicity, national origin, or reli- local law enforcement officials impor- cause they target an entire community gion. tant tools to combat violent, bias-mo- or group of people, not just the indi- Some also argue that we’re federal- tivated crime. Federal support, vidual victim. izing crimes already illegal under through training and direct assistance, This legislation makes important State laws, providing limited jurisdic- will help ensure that bias-motivated new changes to Federal civil rights law tion to investigate and prosecute bias- violence is effectively investigated and by providing new Federal authority for motivated crimes. However, Congress prosecuted. The legislation would also investigating and prosecuting criminal has rejected this argument repeatedly facilitate Federal investigations and civil rights violations. It authorizes by passing hundreds of bills that give prosecutions when local authorities are the Attorney General to provide assist- the Federal Government jurisdiction unwilling or unable to achieve a just ance in the criminal investigation or over crimes that States already con- result. prosecution of violent crimes moti- sider illegal. As we consider H.R. 1913 today, let us vated by prejudice based on the actual From 1995 to 2006, my friends on the remember that this hate crimes bill is or perceived race, color, religion, na- other side controlled Congress and en- also known as the Matthew Shepard tional origin, gender, sexual orienta- acted nearly 100 public laws imposing Act, in memory of the 21-year-old Uni- tion, gender identity or disability of new Federal criminal penalties for con- versity of Wyoming student who was the victim. duct that was already under State law brutally tortured and murdered in 1998 This bill spans interstate lines by es- and creating over 600 new Federal just because he was gay. At the time of tablishing uniform Federal protections crimes. his murder just a few years ago, no against hate crimes as a backdrop to Hate crimes are destructive and divi- criminal statute existed in Wyoming to existing laws in every State. It directs sive. A random act of violence result- charge his killers with a hate crime the Attorney General to give priority ing in injury or even death is a tragic nor was there Federal financial assist- for assistance to cases in which offend- event that devastates the lives of the ance available to aid the local authori- ers have committed crimes in more victim and their family. But the inten- ties in Laramie, Wyoming, with inves- than one State and to rural jurisdic- tional selection and beating or murder tigating and prosecuting his murder. tions that have difficulty covering the of an individual because of who they The fact of the matter is hate crimes extraordinary expenses associated with are terrorizes an entire community— happen every day and we should not investigations and prosecutions. and sometimes, the Nation. wait for another Matthew Shepard to It is easy to recognize the difference This bill makes it a Federal criminal ensure justice. between the arson of an office building offense to cause or attempt to cause Mr. Speaker, I reserve the balance of versus the intentional torching of a bodily harm through the use of fire, my time. church or synagogue. The church or Ms. FOXX. Mr. Speaker, I thank my firearms, or explosive devices against a synagogue or mosque burning has a colleague from the Rules Committee person due to bias-driven violence. profound impact on the congregation, for yielding time to us to be able to These provisions enhance our coun- the faith community, the local commu- discuss this bill, and I yield myself try’s 233-year tradition of protecting nity, and the Nation. We’re all affected such time as I may consume. liberty, freedom, and acceptance by by violent acts of hatred, and there is The discussion surrounding this bill protecting and recognizing the human ample evidence that violent, bias-moti- today will no doubt center on the idea dignity of every person. No person vated crimes continue to be a wide- of crimes committed out of hate. There should live in fear of violence because spread and serious problem in our Na- will be talk about the scourge of vio- of who they are. tion. lent hate crime, which begs the ques- Some have criticized this legislation tion: Is there such a thing as nonhate- b 1215 by claiming that the hate crimes bill ful violent crime? will infringe upon free speech, some- In my home State, the most recent But in all the debate over criminal how turning Federal authorities into Florida Hate Crimes Report published acts, a larger and forgotten debate is ‘‘thought police.’’ In my view, this is by the Florida Attorney General re- often left unspoken, and that is the de- simply not true. The hate crime bill ported a total of 193 hate crimes, 14.5 bate over the role of free expression in adds no new classes of crime. This leg- percent of which were motivated by our society. If this bill becomes law, it islation is not about thinking or be- sexual orientation. Additionally, poll will have a chilling effect on many law- lieving, but acting and harming. after poll continues to show that the abiding Americans’ freedom of expres- This legislation strengthens, not American public supports hate crimes sion. weakens, the First Amendment free- legislation inclusive of sexual orienta- The robust and healthy exchange of dom of speech protections. It prohibits tion. FBI data show 1,265 hate crime in- ideas is an American distinction. Be- for use as evidence a defendant’s speech cidents directed at gays and lesbians in cause we are a land where free expres- or association unless specifically re- the year 2007 alone, the third most fre- sion is one of our cherished lated to the crime, and this legislation quent victims and over 16 percent of all foundational ideals, we have a long tra- does not disturb constitutionally pro- hate crimes reported that year. And 79 dition of protecting the speech of ev- tected speech or associations. hate crime incidents directed at dis- eryone, from those with the most It is preposterous to argue that this abled victims were also reported that mainstream ideas to those on the bill criminalizes thoughts and beliefs. year. And, unfortunately, we know it is fringe. Why do we do this? Because we The bill does not criminalize those who widely accepted that hate crimes spe- know that in the end, in a healthy hate or disagree with other people or cifically against those with disabilities marketplace of ideas where the public groups of people. It criminalizes acts of remain vastly underreported. Mr. square allows for an airing of all ideas, violence against people based on the Speaker, this is clearly a problem that the best ideas and principles come out victim’s characteristics. merits the passage of an expanded hate on top. In a strong marketplace of Under current law, the Federal Gov- crimes law. ideas, an American marketplace, bank- ernment’s involvement is only author- Furthermore, this legislation is en- rupt ideas are destined to fail. We ized in those cases in which the victim dorsed by over 300 law enforcement, should not live and legislate in fear of was targeted because of race, color, re- civil rights, civic and religious organi- bankrupt ideas. ligion, or national origin. The current zations including the National Sheriffs Marginal concepts, bad ideas, and protection is neither uniform nor com- Association, the International Associa- flawed philosophies will always be bur- prehensive, and this has important tion of Chiefs of Police, National Dis- ied beneath the tide of free and demo- practical and symbolic consequences. trict Attorneys Association, the Amer- cratic expression, where free speech It is vital that the Federal Govern- ican Civil Liberties Union, the Human protects the individual’s right to hold ment send a message to the American Rights Campaign, the Presbyterian and express an opinion, even if such an people that hate crimes committed be- Church, the Episcopal Church, the opinion may be wrong. Holding this cause of one’s sexual orientation, gen- NAACP, and the National Disability ideal is one reason why we on the mi- der identity, gender, or disability are Rights Network. nority side are so distressed that this

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If he had been be allowed to offer amendments today it has the opposite effect, by driving it charged with a Federal hate crime, he because we know yesterday from the underground, thus preventing debate would have received a life sentence Rules Committee that some of our and exposure.’’ without parole. amendments would garner majority As I said earlier, the best antidote to Sadly, Angie and Fred are not alone. support, and we are very distressed hate, perceived or real, is the bright Since 1991 over 100,000 hate crime of- about that. light of public debate and scrutiny, not fenses have been reported to the FBI Ultimately, a healthy public square the outright censorship contained in with over 7,000 reported in 2006. And al- always has a chilling effect on the this so-called hate crimes legislation. though much is talked about violent forces of hatred. But today we are con- My friends, this legislation starts us attacks against the lesbian, gay, bisex- sidering a bill that will start us down down a slippery slope. No longer are all ual, and transgender community, this the road towards a public square that Americans subject to equal justice is not just an LGBT issue. Violent is less robust, more restrictive, and under the law. No. A murderer of a po- crimes based on race, religion, eth- that will squelch our cherished con- lice officer can be treated more le- nicity and national origin are reported stitutional right to free speech. It will niently under this law than someone every year. establish a new category of criminal who is convicted of a so-called hate- What makes these crimes so odious is activity, which is thought crimes. motivated murder of a protected class that they are not just crimes against Today it is the politically correct of citizens. This is not equal justice. an individual; they are crimes that ter- thought crimes, those directed toward This is the codifying of a thought rorize entire communities and, indeed, certain protected groups, but when we crimes law that weakens our first are against the values and ideals upon open the door creating this new crimi- amendment and that dilutes our long which our country was founded. With nal category of thought crimes, it is tradition of equal justice under the each attack, these criminals are at- but a small step to add new types of law. tempting to send a message of intimi- thought crimes to the list, and sud- I will urge my colleagues to vote dation to the victim’s entire commu- denly we find ourselves back on the Or- ‘‘no’’ on this rule and ‘‘no’’ on the un- nity, a message that Americans do not wellian threshold of Nineteen Eighty- derlying bill. belong and deserve to be victimized Four and staring down the specter of Mr. Speaker, I reserve the balance of solely because of who they are. the thought police. my time. Far from creating a class for special In George Orwell’s novel Nineteen Mr. HASTINGS of Florida. Mr. protection, we are establishing equal Eighty-Four, the government attempts Speaker, I am very pleased at this time protection under the law for people to control not only the speech and ac- to yield 3 minutes to the distinguished who do not enjoy it today in this coun- tions but also the thoughts of its sub- gentleman from Colorado, my good try. The hate crimes bill that we are jects, labeling disapproved thoughts friend and member of the Rules Com- voting on today is sending a message with the term ‘‘thought crime.’’ The mittee, Mr. POLIS. that these crimes will no longer be tol- Thought Police use psychology and Mr. POLIS. Mr. Speaker, I rise in erated. I strongly support efforts to omnipresent surveillance to find and strong support of this rule for H.R. punish hate crimes and am a proud co- eliminate members of society who are 1913, the Local Law Enforcement Hate sponsor of the bill. capable of the mere thought of chal- Crimes Prevention Act, as well as the The bill is especially important for lenging ruling authority. bill itself. police departments in smaller towns The way this bill is written, law en- Last July a young transgender that don’t always have the resources to forcement will be called upon to un- Latina living in Greeley, Colorado, was deal with hate crimes. For example, earth a criminal’s motivation for com- brutally attacked and murdered. Her the cost of the investigation and pros- mitting a crime. The questions must killer, who became outraged after he ecution of Matthew Shepard’s killers then be asked: What thoughts caused discovered that she was transgender dealt a severe blow to the Laramie, the perpetrator to commit the so- and beat her to death, told authorities Wyoming, law enforcement budget, re- called hate crime? And what caused that he had ‘‘killed it’’ and that ‘‘all sulting in the furlough of five officers, this person to have these thoughts? gays must die.’’ Just last week I am undermining public safety. This bill Could it have been, for example, the glad to announce that Angie’s killer would prevent that. sermon of a local religious leader, per- was convicted not only of first degree This bill also corrects two major defi- haps a respected local rabbi, who murder but also of a hate crime in the ciencies in current law: One, the exces- preached a message out of a religious beating death of Angie under Colorado sive restrictions requiring proof that conviction and belief in a sacred book? law. It was the first time in the Nation victims were attacked because they Under this law that rabbi may be that a State hate crime statute re- were engaged in certain ‘‘federally pro- guilty of inducing an act of violence sulted in the conviction of a tected activities’’; and, two, the lim- simply because of his religious convic- transgender person’s murder, and as a ited scope of the law. tions. And it wouldn’t take many ar- result, Angie’s killer will serve life in It’s important to note this legisla- rests to put a choke hold on the free prison without the possibility of pa- tion will not take rights away from speech of religious leaders across our role. anyone. Our country was founded upon Nation. Thanks in large part to Colorado’s certain inalienable rights, including In closing, I would like to quote lib- hate crimes law, which included gender the freedom of religion and free speech. eral commentator Glenn Greenwald, identity as a protected class, justice This bill does not interfere with either certainly no apologist for conserv- was served in this case. But, sadly, this of those principles, and that’s why it’s atives like myself. But he has some has more often than not not been the backed not only by hundreds of law en- strong words for hate crime laws such case. Just a few years earlier, Fred forcement agencies but by mainstream as those which already exist in Europe Martinez, a Navajo Native American in faith-based organizations. and in our neighbor to the north, Can- Cortez, Colorado, openly gay youth, It’s time to pass this law. We must no ada. Writing on salon.com last year, he was killed. The perpetrator, who along longer turn a blind eye to hate crimes called hate crimes laws ‘‘oppressive’’ with an accomplice had met Fred at a of any kind. Everyone, regardless of and ‘‘pernicious.’’ Allow me to quote carnival that night, attacked and beat race, creed, color, and sexual orienta- him at length because he summarizes him to death with a large rock. Later tion and gender identity, must stand the consequences of this type of legis- he bragged to his friends that he had equal in the eyes of the law. I encour- lation very well: ‘‘beat up a fag.’’ In contrast to Angie age my colleagues to support the rule ‘‘Empowering the State to proscribe Zapata, Fred’s killer was not charged and the bill. and punish speech is not only the most with a hate crime because no Colorado Ms. FOXX. Mr. Speaker, I yield 2 dangerous step a society can take, or Federal law protecting gender iden- minutes to my distinguished colleague though it is that, it’s also the most tity existed at that time. His assaulter from Arizona (Mr. FRANKS). senseless. It never achieves its in- received a 40-year sentence under a Mr. FRANKS of Arizona. Mr. Speak- tended effect of suppressing or elimi- plea agreement but will be eligible for er, with all the challenges that we have

VerDate Nov 24 2008 00:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.028 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4932 CONGRESSIONAL RECORD — HOUSE April 29, 2009 in this Nation, we still hold these other personal attributes. Hate crimes ities are failing to prosecute crimes truths to be self-evident: that all men are a purposeful, violent and dangerous under existing law. are created equal and that they are manifestation of prejudice. A person intentionally hit by a car is equal because they are all God’s chil- Now, to increase public safety and the victim of the same crime, regard- dren. Therefore, the essence of America fight crime, we offer today additional less of why. The key there is ‘‘inten- is that all people should be treated tools for law enforcement to fight hate tionally.’’ Whether you intentionally with the same respect and protected crimes. decide you are going to run over some- completely equally under the law. I am proud to be an original cospon- body with a car because they are there Whenever we begin to divide ourselves sor of this legislation that will ensure and you are mad, the penalties should into groups and afford one group more that hate crimes based upon sexual ori- be the same and to suggest that it is protection than another, we nec- entation are covered along with other not is a Federal mistake at the level essarily diminish the protection and crimes committed with hatred based on we are suggesting mistakes would be equality of all the remaining groups. race, religion and national origin. made. Mr. Speaker, regardless of whether a This bill provides important re- Hate crimes legislation invariably person is white, black, handicapped, sources to State and local law enforce- has threatened religious leaders and healthy, old, sick, young, homosexual, ment agencies to investigate and pros- groups with criminal prosecution, an heterosexual, a veteran, a police offi- ecute hate crimes, and it will also be a investigation into why that person’s cer, a senior, whatever the case is, they Federal criminal offense to cause or at- thoughts, beliefs or statements led to deserve equal protection under the law. tempt to cause bodily harm. their actions. I am proud today to stand up for all This can easily jeopardize constitu- b 1230 of my neighbors. You see, hate crimes tional rights of freedom of speech and That is the foundational premise of are not only a problem for victims, but religious expression. In fact, the very this Nation, and this legislation moves also for our communities and neighbor- fact that the people who wrote this leg- us all directly away from that basic hoods. islation have gone out of their way to foundation in a profound and dan- Unfortunately, my community in come up with a new protection sug- gerous way. Florida has not been immune from gests that there is danger. There has This legislation would prosecute indi- hate crimes. Tampa leads the State of been danger in every other country viduals, not on the basis of their crime, Florida in the number of reported hate that has come up with this kind of leg- but on their alleged motivation for crimes, according to an annual FBI re- islation. This requires criminal investigations committing it. It requires law enforce- port. It is likely that Tampa ranks to probe if a crime occurred because of ment officials and prosecutors to gath- high because the police there have a bias toward a protected group and er evidence of the offenders’ thoughts, zero tolerance policy. All possible or opens the door to criminal investiga- rather than their actual actions and borderline cases are reported. tions of a suspect’s philosophical be- their criminal intent. Last year in Florida we had cases liefs, politics, biases, religion, activi- Furthermore, under this bill, such in- like the KKK being scrawled on some- ties and past statements. dividuals who may not even have been thing and shoved into a family’s mail- aware of the crime could receive the Due to the subjectivity of these kinds box. And a 25-year-old woman in Day- of feelings and motives, there is enor- same or similar penalties as the crimi- tona Beach was intentionally hit by a nal himself. It would only take some mous potential here, Mr. Speaker, for car just because of the color of her error. This creates unequal treatment arbitrary prosecutor to construe that skin. How do we know? Because the of victims by treating crimes against the individual had influenced the be- man driving the car yelled, ‘‘Help me protected groups more seriously than liefs or thoughts of a perpetrator of a kill these (blanks). These (blanks) have nonprotected groups. Murder of a vic- crime and thereby somehow caused to die.’’ tim will be treated more seriously than hateful or violent acts. One unscrupu- In 2007, a Polk County person was murder of another victim. lous government entity, plus this hate stabbed to death for being gay. Police Mr. Speaker, I believe that’s wrong. I crimes legislation, equals the perfect arrested and charged two Pinellas think this is a constitutional problem. recipe for tearing away from American County teenagers after they spray- Again, in every State, in every country citizens some of the most basic con- painted anti-Semitic and racial slurs that has had similar legislation, this stitutional rights in our Nation. on nine portable classrooms at a high has created a problem of speech. Mr. Speaker, the fundamental pur- school. Hate crimes become hate speech, be- pose of this body is to protect the lives The Islamic Education Center of come thought crimes too easily, and I and constitutional rights of the Amer- Florida in Tampa was set on fire, and urge a ‘‘no’’ vote. ican people regardless of who they are thousands of my neighbors were left Mr. HASTINGS of Florida. Mr. or what they believe. Unfortunately, without a place to hold services. Speaker, I am very pleased at this time this legislation would do just the oppo- Hate crimes have no place in my to yield 2 minutes to my good friend site by granting unequal protections community or anyplace else, but they the distinguished gentlewoman from based on personal beliefs and thoughts, are an unfortunate reality that must California (Mrs. CAPPS). and it would endanger the constitu- be addressed. Mr. Speaker, this legisla- Mrs. CAPPS. I thank my colleague tional liberties of millions of Ameri- tion has languished, and it’s time that for yielding. cans. it be signed into law. Mr. Speaker, I am proud to support I thank the gentlelady for the time I thank Chairman CONYERS for his the Local Law Enforcement and Hate and urge my colleagues to vote ‘‘no.’’ leadership. I urge a ‘‘yes’’ vote on this Crimes Prevention Act. Mr. HASTINGS of Florida. Mr. rule and the underlying bill. This is a commonsense bill with Speaker, I am very pleased to yield 3 Ms. FOXX. Mr. Speaker, I now would broad bipartisan support. Our law en- minutes to my good friend and former like to yield 2 minutes to the distin- forcement agencies, the vast majority member of the Rules Committee, and guished gentleman from Missouri (Mr. of whom support this legislation, de- my fellow Floridian, Ms. CASTOR. BLUNT). serve the tools to battle hate-filled vio- Ms. CASTOR of Florida. I thank my Mr. BLUNT. I thank my friend for lence. colleague for yielding time and for his yielding. Bias-motivated crimes based on sex- years of leadership in the fight against Mr. Speaker, I believe this bill is a ual orientation have more than tripled discrimination. dangerous proposal which can trans- since the FBI began collecting hate Mr. Speaker, I rise in support of the form the criminal justice system and crimes statistics about 20 years ago. Local Law Enforcement Hate Crimes in spite of all the protestations that But our law enforcement agencies still Prevention Act and this rule. now maybe we have safeguards, I think have no authority to assist commu- Mr. Speaker, hate crimes are dif- it threatens religious liberty. nities dealing with even the most bru- ferent from other types of crimes be- The hate crimes bill federalizes each tal crimes committed against our gay, cause the perpetrator targets a certain and every State and local crime. There lesbian, bisexual and transgender type of person based upon physical or is no evidence that States and local- neighbors and friends.

VerDate Nov 24 2008 00:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.029 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4933 This is a travesty. H.R. 1913 is a com- proclivities that are there, from special on anyone is enough. But to the gen- monsense step to fix this injustice. The protected status. tleman from Colorado that called for a bill allows the Justice Department to We can’t define the language that’s life sentence for assault, what does he aid State and local jurisdictions, either in the bill, the language in the bill that do to a murderer? by lending assistance or by taking the says ‘‘gender’’ versus ‘‘sex.’’ Gender I oppose the rule and the bill. lead in investigations and prosecutions isn’t the same thing as using the word Mr. HASTINGS of Florida. Mr. of violent crimes which are motivated ‘‘sex.’’ Sex is what an individual can Speaker, I am very pleased to yield 2 by bias. determine someone else to be. Gender minutes to the distinguished chairman Mr. Speaker, let us be clear. Nothing is what a person thinks they are in of the Judiciary Committee and the au- in H.R. 1913 could or would change their head. So the blurry language of thor of this legislation, my good friend, First Amendment protections, but vio- gender replaces the clear language of Mr. CONYERS. lence is not free speech. sex that has been in our law for a long Mr. CONYERS. Thank you, Judge Like many of my colleagues, I live in time in history. Hastings. a community that was tragically al- Sexual orientation is another one of I want to thank everybody on the tered by a senseless hate crime. Early these. There are three different cat- Committee on Rules about the careful last year, Lawrence King, an eighth egories. We are figuring out what’s in consideration they have given me and grader in my district in a junior high people’s heads, the perpetrator and the the legislation. We had a great discus- school, was shot and killed by another victim. So under sexual orientation sion yesterday that will no doubt con- student in his computer class, again, at you have a mental definition, the head tinue on. a middle school. Lawrence was a young of, perhaps, the victim what’s going on b 1245 man who identified himself as a gay there. You have the plumbing of the person, and this was the cause of the victim, that’s a different kind of a defi- I wanted to assure Dr. Foxx that violence that took his life. nition. And then you have the act that there can be nonhate crime. There is The police correctly identified the might be carried out by someone of a plenty of it. As a matter of fact, most murder and classified it as a hate specific sexual orientation. No defini- of the crime that is committed is not crime. tion exists in law. hate-based. Robbery is not hate-based. Mr. Speaker, I am very honored to Gender identity is another broad cat- Breaking and entry is not hate-based. stand here today and support H.R. 1913 egory that can be whatever any indi- And I wanted to tell my distin- in memory of Lawrence King and so vidual wants it to be. So how does guished colleague on the committee, many others who have been victims of someone discriminate against someone Mr. FRANKS, that it is too late not to hate crimes and acts of violence. else? How do they determine what decide to create a special category for Ms. FOXX. Mr. Speaker, I now would these particular proclivities are, Mr. hate crime, because had he been on the like to yield 4 minutes to the distin- Speaker? committee in 1968, he would have been guished gentleman from Iowa (Mr. These are the broad, mushy areas of invited to the White House when Presi- KING) a member of the Judiciary Com- law that lead us down a path that ends dent Johnson invited in the Southern mittee, who offered several excellent up with any combination of liberal ac- governors to explain to them that amendments that were rejected by the tivist judges who will turn this into a cross-burning had gotten so out of hand committee. mass of special protected status people, that it could no longer be classified as Mr. KING of Iowa. I thank the gen- sacred cows walking through our soci- a State crime, that it had to be federal- tlelady from North Carolina for yield- ety, self-alleged. ized with an attempt to contain it. As ing the time. The gentleman from Florida men- a matter of fact, they did contain it. Mr. Speaker, this issue was debated tioned the immutable characteristics. To our distinguished Member, Mr. for 2 days before the Judiciary Com- No, that’s not in the bill. We tried to BLUNT, I want him to be very relaxed mittee. There were many, many put it in the bill, but that amendment in his getting of rest every night. amendments that were offered before was shot down. I wish we could protect There is no religious infringement the committee. Every one of them was immutable characteristics. I think whatsoever. As a matter of fact, we rejected and shot down out of, I think, they should be. And those characteris- kept saying it so much that we finally a desire to preserve the bill to be what- tics are those characteristics that are put it into the bill itself. If you look at ever it was that was presented to the independently verified and can’t be the last section in the bill, Section 8, it committee. willfully changed. says in as clear a language as we could And now here we are with a rule that That’s the subject matter, 1984, construct that anything protected by results in a closed rule, Mr. Speaker, a George Orwell. I brought this up the the Constitution cannot be eviscerated closed rule because, as the gentlelady last time we debated this. And I think or modified by this hate crimes act, from North Carolina said, there is a it’s important that we look at the book which has been going on now for 31 fear that there could be amendments that was written in 1949 and predicted years. that would succeed that would be of- by George Orwell that by 1984 we would Ms. FOXX. Mr. Speaker, I yield 3 fered here. be where we are today in 2009. minutes to our distinguished colleague, One of those that I happened to have He was writing about the new totali- the gentlewoman from Oklahoma (Ms. offered before the Judiciary Committee tarians who learned from the Nazis and FALLIN). was to exempt pedophiles as a special the Russian Communists. And they Ms. FALLIN. Mr. Speaker, I would protected status that is under this bill. said, ‘‘The Party is not interested in like to thank the gentlewoman from Now, the rational thought on the other any overt act: the thought is all we North Carolina for the time. side I couldn’t follow, Mr. Speaker, but care about. We do not merely destroy I just want to say I am as appalled as I think it would be rational for this full our enemies, we change them. We are any Member of Congress by crimes body as a House of Representatives to not content with negative obedience, committed as an act of hate. Criminals make a decision on this. And I think nor even with the most abject submis- who commit acts like murder, rape and that there was a fear on the part of the sion. When finally you surrender to us, assault do belong behind bars. But I op- Rules Committee that that would also it must be of your own free will. It is pose this bill because it lays the be a decision that would be made. intolerable to us that an erroneous groundwork for the prosecution and Well, I have before me a list from the thought should exist anywhere in the the potential persecution of citizens American Psychological Association of world.’’ This is George Orwell, 1984, an- whose crimes are not actions, but rath- the paraphilias, paraphilias being, I ticipating we would be having this de- er crimes of thought and speech. will call them proclivities in my bate in 1984, and today it’s 2009, Mr. The end result of this bill and the vernacular, Mr. Speaker, and among Speaker. hate crimes agenda will be the suppres- them are pedophiles and a whole list of We should punish all perpetrators. sion of both the freedom of speech and other kinds of activities. There are 547 There should be no special victims, and the freedom of religion. By estab- of them altogether. We can’t even ex- all perpetrators should be punished the lishing crimes of speech and thought, empt pedophiles, let alone the other same. And I think 25 years for assault this law places pundits, journalists,

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In nations like Canada and All this bill is doing is providing the there was a bill, the hate crimes bill Great Britain, where hate crimes legis- resources on a State basis in the frame- called the Matthew Shepard Act, lation has been expanded to include work of Federal constitutional protec- named after a very unfortunate inci- speech, now columnists must avoid cer- tion, so therefore if someone is in a dent that happened where a young man tain subjects, and cartoonists worry church arguing or somewhere their po- was killed. But we know that that that their caricatures could become a litical beliefs, their religious beliefs, it young man was killed in the commit- crime. is not covered by this bill. We are not ment of a robbery. It wasn’t because he Even in this country, hate crimes enforcing actions against that indi- was gay. The bill was named for him, legislation has already been used as a vidual. the hate crimes bill was named for political tool to suppress religious If you look through the bill, you will him, but it is really a hoax that that speech. In Pennsylvania, we saw a find it talks about assistance, financial continues to be used as an excuse for State hate crimes law used to file fel- assistance, to ensure that a case can be passing these bills. ony charges against 11 Christians investigated. What we need to under- Ms. JACKSON-LEE of Texas. Will the speaking their minds and preaching stand is a case can be investigated and gentlelady yield? their beliefs concerning a gay pride pa- the person can be vindicated, can be Ms. FOXX. In just a moment. rade. Because sexual orientation had found not guilty or will not be pros- I also want to point out that one of been added to the Pennsylvania hate ecuted because the facts are not there. the concerns that we have and why we crimes statute, the Christian dem- To burden local law enforcement and believe that free speech is being endan- onstrators faced the following charges: State law enforcement with getting to gered by this bill is the fact that the Criminal conspiracy; possession of in- the truth is something that we want to word ‘‘perceived’’ is used so often in struments of a crime—and the instru- help with, because the truth is in fact this bill. In fact, I have pulled each one ments of the crime were bullhorns; a part of ensuring the Constitution is of them out. It says ‘‘is motivated by reckless endangerment of another per- in place. prejudice based on actual or perceived son; ethnic intimidation; riot; failure Let me also make note of the fact race.’’ to disperse; disorderly conduct; and ob- that this is acts of violence. So free Throughout the bill, there are five structing highways. speech, as colorful as it can be, as we instances where the word ‘‘perceived’’ I believe America is the greatest have all heard in our elementary is used, but the word ‘‘perceived’’ is country in the world because we do school, words can hurt us, but it is only never defined. We believe that that have freedom of speech and we do have sticks and stones that hurt us. opens up a Pandora’s box in terms of freedom of religion, and we must pro- I ask Members to support this legis- how people can use this bill to stifle tect those ideals. lation because it is fair on its face. free speech. Our colleagues on the Mr. Speaker, any acts of murder, Ms. FOXX. Mr. Speaker, I yield my- other side have not been willing to de- rape, assault, harassment, theft or any self such time as I may consume. fine this word or, again, to take other crime should be punished equally Mr. Speaker, I think it is time for us amendments that many of us believe under the law. I cannot support legisla- to respond to some of the comments would have made this bill much, much tion which establishes thought crimes that have been made here this after- better. or lays the foundation for a country in noon by our friends on the other side, So I say to my colleagues, this is not which religious and political speech and I appreciate the gentlewoman from the kind of legislation we should be can be deemed hateful and even crimi- Texas bringing up an issue that I think passing in this country in this day. nal. needs to be responded to. If the gentlewoman wants to ask me Mr. HASTINGS of Florida. Mr. As she pointed out, these crimes are a question which I can answer quickly, Speaker, I am very pleased at this time being taken care of in the States. since I am on my time, I will yield. If to yield 2 minutes to the distinguished Forty-five States already have hate it is a matter to speak on, then I would gentlewoman from Texas (Ms. JACK- crime laws. What we are doing with ask her to ask for time on her side. SON-LEE), a member of the Judiciary this bill, as one of my colleagues has Ms. JACKSON-LEE of Texas. I agree. Committee. said earlier, is going in and preempting I would just ask the gentlelady if she (Ms. JACKSON-LEE of Texas asked what the States are doing. This is abro- has read section 3 that indicates the and was given permission to revise and gating the 10th Amendment again. The State would ask for the assistance, and extend her remarks.) Constitution has clearly left to the then page 12 of the bill that indicates, Ms. JACKSON-LEE of Texas. Mr. States and localities and the people it is part (d), I don’t want to go back to Speaker, for my colleagues, I think you things that are not spelled out in the the section, but page 12, line 9, indi- are aware that when we are on the Constitution. cates that no voice where someone is floor debating this procedural concept Ms. JACKSON-LEE of Texas. Will the speaking or making expression will be called the rule, we usually try to go gentlelady yield? in evidence to prove that that person is into the structure of the bill so that we Ms. FOXX. As soon as I am finished, engaged in a hate crime. can be clear as we move to general de- I will do that. I would ask the gentlelady if she bate to offer our philosophical posi- However, nobody has said that the looked at that thoroughly? tions. So let me try to frame what this States aren’t doing an adequate job of Ms. FOXX. I have read the bill and bill is actually about so that my col- administering the laws that they have read it carefully, and I have great prob- leagues can offer their opinions cer- already. We don’t need the Federal lems with the bill. tainly during the general debate. Government going in and working with Mr. Speaker, I reserve the balance of This bill, though it is called the hate them. my time. crimes bill, it is also a focus on local The issue of giving them assistance is Mr. HASTINGS of Florida. Mr. law enforcement, and the concept is another issue. If nothing else, that is a Speaker, I am very pleased at this time that all we are doing here is providing good reason to vote against this bill, to yield 2 minutes to my good friend assistance to those local and State law because the bill states ‘‘such sums as the distinguished Congressional Black enforcement agencies to ensure they are needed.’’ We are creating another Caucus Chair, the gentlewoman from have the tools to prosecute a case of entitlement program. Now, the grants California (Ms. LEE). hate crime. say $100,000, but we are going to have Ms. LEE of California. Mr. Speaker, Now, it is interesting that my friends people going after this money, putting let me first thank the gentleman for on the other side have highlighted that ourselves more in debt, not included in yielding and for your steady and very we are separating out and enhancing the budget, not included in the appro- fair leadership as a member of the the sentencing of those who engage in priations but outside the budget. If you House Rules Committee. Also to Chair- hate. Well, we have done that in years didn’t vote against this bill and against man CONYERS, let me thank you for

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Mr. which is led so ably by our colleagues Now, I’d like to address the question Speaker, I am very pleased at this time Chairman BARNEY FRANK, Congress- that my friend from Texas raised about to yield 1 minute to my distinguished woman TAMMY BALDWIN, and Congress- the rule of evidence I think is what she colleague and good friend from New man JARED POLIS. was talking about. It does say, ‘‘In a Jersey (Mr. HOLT). This legislation is long overdue. In prosecution for an offense under this Mr. HOLT. Mr. Speaker, I thank the the long history of the United States, section, evidence of expression or asso- gentleman and rise in support of this there is much to admire and to cele- ciations of the defendant may not be rule and the underlying legislation. brate. But, regrettably, there have introduced as substantive evidence at Hate crimes are real. They spread been episodes in our history that are trial, unless the evidence specifically fear and intimidation among entire tragic, violent and shameful. Among relates to that offense.’’ communities. This bill would strength- the most horrific are violent crimes 18 U.S.C. section 2(a) says if you aid, en local law enforcement’s ability to motivated by hate. abet, counsel, induce someone to com- prosecute hate crimes based on race, The notorious race riots in Green- mit a crime, you are just as guilty as color, religion, national origin, gender, wood, Oklahoma, and Rosewood, Flor- the one that committed it. sexual orientation, gender identity and ida, in the early years of this last cen- So, for example, I have a Bible here disability to the victim. It is patently false to say that we’re tury, to the church bombings and at- that my uncle was given when he en- criminalizing thought. We are crim- tacks on gay, lesbian, bisexual and tered World War II. It has a flyleaf inalizing the brutality that results transgendered persons, are painful re- cover that says, ‘‘As Commander-in- when these thoughts lead to death and minders that we still have not per- Chief, I take pleasure in commending serious injury of an innocent victim. fected our Union. Whether it has been the reading of the Bible to all who This is no more about criminalizing the color of their skin, their religion, serve in the Armed Forces of the thought than the antilynching laws gender, disability, national origin, or United States. Throughout the cen- turies, men of many faiths and diverse were about criminalizing knot tying. their sexual orientation or identity, And to say that pedophilia somehow origins have found in the Sacred Book the sad fact is that too many persons belongs in here represents such unin- words of wisdom, counsel and inspira- have been the victims of violence, formed, illogical and irrelevant think- tion. It is a fountain of strength, and often ending in death, simply because ing as to say kleptomania, drug abuse, now, as always, an aid to attaining the of a characteristic of birth. school truancy, parking violation and highest aspiration of the human soul.’’ Sadly, many of the recent attacks road rage belongs here. based on sexual orientation have been That’s signed Franklin D. Roosevelt This bill is about hate crimes. This against gay black men, like Michael in this little Bible. bill has strong support from over 300 But if you look over to Romans, it Sandy, who was beaten and robbed in civil rights, religious, LGBT, law en- talks about, ‘‘For this cause God gave New York by four men and lay in a forcement and civic organizations, and them up to vile affections, for even coma for several days before he died. In I’m particularly pleased to identify the their women did change the natural court proceedings, it was revealed that support of the Garden State Equality, use into that which is against nature; his attackers viewed gay men as prey. a group that has fought tirelessly to and likewise, the men, leaving the nat- Fortunately, New York’s hate crimes fight discrimination against all Ameri- ural use of women, burned in their lust law now includes sexual orientation as cans, including discrimination based on one to another, men with men, working a protected class. gender identity. And closer to my home, right outside that which is unseemly and receiving I urge support of the rule and the un- of my district in Newark, California, a in themselves that recompense of their derlying bill. young high school student named Gwen error which was meet.’’ Ms. FOXX. Mr. Speaker, I would like Araujo was viciously beaten to death If somebody hears a preacher preach- to yield 2 minutes to the distinguished ing that and goes out and commits an by four young men and buried simply gentleman from Virginia (Mr. GOOD- act of violence, I mean, I was a pros- because she was born a male. Gwen was LATTE). comfortable as herself, a transgendered ecutor 30 years ago. It doesn’t take Mr. GOODLATTE. I thank the gen- woman, and had lived her high school much imagination to say, we had to ar- tlewoman from North Carolina for her years as a girl with the love and sup- rest the preacher; it was clear he’s the hard work on the Rules Committee, on port of her family, particularly her one that planted the seeds in this nut’s this rule fight, and I rise in strong op- mother, Sylvia Guerrero. head that went out and committed an position to the rule and the underlying Gwen’s story really resonates with act of violence. Therefore, this evi- bill. me. Children are entitled to be free dence of what he read from the Bible, My goodness. How long are we going from hate-motivated violence in even though FDR signed it and encour- to debate this? 40 minutes or an hour? schools. That is why when I was in the aged people to read it, FDR’s not This very important piece of legisla- California legislature, I authored and around, we can’t go after him, but we tion under this rule? Pete Wilson signed into law the Cali- can go after this preacher that put that I can understand why we only have fornia Hate Crimes Reduction Act. in the mind of the individual. They in- that amount of time because, after all, Members of the clergy support this duced it. They’re guilty as a principal. we’re going to be working as late as 4 bill, the Congress of National Black And even if they’re not, just arresting this afternoon here in the House. How Churches, the Episcopal Church and pastors a few times and saying, we’re could we possibly go just a little later the Evangelical Lutheran Church of going to let the jury decide what his than 4 to debate a very, very important America. intent was will be enough to have a piece of legislation? chilling effect. And then what amendments will we b 1300 There’s no Federal nexus here. There be debating? None. It’s a closed rule. Ms. FOXX. Mr. Speaker, I would like is no epidemic. There’s no evidence of This is an atrocity. This is a very to yield 3 minutes to our colleague an epidemic. There’s no need. Every highly contentious piece of legislation. from Texas (Mr. GOHMERT), who also case that’s been brought up, including We held a 2-day markup on this bill offered several amendments that were Matthew Shepard, in that case they with numerous amendments in the Ju- not taken. got life without parole. The other got diciary Committee, and it is very clear Mr. GOHMERT. Mr. Speaker, there two life sentences. James Byrd, the that we need a rule that will allow for should have been amendments to this two defendants most culpable got what amendments to be considered on the because there are all kinds of problems they deserved, they got the death pen- floor of the House. But we certainly with it. When, in America, we start di- alty, and this case will not affect that. don’t have that.

VerDate Nov 24 2008 00:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.034 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4936 CONGRESSIONAL RECORD — HOUSE April 29, 2009 So I urge my colleagues to oppose medical, and it says, sexual orienta- he shares the same view that I and my this rule. tion: One’s attraction to and preference colleagues have shared today. I would also point out that this un- in sexual partners. One definition. And let me summarize, again, why derlying piece of legislation, which I Here’s another definition that comes we’re opposed to this bill. Our criminal will have the opportunity to speak from the American Heritage Stedman’s justice system has been built on the more on in the general debate, is some- Medical Dictionary. It says sexual ori- ideal of equal justice for all. This bill thing that does, indeed, deal with entation is sexual activity with people turns that fundamental principle on its thought. The only difference between of the opposite sex, the same sex or head. Justice will no longer be equal beating up a senior citizen and beating both. but will depend on the race, gender, up somebody who is in a protected So one is an attraction definition, gender identity, sexual orientation, class, under this piece of legislation, or and the other one is an activity defini- disability or other protected status of beating up a pregnant woman, or beat- tion. the victim. The bill is unconstitu- ing up someone who’s in a protected And now I go to the American Psy- tional, we believe, and will likely be class, under this legislation, is the chological Association, those people struck down by the courts. thought process that went into the mo- that have identified 547 different The hate crimes bill will restrict reli- tivation to assault that particular per- paraphilias, and they say sexual ori- gious freedom and first amendment son. And that is legislation that is entation is different from sexual be- rights by raising the possibility that founded on criminalizing thought. havior because it refers to feelings and religious leaders or members of reli- It is very deeply concerning, because self-concept. Individuals may or may gious groups could be prosecuted crimi- I, like most Americans, believe that not express that in their behaviors. nally based on their speech or pro- every victim of every crime is entitled So, here we have, again, these broad tected activities. to be treated the same under the law. definitions in the so-called hate crimes We believe this bill itself will spread Why would a senior citizen not be de- legislation that truly are thought fear and intimidation. Religious orga- serving of these additional protections crimes, because without the thought, nizations may be chilled from express- that are provided based upon sex or you’re not going to have the hate, and ing their ideas regarding homosex- sexual orientation or race or religion? it can only be defined by trying to look uality out of fear from involvement in Why would pregnant women who suf- into the skull of the victim and the the criminal process. fer all kinds of violent crimes against perpetrator. And there’s never been The bill also federalizes crimes that them not be deserving of that same legislation that’s presented that’s been are being effectively prosecuted by our kind of protection? this broad or that imagines that it can States and local governments. This legislation is bad. Vote down define something that is in the head of In 2007, of the approximately 17,000 the rule. Vote down the bill. a victim and in the head of the perpe- homicides that occurred in the United Mr. HASTINGS of Washington. Mr. trator at the same time, let alone what States, only 9 of the murders were de- Speaker, I am very pleased to yield 1 might be in the head of the judge, Mr. termined to be motivated by bias. Re- minute to the newest Member of the Speaker. So I oppose this legislation. garding crimes where there are actual House of Representatives, at least for Mr. HASTINGS of Washington. Mr. victims, there’s no evidence that another 6 hours, until one newer than Speaker, I would like to inquire of the States are not fully prosecuting violent him is sworn in, Mr. QUIGLEY from Illi- gentlelady if she has any remaining crimes involving ‘‘hate.’’ nois. speakers. I am the last speaker for this We all agree that every violent crime Mr. QUIGLEY. I rise in strong sup- side and am prepared to reserve. is deplorable, regardless of its motiva- port of H.R. 1913. I am new here, but I Ms. FOXX. Mr. Speaker, I am pre- tion. Every violent crime can be dev- am not new to this issue. And I am ex- pared to close. astating, not only to the victim, but traordinarily aware that in our coun- Mr. HASTINGS of Washington. Then the larger community whose public try hatred has an extraordinary tenac- I would reserve the balance of my time safety has been violated. ity, a tenacity which we must be on until the gentlelady has closed for her 1315 arm against, especially when that ha- side and yielded back her time. b tred takes the form of action. The SPEAKER pro tempore. The gen- That is why all violent crimes must In 2008, there were 72 reported hate tlewoman from North Carolina has 3 be vigorously prosecuted. Individuals crimes in the city of Chicago alone. minutes remaining. prosecuted under this legislation, When one of our neighbors is attacked, Ms. FOXX. Mr. Speaker, my col- though, are not going to be punished our entire community must feel the leagues who have spoken here today for just their actions, but for their pain. Every American, regardless of have been extremely eloquent, and thoughts. who his parents are, where she wor- they’ve done a very, very good job of Mr. Speaker, this underlying bill is a ships, or who he chooses to love, de- saying why this rule is bad and why the bad bill and it is a bad rule, and I urge serves to be free from the fear of harm. underlying bill is bad. its defeat. This bill will go a long way towards en- I want to end with a summary and Mr. Speaker, I yield back the balance suring all of our citizens have access, with a quote. I want to quote from a of my time. equal access to protection under the column by William Raspberry from The Mr. HASTINGS of Florida. Mr. law. Washington Post, April 9, 1999. And I’m Speaker, I yield myself the balance of I thank the Chair and urge my col- quoting from the end of that column. time. leagues to support this important leg- The title of it is Thought Crimes. Mr. Speaker, I have been on the islation. ‘‘What I’m asking is this: Isn’t it Rules Committee a considerable Ms. FOXX. Mr. Speaker, I would like enough that people be punished for amount of time, both in the minority to yield 90 seconds now to my colleague what they do, rather than for the atti- and in the majority, and I have seen from Iowa (Mr. KING). tudes that drive them to do it? What is things come to the Rules Committee Mr. KING of Iowa. Mr. Speaker, I the advantage of prosecuting people for that I thought were trivializing the thank the gentlelady from North Caro- what amounts to crimes of wrong process, but yesterday took the cake lina for yielding. thinking? Surely we don’t expect ex- for me. I want to take it back to this ques- panded legislation to change their We had an amendment offered by one tion. We have these vague terms in this thinking, and we’ve already got laws of our colleagues to this particular leg- legislation that’s before us, these against the awful behavior their islation. I guess it was done in a cre- vague terms that the Judiciary Com- warped thinking may produce. But I ative fashion, and certainly the author mittee majority refused to define and can’t see that Clinton’s proposal can do of it did spend some time looking in refused to allow a definition, and so any good whatever. But as I said, it’s the dictionary or creating new terms. I’ve looked up some definitions of this likely to do negligible harm, so I’ll just And I apologize to our transcriber, but language, and here is one of them. Sex- shut up.’’ I am going to put in the RECORD what ual orientation. We’ll go to the Mr. Raspberry is certainly not a con- we have to put up with in the Rules Merriam Webster’s Dictionary, under servative speaker or writer. However, Committee.

VerDate Nov 24 2008 00:27 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.036 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4937 ‘‘The term sexual orientation,’’ this though the federal government has not pro- Baca Hare Obey Baird Harman Olver proposed amendment said, ‘‘as used in vided the necessary resources to stem this Baldwin Hastings (FL) Ortiz this act, or any amendments made by uptick. Barrow Heinrich Pallone this act, does not include The destructive nature of hate crimes per- Bean Herseth Sandlin Pascrell apotemnophilia, asphyxophilia, meates throughout our society, and if we Berkley Higgins Pastor (AZ) Berman Himes Payne autogynephilia, coprophilia, exhibi- refuse to address it, then we are refusing to Berry Hinchey Perlmutter tionism, fetishism, frotteurism, provide for the public safety of all Americans. Bishop (GA) Hinojosa Peters gerontosexuality, incest, kleptophilia, Mr. Speaker, it’s important to note that this Bishop (NY) Hirono Peterson klismaphilia, necrophilia, partialism, Blumenauer Hodes Pingree (ME) legislation does not discriminate. All victims of Boccieri Holden Polis (CO) pedophilia, sexual masochism, sexual hate crimes are protected by this bill: every Boren Holt Pomeroy sadism, telephone scatalogia, race, every religion, every sexual orientation, Boswell Honda Price (NC) toucherism, transgenderism, every disability. Boyd Hoyer Quigley Brady (PA) Israel Rahall transsexual, transvestite, transvestic I’d also like to commend Chairman CON- Braley (IA) Jackson (IL) Rangel fetishism, urophilia, voyeurism, or YERS and the Judiciary Committee for crafting Brown, Corrine Jackson-Lee Reyes zoophilia.’’ a bill that provides both for the protection Capps (TX) Richardson All I can say is the late-night come- Capuano Johnson (GA) Rodriguez against hate crimes and for the protection of Cardoza Johnson, E. B. Rothman (NJ) dians need to come up there with me our constitutional right of free speech. Carnahan Kagen Roybal-Allard sometime so that they can get into the Nothing in this legislation allows for speech, Carson (IN) Kanjorski Ruppersberger spirit of spuriousness that comes there violent or otherwise, to be prosecuted. Castor (FL) Kaptur Rush Chandler Kennedy Ryan (OH) on certain occasions. Hate crimes by de3finition must involve Clarke Kildee Salazar This is serious business. Mr. Speaker, death or bodily injury. Speech alone cannot be Clay Kilpatrick (MI) Sa´ nchez, Linda we can’t legislate love, but we can leg- prosecuted under this legislation. Cleaver Kind T. islate against hate. This legislation Clyburn Kirkpatrick (AZ) Sanchez, Loretta However, violent hate crimes are not con- Cohen Kissell Sarbanes may not rid us of the intolerance and stitutionally protected rights, and this legisla- Connolly (VA) Klein (FL) Schakowsky prejudices that continue to taint our tion is needed to help reduce the divisive and Conyers Kratovil Schauer society, but it will provide an added de- sometimes deadly effects they have on com- Cooper Kucinich Schiff Costa Langevin Schrader terrent to those for whom these feel- munities across our country. Costello Larsen (WA) Schwartz ings manifest themselves into acts of This legislation boasts the diverse support Courtney Lee (CA) Scott (GA) violence. They will be fully aware that, of more than 300 law enforcement, civil rights, Crowley Levin Scott (VA) should they commit a hate crime, Cuellar Lewis (GA) Serrano civic and religious organizations and individ- Cummings Lipinski Sestak there will be no lenience and they will uals, including the American Civil Liberties Dahlkemper Loebsack Shea-Porter not slip through the cracks of the Union. Davis (AL) Lofgren, Zoe Sherman American legal system. Mr. Speaker, I’d like to remind my col- Davis (CA) Lowey Shuler Further, passage of this Hate Crimes Davis (IL) Luja´ n Sires leagues that victims of hate crimes are tar- Davis (TN) Lynch Skelton bill will increase public education and geted for violence and suffered attacks be- DeFazio Maffei Slaughter awareness and encourage Americans to cause of who they are. DeGette Maloney Smith (WA) report hate crimes that all too often Delahunt Markey (CO) Snyder I’d like to tell you the story of Lisa Craig, a DeLauro Markey (MA) Space are silent. 35-year-old mother of two, from my own State Dicks Marshall Speier Mr. Speaker, this bill addresses our of Massachusetts. In 2003, Craig was as- Dingell Massa Spratt resolve to end violence based on preju- saulted on the street by three teenage girls Doggett Matheson Stupak dice, and to guarantee that all Ameri- Donnelly (IN) Matsui Sutton and kicked in the head multiple times, causing Doyle McCarthy (NY) Tanner cans, regardless of race, color, religion, her brain to bleed and requiring 200 stitches Driehaus McCollum Tauscher national origin, gender, sexual orienta- in her head. Craig’s partner and her two Edwards (MD) McDermott Teague tion, gender identity or disability—or Edwards (TX) McGovern Thompson (CA) daughters witnessed the attack by these teen- Ellison McMahon Tierney all of these philias and fetishes and agers, who earlier in the evening had been Ellsworth McNerney Titus isms that were put forward—need not shouting anti-gay epithets at the couple. Engel Meek (FL) Tonko live in fear because of who they are. This story is just one of thousands across Eshoo Meeks (NY) Towns I urge my colleagues to vote in favor Etheridge Melancon Tsongas our country, and to prevent more from occur- Farr Michaud Van Hollen of this rule so that we continue to ring, I encourage my colleagues to support Fattah Miller (NC) Vela´ zquez move this country toward fully achiev- this rule and the underlying legislation. Filner Miller, George Visclosky ing its promise of justice and liberty Mr. HASTINGS of Florida. I yield Foster Mitchell Walz for all Americans. Frank (MA) Mollohan Wasserman back the balance of my time, and I Fudge Moore (KS) Schultz I urge a ‘‘yes’’ vote on the previous move the question on the resolution. Giffords Moore (WI) Waters question and on the rule. Gonzalez Moran (VA) Watson The SPEAKER pro tempore. The Gordon (TN) Murphy (CT) Watt Mr. MCGOVERN. Mr. Speaker, I stand in question is on ordering the previous strong support of this rule and of the under- Grayson Murphy, Patrick Weiner question. Green, Al Murtha Welch lying legislation. The question was taken; and the Green, Gene Nadler (NY) Wexler Griffith Napolitano Wilson (OH) H.R. 1913, the Matthew Shepard Local Law Speaker pro tempore announced that Enforcement Hate Crimes Prevention Act al- Grijalva Neal (MA) Woolsey the ayes appeared to have it. Hall (NY) Nye Wu lows for the Justice Department to assist local Halvorson Oberstar Yarmuth authorities, who are either unable or unwilling, RECORDED VOTE with the investigation and prosecution of bias Ms. FOXX. Mr. Speaker, I demand a NOES—181 recorded vote. motivated crimes. Aderholt Bright Coble Hate crimes not only hurt victims and their A recorded vote was ordered. Akin Broun (GA) Coffman (CO) families, but can impact a community or even The SPEAKER pro tempore. Pursu- Alexander Brown (SC) Cole ant to clause 8 and clause 9 of rule XX, Austria Brown-Waite, Conaway an entire nation. Bachmann Ginny Crenshaw Perpetrators of violent hate crimes choose this 15-minute vote on ordering the Bachus Buchanan Culberson their victims based on an actual or perceived previous question will be followed by 5- Barrett (SC) Burton (IN) Davis (KY) bias. It is a crime based on the victim’s actual minute votes on adopting the resolu- Bartlett Buyer Deal (GA) tion, if ordered, and suspending the Barton (TX) Calvert Dent or perceived race, color, religion, national ori- Biggert Camp Diaz-Balart, L. gin, gender, sexual orientation, gender iden- rules and passing H.R. 46, if ordered. Bilbray Campbell Diaz-Balart, M. tity, or disability. The vote was taken by electronic de- Bilirakis Cantor Dreier vice, and there were—ayes 234, noes 181, Bishop (UT) Cao Duncan This bipartisan legislation empowers the Blackburn Capito Emerson Justice Department with the authority it needs not voting 17, as follows: Blunt Carney Fallin to combat the prevalence of hate crimes in our [Roll No. 219] Bonner Carter Flake communities. Since the FBI began collecting Bono Mack Cassidy Fleming AYES—234 Boozman Castle Forbes hate crimes data in 1991, bias motivated Abercrombie Adler (NJ) Andrews Boustany Chaffetz Fortenberry crimes against LGBT Americans has tripled; Ackerman Altmire Arcuri Brady (TX) Childers Foxx

VerDate Nov 24 2008 00:27 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.038 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4938 CONGRESSIONAL RECORD — HOUSE April 29, 2009 Franks (AZ) Lummis Rogers (MI) The vote was taken by electronic de- Capito Johnson (IL) Platts Frelinghuysen Lungren, Daniel Rohrabacher vice, and there were—ayes 234, noes 190, Carney Johnson, Sam Poe (TX) Gallegly E. Rooney Carter Jones Posey Garrett (NJ) Mack Ros-Lehtinen not voting 8, as follows: Cassidy Jordan (OH) Price (GA) Gerlach Manzullo Roskam [Roll No. 220] Castle King (IA) Putnam Gingrey (GA) Marchant Ross Chaffetz King (NY) Radanovich Gohmert McCaul Royce AYES—234 Childers Kingston Rehberg Goodlatte McClintock Coble Kirk Ryan (WI) Abercrombie Gutierrez Neal (MA) Reichert Graves McCotter Coffman (CO) Kline (MN) Scalise Ackerman Hall (NY) Nye Roe (TN) Guthrie McHenry Cole Kratovil Schmidt Adler (NJ) Halvorson Oberstar Rogers (AL) Hall (TX) McHugh Conaway Lamborn Schock Altmire Hare Obey Rogers (KY) Harper McIntyre Crenshaw Lance Andrews Harman Olver Rogers (MI) Hastings (WA) McKeon Sensenbrenner Culberson Latham Arcuri Hastings (FL) Ortiz Rohrabacher Heller McMorris Sessions Davis (KY) LaTourette Baca Heinrich Pallone Rooney Hensarling Rodgers Shadegg Davis (TN) Latta Baird Herseth Sandlin Pascrell Herger Mica Shimkus Deal (GA) Lee (NY) Ros-Lehtinen Baldwin Higgins Pastor (AZ) Hill Miller (FL) Shuster Dent Lewis (CA) Roskam Barrow Himes Payne Hoekstra Miller (MI) Simpson Diaz-Balart, L. Linder Ross Bean Hinchey Peters Hunter Miller, Gary Smith (NE) Diaz-Balart, M. LoBiondo Royce Becerra Hinojosa Peterson Inglis Minnick Donnelly (IN) Lucas Ryan (WI) Smith (NJ) Berkley Hirono Pingree (ME) Issa Moran (KS) Dreier Luetkemeyer Scalise Smith (TX) Berman Hodes Polis (CO) Jenkins Murphy, Tim Duncan Lummis Schmidt Souder Berry Holden Pomeroy Johnson (IL) Myrick Ehlers Lungren, Daniel Schock Stearns Bishop (GA) Holt Price (NC) Johnson, Sam Neugebauer Ellsworth E. Sensenbrenner Sullivan Bishop (NY) Honda Quigley Jones Nunes Emerson Mack Sessions Taylor Blumenauer Hoyer Rahall Jordan (OH) Olson Fallin Manzullo Terry Boccieri Inslee Rangel Shadegg King (IA) Paul Flake Marchant Thompson (PA) Boswell Israel Reyes Shimkus King (NY) Paulsen Fleming McCarthy (CA) Thornberry Boucher Jackson (IL) Richardson Shuler Kingston Pence Forbes McCaul Tiahrt Boyd Jackson-Lee Rodriguez Shuster Kirk Petri Fortenberry McClintock Tiberi Brady (PA) (TX) Rothman (NJ) Simpson Kline (MN) Pitts Foxx McCotter Turner Braley (IA) Johnson (GA) Roybal-Allard Smith (NE) Lamborn Platts Franks (AZ) McHenry Bright Johnson, E. B. Ruppersberger Smith (NJ) Lance Poe (TX) Upton Frelinghuysen McHugh Brown, Corrine Kagen Rush Smith (TX) Latham Posey Walden Gallegly McIntyre Capps Kanjorski Ryan (OH) Souder LaTourette Price (GA) Wamp Garrett (NJ) McKeon Capuano Kaptur Salazar Stearns Latta Putnam Westmoreland Gerlach McMorris Cardoza Kennedy Sa´ nchez, Linda Sullivan Lee (NY) Radanovich Whitfield Gingrey (GA) Rodgers Carnahan Kildee T. Taylor Lewis (CA) Rehberg Wilson (SC) Gohmert Melancon Carson (IN) Kilpatrick (MI) Sanchez, Loretta Terry Linder Reichert Wittman Goodlatte Mica Castor (FL) Kilroy Sarbanes LoBiondo Roe (TN) Wolf Graves Miller (FL) Thompson (PA) Chandler Kind Schakowsky Lucas Rogers (AL) Young (AK) Griffith Miller (MI) Thornberry Clarke Kirkpatrick (AZ) Schauer Luetkemeyer Rogers (KY) Young (FL) Guthrie Miller, Gary Tiahrt Clay Kissell Schiff Hall (TX) Minnick Tiberi Cleaver Klein (FL) Schrader NOT VOTING—17 Harper Moran (KS) Turner Clyburn Kosmas Schwartz Hastings (WA) Murphy, Tim Upton Becerra Granger McCarthy (CA) Cohen Kucinich Scott (GA) Heller Myrick Walden Boehner Gutierrez Perriello Connolly (VA) Langevin Scott (VA) Hensarling Neugebauer Wamp Boucher Inslee Stark Conyers Larsen (WA) Serrano Herger Nunes Westmoreland Burgess Kilroy Thompson (MS) Cooper Larson (CT) Sestak Hill Olson Whitfield Butterfield Kosmas Waxman Costa Lee (CA) Shea-Porter Hoekstra Paul Wilson (SC) Ehlers Larson (CT) Costello Levin Sherman Hunter Paulsen Wittman Courtney Lewis (GA) Sires b 1348 Inglis Pence Wolf Crowley Lipinski Skelton Issa Petri Young (AK) Cuellar Loebsack Slaughter Mr. BACHUS changed his vote from Jenkins Pitts Young (FL) ‘‘aye’’ to ‘‘no.’’ Cummings Lofgren, Zoe Smith (WA) Dahlkemper Lowey Snyder NOT VOTING—8 Ms. BEAN changed her vote from Davis (AL) Luja´ n Space ‘‘no’’ to ‘‘aye.’’ Davis (CA) Lynch Speier Boehner Granger Stark Davis (IL) Maffei Spratt Burgess Perlmutter Waxman So the previous question was ordered. Butterfield Perriello The result of the vote was announced DeFazio Maloney Stupak DeGette Markey (CO) Sutton as above recorded. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Delahunt Markey (MA) Tanner The SPEAKER pro tempore (during Stated for: DeLauro Marshall Tauscher Mr. LARSON. Mr. Speaker, on April 29, Dicks Massa Teague the vote). Two minutes remain in this Dingell Matheson Thompson (CA) vote. 2009, I missed the vote on ordering the pre- Doggett Matsui Thompson (MS) vious question on H. Res. 372 (rollcall vote Doyle McCarthy (NY) Tierney b 1358 219), providing for consideration of H.R. 1913, Driehaus McCollum Titus So the resolution was agreed to. to provide Federal assistance to States, local Edwards (MD) McDermott Tonko Edwards (TX) McGovern Towns The result of the vote was announced jurisdictions, and Indian tribes to prosecute Ellison McMahon Tsongas as above recorded. hate crimes. Had I been present, I would have Engel McNerney Van Hollen A motion to reconsider was laid on voted ‘‘aye’’ for H. Res. 372. Eshoo Meek (FL) Vela´ zquez the table. Etheridge Meeks (NY) Visclosky Mr. BECERRA. Mr. Speaker, I was unavoid- Farr Michaud Walz f ably detained earlier today and missed rollcall Fattah Miller (NC) Wasserman COMMUNICATION FROM THE vote 219 on ordering the previous question on Filner Miller, George Schultz CLERK OF THE HOUSE H. Res. 372, providing for consideration of Foster Mitchell Waters Frank (MA) Mollohan Watson The SPEAKER laid before the House H.R. 1913. If present, I would have voted Fudge Moore (KS) Watt ‘‘aye.’’ Giffords Moore (WI) Weiner the following communication from the Stated against: Gonzalez Moran (VA) Welch Clerk of the House of Representatives: Gordon (TN) Mr. EHLERS. Mr. Speaker, on rollcall No. Murphy (CT) Wexler HOUSE OF REPRESENTATIVES, Grayson Murphy, Patrick Wilson (OH) Washington, DC, April 28, 2009. 219, I was inadvertently detained. Had I been Green, Al Murtha Woolsey present, I would have voted ‘‘no.’’ Green, Gene Nadler (NY) Wu Hon. NANCY PELOSI, The SPEAKER pro tempore. The Grijalva Napolitano Yarmuth The Speaker, House of Representatives, Washington, DC. question is on the resolution. NOES—190 DEAR MADAM SPEAKER: I have the honor to The question was taken; and the Aderholt Bilirakis Brown (SC) transmit herewith a facsimile copy of a let- Speaker pro tempore announced that Akin Bishop (UT) Brown-Waite, ter received from Mr. Todd D. Valentine and the ayes appeared to have it. Alexander Blackburn Ginny Mr. Stanley L. Zalen, Co-Executive Direc- Austria Blunt Buchanan RECORDED VOTE tors of the New York State Board of Elec- Bachmann Bonner Burton (IN) Ms. FOXX. Mr. Speaker, I demand a tions, indicating that, according to the unof- Bachus Bono Mack Buyer ficial returns of the Special Election held Barrett (SC) Boozman Calvert recorded vote. March 31, 2009, the Honorable Scott Murphy A recorded vote was ordered. Bartlett Boren Camp Barton (TX) Boustany Campbell was elected Representative to Congress for The SPEAKER pro tempore. This Biggert Brady (TX) Cantor the Twentieth Congressional District, State will be a 5-minute vote. Bilbray Broun (GA) Cao of New York.

VerDate Nov 24 2008 00:27 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.006 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4939 With best wishes, I am, There was no objection. brighter future for them and all of Sincerely, Mr. RANGEL. Madam Speaker, it is America’s children. LORRAINE C. MILLER, my great honor as the dean of the New I also want to thank my dad. And I Clerk. York delegation to present to this hon- am a very lucky man, I have my grand- Enclosure. orable body the Honorable SCOTT MUR- parents here with me today. I want to thank them and my mom, who is not STATE BOARD OF ELECTIONS, PHY. Albany, NY, April 27, 2009. Quite frankly, the Nation has said around anymore, for teaching me the Hon. LORRAINE C. MILLER, this has been a victory of Democrats lessons of hard work and thriftiness Clerk, House of Representatives, over Republicans. That’s just not so. and compassion that allowed me to The Capitol, Washington, DC. This is just one great American that achieve what I have in life and to join DEAR MS. MILLER: This is to advise you found himself in a district that had this body. that the unofficial results of the Special more Republicans who saw and wanted And I want to say thanks to the fam- Election held on Tuesday, March 31, 2009, for the best for this country. ily and friends that have made the trip Representative in Congress from the Twen- It is my great honor to present the down from New York. Many of you tieth Congressional District of New York, have heard I’ve got a huge family. We show that Scott Murphy received 80,420 of Honorable SCOTT MURPHY of the 20th the total number of votes cast for that of- District of New York. have got 57 people in our immediate fice. Mr. MURPHY of New York. Thank family. At least half of them are up It would appear from these unofficial re- you, Chairman RANGEL. It’s an honor here in the gallery. So thank you all sults that Scott Murphy was elected as Rep- to stand on this floor of this House and very much for being here and for all resentative in Congress from the Twentieth join the outstanding men and women of your support. Congressional District of New York. this 111th Congress. I look forward to And I want to say thanks to Speaker As soon as the official results are certified getting to know all of you, to learning PELOSI for your wonderful leadership to this office by the County Boards of Elec- from you, and, most of all, working and to the rest of the leadership team: tions involved, an official Certificate of Elec- the majority leader, STENY HOYER; tion will be prepared for transmittal as re- with you in the spirit of bipartisan co- Caucus Chairman LARSON; Whip CLY- quired by law. operation that our challenges so des- Very truly yours, perately demand. BURN; Chairman VAN HOLLEN, who have TODD D. VALENTINE, Upstate New Yorkers made clear to all been very helpful in putting this all Co-Executive Director. me that while the challenges we face as together, and I couldn’t have gotten STANLEY L. ZALEN, a country are some of the greatest we here without your help. So thank you Co-Executive Director. have ever known, they’re not Demo- very much. f cratic challenges, they’re not Repub- A special thanks to Senator lican challenges. And as our President GILLIBRAND, who made this oppor- SWEARING IN OF THE HONORABLE tunity possible and who did an amazing has said, this country is not as polar- SCOTT MURPHY, OF NEW YORK, job representing the families of Up- AS A MEMBER OF THE HOUSE ized as our politics would suggest. So while we may disagree at times on state New York, and I heard that con- Mr. RANGEL. Madam Speaker, I ask issues, we must never forget that our sistently on the campaign trail. So thanks for your support and your won- unanimous consent that the gentleman goals are the same: to make sure that derful work on behalf of our district. from New York, the Honorable SCOTT we have good jobs for our workers; to I also want to say thanks to Presi- MURPHY, be permitted to take the oath keep our families healthy and safe; to dent Obama and Vice President BIDEN of office today. help our small businesses grow and His certificate of election has not yet for their excellent leadership. And I prosper; to build a cleaner, independent look forward to working with them and arrived, but there is no contest and no energy future; and to make sure that question has been raised with regard to all the Members of this body to make our kids can find jobs so that they can sure that we get the stimulus money, his election. stay near their families and in our The SPEAKER. Is there objection to the economic recovery money out and communities like those all across Up- make sure it’s as effective as it can the request of the gentleman from New state New York. York? possibly be in impacting our commu- I have dedicated my career to cre- nities and getting this economy mov- There was no objection. ating jobs and helping small businesses The SPEAKER. Will the Representa- ing. grow, working with people of all back- Thanks also to the outstanding New tive-elect and the members of the New grounds and parties to solve complex York delegation that was so excited York delegation present themselves in challenges. Beginning today, I will and helpful in this race. I am looking the well. fight to invest in the 21st century in- forward to working on behalf of a Mr. MURPHY of New York appeared frastructure that will create jobs and brighter New York with so many other at the bar of the House and took the get our economy moving again. Members from our fine State. oath of office, as follows: There are so many people to thank I want to say thanks to all the other Do you solemnly swear or affirm that for making this journey here today leaders that were helpful, Governor you will support and defend the Con- possible. First and foremost, the voters Paterson and Senator SCHUMER and all stitution of the United States against of the 20th District of New York. I’m the volunteers and staff, and particu- all enemies, foreign and domestic; that humbled and honored by the faith and larly the excellent staff that I had that you will bear true faith and allegiance trust that they have placed in me, and are here that did so much on our behalf to the same; that you take this obliga- I pledge to work every day to make for this campaign. So thank you to ev- tion freely, without any mental res- their lives a little bit better and to live eryone who was involved. ervation or purpose of evasion; and up to my ultimate job description of As I began serving the people of Up- that you will well and faithfully dis- being their voice here in this House. state New York, I pledged to work with charge the duties of the office on which Now, the first person I would like to each and every Member of this body to you are about to enter, so help you thank is the most important person in put people back to work, to take care God. my world, my best friend, the love of of the taxpayers of today and of tomor- The SPEAKER. Congratulations, you my life, my wife, Jen, who is up in the row, and to give our kids a 21st century are now a Member of the 111th Con- audience here. Without her encourage- education, and, most of all, to summon gress. ment and support, I never would have the true spirit of cooperation that it f tried this and would never have been will take to make sure that America’s successful. brightest days are still ahead of us. WELCOMING THE HONORABLE I also want to thank my kids, Thank you. SCOTT MURPHY TO THE HOUSE Simone and Lux, who are down here on f OF REPRESENTATIVES the floor with me, and my son Duke. The SPEAKER. Without objection, Their curiosity and energy inspires me ANNOUNCEMENT BY THE SPEAKER the gentleman from New York (Mr. every day and reminds me and reminds The SPEAKER. Under clause 5(d) of RANGEL) is recognized for 1 minute. all of us that we are here fighting for a rule XX, the Chair announces to the

VerDate Nov 24 2008 04:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.014 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4940 CONGRESSIONAL RECORD — HOUSE April 29, 2009 House that, in light of the administra- Griffith Marchant Roskam NOT VOTING—17 Grijalva Markey (CO) Ross tion of the oath of office to the gen- Bachus Dicks Paul Guthrie Markey (MA) Rothman (NJ) Bishop (GA) Doyle Perriello tleman from New York (Mr. MURPHY), Gutierrez Marshall Roybal-Allard Burgess Granger Sessions Hall (NY) Massa Ruppersberger the whole number of the House is 434. Butterfield Larsen (WA) Hall (TX) Matheson Smith (NE) Rush Cummings Linder f Halvorson Matsui Stark Ryan (OH) Diaz-Balart, L. Nye Hare McCarthy (CA) Ryan (WI) ANNOUNCEMENT BY THE SPEAKER Harman McCarthy (NY) Salazar b 1421 PRO TEMPORE Harper McCaul Sa´ nchez, Linda Hastings (FL) McClintock T. So (two-thirds being in the affirma- The SPEAKER pro tempore (Mr. PAS- Hastings (WA) McCollum Sanchez, Loretta tive) the rules were suspended and the Heinrich McCotter TOR of Arizona). Without objection, 5- Sarbanes bill was passed. minute voting will continue. Heller McDermott Schakowsky Hensarling McGovern Schauer The result of the vote was announced There was no objection. Herger McHenry Schiff as above recorded. Herseth Sandlin McHugh f Schmidt A motion to reconsider was laid on Higgins McIntyre Schock Hill McKeon the table. Schrader FAMILY SELF-SUFFICIENCY ACT Himes McMahon Schwartz Hinchey McMorris f OF 2009 Scott (GA) Hinojosa Rodgers Scott (VA) LOCAL LAW ENFORCEMENT HATE The SPEAKER pro tempore. The un- Hirono McNerney Sensenbrenner finished business is the question on Hodes Meek (FL) CRIMES PREVENTION ACT OF 2009 Serrano suspending the rules and passing the Hoekstra Meeks (NY) Mr. CONYERS. Mr. Speaker, pursu- Holden Melancon Sestak bill, H.R. 46. Holt Mica Shea-Porter ant to the rule, I call up the bill (H.R. The Clerk read the title of the bill. Honda Michaud Sherman 1913) to provide Federal assistance to The SPEAKER pro tempore. The Hoyer Miller (FL) Shimkus Shuler States, local jurisdictions, and Indian question is on the motion offered by Hunter Miller (MI) Inglis Miller (NC) Shuster tribes to prosecute hate crimes, and for the gentleman from California (Mr. Inslee Miller, Gary Simpson other purposes. BACA) that the House suspend the rules Israel Miller, George Sires The Clerk read the title of the bill. Skelton and pass the bill, H.R. 46. Issa Minnick The text of the bill is as follows: Jackson (IL) Mitchell Slaughter The question was taken. Jackson-Lee Mollohan Smith (NJ) The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. In the (TX) Moore (KS) Smith (TX) ant to House Resolution 372, the opinion of the Chair, two-thirds being Jenkins Moore (WI) Smith (WA) amendment in the nature of a sub- in the affirmative, the ayes have it. Johnson (GA) Moran (KS) Snyder Johnson (IL) Moran (VA) Souder stitute printed in the bill, modified by RECORDED VOTE Johnson, E. B. Murphy (CT) Space the amendment printed in House Re- Mr. RANGEL. Mr. Speaker, I demand Johnson, Sam Murphy (NY) Speier port 111–91, is adopted and the bill, as Jones Murphy, Patrick Spratt amended, is considered read. a recorded vote. Jordan (OH) Murphy, Tim Stupak A recorded vote was ordered. Kagen Murtha Sullivan The text of the bill, as amended, is as The SPEAKER pro tempore. This is a Kanjorski Myrick Sutton follows: 5-minute vote. Kaptur Nadler (NY) Tanner H.R. 1913 Kennedy Napolitano Tauscher The vote was taken by electronic de- Kildee Neal (MA) Taylor Be it enacted by the Senate and House of Rep- vice, and there were—ayes 397, noes 19, Kilpatrick (MI) Neugebauer Teague resentatives of the United States of America in not voting 17, as follows: Kilroy Nunes Terry Congress assembled, Kind Oberstar Thompson (CA) SECTION 1. SHORT TITLE. [Roll No. 221] King (IA) Obey Thompson (MS) This Act may be cited as the ‘‘Local Law En- AYES—397 King (NY) Olson Thompson (PA) Kirk Olver forcement Hate Crimes Prevention Act of 2009’’. Thornberry Abercrombie Brown, Corrine Davis (TN) Kirkpatrick (AZ) Ortiz Tiahrt SEC. 2. DEFINITION OF HATE CRIME. Ackerman Brown-Waite, Deal (GA) Kissell Pallone Tiberi In this Act— Aderholt Ginny DeFazio Klein (FL) Pascrell Tierney Adler (NJ) Buchanan DeGette Kline (MN) Pastor (AZ) (1) the term ‘‘crime of violence’’ has the mean- Titus Akin Burton (IN) Delahunt Kosmas Paulsen ing given that term in section 16, title 18, United Alexander Buyer DeLauro Kratovil Payne Tonko States Code; Altmire Calvert Dent Kucinich Pence Towns (2) the term ‘‘hate crime’’ has the meaning Andrews Cantor Diaz-Balart, M. Tsongas Lamborn Perlmutter given such term in section 280003(a) of the Vio- Arcuri Cao Dingell Lance Peters Turner Austria Capito Doggett Upton lent Crime Control and Law Enforcement Act of Langevin Peterson 1994 (28 U.S.C. 994 note); and Baca Capps Donnelly (IN) Larson (CT) Petri Van Hollen Bachmann Capuano Dreier Latham Pingree (ME) Vela´ zquez (3) the term ‘‘local’’ means a county, city, Baird Cardoza Driehaus LaTourette Platts Visclosky town, township, parish, village, or other general Baldwin Carnahan Edwards (MD) Latta Poe (TX) Walden purpose political subdivision of a State. Barrett (SC) Carney Edwards (TX) Walz Lee (CA) Polis (CO) SEC. 3. SUPPORT FOR CRIMINAL INVESTIGA- Barrow Carson (IN) Ehlers Wamp Lee (NY) Pomeroy TIONS AND PROSECUTIONS BY Bartlett Carter Ellison Wasserman Levin Posey STATE, LOCAL, AND TRIBAL LAW EN- Barton (TX) Castle Ellsworth Schultz Lewis (CA) Price (GA) FORCEMENT OFFICIALS. Bean Castor (FL) Emerson Lewis (GA) Price (NC) Waters (a) ASSISTANCE OTHER THAN FINANCIAL AS- Becerra Chaffetz Engel Lipinski Putnam Watson Berkley Chandler Eshoo LoBiondo Quigley Watt SISTANCE.— Berman Childers Etheridge Loebsack Radanovich Waxman (1) IN GENERAL.—At the request of a State, Berry Clarke Fallin Lofgren, Zoe Rahall Weiner local, or tribal law enforcement agency, the At- Biggert Clay Farr Lowey Rangel Welch torney General may provide technical, forensic, Bilbray Cleaver Fattah Lucas Rehberg Wexler Bilirakis Clyburn Filner prosecutorial, or any other form of assistance in Luetkemeyer Reichert Whitfield the criminal investigation or prosecution of any Bishop (NY) Coble Fleming ´ Wilson (OH) Lujan Reyes crime that— Bishop (UT) Coffman (CO) Forbes Lummis Richardson Wilson (SC) Blackburn Cohen Fortenberry Lungren, Daniel Rodriguez Wittman (A) constitutes a crime of violence; Blumenauer Cole Foster E. Roe (TN) Wolf (B) constitutes a felony under the State, local, Boccieri Conaway Foxx Lynch Rogers (AL) Woolsey or tribal laws; and Boehner Connolly (VA) Frank (MA) Mack Rogers (MI) Wu (C) is motivated by prejudice based on the ac- Bonner Conyers Franks (AZ) Maffei Rohrabacher Yarmuth Bono Mack Cooper Frelinghuysen tual or perceived race, color, religion, national Maloney Rooney Young (AK) origin, gender, sexual orientation, gender iden- Boozman Costa Fudge Manzullo Ros-Lehtinen Young (FL) Boren Costello Gallegly tity, or disability of the victim, or is a violation Boswell Courtney Garrett (NJ) of the State, local, or tribal hate crime laws. NOES—19 Boucher Crenshaw Gerlach (2) PRIORITY.—In providing assistance under Boustany Crowley Giffords Blunt Flake Royce paragraph (1), the Attorney General shall give Boyd Cuellar Gingrey (GA) Broun (GA) Gohmert Scalise priority to crimes committed by offenders who Brady (PA) Dahlkemper Gonzalez Camp Goodlatte Shadegg Brady (TX) Davis (AL) Gordon (TN) Campbell Graves have committed crimes in more than one State Stearns and to rural jurisdictions that have difficulty Braley (IA) Davis (CA) Grayson Cassidy Kingston Westmoreland Bright Davis (IL) Green, Al Culberson Pitts covering the extraordinary expenses relating to Brown (SC) Davis (KY) Green, Gene Duncan Rogers (KY) the investigation or prosecution of the crime.

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(b) GRANTS.— United States Code, as added by section 7 of this shall be subject to the same penalties as those (1) IN GENERAL.—The Attorney General may Act. provided for offenses under those paragraphs. award grants to State, local, and tribal law en- SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ‘‘(b) CERTIFICATION REQUIREMENT.—No pros- forcement agencies for extraordinary expenses ACTS. ecution of any offense described in this sub- associated with the investigation and prosecu- (a) IN GENERAL.—Chapter 13 of title 18, section may be undertaken by the United States, tion of hate crimes. United States Code, is amended by adding at the except under the certification in writing of the (2) OFFICE OF JUSTICE PROGRAMS.—In imple- end the following: Attorney General, the Deputy Attorney General, menting the grant program under this sub- ‘‘§ 249. Hate crime acts the Associate Attorney General, or any Assist- section, the Office of Justice Programs shall ant Attorney General specially designated by ‘‘(a) IN GENERAL.— work closely with grantees to ensure that the the Attorney General that— ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- concerns and needs of all affected parties, in- ‘‘(1) such certifying individual has reasonable CEIVED RACE, COLOR, RELIGION, OR NATIONAL OR- cluding community groups and schools, colleges, cause to believe that the actual or perceived IGIN.—Whoever, whether or not acting under and universities, are addressed through the race, color, religion, national origin, gender, color of law, willfully causes bodily injury to local infrastructure developed under the grants. sexual orientation, gender identity, or disability any person or, through the use of fire, a fire- (3) APPLICATION.— of any person was a motivating factor under- arm, a dangerous weapon, or an explosive or in- (A) IN GENERAL.—Each State, local, or tribal lying the alleged conduct of the defendant; and cendiary device, attempts to cause bodily injury law enforcement agency that desires a grant ‘‘(2) such certifying individual has consulted to any person, because of the actual or per- under this subsection shall submit an applica- with State or local law enforcement officials re- ceived race, color, religion, or national origin of tion to the Attorney General at such time, in garding the prosecution and determined that— any person— such manner, and accompanied by or con- ‘‘(A) the State does not have jurisdiction or ‘‘(A) shall be imprisoned not more than 10 taining such information as the Attorney Gen- does not intend to exercise jurisdiction; years, fined in accordance with this title, or eral shall reasonably require. ‘‘(B) the State has requested that the Federal both; and (B) DATE FOR SUBMISSION.—Applications sub- Government assume jurisdiction; ‘‘(B) shall be imprisoned for any term of years mitted pursuant to subparagraph (A) shall be ‘‘(C) the State does not object to the Federal or for life, fined in accordance with this title, or submitted during the 60-day period beginning on Government assuming jurisdiction; or both, if— a date that the Attorney General shall prescribe. ‘‘(D) the verdict or sentence obtained pursu- ‘‘(i) death results from the offense; or (C) REQUIREMENTS.—A State, local, or tribal ant to State charges left demonstratively ‘‘(ii) the offense includes kidnaping or an at- law enforcement agency applying for a grant unvindicated the Federal interest in eradicating tempt to kidnap, aggravated sexual abuse or an under this subsection shall— bias-motivated violence. attempt to commit aggravated sexual abuse, or (i) describe the extraordinary purposes for ‘‘(c) DEFINITIONS.— an attempt to kill. ‘‘(1) In this section— which the grant is needed; ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- ‘‘(A) the term ‘explosive or incendiary device’ (ii) certify that the State, local government, or CEIVED RELIGION, NATIONAL ORIGIN, GENDER, has the meaning given such term in section 232 Indian tribe lacks the resources necessary to in- SEXUAL ORIENTATION, GENDER IDENTITY, OR DIS- of this title; vestigate or prosecute the hate crime; ABILITY.— ‘‘(B) the term ‘firearm’ has the meaning given (iii) demonstrate that, in developing a plan to ‘‘(A) IN GENERAL.—Whoever, whether or not such term in section 921(a) of this title; and implement the grant, the State, local, or tribal acting under color of law, in any circumstance ‘‘(C) the term ‘State’ includes the District of law enforcement agency has consulted and co- described in subparagraph (B), willfully causes Columbia, Puerto Rico, and any other territory ordinated with nonprofit, nongovernmental vio- bodily injury to any person or, through the use or possession of the United States. lence recovery service programs that have expe- of fire, a firearm, a dangerous weapon, or an ‘‘(2) For the purposes of this chapter, the term rience in providing services to victims of hate explosive or incendiary device, attempts to cause ‘gender identity’ means actual or perceived gen- crimes; and bodily injury to any person, because of the ac- der-related characteristics. (iv) certify that any Federal funds received tual or perceived religion, national origin, gen- ‘‘(d) STATUTE OF LIMITATIONS.— under this subsection will be used to supple- der, sexual orientation, gender identity, or dis- ‘‘(1) OFFENSES NOT RESULTING IN DEATH.—Ex- ment, not supplant, non-Federal funds that ability of any person— cept as provided in paragraph (2), no person would otherwise be available for activities fund- ‘‘(i) shall be imprisoned not more than 10 shell be prosecuted, tried, or punished for any ed under this subsection. years, fined in accordance with this title, or offense under this section unless the indictment (4) DEADLINE.—An application for a grant both; and for such offense is found, or the information for under this subsection shall be approved or de- ‘‘(ii) shall be imprisoned for any term of years such offense is instituted, not later than 7 years nied by the Attorney General not later than 180 or for life, fined in accordance with this title, or after the date on which the offense was com- business days after the date on which the Attor- both, if— mitted. ney General receives the application. ‘‘(I) death results from the offense; or ‘‘(2) DEATH RESULTING OFFENSES.—An indict- (5) GRANT AMOUNT.—A grant under this sub- ‘‘(II) the offense includes kidnaping or an at- ment or information alleging that an offense section shall not exceed $100,000 for any single tempt to kidnap, aggravated sexual abuse or an under this section resulted in death may be jurisdiction in any 1-year period. attempt to commit aggravated sexual abuse, or found or instituted as any time without limita- (6) REPORT.—Not later than December 31, an attempt to kill. tion. 2011, the Attorney General shall submit to Con- ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- ‘‘(e) RULE OF EVIDENCE.—In a prosecution for gress a report describing the applications sub- poses of subparagraph (A), the circumstances an offense under this section, evidence of ex- mitted for grants under this subsection, the described in this subparagraph are that— pression or associations of the defendant may award of such grants, and the purposes for ‘‘(i) the conduct described in subparagraph not be introduced as substantive evidence at which the grant amounts were expended. (A) occurs during the course of, or as the result trial, unless the evidence specifically relates to (7) AUTHORIZATION OF APPROPRIATIONS.— of, the travel of the defendant or the victim— that offense. However, nothing in this section There is authorized to be appropriated to carry ‘‘(I) across a State line or national border; or affects the rules of evidence governing impeach- out this subsection $5,000,000 for each of fiscal ‘‘(II) using a channel, facility, or instrumen- ment of a witness.’’. years 2010 and 2011. tality of interstate or foreign commerce; (b) TECHNICAL AND CONFORMING AMEND- SEC. 4. GRANT PROGRAM. ‘‘(ii) the defendant uses a channel, facility, or MENT.—The table of sections at the beginning of (a) AUTHORITY TO AWARD GRANTS.—The Of- instrumentality of interstate or foreign com- chapter 13 of title 18, United States Code, is fice of Justice Programs of the Department of merce in connection with the conduct described amended by adding at the end the following Justice may award grants, in accordance with in subparagraph (A); new item: such regulations as the Attorney General may ‘‘(iii) in connection with the conduct described ‘‘249. Hate crime acts.’’. prescribe, to State, local, or tribal programs de- in subparagraph (A), the defendant employs a SEC. 7. SEVERABILITY. signed to combat hate crimes committed by juve- firearm, explosive or incendiary device, or other If any provision of this Act, an amendment niles, including programs to train local law en- weapon that has traveled in interstate or for- made by this Act, or the application of such pro- forcement officers in identifying, investigating, eign commerce; or vision or amendment to any person or cir- prosecuting, and preventing hate crimes. ‘‘(iv) the conduct described in subparagraph cumstance is held to be unconstitutional, the re- (b) AUTHORIZATION OF APPROPRIATIONS.— (A)— mainder of this Act, the amendments made by There are authorized to be appropriated such ‘‘(I) interferes with commercial or other eco- this Act, and the application of the provisions of sums as may be necessary to carry out this sec- nomic activity in which the victim is engaged at such to any person or circumstance shall not be tion. the time of the conduct; or affected thereby. ‘‘(II) otherwise affects interstate or foreign SEC. 5. AUTHORIZATION FOR ADDITIONAL PER- SEC. 8. RULE OF CONSTRUCTION. SONNEL TO ASSIST STATE, LOCAL, commerce. Nothing in this Act, or the amendments made AND TRIBAL LAW ENFORCEMENT. ‘‘(3) ADDITIONAL FEDERAL NEXUS FOR OF- by this Act, shall be construed to prohibit any There are authorized to be appropriated to the FENSE.—Whoever, in the special maritime or ter- expressive conduct protected from legal prohibi- Department of Justice, including the Community ritorial jurisdiction of the United States, or in tion by, or any activities protected by, the Con- Relations Service, for fiscal years 2010, 2011, and Indian country, engages in conduct described in stitution. 2012, such sums as are necessary to increase the paragraph (1) or in paragraph (2)(A) (without number of personnel to prevent and respond to regard to whether that conduct occurred in a The SPEAKER pro tempore. Debate alleged violations of section 249 of title 18, circumstance described in paragraph (2)(B)) shall not exceed 1 hour and 20 minutes,

VerDate Nov 24 2008 00:27 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.013 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4942 CONGRESSIONAL RECORD — HOUSE April 29, 2009 equally divided and controlled by the started the hate crimes bill under the dence to support the claim that hate chair and ranking minority member of church arson bill. The President called crimes impact interstate or foreign the Committee on the Judiciary, each us into the White House with the gov- commerce, an important consideration of whom may yield control of blocks of ernors of southern States to advise for any Federal court reviewing the that time. them that the burning of churches, the constitutionality of this legislation. The gentleman from Michigan (Mr. arson, the cross burnings were so out of In 2000, the Supreme Court in United CONYERS) and the gentleman from control in many States that there was States v. Morrison struck down a pro- Texas (Mr. SMITH) each will control 40 no other remedy except by Federal hibition on gender-motivated violence. minutes. statute. The Federal Government In that case the court specifically The Chair recognizes the gentleman would have to be authorized to inter- warned Congress that the commerce from Michigan. cede where they invited them to do so. clause does not extend to ‘‘non- GENERAL LEAVE From that has grown this bill, based on economic, violent criminal conduct’’ Mr. CONYERS. Mr. Speaker, I ask law that has been tested in the Su- that does not cross State lines. unanimous consent that all Members preme Court and many other lower b 1430 have 5 legislative days to revise and ex- courts. tend their remarks and include extra- And so we come before you with a Nor is the proposed legislation au- neous material on the bill under con- bill that does not encroach upon the thorized under the 14th and 15th sideration. First Amendment, or the Fourth Amendments. Those amendments ex- The SPEAKER pro tempore. Is there Amendment, or the part of the Con- tend only to State action and do not objection to the request of the gen- stitution that leaves all other powers cover the actions of private persons tleman from Michigan? to the States. I urge your continued who commit violent crimes. There was no objection. careful consideration of it. While the 13th Amendment reaches Mr. CONYERS. Mr. Speaker, I ask I reserve the balance of my time. private action such as individual crimi- unanimous consent to yield control of Mr. SMITH of Texas. Mr. Speaker, I nal conduct, it is difficult to argue that 10 minutes of the debate to the gen- yield myself such time as I may con- one’s religion or national origin con- tleman from Illinois, Mr. MARK KIRK. stitutes a ‘‘badge’’ or ‘‘incident’’ of The SPEAKER pro tempore. Is there sume. Mr. Speaker, every year thousands of slavery, the subject of the 13th Amend- objection to the request of the gen- violent crimes are committed out of ment. tleman from Michigan? Also this bill purports to federalize There was no objection. hate, but just as many violent crimes, crimes that are being successfully pros- Mr. CONYERS. I yield myself such if not more, are motivated by some- ecuted by our States and local govern- time as I may consume. thing other than hate—greed, jealousy, Members of the House, the measure desperation or revenge, just to name a ments. Furthermore, FBI statistics before us enables the Department of few. An individual’s motivation for show that the incidence of so-called Justice to come to the aid of State and committing a violent crime is usually hate crimes has actually declined and local law enforcement agencies in in- complex and often speculative. substantially declined over the last 10 vestigating and prosecuting bias-based Every violent crime is deplorable, re- years. In 2007, for example, of the ap- brutality and helping defer the costs gardless of its motivation. Every vio- proximately 17,000 homicides that oc- when they overwhelm State and local lent crime can be devastating, not only curred in the U.S., only nine of the resources. And when necessary—and if to the victim and their family, but also 17,000 murders were determined to be approved by the highest, Senate-con- to the larger community whose sense motivated by bias. firmed Department officials—it author- of safety has been violated. That’s why This legislation blurs the lines be- izes the Department to step in and all violent crimes should be vigorously tween violent belief, which is constitu- prosecute at the Federal level. prosecuted. tionally protected, and violent action, What we are doing here today is ex- Unfortunately, this bill undermines which is not. If we go down this road, panding existing Federal hate crimes one of the most basic principles of our where does it end? With speech mon- law beyond the confines of protecting criminal justice system—equal justice itors and thought police? access to a limited set of specified pro- for all. Under this bill, justice will no I urge my colleagues to oppose the tected activities. What we do is add to longer be equal. Justice will now de- bill. the current list of group characteris- pend on the race, gender, sexual ori- Mr. Speaker, I reserve the balance of tics deservedly recognized for protec- entation, disability or other protected my time. tion, the reason being due to their status of the victim. It will allow dif- Mr. KIRK. Mr. Speaker, I yield my- being well-known targets for bias-based ferent penalties to be imposed for the self 3 minutes. violence. So we add new ones that also same crime. This is the real injustice. Mr. Speaker, I rise in support of this clearly belong on the list, and this is One of the most troublesome aspects bill and would recognize the work of after careful scrutiny and hearings on of this bill is that it divides America. President Bush 19 years ago when he this issue—they are sexual orientation, It divides America by race, again, gen- signed the first hate crimes informa- gender, gender identity, and disability. der, sexual orientation, disability, or tion bill into law. That law allowed us These crimes of violence are directed other status. We should focus on the to collect data showing two hate not just at those who are directly at- opposite, uniting America, not dividing crimes in my district, 191 in the State tacked; they are targeting the entire our country. of Illinois, and 7,600 in America. group with the threat of violence. So The bill also could have a chilling ef- This legislation is backed by the Na- the groups in the bill differ from other fect on the words of religious leaders or tional Sheriffs’ Association, the Inter- groups that some have been trying to members of religious groups. For ex- national Association of Chiefs of Po- add on—and I understand some of their ample, religious individuals who feel lice, the National District Attorneys reasons for that—but which do not strongly about some values may hesi- Association, and 26 State Attorneys share the same kind of history of being tate to discuss their personal beliefs General. targeted over a period of time for hate- about homosexuality or gay marriage Much of this bill may not have been based violence. for fear of criminal investigation. needed in the earlier days of our coun- Our approach is consistent with the Some of my colleagues on the other try when we were, frankly, much less judgment made by the States that have side claim that the bill protects reli- diverse. But unlike those earlier times, hate crimes laws—45 of them. They gious speech. But religious leaders we have now built the freest country have made the same judgment as we could still be subjected to criminal in- on Earth, with the largest economy have made for Federal law, that these vestigations and be reluctant to preach and also the most diverse population. many other groups should be protected the teachings of their faith as a result This bill provides Federal help to elsewhere in the law, not in hate of this bill. fight violent crime. It can be impor- crimes law. In addition, the bill itself is probably tant, especially to suburban police de- I close by reminding Members that unconstitutional and will be struck partments like Palatine, Illinois, that under Lyndon Johnson in 1968 we first down by the courts. There is little evi- could be overwhelmed as two groups

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At the first trial, the person is early history, those whose skin was other countries crack up and go acquitted of the violent crime, and at black were subjected to violence not through much pain and anguish and the second trial the person is convicted because of their character, not because suffering when one group attacks an- of the hate crime, meaning what the of anything they had done, but because other simply because of their member- defendant says during the commission of the fact that their skin was black, ship or identity. of that crime. And that ends up crim- and because violence was visited In the United States military, I saw inalizing free speech, because the ac- against them, all who were similarly this most clearly in Bosnia and tual act of violence the jury deter- situated were put in fear. That is why Kosovo. Part of the modern Yugo- mined that the defendant was not this crime is different from simply vio- slavia, well-entrenched in Western Eu- guilty, but because of what the defend- lence animated, as the distinguished ropean values, they thought their di- ant said during the commission of the ranking member indicated, so many of verse society would always remain crime aimed at the victim, the person our crimes are. He is right. But this is calm and peaceful with different is convicted of saying that. a particular character of crime that groups relating to one another. In That is where we have the First not only puts the victim at risk, but those societies, the arrogance of that Amendment slippery slope. And I think puts all members of the group to which idea was laid bare and the countries if this ever happens, you will find this that victim belongs at risk and at fear. cracked up and we saw the darkest part bill declared to be unconstitutional as This bill allows us to expand the ex- of the human heart open, only a few a violation of the First Amendment in isting Federal hate crimes law, which hundred miles from the capitals of Eu- the blink of an eye. was enacted nearly 40 years ago, and, rope where we draw our own cultural Now, I know that there are a lot of as was pointed out, was signed by one heritage. It would be the height of ar- groups that are strongly in favor of of our previous Republican presidents. rogance to say something like this this type of legislation. One of our jobs Under existing law, Federal jurisdic- could never happen in the United here in the Congress of the United tion over hate crime is limited to those States of America, and it is the job of States, and particularly on the Judici- acts directed at individuals on the this Congress to make sure that never ary Committee, is to make sure that basis of race, religion, color or national happens. what we consider and what we ask the origin, and only when the victim is tar- We see violence in other countries, House of Representatives to pass is geted because he or she is engaged in a like in Mexico, attempt to come across well thought out and does not have this federally protected activity, such as into this country. We see various glaring gap that I have just described. voting. groups try to bring their struggles I would hope that my friends on the My friends, if America stands for anything, it stands for equality under from Asia or the Middle East to the other side of the aisle who have been the law; of inclusion; of not making ar- United States. Our job is to make sure pushing this legislation would stop and bitrary and capricious distinctions not just big city police departments, think about what happens to this legis- based on factors other than American but also suburban and rural police de- lation if a defendant is acquitted of the citizenship, endowed by their Creator partments, have what they need to crime of violence and then convicted with certain unalienable rights, and quickly respond and make sure that a for what that person says while com- among these are life, liberty and the kind of identity violence that has mitting the crime for which he was ac- pursuit of happiness. plagued so many other countries who quitted. Please think about that and What hate crimes do is to put that at may have thought that they were im- come back with sentence enhance- risk. What hate crimes do is adopt the mune can never come to our shores. ments, because that is the way to deal premise that somehow there are some If this bill in any way tried to inter- with this problem, not this bill. citizens less than the rest of us because fere with the First Amendment or Mr. CONYERS. Mr. Speaker, I am of the group to which they belong. other speech of this country, I would pleased to yield 1 minute to the distin- That is what this bill is all about, the not support it. But, instead it is di- guished majority leader, himself a basic fundamental tenet of America rected against violent crime, and that longtime member of the bar and a sup- that all men and women are created is why I support it. porter of civil rights, the gentleman equal. God does not see the distinctions Mr. SMITH of Texas. Mr. Speaker, I from Maryland (Mr. HOYER). sometimes that we see, arbitrary, ca- yield 3 minutes to the gentleman from Mr. HOYER. I thank the chairman pricious, and, yes, tragically some- Wisconsin (Mr. SENSENBRENNER), a for yielding. times hateful, that then lead to vio- former chairman of the Judiciary Com- I am pleased to follow the distin- lence and injury and death. mittee and now the ranking member of guished gentleman who just spoke be- This legislation broadens this provi- the Constitution Subcommittee. cause what he said was he agrees with sion to cover all violent crimes moti- Mr. SENSENBRENNER. Mr. Speak- the objectives of this legislation. One vated by race, religion or national ori- er, I rise in opposition to this bill. The could argue, I suppose, about the gin, as I said. It also expands current motivation behind this bill is ex- means, but really it is the objective law to prohibit the same conduct when tremely well-intentioned. We should that is the most important, and the ob- motivated on the basis of a victim’s punish violent crime. We should punish jective is to in this country make a gender, sexual orientation, gender violent crime where the animus is mo- statement that violence against indi- identity or disability. tivated by hate against an individual viduals because of the group of which ‘‘All men and women.’’ No paren- or against a group because of charac- they are a member or their nationality theses, ‘‘except . . . ’’, no comma, ‘‘not teristics that they may have. or their race or their religion or their these . . . ’’, no further comma, ‘‘but But this is the wrong way to go about sexual orientation, whatever the dis- we don’t mean these Americans . . . ’’. it. What we should be doing is we tinction might be, we in America have ‘‘All,’’ our Constitution and Declara- should be insisting on sentence en- said that we believe all people ought to tion of Independence say. The principle hancements for those who are con- be treated equal. is the same. Hate crimes sow fear and victed of a violent crime, a murder, an This legislation, the Local Law En- division in our communities, no matter aggravated battery, a simple battery, forcement Hate Crimes Prevention Act, what group is targeted. an assault. The reason we should do it is a powerful statement, I suggest to Expanding the protections of the law that way is that way we make sure you, of some of our most important responds to the reality in America that those who are guilty of a violent American values, Mr. KIRK spoke of today. For instance, hate crimes moti- crime which is motivated by hate those just a little earlier; tolerance, re- vated by sexual orientation are almost

VerDate Nov 24 2008 00:27 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.051 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4944 CONGRESSIONAL RECORD — HOUSE April 29, 2009 as equally common as hate crimes mo- The distinguished majority leader The provisions of this bill will assist tivated by religion. The gentleman says that this is not about thought prosecutors in enforcing the rights from Illinois suggests there are less crime; it’s about conduct. But the fact guaranteed by the Constitution. It al- crimes, and we are pleased about that, of the matter is that the identical lows law enforcement officials to hold but one is too many. crime, be it a murder, a rape, an as- those committing violent crimes ac- This bill would also allow the Federal sault, a battery, whatever it might be, countable for their actions. This is Government to provide assistance to conducted against one of the protected what this bill does. State and local law enforcement offi- classes will receive additional pen- What this bill does not do is restrict cials to investigate and prosecute hate alties, compared to that pregnant free speech. Freedom of speech and crimes. Why? Because it is not simply woman or senior citizen or veteran or freedom of association guaranteed by a local threat. It is a threat to all child, simply based upon the thought the first amendment are respected by Americans everywhere in every State if process of the perpetrator of the crime. the language of this bill. Despite con- the group to which they belong, the Every victim is entitled to the same cerns to the contrary, this bill will not distinction that is made because they fair treatment under the law. subject anyone to prosecution of what are in that group is applied because of This will have a chilling effect on they think, say or preach. that membership. It clarifies the condi- citizens’ willingness to speak freely, as Mr. Speaker, I am supporting this tions under which such crimes would citizens will adapt to a new world bill because hate crimes are an assault be federally investigated and pros- where the Federal Government can use on a person’s dignity and humanity. ecuted. any unpopular statements they make They represent a type of behavior that I have spoken to why this legislation against them in the future. has no place in our dignified society, is necessary, because hate crimes moti- The bill raises the real possibility and it is our responsibility to enable vated by race, religion, national origin, that religious leaders or members of re- prosecution of these heinous crimes to gender, sexual orientation and identify ligious groups could be criminally the fullest extent of the law. or disability not only injure individual prosecuted based on their speech or Mr. SMITH of Texas. Mr. Speaker, I victims, as I have said, but also ter- protected activities. No one should be yield 3 minutes to the gentleman from rorize entire segments of our popu- put in fear that their constitutionally Virginia (Mr. FORBES), a member of the lation and tear at our Nation’s social protected free speech about controver- Judiciary Committee and a former fabric. sial issues will be subject to efforts by ranking member of the Crime Sub- That is why this legislation, in my prosecutors attempting to link that committee. view, is so fundamental to what Amer- speech to violent action taken by oth- Mr. FORBES. Mr. Speaker, I’m not ica is and means to our own citizens ers. going to pound the podium or yell and and to people around the world. This There is no evidence that States are scream about this legislation, but I’d legislation does not affect, does not af- not fully prosecuting violent crimes in- just say to the Speaker that sometimes fect, does not affect free speech. It is volving hate. In fact, 45 States and the all the spin that we hear in here about actions, not speech, that is the object District of Columbia already have spe- a particular piece of legislation during of this legislation. cific laws punishing hate crimes. debate, or sometimes our getting down I abhor acts of violence against any into the specifics of the semantics of b 1445 citizen, including crimes motivated by the legislation or arguing about what It only seeks to punish violent acts. bias against certain groups, and I be- the courts say it will or will not do, Enacting these important additions to lieve that such crimes should be pun- causes us to do what the average cit- current law will send a very powerful ished to the fullest extent of the law. izen at home does not do, and that is to message. Crimes committed against However, this legislation gives special any American, simply because of who preferences to certain classes of citi- miss the common sense and the he or she is, are a threat to all Ameri- zens and would create a chilling effect rightness of a piece of legislation. The distinguished majority leader cans and will be dealt with as such. on one of our most cherished constitu- came to the floor a while ago and stat- I urge my colleagues to support this tional rights. legislation because it embodies the es- I urge my colleagues to reject this ed two principles: that all people ought sential American values of tolerance, legislation. to be treated equally, and if America equality and justice. Mr. KIRK. I would now like to yield stands for anything, it stands for I congratulate the chairman for his 3 minutes to the gentleman from Lou- equality under the law. And that’s leadership. I thank the ranking mem- isiana (Mr. CAO). what this legislation does not do. ber, notwithstanding his disagreement Mr. CAO. Mr. Speaker, I rise today in Mr. Speaker, just a short time ago on this issue, for facilitating this bill support of H.R. 1913, the Local Law En- there was a pageant in the United coming to the floor. forcement Hate Crimes Act. States, the Miss USA pageant. One of Mr. SMITH of Texas. Mr. Speaker, I The sharp increase in crimes in Orle- the contestants, Ms. California, went yield 3 minutes to the gentleman from ans and Jefferson Parishes since Hurri- up there, and she was asked a question Virginia (Mr. GOODLATTE), who is the cane Katrina is on the minds of my by one of the judges, who is an openly vice ranking member of the Judiciary constituents in every corner of our dis- gay judge, about her beliefs in mar- Committee. trict. Because of this serious matter, I riage. And she stated what her beliefs Mr. GOODLATTE. Mr. Speaker, we am focused on giving our law enforce- were. That judge lambasted her over all agree that every violent crime is ment officials the tools they need to and over again in blogs, calling her the deplorable, despicable, regardless of its fight crime and return safety to our most vile names, spewing out hostility motivation and regardless of who the streets. and hate, and even made the statement victim is. However, this bill, no matter All violent criminals must be fully that if she had won, he would have how well-intended, undermines basic prosecuted. Crimes committed against stormed on the stage and snatched the principles of our criminal justice sys- individuals based upon their actual or tiara off her head. And other bloggers tem and raises significant constitu- perceived race, color, religion, national who had his same orientation and, tional and federalism concerns. origin, gender, sexual orientation, gen- therefore, were driven to the same ha- Under the provisions of H.R. 1913, jus- der identity or disability are particu- tred of this young girl, had similar tice will no longer be equal but will de- larly insidious. things in their blogs. pend on the race, sex, sexual orienta- This is a Nation of acceptance, where Had he done that, had he done what tion, disability or other protected sta- every individual is protected by the he said he would do and stormed that tus of the victim. In my view, all vic- Constitution. This promise enables stage and pulled that tiara off her head tims should have equal worth in the them to pursue their dreams free of and had bodily harmed when he did it, eyes of the law. persecution and attack. I, as a minor- there would not have been 1 ounce of Why should other groups like senior ity, am acutely aware of freedoms and protection under this piece of legisla- citizens, veterans, children and preg- protections offered by the laws of this tion for that young girl. nant women not also receive the added land and what is expected of my fellow But after he did it, if she had, in re- protections under this bill? citizens. sponse, made a statement back about

VerDate Nov 24 2008 00:41 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.052 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4945 the very sexual orientation that had ally protected rights such as voting, This will not bring down injustice on led him to his hatred and dislike for working, attending school and the like, a person of faith who chooses to go into her, and if she had responded by slap- commits a Federal crime. And that’s their pulpit or stand on a street corner ping him or any physical injury, she been the law for many years. We treat and say that the wrath of the person would have had the potential of a 10- an act of violence more seriously if the they believe in will come down on year Federal piece of legislation com- intent is to deny someone his or her those who practice lifestyles that they ing against her. civil rights. don’t agree with, or a certain race or If her father, sitting in the audience, The only question this bill presents religion. They will go even further by had gone on that stage to stop this to Members is whether we believe peo- saying the sword of justice, the sword kind of hatred and orientation that ple assaulted violently because of their of the Lord will come down and slay drove him to have this feeling against identity deserve Federal protection. you. that young girl and he had made a For many years Congress refused to That is not what this bill is about, statement and he had responded with adopt antilynching laws. Those were but it is about individuals who would any kind of physical action, he could not proud times in our Nation’s his- attack a person of color—in this in- have had a 10-year Federal piece of leg- tory. We now have the opportunity to stance, an African American male—in islation that would have come against do the right thing. I hope we do. the dark of night, tie him to a pickup him. Mr. SMITH of Texas. Mr. Speaker, I truck, and drag his human, alive body And, Mr. Speaker, I know you have yield 1 minute to the gentleman from through the streets of Jasper, Texas. the votes for this legislation. I know California (Mr. MCCLINTOCK). When they were finished, he was dis- you have the resources to drive the Mr. MCCLINTOCK. Mr. Speaker, it membered, his arms and legs and head message and you have the media to do comes down to this: Free societies pun- were left along the bloody road. It was it, but the weight of all that combined ish acts. Authoritarian regimes punish this heinous crime that led a State like can’t do one solitary thing, and that is opinions and thoughts. Texas to pass its own hate crimes bill. Now, the supporters of this bill speak make this piece of legislation right, But yet, hate crimes have gone on of punishing violent acts, but we al- and that’s why I’ll vote against it. since that time, and State legislatures ready punish those violent acts, as well Mr. CONYERS. I yield 2 minutes to have noted, why haven’t these cases we should. This measure calls for addi- the chairman of the Constitution Com- been tried in this State? mittee on the Judiciary Committee, tional punishment, not for the violent This bill will help those instances. JERRY NADLER of New York. act, but for the opinion behind the act. Mr. SMITH of Texas. Mr. Speaker, I Before we embarked down this path, Mr. NADLER of New York. Mr. yield 3 minutes to the gentleman from the opinions of the criminal were irrel- Speaker, this House faces a historic Texas (Mr. POE), a former judge and evant. It was the act that we pro- test. Will we act decisively to deal with now the deputy ranking member of the scribed, and it was the act that we pun- some of the most destructive crimes in Crime Subcommittee. our society, violent assaults against ished. Many civil libertarians warned Mr. POE of Texas. I thank the gen- victims who are singled out solely be- us then that if we place in the hands of tleman for yielding. cause someone doesn’t like who they government the ability to define what Mr. Speaker, in a courthouse in are? opinions it likes and doesn’t like, and Houston, Texas, where I worked 8 years Whether committed because of the then to punish those opinions on top of as a prosecutor and 22 as a judge, there actual or perceived race, color, reli- the acts themselves, then we’ve started is a statement that says, ‘‘Equal jus- gion, national origin, sexual orienta- down a very dangerous and slippery tice for all.’’ I guess now we need to tion, gender, gender identity or dis- slope. change that, but to the phrase, ‘‘but That opinion, I think, was clearly il- ability of the victim, these violent acts more justice for some.’’ lustrated when the committee voted are particularly reprehensible because This bill makes some victims more down an amendment to include vet- they target not just an individual but important than other victims. If some- erans, for example, under these protec- an entire group. These crimes do, and one is in a legislated protected class— tions under the hate crimes law. Now, are often intended to, spread terror as this bill does—and a crime is com- the supporters of this measure made it among all members of the group. mitted against them, the defendant is very clear that they’re actively in- They’re intended to say to members of treated harsher than if the crime is volved in singling out particular opin- a group, don’t be who you are. Don’t go committed against a victim in a non- ions with special protection and for where you’re not wanted. Do not exer- protected class. This legislation dis- special prosecution. cise your civil rights to be yourself, to criminates against victims that are not Mr. CONYERS. I am pleased now to speak publicly, to go wherever you special people. It reminds me of the recognize a senior member of the House want. satire in the book ‘‘Animal Farm’’ Judiciary Committee, the gentlelady This bill enables the Federal Govern- where it says, ‘‘all animals are equal, from Texas, SHEILA JACKSON-LEE, for 2 ment to intervene, so as to punish such but some animals are more equal than minutes. crimes and protect the rights of indi- (Ms. JACKSON-LEE of Texas asked others.’’ Likewise, this bill makes viduals and of groups unpopular in and was given permission to revise and some victims of crime more equal than some quarters. extend her remarks.) others. In my opinion, that denies non- Do not believe the scare tactics. This Ms. JACKSON-LEE of Texas. Mr. special victims equal protection under bill does not criminalize thoughts or Chairman, let me thank you for your the law, according to the 14th Amend- speech. No one will be prosecuted be- leadership and your persistence, and I ment of the Constitution. cause of what they say or think. No thank my good friends for this vig- The question is, is it fair to treat preacher need worry about a sermon. orous debate. some victims of crime better under our Only crimes of violence are punishable I almost don’t know where to start. law than other people who are not spe- under this bill. But again, I would like to emphasize to cial? This bill makes classes of victims; The law routinely looks to the moti- my friends and colleagues what this first-class victims and second-class vic- vation behind a criminal act and treats legislation is about. It is about the as- tims. the more heinous of them differently. sistance and the ability to help States No question about it, Mr. Speaker, Manslaughter is different from pre- in their prosecution of heinous hate motive for a crime has always been ad- meditated murder, which is different crimes. And, as a very championed cit- missible in a court of law. In my expe- from a contract killing. We punish izen of the State of Texas, I hesitate to rience at the courthouse, courts and ju- crimes differently if they are terrorist make ourselves a poster child. ries nail offenders to the wall that acts, defined as violent crimes that commit crimes based upon racial ha- ‘‘appear to be intended to intimidate or b 1500 tred. Perfect example is the example coerce the civilian population.’’ But having lived through the heinous that my friend, SHEILA JACKSON-LEE, Existing civil rights laws take a crime of the dismemberment of James just referred to in the Jasper killing. similar approach. A person who uses Byrd, I cannot help relating this legis- Without a hate law in Texas, the indi- force to interfere with someone’s feder- lation to what is real. viduals that committed that crime

VerDate Nov 24 2008 00:41 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.054 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4946 CONGRESSIONAL RECORD — HOUSE April 29, 2009 against that individual, Mr. Byrd, two Let’s announce here and now that we serve more protection under the Fed- of them got the death penalty—and un- will not tolerate this kind of terror in eral law than pregnant mothers. like some States, we execute folks in America. Let’s vow that we will not No violent crime should be condoned, Texas—they have been executed, and turn a blind eye to hatred and violence and no one on either side of this issue the other person got a life sentence. No in America. And let us pledge to give believes it should. But selectively pro- question about it, motive is admissible police and prosecutors all the resources tecting some while punishing others in all crimes in all courtrooms. How- they need to stamp out this scourge. more severely based on their thoughts ever, this legislation is not the answer. Mr. Speaker, Matthew Shepard and and beliefs is unequal, unjust, and un- It will chill free speech, while making Ryan Skipper may be gone, but we can American. some victims less important than oth- honor their lives today. I urge my col- I urge my colleagues to vote against ers. leagues to support this important leg- this affront to the Constitution and to American law has always punished islation. our Nation’s heritage and traditions of the act. This law changes that to pun- Mr. SMITH of Texas. Mr. Speaker, I freedom to think and believe according ish the thought process of individuals yield 3 minutes to the gentleman from to the dictates of our own conscience. Mr. CONYERS. Mr. Speaker, I am and does make some people more spe- Utah (Mr. CHAFFETZ), who is a member pleased to yield 2 minutes to Steve cial than others when it comes to being of the Judiciary Committee and the Cohen, a State legislator and lawyer victims of crime, and that ought not to deputy ranking member of the Court Subcommittee. for more than 24 years. be. Mr. COHEN. Thank you, Chairman Mr. CONYERS. Mr. Speaker, I would Mr. CHAFFETZ. Our Founding Fa- CONYERS. I appreciate the opportunity thers asserted the self-evident truth like now to yield 2 minutes to a senior to speak on this bill of which I am a that all men are created equal. For the member of the Judiciary Committee, sponsor. who is also a chairperson of another last two centuries, Americans of all The gentleman who just spoke, who I subcommittee, DEBBIE WASSERMAN backgrounds have worked toward the respect, talked about the Founding Fa- SCHULTZ. ideal of ‘‘equal justice for all,’’ but the thers and what has happened to our Ms. WASSERMAN SCHULTZ. Mr. majority’s Local Law Enforcement country. Well, it is a great country and Speaker, I rise in support of this im- Hate Crimes Prevention Act doesn’t I love our country, and it was a great portant legislation. eliminate inequalities in our justice country when it was founded. But when Mr. Speaker, I wonder if our friends system; instead, it creates inequalities. it was founded, women didn’t have the on the other side of the aisle would be It gives special protected status to a right to vote and African Americans singing the same offensive tune if we small group of individuals based on weren’t citizens. were talking about hate crimes based their lifestyle choices. It increases It takes time to perfect your law and on race or religion. It seems to me that criminal penalties not based on the to become a more perfect Union, and it is the category of individual that criminal act itself, but based on the that is what this law is doing. It is tak- they are offended by rather than the thoughts and beliefs of the person who ing an effort to perfect and make bet- fact that we have hate crimes laws at committed the act. It requires the gov- ter our laws to reflect the society we all. ernment to investigate and scrutinize have today and the thinking and the We have already heard the powerful the religious groups and other organi- mindset that we have and the under- story of Matthew Shepard. His mother, zations with which we might freely as- standing of what happens in law. Judy, addressed our caucus this week. sociate under the First Amendment. If we go all the way back to always As the Speaker noted, we are all in- For these reasons, and a number of the Founding Fathers, we would have spired by Judy Shepard’s 10-year quest others, I believe this bill is unconstitu- slaves, we would have second-class citi- to turn her pain and tears into change tional and must be rejected. zens—which are women—and we because these cases are tragic and real. In the United States of America, we wouldn’t have any rights for anybody Ryan Skipper was a 25-year-old gay can all agree that any violent crime that wasn’t a white male who owned man from Polk County, Florida. Like should be deplored. We all should be property. Matthew, Ryan’s body was found mur- equally free from violence, regardless Times have changed, and thank God dered and dumped along the side of the of our background or beliefs. We all they are changing today, Mr. Speaker. road about 2 years ago. Ryan’s body should expect our government officials The fact is, this has no effect on any- had been stabbed 20 times and his to provide equal protection under the body that speaks about hate crimes. It throat was slit. His car was found aban- law. But this hate crimes bill says doesn’t affect any minister that speaks doned nearby and contained the finger- some Americans are more equal than from the pulpit. We have had hate prints of his two killers. One of his others and deserve special treatment. crimes in this country in State legisla- killers told the police his conduct was And religious leaders and others who tures, and Federal law as well, for dec- justified to rebuff unwanted sexual ad- hold traditional values of morality and ades, and no preacher or person using the spoken Word has ever been pros- vances. Because there was no hate decency should be careful not to speak ecuted or charged with a crime, and crime law with which to charge Ryan’s too vocally about their beliefs or risk never would. killer in Florida, only one of Ryan’s being held accountable for the actions This law goes further than any law attackers has been convicted, and that of those who might overhear and then ever because it specifically says that was of a lesser charge. later commit a violent crime. no First Amendment rights or rights Why do we need a hate crimes law? During our Judiciary Committee guaranteed through freedom of speech Because hate crimes do more than markup of this bill, when it became will be abridged or, because of the exer- threaten the safety and well-being of clear that the Democrats planned to cise thereof, have any charge brought individuals. Hate crimes do more than report it despite these objections, my against a person who exercises those inflict incalculable pain and suffering Republican colleagues sponsored rights. Never before has that been in a on individual victims. Hate crimes tar- amendment after amendment seeking law that we have had here. get groups and terrorize communities. equal treatment under this bill for sen- So more rights are given to people, Left unpunished, hate crimes send pow- ior citizens, men and women of the even though it is unnecessary to give erful messages of intolerance. Hate Armed Services, pregnant women, and them because there is no problem, it is crimes leave both the victim and oth- unborn children. All were rejected by basically simply to guarantee and as- ers in their group feeling isolated, vul- the Democrats. sure people, to calm their concerns. nerable, and unprotected. It is unbelievable to me that the People talk about people not being I am proud to cosponsor this legisla- sponsors of this bill think those who able to preach against people being tion again this Congress. I want to have chosen a different personal life- gay. The fact is they can do it, and the commend my colleague, Judiciary style should enjoy greater protection fact is the Ten Commandments tell you Chairman JOHN CONYERS, and my com- under the Federal law than those who not to bear false witness. And people mittee colleague, Tammy Baldwin, for have chosen a lifestyle of service to our who submit that preachers could be ar- their leadership in bringing this issue country—as our men and women in the rested for preaching against homosex- forward again this year. military have done—or that they de- uality, which they do today, that they

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A robber might were two victims of hate crimes in my tion, Mr. Speaker, for a point of order. well steal from women or the disabled. district. I have a duty to their memo- The SPEAKER pro tempore. The gen- Why? Because they perceive them to be ries that I take seriously. tleman will state his point of order. weaker and more vulnerable. Mr. SMITH of Texas. Mr. Speaker, I Mr. GOHMERT. The gentleman said Moreover, they say, The objective yield 2 minutes to the gentleman from that there was a commandment meaning of the language and consider- Missouri (Mr. AKIN). against bearing false witness, as if that able legal scholarship would certainly Mr. AKIN. Mr. Speaker, there are is what one does when they say some- include these being covered. So all of two very good reasons to vote ‘‘no’’ on one can be prosecuted, and I would ask these things would now become Federal this bill. This bill is called the hate for a ruling from the Chair on whether crimes. crimes bill. that violates the rule of this body. The first major reason to vote ‘‘no’’ 1515 The SPEAKER pro tempore. The gen- b is that this bill increases hatred in tleman has not stated a point of order. There is no epidemic. There are fewer America. I will say it again. This bill Mr. SMITH of Texas. Mr. Speaker, I numbers now than 10 years ago. There increases hatred in America. How does yield 3 minutes to the gentleman from is no nexus. Ryan Skipper and Mat- that happen? It can be easily illus- Texas (Mr. GOHMERT), former judge, thew Shepard’s cases keep being trated. Let’s say that you’re a parent and now the ranking member of the brought up. For the defendants in and that you have a number of children Crime Subcommittee. those cases, I would have been happy to but that you don’t give the children Mr. GOHMERT. Well, unlike my have signed an order for death. They equal laws. Some you favor and some friend from Tennessee, I am not going got life. It would not affect them. you don’t. What quicker formula to to allege that anyone on the other side The SPEAKER pro tempore. The create animosity between children? of this issue is trying to bear false wit- time of the gentleman has expired. This law violates the most basic prin- ness. Mr. SMITH of Texas. I yield the gen- ciple of law. Lady Justice is always I believe the motivation is good, but tleman an additional minute. supposed to have a blindfold across her we even heard the majority leader say Mr. GOHMERT. This law would not face because, regardless of who you are this bill stands for equality under the affect the Matthew Shepard case. It when you appear before Lady Justice— law. I don’t believe he meant to mis- would not affect the Ryan Skipper whether you’re black or white, male or state the truth, but the truth is this case. female, rich or poor, fat or skinny— bill sets out different classifications My friend from Florida brought up Lady Justice does not notice. This bill that are more special than others. the Ryan Skipper case in Florida when violates that basic principle. It creates Someone suggested that perhaps people I was talking in Judiciary and was ask- animosity by elevating one group over would be happy if we just said, I’ll tell ing: Is there a case you can give me another group; thus, it creates hatred. you what. If you assault a white male, where this would make a difference? This is counter to everything American then you just get half the sentence of That case was brought up. We did the law has ever stood for, and it will in- assaulting someone else. research after the hearing. Well, guess crease hatred in America. For that rea- We want equal justice under the law; what? Two defendants. One has already son alone, there should be a vote of that’s what we are supposed to have. I got life plus extra years on top of life. ‘‘no.’’ have a letter here from the National The other is about to go to trial. They A second good reason to vote ‘‘no’’ on Black Church Initiative that was sent didn’t need a hate crimes law, a Fed- this bill is that our courts have a large to Senator LEAHY 2 years ago. It is eral hate crimes law. backlog of various cases. Our judges signed by one, two, three, four, five, This divides America. We don’t need and juries have to take a look at a cer- six, seven—well, I can’t count them all. to divide America. Everybody deserves tain set of facts and must determine There are four pages of names. But the equal justice. The gangs who pick their whether or not somebody did or did not first is Anthony Evans, President of victims based on violence against ran- do something that is specifically ille- the D.C. Black Church Initiative. But dom targets get acquitted under this gal in the law. This law says that now it says things including, ‘‘The National bill. They get acquitted for acting ran- we’re going to try and turn them all Black Church Initiative is a coalition domly. into psychologists and have them fig- of 16,000 churches.’’ ‘‘We have 18,000 sis- We’ve got to vote ‘‘no’’ on this. ure out whether the criminals had good ter churches.’’ They are located in vir- Mr. CONYERS. I am pleased to yield attitudes or not when they did the tually every congressional district in now 1 minute to the gentlewoman from crimes. That does not make sense to America. ‘‘If the U.S. Senate passes Colorado (Ms. MARKEY). waste precious judicial resources in this bill and thus codifies sexual ori- Ms. MARKEY of Colorado. Mr. trying to make everybody psycholo- entation as a protected legal class, it Speaker, Matthew Shepard died in a gists to determine whether or not some will open up a constitutional war be- hospital less than 5 minutes from my specially protected class gets a special tween the church and the radical gay home in Fort Collins, Colorado. The privilege. community. We know the gay commu- depth of hate that drives such an act of It’s a good reason, and there are nity plans to use this piece of legisla- violence leaves all of those it touches many good reasons to vote ‘‘no.’’ tion to try to legally force the church bereft in the knowledge that such ugli- Mr. CONYERS. Mr. Speaker, I am to recognize their abominable life- ness can exist on this Earth. pleased now to recognize for 1 minute style’’—some very strong statements Angie Zapata was an 18-year-old the gentlewoman from California (Ms. there. transgender woman who was brutally WOOLSEY), who has been the cochair of I have just received a letter dated murdered in Greeley, Colorado this the Progressive Caucus for many years. April 29 from the United States Com- past July. It took a jury just 2 hours to Ms. WOOLSEY. Mr. Speaker, the bill mission on Civil Rights. ‘‘We write convict Angie’s killer under Colorado’s before us today, the Local Law En- today to urge you to vote against the first application of the hate crimes forcement Hate Crimes Prevention Act, proposed Local Law Enforcement Hate statute earlier this month. is about protecting every member of Crimes Prevention Act.’’ They said, This bill does not punish speech, our community from violence. ‘‘We believe the bill will do little good thoughts, words or beliefs. It does not We understand that hate crimes and a great deal of harm.’’ They say even punish hate speech. It punishes don’t just affect the victims of these some suggest it will only apply to hate actions. It provides State and local au- horrible acts but that they also threat- crimes. But they point out, It is suffi- thorities with Federal assistance in in- en and affect the fundamental rights of

VerDate Nov 24 2008 00:41 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.059 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4948 CONGRESSIONAL RECORD — HOUSE April 29, 2009 every single one of us. Intolerance and Mr. SMITH of Texas. Mr. Speaker, I its Federal jurisdiction over hate prejudice are still a part of our world, yield 2 minutes to the gentleman from crimes to incidents directed against in- but when the bigotry leads to violence, Ohio (Mr. JORDAN), who is a member of dividuals only on the basis of race, reli- this Congress has a responsibility to the Judiciary Committee and who is gion, color or national origin and only stand up and say, ‘‘No more.’’ also deputy ranking member of the Ad- when the victim is targeted because he With this bill, we will extend and ex- ministrative Law Subcommittee. or she is engaged in a federally pro- pand on the protections for victims of Mr. JORDAN of Ohio. I thank the tected activity, such as voting. Fur- hate crimes, for victims of crimes gentleman for yielding. ther, the statutes do not permit Fed- based on gender, sexual orientation, Mr. Speaker, I appreciate the oppor- eral involvement in a range of cases gender identity, and on disability. All tunity to speak in opposition to H.R. where crimes are motivated by bias children and their families must have 1913, which unfortunately is being de- against the victim’s perceived sexual the freedom to celebrate who they are, bated under a closed rule today. orientation, gender, gender identity or and they should be protected under This bill represents an unconstitu- disability. Federal law from personal attacks tional, unprecedented departure from a We need to change the law so that based on bigotry. deeply rooted American principle of the Federal Government will have the The time has come for Congress to equal justice under the law. Justice authority to be involved in inves- pass this bill in order to send a clear should be blind. It should be equal for tigating and in prosecuting these cases message throughout the world that vi- all Americans. All violent crime is de- when the State authorities cannot or olence and hate are not acceptable. I plorable, and it should be punished to will not do so. urge my colleagues to join me in pass- the fullest extent. Crimes that are not Mr. Speaker, the bill is narrowly ing this legislation. aimed at a certain class of people are drawn. It only applies to bias-moti- Mr. KIRK. Mr. Speaker, I yield 2 min- just as reprehensible as those com- vated, violent crime, and it has specific utes to the gentleman from Delaware mitted for other reasons; but this bill protections to ensure that it does not (Mr. CASTLE). would treat senseless, random violence impinge on public speech, religious ex- Mr. CASTLE. I thank the gentleman less harshly than ‘‘hate’’ crimes. pression or on writing in any way. In for yielding. Justice will depend on whether a vic- fact, the only way that expressions Mr. Speaker, today, I rise in support tim is a member of a category deemed could involve the defendant in this of the Local Law Enforcement Hate worthy of protection under this bill—a crime is if the language were such that Crimes Prevention Act, H.R. 1913. list, for the record, that does not in- it would already qualify as something This legislation will provide needed clude the unborn, pregnant women, the like inciting a riot or other violent assistance to State and local law en- elderly, and others who are among so- crimes. forcement agencies, and it will make ciety’s most vulnerable. Mr. Speaker, law enforcement au- changes to Federal law to facilitate the In fact, during committee markup, I thorities and civic leaders have learned investigation and prosecution of vio- offered an amendment to add the un- that a failure to address the problem of lent, biased-motivated crimes against born to this list. The amendment was bias crime can cause a seemingly iso- people for no other reason than their ruled nongermane on the outrageous lated incident to fester into widespread perceived or actual race, religion, nat- grounds that the unborn are not ‘‘per- tension that can cause damage to the ural origin, sexual orientation, gender, sons.’’ So much for defending our most social fabric of a community. gender identity or disability. defenseless. We must work together to protect all In addition, this bill raises the very This problem cuts across party lines, Americans from hate-motivated vio- real possibility that religious teachers and so I hope we will pass the bill on a lence, which is alarmingly prevalent of every faith could be prosecuted on bipartisan basis just as we did last and so often goes unreported. Such what they say in the pulpit, on what year. crimes of hate have dramatic impacts they preach, by permitting legal action Washington, DC, April 27, 2009. on individuals, families and commu- against anyone who willfully causes an HOUSE OF REPRESENTATIVES, nities, and they must be subject to act to be done by another person. It is Washington, DC. comprehensive Federal law enforce- not hard to imagine charges being filed DEAR MEMBER OF CONGRESS: On behalf of thousands of clergy members, pastors, and ment assistance and prosecution. While against a pastor if a prosecutor be- African American community leaders within State and local governments will main- lieves that the pastor’s message caused our African American Ministers In Action tain principal responsibility, an ex- someone to commit an act of violence. (AAMIA) network of People For The Amer- panded Federal role will help ensure Subjecting pastors’ sermons to pros- ican Way, I urge you to support the Local the investigation and prosecution of se- ecutorial scrutiny in this way would Law Enforcement Hate Crimes Prevention rious forms of hate crimes in cases have a chilling effect on the rights of Act of 2009 (LLEHCPA)—H.R. 1913. when local authorities are either un- all individuals to freely practice their As people of color, we are well aware of the able or are unwilling to do so. religion. hideous nature of race-based violence, and Concerns have been raised that the This so-called ‘‘hate crimes bill’’ not understand the importance of legislation measure will impinge free speech. I that protects Americans who are victims of only discards the fundamental Amer- hate crimes. We also are not blind to the fact would like to reiterate that H.R. 1913 ican legal principle of equal justice; it that violent hate crimes are motivated not applies only to biased-motivated, vio- also lays the groundwork to crim- just by racism. Knowing this, as clergy mem- lent crimes, violent actions that result inalize individuals and groups that bers and pastors who affirm the humanity of in death or bodily injury. It does not might not share certain values. Crimes every person, we fully understand and em- restrict speech in any way. In fact, the committed against one citizen should brace the call to advocate for an inclusive bill explicitly states, ‘‘Nothing in this not be punished any more or any less federal law that will extend protection to act or the amendments made by this than crimes committed against an- victims of hate crimes based on disability, act shall be construed to prohibit any sexual orientation, gender, or gender iden- other. tity. H.R. 1913 is the bill that will make expressive conduct protected from I would urge a ‘‘no’’ vote on this bill. equal protection under the law for victims of legal prohibition by, or any activities Mr. CONYERS. Mr. Speaker, I rise to hate crimes a reality and not just an Amer- protected by the free speech or free ex- give 2 minutes to the Crime Sub- ican dream. ercise clause of, the First Amendment committee chairman for many years, Unfortunately, propaganda and lies have to the Constitution.’’ BOBBY SCOTT of Virginia. prevented the protections that H.R. 1913 pro- H.R. 1913 is supported by virtually Mr. SCOTT of Virginia. I thank the poses from becoming law. One such falsehood every major law enforcement organiza- gentleman for yielding. is that this bill will eliminate churches’ first tion in the country as well as by civil Mr. Speaker, bias crimes are disturb- amendment rights; that this legislation will rights, education, religious, and civic ingly prevalent and pose a significant ‘‘muzzle our pulpits’’ or dictate what we as clergy or religious communities can or can- organizations. I urge my colleagues to threat to the full participation of all not say. This is not true. In fact, H.R. 1913 join me in supporting the Local Law Americans in our democratic society. protects freedom of speech and freedom of Enforcement Hate Crimes Prevention Despite the deep impact of hate vio- religion. It only punishes violent acts like Act today. lence on communities, current law lim- assault and murder, not religious beliefs.

VerDate Nov 24 2008 01:47 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.062 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4949 The law makes clear that it cannot be used Christianity’’ by restricting what pastors tion.’’ This statement is as true today to prohibit any ‘‘expressive conduct’’ or ‘‘ac- and other religious leaders are able to as when Franklin Roosevelt spoke it tivities protected by the Constitution.’’ preach. Pastors will be arrested for preach- nearly 70 years ago. The AAMIA is passionate about protecting ing against homosexuality. I urge my colleagues to support this the civil rights of all Americans, especially FACT: H.R. 1913 protects freedom of speech those that protect people who are discrimi- and freedom of religion. It only punishes vio- important legislation, and I look for- nated against because of who they are. Vic- lent acts like assault and murder, not reli- ward to its passage and, I hope, to its tims of violent hate crimes often come to gious beliefs. The law makes clear that it signature into law this year. our churches in search of a safe haven from cannot be used to prohibit any ‘‘expressive Mr. SMITH of Texas. Mr. Speaker, I enduring assaults, and they are in need of conduct’’ or ‘‘activities protected by the free yield 2 minutes to the gentleman from federal protections. Thus from our houses of speech or free exercise clauses of the First Pennsylvania (Mr. PITTS), who is also worship to your house of policy, we trust Amendment.’’ that we can count on your support for the the chairman of the Values Action MYTH: Hate crimes legislation will lead to Team. protection of American citizens from violent prosecution for ‘‘thought crimes.’’ hate crimes. Please vote in favor of H.R. FACT: This legislation does not restrict Mr. PITTS. I thank the chairman. 1913. anybody’s First Amendment rights. The law Mr. Speaker, I rise in opposition to Sincerely, doesn’t create something called a ‘‘thought’’ H.R. 1913, the hate crimes legislation. TIMOTHY MCDONALD, crime for a particular group of people. H.R. This bill would be more appropriately Founder and Chair, 1913 strengthens law enforcement’s ability to termed the ‘‘thought crimes act,’’ as it African American Ministers In Action. fight violent crime—not vigorous debate, not seeks to criminalize certain types of sermons against homosexuality, not hateful HATE CRIMES FACT SHEET thoughts. Our legal structure was es- speech, not the spreading of misinformation tablished to punish actions, not The African American Ministers in Action that thrives on constitutionally protected has joined those urging Congress to expand right-wing television, radio, and blogosphere, thoughts or beliefs, and this bill would the current federal law to protect victims of not even the infamous ‘‘God hates fags’’ pro- set a dangerous precedent. hate crimes based on disability, sexual ori- testers. entation, gender, or gender identity. As be- b 1530 MYTH: Hate crimes legislation gives ‘‘spe- lievers who are called to love our neighbors cial rights’’ to some people. It will threaten our most basic right as ourselves, we do not support VIOLENCE FACT: Freedom from violence isn’t a ‘‘spe- to free speech established under the against any human being. cial right.’’ It’s a human right. No one First Amendment. Religious groups ABOUT THE LOCAL LAW ENFORCEMENT HATE should be assaulted or killed because of who who hold certain convictions based on CRIMES PREVENTION ACT OF 2009 he or she is. their faith could, in fact, be targeted We support The Local Law Enforcement H.R. 1913 punishes only violent crimes and by this law. In Sweden, a pastor was Hate Crimes Prevention Act of 2009 (H.R. the hateful motivation directly related to 1913) because it does in fact protect individ- such crimes. Distinctions like this are com- convicted by a trial court and sen- uals against the incidence of VIOLENCE mo- mon place in our criminal justice system. tenced to jail time for a hate crime tivated by the actual or perceived race, For example, the intent of a suspected killer after preaching a sermon that dis- color, religion, national origin, gender, sex- determines the difference between a first and cussed biblical views of homosexuality. ual orientation, gender identity, or dis- second-degree murder charge. And in New York, the State hate ability of the victim. The legislation also provides strong first amendment protections WHAT CAN YOU DO TO HELP END VIOLENT HATE crimes laws were used to justify taking ensuring that the religious liberty and free CRIMES? down billboards on sexual immorality speech rights of pastors, such as ourselves, Contact your Representative and Senators that a local pastor had paid to post. and others are protected. and tell them that you want all Americans, This legislation seeks to create cat- H.R. 1913 is crucial to protecting the rights regardless of their race, religion, national egories of citizens who are either more of all Americans. This can be accomplished origin, age, disability, sexual orientation, or less protected under the law depend- by strengthening law enforcement and clos- gender, or gender identity, to enjoy freedom ing on what category they fall into. ing loopholes in the current law, and is over- from violence. Urge them to support hate whelmingly supported by the civil rights crimes legislation, such as H.R. 1913, so that This framework flies in the face of one community, law enforcement, and many reli- no American is treated as a second-class cit- of the most fundamental principles of gious organizations. As we work to secure izen. Sign up for People For the American our justice system. Chiseled in stone the rights of women and minorities world- Way action alerts, and we will keep you up- across the front of the Supreme Court wide, we must also act to secure the rights of dated on new developments concerning this building are the words ‘‘Equal Justice all Americans here at home. issue. Under Law.’’ This means that all citi- INCIDENCE OF HATE CRIMES Mr. KIRK. Mr. Speaker, I would like zens, regardless of sexual identity or Crimes against people based upon their dis- to yield 2 minutes to the distinguished anything else, are to receive equal pro- ability, sexual orientation, gender, or gender identity are all too common. According to gentleman from New Jersey (Mr. tection from the law. I support this the most recent hate crimes statistics from LANCE). basic principle that has long guided our the FBI (available at http://www.fbi.gov/ucr/ Mr. LANCE. Mr. Speaker, I rise in Nation’s system of justice. hc2007/index.html), there were 9,535 victims support of this bill, which provides But this bill undermines that prin- (defined as persons, businesses, institutions, needed assistance to State and local ciple. It seeks to establish different or society as a whole) of hate crimes in 2007. law enforcement agencies and allows groups of citizens with different levels Of these, 1,512 were victims of hate crimes the Department of Justice to inves- of protection under the law. And the based on sexual orientation, and 84 were vic- tigate crimes committed on the basis tims of hate crimes based on disability. Hate bottom line is that this legislation crimes legislation seeks to extend federal of the victim’s race, color, religion, na- simply isn’t necessary. hate crimes protections to these and other tional origin, gender, sexual orienta- If someone commits a violent crime, (gender and gender identity) groups of peo- tion, gender identity or disability. they should be punished to the full ex- ple. This legislation mirrors laws passed tent of the law regardless of who the RELIGIOUS LIBERTY in 28 States, including in the State of victim is. H.R. 1913 protects free speech and religious New Jersey. We in New Jersey are I urge you to preserve equal justice liberty. The First Amendment of the Con- proud of the legislation we have en- under the law and oppose H.R. 1913. stitution will always protect preaching or acted in this regard. Violence based on Mr. CONYERS. Mr. Speaker, I yield other expressions of religious belief—even prejudice is a matter of national con- 11⁄2 minutes to the distinguished gen- name-calling or expressions of hatred toward a group. This legislation punishes only vio- cern. Federal prosecutors should be tleman from New York, ELIOT ENGEL. lent actions that result in death or bodily in- empowered to help States. Mr. ENGEL. Mr. Speaker, I thank jury. Mr. Speaker, on the wall of the na- the distinguished chairman of the Judi- There is strong language in the legislation tional memorial honoring Franklin ciary Committee, my good friend from that explicitly says that evidence of expres- Roosevelt, the following words are Michigan, for yielding me this time. sion or associations that are not specifically written: ‘‘We must scrupulously guard And as a proud cosponsor of this bill, I related to a violent hate crime may not be the civil rights and civil liberties of all am proud that it’s on the floor today. used as evidence. citizens, whatever their background. This bill is a carefully crafted meas- HATE CRIMES MYTHS OF THE RIGHT We must remember that any oppres- ure that would provide desperately MYTH: Hate crimes legislation is a threat sion, any injustice, any hatred is a needed resources to State and local to religious liberty and will ‘‘criminalize wedge designed to attack our civiliza- governments for the investigation and

VerDate Nov 24 2008 00:41 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.022 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4950 CONGRESSIONAL RECORD — HOUSE April 29, 2009 prosecution of violent crimes based on And so whatever local jurisdiction I oppose this legislation. sexual orientation, gender identity and may determine is a hate crime is cov- Mr. CONYERS. Mr. Speaker, would disability. It is a bill long, long due to ered under this bill. It might be a city, you advise us with regard to how much add sexual orientation and the others, a county, a municipality; it might be a time remains on both sides? including gender, to the list of hate parish, it might be a State. It might be The SPEAKER pro tempore. The gen- crimes. San Francisco’s ordinance that says, tleman from Michigan has 111⁄2 min- To my friends on the other side of Thou shalt not discriminate against utes. The gentleman from Texas has 81⁄2 the aisle who say that we are creating the short, the fat, the tall, or the skin- minutes. The gentleman from Illinois a special class, well, by that logic, ny. That is hate crimes ordinances that has 11⁄2 minutes. right now we have race, color, religion could be prosecuted with Federal as- Mr. CONYERS. Mr. Speaker, I yield and national origin protection. So by sistance under this bill. The short, the for the purpose of a unanimous consent that logic, we should eliminate those fat, the tall, the skinny. That will request to the gentleman from Penn- as well. It’s ridiculous. cover some regular people, I think. sylvania, CHAKA FATTAH. To those who say, ‘‘Why should we And so I would ask this: Why are you (Mr. FATTAH asked and was given protect people who have chosen a dif- dividing us? Why are you pitting Amer- permission to revise and extend his re- ferent personal lifestyle?’’ our gay and icans against Americans? That’s a rhe- marks.) lesbian friends don’t choose this life- torical question, Mr. Speaker. This di- Mr. FATTAH. Mr. Speaker, I rise in style. They are what they are and they vides us and pits Americans against support of the bill. should be protected just like anybody Americans. And the definitions in this Mr. Speaker, I thank the Chairman for the else who has a religion, who has a gen- bill are broad, ambiguous and unde- time and for his work on this legislation. The der obviously, color, religion or na- fined anywhere with any consensus, Local Law Enforcement Hate Crimes Preven- tional origin. even among the professionals that deal tion Act, H.R. 1913, is a long overdue effort to This bill does not violate free speech with this on a daily basis. address the scourge of bias motivated crimes or First Amendment protections. Noth- In the committee, I asked specifi- in communities across the country. This is not ing in this bill would prohibit the law- cally the question, ‘‘What is the defini- simply about criminalizing violent acts, those ful expression of one’s religious beliefs. tion for sexual orientation?’’ The an- are already illegal. This is about recognizing This bill only punishes violent crimes swer that I got back from the gentle- that these crimes affect more than just the in- motivated by bias. Congress is saying lady from Wisconsin was, ‘‘This bill dividual involved, they are meant to instill fear clearly, unequivocally, that the people only covers homosexuality and hetero- in whole communities. of this country reject and condemn all sexuality.’’ Now it presumably ex- Hate crimes in this country have a terrible forms of hate violence. That’s why this cludes bisexuality, but in the rule de- history. For decades African Americans, par- bill is here. bate, the gentleman from Florida (Mr. ticularly those who spoke out for justice and Today, we uphold the principles that HASTINGS) said, ‘‘No, no. Here’s what equality, were brutally lynched in communities are considered the foundation of Amer- we have,’’ and he read through a whole across the country while law enforcement offi- ican democracy that all people are cre- list of philias, he called it. cials and upstanding members of the commu- ated equal and that all people are enti- There are 547 specific paraphilias nity stood by. Murder was illegal then too, but tled to equal protection under the law. that are listed by the American Psy- it took the brave efforts of citizens, including It includes gays and lesbians and in- chological Association. About 30 of Ida B. Wells, for the problem to be addressed. cludes everybody. them have been read into this RECORD. Pass this bill. These murders were meant to send a signal I’ve got a list of these 30 philias. to newly freed men and women and often tar- Mr. SMITH of Texas. Mr. Speaker, I Among them pedophilia—the obsession yield 4 minutes to the gentleman from geted veterans returning from war. with children—which specifically was Our Jewish neighbors have been subjected Iowa (Mr. KING), a member of the Judi- excluded from the bill when I offered ciary Committee and the ranking to campaigns of terror with property destruc- the amendment by the Judiciary Com- tion and symbols of hate sprayed across syna- member of the Immigration Sub- mittee. gogues and community centers. Irish, Italian, committee. So, Mr. Speaker, we’re going down Catholic, Latino, Muslim and Asian Americans Mr. KING of Iowa. I thank the gen- the path here of no one really knows. tleman from Texas for his leadership in Am I going to buy into the statement have all seen ‘‘disagreements’’ and ‘‘dis- opposition to this issue and for yield- made by the very senior member of the pleasure’’ expressed with barbaric crimes ing. Rules Committee who says I want to meant to convey the message that they were The gentleman, the previous speaker, protect all philias whatsoever no mat- unwelcome in this nation of immigrants. just said this bill only punishes violent ter what the proclivity? And many of Opponents have suggested that this legisla- crimes. I take you to the language them are perversions, Mr. Speaker. tion will affect what can and cannot be said in from the bill. Here’s the definition of a We’re going to grant that protected houses of worship. This is false. H.R. 1913 crime of violence. It means an offense status to people who are actually explicitly recognizes the right of individuals to that has, as an element, the threatened breaking the law if they act on their be ignorant, narrow-minded, or malicious use of force against the property of an- particular sexual orientation, or are we whether motivated out of faith, conscience, or other. If one threatens to use force going to limit it to—as the gentlelady generic hatred. This bill will have no effect on against the property of another—this is from Wisconsin says—homosexuality any interpretation of the Bible or religious tra- verbatim from the section that is ref- and heterosexuality, not bisexuality. dition. They say that they worry there will be erenced in the existing code—property I tried to explain this to the press as a ‘‘chilling effect’’ on religious speech. This is crimes are included in this, threats they asked me questions. And finally nonsense. This bill is about criminal acts, against property crimes are included in my answer became, ‘‘If this sounds con- those that are already illegal, and enables law this. Hate crimes, the definition of fusing and gibberish, it is.’’ And it enforcement to carry out responsibilities they hate crimes in the Federal statutes leaves it open to any judge, any law- already have under current law. means a crime when the perpetrator se- yer, anyone for anything that is in The man whose name is now associated lects property because of the property their head or might be their plumbing with this bill, Matthew Shepard, was tortured owner’s actual or perceived sexual ori- or might be in the perception of the and killed because he was gay. This crime entation. perpetrator as well as, and/or, the per- wasn’t about him as an individual, it was about This isn’t just violent crimes. It is in ception of the alleged victim. what he represented. Every day there are some of the Federal segment of it but There is no precedent for this in law, smaller incidences in neighborhoods around not in the assistance that goes to local this broad, broad idea that we’re going the country. Individuals are targeted coming governments. And in local govern- to punish what is in the head of the out of certain bars, wearing certain clothes, or ments it also states in the bill that any perpetrator by dividing what may or walking with too much flair. This is a systemic local jurisdiction’s hate crimes ordi- may not have been in the head of the problem that requires a systemic approach. nance or legislation can be supported victim. That’s where this legislation This bill will go a long way in allowing local by supporting the prosecution of the takes us. law enforcement to do their job and providing local hate crimes legislation that’s Why are they dividing us, Mr. Speak- Federal assistance where it belongs. It is there. er? about time.

VerDate Nov 24 2008 00:41 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\K29AP7.065 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4951 Mr. CONYERS. Mr. Speaker, I now be punished more harshly than people tern of heinous violent crimes com- recognize the distinguished gentleman who kill a police officer, a member of mitted against individuals because of from Texas (Mr. AL GREEN) for 1 the military, a child, or a senior cit- these characteristics. minute. izen. Some opponents of this legislation Mr. AL GREEN of Texas. Mr. Speak- Is a murder motivated by hatred for are disseminating misinformation in er, I rise in support of the Declaration something other than the victim’s order to derail this bill. But make no of Independence. All persons are cre- membership in a particular group any mistake—this legislation we pass today ated equal, endowed by their Creator, less devastating or tragic? All crime has been carefully crafted to protect with certain inalienable rights, among victims should have equal worth in the our First Amendment rights to free them life, liberty and the pursuit of eyes of the law. Ordinarily, criminal speech, expression, and association. happiness. Not some people, not people law does not concern itself with mo- The First Amendment protects these of a particular race, not people who tive, why a person acted, but rather freedoms, but it does not protect vio- just happen to be heterosexual; all per- with intent, whether the perpetrator lence. This is not a hate thought bill. sons are created equal. intended or knew that they would This is not a hate speech bill. This is a And for the record, I support the cause harm. If someone intends to hate crimes bill that will provide need- rights of gay people. Gay people have harm a person, no motive makes them ed Federal resources to local law en- the same rights as any other Ameri- more or less culpable for their conduct. forcement authorities when they con- cans, and they have the right to pursue This legislation will force law en- front violent crimes motivated by prej- happiness. I support this—the Declara- forcement officials and prosecutors to udice and hate. tion of Independence speaks of it—and gather evidence about the offender’s b 1545 but for the grace of God, we all ought thoughts and words regardless of the to realize, There go I. Any one of us criminality of their actions. I want to share with you a few rea- could become the victim of a hate When the government starts to pun- sons why I believe the passage of this crime regardless of your race, your ish thoughts, this is a dangerous road legislation is so urgently necessary. creed, or your color. We should support to travel. And where does it end? With I’m thinking today of Angie Zapata, people and the rights of people. thought police? an 18-year-old transgender woman who For those who say that we are cre- Mr. Speaker, we cannot legislate was brutally murdered in Greeley, Col- ating a separate class of people, we al- away hate, nor should we criminalize a orado, last summer. Angie’s killer beat ready have a class that we’ve distin- person’s thoughts, no matter how much her to death with his fists and a fire ex- guished in the State of Texas for peace we might disagree with them. I urge tinguisher when he learned that she officers. If you assault a police officer, my colleagues to oppose this bill. had been born a male. Thankfully, your punishment is going to be en- I reserve the balance of my time. Angie’s killer was brought to justice hanced. Mr. CONYERS. Mr. Speaker, I ask under a State hate crimes law. But we That is what this is all about: en- unanimous consent that I be permitted know that with staggering frequency, hancement of punishment. to control the remainder of the time those who commit similar acts of vio- Mr. SMITH of Texas. Mr. Speaker, I that I previously yielded to the gen- lence and murder based on hate are would like to reserve my time. not. Mr. CONYERS. Mr. Speaker, I am tleman from Illinois (Mr. KIRK). I think of Lawrence King, a 15-year- pleased now to recognize the distin- The SPEAKER pro tempore. Is there old in Oxnard, California. Larry had guished gentlelady from Maryland, an objection to the request of the gen- tleman from Michigan? suffered harassment from his peers and attorney herself, DONNA EDWARDS, for 1 then was killed by a 14-year-old class- minute. There was no objection. mate because of his sexual orientation Ms. EDWARDS of Maryland. Mr. Mr. CONYERS. Mr. Speaker, I am and gender identity. Speaker, I rise today in strong support now pleased to recognize the gentle- Americans across the country, young of the Matthew Shepard Local Law En- lady from Wisconsin who has served and old alike, must hear Congress forcement Hate Crimes Prevention Act ably on the Committee on the Judici- clearly affirm that hate-based violence of 2009, H.R. 1913. ary for a number of years, TAMMY This really is about civil rights. Now, BALDWIN, for 5 minutes. targeting gays, lesbians, transgender in an ideal world, I wouldn’t be stand- Ms. BALDWIN. I want to thank individuals, women, and people with ing here speaking here before you now Chairman CONYERS for the time and for disabilities will not be tolerated. because we wouldn’t need legislation your diligent work on this measure. It I think today of Matthew Shepard, like this. But this is anything but an has been an honor and a privilege to who was brutally attacked by his ideal world. And sadly, violent hate work closely with you. homophobic assailants and left to die crimes are still an unfortunate reality Today, by passing the Local Law En- on a fence in Wyoming 10 years ago. in our society. Last year there were 150 forcement Hate Crimes Prevention Act, Matthew’s death generated inter- reported hate crimes in my home State the House has a historic opportunity to national outrage by exposing the vio- of Maryland, and local law enforce- reinforce the principles of equal rights lent nature of hate crimes and the hor- ment estimates that the actual num- and equal protection embodied in our rific effect on the targeted community. bers are higher due to reporting dis- Constitution. I think of Judy Shepard, Matthew’s crepancies. Hate crimes are acts of violence mo- mother, who is here with us today, still Now, recent statistics also say there tivated by prejudice and committed courageously advocating for the pas- were more than 9,000 reported hate against individuals that end up victim- sage of this legislation more than 10 crimes. So the time to do something izing entire groups of people. years after losing her son. about this is now. And as a long-time In 1968 in response to horrific hate- The passage of the Local Law En- violence prevention advocate, I believe based violence in our country, cross forcement Hate Crimes Prevention Act we have to do everything in our power burnings, lynchings, fire bombings and will not make all hate crime go away. to eradicate violence in all its forms. the like, we acted to protect people But this bill gives State, local, and By passing this legislation, we’re who were victimized on the basis of Federal law enforcement authorities saying that acts of violence motivated their race, color, religion or national the necessary resources and tools to by hate will simply not be tolerated, origin. Today, we strengthen our re- combat violent crimes based on hate not for any person, not for any reason. sponse to this form of domestic ter- and bias. Mr. Speaker, I thank you and I thank rorism by adding protections for people Mr. Speaker, the arguments have the leadership of the Matthew Shepard targeted for violence because of their been made, the evidence has been prof- family for keeping us on mark about gender, disability, gender identity, or fered, and, sadly, the lives have been what it means to protect people. sexual orientation. lost that more than justify the passage Mr. SMITH of Texas. Mr. Speaker, I We add these characteristics to the of this legislation. I urge my col- yield myself 2 minutes. hate crimes legislation not because leagues to pass this bill. Mr. Speaker, under this legislation, they deserve special protection, but be- Mr. SMITH of Texas. Mr. Speaker, I criminals who kill certain people will cause of a history and pervasive pat- yield the balance of my time to the

VerDate Nov 24 2008 00:41 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.068 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4952 CONGRESSIONAL RECORD — HOUSE April 29, 2009 gentleman from Indiana (Mr. PENCE), tus without, I might add, any evidence Biblical quotations on sexual morality who is also chairman of the Republican of any hate crimes occurring against had them taken down by city officials Conference. individuals for gender identity. The who cited hate crime principles as jus- (Mr. PENCE asked and was given per- hate crimes bill before us today makes tification. mission to revise and extend his re- a Federal offense out of any violent We saw a new colleague today take marks.) crime that is alleged to be motivated that oath that we all take, and it was Mr. PENCE. I thank the gentleman by gender identity including, for in- a solemn moment, Mr. Speaker. But we for yielding, and I especially thank the stance, people who describe themselves swear to support and uphold the Con- ranking member of this committee for as transsexuals, even though the Hate stitution, which reads, I remind my his strong and principled and thought- Crimes Statistics Act of 1990, as colleagues, ‘‘Congress shall make no ful opposition to H.R. 1913, the Local amended in 1994, never collected any law respecting the establishment of re- Law Enforcement Hate Crimes Preven- data to show that such hate crimes are ligion or prohibiting the free exercise tion Act. even occurring. In fact, the truth be thereof.’’ Mr. Speaker, those who know me, in- told, FBI statistics show that the inci- We must not pass this hate crimes cluding my colleagues on this com- dents of what are described as hate bill. It is unnecessary and it threatens mittee and the distinguished chairman crimes has declined over the last 10 that constitutional obligation that we of this committee, know that I abhor years, for which we have data. In 1997 a have. discrimination. I have associated my- total of 8,000 what are called ‘‘bias- Mr. CONYERS. Mr. Speaker, I yield 5 self throughout my career in Congress motived’’ criminal incidents were re- minutes to the gentleman from Massa- with efforts to advance the interests of ported to the FBI. The data for 3 of the chusetts, who is Chair of the Finance minorities, and I will continue to do so. last 10 years, 2003 through 2005, dem- Committee but previously has served People who know me back home know onstrated a steady decline in the num- his entire career on the House Judici- that I have no tolerance for unkindness ber of those crimes, and the incidents ary Committee, and his name is BAR- or disrespect to any individual for any as the present day approaches decline NEY FRANK. Mr. FRANK of Massachusetts. My reason, but most especially any dis- even further. respect or discrimination that is based And, also, lastly, there is zero evi- thanks to the gentleman from Michi- on race, creed, or color is anathema to dence that States are not fully pros- gan, who has been such an extraor- me. So I don’t question the motives of ecuting violent crimes that are moti- dinary moral force in his leadership in the Judiciary Committee and under those who would advance this legisla- vated by hate or for any other reason. whom I was proud to serve. tion. I think I know the heart of many Every State in the Nation prohibits a Let me begin by saying apparently and understand it. variety of violent crimes that con- But I rise in opposition to this legis- we have in Philadelphia one of the stitute ‘‘willfully causing bodily in- lation for three reasons: longest pending criminal cases in his- Number one, I believe that we should jury.’’ For whatever the purpose of the tory because the gentleman from Indi- not treat thought the same way we will of causing bodily injury, those ana mentioned that people were ar- treat action before the law. Number crimes are prosecuted. And for those rested and charged in 2004. But he two, I believe this legislation is unnec- who advocate hate crimes legislation, a didn’t tell us what happened to them. essary when a careful examination of Federalist note: 45 States and the Dis- Well, he said it was terrible, they were State prosecutions and the work that’s trict of Columbia already have specific charged. One would assume that people being done at State levels is examined. laws punishing hate crimes. would be interested in knowing what And lastly and most ominously, I fear Which brings me to my last objection happened. this legislation, intentionally or unin- to this Federal legislation, and that is I will tell the House what happened. tentionally, could have a chilling effect the concern that I have about the The charges were dismissed. Now, the on the religious expression and the re- threat to religious freedom and reli- gentleman from Indiana apparently ligious freedom of millions of Ameri- gious expression. The gentlewoman forgot to say that. Those arrests were cans. So let me speak to each of those who just spoke said, memorably, that false. They should not have taken points. this is not a hate speech bill, this is a place. But let me say this: If we were Thomas Jefferson once said, ‘‘Believ- hate crimes bill. But because those 45 to repeal every criminal statute be- ing with you that religion is a matter States already have legislation involv- cause some police officer may have which lies solely between man and his ing hate crimes, we can see how this made an improper arrest, things would God, that he owes account to none kind of legislation actually operates in be pretty anarchic. other for his faith and his worship, the practice. I also do think if you’re going to talk legislative powers of the government One case in particular, in 2004 in about an incident, certainly would be reach actions only, not opinions.’’ Philadelphia, 11 individuals were ar- my practice, and if you talked about Thomas Jefferson again stated the core rested at something called OutFest, criminal charges and they were dis- of my objection to hate crimes legisla- which is a gay pride festival. These in- missed that you would say so, that you tion as a whole, and that is that vio- dividuals held signs that displayed seg- wouldn’t leave people wondering. So I lent attacks against people or property ments of the Holy Bible. They were ar- do want people who are worried about are already illegal regardless of the rested after protesting peacefully. the fate of those poor people in Phila- motive behind them. And it seems to They were charged with three felonies delphia who, if you listened to the gen- me that the wisdom expressed by and five misdemeanors. Their felony tleman from Indiana, these last 5 years Thomas Jefferson in that quote is wis- charges included ‘‘possessions of in- have been facing felony charges, please dom that ought to discipline this legis- struments of crime,’’ which apparently don’t worry. Those charges should not lative body, that we ought to focus the was a bullhorn; ethnic intimidation, have been brought and they were dis- reach of government on actions only which was apparently their statement missed. Now, you hear about that often and not opinions. And that remains the that they believed as Biblical Chris- because it’s apparently the only case core of my objection to hate crimes tians that homosexuality is a sin; and we do have. No one has been success- legislation. also they were charged with inciting a fully prosecuted, nor should they be, But even to those who believe, Mr. riot for reading passages from the Bible for this. Speaker, that this legislation is appro- related to that moral practice. Now, Now, I do want to say this: I’m de- priate, I must say that it is also impor- whether or not a riot occurred involv- lighted to hear some of the most con- tant for our colleagues and anyone ing these Christians was debatable, but servative Members of this House ex- looking in to understand that this leg- they faced $90,000 in fines and possible pressing support for free speech in this islation is also unnecessary. The under- 47-year prison sentences. context. Only in this context. They lying offense in each of these crimes is In San Francisco a city council en- have not been conspicuous in demand- already fully and aggressively pros- acted a resolution urging local broad- ing the right of free speech, but I’ll ecuted in all 50 States. cast media not to run advertisements take it when I can get it. This bill designates in particular gen- by a pro-family group. In New York a There was a statute proposed here der identity for federally protected sta- pastor who rented billboards posting that interfered with the free speech of

VerDate Nov 24 2008 00:41 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.069 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4953 a member of the clergy. Now, he is a would be for repealing hate crimes equip our local law offices with the tools they lunatic member of the clergy named based on race and age and other cat- need to prosecute hate crimes and provides Phelps, and he was going and standing egories. It’s only when it deals with monetary relief to those agencies that have in- out at cemeteries and denouncing them gay people. And because in some peo- curred extraordinary expenses associated with on his religious grounds. I did not ple’s minds saying that it’s wrong to the investigation and prosecution of hate think people should be allowed to dis- assault someone who is transgender crimes. rupt funerals, but I voted against the may mean that you have to show some Our nation thrives because of the freedoms bill, along with my colleague from respect for that person. we guarantee each of our citizens. Those lib- Texas (Mr. PAUL) and my colleague Well, let me reassure them. I do erties are at risk if hateful discrimination and from Oregon (Mr. WU), and all the rest think that there ought to be hate violence are allowed to flourish and threaten of these great defenders of free speech crimes protection against gay, lesbian the safety of individuals and our communities. on the other side said he couldn’t stand and transgender people. By that I mean Current federal hate crimes law authorizes half a mile from the cemetery an hour that if there is a physical crime, ac- federal aid in cases of violent crimes moti- before with his anti-gay sign. Now, I tions that are otherwise criminal, the vated by the victim’s race, color, religion, or will confess that when he heard that I fact that it is based on that prejudice national origin. H.R. 1913 expands the federal had come to his defense, that caused should count. definition of hate crime, allowing the Depart- him more aggravation than anything The SPEAKER pro tempore. The ment of Justice to assist local authorities in else; so it was for me a twofer. I got to time of the gentleman has expired. cases of violent crimes committed against per- defend free speech and aggravate a lu- Mr. CONYERS. I yield the gentleman sons because of their gender, sexual orienta- natic. But I don’t remember a lot of an additional minute. tion, gender identity, or disability. free speech defenses then because it Mr. FRANK of Massachusetts. I I am proud to have voted for this legislation, wasn’t popular. thank the chairman. as it will enhance civil rights protections and Now, in addition to free speech, there I want to make it very clear. Yes, I help protect individuals and our communities is one other thing that’s very inter- do want there to be protection against from the terror and anguish that hate crimes esting. You would think this is the violence committed against people like inflict. first time hate crimes ever came up in me, but let me reassure those, some on Mr. PERRIELLO. Madam Speaker, although American history. There are on the the other side. In asking that I could not cast my vote today due to sched- books statutes that increase the pen- transgender people or people like me or uling conflicts, I would like to record my sup- alty for crimes depending on the moti- people like my colleague from Wis- port for the Local Law Enforcement Hate vation. And people say everybody consin be protected against violence, I Crimes Prevention Act. This legislation does should be treated equally. By the way, am not seeking your approval. Your two important things: it moves our commu- I assume Members know that there was approval of the way in which I live is nities one step closer towards having the sup- a special statute that makes it particu- not terribly important to me, I would port necessary to ensure that all Americans larly egregious in terms of sentencing say to them, Mr. Speaker, so I do want can live without fear and it advances the on- if you assault a Member of Congress. to differentiate. going struggle to defend human rights. Those of us who think that violence This bipartisan bill reaffirms our commitment b 1600 should be prevented are not asking for to protecting the rights of every individual cit- I assume nobody knew that on that approval from people with whom we izen. It defends the dignity of all individuals side because they would have moved to are perfectly prepared not to associate and recognizes that no one should live in con- repeal it. They apparently are perfectly any more than necessary. This is not a stant fear of hatred and discrimination. Impor- comfortable getting a greater degree of request for acceptance. We don’t want tantly, it advances this goal while also pro- Federal protection against crime than it. We don’t need it from those people. tecting our Constitutional right to freedom of the average citizen. What we are talking about is a protec- speech and of religious expression. Unlike Did they forget to repeal that? Where tion against violence. many nations where individuals may be pros- was that motion? Mr. Chairman, did The last point is this. Why a hate ecuted for their words and beliefs, the United that come up in the committee? Well, crime? Because when someone is as- States remains firm in defending our ability to apparently not. But there were other saulted as an individual, that indi- express our opinions and exercise our values categories, age and race. vidual is put in fear. But when a group without fear of legal action. Since the introduc- Let’s be very clear, Mr. Speaker. It is is assaulted because of race or religion tion of America’s first hate crimes laws in not the concept of hate crime protec- or sexual orientation, members who 1968, such legislation has focused only on tion that is controversial. We have had aren’t assaulted, if there’s a pattern to acts of violence, never on ideas, and this bill it and it has been administered. It is this, are also put in fear. That’s the ra- continues that commitment to the Constitution extending it to people like me, to those tionale, and it applies here as well as by explicitly stating that it cannot be used to of us who are gay, to people who are elsewhere. limit our First Amendment rights, including the transgender. And the assertion that The SPEAKER pro tempore. The gen- rights of faith leaders speaking from their pul- there is no basis for protecting tleman from Michigan has 30 seconds. pits. This legislation is a testament to the transgender people against violence, Mr. CONYERS. Mr. Speaker, I thank strength of our Constitution even in times of that’s Marxist in its oddity. you. change. And I mean by that, of course, Chico I would like to congratulate the The necessity of this bill has recently been Marx, who said at one notable point Members of the House for the debate highlighted in Virginia’s 5th District, where sev- when Groucho caught him red-handed, that’s occurred on the hate crimes leg- eral weeks ago an 18–year-old University of ‘‘Who are you going to believe—me or islation because of the very effective Virginia student and his friend were physically your own eyes?’’ way that they have communicated attacked in a parking lot because of their per- The fact is that crimes against peo- their reservations about the way we ceived sexual orientation. Such incidents re- ple who are transgender have been very approached the subject. mind us that there are still individuals who serious. I know they are not always Mr. VAN HOLLEN. Madam Speaker, I rise would use violence to intimidate and isolate prosecuted as well as they should have today in strong support of the Local Law En- others simply for who they are, and that hate been. But I do want to stress, the no- forcement Hate Crimes Prevention Act of 2009 crimes remain a serious and under-addressed tion of hate crimes, of increasing the of which I am a cosponsor. problem in our communities. penalty because of the motivation for Our country was founded on the bedrock These crimes not only target individual vic- certain characteristics of the victim, principle of protecting individual freedoms. We tims, but also terrorize entire communities. All has not been controversial on the Re- need to protect the rights of individuals who individuals deserve to live free of fear of such publican side. They have made no ef- are assaulted because of who they are. attacks, and we must not allow violence in- fort to change it. This bipartisan bill provides local and state spired by hatred to go unpunished. Through- If they were really motivated by law enforcement agencies with the resources out our nation’s history, we have been re- what they claim to be saying, or what needed to combat the thousands of hate minded that the principles of our founders en- they are saying, then they would be for crimes that occur in our country each year. dure, and so does their charge to us to remain repealing hate crimes in general. They H.R 1913 allows the Federal Government to vigilant in each generation about expanding

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Mr. Speaker, I rise in 2008, twenty-nine hate crimes were reported. of movie producer Lee Caplin and his wife, strong support of H.R. 1913, the ‘‘Local Law Just last month, a man and his boyfriend were Gita, received death threats by a group of stu- Enforcement Hate Crimes Preven of 2009.’’ on a spring-break trip over the weekend when dents at his private high school. According to As an original cosponsor of this legislation, I they were beaten unconscious on a beach in the police complaint, some of the messages believe that H.R. 1913 is critically important to Seaside, Oregon. Last November, a 20-year- directed at their son were anti-gay slurs ensuring that those who commit hate crimes old woman was walking along a street in among other epithets. are appropriately prosecuted and punished. I Aloha, Oregon, when the man asked for a cig- In 2007 in Los Angeles, a mentally disabled want to commend Chairman CONYERS and the arette. He asked if she was gay and when she man was beaten to death by an unidentified Democratic Leadership for bringing this legis- said yes, he then started berating her about man wielding an aluminum baseball bat. The lation before the House of Representatives her sexual orientation. Eventually he pushed victim was James McKinney, 41, who was early in the 111th Congress so that we may fi- her and she fell to the ground. She tried to de- walking to the store from his home, a mental nally get this bill to the President’s desk. fend herself, but he knocked her back down health care facility. The attack was caught on Each story is tragic, someone who is as- and struck her in the head with a rock. saulted or murdered because of nothing more surveillance camera, but the attacker is still at These violent crimes effectively terrorize the large. than his or her race, gender, sexual orienta- entire community and chip away at our free- The most recent data from the FBI is from tion, or religion, for example. Someone who doms. We must protect all our citizens— 2007. It shows that in Los Angeles, there were may have done nothing other than walk down whether they are black, disabled, Christian, or 279 crimes categorized as motivated by bias: a particular street, attend a certain house of gay. 132 crimes based on race; 50 crimes based worship, or simply be who they are. Today we Mr. BACA. Mr. Speaker, I urge my col- send the important message that we will not on religion; 43 crimes based on sexual ori- leagues to vote in support of H.R. 1913—the entation; and 54 crimes based on ethnicity. tolerate these acts of violence by ensuring that Federal Local Law Enforcement Hate Crimes local law enforcement agencies have the nec- Prevention Act of 2009. This legislation has While I strongly support this bill today, I essary resources to investigate and prosecute had bipartisan support during the 106th, know that more work is needed, particularly in hate crimes. 108th, 109th and the 110th Congresses. the area of crimes against the homeless. As On June 11, 2000, at the annual Puerto Chair of the Financial Services Subcommittee Many law enforcement organizations Rican Day parade in New York City, more on Housing, I can tell you that with the hous- throughout the nation have endorsed the bill. than fifty women were sexually harassed and ing and foreclosure crisis we are facing, more We have their support because local police assaulted by a group of men. I was outraged and more Americans are becoming homeless. and sheriffs’ departments will get resources not only that the attacks occurred, but that ac- Sadly, the number of violent crimes against they need to help investigate and prosecute cording to many of the victims, the police did the homeless are increasing, and I believe a violent criminals. not take their allegations seriously. Unfortu- significant portion of these attacks are indeed The bill allows the Federal government to nately, women are all too often targeted be- hate crimes. The State of Maryland just re- provide crucial federal resources to state and cause of their gender. cently became the first state in the nation to local agencies to equip local officers with the Although the bill as reported out of com- add homelessness to their hate crimes statute. tools they need to prosecute hate crimes. mittee does not include provisions from legis- They noted that from 1999 through 2007 there Everyone deserves to be protected and to lation that I have introduced, H.R. 823, the were 774 acts of violence against homeless feel safe in their communities. African Ameri- ‘‘Hate Crimes Statistics Improvement Act of men, women and children in 45 states and cans, Hispanics, disabled Americans, Chris- 2009,’’ I understand that this language will be Puerto Rico. These attacks resulted in 217 tians, members of the GBLT community, and included in future legislation that Chairman deaths. every other American deserve this right. And CONYERS intends to bring before the House of I’m looking forward to working with Chair- Representatives. The provisions included in we should give our local law enforcement the tools and support necessary to ensure our man CONYERS and our Crime Subcommittee my bill would ensure that hate crimes moti- Chairman SCOTT to get accurate data on vio- vated by gender are accounted for by the FBI safety. We are all created equal and should be afforded the same freedoms and protec- lent crimes and hate crimes against the home- and local law enforcement agencies. Violence less. It is important to get this data promptly, against women is a serious problem in this tions. H.R. 1913 will provide assistance to state and then, after an appropriate hearing, we can country. With accurate data, local communities determine if additional legislation is needed. will be better able to identify gender-based and local law enforcement agencies and In closing, I commend Chairman CONYERS hated crimes in their area, ensure that the amend Federal law to facilitate the investiga- for his tireless work on this legislation and prosecution of such crimes is a priority, and tion and prosecution of bias-motivated crimes urge my colleagues to do the right thing today chart their progress toward eliminating them. of violence. and vote to pass this bill. H.R. 1913 is landmark legislation that I be- I ask my colleagues to join me as we pass lieve will go a long way in reducing violence this much needed civil rights legislation. Ms. EDDIE BERNICE JOHNSON of Texas. in communities across this nation. I urge my Ms. WATERS. Mr. Speaker, I rise in strong Mr. Speaker, I rise today in support of H.R. colleagues to support the bill. support of H.R. 1913, the Local Law Enforce- 1913, the Local Law Enforcement Hate Mr. BLUMENAUER. Mr. Speaker, today I ment Hate Crimes Prevention Act of 2009 and Crimes Prevention Act. I have been a strong am proud to support the Local Law Enforce- I am pleased to see the bill we reported out supporter of increased law enforcement sup- ment Hate Crimes Prevention Act which will of the Judiciary Committee last week is on the port and protections against hate crimes for help prevent violence and ensure that justice House floor today. many years, and today’s vote represents a is served. I believe we finally have the opportunity to historic step forward in recognizing and fight- The special attention that hate crimes re- see this legislation signed into law and I en- ing against violent bias-motivated crimes. quire can easily stretch local law enforcement courage my colleagues to do the right thing Each year there are thousands of individ- beyond their capacity. Many of these crimes today and support this bill. uals who are targets of violent crime based go unreported, allowing the perpetrators to es- We must ensure that all Americans can ex- solely on their appearance, means, or lifestyle. cape punishment. This is unacceptable. ercise their civil rights and be free from threats These hate crimes are not only meant to The Local Law Enforcement Hate Crimes of violence against them because of their physically harm the victim, but degrade all in- Prevention Act provides the necessary re- race, color, nationality, gender, age, disability dividuals of similar identity and instill a perva- sources to state and local governments for the or sexual orientation. It is past time to protect sive sense of fear amongst that community. investigation and prosecution of these crimes. gays, lesbians, bisexuals and transgendered While each and every violent crime is trau- This kind of commitment to justice is the only individuals from hate crimes. We must never matic, hate crimes are not only devastating for

VerDate Nov 24 2008 04:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\A29AP7.027 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4955 the victim and their family, but for all individ- thorities to re-prosecute a broad category of TODD GAZIANO, uals who identify with the victim, whether or defendants who have already been acquitted Commissioner. not they actually knew that person. by state juries—as in the Rodney King and PETER N. KIRSANOW, Crown Heights cases more than a decade ago. Commissioner. Hate crimes are more prevalent than many Due to the exception for prosecutions by may realize. Despite significant under- Mrs. BIGGERT. Mr. Speaker, I rise today in ‘‘dual sovereigns,’’ such double prosecutions strong support of H.R. 1913, the Local Law reporting, more than 100,000 hate crimes are technically not violations of the Double have been reported since 1991. In addition, Jeopardy Clause of the U.S. Constitution. Enforcement Hate Crimes Prevention Act of the number of hate groups that exist within our But they are very much a violation of the 2009. country continues to rise; espousing a mes- spirit that drove the framers of the Bill of This legislation will include penalties in the sage of hatred and often plans of targeted vio- Rights, who never dreamed that federal federal code for crimes that are motivated by lence. criminal jurisdiction would be expanded to race, color, religion, national origin, gender, This legislation will allow for much needed the point where an astonishing proportion of sexual orientation, gender identity, or dis- crimes are now both state and federal of- federal assistance in the prevention and pros- ability. fenses. We regard the broad federalization of Further, H.R. 1913 allows the Department of ecution of hate crimes, and provide money to crime as a menace to civil liberties. There is Justice to make grants to support State and states to develop hate crimes prevention pro- no better place to draw the line on that proc- local programs designed to combat hate grams. No American deserves to feel a threat ess than with a bill that purports to protect crimes, particularly those committed by juve- to their physical safety simply because of who civil rights. While the title of LLEHCPA suggests that niles. Finally, the bill supports programs to they are or how they look. train local law enforcement officers in inves- While I strongly support the passage of this it will apply only to ‘‘hate crimes,’’ the ac- tigating, prosecuting, and preventing hate legislation, I do believe there is a strong need tual criminal prohibitions contained in it do not require that the defendant be inspired by crimes. In this way, the bill empowers state to include homeless individuals into this bill. hatred or ill will in order to convict. It is and local officials to investigate and prosecute Often nameless and faceless victims of vio- sufficient if he acts ‘‘because of someone’s these crimes without limiting their jurisdiction lence, homeless individuals are amongst the actual or perceived race, color, religion, na- or authority. highest targeted groups for hate violence. tional origin, gender, sexual orientation, I have heard concerns from some of my According to statistics collected by the Na- gender identity or disability. Consider: constituents that this legislation could infringe tional Coalition for the Homeless, there have Rapists are seldom indifferent to the gen- on the right to free speech. I could never sup- been 774 violent acts perpetrated against der of their victims. They are virtually al- ways chosen ‘‘because of their gender. port a bill that does that. In fact, Section 10 of homeless individuals since 1999. These at- the bill contains a specific exemption that clari- tacks occurred in 235 cities throughout our A robber might well steal only from women or the disabled because, in general, fies that speech, no matter how hateful, is not country, in 45 states, and in one territory. 217 they are less able to defend themselves. Lit- criminalized under this act. Only violent acts of these attacks resulted in death ranging from erally, they are chosen ‘‘because of their by those who willfully cause bodily injury are these individuals suffering severe beatings to gender or disability. prohibited. I strongly oppose attempts to limit being set on fire. Many of these incidents While Senator Edward Kennedy has writ- anyone’s right to free speech or put one class were committed by groups targeting the home- ten that it was not his intention to cover all of people above another. less, and some were even video-taped for fu- rape with LLEHCPA, some DOJ officials While all acts of violence are deplorable, ture sale and amusement. have declined to disclaim such coverage. hate crimes are specifically meant to intimi- It is important that we recognize these acts Moreover, both the objective meaning of the language and considerable legal scholarship date and frighten an entire group of people as hate crimes at a federal level. Many states would certainly include such coverage. If all because of prejudice on the part of the perpe- are currently considering the recognition of rape and many other crimes that do not rise trator. Violent acts that are meant to terrorize these violent acts as hate crimes, with Mary- to the level of a ‘‘hate crime’’ in the minds American citizens should not go unpunished. land having already done so. We cannot con- of ordinary Americans are covered by I urge you to support H.R. 1913. tinue to ignore the plight of this group, and the LLEHCPA, then prosecutors will have ‘‘two Mr. MORAN of Virginia. Mr. Speaker, I rise fear and violence that have been experienced bites at the apple’’ for a very large number today to express my strong support of the by scores of homeless individuals. of crimes. Local Law Enforcement Hate Crimes Preven- Mr. SMITH of Texas. Mr. Speaker, I would DOJ officials have argued that LLEHCPA tion Act. like to submit the following letter from four is needed because state procedures some- This bill will extend federal hate crimes law times make it difficult to obtain convic- members of the U.S. Commission on Civil tions. They have cited a Texas case from to protect individuals targeted because of their Rights who are opposed to H.R. 1913: over a decade ago involving an attack on a sexual orientation, gender, gender identity, or UNITED STATES COMMISSION black man by three white hoodlums. Texas disability. Since the federal government began ON CIVIL RIGHTS, law required the three defendants to be tried collecting data in 1991, over 100,000 hate Washington, DC, April 29, 2009. separately. By prosecuting them under fed- crimes have been reported by state and local Re: H.R. 1913 eral law, however, they could have been tried officials; but, most analysts believe this data Hon. NANCY PELOSI, together. As a result, admissions made by significantly underreports the actual number of Speaker, House of Representatives, one could be introduced into evidence at the hate crimes. During this time period, approxi- Washington, DC. trial of all three without falling foul of the hearsay rule. mately 16% of hate crimes were perpetrated Hon. STENY H. HOYER, because of a person’s sexual orientation. With Majority Leader, House of Representatives, Such an argument should send up red flags. Washington, DC. It is just an end-run around state procedures 1,265 reported incidents in 2007, sexual ori- Hon. JAMES E. CLYBURN, designed to ensure a fair trial. The citizens entation is the third most common target of Majority Whip, House of Representatives, of Texas evidently thought that separate hate-based violence, trailing only race and reli- Washington, DC. trials were necessary to ensure that innocent gion. This bill is a logical improvement to ex- Hon. JOHN BOEHNER, men and women are not punished. No one isting federal law and is needed to ensure that Minority Leader, House of Representatives, was claiming that Texas applies this rule the federal government has the jurisdiction to Washington, DC. only when the victim is black or female or assist in all cases of hate-based violence. Hon. ERIC CANTOR, gay. And surely no one is arguing that Tex- ans are soft on crime. Why interfere with In addition to expanding the categories of Minority Whip, House of Representatives, hate crimes, this legislation would allow the Washington, DC. their judgment? DEAR MADAM SPEAKER AND MESSRS. We are unimpressed with the arguments in Justice Department to aid the investigation BOEHNER, CANTOR, CLYBURN AND HOYER: We favor of LLEHCPA and would be happy to and prosecution of hate crimes at the local write today to urge you to vote against the discuss the matter further with you if you so level through technical assistance and supple- proposed Local Law Enforcement Hate desire. Please do not hesitate to contact any mental funding. The cost of investigating and Crimes Prevention Act (H.R. 1913) of us with your questions or comments. The prosecuting these often high-profile cases can (‘‘LLEHCPA’’). Although time does not per- Chairman’s Counsel and Special Assistant, be prohibitive for a local community, forcing mit this issue to be presented for formal Dominique Ludvigson, is also available to them to spend precious resources on one further direct your inquiries at Commission action, we believe it is impor- case. In these instances, it is essential for the tant for us to write as individual members to [email protected] or at (202) 376–7626. communicate our serious concerns with this Sincerely, federal government to be able to provide as- legislation. GERALD A. REYNOLDS, sistance to ensure that justice is served with- We believe that LLEHCPA will do little Chairman. out unduly burdening local resources. good and a great deal of harm. Its most im- GAIL L. HERIOT, Finally, this bill would require the Justice portant effect will be to allow federal au- Commissioner. Department to expand its tracking of hate

VerDate Nov 24 2008 04:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\A29AP7.030 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4956 CONGRESSIONAL RECORD — HOUSE April 29, 2009 crimes to include crimes based on gender or ment of Justice to assist state and local juris- The Clerk read as follows: gender identity. The federal government cur- dictions unable or unwilling to prosecute vio- Mr. Gohmert moves to recommit the bill rently collects data on hate crimes committed lent, bias-motivated crimes is long overdue. H.R. 1913 to the Committee on the Judiciary due to sexual orientation and disability, but not Mr. Speaker, as a former Constitutional law with instructions to report the same back to for gender or gender identity. This expanded professor at West Point, I want to make some- the House forthwith with the following resource will provide law enforcement officials thing perfectly clear. Nothing in this bill im- amendments: Page 8, line 11, insert ‘‘and shall be subject the information they need to more accurately pinges the right of an individual’s freedom of to the penalty of death in accordance with gauge the prevalence of hate crimes and to speech as guaranteed under the First Amend- chapter 228,’’ after ‘‘or both,’’. evaluate efforts to combat this violence. ment of the Constitution. The ability to think or Page 9, line 11, after ‘‘or both,’’ insert ‘‘and The Local Law Enforcement Hate Crimes express sentiments repulsive to most mem- shall be subject to the penalty of death in ac- Prevention Act is an overdue step towards ad- bers of society absent the fear of legal recrimi- cordance with chapter 228,’’. dressing all forms of hate-based violence that nation is part of what makes this country great Page 9, line 4, strike ‘‘or’’. traumatize communities across the country. and free. The ability to prosecute to the fullest Page 9, line 4, insert ‘‘, age, status as a cur- Hate crimes have a chilling effect beyond a extent of the law those who cause injury or rent or former member of the Armed Forces, or status as a law enforcement officer’’ after particular victim, spreading fear of future at- death to an individual because of who they ‘‘disability’’. tacks among the targeted group. Congress are or what they believe is also what makes Page 8, beginning in line 19, strike ‘‘OR DIS- cannot prevent hate from motivating individ- this country great and free. ABILITY’’ and insert ‘‘DISABILITY, AGE, STATUS uals to commit violence, but we can ensure Ensuring that states and local law enforce- AS A CURRENT OR FORMER MEMBER OF THE that the proper laws and resources are avail- ment throughout the United States have the ARMED FORCES, OR STATUS AS A LAW ENFORCE- able to prosecute these cases to the fullest resources they need to go after the perpetra- MENT OFFICER’’. extent of the law. That is what this bill does, tors of these crimes is not just something we Mr. CONYERS. Mr. Speaker, I ask and I ask all of my colleagues to support it. owe to the victims and their families. It also unanimous consent that there would be Mr. ISRAEL. Mr. Speaker, I rise today to helps to free the rest of society—particularly agreement to dispense with that por- urge my colleagues to support H.R. 1913, the members of the group to which the victim tion of the motion dealing with the Matthew Shepard Act. identified—from being intimidated by the ha- armed services. Many of my colleagues have already spo- tred of a few. Mr. GOHMERT. I would object. ken informatively about the bill’s provisions, I urge my colleagues to support this bill and The SPEAKER pro tempore. Does the how it will focus on enhancing resources at send a clear message that those who injure or gentleman from Michigan care to re- the local and state level for combating hate kill another human being because of who they serve his point of order? crimes, and how it will enable local and state are will be brought to justice for their crimes. Mr. CONYERS. No, sir, I do not. officials to prosecute people who commit hate Mr. WAXMAN. Mr. Speaker, hate crimes are The SPEAKER pro tempore. The res- crimes. These are all important reasons to fundamentally different from other crimes. ervation is withdrawn. vote for this bill. Hate crimes—violent acts that target victims The gentleman from Texas is recog- I want to tell you the story of a hate crime precisely because of who they are, or are per- nized for 5 minutes. that happened in my community. ceived to be—aim to terrorize, intimidate, and Mr. GOHMERT. Mr. Speaker, the mo- Marcelo Lucero lived in Patchogue, NY and oppress an entire class of people. They are tion to recommit is simple and was walking home one evening when a car assaults not just on those victims, but on an straightforward. It adds three cat- load of teenage boys surrounded, beat and entire community. When the perpetrators of egories to the list of groups in this bill murdered him. these acts are not held accountable, we suffer and provides the death penalty for cer- He was walking home, and they were out as a nation. tain hate crime offenses. looking for someone who looked Hispanic. As a cosponsor of the Matthew Shepard I would like to address what our One of the defendants later told the police, ‘‘I Act, I look forward to its enactment into law. friend from Massachusetts has indi- don’t go out and do this very often, maybe Today there are only 11 States that have hate cated when he talked about the people once a week.’’ crime laws that cover both gender and sexual who were arrested for their Christian Now, what happened to Marcelo Lucero is orientation. By expanding the federal definition position, nonviolent, and he kept indi- wrong when it happens to any person. of a hate crime to include one based on sex- cating the charges were dismissed. But what makes a hate crime so disturbing ual orientation, disability, or gender, we take But as my friend from Massachusetts is that it’s not simply aimed at the victim. the first step toward reducing these violent would surely know, when you can ar- An entire community gets the message— acts across the country. rest people, even if you don’t pursue you are not welcome here. And, what makes This legislation will provide much-needed charges, it has a chilling effect. Over the story of his attackers so disturbing is the federal support for local law enforcement so and over it has a chilling effect. casualness of their attitude. that police can more effectively identify, inves- And, also, there was some inference It reflects a comfortableness that is unac- tigate, and prosecute hate crimes. By joining in his comments that we may believe ceptable in any community. together at all levels, we can help build safer that transgender individuals who were That is why I’m supporting this bill and why and more tolerant communities. I urge my col- not worthy of being defended under the I urge my colleagues to support this bill: it leagues to support this important bill. law or were not victims, I wasn’t sure, sends a message back to those who would The SPEAKER pro tempore. All time but the truth is every American de- commit a hate crime. And that message is that for debate on the bill has expired. serves to be equally protected. That is hate is not welcome in my community. Pursuant to House Resolution 372, the law. That’s the way it should be. I would like to thank Chairman COYERS for the previous question is ordered on the That’s the way wherever you go in the the time to speak and his leadership on this bill, as amended. country. You don’t find cases that are important issue. The question is on the engrossment held up as poster cases for hate crimes Mr. PATRICK J. MURPHY of Pennsylvania. and third reading of the bill. that justify the hate crimes. Mr. Speaker, I rise today as a cosponsor and The bill was ordered to be engrossed The James Byrd family, bless their strong supporter of the Local Law Enforce- and read a third time, and was read the hearts, I grieved with them. And based ment Hate Crimes Prevention Act of 2009. third time. on the evidence that was presented, it Ten years have now passed since a Univer- MOTION TO RECOMMIT was clear that these defendants com- sity of Wyoming student was tied to a fence Mr. GOHMERT. Mr. Speaker, I have mitted a violent crime for which they and fatally beaten just because he was gay. In a motion to recommit at the desk. should have gotten the death penalty. the time since, we’ve seen a Texas man The SPEAKER pro tempore. Is the The two that did got it appropriately. dragged to his death by a truck just because gentleman opposed to the bill? This bill will not affect that case one he was black and a woman brutally beaten Mr. GOHMERT. Yes. bit. It will not affect it. and killed with a fire extinguisher just because Mr. CONYERS. Mr. Speaker, I re- So we have tried to say, look, please she was transgendered. We’ve even seen serve a point of order. don’t divide us. Don’t keep dividing young children at day camp shot just because The SPEAKER pro tempore. A point into different categories and say these they were Jewish. of order is reserved. deserve more protection than these. Passage of comprehensive federal hate The Clerk will report the motion to Treat us all the same. That has fallen crime legislation that would allow the Depart- recommit. on deaf ears.

VerDate Nov 24 2008 01:44 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.034 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4957 Every amendment was voted down in The SPEAKER pro tempore. The gen- There was no objection. committee that we tried to present to tleman from Michigan is recognized for The SPEAKER pro tempore. The make it more clear and to treat Ameri- 5 minutes. question is on the motion to recommit. cans equally. It’s clear the majority Mr. CONYERS. I thank you. The question was taken; and the has the votes to move forward and pass I suppose this is the parliamentary Speaker pro tempore announced that this. So our effort is then to add other part of the legislative process that a the noes appeared to have it. worthy classes to this. motion to recommit has to be enter- Mr. GOHMERT. Mr. Speaker, on that For example, in 2004, Private First tained, but before I begin my discus- I demand the yeas and nays. Class Foster Barton of Grove City, sion about the regrets of it, I still in- The yeas and nays were ordered. Ohio, was brutally beaten. Six wit- sist on complimenting the Members of The SPEAKER pro tempore. Pursu- nesses who didn’t know Barton said the the House of Representatives who have ant to clause 9 of rule XX, the Chair person that beat him up was screaming understood that there are particular will reduce to 5 minutes the minimum profanities and crude remarks about acts of violence against the law that time for any electronic vote on the U.S. soldiers. are intolerable and should be dealt question of passage. In 2007, a Syracuse woman pleaded with as effectively as possible. The vote was taken by electronic de- guilty for spitting in the face of a Fort The question is what is the most ef- vice, and there were—yeas 185, nays Drum soldier she didn’t know. fective way. 241, not voting 7, as follows: These things happen. My friend from Now, what we have been proposing, Florida in committee had indicated [Roll No. 222] since 1968, during the civil rights era, YEAS—185 that she was not sure it appeared that where there was an inability to seek Aderholt Foxx Miller (FL) the military should be added as a pro- prosecution of violators of civil rights tected class under this bill, that not Akin Franks (AZ) Miller (MI) laws at the State level, a southern Alexander Frelinghuysen Miller (NC) necessarily were they victims. President, Lyndon Johnson, began re- Altmire Gallegly Miller, Gary But I can tell you personally, having Arcuri Garrett (NJ) alizing that there had to be a Federal Minnick been spat at and on, after Vietnam, Austria Gerlach Mitchell method of dealing with certain crimes when I was at Fort Riley, Kansas, and Bachmann Gingrey (GA) Moran (KS) that were not only violent to the vic- Bachus Gohmert Murphy, Tim we were ordered not to wear our uni- tims but served to send a message of Barrett (SC) Goodlatte Myrick forms off post in our platoon because of Barrow Graves intimidation to others in that same Neugebauer violence that was being done to serv- Bartlett Griffith Nunes class or group. Those groups, we have Barton (TX) Guthrie icemembers. It still happens. It still Nye listed. Bilbray Hall (TX) Olson happens. Bilirakis Halvorson Paulsen And witness the unseemly events These groups are being denied the Bishop (UT) Harper most fundamental protection of lib- Pence outside some of our military hospitals Blackburn Hastings (WA) Petri by those who are so very insensitive. erty. They are targeted for the most Blunt Heller Pitts extreme violence by extremists who Boccieri Hensarling Poe (TX) Now even the administration is tar- Boehner Herger have decided, in their own warped view Posey geting returning veterans as potential Bonner Herseth Sandlin Radanovich extremists. As the report said, ‘‘Re- of how we should exist among each Boozman Holden Rehberg Boren Hunter other in our society, as people who Reichert turning veterans possess combat skills Boustany Inglis Richardson and experience that are attractive to don’t deserve to have life. Brady (TX) Issa Roe (TN) Broun (GA) Johnson (IL) right-wing extremists.’’ Even the ad- b 1615 Rogers (AL) Brown (SC) Johnson, Sam ministration is trying to target vet- Rogers (KY) Brown-Waite, Jones The groups that are on this protected Rogers (MI) erans. So we would hope that they were Ginny Jordan (OH) list and are identified as where hate Rohrabacher included. Buchanan King (IA) Rooney crime laws kick in are being protected Burton (IN) King (NY) And there is absolutely no question Roskam in the same way that has been going on Buyer Kingston that law enforcement officers are fre- Royce all the way back these many years, Calvert Kirk quently targeted specifically because Ryan (WI) since 1968. Camp Klein (FL) of who they are and because they are Campbell Kline (MN) Scalise Schmidt wearing the uniform and attempting to The targets are not only the par- Cantor Lamborn ticular individuals who are attacked, Capito Lance Schock protect all the rest of us. We have so Sensenbrenner but an extension of everyone in the Carter Latham many brave public servants. Even in Cassidy LaTourette Sessions this building people have given their group. The unmistakable intended Castle Latta Shadegg Shimkus lives so that others in the building threat to all is that not only are you Chaffetz Lee (NY) not welcome, but you are despised, and Childers Lewis (CA) Shuster could have theirs. That needs to be Simpson you are not safe, and we are coming Coble Linder honored. Coffman (CO) Lipinski Smith (NE) The statistics show that even though after you. Cole LoBiondo Smith (TX) the number of hate crimes, or crimes But this motion seeks simply to ig- Conaway Lucas Souder nore these essential facts. Costa Luetkemeyer Space reportedly committed because of bias Cuellar Lummis Stearns or prejudice, are lower now than they Let me talk about the three areas Culberson Lungren, Daniel Sullivan were 10 years ago. Those crimes have mentioned. The armed services, for ex- Davis (AL) E. Taylor increased against law enforcement. ample. While people who are disturbed Davis (KY) Manzullo Terry at governmental policies and may di- Deal (GA) Marchant Thompson (PA) Age is another class that should be Dent Marshall Thornberry protected. The statistics are clear, and rect anger at the military, members of Diaz-Balart, L. Matheson Tiahrt we have seen film evidence of elderly the armed services are not victims of Diaz-Balart, M. McCarthy (CA) Tiberi being attacked because they were per- bias-based prejudice or hatred. To the Dreier McCaul Turner Duncan McClintock Walden ceived as elderly and less able to pro- contrary, they are honored for their Emerson McCotter Westmoreland tect themselves. They deserve to be service to our Nation, with national Fallin McHenry Whitfield protected. These are classes that holidays in their honor, memorials, Flake McHugh Wilson (SC) and other economic benefits, all of Fleming McKeon Wittman should be. Forbes McMorris Wolf And then we come to another issue, which are deserved. But they are not in Fortenberry Rodgers Young (AK) and that is the fact that the hate the same situation as the groups we Foster Mica Young (FL) crimes bill, as proposed, will not affect are seeking to protect in this bill. Be- NAYS—241 sides, specific protections for members one of the hate crime bills held up so Abercrombie Berkley Boyd far as a poster case. We will add the of the armed services already exist in Ackerman Berman Brady (PA) death penalty so it can make a dif- the Federal law——it makes killing Adler (NJ) Biggert Braley (IA) ference in those places where there was someone in the military a capital Andrews Bishop (GA) Bright Baca Bishop (NY) Brown, Corrine a horrible heinous crime. This will crime. Baird Blumenauer Cao make a difference. The SPEAKER pro tempore. Without Baldwin Bono Mack Capps Mr. CONYERS. I rise in opposition to objection, the previous question is or- Bean Boswell Capuano this motion, Mr. Speaker. dered on the motion to recommit. Becerra Boucher Cardoza

VerDate Nov 24 2008 04:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.073 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4958 CONGRESSIONAL RECORD — HOUSE April 29, 2009 Carnahan Jackson-Lee Polis (CO) The result of the vote was announced Sutton Van Hollen Watt Carney (TX) Pomeroy Tauscher Vela´ zquez Waxman Carson (IN) Jenkins Price (GA) as above recorded. Thompson (CA) Visclosky Weiner Castor (FL) Johnson (GA) Price (NC) The SPEAKER pro tempore. The Thompson (MS) Walden Welch Chandler Johnson, E. B. Putnam question is on the passage of the bill. Tierney Walz Wexler Clarke Kagen Quigley The question was taken; and the Titus Wasserman Wilson (OH) Clay Kanjorski Rahall Tonko Schultz Woolsey Cleaver Kaptur Rangel Speaker pro tempore announced that Towns Waters Wu Clyburn Kennedy Reyes the ayes appeared to have it. Tsongas Watson Yarmuth Cohen Kildee Rodriguez RECORDED VOTE NOES—175 Connolly (VA) Kilpatrick (MI) Ros-Lehtinen Conyers Kilroy Ross Mr. CONYERS. Mr. Speaker, I de- Aderholt Garrett (NJ) Neugebauer Cooper Kind Rothman (NJ) mand a recorded vote. Akin Gingrey (GA) Nunes Kirkpatrick (AZ) Costello Roybal-Allard A recorded vote was ordered. Alexander Gohmert Olson Courtney Kissell Ruppersberger Austria Goodlatte Paul Crenshaw Kosmas Rush The SPEAKER pro tempore. This is a Bachmann Gordon (TN) Paulsen Crowley Kratovil Ryan (OH) 5-minute vote. Bachus Graves Pence Kucinich Cummings Salazar The vote was taken by electronic de- Barrett (SC) Griffith Peterson Dahlkemper Langevin Sa´ nchez, Linda Bartlett Guthrie Petri Larsen (WA) Davis (CA) T. vice, and there were—ayes 249, noes 175, Barton (TX) Hall (TX) Pitts Larson (CT) Davis (IL) Sanchez, Loretta not voting 10, as follows: Bilbray Harper Poe (TX) Lee (CA) Bilirakis Hastings (WA) Davis (TN) Sarbanes Posey Levin [Roll No. 223] Bishop (UT) Heller DeFazio Schakowsky Price (GA) Lewis (GA) Blackburn Hensarling DeGette Schauer AYES—249 Putnam Loebsack Blunt Herger Delahunt Schiff Radanovich Lofgren, Zoe Abercrombie Foster McCollum Boehner Hoekstra DeLauro Schrader Ackerman Frank (MA) McDermott Rehberg Dicks Lowey Schwartz Bonner Hunter Luja´ n Adler (NJ) Frelinghuysen McGovern Boozman Inglis Roe (TN) Dingell Scott (GA) Altmire Fudge McMahon Rogers (AL) Doggett Lynch Scott (VA) Boren Issa Andrews Gerlach McNerney Rogers (KY) Donnelly (IN) Mack Serrano Boustany Jenkins Maffei Arcuri Giffords Meek (FL) Rogers (MI) Doyle Sestak Brady (TX) Johnson (IL) Maloney Baca Gonzalez Meeks (NY) Rohrabacher Driehaus Shea-Porter Bright Johnson, Sam Markey (CO) Baird Grayson Michaud Rooney Edwards (MD) Sherman Broun (GA) Jones Markey (MA) Baldwin Green, Al Miller (NC) Roskam Edwards (TX) Shuler Brown (SC) Jordan (OH) Massa Barrow Green, Gene Minnick Ehlers Sires Brown-Waite, King (IA) Ross Matsui Bean Grijalva Mitchell Ellison Skelton Ginny King (NY) Royce McCarthy (NY) Becerra Gutierrez Mollohan Ellsworth Slaughter Buchanan Kingston Ryan (WI) McCollum Berkley Hall (NY) Moore (KS) Engel Smith (NJ) Burton (IN) Kline (MN) Scalise McDermott Berman Halvorson Moore (WI) Eshoo Smith (WA) Buyer Lamborn Schmidt McGovern Biggert Hare Moran (VA) Calvert Latham Etheridge Snyder Schock McIntyre Bishop (GA) Harman Murphy (CT) Camp LaTourette Farr Speier Sensenbrenner McMahon Bishop (NY) Hastings (FL) Murphy (NY) Campbell Latta Fattah Spratt Sessions McNerney Blumenauer Heinrich Murphy, Patrick Cantor Lee (NY) Filner Stupak Shadegg Meek (FL) Boccieri Herseth Sandlin Nadler (NY) Capito Lewis (CA) Frank (MA) Sutton Shimkus Meeks (NY) Bono Mack Higgins Napolitano Carney Linder Fudge Tanner Shuler Melancon Boswell Hill Neal (MA) Carter Lucas Giffords Tauscher Shuster Michaud Boucher Himes Nye Chaffetz Luetkemeyer Gonzalez Thompson (CA) Simpson Miller, George Boyd Hinchey Oberstar Childers Lummis Gordon (TN) Thompson (MS) Smith (NE) Mollohan Brady (PA) Hinojosa Obey Coble Lungren, Daniel Grayson Tierney Smith (NJ) Moore (KS) Braley (IA) Hirono Olver Cole E. Smith (TX) Green, Al Moore (WI) Titus Brown, Corrine Hodes Ortiz Conaway Mack Souder Green, Gene Moran (VA) Tonko Cao Holden Pallone Crenshaw Manzullo Stearns Grijalva Murphy (CT) Towns Capps Holt Pascrell Culberson Marchant Sullivan Gutierrez Murphy (NY) Tsongas Capuano Honda Pastor (AZ) Davis (AL) McCarthy (CA) Tanner Hall (NY) Murphy, Patrick Upton Cardoza Hoyer Payne Davis (KY) McCaul Hare Murtha Van Hollen Carnahan Inslee Pelosi Davis (TN) McClintock Taylor ´ Harman Nadler (NY) Velazquez Carson (IN) Israel Perlmutter Deal (GA) McCotter Terry Hastings (FL) Napolitano Visclosky Cassidy Jackson (IL) Peters Donnelly (IN) McHenry Thompson (PA) Heinrich Neal (MA) Walz Castle Jackson-Lee Pingree (ME) Dreier McHugh Thornberry Higgins Oberstar Wamp Castor (FL) (TX) Platts Duncan McIntyre Tiahrt Hill Obey Wasserman Chandler Johnson (GA) Polis (CO) Ehlers McKeon Tiberi Himes Olver Schultz Clarke Johnson, E. B. Pomeroy Ellsworth McMorris Turner Hinchey Ortiz Waters Clay Kagen Price (NC) Emerson Rodgers Upton Hinojosa Pallone Watson Cleaver Kanjorski Quigley Fallin Melancon Wamp Hirono Pascrell Watt Clyburn Kaptur Rahall Flake Mica Westmoreland Hodes Pastor (AZ) Waxman Coffman (CO) Kennedy Rangel Fleming Miller (FL) Whitfield Hoekstra Paul Weiner Cohen Kildee Reichert Forbes Miller (MI) Wilson (SC) Holt Payne Welch Connolly (VA) Kilpatrick (MI) Reyes Fortenberry Miller, Gary Wittman Honda Perlmutter Wexler Conyers Kilroy Richardson Foxx Moran (KS) Wolf Hoyer Peters Wilson (OH) Cooper Kind Rodriguez Franks (AZ) Murphy, Tim Young (AK) Inslee Peterson Woolsey Costa Kirk Ros-Lehtinen Gallegly Myrick Young (FL) Israel Pingree (ME) Wu Costello Kirkpatrick (AZ) Rothman (NJ) Jackson (IL) Platts Yarmuth Courtney Kissell Roybal-Allard NOT VOTING—10 Crowley Klein (FL) Rush Berry Miller, George Stark NOT VOTING—7 Cuellar Kosmas Ryan (OH) Burgess Murtha Teague Cummings Kratovil Salazar Berry Granger Teague Butterfield Perriello Dahlkemper Kucinich Sa´ nchez, Linda Burgess Perriello Granger Ruppersberger Davis (CA) Lance T. Butterfield Stark Davis (IL) Langevin Sanchez, Loretta b 1655 DeFazio Larsen (WA) Sarbanes b 1644 DeGette Larson (CT) Schakowsky So the bill was passed. Delahunt Lee (CA) Schauer The result of the vote was announced Messrs. KIND, FARR, BISHOP of DeLauro Levin Schiff as above recorded. Georgia, PETERSON, RUSH, MORAN Dent Lewis (GA) Schrader Diaz-Balart, L. Lipinski Schwartz A motion to reconsider was laid on of Virginia, WAMP, CARDOZA, Diaz-Balart, M. LoBiondo Scott (GA) the table. McMAHON, LYNCH and ADLER of Dicks Loebsack Scott (VA) f New Jersey and Mrs. TAUSCHER, Ms. Dingell Lofgren, Zoe Serrano Doggett Lowey Sestak SUPPORTING THE OBSERVANCE OF LEE of California, Ms. WOOLSEY, Ms. Doyle Luja´ n Shea-Porter SPEIER and Ms. TITUS changed their Driehaus Lynch Sherman NATIONAL CHILD ABUSE PRE- vote from ‘‘yea’’ to ‘‘nay.’’ Edwards (MD) Maffei Sires VENTION MONTH Messrs. WILSON of South Carolina, Edwards (TX) Maloney Skelton Ellison Markey (CO) Slaughter The SPEAKER pro tempore (Mr. DUNCAN and LUETKEMEYER Engel Markey (MA) Smith (WA) WALZ). The unfinished business is the changed their vote from ‘‘nay’’ to Eshoo Marshall Snyder question on suspending the rules and ‘‘yea.’’ Etheridge Massa Space agreeing to the resolution, H. Res. 337. Farr Matheson Speier So the motion to recommit was re- Fattah Matsui Spratt The Clerk read the title of the resolu- jected. Filner McCarthy (NY) Stupak tion.

VerDate Nov 24 2008 01:44 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.025 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4959 The SPEAKER pro tempore. The clude extraneous material on this bill Mr. Speaker, I rise in support of the question is on the motion offered by under consideration. Protecting Incentives for the Adoption the gentleman from the Northern Mar- The SPEAKER pro tempore. Is there of Children with Special Needs Act of iana Islands (Mr. SABLAN) that the objection to the request of the gen- 2009. This bipartisan legislation makes House suspend the rules and agree to tleman from Washington? an important technical fix to ensure the resolution, H. Res. 337. There was no objection. that Congress’ intent is carried out and The question was taken; and (two- Mr. MCDERMOTT. Mr. Speaker, I that States have improved financial in- thirds being in the affirmative) the yield myself such time as I may con- centives to help more children in foster rules were suspended and the resolu- sume. care find permanent, loving adoptive tion was agreed to. Mr. Speaker, last fall, Congress homes. A motion to reconsider was laid on passed bipartisan legislation that pro- This legislation continues a long tra- the table. vided broad improvements to our Na- dition of bipartisan activity by the tion’s child welfare system. The legis- f Ways and Means Committee, a tradi- lation, the Fostering Connections to tion designed to promote the adoption ANNOUNCEMENT BY THE SPEAKER Success and Increasing Adoptions Act, of children from foster care. In 1997, PRO TEMPORE won unanimous approval in both the the committee played a key role in The SPEAKER pro tempore. Pursu- House and Senate last fall and was crafting the landmark Adoption and ant to clause 8 of rule XX, the Chair signed into law a short time later. Safe Families Act; in 2003 the Adoption will postpone further proceedings The landmark legislation represented Promotion Act; and last fall the Fos- today on motions to suspend the rules the most significant reform in the tering Connections to Success and In- on which a recorded vote or the yeas child welfare system in over a decade. creasing Adoptions Act of 2008. These and nays are ordered, or on which the Among the provisions of the Fos- laws streamline the adoption process. vote incurs objection under clause 6 of tering Connections to Success and In- They encourage more efforts to quickly rule XX. creasing Adoptions Act was the reau- move children from foster care into Record votes on postponed questions thorization and improvement of the permanent, loving homes, and they will be taken later. Adoption Incentives Program. To en- helped achieve the dramatic increases courage and reward States for increas- f in the number of children successfully ing the number of children who are adopted from foster care in the past PROTECTING INCENTIVES FOR able to leave the public foster care sys- decade. In each case, the legislation THE ADOPTION OF CHILDREN tem for a safe, permanent and loving was designed to benefit children who WITH SPECIAL NEEDS ACT OF adopted home, Congress established the face some of the most daunting per- 2009 Adoption Incentives Program in 1997 as sonal challenges in our country—those Mr. MCDERMOTT. Mr. Speaker, I part of the Adoption and Safe Families who have spent years, sometimes prac- move to suspend the rules and pass the Act. The Adoption Incentives Program tically all of their lives, in the foster Senate bill (S. 735) to ensure States re- provides States with financial incen- care system. ceive adoption incentive payments for tives for increasing, above a certain The legislation before us today would fiscal year 2008 in accordance with the specific baseline, the number of adop- ensure the goals of last year’s bipar- Fostering Connections to Success and tive families for children in foster care, tisan Fostering Connections law are re- Increasing Adoptions Act of 2008. particularly for those with disabilities alized. That legislation encouraged in- The Clerk read the title of the Senate or with other special needs or for older creased adoptions from foster care by bill. youth. revising the Adoption Incentives Pro- The text of the Senate bill is as The bill under consideration, the gram and by extending its authoriza- follows: Protecting Incentives for the Adoption tion through fiscal year 2013. of Children with Special Needs Act of S. 735 Among other improvements, the Fos- 2009, will ensure that the improve- tering Connections law gave States Be it enacted by the Senate and House of Rep- ments made to the Adoption Incentives resentatives of the United States of America in more generous Federal funds if they Congress assembled, Program last fall are implemented as helped more families adopt children SECTION 1. SHORT TITLE. Congress intended. now languishing for years in foster This Act may be cited as the ‘‘Protecting The bipartisan bill eliminates a re- care, especially older and disabled chil- Incentives for the Adoption of Children with striction that was inadvertently placed dren. Special Needs Act of 2009’’. in the Adoption Incentives Program by Unfortunately, the fiscal year 2009 SEC. 2. ELIMINATION OF RESTRICTION ON PAY- the Omnibus Appropriations Act of omnibus appropriations bill, which MENTS FOR FISCAL YEAR 2008. 2009. The Omnibus Appropriations Act passed through the House with limited Effective as if included in the enactment of included a provision that required the consideration, included an error that the Omnibus Appropriations Act, 2009 (Pub- Department of Health and Human effectively overrides some of the im- lic Law 111–8), title II of division F of such Services, or HHS, to pay adoption in- provements in last year’s Fostering Act is amended under the heading ‘‘CHILDREN centive payments awarded for fiscal Connections law. In short, the omnibus AND FAMILIES SERVICES PROGRAMS’’ under the heading ‘‘ADMINISTRATION FOR CHILDREN AND year 2008 in the same manner as they bill incorrectly stipulated that adop- FAMILIES’’, by striking ‘‘That without regard were awarded in the previous years. tion incentive funds should be provided to the fiscal year limitations set forth in sec- The provision was prior to the changes under the old, less generous rules Con- tion 473A of the Social Security Act, from being made to the program of the Fos- gress wanted to replace instead of the the amounts appropriated herein, the Sec- tering Connections for Success and In- new, more generous rules included in retary shall pay adoption incentives for fis- creasing Adoptions Act. the Fostering Connections law. cal year 2008 in the same manner as such in- The bill before us simply eliminates This legislation makes a simple re- centives were awarded in fiscal year 2008 for the provision included in the Omnibus pair of ensuring that congressional in- the previous fiscal year: Provided further,’’. Appropriations Act, thereby allowing tent is followed so that States have the The SPEAKER pro tempore. Pursu- HHS to base upcoming award payments full intended incentives to promote the ant to the rule, the gentleman from on the new criteria established by last adoption of older and disabled children Washington (Mr. MCDERMOTT) and the fall’s bipartisan child welfare legisla- in foster care, among others. According gentleman from Georgia (Mr. LINDER) tion. Removing the inadvertent provi- to the Congressional Budget Office, each will control 20 minutes. sion will ensure that the newly reau- this technical fix has no cost. The Chair recognizes the gentleman thorized and improved Adoption Incen- I would like to thank my colleagues, from Washington. tives Program is operated as intended Representatives CAMP and RANGEL— GENERAL LEAVE by Congress. ranking member and chairman of the Mr. MCDERMOTT. Mr. Speaker, I ask I reserve the balance of my time. House Committee on Ways and Means unanimous consent that all Members Mr. LINDER. I thank the gentleman respectively—for introducing legisla- have 5 legislative days in which to re- from Washington for bringing this bill tion to correct this error in the House. vise and extend their remarks and ex- to the floor. Their bill, H.R. 1840, is identical to the

VerDate Nov 24 2008 03:20 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.080 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4960 CONGRESSIONAL RECORD — HOUSE April 29, 2009 legislation before us, S. 735, which Sen- tecting Incentives for the Adoption of Chil- In short, the Omnibus bill incorrectly stipu- ators BAUCUS and GRASSLEY introduced dren with Special Needs Act of 2009, which lated that Adoption Incentive funds should be in the Senate and worked to pass ear- would ensure that States receive adoption provided under the ‘‘old’’, less generous rules incentive payments for fiscal year 2008 in ac- lier this month. Congress wanted to replace, instead of the I encourage all Members to support cordance with the Fostering Connections to Success and Increasing Adoptions Act of 2008 ‘‘new’’, more generous rules included in the this important legislation so it can be (P.L. 110–351). Fostering Connections law. That means States signed into law as quickly as possible. American Humane is a national, non- would have less incentive to pursue the adop- APRIL 15, 2009. partisan membership organization that was tion of older and disabled children in foster Hon. CHARLES RANGEL, Chairman, founded in 1877 to protect the welfare of chil- care, among others, because they would re- dren and animals. Our support for the Pro- Hon. DAVE CAMP, Ranking Member, ceive less Federal funds if they are successful Committee on Ways and Means, House of Rep- tecting Incentives for the Adoption of Chil- dren with Special Needs Act reflects an over in achieving those goals. resentatives, Washington, DC. We can’t know for sure which States would DEAR REPRESENTATIVES RANGEL AND CAMP: 100-year history of progressively advocating On behalf of the American Public Human at the federal, state and local levels for laws lose if this fix is not made, because we don’t Services Association (APHSA) and its affil- that protect children and animals from yet know which States will successfully im- iate the National Association of Public Child abuse and neglect. prove their performance in increasing adop- The Fostering Connections to Success and Welfare Administrators (NAPCWA), we ap- Increasing Adoptions Act of 2008 reset the tions in the wake of the Fostering Connections plaud and support your efforts to fix the in- base number of adoptions a state needs to fi- law. But we do know that America’s most vul- centive program for states that increase nerable young people stand to lose if, as a re- their numbers of adoptions from foster care nalize to earn an incentive bonus to FY 2007. and support H.R. 1840. Recognizing that older children and children sult of this error, they spend more time in fos- As you know, the adoption incentive pro- with special needs may be more difficult to ter care instead of with loving adoptive fami- gram, originally part of the Adoption and place in adoptive homes, Congress improved lies. We can’t and shouldn’t let that happen. Safe Families Act of 1997 (P.L. 105–89), was the bonus awards. Congress also added an in- That is why I and my colleague CHARLIE reauthorized in the previous Congress creased rate of adoptions bonus for states. RANGEL, the Chairman of the House Com- through the Fostering Connections to Suc- To earn this bonus, states must achieve a ‘‘foster care adoption rate’’ that exceeds its mittee on Ways and Means, introduced legis- cess and Increasing Adoptions Act of 2008 lation to correct this error. Our bill (H.R. 1840) (P.L. 110–351). States perform well when pro- previous ‘‘highest ever foster child adoption vided with incentives. Between 1998 and 2006, rate’’ back to 2002 adoption numbers. is identical to the legislation (S. 735) the Sen- states received approximately $211 million in However, due to an oversight, the recent ate passed on April 2 and that is being consid- incentive bonuses for increasing the number Omnibus 2009 Appropriations Act (P.L. 111–8) ered by the House today. of children adopted from foster care. During changed the adoption incentive program I encourage all Members to support this im- the same time period, nearly half a million back to pre-Fostering Connections. HR 1840 portant legislation so it can be signed into law children were adopted from state custody. will restore the reset of the baseline to help as quickly as possible. Today, the waiting child population tends to give more children permanent homes. Mr. LINDER. Mr. Speaker, I yield have higher special needs and may pose chal- Thank you for your leadership on such an important issue. We look forward to con- back the balance of my time. lenges for caseworkers to find families will- Mr. MCDERMOTT. Mr. Speaker, I ing to adopt them. tinuing to work with you. Please do not hesi- The reauthorizing language reset the base tate to contact Patty Cha´ vez, Legislative yield back the balance of my time. number of adoptions a state needs to finalize Analyst, if we can be of further. assistance. The SPEAKER pro tempore (Mr. to earn an incentive bonus to FY 2007. For Sincerely, CUELLAR). The question is on the mo- each child adopted above that baseline, a ALLIE PHILLIPS, tion offered by the gentleman from state will continue to receive $4,000. Recog- Director of Public Pol- Washington (Mr. MCDERMOTT) that the nizing that older children and children with icy. House suspend the rules and pass the special needs may be more difficult to place PATTY CHA´ VEZ, Senate bill, S. 735. in adoptive homes, Congress improved the Legislative Analyst. The question was taken; and (two- bonus awards. The incentive amount for Mr. CAMP. Mr. Speaker, I am pleased to adopted children nine or older increased thirds being in the affirmative) the from $4,000 to $8,000 and adopted special support S. 735, the ‘‘Protecting Incentives for rules were suspended and the Senate needs children increased from $2,000 to $4,000. the Adoption of Children with Special Needs bill was passed. For the first time, Congress also added an in- Act of 2009.’’ A motion to reconsider was laid on creased rate of adoptions bonus for states. Throughout my time in Congress, I have the table. To earn this bonus, states must achieve a built on the lessons I learned working as an f ‘‘foster care adoption rate’’ that exceeds its attorney helping families with their adoption GENERAL LEAVE previous ‘‘highest ever foster child adoption proceedings. As a Member of the Committee rate’’ back to 2002 adoption numbers. More- on Ways and Means, I have been privileged to Mr. GUTIERREZ. Mr. Speaker, I ask over, states now have 24 months to spend in- unanimous consent that all Members centive funds on any Title IV–E and IV–B continue working on these issues, helping par- programs. ents adopt children and form loving families. I may have 5 legislative days within These were significant improvements to am still impressed with the number of individ- which to revise and extend their re- the program that would help many children uals, organizations, and legislators interested marks on H.R. 627 and to insert extra- languishing in foster care find permanent in the well-being and development of children neous material thereon. loving homes with adoptive families. How- and in encouraging more families to take in The SPEAKER pro tempore. Is there ever, due to an oversight, the recent Omni- objection to the request of the gen- bus 2009 Appropriations Act (P.L. 111–8) and adopt children in foster care. Congress has made important strides im- tleman from Illinois? changed the adoption incentive program There was no objection. back to pre-Fostering Connections. Prior to proving the adoption process, by enacting my the reset of the baseline, many states were legislation, the Adoption and Safe Families f unable to reach continued higher goals of fi- Act, in 1997, followed by the Adoption Pro- CREDIT CARDHOLDERS’ BILL OF nalized adoptions and the numbers of chil- motion Act in 2003. Additionally, just last fall I RIGHTS ACT OF 2009 dren waiting to be adopted were starting to was pleased to support the Fostering Connec- decline in many states. The SPEAKER pro tempore (Mr. AL On behalf of those that work so diligently tions to Success and Increasing Adoptions Act GREEN of Texas). Pursuant to the order to find homes for waiting children, we thank of 2008, which was enacted with bipartisan of the House of Tuesday, April 28, 2009, you for fixing this oversight. You are true and bicameral support. The legislation further the Chair declares the House in the champions for our nation’s most vulnerable encouraged adoptions from foster care by re- Committee of the Whole House on the children. vising the Adoption Incentives program and state of the Union for the consider- Sincerely, extending its authorization through fiscal year ation of the bill, H.R. 627. JERRY FRIEDMAN, 2013. Among other improvements, this law Executive Director. gave States more generous Federal incentive b 1709 funds if they succeed in helping more families IN THE COMMITTEE OF THE WHOLE AMERICAN HUMANE, Accordingly, the House resolved Alexandria, VA, April 27, 2009. adopt children now languishing for years in foster care—especially older and disabled chil- itself into the Committee of the Whole Re HR 1840—Protecting Incentives for the House on the State of the Union for the Adoption of Children with Special Needs dren. Act of 2009. Unfortunately, the fiscal year 2009 Omnibus consideration of the bill (H.R. 627) to Appropriations bill (P.L. 111–8), which passed amend the Truth in Lending Act to es- Hon. CHARLES RANGEL, Chairman, through the House with limited consideration, tablish fair and transparent practices Hon. DAVE CAMP, Ranking Member, relating to the extension of credit Committee on Ways and Means, House of Rep- included a flawed provision that effectively resentatives, Washington, DC. overrides the improvements to the Adoption under an open end consumer credit DEAR REPRESENTATIVES RANGEL AND CAMP: Incentive program made in last year’s Fos- plan, and for other purposes, with Mr. American Humane supports HR 1840, the Pro- tering Connections law. CUELLAR in the chair.

VerDate Nov 24 2008 04:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.082 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4961 The Clerk read the title of the bill. need for credit card reform across our they can do or offer, you do—and I The CHAIR. Pursuant to the order of Nation. Just last week, President think we all agree—you do, whether the House of Tuesday, April 28, 2009, Obama called to the White House the you unconsciously do it or inten- the bill is considered read the first top executives from the credit card in- tionally do it, you do restrict the offer- time. dustry to tell them that the days of ing of credit. General debate shall not exceed 1 any time/any reason increases must This bill will do that. I mean, there hour, equally divided and controlled by come to an end. will be people who can have a credit the Chair and ranking member of the This is an important bill that affects card today at a higher interest rate, or Committee on Financial Services. many people. It is hard for me to come if they don’t pay on a timely manner The gentleman from Illinois (Mr. to the floor of Congress or to walk at a rate that escalates, that if this bill GUTIERREZ) and the gentleman from down the street without hearing some passes, will not get credit at all. Now Alabama (Mr. BACHUS) each will con- story of some type of credit card abuse. some people might say, well, that’s trol 30 minutes. This would end the tricks and traps, good. The Chair recognizes the gentleman and it builds also on the Federal rule But today, you have got to have a from Illinois. that came out after our bill passed that credit card. And we have to take, I be- Mr. GUTIERREZ. Mr. Chairman, I resembles strongly our bill. Sixty-six lieve, in offering rates and in changing would like to yield at this moment 21⁄2 thousand comments were written in rates from time to time, the payment minutes to the chief architect, pro- support of the Federal rule which we history of the person, of the credit card moter, the person who really brought are supporting today, too. holder, we’ve got to take into consider- this bill to fruition here on the House I urge a ‘‘yes’’ vote on this important ation whether they have met the obli- floor not once but for the second time, legislation. It will help millions of peo- gations. the gentlewoman from New York, Con- ple in America. We have done a great Now, the sponsor of this bill—and I gresswoman MALONEY. deal to help our banks shore up their have agreed for some time that there Mrs. MALONEY. Mr. Chairman, I rise capital requirements and allow them to are some practices that we ought to ad- in strong support of the Credit Card- provide more loans. This will allow dress. Double-cycle billing. You men- holders’ Bill of Rights, and I thank the consumers to protect their interest tioned this bill addresses that. And it Democratic leadership, Chairman rates, to keep them lower so that they ought to be addressed. Mr. GUTIERREZ FRANK, Chairman GUTIERREZ, and my have more money, their own money, to and I talked about them offering a rate Democratic colleagues for their sup- invest in our economy. It’s fair to all and then coming back in 6 months and port of this important legislation. concerned. I urge a ‘‘yes’’ vote. suddenly changing that rate without The House bill would provide con- Mr. BACHUS. Mr. Chairman, let me any notice, number one, and then sumers protection from credit card start out by saying that I know the changing it on the existing balance as fraud and deception. Today’s action Members on the other side and I think far as going forward. We both think builds on the vote that we had last there is one thing that we all share— that they shouldn’t do that unless year when the bill passed by 312–112. most of the Members if not all of the there are unusual or extenuating cir- We held numerous hearings and meet- Members—and that is that we want to cumstances. ings, and came forward with a set of protect consumers from unfair and de- I think we also all agree that—and I gold principles that many issuers have ceptive credit card practices and en- have had complaints from other Mem- voluntarily followed. Today’s bill is an- sure that they receive useful, complete, bers knowing that I am the ranking other step forward towards making fair disclosures as they enter these member of Financial Services—that these protections permanent, and im- agreements and, once they enter these people get their credit card bill and portantly, we expand upon them in a agreements, that the terms and condi- they are out of town and all of a sudden number of key areas to provide con- tions are met and that they’re not they couldn’t get it back and they sumers with additional protections. abused. didn’t have time to pay it. The gentle- The bill targets specific abusive prac- woman from New York says we’re tices—retroactive rate increases that b 1715 going to extend that to 21 days. That’s can trap cardholders in a downward Like many of my colleagues, I have a good thing. But all three of those spiral of unexpected debt, double-cycle received calls from constituents about things, and several other things that billing that charges interest on bal- credit card practices that certainly we agree on, the Federal Reserve has ances that have already been paid, pay- don’t seem to be fair. In fact, many acted. ment allocation rules that deny card- times they are not fair. And I don’t de- Now there is a disagreement among holders the right to pay down their fend them. That’s why I don’t question us. Mrs. MALONEY has said, and others high interest rate balances first, due the motivation or the sincerity of have said, that they ought to be able to date gimmicks that trick people into those who want to address this practice do this in 30 days, or 60 days. But the paying their bills late and then hitting with this bill. Fed has issued 1,200 pages of regula- them with retroactive rate increases, Having said that, I don’t believe that tions—1,200 pages—and we simply don’t penalty interest rates, late fees, mul- this bill is the right solution. But there think that 30 days or 60 days, the credit tiple over-limit fees for one over-limit is an alternative, and I want to discuss card companies, the banks tell us—and transaction, and subprime cards of an alternative that I think has been these are not just the big banks; these which the annual fees alone eat up taken. Because in going in and over-re- are community banks, these are credit most of the credit line before a single stricting the offering of credit and unions—they have all said, ‘‘Look, we charge is ever made. It gives consumers overly restricting credit card compa- agree there were abuses,’’ and the Fed more tools to better manage their own nies’ ability to price and by over-re- and members of this committee on credit, such as setting their own credit stricting terms and conditions, you do both sides have pushed them into mak- limit. affect the availability of credit. In fact, ing changes. But I honestly don’t think This is not a bill that takes away the Small Business Administration has they can do it in 30 days or 60 days. consumer choice or that infringes on testified—not about this bill, so I don’t That’s a fair argument. anyone’s rights. It simply says it is not want to mislead anybody; it is not What I fear is, as I said, credit cards right to be deceptive, to be unfair or to about this bill—that they have said play a crucial role in the lives of every- engage in anticompetitive practices. that with small businesses, availability day Americans and the overall econ- The bill has been endorsed by con- of credit is their greatest concern, re- omy. I mean, the availability of credit sumer groups, labor unions and civil strictions on credit are their second cards, credit card offers, they are es- rights organizations that have made greatest, and only third is the terms sential. And any regulation or any leg- the passage of this bill a top priority and conditions. And that there has to islation affecting credit card practices because these unfair practices affect so be a balance between the government— is going to have a profound effect on many people every single day of the they didn’t say this; this is what I am every American and every American year. There have been more than 54 saying—if we over-restrict what com- family. Those effects can be good in editorials and op-eds endorsing the panies or people offering credit, what cases. I think when you give people 21

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.083 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4962 CONGRESSIONAL RECORD — HOUSE April 29, 2009 days, I think that’s a good thing. I ucts that nobody has overseen, and I Card Bill of Rights, I have great fears think when you say let’s not change place the blame on both political par- that ultimately this will prove to be someone’s interest rate on a balance, ties. Neither party is privy to virtue on the Credit Card Bill of Wrongs. you ought to give them like you do, this. We’ll stand for the consumer this I believe that ultimately three things and we agreed and the Fed agreed, to time. Hopefully we’ll get it past this will happen if this legislation is passed: give them 5 years, amortize it and give House and we will get it past the Sen- Number one, because of its prescriptive 5 years. ate. That’s necessary. way in dealing with risk-based pricing, I think it was a good thing to pro- We have before us here legislation by essentially imposing a form of price hibit double-cycle billing. In fact, there which would give consumers protection controls on late fees, either, number are 12 or 14 things that the regulators against credit card abuses. That’s what one, the borrowers who do it right— have now told the banks they’ve got to we are targeting here. And this is at a now, Mr. Chairman, that’s half of do. time when Americans are sick and America; half of America either pays But I believe there is always if you tired of being the victims of a crafty their bill off in full at the end of the say one size fits all, yes, there will be and fatally opportunistic financial sec- month or does it almost every month. people, if this bill passes, that will re- tor. You may defend that sector. You And then there is about a quarter who ceive a lower interest rate or their in- have all of the right to do it. Thank miss some. And then there is about a terest rates won’t go as high. But there God we’re in America. quarter who are always universally are other people, I think a far greater Americans are discovering that even late. universe, where the interest rates will if they pay their bills, their interest But what is going to happen, Mr. go up on people that pay on time, peo- rates still get jacked through the roof. Chairman, is the people who are doing ple that have better credit, and that Even if you pay your bills. The credit it right, who are working hard, trying this is sort of a leveling, and I think card industry and some Members have to pay their bills, are going to be you’re going to see that interest rates been quick to condemn this legislation. forced to bail out those who don’t. This are going to go up from 10 to 12 per- But today, I ask those who have spoken bill will take us back to a previous era, cent. against the legislation, what possible a bygone era where everybody paid Let me just simply stop there. I will detriment is there in increasing trans- higher interest rates, where a third give the lady a chance to respond. But parency in the imposition of fees? How fewer people had access to credit, and I do want to say one thing and then I can we possibly be against empowering we had all of these dreaded annual card will quit. Americans for taking control of their fees. We’re in the midst of a severe eco- credit card finances? b 1730 nomic downturn. Unemployment is up. Mr. BACHUS. Mr. Speaker, I yield to Now, that was a previous era before Hardworking Americans are facing un- the gentleman from Texas (Mr. we had this thing called risk-based paralleled difficulties. Now, if a credit HENSARLING) such time as he may con- pricing, Mr. Chairman, and what is card company doesn’t treat them right, sume. that? It says, you know what, if you they just add to those difficulties. But Mr. HENSARLING. I thank the rank- have a checkered credit past or maybe if we over-restrict these offers of cred- ing member for yielding. you have a lower income, maybe you’re it, put too much conditions on it, we’ve Before entering into the debate, I having trouble meeting your bills, well, been told that the credit limits are certainly want to acknowledge, as I risk-based pricing says you can still going to come down. Some people are have before throughout this debate, get access to credit if you’re willing to going to be told, ‘‘I’m sorry, we’re pull- number one, the work of the sub- pay more for the risk of the creditor. ing your lines of credit.’’ That’s al- committee chairman with whom I have The option, of course, is not to have ready happened. And particularly, in- served, proud to serve as the ranking any credit at all, in which case if you vestors and people that invest and put member, it has been a very open proc- lose your credit card, then you’re look- capital behind credit card offerings are ess, a very good debate. And I certainly ing at some other option. And in that not going to be there. I do have all of want to congratulate the gentlelady respect there are provisions of this bill those concerns. from New York who I know has been that maybe ought to be called the For that reason, I sincerely believe quite passionate about this issue. And ‘‘Pawn Shop Owners and Payday Ad- that H.R. 627 is going to do some good, although we certainly disagree with vance Lenders Relief Act,’’ because, a lot of it the Fed is doing anyway, but the implications of her legislation, Mr. Chairman, if you start to take it’s going to do some harm. And you what I believe or I hope to believe are away credit opportunities of those who weigh all of that out, and I am afraid unintended consequences, I certainly have checkered credit pasts, those who that the consumers are not going to share, at least, a number of the goals are low income, they may be forced benefit. Some will, but I think most that she has. into options they don’t like. won’t. However, I do have great concerns Now, again, I want to make it very At this time, I will reserve the bal- about this legislation. clear I think the payday lenders, the ance of my time. First, if this was a debate on whether pawn shop operators, they serve a very Mr. GUTIERREZ. Mr. Chairman, I or not there are credit card companies vital function in our economy. Many yield 11⁄2 minutes to Mr. PASCRELL from in America that use misleading and de- people use them. That’s not my point. New Jersey. ceptive practices, I think we could pass My point is the consumer ought to be Mr. PASCRELL. Mr. Chairman, that that legislation with unanimous con- able to choose. So if you start taking was, to my good friend from Alabama, sent. that ability away to risk-based price, the best apologist presentation that I Now, Mr. Chairman, if this was legis- you’re taking away credit, number one. have heard in a long time. lation about whether or not the aver- Number two, you’re going to be The very same people stood on the age consumer can understand their forced to this bygone era where the floor of this House and condemned credit card agreement—the average people who did it right have to bail out folks trying to get a part of the Amer- one running 6,691 words, it would take the people who did it wrong. I mean, ican dream in buying a house and then the average American almost an hour does that sound like a fairly consistent finding out they couldn’t afford it, con- to read, much less comprehend—my theme out of this particular Congress: demned those people. Not the folks who guess is we could pass that with unani- bailout, bailout, bailout? And that’s loaned them the money, not the many mous consent as well since indeed most what this is, Mr. Chairman. Unfortu- unscrupulous people. I have heard it Americans cannot understand the pro- nately, it will force the good credit before and will hear it again, I am sure. visions in their credit card agreements. cardholders to bail out those who There has to be a balance, and I But unfortunately, the legislation be- aren’t. would agree. The question is we’ve fore us goes way beyond simply ending And you know what, Mr. Chairman. gone out of balance, and no one can deceptive practices. It goes way beyond We have now seen out of this Demo- deny looking at the data of the past 20 simply trying to effectuate effective cratic Congress a $700 billion bailout years that we have reduced our stand- disclosure for the consumer. And al- bill costing the average American fam- ards, there have been financial prod- though the bill is entitled the Credit ily over $6,034. We have seen a $1.13

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.084 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4963 trillion, with a ‘‘t,’’ government stim- legislation. They may ‘‘increase loan help them with their health care needs, ulus plan, costing the average Amer- rates across the board on all borrowers, to buy groceries. And I know people ican household $9,810. We’ve now seen making it more expensive for both can go and high-five each other and out of this Democratic Congress, Mr. good and delinquent borrowers to use say, look, we beat up on the credit card Chairman, an omnibus spending bill revolving credit. Issuers may also in- companies today. But if you take away $410 billion, costing the average Amer- crease minimum monthly payments, risk-based pricing, you’re going to take ican $3,534. And now just today, just reduce credit limits, or reduce the credit opportunities away from the today, a $3.6 trillion budget, which is number of credit cards issued to people people who need it most. And if you going to triple the national debt in 10 with impaired credit.’’ So it’s not my impose this bill, what you’re going to years. opinion. That’s the opinion of the Con- say is to half of America who pays I mean, Mr. Chairman, isn’t it gressional Research Service. their bill on time, well, folks, you’re enough that this Congress has taken Now, I’m sure that every Member going to have to bail out somebody all the cash out of our wallets? Is it here has a number of financial institu- again. You know, we’re reaching for going to take the credit cards out of tions throughout their congressional your wallet. We’re going to force you our wallets as well? I hope not. I don’t districts. I’m proud to represent a to bail out the people who don’t do it believe that’s the intent of the legisla- number of community banks in the right. tion, but I fear that will be the effect. Fifth District of Texas. It’s an informal That’s not right, Mr. Chairman. It is Now, again, there are many problems poll, but I went to three of them—First not fair. And because of that, this leg- in this credit card market. There are State Bank in Athens, Texas; East islation in its current form needs to be credit card companies, one in par- Texas National Bank in Palestine; defeated. We need disclosure. People ticular, that my wife and I absolutely First State Bank in Mesquite, Texas— need an adequate amount of time to refuse to do business with because we and I asked them what’s going to hap- pay off their balances if their interest don’t like their practices. But through- pen if this legislation is passed? And rates or terms change, but we cannot out this debate, and I challenge Mem- what they told me was, you know, at restrict in a competitive marketplace bers on the other side of the aisle to that point the cost of these cards to the options and opportunities of strug- show to me, where is it that we don’t community banks just become so much gling Americans at a time of a great have a competitive market? Where is it to justify continuing the program, the credit crunch when they desperately, that the consumer doesn’t have the card portfolio ends up getting sold to desperately need access to those credit choice? Now, up until the recent eco- the big banks and the consumers lose cards today. nomic turmoil that we’ve had, I believe their options in smaller markets. So I urge defeat of this legislation. there were over 14,000 different credit That’s what we are hearing from com- Mr. GUTIERREZ. I thank Mr. card issuers in this Nation with a diz- munity bankers. HENSARLING for his very kind words. I zying array of options for consumers to What do we hear from academics? look forward to continue working with choose from. It’s the competitive mar- Well, we heard testimony from Pro- him. ket that is the consumer’s best friend. fessor of Law Todd Zywicki at George Mr. Chairman, I yield 2 minutes to Now, if people don’t understand their Mason University: ‘‘Increased use of the gentleman from Texas, a member disclosures, and I believe, again, many credit cards has been a substitution for of the subcommittee and of the full of them don’t, what we ought to do is other types of consumer credit. If these committee, a really dynamic member not take away the economic opportuni- individuals are unable to get access to of Financial Services. ties, not take away consumer choice, credit cards, experience and empirical Mr. AL GREEN of Texas. I thank the but ensure that there is effective dis- evidence indicates that they will turn chairman of the full committee, Mr. closure written in English, not volumi- elsewhere for credit such as pawn FRANK. I thank Mr. GUTIERREZ, our nous disclosure written in legalese. shops, payday lenders, rent-to-own, or chairperson of the Financial Institu- Part of this is the fault of Congress and even loan sharks.’’ tions Subcommittee. I would like to the regulators. When you disclose ev- And, indeed, Mr. Chairman, we see thank the ranking member, whom I erything, you end up disclosing noth- this happening in the marketplace have a great relationship with and I ing. Part of it is an answer to an explo- now. Pick up the newspaper. Recently look forward to working with. And I sion of liability exposure to where in the IndyStar, I read: ‘‘More Middle would like to move quickly now to why some of these credit card companies Class Families Are Seeking Payday I am supporting this legislation. feel, well, if we don’t disclose this, we Loans As Financial Turmoil Mounts.’’ Mr. Chairman, the right time to do may get sued. The Boston Globe: ‘‘Tight Credit right is right now. We do not want to And then last but not least but, Drives Consumers Towards Pawn allow ourselves to become victims of again, there are misleading and decep- Shops.’’ As you begin to take away something known as the paralysis of tive practices of credit card companies. people’s credit cards, you send them analysis. We have analyzed this bill for That should be stopped, and particu- elsewhere. years. It is now time for us to act. larly under the Truth in Lending Act, And perhaps the most relevant piece It is right for us to do something under the Deceptive Trade Practices of data, Mr. Chairman, is what hap- about retroactive rate increases. This Act. Sometimes, Mr. Chairman, the an- pened in the U.K., in Great Britain, bill does something about it. If you swer is to enforce the laws that we when they passed a similar law. They have a balance and the rate goes up, have on the books. decided credit card default fees were should the interest rate increase apply I don’t see the gentlewoman from too high, and they ordered the credit to your previous balance or should it New York on the floor at the moment, card issuers to cut them or face legal apply to balances going forward? but I want to commend her for that action. What happened? You can look That’s what this bill does. It does not portion of the legislation that deals at the record. Two of the three largest allow it to apply to charges that you’ve with disclosure. Now it roughly par- issuers promptly imposed annual fees already made. allels that of the Fed regs that the on their cardholders. Nineteen of the Should a person who is not emanci- ranking member spoke of, and I think largest raised interest rates. And by pated, who is younger than 18 years of a lot of good can be done here in in- one independent estimate, 60 percent of age receive a credit card? I don’t think forming consumers about what their new applicants were rejected. Those so. This bill prohibits this. rights and responsibilities are. are what I assume to be the unintended Should persons have adequate notice But, again, ultimately I feel that if consequences of this legislation. to deal with rate increases? Forty-five we enact this legislation, bad things So, Mr. Chairman, as people shoot at days is really not unreasonable if you are going to happen. And it’s not just a credit card companies, and there’s a get a rate increase on your credit card. theory that I have. It’s not just me per- number of them that need to be shot This bill accords 45 days’ notice of rate sonally. I mean, let’s listen to our own at, I hope they don’t end up wounding increases. Congressional Research Service. They hardworking, struggling American Should a person have the right to said: ‘‘Credit card issuers could respond families who rely on these credit cards have the payment go to the lowest in- in a variety of ways,’’ speaking of the to finance their small businesses, to terest rate so as to pay off that rate

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.086 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4964 CONGRESSIONAL RECORD — HOUSE April 29, 2009 first as opposed to the highest interest Congressman VAN HOLLEN of Mary- Mr. MAFFEI. I want to thank Chair- rate? Well, I think that we ought to let land is recognized for 2 minutes. man GUTIERREZ for yielding and for all people pay off the highest interest rate Mr. VAN HOLLEN. Mr. Chairman, his leadership. I want to thank the so that they can make sure that they this is an opportunity for all of us on a chairman of the full committee, BAR- are not going to have higher bills in bipartisan basis to stand up for con- NEY FRANK, as well. And especially I the future. sumers around this country. want to thank the former chairwoman The right time to do right is right I want to recognize the terrific lead- of the subcommittee, CAROLYN now. Let’s not become a victim of ership of Congresswoman CAROLYN MALONEY, for her persistence on behalf what’s known as the paralysis of anal- MALONEY, BARNEY FRANK, LUIS GUTIER- of American families. ysis. Let’s move forward. Let’s pass REZ and the members of the Finance Mr. Chairman, I rise to ask for sup- this legislation. Committee who put this together. port of this very important bill, be- Mr. GUTIERREZ. Mr. Chairman, I We all know we are facing uncertain cause I feel strongly that we must stop now yield 2 minutes to the gentleman times, and many Americans around the deceptive and unfair practices that from Minnesota (Mr. ELLISON), who this country are trying to figure out have taken advantage of honest con- came here to fight for our people here. how they can save, how they can plan sumers. Mr. ELLISON. Thank you, Mr. Chair- financially to get through this difficult For too long, credit card issuers have man, for yielding. period. And yet I have received lots of buried important details in the fine All appropriate thanks being given calls from constituents in my district print or never showed consumers the except for one person who deserves spe- who have talked about how the abusive 30-plus pages contract they are signing cial thanks. I believe Congresswoman and often unpredictable practices of onto. Credit card issuers then hit con- MALONEY must feel like a mother giv- some of the credit card companies have sumers with rate increases and fees, al- ing birth. This bill is phenomenal. I am made it impossible for them to plan. ways with the excuse, well, it’s in the so incredibly proud to be a friend of A lot of them have played by the contract. hers. rules for years. They have used credit I am okay with needing a lawyer to Let me say that I knew that we had responsibly. Yet now they are being close on a house, but regular people a problem in America when my 19-year- tripped up and surprised by unwar- shouldn’t need a lawyer just to get a old son, who didn’t have a job and was ranted increases in their credit card credit card. We must make sure credit a college student, kept getting solicita- fees and in their interest rates. cards have fair rules. tions for credit cards; but I was quite We all know about the Pew Chari- I hear time and again from people in convinced we had a real problem when table Trusts report that 93 percent of my district who have seen their inter- my 13-year-old son, who did nothing credit cards allow the issuer to raise est rates substantially increased on more than apply for a Sports Illus- any interest rate at any time by sim- their credit cards or the limits de- trated subscription, started getting ply changing the terms of the account creased for arbitrary reasons or no rea- credit card solicitations. without adequate notice. son at all. This is an issue that crosses I hope some people don’t have access Other cards allowed the issuer to im- into every part of my district. to credit, namely my 13-year-old son. I pose automatic penalty interest rate Without fail, someone shares some hope some people don’t get credit increases on all balances, even in cases story each time I am at home. One, for cards, people who cannot handle credit. when only a portion of the account was instance, is Reverend Aaron Overton of But credit card companies have given less than 30 days past due. In fact, 80 the Temple Baptist Church credit card solicitations out all over percent of the cards showed that hap- Baldwinsville, New York. He saw his the country to anyone, and so it’s no pened. credit card company raise the rate on doubt that some people have gotten A constituent who called my office his church’s existing balance to more credit cards who perhaps should not recently talked about how his card in- than 36 percent, even though he had have them. terest rate had been unfairly doubled evidence that his bill was always paid This legislation is about keeping and that it, quote, materially and ad- on time. And, believe me, this Baptist good credit card companies good. Not versely affected his family’s ability to church showed no risk of default or of all credit card companies engage in pay down their debt and borrow in the running away. some of these policies that even the future. The Credit Cardholders’ Bill of Federal Reserve Bank found were de- When they contacted the credit card Rights takes important steps to level ceptive and abusive. Some credit card issuer, all they got was no details as to the playing field. It provides that cus- companies didn’t engage in universal why they had been downgraded in their tomers receive 45 days’ notice of an in- default; some did. credit, just it was, quote, made an ad- terest rate increase. It institutes com- This bill sets a basis for an entire in- justment based on economic condi- monsense changes, such as requiring dustry so that good credit card compa- tions. that every statement display a clear nies never have to be tempted to en- Another constituent, somebody else due date. gage in some of these nefarious prac- who also had been on time and paid re- Finally, and most important to my tices just to stay competitive with liably, saw her interest rate jump from constituents, the Credit Cardholders’ companies that do. 9.5 percent to 16.99 percent. When she Bill of Rights ensures that companies I am happy that at least nine Repub- contacted the company, she was told cannot raise rates retroactively on ex- licans voted for this bill in committee. ‘‘the current financial conditions.’’ isting balances. Raising rates on pre- They understand the wedding of good That’s what she was told, not why she existing balances means that issuers policy and good politics. saw her interest rates go up. are raising rates on funds already dis- b 1745 We have heard reports of credit card bursed to customers, and that’s simply My friends, this bill is popular be- companies moving around the due unfair. cause it makes sense for the American dates or holding a payment in order to The credit card issuers have taken people. And so, from a partisan stand- trigger a late charge. Some credit card advantage of American families, small point, I hope I do see a bunch of red up companies mailed out bill statements businesses and even churches that are there from the other side of the aisle. close to the due date to trip up their too responsible to run away or default The fact is that in 2008, credit card consumers. but too financially strapped to pay off issuers imposed $19 billion in penalties Those are the kinds of practices we their balance. This is unfair at any and fees on families with credit cards. have got to put an end to. This is our time. But during a time of recession, it This year the credit card companies opportunity to say to the consumers, is unconscionable. will break all previous records. we’re on their side. This bill of rights for credit card- I am proud to be associated with this Mr. GUTIERREZ. I recognize the holders will restore fairness to the con- legislation. gentleman from New York, who I enjoy sumers. Mr. GUTIERREZ. I am delighted to working with on Judiciary and also on Mr. GUTIERREZ. If I could inquire of always see members of our leadership Financial Services, Mr. MAFFEI, for 2 the Chair how much time is remaining show up here. minutes. on each side?

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.087 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4965 The CHAIR. The gentleman from Illi- being cut, and we don’t have the bill in erage credit card debt among American nois has 18 minutes remaining. The place. In fact, what we are hearing households has more than doubled dur- gentleman from Alabama has 8 min- from many people on this floor, and ing the last 10 years. Today the aver- utes remaining. what we hear when we go home to our age family owes roughly $8,000, Mr. Mr. GUTIERREZ. I would like to districts, that oftentimes when you Chairman, on credit cards. The debt yield 11⁄2 minutes to someone who has a pay on time and do not go over your has helped generate record profits for great history of protecting, came here limit, interest rates can go up, and it’s the credit card industry. to continue to expand protection of totally legal. Unfortunately, a growing share of consumers, the gentleman from I have talked to constituents and the industry’s revenues don’t come be- Vermont (Mr. WELCH). others who have told me that their cause you took $200 at 10 percent, but Mr. WELCH. I thank you, Mr. Man- rates have doubled. They have called come because the industry’s revenues ager of the bill. I thank CAROLYN the issuers, and they don’t even have to come from deceptive practices such as MALONEY, the Representative who has give them a reason. Because, now, in universal default terms spelled out in provided leadership on this from the the very fine print, they can raise the very fine print. Financial Services Committee. rates any time, any reason, retro- As a matter of fact, we now know The legislation that is before us is actively on existing balances. that even the Federal Reserve Board overdue. It does provide basic trans- One astonishing hearing was when when they evaluated this situation parency and protection to consumers the head of Freddie Mac, Syron, testi- said, listen. I want the American peo- who had no rights to anything. fied before our Financial Services Com- ple to understand that it isn’t that But there are two things that I hope mittee, and he said that he and his wife they aren’t smart, it isn’t they can’t will be part of the future debate about read the credit card contract fine print read, it isn’t that somehow they didn’t protecting consumers. Not in this bill. for hours and could not figure out what get schooled well. Look, these things This bill on its own deserves to be it said. The Federal Reserve also came are designed to be deceptive. They are passed. forward and said that Reg Z or disclo- designed to trick you. But those two issues are, one, is it sure was not enough. They said the And so you get tricked, you get time to consider a cap on interest practices were unfair and deceptive and fooled. That’s what we are here for, to rates? And, number two, is it time to misleading, that the average citizen, make sure it no longer happens. And provide protection to the merchants, like the chairman of Freddie Mac, that has been independently confirmed. the small businesses? could not even understand what was in That’s the way they do it. That’s the I believe it is time to have an inter- the fine print. magic of what they do. And kind of the est rate cap. We have historically had This bill really is very balanced and recipe here is to make sure there is a it until the Supreme Court took those fair and allows consumers to have no- level playing field, and that’s what this away, but we have had caps on interest tice when interest rates are going up. thing does. as far back as the Babylonian times. They have 45 days’ notice, so they can The terms and conditions can be Commerce has succeeded when there decide whether they want to opt into changed. Not only is there fine print, have been reasonable interest rate this higher rate or go to another card but then they can change it with 15 caps. that has a lower rate and pay off their days’ notice at any time for any rea- It’s one thing if somebody gets notice balance. This will put competition into son. According to a recent Pew study, 100 that their interest rate is going to go the system, and, I believe, lower rates. percent of 400 types of credit cards that from 8 percent to 38 percent. But it I wanted to respond to the gentleman they reviewed contained in its terms at probably shouldn’t go up to 38 percent on the other side of the aisle. In good least one practice that has been found, and we ought to have a lid. times and in bad times, the issuers not by the Democrats, not by the Re- Second, there’s an argument that the have been opposed to this legislation, publicans, not by the Obama adminis- banks are making that this will com- and we need it now. We are in bad tration, but by the Federal Reserve to press credit, making it more difficult times. Consumers need protection. to get. The reality is that credit is Mr. GUTIERREZ. Mr. Chairman, in be unfair and deceptive. And 93 percent of the cards studied allowed for any shrinking already because of practices continuing our agreement, I am going time, any reason, repricing, allowing that have been excessive. to yield myself 5 minutes. That will an issuer to hike the APR on a con- Over 8 billion solicitations go out, put us at about the same amount of sumer’s credit card even if they never not just to consumers, but sometimes time on each side of the aisle. to their pets. There is an alarming par- Mr. Chairman, first of all, let me rise missed a payment. So I wanted everybody to understand allel between what is being done here in strong support of H.R. 627, the Credit we are not talking about people who in credit cards, or what has been done, Cardholders’ Bill of Rights Act of 2009. Let me once again thank the gentle- are late with their credit card bills, not and what happened in the subprime cri- paying late. They are not somehow lady from New York, Congresswoman sis. scofflaws. These are people who every Credit card issuers securitize and MALONEY, for her tireless effort and month paid on time, get it in to the work on defending consumers. I can’t pass off their risk to the secondary credit card company, and they are still think of a better legislative product market, pass on the losses by increas- increasing their interest rate. ing fees on responsible users of credit, that I could have as chairman of the In 2008, the House passed the Credit and they fail to exercise reasonable un- Subcommittee on Financial Institu- Cardholders’ Bill of Rights by a vote of derwriting standards. We have got to tions to bring before this House of Rep- 312–112, but it was unfortunately not change the business model so there is resentatives than the bill that the gen- signed into law. This year, once again, responsibility on both sides. tlelady has worked so tirelessly on under the leadership of Representative Mr. GUTIERREZ. I yield an addi- over many, many years. I am delighted CAROLYN MALONEY, we have taken up tional 2 minutes to the chief architect that I got this opportunity and it’s, in- H.R. 627, which appropriately carries and sponsor of this bill, the gentlelady deed, a great privilege. the name of its predecessor, and it has from New York (Mrs. MALONEY). We have more than 640 million credit moved swiftly to the floor for final pas- Mrs. MALONEY. I thank the chair- cards in circulation that account for an sage. man for yielding and for his leadership estimated $1.5 trillion of consumer on this important bill in so many spending. Clearly the U.S. economy has b 1800 areas. gone plastic. We must pass this legislation once I would like this time to respond to I mean, you have been around. No- again. Americans are suffering from my good friend and colleague on the body takes out a checking account rising unemployment rates, dramati- other side of the aisle, Mr. BACHUS, anymore. Nobody sticks their hand in cally falling household wealth and de- where he pointed out that the bill may their pocket and brings out cash. We clining real wages. I want to say that cause interest rates to rise and credit have become a credit card economy again. Americans are suffering from lines to be cut. and society. rising unemployment rates, dramati- But what we are hearing now, inter- But America’s love affair with credit cally falling household wealth and de- est rates are rising and credit lines are cards comes with a hefty price. The av- clining real wages, all of which makes

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.089 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4966 CONGRESSIONAL RECORD — HOUSE April 29, 2009 it harder for them to pay off their cred- trillion of consumer spending, the U.S. econ- ceptive practices with credit card com- it card debt. It makes it harder, more omy has clearly gone plastic. But America’s panies. I have congratulated the gen- difficult. love affair with credit cards comes with a hefty tlelady from New York for that title in If there was ever a time for the Con- price. The average credit card debt among her bill that would provide effective gress of the United States to step up American households has more than doubled disclosure. Consumers need it, they de- and defend consumers, it is now. We over the past decade. Today, the average mand it, and they are not receiving it. are in an economic crisis and melt- family owes roughly $8,000 on their credit But in taking one step forward, her down. Unemployment, millions of peo- cards. This debt has helped generate record legislation, unfortunately, probably ple are unemployed, and probably hun- profits for the credit card industry. takes 10 steps backwards. And ulti- dreds of thousands more will continue Unfortunately, a growing share of the indus- mately what is unfair, what is unfair, to be unemployed. try’s revenues come from deceptive tactics, Mr. Chairman, is in a time of a credit Look, all we are saying is we did a such as universal default terms spelled out in contraction to reach into people’s wal- lot for the banks. Everybody knows the fine print of cardholder agreements—the lets and take their credit cards away. that. When they were in tough shape, terms and conditions of which can be changed Ultimately, that is what this legisla- we did a lot for them. Can’t we do a lit- at any time for any reason with 15 days’ no- tion will do. Regardless of its noble in- tle bit for the consumer, for the person tice or less. tentions, that is what the legislation who has to tirelessly work at these According to a recent Pew study, 100 per- will do. jobs, and their wages are going down cent of the 400 types of credit cards they re- It is not just theory I have. It is his- and their health care benefits are going viewed contained in its terms at least one of tory. We have seen similar legislation down and everything around them the practices that have been found by the enacted in Great Britain, and that was seems to be just causing more and Federal Reserve to be unfair and deceptive. the impact. more anguish and suffering? That is And 93 percent of the cards studied by Pew Now, I have heard in the context of what I hear from the American people. allowed for any-time, any-reason repricing, al- the debate on the budget colleague The CHAIRMAN. The time of the lowing an issuer to hike up the APR on a con- after colleague on the Democratic side gentleman has expired. sumer’s credit card even if they’ve never of the aisle decry budget deficits. ‘‘The Mr. GUTIERREZ. I yield myself an missed a payment. budget deficit is horrible.’’ Well, it was additional minute, Mr. Chairman. In 2008, the House passed the Credit Card- $160 billion when they took it over, and So we have to pass this. holders’ Bill of Rights by a vote of 312–112 now it is going to $1.8 trillion. They in- Let me just end with this. Look, I un- but it unfortunately was not signed into law. creased it 10-fold. derstand that we don’t want to restrict This year, once again under the leadership of Now I hear Democratic colleague credit. We want people to have it. But, Representative CAROLYN MALONEY, we have after Democratic colleague lament the golly, if I go take a loan at 10 percent, taken up H.R. 627, which appropriately carries credit contraction. Yes, there is a cred- and then all of a sudden they charge the name of its predecessor, and moved it it contraction. Why do you want to me 20 percent on the same money I swiftly to the floor for final passage. worsen it? Why do you want to exacer- took at 10 percent, that is wrong. That We must pass this legislation once again. bate it? And when you engage in forms is just wrong. Nobody should be able to Today, Americans are suffering from rising un- of price controls, and you may come up change the terms. employment rates, dramatically falling house- with all kinds of different names for it, This is America, right? You shake hold wealth and declining real wages, all of but if you are going to restrict fees for hands, you make an agreement, you which make it harder for consumers to pay off people who pay their bills late—they say this is how much you are going to credit card debt. In fact, in 2008, we saw the need to be disclosed, people need an op- pay on that $100. But we know the cred- percentage of accounts 30 days past due rise portunity to pay off their bills—but ul- it card companies are not doing that. to an all-time high of 5.6 percent. On average, timately in a free market, people ought As a matter of fact, what they do is American families owe 24 percent of their in- to have consumer choice and they they say, you know, LUIS, that $1,000 come in credit card debt. ought to be able even with a checkered you took at 10 percent? I am not only These are daunting figures in an unstable credit past to get credit. going to charge you 20 percent on it, time, but Congress can and must do some- People are counting on these credit but, you know what? I am going to go thing about it, by making sure that unfair credit cards. Risk-based pricing. You are tak- back two or three months retroactively card practices and fees do not deter con- ing tools away from those who use it and charge you the 20 percent on that sumers from paying down their debt. The Fed- and you are leading to two con- money. eral Reserve has mandated new regulations sequences. Either, number one, half of That is wrong. And it is wrong when that mirror many of the protections included in America is paying their bill on time you pick up a telephone and you say, H.R. 627. I applaud the Board for its work on and you are going to force them listen, I just got my bill, but it is 3 the UDAP and Regulation Z changes, but I through this legislation to bail out the days before it is due. Can I pay you believe that this Congress should codify these portion of America that doesn’t; and over the phone? And they tell you yes, important consumer protections to send the for those who are struggling, you are for 15 or 20 bucks. message to the industry and consumers that going to deny them credit card options. The CHAIRMAN. The time of the Congress is serious about standing up for People need these credit cards for gentleman has again expired. consumer rights. their small business. They need it for Mr. GUTIERREZ. I yield myself 30 H.R. 627 would level the playing field be- personal items. I hear from the people additional seconds. tween card issuers and cardholders by apply- in my district. I hear from the Vehon I will end with this. How many peo- ing commonsense regulations that would ban family of Rowlett, who said, ‘‘We were ple in America haven’t picked up the retroactive interest rate hikes on existing bal- laid off from our jobs at the same phone to complain to a credit card ances, double-cycle billing, and due-date gim- time,’’ the gentleman talking about company, and if you get a little testy micks. It would also increase the advance no- himself and his wife. ‘‘We moved into with them, which I have because they tice of impending rate hikes, giving card- our first home together in July of that angered me, and I say, can you please holders the information and rights they need to year. Needless to say, the layoff was explain this to me, they go click. make decisions about their financial lives. quite a shock, and without access to Well, you know what we are doing I urge my colleagues to support this impor- our credit cards at the time, frankly, I today? We are going ‘‘click’’ right back tant consumer protection bill. don’t know what we would have done.’’ to the credit card companies, except Mr. BACHUS. Mr. Chairman, at this And yet the legislation before us could this time we are hanging up the phone time I yield 4 minutes to the gen- take away the credit cards of the on abusive practices here in America tleman from Texas (Mr. HENSARLING). Vehon family of Rowlett. against the American consumer. Mr. HENSARLING. Mr. Chairman, I I heard from the Howard family of Mr. Chairman, I rise in strong support of was listening very carefully to my col- Canton. ‘‘My wife and I use our credit H.R. 627, the ‘‘Credit Cardholders’ Bill of leagues on the other side of the aisle, cards, at times, to pay for medical-re- Rights Act of 2009.’’ and, again, I want to say I believe lated bills. My wife has a heart condi- With more than 640 million credit cards in every person in this Chamber would tion, which between her medical bills circulation that account for an estimated $1.5 agree that there are misleading and de- and mine we spend out-of-pocket

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.091 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4967 $18,000. And yes we had to put some of everything right. It is totally, totally b 1815 that cost on credit cards.’’ unfair. Here’s another one. And I think there I heard from the Juarez family in And there is absolutely no penalty in is a real difference of opinion about Mesquite. ‘‘I oppose this legislation. I this bill for anyone doing the right this because we have gone round and have utilized my credit cards to pay for thing. If anything, it protects them round on this one. It prohibits a cred- some costly oral surgeries. I don’t want from unfair and deceptive practices itor from informing a credit bureau to get penalized by this legislation for that could hinder and raise their inter- that they’ve opened a credit card with making my payments on time.’’ est rates. a, say, $10,000 limit on a customer until He mentioned that he would like Let’s not penalize the people that are such time as the customer uses that more choice, but that is basically one doing it right. Let’s not penalize the credit card, makes a charge against it. of the main goals of the bill. This bill people who desperately need credit in a Now, let me tell you what I have a is not a bill that takes away consumer credit contraction. We need disclosure. real problem with. What if somebody choice or infringes on anyone’s rights. We need adequate time to pay off bills. goes out and, hey, we’ve seen out- It simply says it is not right to be de- But don’t take away credit in a credit rageous schemes perpetrated on the ceptive, to be unfair or to engage in contraction. American people by some real crafty Mr. GUTIERREZ. Mr. Chairman, I anti-competitive practices. I would caution my friends on the individuals, as well as firms? What if yield 2 minutes to the gentleman from you went out and you got 10 credit Minnesota (Mr. ELLISON). other side of the aisle that voting against this bill is a rare opportunity cards for $10,000 apiece, you didn’t draw Mr. ELLISON. Mr. Chairman, don’t against any of them, you kept getting believe that unless this Congress al- to vote against the Federal Reserve, the body with the responsibility of them, and I’m a community bank and I lows some credit card companies to give you a 5 or $10,000 line of credit, abuse consumers, that no one will have safety and soundness in our financial institutions. They have come out in and I have no idea that you’ve opened credit. It is just not true. Don’t believe up 10 just like it? You borrow the that if we say no to double cycle bill- support of this bill with a rule that mirrors it to a great degree. The major money, and you walk away with ing, no to switching due dates around $100,000. Now, that can happen. That’s at random and arbitrary times, no to points of this bill are encompassed in the Federal rule. why the Fed looked at this and said, giving credit cards to minors, if we say whoa, no way. no to these kind of practices, it will This is a bill that protects our con- sumers and has been endorsed by many Now, here’s the third one. Look, I’ve not drive out credit in America. It is editorial boards and consumer groups got five children, and I am just like the nothing but fear-based stuff that will across the country. gentleman from Chicago. These credit allow credit card companies, that have Mr. BACHUS. Mr. Chairman, I yield card offers amaze me. But honest dif- made record profits, to continue to myself the balance of my time. ference of opinion. What you say here take advantage of American con- Let me be very clear again. This bill, is if you’re under 18 years old, unless sumers. we requested the Congressional Re- you’ve been emancipated by the State The Democrats, and many Repub- search Service to analyze the bill, and you’re a resident of, you can’t get a licans as well, are joining together to they came out, and I am going to intro- credit card. I don’t think that’s the say we are on the side of the American duce this, with about 18 things that right way to do it. I don’t think that’s consumer. Vote no to this bill at your this bill does. Fifteen of those things, right, because, let me tell you, there own peril. The fact is that with the including probably what we spent 90 are 16- and 17-year-olds in this country confusing disclosures that the gen- percent of our time on here today, the that they’ve been cut off by their par- tleman from Texas has accurately said Federal Reserve required in their an- ents. They’ve been abused by their par- are present, this bill says those things nouncement. There are four provisions ents. They’re out there working, and are wrong. We ask everyone to join in this bill that are not in the Federal they’re going to need this. with us to say the provisions that Reserve bill. So those are some differences of opin- allow these confusing disclosures Let me tell you, raising interest ions we have. But I will tell you this: should be stopped. We ask everyone in rates, we are all against that. The Fed Most of what you do, and I commend this Chamber to say no to this. says you can’t do it without good rea- you, what you have been proposing for The fact is, Mr. Chairman, if we don’t son, and it strictly defines the reason. years, and some of us on our side, is do something to protect the American There is something you hadn’t men- that the Federal Reserve is addressed. consumer, we are abdicating our re- tioned that the Fed does. It says if you But as I said to start with, I never sponsibility as stewards of this sacred have got a higher interest rate on cer- imply that we don’t have sincere dif- trust of being a Member of Congress. tain payments and a lower interest ferences on some of these points. This is the time to do something for rate on another, you have to either di- CONGRESSIONAL RESEARCH SERVICE, the American consumer. rect the payment at the higher interest Washington, DC, March 26, 2009. Mr. GUTIERREZ. I yield 2 additional rate, and your bill does too, or prorate MEMORDANDUM minutes to the gentlelady from New it, which is fair. To: House Financial Services Committee York (Mrs. MALONEY). Look, the American people are upset. From: Mark Jickling, Specialist in Financial Mrs. MALONEY. Mr. Chairman, I You are absolutely right. Credit card Economics, 7–7784. thank the gentleman for yielding and companies haven’t played by the rules. Subject: Comparison of H.R. 627 and the Fed- would like to respond to some of the A lot of them have. Some of them eral Reserve’s Credit Card Regulations. statements that my good friend on the haven’t. But that is really not a dif- This memorandum provides the compari- other side of the aisle made. ference of opinion, because we have the son you requested between H.R. 627, the He mentioned the Great Britain ex- Federal Reserve saying you can’t do it. Credit Cardholders’ Bill of Rights Act of 2009, ample, but in the Great Britain exam- Now, here are the things that the and the credit card regulations adopted by ple there were fee caps and interest Federal Reserve doesn’t do that your the Federal Reserve in December 2008. The rate caps. The Credit Card Bill of table below sets out the provisions of the bill bill does. Your bill says if the out- and the comparable provisions in the regula- Rights does not have any caps on fees standing balance on the credit card tions. or interest rates. It merely gives infor- consists only of accrued interest, and it The Fed’s credit card regulations involve mation to consumers to better manage could be several hundred dollars, then amendments to its Regulation AA (Unfair their credit and make decisions of how no fee may be imposed in connection Acts or Practices) and Regulation Z (Truth they would better manage their credit. with such balance, and the failure to in Lending). The Fed also issued rules re- He gave the example that he did not make timely repayments on the bal- lated to overdrafts on deposit accounts and want interest going up on consumers ance shall not constitute a default. returned checks by amending Regulation DD who are paying their cards on time and Now, I don’t understand that. Some- (Truth in Savings). The latter set of rules do not apply specifically to credit cards and are not going over the limit. Precisely body owes $600 or $700, they are not not included in the table. The texts of the what this bill does is protect those con- paying on the bill, but it is not consid- final rules, as printed in the Federal Reg- sumers from rate increases, any time, ered a default? Well, what is it? What ister, are online: [www.federalreserve. gov/ any reason, even when they have done is it? newsevents/press/bcreg/20081218a.htm]

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Issue H.R. 627—as introduced Federal Reserve regulations

Universal Default Clauses ...... Amends the Truth in Lending Act (TILA) to prohibit creditors from raising interest rates See below (‘‘Increasing Rates on Outstanding Balances’’) on an existing balance of a credit card account except for specified causes (see below). Also prohibits imposition of fees in lieu of a rate increase on an existing balance. (Sec. 2(a)). Raising Interest Rates ...... Interest rates on existing credit card balances may not be increased, unless the in- Requires banks, at the time an account is opened, to disclose all interest rates that crease is solely due to (1) a change in a published index not under the creditor’s will apply to the account. Banks may not increase those rates, except under certain control, (2) the expiration or loss of a promotional rate; or (3) the consumer’s min- conditions: (1) if a promotional rate expires, the rate may rise to a higher, pre- imum payment being at least 30 days overdue. In the case of expiration of a pro- viously-disclosed level; (2) rates may rise in a variable rate account if the rate is motional rate, the new rate may not exceed the rate that would have applied under linked to an index; (3) after one year, banks may raise rates for new balances after the terms of the agreement after expiration of the promotional rate. (Sec. 2(b)). giving 45 days advance notice; and (4) rates may increase if a minimum payment is received more than 30 days after the due date. (Reg. AA) Repayment of Existing Balances ...... If a creditor raises rates, but the higher rate does not apply to an existing balance, When different interest rates apply to different balances in a credit card account, the creditor must offer a 5-year amortization period for repayment of the existing banks must allocate payments in excess of the monthly minimum to the balance balance, and may not increase the percentage of the existing balance included in with the highest rate, or divide the excess payment among all balances on a pro the minimum payment by more than double. (Sec. 2(a)). rata basis. (Reg. AA) Advance Notice of Credit Card Rate Increases ...... Requires creditors to provide written notice at least 45 days before any rate increase Consumers must be given written notice of an interest rate increase at least 45 days takes effect. The notice must describe in a complete and conspicuous manner the before the higher rate takes effect. This includes rate increases stemming from de- change in the rate and the extent to which such increase will apply to an existing fault, delinquency, or a penalty. Change-in-terms or penalty rate notices must in- balance. (Sec. 2(c)). clude a summary table setting out the key terms being changed. (Reg. Z) Double-Cycle Billing ...... Prohibits double-cycle billing, or finance charges on balances on a credit card account Prohibits banks from imposing interest charges using the ‘‘two-cycle’’ billing method. that are based on days in billing cycles preceding the most recent such cycle. Ex- (Interest charges may not be calculated using the account balance for days in the ceptions are provided for deferred interest that may have accrued over several bill- previous billing cycle.) Exceptions are provided for deferred interest that may have ing cycles, and for adjustment of finance charges following resolution of a billing accrued over several billing cycles, and for adjustment of finance charges following dispute. (Sec. 3(a)). resolution of a billing dispute. (Reg. AA) Account Balances Attributable Only to Accrued Interest ..... If the outstanding balance on a credit card account consists only of accrued interest No comparable provision. to previously-repaid credit, no fee may be imposed in connection with such a bal- ance, and failure to make timely repayments on such a balance shall not constitute a default on the account. (Sec. 3(b)). Periodic Account Statement Disclosures ...... Each periodic credit card account statement shall contain a telephone number, Inter- Mandates new formats to clarify required disclosures, for example, by grouping fees net address, and web site at which the consumer may request the payoff balance and charges together. Both monthly and year-to-date totals for fees and interest on the account. (Sec. 3(c)). charges are required. The effect of making only the minimum payment must also be disclosed. (Reg. Z) Right to Cancel Account Before First Notice of Open Ac- Prohibits creditors from providing information about a credit card account to a con- No comparable provision. count Provided to Credit Bureau. sumer reporting agency (credit bureau) until the consumer has used or activated the card. Permits a creditor to furnish information about an application for a credit card account or any inquiry about such account to a consumer reporting agency. (Sec. 3(d)). Use of Certain Terms Describing Interest Rates ...... Specifies the way certain terms may be used. ‘‘Fixed rate’’ may only refer to a rate Advertising may use the term ‘‘fixed rate’’ only if the rate cannot be increased for any that may not change for any reason over a specified time period. The term ‘‘prime reason during a specified time period. If no time period is specified, the rate may rate’’ must not be used to describe a rate other than the rate published in Federal not increase for any reason as long as the account is open. (Reg. Z) Reserve statistical releases. (Sec. 3(e)). Due Dates and Timely Payments ...... Payments received by 5 p.m. (local time) on the due date must be considered timely; Banks may not treat a payment as late unless the consumer has been given a reason- electronic payments received by 5 p.m. must be credited to the consumer’s account able amount of time to make that payment. The ‘‘reasonable’’ standard will be met the same day; and evidence that a payment was mailed 7 days before the due date if banks mail statements at least 21 days before payment is due. (Reg. AA) creates a presumption of timely payment. (Sec. 3(e)). Mailed payments received by 5 p.m. shall be considered timely. If payments are not accepted on the due date (if it falls on a weekend or holiday), payment received the next business day must be considered timely. (Reg. Z) Pro Rata Payment Allocations ...... If the balance of a credit card account is charged 2 or more different interest rates When different interest rates apply to different balances in a credit card account, (e.g., separate rates for cash advances and purchases), the creditor may not allo- banks must allocate payments in excess of the monthly minimum to the balance cate more than a pro rata share of a consumer’s payment to the part of the out- with the highest rate, or divide the excess payment among all balances on a pro standing balance carrying the lowest interest rate. In the case of an outstanding rata basis. (Reg. AA) balance subject to a promotional rate, other balances must be paid in full before payment (in excess of the minimum payment) is allocated to that balance. In addi- tion, a creditor may allocate the entire amount paid to a balance on which interest has been deferred for the past 2 billing cycles. (Sec. 3(f)). Prohibition on Restricted Grace Periods ...... If a creditor offers cardholders a grace period within which to pay in full and not incur No comparable provision. finance charges, that grace period must be available to cardholders who receive a promotional rate or deferred interest plan. (Sec. 3(f)). Timely Provision of Periodic Account Statements ...... Creditors must send consumers periodic account statements not less than 25 calendar Banks may not treat a payment as late unless the consumer has been given a reason- days before the due date. (Under TILA, the current standard is 14 days.) (Sec. 3(g)). able amount of time to make that payment. The ‘‘reasonable’’ standard will be met if banks mail statements at least 21 days before payment is due. (Reg. AA) Consumer Choice Regarding Overthe-limit Transactions, If a credit card plan has a credit limit, and fees are charged for exceeding that limit, No comparable provisions. (A provision regarding holds on accounts that cause an ac- and Limits on Related Fees. consumers would be able to prevent the creditor from completing any transaction count to go over-the-limit was part of the proposed regulations, but was not adopt- that would exceed the limit. (Federal Reserve would issue regulations to provide for ed in the final rules. See: Federal Register, Jan. 29, 2009, p. 5505.) certain de minimis exceptions.) Consumers must receive annual notification of their right to opt-out of such fee-incurring transactions. Over-the-limit fees may be im- posed only once over the two billing cycles following the transaction that exceeded the credit limit. An over-the-limit fee due to a hold may not be imposed unless the actual transaction for which the hold was placed would have resulted in the con- sumer exceeding the credit limit. (Sec. 4). Information Collection Regarding Credit Card Lending ...... Directs the Federal Reserve to collect semiannual data on the types of transactions for No comparable provision. which different rates are charged, the various types of fees, the number of card- holders who pay fees, finance charges, or interest, and other matters. The Fed shall report annually to Congress on the amount of credit card lenders’ income derived from: interest paid at above and below 25%; fees from cardholders and merchants; and other material sources of income. (Sec. 5). Subprime or ‘‘Fee Harvester’’ Cards ...... For cards whose annual fees exceed 25% of the credit limit, no payment of any fees Banks are prohibited from providing financing for security deposits and fees (such as (other than late fees or over-the-limit fees) may be made from the credit made account-opening or membership fees) if charges during the first 12 months would available by the card. (Sec. 6). exceed 50% of the initial credit limit. Such fees and deposits charged at the time the account is opened may not exceed 25% of the credit limit. Any additional fees (up to 50%) must be spread over at least 5 billing periods. (Reg. AA) Underage Consumers ...... Prohibits the issuing of credit cards to consumers less than 18 years old, except to No comparable provision. consumers who are emancipated under applicable state law. (Sec. 7). Applications and Solicitations ...... No provision...... Modifies required disclosures as to format and content. For example, key terms must be more clearly displayed, and new disclosures are required about penalty rates, grace periods, and variable rates. (Reg. Z) Effective Date ...... 3 months after enactment. (Sec. 8) ...... July I, 2010

Mr. GUTIERREZ. I yield myself the personally or question our motives product? Because then the consumers balance of my time. about what we do and why we do it be- know what they’re getting and what Well, let me first of all say, I look cause, for me, the bill does not equate they’re not getting and they can say, forward to continuing working with to price controls. And I think a lot of no, I don’t want that, or, yes, I do want the ranking member of the full com- America, listening to my friends on the that. mittee, SPENCER BACHUS. We have, in- other side of the aisle, think there’s Transparency promotes competitive- deed a great, I think, friendship. And price controls here. There are none. ness in the marketplace, which will we have a difference of opinion. That’s There is no limit in this bill on the in- eventually bring prices down. If you what it is. And in America you can do terest rate that you can charge. None know what the price of something is at that. That’s part of what makes this Store X and Y and Z, you’re going to go whatsoever. Free market. the best Nation in the world. where you can get the best deal be- And I look forward to continuing our Rather, what the bill does is it brings cause that’s what Americans do. That’s discussion with Mr. HENSARLING. We transparency. It brings openness to the what this bill really does. may not agree, but we will agree not to credit card marketplace. What could be What this bill does is it tells the con- be disagreeable or attack each other better than to shine daylight on any sumers and the credit card issuers,

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A29AP7.051 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4969 honor your contract. Here’s the con- trated. They’re outraged by what cred- consumer credit plan, and for other tract. You told me it was 10, you told it card companies are doing. purposes, had come to no resolution me it was 15, you told me it was 20 per- Ms. LINDA T. SA´ NCHEZ of California. Mr. thereon. cent. You can’t change it. Chair, I rise in strong support of H.R. 627, the Under existing law, issuers can Credit Cardholders Bill of Rights Act. f change the contract terms in the mid- I’d like to thank Congresswoman MALONEY REPORT ON RESOLUTION PRO- dle of the game. And what do they for her work on this issue. She has been a VIDING FOR FURTHER CONSID- leave consumers with? As we know, we longtime champion of credit card reform and I ERATION OF H.R. 627, CREDIT have a constricting credit, with noth- wholeheartedly support her efforts. CARDHOLDERS’ BILL OF RIGHTS ing but to pay the higher interest rate. The Credit Cardholders Bill of Rights Act ACT OF 2009 You know, I want to tell the Amer- could not be more timely. The constant stress ican people that right now, credit card of mounting bills in the face of skyrocketing Mr. PERLMUTTER, from the Com- companies can issue cards to 14-, 15-, unemployment and a foreclosure epidemic has mittee on Rules, submitted a privi- 16-year-olds that are not emancipated. American families caught between a rock and leged report (Rept. No. 111–92) on the Now, who’s going to pay those credit a bigger rock. resolution (H. Res. 379) providing for card bills? Mommy, Daddy, that’s More and more working families have been further consideration of the bill (H.R. who’s going to pay them. We all know forced to rely on credit cards to cover basic 627) to amend the Truth in Lending Act that. Who’s going to leave their kids living expenses. The least we can do is make to establish fair and transparent prac- out there? No one is. All good parents sure the credit card issuers are fair, open, and tices relating to the extension of credit are going to say, well, that’s my child, honest about rates and terms. under an open end consumer credit my son. I’m responsible for my daugh- For decades, credit card companies have plan, and for other purposes, which was ter. I’m responsible. And the credit been allowed to operate under special rules referred to the House Calendar and or- card companies know it. They know it. that, under any other circumstances, would be dered to be printed. I don’t know this to be a fact, but I’m considered outlandish. f sure they’re checking into just what Take for instance the credit card industry’s your credit ability is, and they say, ability to raise an unsuspecting cardholder’s MESSAGE FROM THE SENATE well, Daddy can pay. Mother can pay. interest rate because he was one day late Let’s give the child. paying a different card belonging to a different A message from the Senate by Ms. And listen, I want to make one thing company. Where else can creditors suddenly Curtis, one of its clerks, announced clear. Even though the bill says 18, you change the rules in the middle of a game? that the Senate agrees to the report of know, emancipation, come on. In It’s like an umpire deciding that a batter hit the committee of conference on the America, what 18-year-old is emanci- by a pitch can take two bases instead of one disagreeing votes of the two Houses on pated? You’re not emancipated. in the middle of a baseball game. Consumers the amendment of the House of Rep- They’re 19, 20, 21, 22, and nobody are playing an unfair ball game and there’s no resentatives to the Concurrent Resolu- throws their kids out of the house. Ev- way to win. tion (S. Con. Res. 13) entitled ‘‘Concur- erybody keeps them and cherishes Cardholders continue to pay millions of dol- rent Resolution setting forth the con- them and nurtures them and continues. lars in hidden charges, outrageous late fees, gressional budget for the United States Credit card companies know that, too, and unpredictable interest rates. Government for fiscal year 2010, revis- when they’re issuing credit cards. Despite the fact that most consumers make ing the appropriate budgetary levels College students, you’re paying tui- monthly payments that are more than the min- for fiscal year 2009, and setting forth tion. You’re paying for their room and imum required, cardholders cannot seem to the appropriate budgetary levels for board. You’re paying for their health make a dent on the average credit card debt fiscal years 2011 through 2014.’’. care. You’re paying for their clothes, of $8,600. f and then they send them a credit card There’s a term for such one-sided contracts: to undermine your ability to give your UNCONSCIONABLE. And that’s exactly what APPOINTMENT AS MEMBER TO AD- child a college education. these credit card agreements are. VISORY COMMITTEE ON THE And listen, everywhere you go in In the midst of the worst economic crisis RECORDS OF CONGRESS America, you want to buy clothes? since the Great Depression, I am certain that The SPEAKER pro tempore. Pursu- Take a credit card. You want to fix the passage of the Credit Cardholders Bill of ant to 44 U.S.C. 2702, and the order of your car? Got a credit card for you. Rights Act is simply the ‘‘right thing to do.’’ the House of January 6, 2009, the Chair Want to go buy a refrigerator? Take it Provisions in the bill will level the playing announces the Speaker’s reappoint- on a credit card. Everybody offers you. field for consumers by barring credit card com- ment of the following member on the So what we have is an economy that’s panies from raising interest rates without prop- part of the House to the Advisory Com- on credit card basis. So all we’re saying er and timely notification. mittee on the Records of Congress: is, hey, since this has been promoted so These much-needed changes are long over- Mr. Joseph Cooper, Baltimore, Mary- much, let’s make sure that we do this. due and will help struggling debtors from sink- land And listen, I remember when I didn’t ing deeper in a financial hole. make $174,000 as a Member of Congress. I urge my colleagues, on both sides of the f I remember when I lived paycheck to aisle, to join in fixing the inequities in the cred- paycheck. I remember when the credit it card industry by supporting this vital legisla- COMMUNICATION FROM THE card companies would increase the in- tion. REPUBLICAN LEADER terest rate or tell me, Mr. GUTIERREZ, Mr. GUTIERREZ. I yield back the The SPEAKER pro tempore laid be- through no fault of your own, we’re not balance of my time. fore the House the following commu- going to extend you any more credit. The CHAIR. All time for general de- nication from the Honorable JOHN A. Pay down your bill at this credit inter- bate has expired. BOEHNER, Republican Leader: est rate higher than the one you took Pursuant to the previous order of the HOUSE OF REPRESENTATIVES, it out. I remember. Maybe we should House, the Committee rises. Washington, DC, March 3, 2009. all go back to remembering when Accordingly, the Committee rose; Hon. NANCY PELOSI, things weren’t so rosy in our own per- and the Speaker pro tempore (Ms. MAR- Speaker, U.S. Capitol, Washington, DC. sonal lives in terms of being Members KEY of Colorado) having assumed the DEAR SPEAKER PELOSI: Pursuant to 44 of Congress and put ourselves in the chair, Mr. CUELLAR, Chair of the Com- U.S.C. 2702, I am pleased to re-appoint Mr. position of people who live paycheck to mittee of the Whole House on the State Jeffrey W. Thomas of Ohio to the Advisory paycheck. If we do that tomorrow, I of the Union, reported that that Com- Committee on the Records of Congress. Mr. mittee, having had under consideration Thomas has expressed interest in serving in think what we’re going to do is we’re this capacity and I am pleased to fulfill his going to stand on the side of con- the bill (H.R. 627) to amend the Truth request. sumers. in Lending Act to establish fair and Sincerely, As Mr. BACHUS says, consumers are transparent practices relating to the JOHN BOEHNER, angry. The American public is frus- extension of credit under an open end Republican Leader.

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.095 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4970 CONGRESSIONAL RECORD — HOUSE April 29, 2009 APPOINTMENT OF MEMBERS TO this House floor to address my col- or more in Iran’s energy sector. The THE CONGRESSIONAL-EXECU- leagues and bring to their attention other piece of legislation, H.R. 1985, TIVE COMMISSION ON THE PEO- the danger that Iran poses to Israel. I would sanction any entity engaged in PLE’S REPUBLIC OF CHINA shared with my colleagues some of the activities that contribute to Iran’s The SPEAKER pro tempore. Pursu- things that the Iranian leader had said ability to import gasoline or fine pe- ant to 22 U.S.C. 6913, and the order of about Israel to illustrate the serious- troleum. the House of January 6, 2009, the Chair ness of the threat. I am a sponsor of these bills, and I announces the Speaker’s appointment Madam Speaker, the Iranian Presi- believe that sanctions will increase of the following Members of the House dent, Mahmoud Ahmadinejad, has pressure on the Iranian regime to to the Congressional-Executive Com- again spoken. Last week, at the open- change course and abandon its pursuit mission on the People’s Republic of ing day of the United Nations Anti- of nuclear weapons. China: Racism Conference, the Iranian Presi- The Days of Remembrance call us to dent was given a platform on which to soberly evaluate the changes to peace Mr. LEVIN, Michigan, Co-Chairman spread racist and hateful views. In his we face and take swift action as best Ms. KAPTUR, Ohio address to the conference, he called we can to address them. Mr. HONDA, California Israel ‘‘the most cruel and racist re- Madam Speaker, I ask the House of Mr. WALZ, Minnesota gime,’’ said that Zionism ‘‘is a paragon Representatives to quickly approve the Mr. WU, Oregon of racism,’’ and said the creation of Iran Sanctions Enabling Act and the Mr. SMITH, New Jersey Israel was founded on ‘‘the pretext of Iran Diplomatic Enhancement Act. Mr. MANZULLO, Illinois Jewish sufferings and the ambiguous ‘‘Never again: What we do does mat- Mr. ROYCE, California and dubious question of the Holo- ter.’’ Mr. PITTS, Pennsylvania caust.’’ f f While the Iranian leader’s comments A KINDER, GENTLER MARXISM COMMUNICATION FROM THE are disturbing in any context, it is REPUBLICAN LEADER even more troublesome that he would The SPEAKER pro tempore. Under a question the Holocaust on the day be- previous order of the House, the gen- The SPEAKER pro tempore laid be- fore we celebrated the Holocaust Re- tleman from Texas (Mr. CARTER) is rec- fore the House the following commu- membrance. ognized for 5 minutes. nication from the Honorable JOHN A. It is hard to understand how the Mr. CARTER. Madam Speaker, re- BOEHNER, Republican Leader: United Nations and so many other cently I read an article by Gene Ed- HOUSE OF REPRESENTATIVES, ward Veith entitled, ‘‘A Kinder, Washington, DC, March 3, 2009. countries fail to take the Iranian Hon. NANCY PELOSI, threat seriously. It is more than ironic Gentler Marxism.’’ Speaker, House of Representatives, that the U.N. would give one who has He begins his comments by saying, Washington, DC. denied the Holocaust and advocated for ‘‘Barack Obama is not a socialist, ex- DEAR SPEAKER PELOSI: Pursuant to Section the destruction of Israel the oppor- plained Eric Etheredge of The New 333(a)(2) of the Consolidated Natural Re- tunity to speak at a conference con- York Times, he is a ‘‘social democrat.’’ sources Act of 2008 (P.L. 110–229), I am vened to combat hatred and racism. The administration’s attempt to con- pleased to appoint Mr. Danny Vargas of Although the United States and a few trol private companies and the free Herndon, Virginia as a voting member of the market should not alarm us, according Commission to Study the Potential Creation countries had the sense to boycott the of a National Museum of the American summit and thereby refuse to lend to Etheredge and other pundits. Euro- Latino. credibility to the conference and pean nations do this all the time. It is Dr. Aida Levitan of Key Biscayne, Florida speakers like Ahmadinejad, too many simply an application of the European and Mrs. Rosa J. Correa of Bridgeport, Con- nations continue to act with compla- political and economic theory known necticut were previously appointed and shall cency. as ‘‘social democracy.’’ remain voting members. Last Thursday, our Nation’s leaders We were promised several things by Mr. Vargas has expressed interest in serv- gathered in our Rotunda here in the our President during his campaign. He ing in this capacity and I am pleased to ful- promised us government reform, a re- fill the request. Capitol for the National Commemora- Sincerely, tion of the Day of Remembrance to re- newed and repaired economy, and more JOHN A. BOEHNER, member the 6 million Jews who were ethical business practices. And he did Republican Leader. murdered in the Holocaust. The theme all this as we watched our economy f of this year’s events was, ‘‘Never crash. Again: What You Do Matters.’’ That After these 100 days in office, we need SPECIAL ORDERS theme is a message for all of us to take to illuminate the path that this admin- The SPEAKER pro tempore. Under very seriously. istration is actually taking us down. It the Speaker’s announced policy of Jan- When we say ‘‘never again,’’ we need could be the path that leads us from uary 6, 2009, and under a previous order to think about the current threats to limited government, that stimulates of the House, the following Members peace and security and take appro- our economy naturally, to a govern- will be recognized for 5 minutes each. priate action to prevent senseless vio- ment mostly aligned with social de- f lence. Iran’s pursuit of nuclear weap- mocracy like the social economies of Western Europe, with massive taxes The SPEAKER pro tempore. Under a ons is an existential threat to the peo- and chronic high unemployment. previous order of the House, the gen- ple of Israel and a grave danger to the rest of the world. An objective definition of social de- tleman from Texas (Mr. POE) is recog- Madam Speaker, the things we do do mocracy from Merriam-Webster’s on- nized for 5 minutes. matter. It is time for us to join to- line dictionary is as follows: ‘‘A polit- (Mr. POE of Texas addressed the gether and confront this Iranian ical movement advocating a gradual House. His remarks will appear here- threat. and peaceful transition from cap- after in the Extensions of Remarks.) Today, Israel celebrates its 61st anni- italism to socialism by democratic f versary of its independence; again, a means.’’ Or a second definition, ‘‘A b 1830 day in which we ought to remember democratic welfare state that incor- the threat that still remains. Congress porates both capitalist and socialist NEVER AGAIN: WHAT WE DO DOES can take action to address this threat practices.’’ MATTER by approving H.R. 1327, the Iran Sanc- So this political and economic sys- The SPEAKER pro tempore. Under a tions Enabling Act, and H.R. 1985, the tem either moves from capitalism to previous order of the House, the gen- Iran Diplomatic Enhancement Act. socialism or combines both capitalism tleman from Kansas (Mr. MORAN) is The Iran Sanctions Enabling Act and socialism to form a welfare state. recognized for 5 minutes. gives States and local governments the We need to know more. Mr. MORAN of Kansas. Madam authority to divest their assets from Here is the first paragraph from the Speaker, a few weeks ago, I came to any company that invests $20 million Encyclopedia Britannica about social

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.098 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4971 democracy. ‘‘A political ideology that scription above the entrance to hell Mrs. Yokota, waiting for over three advocates a peaceful, evolutionary reads, ‘‘Abandon hope all ye who enter decades for the return of her little girl transition of society from capitalism here.’’ That should also, sadly, be the snatched away by agents of North to socialism using established political inscription above the DMZ for those Korea. It is in the tears of our own processes. turning northward, for North Korea is American citizens, Mary Ling, waiting ‘‘Based on 19th century socialism and truly hell on Earth. for the return of her daughter, jour- the tenets of Karl Marx and Friedrich This is a land where the techniques nalist Laura Ling. Laura was grabbed, Engels, social democracy shares com- of torture and brainwashing have been along with fellow U.S. journalist Euna mon ideological roots with com- finely perfected, as portrayed in the Lee, 6 weeks ago by North Korean bor- munism, but eschews its militancy and film ‘‘The Manchurian Candidate.’’ der guards and then imprisoned in the totalitarianism. Social democracy was This is a land where political prisoners gulag. originally known as revisionism be- labor under conditions of slow starva- Human rights is also found in the cause it represented a change in basic tion and massive abuse, as reflected in tears of a Chicago citizen, Esther Kim, Marxist doctrine, primarily in the the South Korean drama ‘‘Yoduk waiting for the return of the remains of former’s repudiation of the use of revo- Story.’’ her husband, U.S. permanent resident lution to establish a capitalist soci- Madam Speaker, I wish I could say Kim Dong-shik. Reverend Kim was kid- ety.’’ that North Korea was no more scary napped by North Korean agents in These definitions, paired with some than an Orwellian novel or a Cold War China 9 years ago while helping refu- of the actions we’ve seen so far in the movie or a tragic musical production. gees, and reportedly died of starvation administration, cause us concern that Sadly, however, North Korea is no and torture at a North Korean military they may be indicative of gradual mere bogeyman who disturbs a child’s base. It is found in the tears of Israeli movement towards social democracy. dreams in the shadows of the night. apartment dwellers hit by missiles de- We’ve got the stimulus bill, we’ve got North Korea is a frightening reality, a veloped by North Korea for Hezbollah the bank bailouts, now we’ve got the daily reality for over 23 million people. in southern Lebanon in 2006 from tun- proposal that they will own 50 percent It is an immediate threat to our Armed nels dug with North Korean assistance. of General Motors, along with a 39 per- Forces in the Pacific and to our allies It is a grim picture, but we must not cent share for the unions, a 10 percent in South Korea and Japan. It is a pro- despair, Madam Speaker. Justice will share for the bondholders, and a 1 per- liferation of weapons of mass destruc- ultimately prevail. In the same manner cent share for the stockholders. As a tion to fellow rogue regimes in the that we prevailed against the evil em- result of these actions, the Federal Middle East. pire and Soviet-style Communism, Government’s outrageous spending now North Korea haunts us all, but it is with perseverance, with dedication to equals almost 90 percent of gross do- no mere ghost, it is a real and constant the defense of human rights, and the mestic product. The GDP for last year threat. That is why I introduced last promotion of core democratic prin- was 14.2, and now 12.8. week a bill, H.R. 1980, the North Korea ciples, the suffering of the North Ko- So the question is, did we elect a Sanctions and Diplomatic Nonrecogni- rean people can also be brought to an President because we wanted to have a tion Act. United we must stand for end. May it be so. social democracy system? When Ameri- North Korean human rights and for an f cans cast their vote for Barack Obama end to the repression of innocent HONORING REVEREND TIMOTHY and they cast it for the Democratic human beings. For if we wish to find WRIGHT Congress, did they also intend that this the real meaning of repression, we country should adopt social democ- should turn our gaze to Pyongyang. If The SPEAKER pro tempore. Under a racy, that lesser form of Marxism? we seek the true definition of torture, previous order of the House, the gen- These are issues we need to talk we need look no further than the kill- tleman from New York (Mr. TOWNS) is about. And if this is the place our ing fields of North Korea. We must not recognized for 5 minutes. country is going, then maybe we need forget the horrific accounts which our Mr. TOWNS. Madam Speaker, I rise to amend or adopt new founding docu- emaciated prisoners of war brought today in honor of Reverend Timothy ments that more fit this form of gov- back to America after the 1953 Armi- Wright, a loving husband, a dedicated ernment. stice. father, faithful pastor, and compas- These are thoughts we ought to all We must not turn a deaf ear to the sionate humanitarian. Grammy-nomi- think about. I know I’m thinking haunting tales of refugees and returned nated singer and composer, and also about them. I hope you are, too. abductees who are among the fortunate my dear friend. few who are able to escape this hell on f Sadly, last week, Reverend Wright, Earth. We must not silence our con- the founder of the Grace Tabernacle The SPEAKER pro tempore. Under a sciences in the name of diplomatic ex- Christian Center in Brooklyn, passed previous order of the House, the gen- pediency. To be silent on fundamental away. He had suffered for nearly a year tleman from Florida (Mr. BOYD) is rec- freedoms and human rights is to tell with complications resulting from a ognized for 5 minutes. the despotic leader, Kim Jong Il, that tragic traffic accident that claimed the (Mr. BOYD addressed the House. His he can avoid these issues indefinitely. life of his wife, grandson, and of course remarks will appear hereafter in the To be silent is to be an enabler. the driver who hit his car head on. Extensions of Remarks.) We must highlight how prison guards Despite his struggles against improb- f cut still living babies out of the refugee able odds, having undergone numerous The SPEAKER pro tempore. Under a mothers’ wombs and slam their heads surgeries, Reverend Wright maintained previous order of the House, the gen- on the pavement for the so-called unwavering faith in his God, even in tleman from North Carolina (Mr. crime of being the mixed blood seed of the darkest hour. JONES) is recognized for 5 minutes. Chinese fathers. We must shed light on (Mr. JONES addressed the House. His the imprisoned Christians who were b 1845 remarks will appear hereafter in the martyred by having hot molten metal Through his example, he showed us Extensions of Remarks.) poured on their exposed flesh. The exe- that, although he was physically down, f cutions carried out for stealing a little he was spiritually vibrant. food to keep one’s child alive during Committed to his professed calling in NORTH KOREAN FREEDOM AND the famine. The refugees hunted down life, one of the reverend’s main desires HUMAN RIGHTS or trafficked in the sex trade in China. in his last days was to return to his The SPEAKER pro tempore. Under a On a regular business day in our Na- Brooklyn pulpit where he could encour- previous order of the House, the gentle- tion’s Capitol, the topic of human age his congregants. I believe that his woman from Florida (Ms. ROS- rights and oppression may seem rather ability to be selfless during great suf- LEHTINEN) is recognized for 5 minutes. abstract. But human rights is found in fering is evidence of a man who treas- Ms. ROS-LEHTINEN. Madam Speak- each individual, case by case, and in ured, loved and lived life to the fullest er, in Dante’s ‘‘Divine Comedy,’’ the in- their tears. It is found in the tears of that way as well.

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.102 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4972 CONGRESSIONAL RECORD — HOUSE April 29, 2009 Rev. Wright understood and dem- (Mr. MCHENRY addressed the House. uals or members of organizations or re- onstrated that life is not defined by ev- His remarks will appear hereafter in ligious groups whose ideas or words eryday circumstances, nor is it about the Extensions of Remarks.) may have influenced a person’s one’s accomplishments. He defined life f thoughts or motivations when he com- by his love for people. Rev. Wright’s mitted a crime. life was embodied in the example of the THE PASSAGE OF THE LOCAL LAW Under such a bill, individuals who way he treated people and by the sac- ENFORCEMENT HATE CRIMES may not have even been aware of the rifices he made for his family, for his PREVENTION ACT crimes could receive the same or simi- church and for the Brooklyn commu- The SPEAKER pro tempore. Under a lar penalties as the criminal, himself, nity. It was not uncommon to find him previous order of the House, the gen- receives. It would only take some arbi- giving tirelessly for a charitable cause, tleman from Arizona (Mr. FRANKS) is trary prosecutor to construe that an lending an ear to someone in despair or recognized for 5 minutes. individual had influenced the beliefs or even extending personal resources to Mr. FRANKS of Arizona. Madam thoughts of a perpetrator of a crime help anyone who needed him. He Speaker, with all of the challenges that and, thereby, somehow caused hateful reached out to those society had we have in our country, the wonderful or violent acts. This raises the very thrown away. The reverend thought reality is that we still hold these real possibility that religious leaders that adversity kept you humble and truths to be self-evident that all men or members of religious groups could that sacrifice was a way to dem- are created equal and that they are all be prosecuted criminally based on their onstrate faith in God’s promise. equal because they are all God’s chil- speech, association or other activities Many the world over will remember dren. that have been specifically protected the surmountable feats Rev. Wright ac- In fact, Madam Speaker, the essence by the First Amendment of our Con- complished as a renowned musician. of America is that all people should be stitution for the last 220 years. Having released more than a dozen gos- treated with the same respect and Madam Speaker, this would have a pel albums over the span of his 40-year should be protected completely equally devastating and chilling effect on free career, Rev. Wright’s songs of praise under the law. To break up people into speech in America. Who could blame and worship were a blessing to all who different categories and say that one pastors, educators or any other cul- had an opportunity to hear and to ex- group is more worthy of protection tural leaders if they chose to cease ex- perience the testimonies he shared than another and then to grant special pressing their beliefs for fear of being through his music. From his 1984 song protection to some groups and not to thrown in prison and charged with a ‘‘Testify’’ to his Grammy-nominated others, it fundamentally diminishes Federal crime? This is not rhetorical album ‘‘Come Thou Almighty King,’’ the protection of all of the other re- speculation. It has already happened in Rev. Wright’s music touched millions maining groups. the case of the Philadelphia 11 and in all around the world. His final one was Madam Speaker, a short time ago, other cases. In the Philadelphia 11, 11 ‘‘Jesus, Jesus.’’ That was a tremendous this body voted to pass H.R. 1913, the individuals were jailed, and they faced record, and of course, many people Local Law Enforcement Hate Crimes $90,000 in fines and 47 years in prison were able to purchase it and to know Prevention Act of 2009, and I believe for simply speaking the gospel openly him in terms of what he was all about. that it did just that. Regardless of and publicly. Born and raised in Brooklyn’s Bed- whether a person is white, black, One unscrupulous government entity ford-Stuyvesant neighborhood, the handicapped, healthy, sick, old, young, plus this hate crimes legislation equals passing of Rev. Wright is a great loss homosexual, heterosexual, rich, poor, a the perfect combination for tearing to Brooklynites, to New Yorkers and janitor, a Senator, a veteran, a police away from American citizens some of to, in fact, the world over because of officer, a senior, or whatever the case the most basic constitutional rights in his humanitarian spirit and, of course, is, he deserves equal protection under our Nation’s history. Advocacy groups his dedicated life in terms of how he the law. That is the foundational and religious organizations will be felt and served people. He was an im- premise of this Nation. The legislation chilled from expressing their ideas out portant voice and tireless advocate, that we voted on today moves us all di- of fear of criminal prosecution. In fact, concerned about the everyday issues rectly away from that basic foundation ‘‘chilled’’ is probably a profound under- that strangled his fellow neighbors. He in a profound and dangerous way. statement. Many will be simply terri- hoped for the things his community This legislation would prosecute indi- fied or intimidated into complete si- hoped for, and he cared about the viduals not on the bases of their crimes lence. things that his parishioners cared but on their alleged motivations for The fundamental purpose of this about—family, friends and community. committing those crimes. It requires body is to protect the lives and the The immeasurable contributions and law enforcement officials and prosecu- constitutional rights of the American countless investments that Rev. tors to gather evidence of the offend- people regardless of who they are or Wright made in the lives of people will er’s thoughts rather than of his actions what they believe. Unfortunately, the far outlive his time on this Earth. Now and his criminal intent. This should hate crimes legislation will do just the absent in life, he will remain forever strike us all as inherently dangerous. opposite by granting unequal protec- with us as his music, message and his The First Amendment of our Con- tions based on personal beliefs and legacy live on. stitution was crafted because our thoughts, and it will endanger the con- Let me just conclude by saying, Founding Fathers recognized that the stitutional liberties of millions of ‘‘Sleep on, Rev. Wright. Sleep on. You freedom of thought and belief is the Americans. truly made a difference, and I’m happy cornerstone of every other freedom. It f to have had an opportunity to know is the foundation of liberty, itself, be- The SPEAKER pro tempore. Under a you and to live during your lifetime.’’ cause, without it, every other freedom, previous order of the House, the gentle- f including the freedom of speech, be- woman from California (Ms. WOOLSEY) The SPEAKER pro tempore. Under a comes meaningless. is recognized for 5 minutes. previous order of the House, the gentle- Madam Speaker, there is another in- (Ms. WOOLSEY addressed the House. woman from California (Ms. ROYBAL- sidious aspect of this legislation which, Her remarks will appear hereafter in ALLARD) is recognized for 5 minutes. I believe, would have the most tolerant the Extensions of Remarks.) (Ms. ROYBAL-ALLARD addressed Americans up in arms if they were f the House. Her remarks will appear truly aware of it, which is, not only The SPEAKER pro tempore. Under a hereafter in the Extensions of Re- does this legislation require law en- previous order of the House, the gen- marks.) forcement to investigate an individ- tleman from Indiana (Mr. BURTON) is f ual’s motivations—those are the recognized for 5 minutes. The SPEAKER pro tempore. Under a thoughts and beliefs that seemingly (Mr. BURTON of Indiana addressed previous order of the House, the gen- motivate him or her to commit a the House. His remarks will appear tleman from North Carolina (Mr. crime—but it would expand the scope hereafter in the Extensions of Re- MCHENRY) is recognized for 5 minutes. of the prosecution to include individ- marks.)

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.106 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4973 The SPEAKER pro tempore. Under a RULES OF PROCEDURE OF THE JOINT COM- testimony and an executive summary there- previous order of the House, the gen- MITTEE OF CONGRESS ON THE LIBRARY, 111TH of, in such form as the chairman may direct, tleman from Oregon (Mr. DEFAZIO) is CONGRESS unless the chairman waived such a require- recognized for 5 minutes. TITLE I—MEETINGS OF THE COMMITTEE ment for good cause. TITLE II—QUORUMS (Mr. DEFAZIO addressed the House. 1. Regular meetings may be called by the His remarks will appear hereafter in chairman, with the concurrence of the vice- 1. Pursuant to paragraph 7(a)(1) of rule the Extensions of Remarks.) chairman, as may be deemed necessary or XXVI of the Standing Rules, 4 members of pursuant to the provision of paragraph 3 of the committee shall constitute a quorum. f rule XXVI of the Standings Rules of the Sen- 2. Pursuant to paragraph 7(a)(2) of rule The SPEAKER pro tempore. Under a ate. XXVI of the Standing Rules, 2 members of previous order of the House, the gen- 2. Meetings of the committee, including the committee shall constitute a quorum for tleman from Virginia (Mr. GOODLATTE) meetings to conduct hearings, shall be open the purpose of taking testimony; provided, is recognized for 5 minutes. to the public, except that a meeting or series however, once a quorum is established, any one member can continue to take such testi- (Mr. GOODLATTE addressed the of meetings by the committee on the same subject for a period of no more that 14 cal- mony. House. His remarks will appear here- endar days may be closed to the public on a 3. Under no circumstance may proxies be after in the Extensions of Remarks.) motion made and seconded to go into closed considered for the establishment of a f session to discuss only whether the matters quorum. The SPEAKER pro tempore. Under a enumerated in subparagraphs (A) through TITLE III—VOTING previous order of the House, the gen- (F) would require the meeting to be closed 1. Voting in the committee on any issue followed immediately by a recorded vote in will normally be by voice vote. tleman from Maine (Mr. MICHAUD) is open session by a majority of the members of recognized for 5 minutes. 2. If a third of the members present so de- the committee when it is determined that mand, a recorded vote will be taken on any (Mr. MICHAUD addressed the House. the matters to be discussed or the testimony question by rollcall. His remarks will appear hereafter in to be taken at such meeting or meetings— 3. The results of the rollcall votes taken in the Extensions of Remarks.) (A) will disclose matters necessary to be any meeting upon a measure, or any amend- kept secret in the interests of national de- f ment thereto, shall be stated in the com- fense or the confidential conduct of the for- The SPEAKER pro tempore. Under a mittee report on that measure unless pre- eign relations of the United States; viously announced by the committee, and previous order of the House, the gen- (B) will relate solely to matters of the such report or announcement shall include a tleman from Texas (Mr. CONAWAY) is committee staff personal or internal staff tabulation of the votes cast in favor and the recognized for 5 minutes. management or procedures; votes cast in opposition to each measure and (Mr. CONAWAY addressed the House. (C) will tend to charge an individual with amendment by each member of the com- His remarks will appear hereafter in a crime or misconduct, to disgrace or injure mittee. (Paragraph 7(b) and (c) of rule XXVI the Extensions of Remarks.) the professional standing of an individual, or of the Standing Rules.) otherwise to expose an individual to public 4. Proxy voting shall be allowed on all f contempt or obloquy, or will represent a measures and matters before the committee. The SPEAKER pro tempore. Under a clearly unwarranted invasion of privacy of However, the vote of the committee to re- previous order of the House, the gentle- an individual; port a measure or matters shall require the woman from Ohio (Ms. KAPTUR) is rec- (D) will disclose the identity of any in- concurrence of a majority of the members of ognized for 5 minutes. former or law enforcement agent or will dis- the committee who are physically present at close any information relating to the inves- the time of the vote. Proxies will be allowed (Ms. KAPTUR addressed the House. tigation or prosecution of a criminal offense Her remarks will appear hereafter in in such cases solely for the purpose of re- that is required to be kept secret in the in- cording a member’s position on the question the Extensions of Remarks.) terest of effective law enforcement; and then only in those instances when the f (E) will disclose information relating to absentee committee member has been in- The SPEAKER pro tempore. Under a the trade secrets or financial or commercial formed of the question and has affirmatively information pertaining specifically to a previous order of the House, the gen- requested that he be recorded. (Paragraph given person if— 7(a)(3) of rule XXVI of the Standing Rules.) tleman from Connecticut (Mr. MURPHY) (1) an Act of Congress requires the infor- TITLE IV—DELEGATION AND AUTHORITY TO THE is recognized for 5 minutes. mation to kept confidential by Government CHAIRMAN AND VICE CHAIRMAN (Mr. MURPHY of Connecticut ad- officers and employees; or dressed the House. His remarks will ap- (2) the information has been obtained by 1. The chairman and vice chairman are au- pear hereafter in the Extensions of Re- the Government on a confidential basis, thorized to sign all necessary vouchers and routine papers for which the committee’s ap- marks.) other than through an application by such person for a specific Government financial or proval is required and to decide in the com- f other benefit, and is required to be kept se- mittee’s behalf on all routine business. The SPEAKER pro tempore. Under a cret in order to prevent undue injury to the 2. The chairman is authorized to engage previous order of the House, the gen- benefit, and is required to be kept secret in commercial reporters for the preparation of transcripts of committee meetings and hear- tleman from Arizona (Mr. FLAKE) is order to prevent undue injury to the com- petitive position of such person; or ings. recognized for 5 minutes. 3. The chairman is authorized to issue, on (Mr. FLAKE addressed the House. His (F) may divulge matters required to kept confidential under the provisions of law or behalf of the committee, regulations nor- remarks will appear hereafter in the Government regulation. (Paragraph 5(b) of mally promulgated by the committee at the Extensions of Remarks.) rule XXVI of the Standing Rules of the Sen- beginning of each session. f ate.) f 3. Written notices of committee meetings PUBLICATION OF THE RULES OF will normally be sent by the committee’s THE FIRST 100 DAYS THE JOINT COMMITTEE ON THE staff director to all members at least 3 days The SPEAKER pro tempore. Under LIBRARY, 111TH CONGRESS in advance. In addition, the committee staff the Speaker’s announced policy of Jan- The Speaker pro tempore. Under a will email or telephone reminders of com- uary 6, 2009, the gentleman from Mis- mittee meetings to all members of the com- previous order of the House, the gen- souri (Mr. AKIN) is recognized for 60 mittee or to the appropriate staff assistants tleman from Pennsylvania (Mr. BRADY in their offices. minutes as the designee of the minor- is recognized for 5 minutes. 4. A copy of the committee’s intended ity leader. Mr. BRADY of Pennsylvania. Madam agenda enumerating separate items of com- Mr. AKIN. Thank you, Madam Speaker, the Joint Committee of Congress on mittee business will normally be sent to all Speaker. It’s a pleasure to be able to the Library held its organizational meeting for members of the committee by the staff direc- join you, my colleagues and friends the 111th Congress on Thursday, April 23, tor at least 1 day in advance of all meetings. this evening. 2009. I am honored that the committee elect- This does not preclude any member of the The topic for our Wednesday evening ed me its chairman. I look forward to working committee from raising appropriate non- discussion is ‘‘the first 100 days.’’ It has agenda topics. become kind of a tradition for people with my committee colleagues to discharge 5. Any witness who is to appear before the the panel’s responsibilities. committee in any hearing shall file with the to take a look back at previous Presi- As required by the rules adopted by the clerk of the committee at least 3 business dents and at the current President and committee, I submit those rules for publication days before the date of his or her appearance, say, ‘‘What happened in the first 100 in the RECORD: a written statement of his or her proposed days? What kind of records were set?

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.112 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4974 CONGRESSIONAL RECORD — HOUSE April 29, 2009 What sort of tone was set? What were The question is, ‘‘How far do you get So she understands how close her the accomplishments? What was sort of into the year before you run out of birthday is to the day we pay our in- the pace of how the new President has money?’’ come taxes. approached the office?’’ A lot of families have that problem Mr. AKIN. Reclaiming my time, she It’s quite interesting. Obviously, in terms of the family budget, but usu- really did get a present on Debt Day in there are very different Presidents, dif- ally what happens is we get to about, a sense because that debt is being un- ferent political points of view, different you know, August, sometimes to July loaded on her, isn’t it? things that they’re going to focus on, in a bad year or to September. Not so Mr. CARTER. Oh, yes. It’s like that and there are different times and dif- this year. We have set another record college debt. It’s going to go on for- ferent challenges. Tonight, we’re going in terms of debt day. It’s already gone. ever. That’s something that we ought to take a look at that. We’re going to It was 2 days ago. It was April 26. By to be thinking about as we run these take a look at those first 100 days. April 26, we’d spent all of the money things up. There were some records that were set, that was coming into the Federal Gov- I find it phenomenal that we can, in and there was a record that was set in ernment in taxes this year. That’s not actually less than a hundred days, a unique situation because, unlike any a good sign. That says we’re creating a spend more money than everybody else other time and for a long time, the tremendous amount of debt. spent in 200-and-some-odd years, in- Democrats have been totally in charge Therefore, that leads to another cluding George W. Bush. Add them all in Washington, DC. record. We have a clear winner in together and sure enough, this Demo- In the case of our own House here, terms of who can pile up the most debt crat Congress and this Democrat Presi- this is a body that, as to whichever in a very short period of time. If you dent managed to outspend them all. I side has the majority of votes, it pretty take all of the Presidents added to- mean, I tell you what, that’s breaking much does what it wants without too gether from George Washington to some records right there. Mr. AKIN. Reclaiming my time, much regard for the other side. That George Bush—the two Georges—you there are some records being broken, has been fairly traditional, but it is have a total of $8.5 trillion in Federal aren’t there? What we’ve seen is a lot even more so now under the Congress debt. With President Obama—with his of complaints over the last years about of Speaker PELOSI. They can do what own numbers and with his proposed the high cost of the war in Iraq, the they want, and they do do what they budgets—you have $8.7 trillion, so he high cost of war in Afghanistan, Presi- want. In fact, a lot of the legislation is 1 beats by 1 ⁄2, just by his own spending dent Bush just squandering and spend- written directly with the staff, and it alone, all of the other Presidents com- ing way too much money. And a num- comes to the floor and is voted on. bined. So we have another great record The Senate is a different matter. The ber of us voted not to spend some of that was set. that money. But there were a lot of Senate has always required 60 votes to There have been other kinds of get a bill before the Senate for just a complaints. records, but I notice my good friend is And then you take a look, you add up regular vote. So you have 100 Senators. here, the gentleman from Texas, Judge the entire cost of the war in Afghani- If you have 51 Senators voting in favor CARTER, a highly respected judge. stan and Iraq, add it together, and of something, you can pass a bill, but There’s something about judging, and within the first 5 weeks here in the unless you have 60 votes, you can’t get there’s something about Texas which Congress, the Democrats passed a bill it to the floor to get it passed. It’s kind sort of combines common sense and not at $840 billion that was more than of an odd rule. Many people don’t know putting up with a lot of flowery kind of those two wars combined over a 6- and that. Of course, the Democrats almost stuff. 7-year period. have the 60 votes they need to control Judge, you’re known as a man who This is a record-setting Congress the Senate as well, and of course they gets right to the point, so I’d like to when it comes to spending. If spending have the Presidency. So we have here yield you time. Help us and join in. is going to make the economy strong, on the flip chart ‘‘100 Days of Democrat Take a look at these last 100 days. we’re going to have the best economy Dominance.’’ It is certainly the case. Let’s talk about records. Let’s talk the world has ever seen. Now, as to one of the things that the about holding people accountable. We’re joined by a good friend from President challenged Americans to do What has been going on? Louisiana, Congressman SCALISE. Com- when he came to office, he said, ‘‘I b 1900 ment on this first hundred days. Let’s want you to hold our government ac- talk about records and what kinds of countable. I want you to hold me ac- Mr. CARTER. These are really not things we’ve seen here. countable.’’ So we’re going to take a the kind of records we like to have. We Mr. SCALISE. I thank my friend look at these first 100 days and see ac- don’t try to set these kind of records. from Missouri for continuing to host countable and what regard and what These are records that we will be pay- these discussions where we can really sort of records have been set. ing for for generations to come. talk about the policies, what happens One of the records that we set was I want to remind you that this is 100 here in Washington, how it affects peo- accumulated debt. That’s kind of an in- days of Democrat dominance. So the ple across the country. teresting number. If you take a look at President had some help on these But as we stand here today on the President Clinton, in his first 100 days, things, and that is the Democrat ma- 100th day of President Obama’s admin- he managed to rack up $86 billion of jority and the House and Senate cer- istration, it’s going to become a tradi- debt. This is President Clinton. Presi- tainly helped to move this along—in tion, as you said, going back to FDR— dent Bush didn’t rack up any debt at record time, I might add. Sometimes which there are a lot of ironic similar- all. In fact, he had $70 billion of surplus those things just completely almost ities to FDR in this administration— at the end of his first 100 days. The bypassed the whole process and just but that’s when they started measuring clear winner in this regard is President came popping up on the floor kind of Presidents by their first hundred days. Obama with $564 billion of debt. That’s like a Jack-in-the-Box surprise. ‘‘Here A lot of people like doing letter grades half of $1 trillion of debt. So the clear we are. Let’s vote.’’ And sure enough, for a President’s first 100 days. winner in the accumulated debt con- we managed to break all kinds of exist- Mr. AKIN. What you’re saying is A to test has to go to President Obama. ing records. F, is that what you’re suggesting? Now, in coordination with this, if you And I have to point this out because Mr. SCALISE. Some people stop at F. take a look at National Debt Day—and my daughter, I promised her I would. I actually use a different rating, and I we have a National Debt Day. That’s The last time I talked about this Debt have been asked, How do you rate the time when we have finished spend- Day, I failed to say that was my daugh- President Obama’s first hundred days? ing all of the money we’ve collected ter’s birthday. Danielle Carter. Her And I’ve said that I rate President that year in taxes. As you know, we get birthday is on the 26th day of April. Obama an ‘‘L’’ for ‘‘liberal.’’ the taxes in on April 15. People send And she probably, in her lifetime, has Mr. AKIN. Reclaiming my time, their taxes in. The government gets its probably not gotten the biggest present that’s cheating. I thought it was A to money, and it has been spending since in the world because it was so close to F. You’re going all the way to ‘‘L’’ for the beginning of the year. tax day that maybe she didn’t get it. ‘‘liberal.’’

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.119 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4975 Mr. SCALISE. Congressman FLAKE even show up down here because you I yield. from Arizona, when we first had this come from Washington, D.C. Mr. BRADY of Texas. Thank you. I conversation, and I agreed with him, Judge Carter. appreciate you leading this discussion and really, it’s a characterization Mr. CARTER. Not only has this ad- tonight with the American public. I’m based on policy. ministration cut missile defense, but glad to join my other friends, conserv- I think in terms of personality, clear- they are also cutting the F–22 fighter, ative friends, who, frankly, are worried ly President Obama is one of the more which, by all analysis, we need a new about what the first 100 days mean to articulate speakers in Presidents that fighter because of some real techno- our country. I didn’t move to Wash- we’ve had. I think President Reagan logical advances that the Russians and ington. I live in Texas with my family still rates up there as probably the top. the Chinese have made in their fighting and just commute to work each week Unfortunately, I don’t think we have planes. And we have had fighter pilots to Washington. Continental has given had anybody like Reagan since he left telling us this for years. The F–22 has me my 1 million miles flown card, office and unfortunately passed away. now been scrapped, the missile defense, which is a lot of keeping in touch. But in terms of policy—and I think as you point out, has now been Sometimes you wonder, you know, this is really what really matters and scrapped. the people up in Washington, they that is what the American people are So you can’t accuse this budget of seem to be in a bubble. It’s just so dis- watching—it’s this reckless spending. overspending in the area of defense be- connected from the real world. I asked Spending at record levels. A budget cause it actually is going less in the some of our Facebook friends what that just passed today here on this area of defense and is spending in other they thought of President Obama’s House floor that all of us opposed but areas. Many of which, I would argue, first 100 days, sort of an out-of-Wash- unfortunately passed, the largest budg- are some sort of voodoo economics. But ington look at the Nation. et in the history of our country, a that’s my personal opinion. Rachel, who is a Sam Houston State budget that would double the national But make it clear, missile defense we University alum, said she was really debt in 5 years, triple the national debt need. disappointed to see all of the spending in 10 years. Mr. AKIN. Reclaiming my time, the on unnecessary programs that do not I think if you look at what happened argument is going to be made as we help the economy but, rather, put a just a few weeks ago with these TEA slash the defense budget, we see a lot of further strain on it. parties, these taxpayer TEA parties, things that are being axed, being on Norma expressed her disappointment where hundreds of thousands of people the Armed Services Committee, I am to the taxpayer-funded spending spree. showed up around the country. They seeing those. And the argument is She said, It’s a disaster. She wrote, At the current spending rate, the deficit is weren’t necessarily revolting against going to be made, Hey, you know, you going to be an anchor around not only this President or revolting for a party can’t just afford everything. our necks but our grandchildren’s as or against a party. A lot of people real- And what struck me was when we came here after the first 5 weeks the well. ly don’t understand what happened in Norma, you’re right. Congress had been in session, we’re the media who were covering the TEA Melody said if she were to grade this parties. going to pass this, quote, stimulus— President, it would definitely be a What really happened on that day which I still call a porkulus bill—and I flunking grade. In the debates, he back on April 15 was people across the came across this floor—we just smoked promised to cut spending and reduce country said—maybe some of them $840 billion. I started dividing that the size of the deficit. Ha. I am voted for the President, some of them thing out because in the committee sickened by the wasteful spending. It is voted against—but they said, We’re that I serve on, the biggest thing you like watching a train wreck happen. very concerned about the direction of spend money on is aircraft carriers. I I will come back in a minute and tell our country because of the reckless mean, even the average person on the you a little more about my thoughts. spending and borrowing that goes with street knows aircraft carriers are big But that’s just an inkling of what real it and what it would do to our future and expensive. They have got a whole Americans think about this first 100 generations, to our kids and grandkids, wing of airplanes on them and thou- days. where, literally, we will be borrowing sands of people on board. Aircraft car- Mr. AKIN. I appreciate you sharing this money from China, from India. riers, that’s a substantial investment. that and particularly asking that ques- Mr. AKIN. Reclaiming my time, I So we have 11 aircraft carriers. You tion of just regular people. I am the also had a chance to go to the TEA take the average cost of that and di- same as you are, flying back and forth party in St. Louis, and parking in St. vide that, about $3 billion, into $840 bil- to Missouri, the Show-Me State, or Louis is a real pain in the rear. And yet lion. Oh my goodness. You picture this. some people like to call it the Great you had 7,000 people jammed into this You’re looking at 250 aircraft carriers River State. And I am not sure that square, and they were exercised. I end-to-end. I don’t know how long they their perspective is quite the same as it mean, this was not politics-as-usual in would go, but you’re talking about a is in D.C. as well. America. And I think you’re right. I lot of aircraft carriers. Judge CARTER, did you have a think the high level of spending, but I So we start talking about, well, we’re thought or two about other kinds of think there were other things that going to cut missile defense right at records or unique circumstances? I were getting them energized. the time when the North Koreans think there are quite a few things as There are some of these sort of inter- launch their missile. And then the we start to think about it. esting juxtapositions. Here’s one that other thing—talk about juxtaposition Mr. CARTER. There is so much to caught my attention. in timing—the Obama team sent a talk about, but the one that just pops The Obama administration an- video to the Iranian people talking off the page is the promise that was nounced a $1.4 billion cut to missile de- about a shared hope, and the Iranians made that I will cut taxes on 95 percent fense, and the same week, North Korea responded by opening a plant to of the American people. That’s what launches their missile. That’s the sort produce weapons-grade uranium. the President of the United States told of thing people go, Wait a minute. I Somehow or other it’s like ships pass- us during the campaign. ‘‘I assure you don’t understand this. The North Kore- ing in the night here. It’s like, wait a I will cut taxes on 95 percent of the ans just launched this big missile. minute, what are we talking about people.’’ They are obviously working on nuclear here? He also said he was going to raise devices and developing the technology We’ve been joined by another great taxes on the wealthy. You may have through a missile to deliver a nuclear Texan, a Congressman from the Brady heard me talking earlier—one of the device and so they are shooting off district. KEVIN, we would be happy if indications of social Democrats is class their missile and we are cutting missile you want to join us in our little discus- warfare, the hardworking American defense. That’s the kind of thing in our sion. We’re taking a look at the last 100 worker versus the rich man. How many TEA party, people were really mad. days and different things, records that times have we heard that? When I went down there they said to are being set, things that are a little But now we’ve got this great energy me, By golly, you’ve got courage to unusual, distinctive characteristics. tax that they call cap-and-trade, which

VerDate Nov 24 2008 03:19 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.120 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4976 CONGRESSIONAL RECORD — HOUSE April 29, 2009 makes no sense at all. Even the name gone over $3,000 per American family What everyone knows is with this makes no sense. But the reality is, it’s that they would pay in higher energy spending, there’s no free money. Some- a tax on energy, all sorts of energy. taxes if this cap-and-trade energy tax one is going to have to pay for this And it’s a tax on existing energy that’s passed. record deficit. It’s going to be middle going to make everybody’s bill go up Mr. AKIN. Reclaiming my time, I class families. It’s going to be small because the American people are going thought I heard the MIT professor say business people. It’s going to be people to pay that tax, and that means the it was $3,100 per average family. that make a whole lot less. And a good middle class. This is something that’s a little up- example, look at the stimulus bill. It Mr. AKIN. Reclaiming my time, let’s setting because first we have this started phasing out all of these bene- take a look. What you’re talking about promise. It couldn’t be any more clear: fits if you make $80,000 a year. That’s is some of the promises that the Presi- If you’re not making $250,000, you don’t what it started to do, including the dent started out by saying, ‘‘I want you have to worry about this tax increase. Making Work Pay tax credit, that mea- to hold our government accountable. I Now, the energy tax hasn’t been sly $1.10 in your paycheck. They start want you to hold me accountable.’’ passed yet; right? phasing it out at $80,000. That’s who So what we’ve done here, I’ve got Mr. SCALISE. Fortunately, it has this White House believes is wealthy. some slides, and these are things that not. It’s in committee still. We’ve already seen the model. are quotes out of the President’s Mr. AKIN. So in that regard, he Mr. AKIN. Reclaiming my time, it speeches and all. hasn’t broken a promise. He’s just pro- seems to me that pretty much every- This one, as you recall, he says, ‘‘I posing it. But then how about this body in Washington, D.C., and across can make a firm pledge under my plan, SCHIP that we voted on? This thing the country, as we started this 100 no family making less than $250,000 a has got a tax increase in it for people days, if you asked what do you think year will see any form of tax increase.’’ making less than $250,000. the main deal needs to be? What does Now, when I heard that, I breathed a You know, this kind of thing, saying Washington, what does our political leadership, what does the President sigh of relief. By golly, I don’t make one thing, doing something different, is have to be paying attention to? $250,000. I don’t need to worry about what creates some of that tension, that Wouldn’t you agree that that would be any tax increase because he promised frustration that we saw in the people the economy? I mean I think every- me that. Not your income tax, not your with tea bags wanting to dump them in body, regardless of your political payroll tax, not your capital gains the Mississippi River. stripe, would say you’ve got to pay at- taxes, not any of your taxes. I yield to the gentleman from Texas. Mr. BRADY of Texas. I agree exactly tention to the economy. b 1915 with what has been said today. And I And so if you take a look, one of the Now, he repeated this promise to all can tell you from the Ways and Means ways we measure the economy is the of us in this Chamber before, saying, perspective, from the tax perspective, gross domestic product. That’s how are hey, if you’re making $250,000 a year, the President isn’t keeping that prom- things working? Is the machine oiled don’t worry about paying any taxes. ise. We saw that right off the bat. The properly? Is it tuned properly? Is it And now you’re getting me very upset, second bill he signed was an increase running smoothly? And we got a num- judge, because what you’re telling me on a lot of low-income and middle class ber today. As I understand it, we set another record. We have a lot of is he’s going to put a tax on energy. families to the children’s insurance records we’ve been setting. Unfortu- And my family doesn’t make $250,000 a program. And the budget that was nately, they haven’t been very good year, but we turn on light switches. We rushed through Congress today that I ones. And that was that the gross do- burn propane gas, and we also burn gas- will bet not one Member who voted for mestic product number for this quar- oline in the cars. it actually read this multi-trillion dol- ter, the first quarter of the year, was Mr. SCALISE. Will the gentleman lar budget—again, this first 100 days that we had shrunk the economy by yield. has been a rush to bad legislation—it over 6 percent, which is how much the Mr. AKIN. Yes, I yield. includes tax increases of $1.5 trillion, economy shrunk in the previous quar- Mr. SCALISE. I sit on the Energy the highest in American history. ter. When you put those two together, and Commerce Committee, and for the As the gentlemen from Louisiana and it’s the biggest shrinking in the econ- last 2 weeks we’ve been having hear- Texas and as you pointed out, in addi- omy in 60 years. Now, that’s a record. ings on President Obama’s cap-and- tion to the national energy tax, you’re I’m 61 years old. That’s a record for trade energy tax. A number of things looking at increased taxes on profes- me. But that’s not a very good record. have come out that Judge Carter and sionals and small business people; in- And some of you who are on commit- that you’ve mentioned that are very creased taxes on independent, small en- tees that deal immediately with the frightening that have not been con- ergy companies, the ones that drill 90 budget might want to comment. What veyed to the American people, in fact, percent of the wells here in America; so does it mean to have the gross domes- go directly against President Obama’s we’re going to outsource our American tic product in this country shrink by 6 pledge there that people making less energy jobs. The climate change na- something percent? That never hap- than $250,000 would pay no new taxes. tional energy tax. Increased taxes on pened under President Bush’s leader- The President’s own budget, again, a capital gains and dividends, a source of ship. Anybody want to comment? record budget, the largest in the his- a lot of revenue for our seniors in I yield to the gentleman from Lou- tory of our country, a bill that passed America and a source of capital. New isiana. this House today, his budget has a line taxes on real estate partnerships. On Mr. SCALISE. What you’re talking item in it that allocates $646 billion U.S. companies headquartered here about, and we touched on it a little that would come in the form of new who are trying to sell their products earlier, over the last few years we’ve taxes from this cap-and-trade energy around the world, we’re actually going heard a lot of complaints about pre- tax. Now, that is a tax on energy that to penalize them for selling American- vious Republican Congresses and the every American family uses. made products around the world. It is spending. I was definitely one of those A few of the things that have come crazy the number of tax increases. people that was not happy with some of out in committee that have not been Mr. AKIN. Reclaiming my time, how that level of spending. In fact, if you denied by anybody: Number one, the do you explain this promise in the con- look back in 2006, the last Republican President’s own budget director just a text of what you’re saying? Congress that we had, I was not here, year ago was testifying before Con- I yield. but in that 2006 Congress, the deficit, gress, when he was the head of the Con- Mr. BRADY of Texas. The promise the Federal deficit, was about $160 bil- gressional Budget Office, he said this was: ‘‘Under my plan no family making lion, a number I think that was too cap-and-trade scheme would roughly less than $250,000 a year will see any high, $160 billion. Today, just 3 years add $1,300 per year more to every form of tax increase.’’ That promise later, with a Democrat Congress and American family’s energy bill, their has already been broken. And the budg- the White House, that deficit went utility bill. That’s a low estimate. et we passed today ensures that it will from $160 billion in 2006 to what it is We’ve had revised numbers that have be broken even further. today, $1.9 trillion.

VerDate Nov 24 2008 04:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.121 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4977 So for those of us who had concerns Mr. AKIN. What do you do when peo- them was there weren’t going to be any about the deficit 3 years ago that are ple do that? Don’t you put them in tax increases if you made less than voting against this reckless spending jail? $250,000. For ‘‘Show Me’’ guy from Mis- today, what I think is hypocritical is Mr. CARTER. That’s what we are souri, that’s puzzling, that promise. you hear some people complaining supposed to be doing with them. Here’s another promise: He promised about the spending that went on 3 We have got to wake up and realize transparency. He says, ‘‘I will not sign years ago when it was $160 billion, but what we’re creating. We’re creating an- any non-emergency bill without giving yet they’re voting for the spending other generation paying for this gen- the American public an opportunity to today when it’s $1.9 trillion of deficit eration and then another generation review and comment on the White just this year. will pay for that generation. And at House Web site for at least 5 days.’’ So So I think the American people are some time when you get numbers like we are going to have some trans- watching all of this. Clearly they were these, it becomes so overwhelming, parency here. watching it when they took to the what are we going to do? Now, I wonder how much trans- streets on April 15 in those TEA parties Mr. AKIN. Reclaiming my time, the parency there was in that budget and said enough is enough. We have got trouble with the Ponzi scheme is some- you’re talking about that says we are to stop this reckless spending because time the music stops and there aren’t just going to assume it’s going to con- of what it’s going to do to future gen- enough chairs and then the proverbial tract 1 percent when this quarter it has erations. I have got a 2-year-old daugh- stuff slides down the wall and then already contracted 6 and it contracted ter, and my daughter, Madison, she’s there’s a big problem. That’s part of 6 the last quarter. What kind of num- going to be the one, her generation is what started this whole thing, what bers are those? going to be the one, that’s going to was effectively a pyramiding scheme in I yield. have to pay these bills. a sense. Mr. BRADY of Texas. Well, they’re But some people want to say this is a And those of us that were here voting bad numbers. And I think that’s why it failure of free enterprise, the problem today, this is my voting card, and this was rushed through Congress so that that we’re having in the economy. It’s is the card that Members of Congress people couldn’t ask those questions. not a problem of free enterprise; it’s a use to cast their vote. Some people up But the truth of the matter is the re- problem of socialism. It’s a problem of here think that this is a credit card, sult of that, of cooking the books with this government telling Freddie and that they can just rack up trillions of rosy numbers that don’t exist that no Fannie that they had to make loans dollars of debt that the future genera- one agrees with, is that we will face that weren’t going to work. If you tell tions of this country are going to have close to a $2 trillion deficit just this someone you’ve got to do something to pay. That’s not responsible. Obvi- year. and they’re saying to you economically ously that’s what we are trying to stop. b 1930 Mr. AKIN. I would like to get back to this isn’t going to work and you force that before we close tonight because I it and you keep doing that and then There are trillion dollar deficits as want to contrast that mentality with you have a bunch of other people play- far as the eye can see. So when Judge the mentality of what has been called ing along with the scheme and give it CARTER said we may not see another the Greatest Generation, the genera- a AAA rating and sell it all over the balanced budget in our lifetime, that’s tion of our parents and what they did. world, pretty soon the music stops. no exaggeration. We may not see a bal- And now what’s happening is it’s af- Judge CARTER. anced budget in our lifetime. Mr. CARTER. You asked what that fecting the entire economy. Let me make one correction that I two consecutive quarters of 6 percent I yield to my friend from Texas, hear, I guess if you repeat something negative growth means. That means, I KEVIN. often enough people believe it, but you Mr. BRADY of Texas. I wanted to an- believe, and I know my friends talk often hear up here Democrats who say swer the question, what does this dou- about this all the time on the Ways President Clinton gave President Bush ble quarters of 6 percent mean? What it and Means Committee, I believe that a surplus, and President Obama inher- means for average Americans is that means recession. Two consecutive ited a huge deficit. America is going to go much deeper quarters is the definition of recession. That’s awfully misleading. The truth into debt and our kids are going to So we are now in the Obama recession. of the matter is that the surplus that have a burden that they can barely So it’s one of those things you’ve got was given to President Bush wasn’t carry. created by Democrats in Congress but to think about. As we keep blaming What’s interesting is that the Presi- other people, at some point in time you by Republicans in Congress who sat dent’s budget, the one that was rushed down with President Clinton and said have to take credit for what happens through the House again and Senate on your watch. we are going to balance this budget. today, it based its assumptions and its And I was here on a night like this I heard two Members arguing today, huge deficits on a contraction this an interesting argument: How long is it night where we passed the balanced year, a shrinking of our economy, of 1 budget agreement. going to take us to pay off this debt we percent. They’ve used such rosy eco- are accumulating? One of the Members And guess who voted against it? nomic indicators. Democrats. said, well, it’s estimated 3,000 years. Mr. AKIN. Reclaiming my time, And then, when you talk about the The other one said, no, that’s not you’re saying the budget today that we deficit President Obama inherited, that right. It’s maybe perpetuity. passed said the economy is going to didn’t come—— He said, how do you get that? shrink by 1 percent. Is that per year? He said, the only way you get that Mr. BRADY of Texas. By 1.2 percent Mr. AKIN. Reclaiming my time, let 3,000 year number is you’ve got to show this year. me just summarize and see if I got a surplus. And there is no surplus pro- Mr. AKIN. This year. And then how what you said. What you are saying is jected within a couple of lifetimes, much did we just shrink in the first we kept hearing from the Democrats based upon what we are doing right quarter? that President Bush inherited all of now. So, therefore, it’s like this never- Mr. BRADY of Texas. Six point one this surplus, and it was somehow be- ending debt. percent and on top of 6.3 percent last cause, I guess, President Clinton had And another one said, well, that’s quarter. done something right. like a Ponzi scheme. You get one bunch Mr. AKIN. I’ve heard of optimists be- But, in fact, those years, the Repub- of investors to invest in your product, fore, but this stretches the long arm of licans controlled the House and they and this is like our boy that’s in jail conscience. forced President Clinton to balance the right now, and then you get another Mr. BRADY of Texas. I’m glad you budget, and that’s why he got his sur- bunch of investors and you pay these raised that. The President said this is pluses because you guys made him investors from these investors, and the most honest budget ever presented have a surplus. Did I understand that then you pay these investors from to Congress. correctly? these investors. Why isn’t this a Ponzi Mr. AKIN. Reclaiming my time, the Mr. BRADY of Texas. And congres- scheme? President made some promises. One of sional Democrats voted against the

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.122 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4978 CONGRESSIONAL RECORD — HOUSE April 29, 2009 balanced budget agreement. So that’s where they said the economy is going their business. They are cutting back, the first part of the equation. The sec- to contract by 1 percent, and we have and they are watching this Democrat ond one is President Obama did inherit already gone through 6 in the first leadership in Congress and this admin- a big deficit, but he inherited it from quarter. istration spending record amounts of congressional Democrats who held I yield to the gentleman from Lou- money, running up the debt and the power for the last 2 years. They didn’t isiana. deficit at record levels, and money at even send President Bush a budget be- Mr. SCALISE. You know, when we record levels that we know nobody can cause they knew he would spend less. throw all of these numbers around, ob- sustain. So I think when people look, And so my point of that is that you viously the massive amounts of they say, this has only been 100 days. can’t take credit for a surplus you money—and when you talk about tril- We have already, today, as we stand didn’t create and avoid blame for a def- lions of dollars, it’s such a large num- here, added 20 percent to the national icit you did. That’s one of the big, I ber that it’s hard for many to grasp debt, money we can’t even get back. think, misperceptions, the big lies in just what that really means. The stimulus bill alone added almost Washington, D.C. When we talk about the budget, and $1 trillion of new debt, and we are still I agree with other conservatives that ultimately you look across this coun- seeing some of the wasteful, frivolous Republicans, I think, got fired because try, we are in tough economic times. spending. we didn’t control spending well enough, Families across this country are actu- Mr. AKIN. There is this transparency even though we whittled that deficit ally cutting their budget. They are promise, that what’s going on in Wash- down, and we are learning from those tightening their belts to live within ington D.C., the public should be able mistakes. That deficit now is 10 times their means. to see it. You see this kind of trans- greater, and we are in a mess we may And I think what frustrates most parency promise. And then when you never recover from. people is when they look at what’s hap- take a look at what happened, the Mr. AKIN. Gentleman, you just said pening in Washington, whether we are President first broke the promise of that you are talking about a deficit, talking about hundreds of billions in transparency in January when he was it $2.1 trillion just for the next 2 deficits or trillions in deficits, which, signed this legislation which was the years? unfortunately, we are in today, they Lilly Ledbetter Fair Pay Act. It was Mr. BRADY of Texas. Almost $2 tril- look at these numbers and they say, passed January 27. And he since contin- lion just for this year. what’s happening up there in Wash- ued the problem with the State insur- Mr. AKIN. To put that into context, ington when we are tightening our ance, the SCHIP bill. It wasn’t 5 days. if you go from George Washington to belts, we are cutting back, Washington And the reason I mention this is George Bush, and you add up all of the is actually mushrooming spending. when we came to that supposedly stim- debt that’s been accumulated, you are There is a lot of blame to go around. ulus bill, our staffs got that thing at looking at $5.8 trillion. So what you But when you look at what happened 11:30 at night, and we’re supposed to are saying in 1 year, we are going to do just a few weeks ago when the first vote on a 1,000-plus page bill the next not quite half of that, everything since budget came up for a vote here on this day. Now, I am not a speed reader, and 1770s to now, we are going to burn that House floor, it didn’t get any atten- my staff doesn’t sit around at 11:30 just in 1 year? My goodness. tion, but there was a balanced budget waiting for some announcement from Judge CARTER. amendment that was proposed that the Democrat Party. Mr. CARTER. And that’s the deficit. day. Many of us proposed that amend- Now I don’t understand the trans- The debt is worse than that, because ment and voted for that amendment. parency in that situation. But I do un- we are borrowing all this money that Mr. AKIN. All of us standing here derstand a little bit, because I don’t we are spending right now. voted for it. know what $780 billion is. I started to And so when you look at all these Mr. SCALISE. What’s ironic is over put it in terms of aircraft carriers, be- packages that we put together, and you 100 Republicans just 3 weeks ago voted cause I understood that. I understood total them up, that’s where your $8.7 to balance this Federal budget, to bal- that it was more than the war in Iraq trillion comes in right there that you ance it. for 6 years and the war in Afghanistan have got demonstrated there. It’s the And this is during the cries of many added to it for 7 years. I understand it debt. on the other side who were criticizing was more than 250 aircraft carriers. We only have 11 of them. The debt service In addition, as KEVIN points out, they all the spending that went on. And as made false assumptions of the growth they were criticizing the spending, on it was nine aircraft carriers, and it’s of this economy. Based upon those they were raising spending by 10 times all money that we don’t have. So we have got a series, again, going false assumptions, everybody’s already what had happened under Republican to this 100 days, there is a lot of new told them they weren’t going to work. administrations, not one Democrat records that are being set, particularly voted for that balanced budget amend- They were told by all the authorities in the debt area. But there are other ment that was proposed on the House that look at these things, these num- kinds of things, I think, that get these floor while many of them turned bers don’t work. They went ahead with people at the tea parties upset. One is, around and voted for the largest budget them, anyway, and now we’re looking have you ever heard of the President in the history of the country. at a $2 trillion deficit. So the debt gets firing the president of General Motors? I say that because people don’t want even worse. I have never seen that before. I heard somebody say this morning, to hear about the partisan politics. But I yield to my friend from Texas, Con- what many people are being told by somebody ought to tell every grad- gressman BRADY. uating senior this year that they can this administration, incorrectly, is Mr. BRADY of Texas. There is so add $156,000 to their school debt, be- that there are no alternatives proposed much truth in what you say. I was re- cause that’s what they are going to by the other side, and that the Repub- ferring back to, again, one of our have to pay off. That’s going to be licans are the Party of ‘‘No.’’ They Facebook followers, Melody from my their share of what they are going to don’t propose any alternatives, which district in east Texas, that she wrote have to pay off in their lifetime. is clearly disingenuous because we that if she were to grade our new Presi- Mr. AKIN. You said $156,000? have proposed many alternatives. They dent and Democrats in Congress, she Mr. CARTER. That’s what the guy have been the party, not only of ‘‘no’’ said it would definitely be a flunking said. I don’t want to take credit for because they have opposed those alter- grade. It is like watching a train wreck that number. I am just telling you I natives, they have been the party of happen. heard it on the television this morning, fiscal recklessness, fiscal irrespon- It’s interesting. President Obama is and it shocked me. sibility, of spending large amounts of very sincere when he says, I was elect- Mr. AKIN. Some of these numbers do money that literally will double our ed to change the direction America involve making certain assumptions, national debt in just 5 years. That’s could go, and he is very up front about and if you doctor the assumptions, the what I think has gotten most Ameri- it. I give him credit for that. numbers may look better than they cans frustrated now is that they know But from my way of thinking, in the really are. We just talked about one what they are doing to take care of Eighth District of Texas, we believe he

VerDate Nov 24 2008 04:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.124 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4979 is wrong on spending. He is wrong on make any money. The government Mr. BRADY of Texas. Well, thank nationalizing so much of our free mar- takes the citizens’ money. That’s the you, sir. Most people in my district ket. He is wrong on Guantanamo. He is way it works. They are not a creator of know that I was raised in a small busi- wrong on the CIA memos. He is wrong wealth. They are a taker of wealth and ness. I was a Chamber of Commerce on this new national security threat of a distributor of wealth. But they are manager my whole life. So I ran a our veterans and our pro-life and our not a creator of wealth. small business, made payroll, had to States’ rights people. So all this stimulus we have looked cut staff in the recession and work I think just generally he is wrong in at, its purpose is to give a shot in the with other small businesses. So I know the belief that you can tax and spend arm to the economy, if you believe in how hard it is for them these days. and borrow our way back to prosperity. the Keynesian theory of economics, a But there are three ideas Republicans It won’t work. I would say this. You al- shot in the arm to the economy, and came forward with, I think better ways want to be helpful as a Member of make it start creating wealth again. ideas. In the stimulus, in that stimulus Congress, so my advice to the Presi- But, in reality, we have seen no real in- bill, billions and billions of dollars, dent on this 100th day is, one, stand up dication. Japan can tell you for 10 there was more money to buy public to NANCY PELOSI and the Senate lead- years they did that and failed miser- art in America than to help small busi- ers in Congress. Be your own man and ably. Most people will point to the nesses survive. don’t let them run the show as they Great Depression and say it failed mis- Mr. AKIN. Well, reclaiming my time, have done for your first 100 days. erably. you are saying that porkulus bill that Extend a hand to Republicans who So the real solution is real wealth for we passed, it had more money to buy have got some great ideas on how to America. You do that by putting more artwork than it did to help small busi- lower taxes, how to help small busi- money in the American people’s pock- ness that creates 80 percent of the new nesses create jobs, how we really get et, making it easier for people to be en- jobs in our economy? out of this economy and we are willing trepreneurs. For small businessmen, I yield. Mr. BRADY of Texas. The line item to work with you. don’t tax them. Give them a chance to for the National Endowment for the The final piece of advice is do less grow their small business. They em- Arts was $50 million. The line item to press conferences like tonight and ploy the vast majority of the American help small businesses to buy new com- more working meetings with Members people. puters and equipment was smaller, $41 of Congress who want to work across What we have got to turn around is million. the aisle to solve these problems with- real wealth from real jobs from real What we said as Republicans was, we out going into a debt so staggering businesses for real people. That’s what said, look, let’s create a 20 percent in- that we can never hope to get out. we’ve got to have. come tax reduction across-the-board There are some great ideas up here, but Mr. AKIN. Summarizing what you for small businesses so they can keep so far for the first 100 days, it’s been said, Judge, what you are saying is, more of their money, keep good work- the congressional Democrats show. first of all, the Federal Government ers on the payroll, maybe buy that new Really, it’s time for the President to does not create wealth, other than we computer or piece of equipment, or just follow through on his promise to print money, which just waters down. survive through this recession. We change the way we work in Wash- We tax people, slop the money thought that was a better idea. ington. around. But we never create it. We just On housing, the government has Mr. AKIN. I sure appreciate your redistribute it. come up with this new $2 billion pool of making some positive comments. And I So how do you actually take an econ- money to buy foreclosed homes in your think it’s important that when we are omy and help everybody to do better? neighborhood and mine. The Repub- critical that we also offer a better idea. And what you have to do is you have to licans said wait a minute. Given a I was taught that as a kid growing allow the private sector, the entre- choice between having the government up. If you want to be critical of some- preneurs, the investors, the inventors, buy a home in our neighborhood or our thing, okay, but then say how would the small business people, to get out neighbors buy that home, maintain it, you do it better. I think that’s an hon- there and do that, the American keep it up and sell it once the market est way for us all to proceed, and we dream. recovers, we created incentives that certainly have a lot of ways to do that. Let freedom work and let people go said, look, if you look around your I would like to just take a few min- and use their ingenuity and ability to neighborhood and community and you utes and talk about what are some of actually create wealth. buy one of these distressed homes, fore- the better ways to do things. You just b 1945 closed or someone who is in trouble, it mentioned Guantanamo. The numbers is abandoned, we will treat it just like I have is that our best estimate is that Wealth is not static. It grows if you your own home. If you keep it up and 61 of those detainees are now fighting fertilize it the right way. So what you maintain it, when you sell it, you can against us. After we let them go, they are talking about is doing things that keep the profit. are back again in the battle fighting are going to help small business. Now, who is going to keep better care against our sons and daughters. My Just an interesting number that of a home in your neighborhood? Uncle recommendation is when you get peo- someone tossed to me, and that is you Sam, or one of your neighbors? ple that dangerous, don’t let them go take a look at companies with 500 em- Mr. AKIN. That is a no-brainer, gen- so easily. ployees. That is what is called a small tleman. Keep going. Let’s talk about some solutions. business, 500 employees. Half of Ameri- Mr. BRADY of Texas. Absolutely. Let’s just talk about how would we ap- cans work in a business with 500 or less Then on health care, they are looking proach this situation. The economy has employees, and those companies create at this big government-run health care now been shrinking. We see this debt 78 or 79 percent of the new jobs in system. Many Republicans, including that is really skyrocketing, excessive America. me, are proposing this backpack, where spending on the part of all the Demo- So if you are worried about the peo- for the first time workers get an option crats. ple not having jobs and you really want where they can choose a health care Let’s just say that working for the to turn the economy around, what you plan that is right for them, just like day, or we are President, we are re- want to do is you want to fire that en- Members of Congress do. They can put sponsible for turning this around, what gine of small business, you want to get it in a backpack and take it with them are the steps we are going to take. I those 80 percent of the new jobs, you throughout their life, from business to think it’s fair to ask that question. want to start getting those things business or to home to raise the kids, I will go to my friend from Texas, going. And what do you do to do that? or if you are going to start your own Judge CARTER. You have to have liquidity for those small business. Basically you get the Mr. CARTER. You’ve hit upon some- companies to work. same tax breaks businesses get. But thing that everybody needs to think I recognize another good friend of you have one that you choose. It is about. First, you have to start with the ours and an expert on small business, your doctor, your relationship, the hos- premise that the government doesn’t Congressman BRADY. pitals you choose to go to.

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.125 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4980 CONGRESSIONAL RECORD — HOUSE April 29, 2009 Mr. AKIN. That sounds like freedom things we can do, rather than just mas- So we have presented these alter- working, doesn’t it? sively growing the size of government natives. In the first 100 days, unfortu- Mr. BRADY of Texas. It is. Instead of and adding trillions of dollars to our nately, President Obama has not government one-size-fits-all, why don’t national debt, we can empower our worked with us to embrace any of we give more freedom and more incen- middle-class families and our small these ideas, but hopefully that will tives for people to have a health care businesses. We presented a bill to do change as more people become con- plan that fits their needs? just that, a bill that would actually cut cerned about this record level of record We have great ideas. My colleagues taxes for middle-class families and for spending. here tonight I guarantee you could small businesses, who create the bulk Mr. AKIN. Congressman SCALISE, I spend a lot of time with these new of our jobs. really appreciate your positives and ideas. But we need a President who will What some people on the other side giving very specific kinds of things be open. We need a Democrat Congress have said is, it is the tax cuts that that can be done to turn the economy who will quit rushing bills through this have gotten us into this problem. What around, to reduce this level of spend- Chamber and give a chance for those they fail to recognize is history. Every ing. good ideas to come forward. time we cut taxes, you can go back to We are just about out of time. I ap- Mr. AKIN. Just reclaiming my time, when John F. Kennedy cut taxes or preciate your expertise and joining us if I were to list off some things for when Ronald Reagan or George Bush tonight. I am going to just recognize small business, and you have run a cut taxes, revenues to the Federal Gov- my friend Judge CARTER for a minute, Chamber and run your own small busi- ernment actually increased. What was and then we are going to have to wrap ness, it seems like to me there are always wrong was that the Congress things up and I will come back to you. some things we are doing that I just spent more money than came in from Mr. CARTER. I just want to point wouldn’t do. those tax cuts. out there are a few things we haven’t The first thing is the death tax. That So tax cuts clearly have worked. It is talked about, like apologizing to the is a bad idea. We are having that death the fiscal discipline in Congress that terrorists; labeling enemy combatants, tax come back so some poor guy loses has always failed us. So maintain fiscal they are now foreign detainees; label- his business, I mean he dies, and his discipline, cut the taxes to get the ing the war on terror as international son is going to run the business, but economy back on track, go into the contingencies; labeling the terror at- now he has to sell half the business to banking system—we had proposed al- tacks as man-caused disasters; hugging pay the tax on it. What is the logic of ternatives that would actually get the up to the Castro brothers, who tried to that? That destroys jobs and destroys banks working again. make their island a launching platform Mr. AKIN. You are talking so fast small businesses. So first the death for intercontinental ballistic missiles and what you are saying is so good, you tax. within my life; and hugging up to Hugo are really referring to three different The next thing it seems to me like Chavez, the man who hates this coun- times in history, where instead of dividends and capital gains, boy, did we try more than anybody, and taking his doing what FDR did and Henry Mor- see the economy jump when we limited book, which is all about venom against genthau tried to do, and came before that and allowed people to keep more this country. Congress and said it failed, it doesn’t These are just a few of many, many liquidity in the economy. So that is an- work, this stimulus idea, this Keynes- other things we haven’t talked about other thing we could to. ian idea, what has worked was what tonight. Another thing, it seems to me, is JFK did, what Ronald Reagan did, and Mr. AKIN. It was basically labeled a when you say you are going to tax peo- what George Bush did, three separate Communist rant and an idiot’s Bible, I ple making $250,000, a whole lot of times at 20-year different intervals, think, by various people that reviewed money, those are the guys that own the and that was they actually cut the that book. small business. Do you want them to taxes, and this seems like water going Going last to my good friend, a very create jobs, or do you want to suck all uphill, and the revenues of the Federal senior and distinguished Congressman the money away from them like some Government went up. from Texas, KEVIN BRADY. sort of leech until they are so dry and That is kind of an interesting phe- Mr. BRADY of Texas. Well, I think withered up they can’t hire anybody nomena, but it has happened time after the way you started this, and the issue anymore? time. And the reason behind that, I is freedom, Thomas Jefferson said a I think there are some things that we will go ahead and yield and let the gen- government big enough to supply all just didn’t do. Just leave them alone tleman explain that. your needs is big enough to take every- and let them do what they do so well, Mr. SCALISE. The problem is fiscal thing you have. It is important we which is follow the American dream. discipline hasn’t been maintained by keep that in mind as this country I yield to my friend from Louisiana. Congress. For all of the new revenue grows deeper, deeper, deeper into debt. Mr. SCALISE. I thank again my that came into the Federal Govern- Mr. AKIN. I appreciate all of you friend from Missouri. You know, there ment, Congress always went on to joining us in this nice family discus- are very critical areas of our economic spend even more money. So that is one sion and hope that it has been of inter- problems that we have proposed alter- area you can address. est to our colleagues. I just ask us native solutions to, three in particular On the banking system, we still have please to do a little better in the next I think that are critical to what is hap- major problems in our banking system, 100 days. pening today that we presented to a lot of it created by irresponsible lend- f President Obama. Unfortunately, he ing by groups like Fannie Mae and hasn’t taken them in the first 100 days. Freddie Mac, who gave loans to people FISCAL ISSUES AFFECTING THE Hopefully he will take them in the next with no ability to pay, and they were COUNTRY 100 days. encouraged by government. We need to The SPEAKER pro tempore (Ms. But if we talk about the overall econ- end that. MARKEY of Colorado). Under the Speak- omy, number one, the banking system, On a comprehensive national energy er’s announced policy of January 6, which is still holding back our econ- policy, we can actually use our own 2009, the gentleman from Massachu- omy; number two, energy policies, natural resources, continue drilling for setts (Mr. CAPUANO) is recognized for 60 where we still don’t have a comprehen- oil, natural gas, cleaning coal up and minutes as the designee of the major- sive national energy policy; number using nuclear power and take that ity leader. three . . . extra revenue with those millions of Mr. CAPUANO. Madam Speaker, I Mr. AKIN. Reclaiming my time, are jobs we would create and fund the al- am here tonight to talk about some of you saying that hugging Chavez is not ternative sources of energy, like wind the fiscal issues that have affected this really a national energy policy? Is that and solar, to get us to that next level country and how they were caused and what you are trying to say? of jobs, rather than a cap-and-trade en- maybe a little bit of who caused them I yield. I couldn’t resist that. ergy tax that would run millions of and who didn’t cause them. Mr. SCALISE. Well, if you start with jobs out of our economy and also raise Over the last several months, obvi- the overall economy, one of the biggest taxes on American families. ously there has been a lot of debate

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.126 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4981 about this and there have been a lot of will ever make. It is the most impor- tember 2008, talking about those times. people who want to point a lot of fin- tant purchase. And Chairman Oxley himself, this is a gers at other people. And that is nat- In the normal course of events, over quote from the Financial Times, not ural. We all tend to do some of that in time, you build up equity in a home. necessarily the bastion of liberal our lives, and it is particularly natural And most of us have to remortgage it thinking. He fumes about the criticism here in Washington. People love to to send our kids to college. That is how of his House colleagues. This is a point fingers at somebody else when most of us afforded to be able to send quote: ‘‘All the hand-wringing and bed there are bad things going on, and peo- our kids to college. wetting is going on without remem- ple love to point fingers at themselves All that being said, Fannie and bering how the House stepped up on when there is something good that goes Freddie and their concept of a govern- this,’’ he says. on. ment-sponsored enterprise have cre- What did we get from the White In this particular case, with the fi- ated over time an immense number of House? We got a one-finger salute. nancial crisis that we have, instead of homeowners, an immense number of When we tried to rein in Fannie and stepping up and understanding that, I people who would not otherwise have Freddie, the right-wing members of the believe every single American, includ- had an opportunity to get a mortgage. Republican Party decided to say ‘‘no.’’ ing me, has some degree of blame in b 2000 They decided to let it ride. the current fiscal situation. Everybody Now, I understand what they were tried to get a piece of the American I have no doubt. I totally agree that doing for political purposes. I don’t un- dream. Everybody tried to punch up over the last 10 or so years, like every- derstand, still don’t to this day under- whatever retirement plans they had. body else, they decided to stretch some stand what they were trying do for fi- Everybody tried to get better rates on of the definitions to do some things nancial purposes or government pur- their loans. Everybody tried to get bet- that maybe were questionable, not nec- poses. But ideologues around this place ter rates on their credit cards. Every- essarily for any nefarious reasons, but never understand that sometimes doing body tried to get more mortgages than for the same reason banks were doing what’s right for people is better than they could afford. Everybody tried to it, for the same reason hedge funds winning an ideological argument. do it. And, of course, some people in were created, for the same reason pri- In this case, if we had simply done business were there to try to provide vate equity firms were created, to get a that one thing, according to, again, those things. little bit better return. this is the Republican chairman of the So I think it is a little ludicrous to Now, there were many of us at the Financial Services Committee at the try to blame anyone in particular, or time, now I’m talking back in 2005 and time, when the House was run by Re- actually any group of people. I think it earlier, who said, you know, maybe publicans, the Senate was run by them is all of us that have some degree of they’ve gone too far; maybe they’ve ex- and they had the White House. This is blame. panded it just a little bit too much; a direct quote. ‘‘We missed a golden op- As I heard some of my colleagues just maybe they have to be reined back in. portunity that would have avoided a a few minutes ago try to blame Fannie And back at that time, our friends, lot of the problems we’re facing now.’’ and Freddie or try to blame individual the Republicans on the other side of That’s his quote, not mine. I happen to Members of the House or individual the aisle, were in charge of the House, agree with him, obviously. Members of the Senate, I think that is they were in charge of the Senate, and We didn’t take the opportunity. And ridiculous, and I actually have more they were in charge of the White what happened? A few years after that faith in the average American than to House. And we worked with them. We things got a little worse. Democrats fi- think they would think any individual worked with Chairman Mike Oxley of nally took the House back. or any one group could do it. the Financial Services Committee to What was one of the very first things In this particular case, let’s go back try to come up with a bill that would we did? We passed a bill to reform just a little bit. What were Fannie and address some of these very issues, and Fannie and Freddie. We passed a bill to Freddie created for? They were created we did. We got a bill out of committee reduce and restrict subprime loans as to help the middle class be able to pur- and on to the floor of this House in a quickly as we could. You can’t put the chase a home. That is why they were bipartisan fashion that would have genie back in the bottle. This was 2007, created. Because before their creation, reined in some of the concerns that after most of the problems had been home ownership was limited to only these people that have just talked have caused. about 20 to 30 percent of Americans. about Fannie and Freddie, and not just Now, that doesn’t mean, I won’t pre- About 60 to 70 percent of Americans Fannie and Freddie. I don’t want to tend that myself and others don’t have were never able to afford a home be- pretend in any way that they were the some degree of blame. I am happy to cause banks simply wouldn’t make only ones doing this, but they were accept my degree. loans unless they were absolutely guar- also the ones that we were responsible What did I do? What did people who anteed of always getting their money for. It would have reined them in. And agreed with me do? back. They wouldn’t take any risk it was done in a responsible way, in a I was happy to push to allow more whatsoever. bipartisan way, with Chairman Oxley people to qualify for mortgages. I So Fannie and Freddie were created and at that time Ranking Member thought at that time, and I still be- in order to stabilize home ownership BARNEY FRANK and the White House, lieve, that that is a good goal. I will that was on the border. They were also the Bush White House, not the Obama admit, knowing what we know now, created, most importantly, to expand White House, not the Clinton White maybe we pushed a little too hard for the availability of mortgages to work- House, but with the Bush White House. some people. I agree with that. I under- ing people. And it happened slowly, When the bill got out here some of stand that. That doesn’t mean when over time. This country went from a the more extreme Members wanted to times get better, people like me won’t place where only 30 percent of Ameri- shut down the whole thing, having no push again, because I still believe that cans own homes, to now in today’s clue how most of their own constitu- the best way into the middle class and world approximately 70 percent of ents were able to afford a home, and the best way to stay in the middle Americans own their own homes. That they raised all their concerns, all the class is home ownership. And I don’t is in contrast to most of Western Eu- same ones you’ve heard tonight, that know anyone who disagrees with that, rope, where it is about 90 percent of government should have nothing to do except people that are already in the people own their own homes. with mortgage rates. Well, that’s ridic- higher income brackets, who they have I personally think, having been ulous. That is ridiculous. And they just theirs, and they’re more than happy to raised in a middle-class, lower-middle- decided to kill it. This is back in 2003, pull up the ladder for the next people class family, that home ownership is 2004 and 2005. trying to make it to the middle class. still the best way to guarantee entry And if you don’t believe me, we have People want to rewrite history. I un- and maintenance of a middle-class life- quotes here from Chairman Oxley him- derstand that. It’s not new. It’s an old style, because it is the largest purchase self, who was quoted as saying—now, political game. But facts are facts. any of us will ever make, most of us this is after the fact. This is dated Sep- When the government agencies had

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.128 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4982 CONGRESSIONAL RECORD — HOUSE April 29, 2009 overstepped some of their boundaries, And we have a chairman that’s very de- came to Congress requesting funds to we were there to try to help them, help liberative and consensus-driven. Unfor- support greater stabilization of our fi- get them back within those boundaries. tunately, when Chairman FRANK took nancial institutions, Chairman FRANK We worked with Republicans. We got a the gavel in 2007, he was faced with didn’t hesitate to bring some sincere good bipartisan bill out of committee, some serious challenges. The subprime bipartisan effort to the equation. He and then that bill fell into the hands of mortgage crisis, the issue of bringing didn’t accept the request as it was, the Newt Gingriches and others of the proper oversight to Fannie Mae and which was, essentially, a blank check. world who just let their ideology con- Freddie Mac, and he really stepped up He demanded greater accountability trol everything they do and everything to those challenges. In fact, prior to and more specific definition of the pur- they say. that, we’d already been working. In pose of those funds, and has continued And we didn’t have the votes. As soon fact, prior to the recent problems with to fight to improve that ever since. as we got the votes, we addressed the the mortgage crisis, in 2007, we imme- But what he also didn’t do is he issues, and we are still addressing them diately passed legislation to address didn’t lay blame. He didn’t step back now. Yes, we’re trying to fix the mess the subprime crisis and, in fact, Chair- and say, that’s another party’s prob- that we inherited and we will continue man FRANK made sure that we passed lem. He brought constructive solutions to try to do so. But we’re also trying to robust oversight for Fannie Mae and forward. And that’s what we all need to make sure, while we’re doing that, that Freddie Mac. That did pass and become do in this body if we’re to address the these things can’t happen again. And law. challenges we continue to face. we have done that already, to some de- Unfortunately, the mortgage reform We’ve had countless hearings, not gree. We have a few more things that went to the Senate, where it did not only in the past Congress, but in this we have to do. move and get to the President for sig- Congress, to address issues about agen- As a matter of fact, today we spent a nature and did not become law. And we cy abilities and lack of abilities; if you fair amount of time in Financial Serv- are now, just this week in committee, look, for instance, at the Madoff scan- ices passing a bill that hopefully will and, in fact, today, we were marking dal and the SEC’s inability to have ad- be on the floor next week, or the week up another mortgage reform bill that dressed that long before they finally after, that will continue that process, we’ll be bringing forward, and we’re did and when it was too late. to make sure that future mortgages, more hopeful that the Senate and the We’ve had hearings about the AIG Number 1, are given to people who de- President will act on that and it will fallout and does that bring about the serve it, Number 2, can be paid back, become law so that we can eliminate need for a greater Federal role in insur- and yet, that balance to allow people the lending practices of the past that ance regulation. to continue to access mortgages, to introduce too much risk to the system We’ve had hearings about systemic continue to build themselves up in the and set up people to fail. It’s not home risk and how we can bring a greater au- middle class, and to continue to be able ownership if you’re only there for a lit- thority to have an umbrella oversight to stay there. tle while and ultimately can’t make beyond the functional regulator so we With that, Mr. Speaker, I’d like to your payments. can determine where there might be yield as much time as she might desire We have to move beyond the lack of risks in the system that, in a future to the gentlewoman from Illinois (Ms. due diligence and proper underwriting downturn, could do what happened re- BEAN). standards that allowed no doc, low doc cently, affecting all of our businesses, Ms. BEAN. Thank you, Mr. Speaker, loans, drive-by appraisals, triple A our families’ savings for retirement and thank to you my colleague, Con- rated securities that really weren’t tri- and for college, reducing the values of gressman CAPUANO for leading this Spe- ple A that contributed to an economic our homes. And we need to avoid that cial Order tonight. downturn of not just systemic propor- type of systemic fallout when we have I wanted to just kind of go back and tions domestically, but international future downturns, which we’re always share with those who are listening to- ramifications. And we’re continuing to likely to have in normal cycles. night that when I came to Congress, I work hard on those issues. We’ve talked about providing resolu- was elected in 2004, I came in 2005. I We’ve worked to address foreclosure tion authority so that, as the FDIC has asked to serve on the Financial Serv- avoidance. We’ve worked to address the been able to wind down failing banks in ices Committee. I had no idea at that credit crisis. And all of this has been a way that has not been disruptive to time that it would be the busiest com- led by a chairman who continues to re- businesses and families who are deposi- mittee in 2009 as we’ve worked to ad- spect good ideas, regardless of which tors of those banks, but to reorganize dress the economic downturn, the likes party they come from. those institutions in a way that doesn’t of which we certainly haven’t seen in I find it interesting that many have bring further panic to the system, we my lifetime. chosen to demonize particular individ- don’t have, and our Federal Govern- But to reflect back on that history, uals in the Congress, or suggest that ment doesn’t have, clear authority rel- what I was so pleased to discover, be- one Member, particularly when he ative to someone like an AIG or other cause we talk a lot about partisanship served in the minority, somehow could institutions that don’t fall under in the media and there’s a feeling that bring the downfall of Fannie or Freddie FDIC’s ability to do that. there’s never any working together in or our system in general, when, in fact, So as we continue through these Washington, is I came to the com- well, for over a decade, many on both hearings and continue our hard work, I mittee in 2005 under the chairmanship sides of the aisle talked about the need think it’s important that we focus on of Republican Mike Oxley and Ranking for proper oversight to these large in- solutions and not playing the blame Member BARNEY FRANK, and they dem- stitutions, Fannie and Freddie. And game. This is my fifth year in Con- onstrated what work together really yet, it wasn’t until Chairman FRANK gress, and I’ve never come to this floor means. It was a committee that put had the gavel that we actually moved to attack an individual or a party, and partisanship aside. Both leaders of both from rhetoric to resolution and passed I don’t ever intend to do that. But I parties recognized hard work and good that resolution in the House so we thought it was important to come, at ideas; it didn’t matter which side of the could bring that oversight. Unfortu- least call it as I see it and lay the aisle it came from. They worked hard nately, by the time it did pass, it was record more clearly where there have to find common ground. And I was very too late to preclude government take- been those who have cast blame clearly happy to be there and learned a lot over of these institutions. in the wrong direction. from Chairman Oxley and respect him, Let me move on to a couple of other as I’ve also come to see that Chairman areas that we’ve been working on in b 2015 FRANK, as he took the gavel in 2007, has committee and, again, where there’s Many economists are telling us this continued in that tradition. It’s excit- been effort to work together. Let’s talk is the worst crisis we have seen since ing to see what’s possible in commit- about the TARP funding. One of the the Great Depression. We have been tees when ideas prevail over ideology. things that I was impressed with was forced to make hard choices, and we As I mentioned, it’s been a busy com- that when past President Bush came are going to continue to make hard mittee, and we haven’t slowed down. and Secretary Paulson at the time choices. And we are going to make

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I am glad that on the ment so that our businesses and our the way that lending was taking place, Financial Services Committee we have families are on a solid foundation that that restraints didn’t exist, that regu- a chairman and a ranking member who supports sustained growth as we turn lation was being eliminated or ignored. both step up to bring that kind of lead- our economy around. And as a consequence, we had a tre- ership in the continued tradition that Thank you. And I yield back. mendous burst of a bubble. was here when I came in 2005 under Mr. CAPUANO. Mr. Speaker, I just And it is under the Democratic Con- Chairman Oxley and then Ranking want to take two seconds and show this gress, under the chairmanship of BAR- Member FRANK. I am glad to be on that chart. NEY FRANK, that there has been a real committee and will continue to do my As you can see, this chart shows the effort to try to rein this in. So instead part. number of subprime loans over a period of having zero, this Congress, one of I will mention one other thing. I hap- from 1996 to 2005. Pretty obvious what the very first things it did under the pen to vice chair a coalition that’s happened. Within the first couple of Democrats and under Chairman called the New Dem Coalition, which is years, subprime loans were reasonable, FRANK’s leadership was to begin re- a pro-growth caucus. And we have been and a number of them given out. This forming Fannie Mae and Freddie Mac. very focused on pro-growth, pro-inno- entire time the House was controlled It was one of the very first bills that vation solutions to some of the chal- by the Republican Party, the entire the Congress in 2007, when I was elect- lenges that we are facing. I also happen time of this chart. ed, when Congressman ELLISON was to chair the task force for the NDC on As you can see from this hashed sec- elected, it was one of the very first Financial Services regulatory reform. tion, that is when the White House was things that we did, knowing full well And I have also appreciated the chair- taken by the Republican Party. And that there were excesses with Fannie man’s deliberative approach and feed- you can see what happened to subprime Mae, Freddie Mac, and the subprime back to some of the suggestions we loans, they skyrocketed. They sky- lending. We still didn’t have much suc- have made to him for committee con- rocketed. And they didn’t stop until cess with the Bush administration. sideration relative to regulatory re- 2008—actually, they didn’t stop. They Certainly, the Obama administration is form. started slowing down in 2008 and they going to deal with this directly. We are focusing on regulatory per- stopped in 2009. We are in the process of working on formance. Clearly, the SEC’s inability What happened in 2007 was the Demo- subprime loans and predatory lending. to determine that there was a problem crats took over the House and they We did finally get some Fannie Mae and Freddie Mac legislation passed at that ultimately resulted in the Madoff passed legislation to deal with this. the end of last year. And now we can Ponzi scheme suggests that we don’t That same legislation—or similar, I start regulating these kinds of vehi- need more regulation, but better regu- shouldn’t say the same, but similar cles, this kind of lending in a serious lation, and a greater degree of best legislation was passed through the Fi- fashion, not one that is going to bring practices in the agencies who should be nancial Services Committee in the the market to a halt, but one that re- accountable for it. year 2005 that would have done the spects the fact that you can get out of We are also working on addressing same things earlier. Now, it wouldn’t control, and that is precisely what hap- issues of market stability and trans- have stopped the problems, but it pened. parency, making sure that we bring to would have lessened the problems. And I know my friend from Massachusetts the table some counters, or counter- this chart speaks for itself. read the quote from Mr. Oxley, who cyclical mechanisms to offset the pro- It is amazing to me that people can was the Republican chairman who tried cyclical nature of our system as it oc- blame others when the ones on the re- to do something but was stalled by the curs currently, which has contributed ceiving end of that did not control this Bush administration. But I think it to repeat cycles of booms and busts and House, did not control the Senate, did again bears reading. He says, this was booms and busts. And we need to be not control the administration, did not last summer, when we actually passed more prescriptive in working with our control any of the appointments to any the Fannie Mae and Freddie Mac legis- regulators to ensure that they consider of the regulatory agencies, yet some- lation and all of a sudden there were a and have the flexibility to weigh in on how they can be blamed for a lack of lot of Republicans saying the Demo- things relative to capital require- action. That is unbelievable rewriting crats should have done something ments. So as we see a bubble in forma- of history. And I just think the people about Fannie Mae and Freddie Mac tion, maybe increasing some of those who know the facts will draw their own earlier before there were any kinds of requirements so as to encourage some conclusions. financial problems. And he said some- deleveraging where clearly we were With that, I would like to yield to thing, he fumes about the criticism of overleveraged. Conversely, when we are the gentleman from Colorado for as his House colleagues—this is Repub- in a precipitous downfall, as we have much time as he would like. lican former Chairman Mike Oxley, all experienced recently, that is prob- Mr. PERLMUTTER. Thank you, Mr. ‘‘All the handwringing and bedwetting ably the time that the regulator should CAPUANO. And I appreciate the com- is going on without remembering how have the ability to consider easing up ments that you have made. the House stepped up on this. What did on those capital requirements so it I have a chart that shows exactly we get from the White House? We got a doesn’t require forced selloff of other how much was done under the Repub- one-finger salute.’’ equities as it did when we had the lican Congress and the Republican ad- So when there was an attempt, even mortgage crisis, which created a more ministration in terms of reforming and under the Republican Congress, to try systemic-wide problem. revamping the GSEs, or, in other to reform things, the White House re- We have to improve consumer and in- words, the Federal National Mortgage fused to do that. So that kind of gives vestor protections. And so we look at Association or the Federal Home Loan you this big zero, what actually hap- things like the credit default swap Mortgage Corporation, and what was pened. market, which has been roughly a $62 done to deal with subprime lending The subprime chart that Congress- trillion unregulated market that left during the Bush administration, and at man CAPUANO showed a second ago was many counterparties out there and ul- the same time when Congress was in another sign of the excesses that were timately required Federal intervention the hands of the Republican Party. taking place under the Republican Con- to assist AIG in their downturn. My friends earlier today from the gress and the Bush administration. Those are the kinds of things that we other side of the aisle were blaming ev- And then you see what we get from all are working on. And we don’t have all erything on Democrats when they were of that. the answers, but we are working to- in charge. Now, it is nice to try to lay My friends on the other side of the gether on a bipartisan basis to find blame when there is a realistic argu- aisle were complaining about the def- those solutions—and had a late night ment for laying that blame, but they icit and the debt that is being incurred

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.131 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4984 CONGRESSIONAL RECORD — HOUSE April 29, 2009 right now, but it is that debt that was toss it to the gentlelady from Wis- Mr. CAPUANO. Absolutely. created under the Bush administration. consin. I am happy to wait my turn in Mr. PERLMUTTER. I just have to go The Obama administration has inher- the line since I was one of the last ones back to the quotes from Mr. Oxley, the ited a $1.3 trillion deficit; that’s where here tonight. Republican chairman at the time, try- they start. That is where this adminis- But I do appreciate the gentleman ing to deal with excesses within the tration starts. And it starts with a from Colorado’s comments; I think mortgage market. This is from the Fi- banking crisis, a $1.3 trillion deficit, they were dead on the mark. And I am nancial Times, dated September 9, 2008. loss of jobs, and a housing crisis. very happy to be here tonight sticking He says, ‘‘We missed a golden oppor- What we are doing is to provide some up for the Democratic record and the tunity that would have avoided a lot of funding so that people can buy homes leadership of BARNEY FRANK on Finan- the problems we’re facing now if we at an interest rate that is reasonable. cial Services reform. hadn’t had such a firm ideological posi- We are trying to stop the foreclosures Mr. CAPUANO. There are just a few tion at the White House and the Treas- that are occurring. So we are trying to things I want to say before I pass it off ury and the Fed.’’ stabilize the housing market and we to the gentlelady from Wisconsin. With that, I’d yield back to my friend are trying to stabilize the financial There are a couple of things that peo- from Massachusetts. market. ple have to understand; yes, Fannie Mr. CAPUANO. I’d like to yield to Now, much of what we did to try and and Freddie have some blame in it, like the gentlewoman from Wisconsin for as stop the crisis or the fall of the finan- we all do, but they didn’t do anything long as she might take. cial markets was done last fall, really that everybody else wasn’t doing as Ms. MOORE of Wisconsin. Well, under a bipartisan effort of the Demo- well. They didn’t create credit default thank you so much, the gentleman cratic Congress and the Bush adminis- swaps. They didn’t create excessive le- from Massachusetts, the gentleman tration, but it was in free fall. So the verage. Yes, they did invest in them from Colorado and the gentleman from Obama administration is trying to get heavily. Why did they invest in them Minnesota. I’m very happy to partici- the financial markets on the right path heavily? They did it because the rate of pate in this Special Order tonight. again. It appears that that is going on. return was so high they couldn’t walk I think that, while we’re talking to- And then we really, this Congress and away, because that higher rate of re- night, it’s really important to raise that administration, also under the turn allowed them to then put more some really uncomfortable issues. I leadership of BARNEY FRANK, we came money up for mortgages. They didn’t have heard many people on the other up with a stimulus bill, which is going do anything that everybody else wasn’t side of the aisle talking about CRA— to spur more jobs, creation of jobs, as doing. the Community Reinvestment Act— So yes, we are talking about them to- well as a new energy economy, revamp- and about Freddie and Fannie as causal night because they are government- ing education, and dealing with health of our current meltdown of the finan- sponsored entities, but a lot of this was care costs. cial market. Let’s get real about this. created by people other than them, the Now I would like to give my friend CRA and Freddie and Fannie are all private market. proxies for a discussion of race, so I from Minnesota an opportunity to There is one other thing I do want to want to talk about race and about the speak about this, and we will then have say. The other thing I have heard an whole history of the Community Rein- a conversation. awful lot of is that somehow the CRA, Mr. ELLISON. If the gentleman vestment Act. Community Reinvestment Act, is would yield, I want to ask the gen- You know, I was out there, demand- somehow to blame for all of this. tleman a question. Did the stimulus ing as a community organizer that package also include the Neighborhood b 2030 banks reinvest in communities in Stabilization Act, which is money, The CRA was a law that was passed which they took deposits. I was one of passed through the Democratic Con- because banks were happy to take the people demanding that they do it. gress, that would allow the neighbor- money out of poor and lower income Through extensive research, I was in- hoods to get money to help buy up neighborhoods without putting any of spired, quite frankly, by a professor— some of these foreclosed properties? it back in. People were allowed to de- now a professor at Georgetown Univer- Did that happen? posit their money, but they weren’t al- sity—who was a professor at the Uni- Mr. PERLMUTTER. It has. The un- lowed to get mortgages. Simple law versity of Wisconsin, Greg Squires, who derlying principle of the American Re- says, if you take the money out of found that minorities and particularly covery and Reinvestment Act, the these communities, you have to put African Americans were being dis- stimulus bill, is jobs, jobs and stabi- some of that money back in. criminated against in terms of getting lizing the housing market, financial Nothing in the CRA says a single prime loans. market. But what it does with the loan should be given that is inappro- What Professor Squires found is that, Neighborhood Stabilization Act is it priate. Nothing in the CRA says a sin- even when you controlled for income starts to absorb foreclosed properties, gle loan should be done in an unsafe or and when you controlled for other indi- takes those foreclosed properties, up- in an unprofitable manner. That’s not ces of creditworthiness, African Ameri- grades them, rehabilitates the prop- what it says. As a matter of fact, it cans were less likely to get a prime erties, and makes them energy-effi- says things just quite the opposite. It loan and that redlining was the rule of cient homes. So not only does it sta- simply says, if you want to do business the day and that, if you lived in a mi- bilize the housing market, it creates in a certain community, you have to nority community, especially in the jobs by upgrading these homes to en- then do business in that community. black community, no matter what ergy-efficient standards, and then helps It’s quite simple. your income, no matter what your us move to a new energy economy, One little fact: In 2006, 84 percent of credit score, no matter what your cred- which is one of the key points in the the high-cost loans were originated by itworthiness, being black—being an Af- stimulus bill. So it really has so many non-CRA covered banks. I’ll say it rican American—would either not get facets to it, the stimulus bill does, to again to make the point. Eighty-four you a loan at all or it would get you a get us back on track after falling off a percent of the loans given that were subprime loan. cliff, as you can see what happened high-cost loans—all of these loans that So the Community Reinvestment Act under the Bush administration. mostly get a lot of people in trouble— encouraged federally insured banks and I would yield back to my friend from were not given by banks covered by the thrifts to meet the credit needs of the Minnesota for any further comments; CRA. How could they possibly then or entire communities that they served, or I know my friend from Massachu- how could that law possibly have including low- and moderate-income setts is to be guiding all of us tonight, caused this trouble if they were only areas, that were consistent with safe so wherever you would like to go. giving out 16 percent of the troubled and sound banking practices. The law Mr. ELLISON. Well, you know what, loans? No one else is to blame, just the was enacted in response to those of us I appreciate that, but I am going to ones that they don’t like. who were out there who were con- toss it back to the gentleman from Mr. PERLMUTTER. Would the gen- cerned about disinvestment, and we Massachusetts, who I think is going to tleman yield for just one second? produced evidence that lenders were

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.132 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4985 systematically denying credit to cer- know that race is extremely uncom- Mr. ELLISON. Well, actually, I’d like tain communities, particularly to mi- fortable for people to talk about, but I to address the question that was raised nority and low-income communities. think it’s important to keep it real. by Congresswoman GWEN MOORE from They were actually practicing red- Mr. CAPUANO. It certainly is un- Wisconsin. I’d like to pose a question lining. comfortable for a lot of us, and it cer- to her, and this question is going to As you indicated, the gentleman tainly is real. I totally agree with ev- take a little buildup, so bear with me. from Massachusetts, you were incor- erything the gentlewoman just said. Ms. MOORE of Wisconsin. Okay. rect to say it was 84 percent of the By the way, if it were a race item, in Mr. ELLISON. Now, if you were re- high-cost loans that were made. It was reality, wouldn’t everyone losing their sponsible for deregulating the markets 84.3 percent of these high-cost loans homes today be black? The answer is and if you were responsible for that were made in the 15 largest metro- that it’s not. It’s across all lines. unleashing the wildest impulses in politan areas. So what happened? Blacks are losing their houses. Whites human nature—greed among them— We went from CRA, which was a very are losing their houses. Hispanics are and if you presided over a catastrophic good law, and Freddie and Fannie— losing their houses. Why? We’ve all increase in the budget deficit as you these government-sponsored enter- been victimized. I want to be clear. I cut taxes for the wealthiest Americans prises. We found that, in 2004, our want to repeat again: and if you let loose a war in Iraq that former President, George W. Bush, de- Fannie and Freddie didn’t do any- should never have been fought, after it manded that Freddie and Fannie take thing that everybody else wasn’t doing. all came crashing down, wouldn’t you on more of these mortgage-backed se- I’m not saying they’re not without be looking for somebody to blame? curities that were being produced by blame. They are as I am and as, I Well, you might just blame the people these subprime lenders, the 84.3 percent think, everyone is. We all have some who are the most vulnerable in our who were non-CRA lenders, and re- degree of blame. Okay. At the same economy, and that is what is at the quired them to buy more of these mort- time, what about those who were in very root of the CRA mess. gage-backed securities. Now, mind you, charge at the time? I’ll go back to the You can’t possibly expect people to Freddie and Fannie didn’t write one chart of subprime loans. accept responsibility. Look, when you single subprime loan, but they also be- During that entire time that look at these crossed lines here, this is subprime loans were charging upward, came prey to the predators. when the party opposite ran the whole Now, why was there such a change of this House was controlled by Repub- shooting match. This is when they had heart with respect to providing loans licans. The Senate was controlled by the White House and this House and to minority communities? Because Republicans almost that entire time. the other body—the Senate. They ran they found that there was a whole lot Particularly when they went through the whole shooting match, and we got the roof, that’s when they took over of money that could be made from a big, fat, enormous, giant goose egg the White House. Why? Why did it hap- these products, that there was a lot of out of it as it relates to any kind of fi- pen overnight? Nobody sat down and money—a lot of moola—that could be nancial regulation. said, ‘‘Let’s do subprime loans.’’ As soon as the 110th Congress broke made from these subprime loans. Low- What happened is we got an adminis- out and when we finally got a chance income communities—minority com- tration at the White House that said, to do some regulation, what did we see? munities—were targeted for these ‘‘We don’t need regulation. Let the Through this House, we passed the subprime loans. market do whatever it wants. Let So they went from not lending them human greed go unregulated.’’ Now, shareholder vote on executive pay, the money at all to providing loans to then there’s nothing wrong with human so-called ‘‘Say-on-Pay.’’ If you were forcing Freddie and Fannie, without greed. We’re all greedy. It’s what drives upset, frustrated, angry or were in any getting regulation or with no one a lot of us—we all want more—but un- way annoyed by the AIG scandal and watching, to buy these mortgage- fettered greed, unregulated greed, un- by the executive pay or by any of this backed securities. limited greed always leads to disaster. stuff, you can know and feel good So I just want to get it straight here It always does. We had an administra- about the fact that it was the Demo- that, indeed, there were many, many, tion that believed the market could cratic Congress and the Financial Serv- many loans made to African Americans regulate itself, period. Now, the mar- ices Committee, under the leadership and to Hispanics—people who were ket can regulate itself to some degree, of BARNEY FRANK, that passed Say-on- creditworthy, people who deserved but when you say to the SEC, ‘‘Do Pay, which said, ‘‘You know what? prime loans. They didn’t deserve these nothing. Look the other way on credit We’re going to let those investors have ARMs. Research and data are conclu- default swaps. Sit on your hands when a say-so over these executive pay pack- sive that African Americans, in par- anybody comes up with new instrumen- ages. We’re going to do that.’’ That was ticular, were given subprime loans even tations and when banks have special passed in the 110th Congress, but it though they were worthy of prime investment vehicles that are off the wasn’t made law. It was passed through loans. So I just don’t want to hear it books,’’ this is the result. the 110th Congress. anymore. Congress has some blame. No ques- Not only that, we did pass legislation When you hear CRA, the gentleman tion about it. Personally, I should have to bring in regulation and oversight to from Colorado; when you hear Fannie, screamed louder. Now we have the the Office of the Federal Housing En- the gentleman from Minnesota; and votes. Those people with the votes terprise Oversight. OFHEO was moved when you hear Freddie, that’s a proxy should have done something. out, and the Federal Housing Financial for ‘‘we loaned to all of those black I want to point to the chart behind Agency was moved in. people, and that’s why we’re having the gentleman from Colorado again. So, yes, the problems that the gen- this worldwide crisis.’’ No. The reason During the time period when Repub- tleman from Massachusetts identified we’re having this worldwide crisis is licans had control, they did nothing. with Fannie and Freddie were there. because of greed, because of fraud, be- Nothing. Since we took over—and I’ll They did buy too many of these mort- cause of lax regulators, because of go through the litany later because I’d gage-backed securities. But what hap- fraudulent appraisers, because of the like to yield to the gentleman from pened in the 110th Congress? We re- 84.3 non-CRA—non-Community Rein- Minnesota—we have taken action. sponded. We did something. We did not vestment Act—financial institutions in With action sometimes—there’s no leave it to go unattended. the marketplace, and because of race. question about it—the horse is out of Not only that, we passed the Credit Race was the single factor in deter- the barn to some degree. You can only Cardholders’ Bill of Rights in 2008, and mining over the course of the past 30 do so much when that has happened, we passed it again, and we’re going to years, first of all, who would not get a but we have done what we could do pass it again on the House floor tomor- loan, who would be redlined against, when we could do it. We will continue row. I’m so excited about that. Let me and now currently who would, in fact, doing it this week and again next just say something about it as we slow get a subprime loan. week. down to talk about it. I would yield to the gentleman from With that, I’d like to yield to the While we were debating the bill on Massachusetts in response to this. I gentleman from Minnesota. the floor today, we had a good friend of

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.134 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4986 CONGRESSIONAL RECORD — HOUSE April 29, 2009 mine speak, a gentleman whom I actu- Cardholders’ Bill of Rights Act of 2009, thing is going well, you think people ally quite enjoy listening to, a gen- and the Mortgage Reform and Anti- are in agreement; and when the leader- tleman from Texas. He’s a fine man, Predatory Lending Act which was ship of this House says, ‘‘Forget about but he’s fond of saying, ‘‘Okay. You passed in 2007 but hopefully will be- it. We’re doing what we want to do on guys are talking about predatory lend- come law in the weeks to come and an ideological basis. We don’t care ing, but what about predatory bor- which should be on the House floor in about this bipartisanship,’’ that tells rowing?’’ You’ve heard this phrase, the very near future. That’s what I call you, don’t even try this again. Don’t right? Well, let’s talk about predatory being a good steward, that’s what I call waste your time. And there was noth- borrowing for a minute. being a financial leader, and that’s ing else that happened until Democrats took the House back, and we acted b 2045 what I call the leadership of Barney Frank from Massachusetts. I am proud quickly. Representative ELLISON just When somebody gets an extra to be on the committee. listed a whole bunch of those items, amount of money called a yield spread Mr. CAPUANO. I would like to thank and as he said, we’re doing more today. premium to steer you to a high cost the gentleman. Mr. PERLMUTTER. Would the gen- loan and it makes them money to do I would like to just read one little tleman yield? so, that’s how you get people getting fact. May 25, 2005, there was a vote in Mr. CAPUANO. Yes, I would. into loans they are not supposed to get the Financial Services Committee of Mr. PERLMUTTER. And I think into. They get into loans because the the House that was then under the con- that’s the important point here. We people they trust, the mortgage origi- trol of Republicans. The chairman was want to explain to anybody who might nators who they rely on, are Mike Oxley, who’s been mentioned here be listening within this House. This is incentivized to do so. a couple of times. I knew him. I served in an effort to be bipartisan. There was What are we doing about it in the with him. He was a good man. He was in 2005. There was when we took the 111th Congress? We’re addressing this a true conservative. But he was a good control of the Congress in 2007 and 2008 practice right now to try to say no, it’s man. He fought for his ideals as we all and now 2009. BARNEY FRANK seeks that your job to look out for the borrower. fight for ours. And he, at that time, in every single vote and every single You have got to look out for the bor- had control. He won a fair number of bill as we go through this, and then so rower. You can make more money by times, but he would talk to you openly, does the President of the United doing a lot of loans, you can make honestly, and didn’t pull any punches. States, Barack Obama. But we’re not more money doing bigger loans, but Chairman Oxley at the head, Rep- going to sit on our hands and allow the you can’t make more money simply by resentative FRANK as the ranking country to just stall out. steering somebody to a high-cost loan. member of the minority party, May 25, I mean, some of my friends on the That is going on now. 2005, H.R. 1461, a vote of 65–5. Every sin- other side, their mantra is ‘‘Just say We passed the Credit Cardholders’ gle Democrat and, obviously, most of no. We like the status quo.’’ We can’t afford the status quo any longer. So Bill of Rights Act in 2008, and we’re the Republicans on that committee we’re going to stabilize the housing going to pass it again very soon, and, voted for a reform bill of Fannie and market and the financial markets, God willing, it will be law in the very Freddie. That bill came out, went to we’re going to stimulate this economy, near future. the Rules Committee, and was and we’re going to place back into the But not only that, the gentleman changed. Dramatically changed. Why system reasonable regulations so that from Colorado talked about passage of was it changed? Pure ideology. the Neighborhood Stabilization Act. The Republicans—as the Democrats America can really get back on track. And we see signs of that today. This is a bill that directed the Sec- do now—if the Democrats stick to- It’s going to be a rocky time and a retary of Housing and Urban Develop- gether, we can pretty much pass any steep hill for us to climb, but we are ment to make loans to qualified bill we want out of Financial Services turning the corner. I am just proud to States, metropolitan cities and urban or any other committee. That’s the be part of this Financial Services Com- areas in accordance with HUD approval way the House works. At the time, the mittee with my friends here under the grants to carry out eligible housing Republicans were in the majority. chairmanship of BARNEY FRANK and stimulus activities, which included They could have passed any bill they under a presidency of Barack Obama. greenification—is that a word? Green- wanted without a single Democratic With that, I return the message to ing. Renewable energy. And also buy- vote if they chose to do so. Chairman my friend from Massachusetts. ing up houses so that you wouldn’t Oxley preferred to take an important Mr. CAPUANO. I recognize the gen- have these vacant, boarded-up places issue and work hard to get bipartisan tlewoman from Wisconsin. that were an attractive nuisance for support. And he did. Ms. MOORE of Wisconsin. Thank everything from arson to young people My colleagues here all serve on the you. getting dragged into these places and Financial Service Committee. You I really agree with your sentiments, copper strippers and all the rest. can’t name me too many times we have the gentleman from Colorado, that it’s I submit today that the Democratic a rollcall vote that we get a 65–5 vote time to move forward. I only arrived Congress, since we became the major- on any issue of major importance here in the 109th Congress, and I was ity, has been actively engaged in finan- today or almost ever. I have been on here for one session in the minority. cial regulation. We have been actively the committee 11 years now. It almost But what I experienced then was BAR- engaged in trying to look out for the never happens. That is hard work. That NEY FRANK consistently working to try American consumer. We have been try- is work that deserves credit. That is to reduce the systemic risk even before ing to bring stability and liquidity to work that says it’s a serious issue that Paulson and Bush came and said, we’re the financial markets. And I will sub- should rise above ideology of either having a problem. mit that in the 110th Congress and the side. The bill wasn’t perfect, in my I remember the Federal Housing Fi- 111th Congress, the majority has dem- opinion, but it was pretty good. And it nancial Reform Act, to try to provide a onstrated—and some Republicans have was the best we could get at the time. good regulator for Freddie and Fannie, been smart enough to vote with us— We were in the minority. Understand something that hadn’t happened under and say yes, America is a free market that. Something is better than noth- Republican control. And, of course, no society. We believe in the generative ing. action was taken in the Senate. So power of markets. We believe markets So 65–5, the bill comes out and gets thank God we’ve got maybe 60 votes should be allowed to run, but we know tossed aside by people that didn’t know now so that that won’t be stalled out. human nature needs some restraint much about the issue, yet ran this I saw BARNEY trying to provide what sometimes, and we need to have some House, because of ideological purposes. we did today, the Mortgage Reform and rules to this game, and thank goodness That tells you—I think it should tell Anti-Predatory Lending Act of 2007. He this is happening right now. you—there was an attempt to take ac- tried to do it before today. Of course, So look forward to the American Re- tion even in 2005. When that happens, that stalled in the Senate. So thank covery and Reinvestment Act which you send the bill out, the committee God we have 60 votes now. Maybe some put real financial change in, the Credit has done its work, you think every- of his initiatives can go forward.

VerDate Nov 24 2008 04:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.135 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4987 I remember taking a codel with BAR- devoid of humility—with the exception But the defense was of Fannie and NEY FRANK to London and Brussels of seeking to impose that on others— Freddie coming from the current chair- where we talked about systemic risk, but 60 minutes of defense of, whose man of the Financial Services Com- worldwide, long before anyone was name came up more often than George mittee who has not only been all over owning up to the financial meltdown. Bush’s and Dick Cheney’s? BARNEY the airwaves playing self-defense in So BARNEY FRANK has really been on FRANK. Members of the committee here this economic calamity that we’re in point, and hopefully with a Democratic on the floor spending 60 minutes de- the middle of but who, on the eve of majority and someone in the White scribing how it is that BARNEY FRANK’s our departure to go home for Easter House, his continued efforts to rein in leadership was the correct path to fol- vacation, came to this floor for a 60- systemic risk will not be stalled out as low throughout all of this time and ex- minute Special Order to explain how it they have in the past. plaining that we can’t afford the status was that he was right and the rest of us Mr. ELLISON. BARNEY FRANK with a quo, that Republicans wanted the sta- were wrong. tremendous intellect, with a tremen- tus quo. And now I hear a committee that dous sense of humor, with a bipartisan I would just take you back, Mr. comes down and deploy themselves spirit and an even hand has shepherded Speaker, to think about this. They across the floor, and it’s essentially the great legislation to help stabilize talked about 2005. I remember the de- same thing. And they dig back into the America and begin our ascent once bate here in 2005, and I remember the Community Reinvestment Act and again. exact date. It was October 26. And it they argue that in that reinvestment I want to say that even on the Credit was an effort to regulate Fannie Mae act, there wasn’t a requirement that Cardholders’ Bill of Rights, a bill that and Freddie Mac, a piece of the subject there be bad loans made into bad I am emotionally involved in, I feel so matter from all of these highly in- neighborhoods. good about, we got nine Republican formed people from the Financial Serv- b 2100 votes and a bunch of Democratic votes. ices Committee. They seem to forget Look. Even a lot of Republicans that Republicans weren’t satisfied with That’s true, Mr. Speaker. There know that we have been doing the the status quo; it was BARNEY FRANK wasn’t a specific requirement that re- wrong thing by neglecting regulation. that was satisfied with the status quo. quired lending institutions to make It’s time for us to put all this squab- The one who said over and over again bad loans in bad neighborhoods. It was bling aside and say no matter what the into the record, on committee, here on simply this: You will not expand your party is, no matter what party you the floor in debate, specifically on that operations if you don’t make bad loans may belong to, Democrats are just bet- date that I mentioned, that Fannie in bad neighborhoods. And we know ter at running the economy. I like Re- Mae and Freddie Mac were just fine, that there were people that came and publicans. Some of my best friends are they don’t need any more regulation. sought to intimidate the lenders and Republicans. My dad is a Republican. I He would resist, and he aggressively re- pushed their desks around. And some- think they’re great. sisted the effort to try to regulate times it was Members of Congress. I But if you want good regulation that Fannie Mae and Freddie Mac. may have actually heard a confession helps the economy grow, you can look Mr. CAPUANO. Will the gentleman here on the floor tonight, Mr. Speaker, at the 110th and 111th Congress for an yield? to intimidate lenders into making example of who knows how to do that. Mr. KING of Iowa. I would be happy these bad loans. And lenders put people It’s happened successfully. It will con- to yield to the gentleman. I had en- on their payroll in order to fill out tinue to happen. And I bet you when gaged in this and I was hoping you portfolios and be able to hand to the that Credit Cardholders’ Bill of Rights would come back. regulators their case that they had hits the floor of this House and I bet Mr. CAPUANO. Well, I am leaving in been complying not just with the letter you when the anti-predatory lending a few minutes, but I will come back. of the Community Reinvestment Act bill hits the floor of this House, we’re I don’t have the records in front of but what they perceived to be the in- going to get a bunch of Republican me, and that’s fine. tent of Congress, the changing intent votes because even they know that the Mr. KING of Iowa. And I don’t either. of Congress, in the Community Rein- Democratic Party is a good financial Mr. CAPUANO. And that’s fine. But vestment Act. That act was part of the manager. would the gentleman agree that the foundation for the financial problem f Democrats didn’t run the House? we have today. Not the only reason. It Mr. KING of Iowa. Reclaiming my wasn’t the only reason at all. But it TIME TO LET GO OF THE PAST time, I would easily agree to that and laid a rotten foundation for the other The SPEAKER pro tempore (Mr. that’s the point I am seeking to things that were built on top of it. GRAYSON). Under the Speaker’s an- make—that now today you do. That And when the gentlewoman from nounced policy of January 6, 2009, the time has passed. Now you have Presi- Wisconsin makes a statement that gentleman from Iowa (Mr. KING) is rec- dent Obama and you have Speaker many, many loans were made to Afri- ognized for 60 minutes. PELOSI and you have Majority Leader can Americans and Hispanics, I long Mr. KING of Iowa. Thank you, Mr. HARRY REID. And so that whole sce- for the day that there is no box to Speaker. nario that you were using to describe check in a loan application. I think we In listening to the dialogue that has this in past Congresses, today it’s a all should be treated equally. I think taken place here in the previous hour, new world. It’s time to move on. that we should be color blind. I think I think it’s time for a little bit of infor- Mr. CAPUANO. I totally agree. someone who qualifies for a loan mation to unfold, and, that is, it’s time Mr. KING of Iowa. That’s my point. should have that loan granted to them to move on. It’s time to let go. It’s I thank the gentleman for coming without regard to race, creed, religion, time to take responsibility. It is not back and engaging. I always enjoy it. ethnicity, national origin, or any other any longer time to come to this floor Mr. CAPUANO. It’s nice to agree for characteristic. I don’t want to see peo- and spend your time beating up on a change. ple that are God’s children categorized George W. Bush. He’s not the President Mr. KING of Iowa. Continuing on, Mr. by skin color or national origin or sex- today. Or beating up on Dick Cheney. Speaker, that debate here on this floor, ual orientation, for that matter, or any He’s no longer the President of the October 26, 2005, was about seeking to other component that we are obsessing United States Senate today. And nei- regulate Fannie Mae and Freddie Mac. with here in this Congress. ther is Denny Hastert the Speaker of There was an amendment that I re- This is about dividing people. This is the House. And neither is MITCH call that was brought by the gen- what’s going on. It’s pitting Americans MCCONNELL the majority leader of the tleman, Mr. Leach, who believed against Americans. You can hear it in United States Senate. All of those strongly that Fannie Mae and Freddie the tone in the previous hour, where things have changed, and they have Mac were underregulated, under- there’s some more virtue in one eth- changed recently, Mr. Speaker. capitalized and I agreed with him, and nicity than there is in another. I don’t So to listen to this dialogue that’s a good number of the rest of us agreed believe that, Mr. Speaker. In fact, I here tonight—and, by the way, fairly with him. heard the statement made that they

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.137 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4988 CONGRESSIONAL RECORD — HOUSE April 29, 2009 were bragging about ‘‘we loan to black folks that were making those state- government entities but wholly owned people,’’ closed quote, from the pre- ments ought to look home to them- subsidiaries, nationalized. The guar- vious hour. I wouldn’t know I was selves first rather than outward to try antee of the full faith and credit of the doing that. I would think I’m lending to place some blame. And I’m happy to United States Government did come to to God’s children without regard to acknowledge every legitimate vote, pass, and the taxpayers did fork over race, ethnicity, color, national origin, and I think they should be counted. $200 billion. And today these are na- or any other characteristic, mutable or But I think we need to recognize that tionalized government entities that immutable. these things do swing both ways and it were quasi private that had been whol- And it was said in the previous hour swung dramatically the other way. ly private. that race was the single factor in the I would just reiterate, Mr. Speaker, And I introduced legislation to cap- past 30 years in determining who would it’s time to let go. It’s time to move italize and regulate Fannie Mae and not get a loan. Maybe it was in some on. It’s time to govern with the people Freddie Mac and privatize them last cases, and I think that when that was that were elected in the majority today September or perhaps October. It needs the case, the motivation was right for and not point fingers backwards and to be done yet, Mr. Speaker, although the Community Reinvestment Act. It’s place blame where there is no blame we have enough things going on in our just the policy that was wrong. There due in particular. And I think when finances today that I choose not to ad- were lenders that were drawing a red you hear a hue and cry come up, and vocate aggressively on that path be- line around different neighborhoods in when you see a relentless effort to ad- cause we’ll get bogged down and not be the cities, especially in the inner cit- vocate in favor of an individual in this able to do the things we need to do. ies, and they had concluded that the Congress, and when I see him do it So that’s just the Community Rein- asset value of that real estate was himself here on the floor as chairman vestment Act and Fannie Mae and going down, not up. And they had de- of the Financial Services Committee, Freddie Mac. cided it wasn’t a prudent business in- when I see these Members here tonight And if we move on and we look at vestment to make loans into those spend an hour essentially doing the some of the other things that went neighborhoods that were red lined. same thing, that tells me there must wrong, we had the bursting of the dot- Now, if they drew a line around a be something there that caused them com bubble that just started to happen neighborhood because it was African to want to be defensive. And I’m going in the last year or two of the Clinton American and probably wasn’t His- to submit that the opposition to the administration. It was initiated by the panic back in those days, if they did regulation of Fannie Mae and Freddie lawsuit against Microsoft, and that that for race reasons, that was wrong, Mac looms as another significant com- was what pierced the dot-com bubble. I Mr. Speaker. If they did it for eco- ponent in what went wrong in our fi- think it would have burst anyway. The nomic reasons, it was perhaps a pru- nances. bubble was created because we had dent economic calculation, a prudent So to run through this thing from the technologically figured out how to business model, but not because of Community Reinvestment Act to store and transfer information more ef- race. Fannie Mae and Freddie Mac and to fectively than ever before, cheaper So the Community Reinvestment Act recognize that the secondary loan mar- than ever before. And yet the specu- was formed. Fannie Mae and Freddie ket was underregulated, undercapital- lators were investing in these dot-com Mac began picking up loans in the sec- ized, Fannie Mae and Freddie Mac, who companies, anticipating there would be ondary market that were being issued were purchasing these loans and selling a lot of money made in the industry. in order to build a lender’s portfolio so them back, and they were the sec- And there was. But the calculation they could expand into these neighbor- ondary market and they were bundling that was the burst of the dot-com bub- hoods and beyond. And the book- them up and moving those on through ble was when the bubble had to col- keeping that was done to make this the financial sector, they had an un- lapse and let the air out of it that was case to the regulators was set up more natural advantage. Less capital, less there because there also had to be an and more from, I’ll say, a perverse in- regulation. And behind them they had, increase in production and efficiency centive to make enough loans that technically speaking, and the gen- that came with all of that information. they could characterize them as, well, tleman from Massachusetts would raise If it didn’t create that, it didn’t have race was the single factor in the past 30 an objection and disagree with me on an economic value. So we speculated years in determining who would not this, but I’ll submit this: Fannie Mae on what that value might be. The bub- get a loan. It may well have been the and Freddie Mac had the full faith and ble burst when it was pierced by the single factor over that same period of credit of the United States Govern- Microsoft lawsuit. And as the economy time in determining who would get a ment behind them. That made their began to decline, George Bush was loan under the Community Reinvest- capital more effective than the capital elected President. And we had this bub- ment Act. of a private lending institution that ble going on. I would just make a point, Mr. had to compete with them. And I will Alan Greenspan saw this happening Speaker, and I, again, believe that we concede the point they would like to and concluded that he needed to create should not categorize people by race or make if they were here, that tech- an economy that would fill the dot-com ethnicity or national origin or any of nically they didn’t have the full faith bubble. So he began to rachet interest these other characteristics that I’ve and credit. But they had the implica- rates down and to do so especially on mentioned, but this data that I see tion of the full faith and credit of the our long-term loans, and we ended up shows that 96 percent of African Amer- United States Government that was with subprime loans, to create an econ- icans voted for our first black Presi- there, which allowed them to take omy that would fill the hole that was dent. That’s the largest percentage of more risks and take those risks with created by the bursting of the dot-com any ethnic group ever known to vote less capital than if they had been an- bubble. Alan Greenspan was busily for a single presidential candidate in other lending institution. ratcheting those interest rates down to the history of the United States of And what happened, Mr. Speaker? unnatural levels, creating a housing America, the most pluralistic nation in Clearly we know what happened. bubble to fill the dot-com bubble hole, the world, and we probably always will Fannie Mae and Freddie Mac got in while September 11th rolled around and be. And I would just submit, Mr. trouble, in big trouble. And they were the United States was attacked by our Speaker, that this President would not looking at $5.5 trillion in contingent li- enemies. The financial centers of the be President today if any of the other abilities if their investments fell apart. United States attacked by our enemies. races were so racially motivated in the They had to be capitalized. They had to We saw this all happen. And while it ballots that they cast when they went be managed. So what happened? was going on, we needed to make some to the polls. Roughly $200 billion from the U.S. tax- adjustments to bring this economy So I think if there’s going to be a payer went into capitalizing Fannie around because we were wobbly when color painted on anyone, a bias that’s and Freddie, and they became national- the attack came on September 11 of painted in there, an implication that ized, wholly owned subsidiaries of the 2001. This Congress passed the first comes out of this dialogue, I think the Federal Government, no longer quasi round of Bush tax cuts. It filled a

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.139 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4989 minor hole. It was May 28, 2003, when enough was enough? We actually will devise out of a society, because there’s the real Bush tax cuts took place, and never know what President Bush would always going to be some people in be- they were the ones that had long-last- have done. But we do know what Presi- tween jobs. That was the scenario of a ing value that brought this economy dent Obama has done and what he has full employment society. throughout the entire Bush term, even said. And what he has said is the New And had we done the free-market though we were in the middle of fight- Deal actually did work, that FDR got thing back in the thirties, had we just ing a war, even though our financial part of it right, but he ran out of nerve simply pulled government back out of center had been hammered. And while and he got worried about spending too the way, lowered some taxes and given all this was going on, the housing bub- much money; so he backed off in the the entrepreneurs an opportunity, in- ble was being created yet, even though second half of the decade of the 1930s, stead of competing directly with them as the interest rates went higher, the and that brought about a recession for capital, for employees, and, actu- subprime loans and the variable inter- within a depression. ally, for jobs, had we let the private sector flourish in the thirties, I believe est rates were being adjusted and put- b 2115 ting people in trouble with homes that we would have seen a lower unemploy- would have been in trouble probably This is the President talking, not me. ment rate and real economic growth anyway, many of them. Not all of them I don’t believe that this is what hap- going on into towards World War II. by any means. pened. I’ve studied it and I draw a dif- The war would have happened, anyway, So this was almost a perfect storm. ferent message from it. but we would have been on the footing And I haven’t even gotten to the mark- But the message that our President of not carrying the debt we did into the to-market accounting side of this thing drew was that FDR should have spent a Second World War which put a tremen- and credit default swaps and AIG In- lot more money. If he had done that we dous amount of debt on our economy. surance that had nobody looking over would have recovered from the Great We need to remember, Mr. Speaker, their shoulder that were setting their Depression before World War II had to that from the time that FDR was inau- own premium rates and had such a come along to be the largest stimulus gurated as President of the United market share that there wasn’t a way plan ever and get us out of this depres- States and initiated the New Deal pro- that anyone could look in on them and sion. Not that anybody is concluding gram—let me back up a little more. I second guess the rates they were pro- that we would not have had World War will back up to October 1929 when the viding to guarantee the return on the II if we had had a stronger economy. I stock market crashed. The stock market on the day that it bundles of mortgage-backed securities. don’t think that’s actually a valid ex- crashed, that point as a benchmark, we So this perfect storm unfolded until ercise in the study of history. went through to 1930, the beginning of the day Henry Paulson came to this But I will make this other point. the decade of the thirties, all the way Congress and called for $700 billion. Whenever you borrow billions of dol- through the thirties, not reaching the And he said, I’ve been watching this lars from the future of our children, point where the stock market had been problem for 13 months. and you inject it into the economy and when it crashed in October of ’29, all And we said, Why didn’t you do make-work projects that do not have the New Deal, we exhausted every dol- something? economic value, you put this Nation in He said, Well, if I had said anything, a debt that is harder and harder for it lar invested in New Deal, spent it all, it would have accelerated a downward to climb back from. That’s what this make-work projects of all kinds, bor- spiral in our economy. policy has done, that’s what this stim- rowed money hand over fist, hired peo- Well, so what was he doing here in ulus plan does, and that’s what many ple to work directly for the Federal Congress asking for $700 billion and of the proposals that have unfolded Government to do make-work projects, doing press conferences and interviews here from this Federal Government to dig holes and fill them back up, all every step along the way around this have done. the way through the thirties, and still Capitol but scaring the living daylights If Franklin Delano Roosevelt had the stock market hadn’t recovered in a substantial way. out of everyone and demanding $700 bil- gotten it right, we would have seen a We went into World War II and indus- lion? So could he have just done that 13 positive recovery from the Great De- trialized all of America and we were pression take place in the thirties. But months earlier, maybe we could have the surviving industrial nation at the instead we saw unemployment rates had a way to digest all of this and the close of World War II, and still the going into World War II that were very crisis wouldn’t have been as bad. But it stock market hadn’t caught back up similar to the unemployment rates in got bad. with where it was in October of ’29. I will say, though, that where we are the middle of the decade. I will say So we had the post-World War II era today, the United States economy that FDR inherited some very high un- when our troops came back home and hasn’t taken the hit as hard as the rest employment rates. the economy got a shot in the arm be- of the industrialized world has and that The numbers that I recall are about cause we had good, well-trained em- President Obama picked up the plan 25 percent. That would be the peak. ployees that were starting families, that was proposed by Henry Paulson But at 15 percent, it’s really serious. and there were real investments going and endorsed by President Bush. He And we are seeing unemployment rates on. And throughout that period of picked this up. And, by the way, he now that show at least 11.5 million peo- time, from 1945 until the early fifties, came back to vote for the $700 billion ple in America that are out there ac- still the stock market didn’t catch up TARP, and yet as elected President, he tively looking for jobs. with where it was in October of ’29. was fond of saying, I inherited a tril- Now this 25 percent unemployment And then the Korean War began, and lion dollar deficit; so don’t blame me rate that we had in the early thirties we went over there and fought that war for all the things that have gone wrong carried through at 15 percent, in that and lost those soldiers over there and in the past. range or a little more, on throughout negotiated to a draw in Korea. And Well, part of that trillion-dollar def- that entire decade, and then World War still the stock market didn’t catch up icit he voted for. Maybe not all of that II came along and put people to work. with where it was in October of ’29. Not because he didn’t spend a lot of time in When I hear people tell me that 4.6 per- until 1954, Mr. Speaker, not until the United States Senate, but he voted cent is a historically low unemploy- Franklin Delano Roosevelt had been for a lot of the deficit that President ment rate—and we had that rate 3 or 4 dead for 9 years did the stock market Obama claims to have and for a signifi- years ago—I would disagree, Mr. recover from where it was on the day cant portion of it did inherit. Speaker. When I look through the that it crashed in October of 1929. But it’s his economy. He voted for it. rates, my recollection is, and I am very That’s not data that tells me the New He supported it. President Bush initi- confident I am right on this, at the Deal worked. But our President has ated it. Who knows how far he would close of World War II, 1945, the United adopted the idea that the New Deal ac- have gone. Would President Bush have States of America had a 1.2 percent un- tually did work, to use his terms, ex- allowed General Motors and Chrysler employment rate. cept FDR lost his nerve. to move into Chapter 11, or would That’s about as close to a full em- And I can say this, Mr. Speaker, this President Bush have simply decided ployment economy as you can actually President will not lose his nerve when

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.140 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4990 CONGRESSIONAL RECORD — HOUSE April 29, 2009 it comes to spending money. If there is the value of all the corn that Iowa can through the educational system, and I one thing that he has courage to do, raise in a thousand years, an entire would present for your consideration, that’s to spend our money. And he has millennium of our corn crop, a thou- Mr. Speaker, some phrases from George spent trillions of our money, and I pre- sand years, way longer than anybody Orwell’s book, 1984. He was writing dicted when he made the pitch for the has been farming this ground. It will about the force of the new totali- stimulus plan that his economic recov- take a thousand years of all of our corn tarians. That’s my term, not his. Well, ery model was about an $8 trillion just to pay the deficit created by this actually it is his. project. And I got ridiculed for being budget. He didn’t call them the new totali- such a radical reactionary. And now, if you wanted to add to tarians, but he called them the totali- But he has surpassed $8 trillion some that the value of the existing deficit, tarians. And they were the successors time back. His very budget that he pre- which is around $11.3 trillion, now it’s of the German Nazis and the Russian sents to this Congress creates a $9.3 easy. It’s easy to get to $20 trillion. Communists. And he argued that the trillion deficit. In fact, the numbers will come to be- totalitarians wanted total control, not Mr. Speaker, I can’t help but seek to tween $20.8 trillion and $23 trillion. But just total control of the economy and inform you and the balance of the body let’s just use 20. This is a conservative the military and the society. They of what a trillion dollars is. You know number. wanted to control everyone’s minds, I come from Iowa, and we happen to be, How much is $20 trillion? That’s if we Mr. Speaker. and we are pretty proud of it—and I take the present value of the produc- So here is what goes on. This hate don’t raise any of it so I don’t get the tion of corn in Iowa from the time of crimes legislation seeks to punish, to credit—we are the number one corn the birth of Christ and multiply that punish not the overt act but the producing State in the Union. We raise every year for more than 2,000 years, thought that is associated with the a lot of it, and we are pretty good at it. you would finally, at the end of two overt act. There wouldn’t be any rea- We have the right weather and the millennia, accumulate enough money son to have hate crimes legislation if right soil and the right people to do it. in present value to pay off the Obama we were just going to punish people for We have been increasing yields 3 to 4 budget and the national debt. $20 tril- committing the crimes, because we percent a year for some time, and we lion. That’s how big this is, Mr. Speak- have laws against them. will do that for sometime into the fu- er. This is a huge deficit put upon our But this legislation puts up a special ture. children and our grandchildren. penalty for the perception that is in the head of the perpetrator, which is But we will raise about 21⁄4 billion And I happen to think that the eco- bushels of corn in this 2009 crop that’s nomic problems that this country has identified by the perception that’s in being planted, well, as we speak, if it’s aren’t the worst problems that we the head of the victim. And for the first time, there would be not raining at home. Two and a quarter have. They sound insurmountable. Per- legislation, passed this House today, billion bushels. Let’s just say for the haps on another night I will approach that evaluates the skull contents of sake of simplicity and math, it’s worth this with a solution, and I have in the the perpetrator and of the victim, and $4.40 a bushel. It’s not today. It’s worth past. what goes on in that gray matter and less than that, less than $4 today. We But I think what happened here on what motivated them, rather than the have had some markets that went well the floor of the House of Representa- crime itself. Now, George Orwell wrote, above that. This works out so that I tives today tells us something about and I quote, ‘‘The party is not inter- can memorize these numbers. I can’t do the other problems that are great, that ested in the overt act. The thought is the math this fast in my head. are huge, that undermine the core of all we care about. We do not merely de- That makes Iowa’s corn crop this our civilization, the character of our stroy our enemies, we change them. We year worth about $10 billion. So we nation. That is, Mr. Speaker, the hate are not content with negative obedi- have a good yield, the markets are crimes legislation that passed the floor ence, nor even with the most abject down a little, or if we have not such a of the House of Representatives today. submission. When finally you surrender good yield, the markets are up a little, This is legislation that sets up a spe- to us, it must be of your own free will. we will raise enough corn to cash sale cial protected status for sexual ori- It is intolerable to us that an erro- that for $10 billion. entation, gender identity, gender, I Now, how much is a trillion? Well, think they have also disability in neous thought should exist anywhere let’s see. If we could take all the corn there, which I am not particularly con- in the world, however secret and pow- we could raise in Iowa this year and cerned about. We did a 2-day markup in erless it may be. Even in the instant of next year and next year and the year the Judiciary Committee on this legis- death we cannot permit any devi- after, and we handed every kernel of lation, Mr. Speaker. ation.’’ That’s out of George Orwell’s corn over that we could raise in Iowa What it does is it defines special 1984, Mr. Speaker. The party then, the new totali- for the next 100 years, we would have classes of people that will have special tarians, were not interested in the generated a trillion dollars. A hundred protection from, let’s say assault, and overt act. But they were interested in years of Iowa’s corn crop just to pick special classes of people whom if some- the thought. Because they knew that if up the trillion dollars that is not even one does assault them, the perpetrator, you control the thought, you control enough to pay for the first proposal on if convicted, will get an enhanced pen- the act. alty, an enhanced crime. It sets up sa- the stimulus plan, let alone the Obama Now, that was written to stretch our cred cows in our society. This civiliza- budget deficit, which comes to $9.3 tril- minds and, I think, predict for us what tion that we are so blessed to be part of lion. A century of all of our corn accu- could happen when government got to has always punished the overt act, not mulated comes to a trillion dollars. be the be-all, end-all, super intrusive But this is not a trillion dollar def- the thought, not the hate that’s under- conscience for everyone. And I think icit. It’s a $9.3 trillion deficit created. neath many of the crimes that we we have heard that here tonight. And if you would just bear with me, have, but we have punished the act, not As I look at this legislation, Mr. and we will presume that we are going the thought. Speaker, I find all kinds of gaps in it. to round this up to 10 trillion for sim- Because throughout history, we have plicity, and because government al- understood that. We can’t know what b 2130 ways spends more money than they goes on in someone’s head, but we can When I take it apart piece by piece promise you they will—we know that prove definitively, many times, the ex- and go through it word-for-word, line- to be a fact. It’s a historical truth. tent of the crime that was committed by-line and subsection by subsection, I So a $10 trillion deficit created by and who committed it. It’s the crime find that this legislation doesn’t hold Obama’s budget, now, how much corn that’s wrong, not the thought associ- together, that it has references in it is that? It’s all the corn that Iowa can ated with it that’s wrong. This is a free that references other sections of code raise, and not one century or two cen- country that we have, after all. that are inconsistent with the lan- turies or three centuries, Mr. Speaker, And so this legislation reflects for me guage in the bill itself. the deficit created by the Obama budg- George Orwell’s book, 1984, written in So as I look through these definitions et is the equivalent to all of the corn, 1949, studied by many of us as we went that are here, I recall the gentlelady

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.141 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4991 from Wisconsin in committee saying corpse. Pedophilia, I mentioned that to acteristic. All right. So there is two that sexual orientation only meant ho- you. I think all these philias should be different categories of gender, two dif- mosexuality or heterosexuality. Appar- in the bill and are covered by sexual ferent definitions of gender. ently it didn’t mean bisexuality, and orientation. But his own party member You have sexual orientation. Gender obviously according to that definition and main proponent of the bill says no, identity. Let me go to gender identity. doesn’t include all of the proclivities it is only heterosexual and homo- Gender identity can be whatever you listed in the American Psychology Di- sexual, but not apparently bisexual. think you are, I don’t know about the agnostic List. This is a major discrepancy in this physical component of this, and sexual So if that is the case, I am still con- approach, but what it does is it allows orientation can be what you think you cerned. But I offered an amendment to the courts to decide what is and isn’t are, what you act upon, or let’s just eliminate pedophiles as a special pro- covered under ‘‘sexual orientation,’’ a say the composite of those two. And tected class of people. And, Mr. Speak- very, very broad definition of the term. the thought, the act and the physi- er, if we are going to put a shield of Then, Mr. Speaker, as I reach to pull ology are the three categories we are statutory protection around someone this bill out, here is a definition of gen- trying to define here and blending and for their proclivity, couldn’t we at der identity. Gender identity, when I blurring them all together. least exempt it for the pedophiles? But make the point that there is no defini- So it is no wonder that when I try to on a party line vote, the Democrats in tion of gender identity, I get this re- explain this law, it sounds like gib- the Judiciary Committee voted no on sponse. Yes, there is. It is defined in berish, Mr. Speaker, because it is gib- the exemption of pedophiles from spe- the bill. Just look in the bill. berish. It is a piece of gibberish legisla- cial protected status. And that is just So, I looked in the bill, and I read tion that seeks to set up sacred cows, one of those groups, Mr. Speaker. It is here that I guess you could argue it is those people that would walk the face just one of the groups. defined, although I wouldn’t want to of the United States of America, could Here is a list. This is a list that is a make this argument. Gender identity, lay down in the center of traffic like a list of the paraphilias. Paraphilias, from the bill: ‘‘For the purposes of this cow in India, they could walk through things that I call proclivities, they are chapter the term gender identity the bakery shop and do whatever they the powerful and persistent sexual in- means actual or perceived gender-re- wanted to do, and everybody would terest other than typical interest and lated characteristics.’’ have to walk around them for fear that behavior. That is paraphilia. There are, Okay, so if you are coming in off the the Federal regulators would come in according to one of the well-respected farm, what in the world does that and bring hate crimes charges against definitions, how about from the Diag- mean? I say I don’t know what gender them. nostic and Statistical Manual of Men- identity is, can you help me out here, Or I described this scenario last tal Disorders, here is a list of some of because we are going to be setting the night, Mr. Speaker. Let’s just say we the paraphilias. There are 547 of them destiny of America. So define it for me. had a baseball game going on in Chi- altogether, Mr. Speaker. I would like to know. cago and it was an inter-league game Among them there is a high list of 30 Well, gender identity means actual or between the Cubs and the White Sox. that we will recognize some of. Let me perceived gender-related characteris- And let’s just submit that there were 15 see which ones could I actually men- tics. Cub fans in the sports bar and they tion into this RECORD without embar- All right. Let me see, how would you were of mixed ethnicity, mixed race, rassing myself. define clothing? Well, clothing could be mixed sex/gender, sexual orientation One is Asphyxophlia, and that is a actual or perceived clothing-related and gender identity. These are the sexual gratification derived from oxy- characteristics. Well, would that be Cubs fans over here. While the game is gen deprivation. I didn’t know that was like a heavy Russian winter coat, or going on hot and heavy, here are the out there. But that is a special would it be a itsy-bitsy bikini, or a pair White Sox fans over here mixed up the paraphilia, a proclivity, that would be of blue jeans? What would you describe same way, every imaginable race, eth- protected under the hate crimes legis- it as? It is not very specific. Could you nicity, sexual orientation, gender and lation. So one dare not assault one of identify that all as clothing without a gender identity, and even whatever sex those folks or discriminate against definition of clothing as having cloth- they might be. them in any way, because you could be ing-related characteristics? Can’t we Now, as the game goes on and the subjected to a Federal hate crimes leg- do better in law? barbs fly back and forth and the insults islation. I argued that fence posts come in a go from the Cubs fans to the White Sox I will argue that everybody ought to lot of different versions too. We have fans and back and forth, let me pre- have protection without regard to any creosote-treated pine fence posts. That sume here there will be some racial of these things. But these are special would be wood. We have hedge posts. slurs that will come out, there will be protected classes of people created by We have cedar posts, split cedar posts. some gender-oriented slurs, there will this law. And even that side, even We have steel post, T-posts, electric be some slurs that have to do with though they won’t discuss it and they fence posts. What if I defined it as these paraphilias that I talked about. won’t answer the questions, doesn’t fence posts mean actual or perceived Then a fight would break out, White agree with each other. I get a different fence post-related characteristics? Now Sox fans versus the Cubs fans. And message from the gentlelady from Wis- what have we? they would line up along those lines, consin, Ms. BALDWIN, and a different I am just telling you this, Mr. Speak- because they would know who was a message from her from the gentleman er, because these are inanimate objects Cubs fan and who was a White Sox fan. from the Rules Committee, Mr. that I am describing here, and even They might forget who fired which in- HASTINGS. still the silliness of this I think sult at which particular special pro- Mr. HASTINGS read from a list of emerges in my argument. But when tected sacred cow class that has been paraphilias, and I don’t remember just you start talking about not inanimate created by this Federal legislation if which ones he read into the RECORD, objects, but animate objects that are the Senate should pass this to the there are so many. But, let’s see, as he being described by what goes on in President. read through these philias, he said he their mind and using terms such as Now we have the Feds coming in to thinks they are all protected under the ‘‘gender’’ instead of the word ‘‘sex’’ and sort out a bar fight in Chicago and legislation under the definition of sex- ‘‘gender identity’’ and ‘‘sexual orienta- bringing Federal charges against peo- ual orientation. So Autogynephilia, tion’’ and recognizing that there are ple whose primary motivation might Coprophilia, what other philias do we three different categories for some of not have been anything to do with any have here, there are a number of oth- these definitions, Mr. Speaker. of the insults that they hurled back ers, Kleptophilia, sexual excitement One of them is gender, okay, for ex- and forth. It might just have been a from stealing. I didn’t know that ex- ample, as opposed to sex. Sex is a phys- more effective way to insult a White isted. Klismaphilia, I won’t give you ical characteristic. Gender can be a Sox fan or a Cubs fan. the definition of all of them. physical characteristic, or it can be When you get into the path of pun- Necrophilia, that is fixation with a what you think you are, a mental char- ishing people for what goes on in their

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.143 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4992 CONGRESSIONAL RECORD — HOUSE April 29, 2009 head, this law cannot figure it out. ual orientation, and this is it: ‘‘Sexual b 2145 They can’t even figure out how to de- orientation is different from sexual be- Political subdivisions being cities, fine the terms that are in it, let alone havior because it refers to feelings and counties, States, parishes, any subdivi- psychoanalyze anybody that falls self-concept. Individuals may or may sion smaller than that in the United under the purview of this hate crimes not express their sexual orientation in States. And not only would we help legislation. their behaviors.’’ them in the prosecution of hate crimes, While we are on that subject, Mr. So, you can give no sign that you but we’d also, according to this legisla- Speaker, let me just surmise this, that have some particular paraphilia sexual tion, Mr. Speaker, we would be in there most of us would agree that preventive orientation and be a special sacred cow helping to enforce any of those polit- medicine is a good idea. So if we go to protected class, that if someone com- ical subdivisions’ existing hate crimes the doctor regularly and get our check- mits a crime against you they are fac- laws, whether or not it fit the defini- up and get our physical, he will run the ing a punishment far more severe than tion here in this bill. It doesn’t have to blood samples on us and let us know they would be facing if it was just conform with the Federal standard; it what kind of shape we are in. And if he someone that wasn’t carved out in this just has to be whatever they decide it’s will do that and we submit ourselves to legislation as a special protected sa- going to be. an exercise regimen and watch our cred cow class. And herein lies some of And so, I happen to recall that the diet, take the medication that we need the flaw and some of the fault in this Speaker of the House’s home city, San to, that preventive medicine will save legislation. Francisco, has an ordinance in San a lot of money and a lot of lives over Some other is this. It isn’t just vio- Francisco that says essentially this: time, and our lives will be more pro- lent crimes against people, Mr. Speak- Thou shalt not disparage the short, the ductive. It is a good and healthy thing er, because there is a reference in the fat, the tall or the skinny. Now, that’s to do to have preventive medicine. legislation that takes us back to an ex- an antidiscrimination. One might char- Mr. Speaker, if we can divine what is isting section of the code that defines a acterize it as a hate crime if you dis- in the head of the perpetrator of these crime of violence. Crime of violence in parage somebody that’s short, fat, tall crimes, if we can go in and psycho- this bill means what it says in this sec- or skinny. I think all of us think we’re analyze the perpetrator without both- tion of the code, and I will read from one of those categories, sometimes two ering to psychoanalyze the victim and that. or three of them at the same time, but taking their word for whatever their The term crime of violence means an that would be a case where if we could paraphilia might be, but if we could do offense that has as an element the use, actually have Federal prosecutors go in that, why don’t we just pick up the Or- attempted use or threatened use of to San Francisco and decide they’re wellian approach to this, psycho- physical force against the person or going to support an ordinance like analyze people and figure out they are property of another or any other of- that. likely perpetrators before they commit fense that is a felony that by its nature Now, think how intimidating it is the crime, rather than let us have a involves a substantial risk that phys- when you have Federal prosecutors victim lead us to that perpetrator, and ical force against the person or prop- coming in to enforce hate crimes legis- then we could have the preventive med- erty of another may be used in the lation that’s created by a city council icine of hate crimes. course of committing the offense. that might be so utterly biased in their Wouldn’t that be great, if we could So, the crime of violence means a approach that they could reflect the just punish people when they have the physical act against a person or the at- judgment of the people on the other thought, before they actually acted tempted use or threatened use of that side of the aisle on the Judiciary Com- upon it? I would suggest that if we can force, but also against property, Mr. mittee that brought this legislation to actually psychoanalyze people after Speaker, also against property. And it this floor under a closed rule, denying the fact, we can psychoanalyze them says an offense that has an element. all amendments, and a very short pe- before the fact, and then we could do Now, if there is an offense, let’s just riod of time to debate, Mr. Speaker. crime prevention. But truthfully you say someone maybe perceives a It’s no way to run the House of Rep- all know, and I know you know, Mr. thought that goes on in somebody Speaker, I don’t believe that can hap- resentatives. else’s head and decides they want to And so—and by the way, the pen. I don’t believe we can know what send him a message, and so they go and pedophilia that was apparently ap- is in their head. paint some graffiti on a garage door, Let me take up another definition of proved for special protected status in there is a crime against property, not sexual orientation. Even though we two ways, voting down my amendment an individual. Well, that would be the had a couple of different definitions to exempt pedophiles from this special crime of violence definition. It would along the way, sexual orientation as protected sacred cow status, and also, I meet it because it would have an ele- defined by the Merriam-Webster dic- think, if we listen to Mr. HASTINGS, and ment in it that the use of and/or the tionary, medical dictionary, we have if he’s right, if all philias whatsoever threatened use of physical force sexual orientation by Merriam-Webster should be protected under this legisla- as one’s attraction to and preference in against property has taken place. tion, then a pedophile is this. It’s an Physical force is another broad term. sex partners. adult sexual disorder consisting in the Here is another definition from the Is physical force leaning against the desire for sexual gratification by mo- American Heritage Stedman’s medical garage door? Is it pushing the spray lesting children, especially young chil- dictionary. Sexual orientation would button on some spray paint? Yes, it dren. That’s the pedophile. be sexual activity with people of the could well be. But the element that is Here’s another definition of sexual opposite sex, the same-sex or both. part of that takes us back also to the orientation. They’re all over the place, So one says it is the attraction, it is thought crimes part of this, and it tells Mr. Speaker. Refers to feelings and in the head. The other one says it is the pastors of the world, be careful if self-concept, not behavior. Maybe. But the activity. It is the overt act, or you preach from Leviticus, be careful if we know that another definition in the maybe a covert act, Mr. Speaker. That you preach from Romans, because if dictionary that I referenced says that is two polar opposite definitions of sex- you do, there might be someone who it actually is the act, not the thought, ual orientation, which is in the bill. could intimidate someone else based not the attraction. And we have two polar opposite defi- upon their new Biblical beliefs that So, as we go through this piece by nitions coming from the Democrats, you have just informed them of last piece, Big Brother is reaching out and neither of which is in the bill. One defi- Sunday, and now you have become an telling us that they’re going to control nition says homosexual, heterosexual, element in a hate crime that maybe our thoughts by passing hate crimes. nothing else, not even bisexual. The was not any crime against an indi- And they’re going to give us definitions other says every kind of proclivity, vidual, but maybe even a crime against like gender, gender identity, sexual paraphilia, all philias whatsoever, Mr. property. And this is set up so that we orientation, and not even engage in a HASTINGS from Florida. would send Federal forces in to assist debate on what those words might I go to the American Psychological in prosecution to political subdivi- mean, but leave it wide open for trial Association for their definition of sex- sions, Mr. Speaker. lawyers and defense lawyers and judges

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.144 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4993 to decide what it is we might possibly we should be establishing a special pro- Constitution Republic that we have. mean. And how are they going to de- tected status for people who carry such The greatness of this Nation is dimin- cide if we don’t have clarity even from proclivities that many of them are ished by the mushy thinking of hate the proponents of the bill? punished with prison time for the very crimes acts, Mr. Speaker. It’ll be decided in a slipshod fashion, sake of carrying them out. f Mr. Speaker, and it will not be a happy I think this bill restricts religious result. freedom, and I think it restricts our b 2200 And I will submit also that we will First Amendment rights. I think it in- ENERGY, ECONOMIC AND CLIMATE see soon on the floor of this House the timidates pastors. I think it takes us CRISES FACING OUR NATION chairman of the Financial Services to a place where we are seeking, by Committee’s legislation called the law, to define what is in the head of the The SPEAKER pro tempore. Under ENDA Act, the Employment Non-Dis- perpetrator and what is in the head of the Speaker’s announced policy of Jan- crimination Act, which really means the victim. And sometimes it’s the uary 6, 2009, the gentleman from New discriminate against employers and plumbing of the victim and sometimes York (Mr. TONKO) is recognized for 60 impose your values on them, tell the it’s the mental attraction that exists minutes. churches they have to hire people that for it within the victim and the perpe- Mr. TONKO. Thank you, Mr. Speak- are the antithesis of their teachings, trator. And we can’t agree. Even the er. for example. authors of the bill don’t agree on where The opportunity for us to address And in the end, there also was an- the perception actually exists, whether several crises facing our Nation allows other amendment. There were many of it’s in the head of the perpetrator or us to respond, I think, in very bold them that were rejected. One of them the head of the victim. I’ll submit that measure to opportunities that speak to was the immutable characteristics it has to eventually be analyzed in an energy crisis, to an economic crisis amendment. I just simply want to pro- both, and that cannot be done, not with and to a climate crisis in our Nation. tect people who have immutable char- today’s science or technology. There is no mistaking that, as we acteristics. It was mentioned in the And with today’s understanding, I’m work through this very tough economy opening remarks in the rules today er- very concerned because, Mr. Speaker, under the leadership of the new Presi- roneously. Immutable characteristics this society has, to a large extent lost dent and his administration and Speak- are not protected in this bill. It was its ability to reason. We’re racing from er PELOSI in this House and in Congress specifically rejected when I offered it emotion to emotion, from feeling to in general, the leadership is advised by by amendment. Immutable character- feeling. We are not racing from sci- several that we need to think in terms istics are often poorly defined or entific data to empirical analysis and of an innovation economy—one that al- wrongly defined. logical conclusion arrived at by deduc- lows us to grow boldly into the future And, Mr. Speaker, immutable charac- tive or inductive reasoning. That seems by addressing the basic core needs of teristics are those characteristics of to be lost in this civilization. not only our economy but of our cli- people which can be independently I look back on the Age of Reason of mate, of our environment and certainly verified and cannot be willfully the Greeks 3,000 years ago, and I think of our energy solutions. changed. Those characteristics we can of Socrates and Plato and Aristotle. I As we look at the potential that ex- protect when we cross the line and we think of them sitting around under the ists out there for growing clean energy start protecting especially behaviors. shade trees in their togas analyzing, jobs—American jobs—that can gen- Those are not immutable characteris- thinking, testing each others’ brains, erate American-produced power, we tics. They are mutable. Behaviors are writing the classical works that they have the awesome opportunity to go those kind of characteristics that one did, and shaping the foundation for forward in an innovative and creative can just simply self-allege. Western civilization, the theorem, the way to provide for a response that re- And so as the question was raised hypotheses, the basis for our science, duces our energy dependency on fossil- back in those years when I was in the for our math, the basis for our reason. based fuels that are oftentimes im- Iowa Senate, constantly lobbied by the If it hadn’t been for the Greeks, West- ported from some of the most troubled students, often they came from the spots in the world. University of Iowa, and they asked a ern civilization maybe would have We’re given the opportunity to em- State senator there, we need special never found this modern era. But the Age of Reason that came brace our intellectual capacity as a Na- protection because—and he said, why? from the Greeks primarily, that flowed tion as we go forward with research What, protection from what? Well, dis- through and was the foundation for the and development investments—dollars crimination. Well, how are you dis- Age of Enlightenment, centered in that can invest in prototypes of design criminated against, and how do you France, and at the dawn of the indus- and that speak to the energy independ- people discriminate against you? Be- trial revolution, that all came to the ence of this Nation—and to do it in a cause of your sexual orientation. And way that takes that prototype and fur- they said, well, they won’t rent us United States and found itself in an en- apartments and we can’t do this and vironment of almost unlimited natural ther develops that technology into the that and the other thing. We don’t have resources, very low taxes, in many manufacturing sector, deploying it into certain opportunities that might exist cases, no regulation, with a moral peo- the commercial sector. for others. We think we’re discrimi- ple that came over here for their reli- We see that today as work came for- nated against and we need special pro- gious freedom, with Judeo-Christianity ward to me in NYSERDA—the New tected status. the inspiration for freedom and the York State Energy Research and De- So this State senator said, let me ask core of this culture. It found the per- velopment Authority. I was able to you a question. What am I? What, am I fect petri dish to thrive, and the vigor witness firsthand the soundness of the a heterosexual or am I a homosexual? that we have in the United States en- investment in R&D, making certain And they looked him up and down and hanced by legal immigration that that we could take these projects that they finally said, well, we don’t know. skimmed the donors from every other were coming through R&D investments We don’t know. civilization on the planet, the best and could grow them in a way that cre- And his answer was, exactly my vigor, the best vitality, from each of ated American jobs, that embraced in- point. Now, if you don’t know, how those donor civilizations. And our tellectual capacity—the brain trust of could you discriminate against me? Or Founding Fathers had the wisdom to this Nation. It was greening up our if I don’t know, how could I or anyone sit down and place into the Declaration economy and our thinking in terms of discriminate against you? If you keep and into the Constitution the founda- energy generation and energy emerging those things private, there can be no tions for our freedom, the rights that technologies. discrimination. And that’s what I sub- come from God, that are vested in the That’s what the measure about en- mit is the right thing to do when it people and the sovereignty of the peo- ergy reform here in our House is all comes to sexuality, Mr. Speaker. ple that loan that power, those rights, about. It’s about making certain that Except, I believe that the laws should to their Congressional Representatives, we grow our energy independence and be respected. And I don’t believe that their elected Representatives in this our energy security and, in so doing,

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.145 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4994 CONGRESSIONAL RECORD — HOUSE April 29, 2009 grow our national security. This trolling our destiny in much more bold ments through white- and blue-collar strikes as a win across the board for us expression. job opportunities, we will now be able as consumers, for us as job seekers, for You know, as we look at some of the to advance a new order of job creation those of us striking to plan a comeback opportunities here, we’re looking at in- of a green-collar variety. That new ad- with this economy, and certainly for vestments that could be made in not dition to the workforce out there will generations to follow in terms of a bet- only the grid but with smart metering, save those traditional white- and blue- ter environment that will be shared making certain that we embrace new collar jobs through the nuances that and passed on for other generations, technology, cutting through some of the green-collar job opportunities will coming generations, to steward. the traditional patterns of the past and bring. So we are at that cutting edge, at the making certain that new choices, new I saw again, through the work done opportunity of ushering in a new era of cleverness, is incorporated into our en- at NYSERDA, where we were able to thinking where we’re able to invest not ergy thinking. Clean-energy jobs—it’s implement programs for training con- only in generation opportunities for calculated through the renewable elec- struction majors, for instance, in the energy’s sake but to invest in those tricity standard—can create some new, cutting-edge technologies for transmission opportunities. 300,000 new jobs, and in the area of effi- solar and PV installation, making cer- I saw what happened just in my dis- ciency, the talk is some 222,000 pro- tain that those arrays are incorporated trict, in the 21st Congressional District jected jobs. This is just in those two into the certification programs and of New York, when we invested in areas alone. That then equates to bil- matriculation programs at a local com- groups like Superpower. Superpower is lions that are saved—$100 billion with munity college in the State of New breaking its own records in producing a the opportunities for renewable elec- York. superconductive cable that allows us in tric standards and certainly some $170 Hudson Valley Community College the future to think of transmitting billion in efficiency savings. would train these green-collar workers electrons in a way that provides far We need to see efficiency measures as and then would also reach out to other more opportunity and much greater ef- our fuel of choice. It is shelf-ready campuses and would enable them to de- ficiency as we wheel those electrons today. There are emerging tech- velop that workforce that we will need over a cable that can transmit far more nologies invested into through R&D as a society as we retrofit with this electricity than can traditional cable today. There is the potential of grow- new order of thinking of efficiency, of of the same size. That’s just one exam- ing countless other options, but the conservation, of new technologies— ple. fact remains that we need to address emerging technologies—and of effi- We look at the opportunity with ki- the per capita consumption of elec- ciency standards that will be enhanced netic hydropower, that power that is tricity in this country in a way that so that we can go forward with new op- produced by the turbulence of water enables us to see efficiency as some- portunities that this country can pros- flow. Just in the area of New York thing that is mined and drilled rou- per by. State, along the island of Manhattan, tinely. You know, as we mine for coal, b 2210 in the East River, we have seen the as we drill for oil, we need to see that successful demonstration of kinetic hy- mining and drilling, for efficiency’s When we deal with the green collar dropower. It is thought that some 1,100- sake, can produce great savings. It job development, we’re going to look at megawatts’ worth of power could be means the avoided cost of having to situations within the framework of the solution just in one State by deal- build additional plants. It means a this new thinking that will allow us to ing with this innovation, by taking clean outcome. It means less of a car- reach into the earlier grades, to allow this cleverness of the intellect of en- bon footprint as we go forward with an students to think of the potential of a ergy reform and transitioning our investment in energy efficiency. career path enabling us to develop with economy into one that is based on far So all of this is at our fingertips. All centers like BOCES and with trades, greater potential by investing in those of this great potential is here to allow occupational efforts with apprentice- sorts of designs. us to create clean jobs. In so doing, we ship programs, with the opportunities So, as we move forward, we talk will strengthen our economy; we will to go forward with community col- about clean-energy jobs, clean-energy provide certainty for our businesses in leges, again developing their course jobs that cannot be shipped overseas. this country, and we will be able to ad- work to comply with the growing needs We talk about saving money for our dress the pollution that is part and of a green collar workforce and to offer families and for our businesses through parcel to the residential, business and those innovative opportunities into the efficiency. I saw what the investment housing sections of this country—those college setting, into graduate studies. of efficiency meant for many busi- sectors that all can be benefiting from All of this, the array from trades on nesses, for many farms, for agriculture energy thinking, that is of a nuance of over to engineers, inventors and in the State of New York through sorts, that breaks from these tradi- innovators, will all be required to be NYSERDA. The New York State En- tional patterns and from the glutinous part of that process that provides that ergy Research and Development Au- dependency. new thinking that will enable us to go thority was there as a partner, working So this evening, as we move forward forward in a way that will strengthen with the business. in this hour of discussion, it is great to our economy and clean our environ- That’s what this is about. It’s invest- have colleagues here who will be talk- ment and create opportunity. ing in our future. It’s investing in new ing about some of the opportunities The opportunities that befall us as a technology. It’s investing in the oppor- that we have as energy consumers. country are many, and knowing that in tunities to grow a better climate, to The fact remains that, for far too this process, it will draw down that de- grow and to address the environmental long, I believe we have invested in pro- pendency on fossil-based fuels knowing needs, not only of this country but of totypes. We have invested in those new that we have precious little time to go the world, to make certain that we ad- orders of thinking, but we have not forward, to clean up an environment dress climate change, that we address done enough to stretch that budgeting that is impacted by some of the severe that carbon footprint that needs to be to enable that prototype to be devel- measurements that we see out there reduced. As stewards of the environ- oped more fully and then to be entered today. ment, we all have that responsibility, into in the manufacturing sector. That reminds us of a plan that we and it does a great deal to reduce that When we think of the great potential, had in cleaning up acid rain that was glutinous addiction that we have to there are super opportunities for us to part of the 1990s era, where through the foreign oil that is imported from some think in magnanimous terms, to think efforts of the then-President, President of the most unstable governments with a sense of vision that expresses Bush, we moved forward and fought around the globe. our boldness for creating jobs not yet acid rain successfully by having a focus So here is a golden opportunity for us on the radar screen. When we develop and a plan and cutting back on situa- to turn green, to turn green in our en- green-collar workforces out there, tions that made polluters pay. But ergy outcomes and to grow a stronger when we develop that array of workers we’re talking today of having polluters American economy that finds us con- that will join the traditional assign- pay for their consequential damage to

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.146 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4995 the environment, we want to make cer- energy solutions. We were developing this innovation economy that reaches tain that we benefit Americans, mid- more supply. We were content with to the American brain trust, that sees dle-class Americans with tax credits using, consuming a lot of energy re- us with our science and tech potential that will come from those who are pol- sources when, in fact, we should have to be ready and willing to go forward luting. moved forward with opportunities that and provide for the nuances that will So it’s encouraging clean companies, allowed us to address the demand side usher in a new era of energy thinking. it’s encouraging American-produced of the equation. That is what the opportunity for clean power, and it’s providing tax credits to Looking at that consumption factor, energy jobs is all about. families, and it’s investing resources looking at the efficiency, looking at It’s a clean energy jobs agenda that from a clean-energy jobs programming conservation were the clever strategies finds us producing jobs, developing that will invest in the new ideas that that were dictated simply by the dy- jobs, retaining jobs, growing jobs in are being developed as we speak. But namics of the given solution today. this country, avoiding the opportuni- it’s the sort of impetus that can be pro- So as we go forward, we see these op- ties to ship overseas these jobs that vided, the sort of incentive that is cre- portunities to advance a plan that is have far too often escaped our Amer- ated that will really spur this sort of encouraged by our President as he ican economy. And then for saving economic recovery that will make for a wants us to grow smart with our en- money for our families, our businesses, strong response. ergy usage. He wants us to reach to in- individuals in this country through ef- I am reminded of a project that we novation and a clever strategy using ficiency opportunities, and ending that had conducted while I was at the State our creative genius to put together a addiction, that gluttonous addiction to Assembly in the State of New York as source of investment in research and foreign oil, fossil fuels, that really do energy chair. We had reached out to development, to grow those prototypes not enable us to think in the kind of energy service companies, we had of the future, to further develop them boldness and the sense of vision that is reached out to academia, we had and then move to the manufacturing of required today. reached out to the farm bureau and these commodities here in this coun- Mr. Speaker, I thank you for the worked with demonstration projects try—domestic production of all sorts of time to be here this evening and share through local dairy farms and working nuances—making certain that we move these opportunities with you, to share through the auspices of NYSERDA, the forward not only in the energy genera- the thinking that I believe can help us State energy research and development tion world but in the energy trans- grow as a Nation and respond to the authority, we were able to put together mission and distribution area giving crisis that we see, the crisis with the a review, an audit of those dairy farms, commercial consumers the opportunity energy situation, the crisis with our and take a situation where they were to work within the context of smart environment, the crisis with our econ- dealing with a perishable product and metering, making certain that they omy. It can address a multitude of making certain that a highly regulated can have these smart meters to control needs out there by embracing this sort arena, as it should be, producing a their destiny so that they can see first- of cleverness of thinking and advancing basic nutritional need for this country hand the amount that’s being con- policies that are progressive and in- that had to deal with the ebbs and sumed and when to be on-peak and off- vesting resources that will really flows of not only how they conducted peak in given situations; to be able to strengthen us as a people, as a Nation, business but dealing with energy cycles have a transmission system that re- and certainly as a world. that they couldn’t escape simply be- sponds to weaknesses that were so f cause of the forces of mother nature. highly visible in August of 2003 where With all of that being the dynamics of we witnessed a huge collapse in the LEAVE OF ABSENCE their day-to-day operation, we were system, the delivery system, that By unanimous consent, leave of ab- able to work within that context to started as far west as Ohio and moved sence was granted to: create energy efficiency opportunities into New York and New England and Ms. BORDALLO (at the request of Mr. that came through the guidance of the mid-Atlantic States and into HOYER) for the week of April 27 on ac- groups at Cornell and Farm Bureau and southeast Canada. That was a huge bit count of official business in the dis- the local utility and NYSERDA where of blackout for consumers in that given trict. we retrofitted to those dairy farms the bit of geography that stood as a glaring Mr. PERRIELLO (at the request of Mr. sorts of demands for energy that dealt example of vulnerability, of a weakness HOYER) for today on account of busi- with pumping and cooling processes in our system. ness in the district. and put together a plan, a strategy, We need to go forward and advance Mr. STARK (at the request of Mr. that really developed a very sound out- the investments in a very wise and HOYER) for today. come—a pleasant surprise to those who clever way that will enable us to f participated in the demonstration strengthen that generation aspect of SPECIAL ORDERS GRANTED project. In fact, it became so successful electricity, strengthen the trans- By unanimous consent, permission to as a demonstration project that we ad- mission and distribution components, address the House, following the legis- vanced this notion to some 70 farms in and to go forward with a commitment lative program and any special orders the State of New York that prospered to efficiency and conservation. And heretofore entered, was granted to: from this sort of activity, of auditing looking at renewable opportunities. (The following Members (at the re- the farms and putting efficiency into Taking advantage of so many opportu- quest of Mr. PERLMUTTER) to revise and play. nities that mother nature provides and We also saw successful programs that where the President has called for an extend their remarks and include ex- came about with business incorporated investment where we embrace our traneous material:) Mr. BOYD, for 5 minutes, today. into the energy-efficiency opportuni- wind, our sun, our Earth to be able to Ms. ROYBAL-ALLARD, for 5 minutes, ties. And it reminds us that if we are make certain that we use that in a be- today. going to compete, if we’re going to ask nign way to grow the energy response Ms. WOOLSEY, for 5 minutes, today. our American businesses to compete in that we require that will be clean, that Mr. DEFAZIO, for 5 minutes, today. a global marketplace, then we need to will be innovative, and that will draw Mr. TOWNS, for 5 minutes, today. advance every bit of opportunity of down our energy dependence in a way Mr. MICHAUD, for 5 minutes, today. doing it in smart fashion, doing it in a that allows us to prosper with bolder Ms. KAPTUR, for 5 minutes, today. way that is clever, that is causing a outcomes. Mr. MURPHY of Connecticut, for 5 stronger outcome, a more progressive As we move forward, I would encour- minutes, today. outcome simply by the incorporation age us to cleverly look at the plans Mr. BRADY of Pennsylvania, for 5 of a highly intellectual energy plan, a that have been advanced by the leader- minutes, today. comprehensive energy plan that looks ship of this House, the discussion that (The following Members (at the re- at cutting demand. is made of growing a green energy quest of Mr. HENSARLING) to revise and For too often we have reached to a economy, the ideals embraced by the extend their remarks and include ex- supply situation as we were looking at President and his administration for traneous material:)

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.148 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4996 CONGRESSIONAL RECORD — HOUSE April 29, 2009 Mr. POE of Texas, for 5 minutes, May OATH OF OFFICE MEMBERS, RESI- faith and allegiance to the same; 6. DENT COMMISSIONER, AND DEL- that I take this obligation freely, Mr. JONES, for 5 minutes, May 6. EGATES without any mental reservation or Mr. FRANKS of Arizona, for 5 minutes, The oath of office required by the purpose of evasion; and that I will today. sixth article of the Constitution of the well and faithfully discharge the Mr. CONAWAY, for 5 minutes, April 30. United States, and as provided by sec- duties of the office on which I am Ms. ROS-LEHTINEN, for 5 minutes, tion 2 of the act of May 13, 1884 (23 May 5 and 6. about to enter. So help me God.’’ Stat. 22), to be administered to Mem- f bers, Resident Commissioner, and Dele- has been subscribed to in person and ADJOURNMENT gates of the House of Representatives, filed in duplicate with the Clerk of the Mr. TONKO. Mr. Speaker, I move the text of which is carried in 5 U.S.C. House of Representatives by the fol- that the House do now adjourn. 3331: lowing Member of the 111th Congress, The motion was agreed to; accord- ‘‘I, AB, do solemnly swear (or af- pursuant to the provisions of 2 U.S.C. ingly (at 10 o’clock and 21 minutes firm) that I will support and defend 25: p.m.), the House adjourned until to- the Constitution of the United SCOTT MURPHY, New York, Twen- morrow, Thursday, April 30, 2009, at 10 States against all enemies, foreign tieth. a.m. hand domestic; that I will bear true EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the first quarter of 2009 pursuant to Public Law 95–384 are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2009

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

Winsome Packer ...... 1 /1 3/1 Austria ...... 22,464.99 ...... 7,330.24 ...... 29,795.23 Shelly Han ...... 1/19 1/21 Austria ...... 622.00 ...... 6,084.31 ...... 6,706.31 Hon. Alcee Hastings ...... 2/15 2/18 United Kingdom ...... 1,241.91 ...... 5,170.29 ...... 6,412.20 3/20 3/22 Belgium ...... 1,373.13 ...... 6,762.93 ...... 8,136.06 Mischa Thompson ...... 2 /14 2 /19 United Kingdom ...... 1,655.88 ...... 8,323.35 ...... 9,979.23 3/16 3/20 Austria ...... 1,336.00 ...... 7,325.59 ...... 8,661.59 3/20 3/25 Belgium ...... 2,429.34 ...... 2,429.34 Fred Turner ...... 3/20 3/22 Belgium ...... 1,373.13 ...... 6,762.93 ...... 8,136.06 Committee total ...... 32,496.38 ...... 47,759.64 ...... 80,256.02 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. ALCEE L. HASTINGS, Chairman, Apr. 16, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JANUARY 1 AND MARCH 31, 2009.

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

Keenan Keller ...... 3/17 3/21 Austria ...... 768.00 ...... 7,464.53 ...... 8,232.53 Committee total ...... 768.00 ...... 7,464.53 ...... 8,232.53 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. JOHN CONYERS, Jr., Chairman, Apr. 15, 2009.

EXECUTIVE COMMUNICATIONS, FEMA-2008-0020] received April 21, 2009, pur- ting the Department’s final rule — Changes ETC. suant to 5 U.S.C. 801(a)(1)(A); to the Com- in Flood Elevation Determinations [Docket mittee on Financial Services. ID FEMA-2008-0020] received April 21, 2009, Under clause 2 of Rule XXIV, execu- 1492. A letter from the Chief Counsel, De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tive communications were taken from partment of Homeland Security, transmit- mittee on Financial Services. the Speaker’s table and referred as fol- ting the Department’s final rule — Final lows: Flood Elevation Determinations [Docket ID 1496. A letter from the Chief Counsel, De- FEMA-2008-0020] received April 21, 2009, pur- partment of Homeland Security, transmit- 1489. A letter from the Chief Counsel, De- suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Homeland Security, transmit- ting the Department’s final rule — Changes mittee on Financial Services. in Flood Elevation Determinations [Docket ting the Department’s final rule — Final 1493. A letter from the Chief Counsel, De- Flood Elevation Determinations [Docket ID partment of Homeland Security, transmit- ID FEMA-2008-0020; Internal Agency Docket FEMA-2008-0020] received April 21, 2009, pur- ting the Department’s final rule — Changes No. FEMA-B-1042] received April 21, 2009, suant to 5 U.S.C. 801(a)(1)(A); to the Com- in Flood Elevation Determinations [Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Financial Services. ID FEMA-2008-0020] received April 21, 2009, mittee on Financial Services. 1490. A letter from the Chief Counsel, De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1497. A letter from the Chief Counsel, De- partment of Homeland Security, transmit- mittee on Financial Services. ting the Department’s final rule — Final 1494. A letter from the Chief Counsel, De- partment of Homeland Security, transmit- Flood Elevation Determinations [Docket ID partment of Homeland Security, transmit- ting the Department’s final rule — Changes FEMA-2008-0020] received April 21, 2009, pur- ting the Department’s final rule — Changes in Flood Elevation Determinations [Docket suant to 5 U.S.C. 801(a)(1)(A); to the Com- in Flood Elevation Determinations [Docket ID FEMA-2008-0020; Internal Agency Docket mittee on Financial Services. ID FEMA-2008-0020] received April 21, 2009, No. FEMA-B-1039] received April 21, 2009, 1491. A letter from the Chief Counsel, De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Homeland Security, transmit- mittee on Financial Services. mittee on Financial Services. ting the Department’s final rule — Final 1495. A letter from the Chief Counsel, De- Flood Elevation Determinations [Docket ID partment of Homeland Security, transmit-

VerDate Nov 24 2008 04:23 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K29AP7.150 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4997 1498. A letter from the Chief Counsel, De- 3064-AD37) received March 30, 2009, pursuant mitting the Court’s report on the activities partment of Homeland Security, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on of the Family Court during 2008, pursuant to ting the Department’s final rule — Final Financial Services. Public Law 107-114; to the Committee on Flood Elevation Determinations [Docket ID 1508. A letter from the General Counsel, Oversight and Government Reform. FEMA-2008-0020] received April 21, 2009, pur- National Credit Union Administration, 1521. A letter from the Secretary, Judicial suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Administration’s final rule Conference of the United States, transmit- mittee on Financial Services. — Accuracy of Advertising and Notice of In- ting the Conference’s report entitled, ‘‘Re- 1499. A letter from the Chief Counsel, De- sured Status (RIN: 3133-AD52) received port on the Adequacy of the Rules Presribed partment of Homeland Security, transmit- March 26, 2009, pursuant to 5 U.S.C. under the E-Government Act of 2002’’, pursu- ting the Department’s final rule — Changes 801(a)(1)(A); to the Committee on Financial ant to Public Law 107-347, section in Flood Elevation Determinations [Docket Services. 205(c)(3)(C); to the Committee on the Judici- ID FEMA-2008-0020; Internal Agency Docket 1509. A letter from the Secretary, Depart- ary. No. FEMA-B-1036] received April 21, 2009, ment of Education, transmitting a legisla- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tive proposal, which would limit the applica- 1522. A letter from the Attorney Advisor, mittee on Financial Services. tion of the requirement to delay the effec- Department of Homeland Security, transmit- 1500. A letter from the Chief Counsel, De- tive date of certain student aid regulations ting the Department’s final rule — Saftey partment of Homeland Security, transmit- under Title IV of the Higher Education Act Zone; Red Bull Flugtag, Seddon Channel ting the Department’s final rule — Changes of 1965; to the Committee on Education and Turning Basin, Tampa, Florida. [Docket No.: in Flood Elevation Determinations [Docket Labor. USCG-2008-0093] (RIN: 1625-AA00) received ID FEMA-2008-0020; Internal Agency Docket 1510. A letter from the Acting Director, Na- April 16, 2009, pursuant to 5 U.S.C. No. FEMA-B-1030] received April 21, 2009, tional Institute for Literacy, transmitting 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Institute’s report entitled, ‘‘Developing tation and Infrastructure. mittee on Financial Services. Early Literacy: A Scientific Synthesis of 1523. A letter from the Attorney Advisor, 1501. A letter from the Chief Counsel, De- Early Literacy Development and Implica- Department of Homeland Security, transmit- partment of Homeland Security, transmit- tions for Intervention’’; to the Committee on ting the Department’s final rule — Long ting the Department’s final rule — Suspen- Education and Labor. Range Identification and Tracking of Ships sion of Community Eligibility [Docket ID 1511. A letter from the Acting Secretary, [Docket No.: USCG-2005-22612] (RIN: 1625- FEMA-2008-0020; Internal Agency Docket No. Department of Health and Human Services, AB00) received April 16, 2009, pursuant to 5 FEMA-8067] received April 21, 2009, pursuant transmitting the Department’s report enti- U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on tled, ‘‘Encouraging Early Submission of Cit- Transportation and Infrastructure. Financial Services. izen Petitions and Petitions for Stay of 1524. A letter from the Attorney Advisor, 1502. A letter from the Chief Counsel, De- Agency Action’’; to the Committee on En- Department of Homeland Security, transmit- partment of Homeland Security, transmit- ergy and Commerce. ting the Department’s final rule — Security ting the Department’s final rule — Suspen- 1512. A letter from the Inspector General, Zone; Cleveland harbor, Dock 32, Cleveland, sion of Community Eligibility [Docket ID Department of Health and Human Services, OH [USCG-2008-0329] (RIN: 1625-AA87) re- FEMA-2008-0020; Internal Agency Docket No. transmitting the Department’s annual up- ceived April 16, 2009, pursuant to 5 U.S.C. FEMA-8065] received April 21, 2009, pursuant date on the use and effectiveness of funds ap- 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on propriated by the Deficit Reduction Act of tation and Infrastructure. Financial Services. 2005; to the Committee on Energy and Com- 1503. A letter from the Chief Counsel, De- merce. 1525. A letter from the Attorney Advisor, partment of Homeland Security, transmit- 1513. A letter from the Assistant Secretary Department of Homeland Security, transmit- ting the Department’s final rule — Suspen- Legislative Affairs, Department of State, ting the Department’s final rule — Safety sion of Community Eligibility [Docket ID transmitting the Department’s report on the zone; Colorado River, Parker, AZ [Docket FEMA-2008-0020; Internal Agency Docket No. issuance of passports during fiscal year 2008; No.: USCG-2007-0140] (RIN: 1625-AA00) re- FEMA-8061] received April 21, 2009, pursuant to the Committee on Foreign Affairs. ceived April 16, 2009, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 1514. A letter from the Acting President, 801(a)(1)(A); to the Committee on Transpor- Financial Services. Overseas Private Investment Corporation, tation and Infrastructure. 1504. A letter from the Counsel for Legisla- transmitting the Corporation’s Annual Pol- 1526. A letter from the Attorney Advisor, tion and Regulations, Department of Hous- icy Report for Fiscal Year 2008 and the Re- Department of Homeland Security, transmit- ing and Urban Development, transmitting port on Cooperation with Private Insurers, ting the Department’s final rule — Draw- the Department’s final rule — Refinement of pursuant to Section 240A of the Foreign As- bridge Operation Regulations; Arkansas Wa- Income and Rent Determination Require- sistance Act of 1961; to the Committee on terway, Little Rock, AR, Operation Change ments in Public and Assisted Housing Pro- Foreign Affairs. [Docket No.: USCG-2007-0043] (RIN: 1625- grams: Delay of Effective Date [Docket No.: 1515. A letter from the Acting Director, AA09) received April 16, 2009, pursuant to 5 FR-4998-F-04] (RIN: 2501-AD16) received April Court Services and Offender Supervision U.S.C. 801(a)(1)(A); to the Committee on 14, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Agency for the District of Columbia, trans- Transportation and Infrastructure. the Committee on Financial Services. mitting the Agency’s annual report for Fis- 1527. A letter from the Attorney Advisor, 1505. A letter from the Associate General cal Year 2008, pursuant to Public Law 107-174, Department of Homeland Security, transmit- Counsel for Legislation & Regulation Divi- section 203; to the Committee on Oversight ting the Department’s final rule — Regu- sions, Department of Housing and Urban De- and Government Reform. lated Navigation Area; Chesapeake and Dela- velopment, transmitting the Department’s 1516. A letter from the Acting Adminis- ware Canal, Chesapeake City Anchorage final rule — Real Estate Settlement Proce- trator, General Services Administration, Basin, MD. [Docket No.: USCG-2008-0315] dures Act (RESPA): Rule To Simplify and transmitting the Administration’s annual (RIN: 1625-AA11) received April 16, 2009, pur- Improve the Process of Obtaining Mortgages report for fiscal year 2008, pursuant to 5 CFR suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Reduce Consumer Settlement Costs; 724.302; to the Committee on Oversight and mittee on Transportation and Infrastruc- Further Deferred Applicability Date for the Government Reform. ture. Revised Definition of ‘‘Required Use’’ and 1517. A letter from the Director, National Solicitation of Public Comment on With- Science Foundation, transmitting the Foun- 1528. A letter from the Paralegal Spe- drawal of Required Use Provision [Docket dation’s annual report for fiscal year 2008, cialist, Department of Transportation, trans- No.: FR-5180-F-05] (RIN: 2502-AI61) received pursuant to Public Law 107-174; to the Com- mitting the Department’s final rule — Air- March 23, 2009, pursuant to 5 U.S.C. mittee on Oversight and Government Re- worthiness Directives; BAE Systems (Oper- 801(a)(1)(A); to the Committee on Financial form. ations) Limited (Jetstream) Model 4101 Air- Services. 1518. A letter from the Senior Associate planes [Docket No.: FAA-2008-0644; Direc- 1506. A letter from the Deputy Assistant General Counsel, Office of the Director of torate Identifier 2007-NM-321-AD; Amend- Secretary for Legislative Affairs, Depart- National Intelligence, transmitting a report ment 39-15659; AD 2008-18-02] (RIN: 2120-AA64) ment of the Treasury, transmitting the De- pursuant to the Federal Vacancies Reform received March 27, 2009, pursuant to 5 U.S.C. partment’s report covering the activities of Act of 1998; to the Committee on Oversight 801(a)(1)(A); to the Committee on Transpor- the Office of Financial Stability and the and Government Reform. tation and Infrastructure. TARP during the period of March 1, 2009 to 1519. A letter from the Acting Director, 1529. A letter from the Paralegal Spe- March 31, 2009, pursuant to Section 105(a) of Pension Benefit Guaranty Corporation, cialist, Department of Transportation, trans- the Emergency Economic Stabilization Act transmitting the Corporation’s Annual Re- mitting the Department’s final rule — Air- of 2008; to the Committee on Financial Serv- port for Fiscal Year 2008, pursuant to Section worthiness Directives; Airbus Model A300-600 ices. 203 of the Notification and Federal Employee Airplanes [Docket No.: FAA-2008-0613; Direc- 1507. A letter from the Director, Office of Antidiscrimination and Retaliation Act of torate Identifier 2008-NM-066-AD; Amend- Legislative Affairs, Federal Deposit Insur- 2002; to the Committee on Oversight and ment 39-15794; AD 2009-02-04] (RIN: 2120-AA64) ance Corporation, transmitting the Corpora- Government Reform. received March 27, 2009, pursuant to 5 U.S.C. tion’s final rule — Modification of Tem- 1520. A letter from the Chief Judge, Supe- 801(a)(1)(A); to the Committee on Transpor- porary Liquidity Guarantee Program (RIN: rior Court of the District of Columbia, trans- tation and Infrastructure.

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\L29AP7.000 H29APPT1 wwoods2 on PRODPC68 with HOUSE H4998 CONGRESSIONAL RECORD — HOUSE April 29, 2009 1530. A letter from the Paralegal Spe- Mr. PERLMUTTER: Committee on Rules. streetcar projects, and for other purposes; to cialist, Department of Transportation, trans- House Resolution 379. Resolution providing the Committee on Transportation and Infra- mitting the Department’s final rule — Air- for further consideration of the bill (H.R. 627) structure. worthiness Directives; Boeing Model 777 Air- to amend the Truth in Lending Act to estab- By Mr. BLUMENAUER (for himself, planes [Docket No.: FAA-2007-0254; Direc- lish fair and transparent practices relating Mr. MCDERMOTT, Mr. LARSON of Con- torate Identifier 2007-NM-209-AD; Amend- to the extension of credit under an open end necticut, and Mr. KLEIN of Florida): ment 39-15795; AD 2009-02-05] (RIN: 2120-AA64) consumer credit plan, and for other purposes H.R. 2164. A bill to amend title 49, United received March 27, 2009, pursuant to 5 U.S.C. (Rept. 111–92). Referred to the House Cal- States Code, to modify the authority of the 801(a)(1)(A); to the Committee on Transpor- endar. Secretary of Transportation to make grants tation and Infrastructure. f for new fixed guideway capital projects, and 1531. A letter from the Paralegal Spe- for other purposes; to the Committee on cialist, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS Transportation and Infrastructure. mitting the Department’s final rule — Air- Under clause 2 of rule XII, public By Mr. BARROW (for himself, Mr. worthiness Directives; Boeing Model 767-200,- bills and resolutions of the following MARKEY of Massachusetts, and Mr. 300, and -400ER Series Airplanes [Docket No.: WAXMAN): FAA-2008-0150; Directorate Identifier 2007- titles were introduced and severally re- H.R. 2165. A bill to amend Part II of the NM-325-AD; Amendment 39-15818; AD 2009-04- ferred, as follows: Federal Power Act to address known cyber- 12] (RIN: 2120-AA64) received March 27, 2009, By Mr. KING of New York (for himself, security threats to the reliability of the bulk pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. RANGEL, Mr. CASTLE, Mrs. power system, and to provide emergency au- mittee on Transportation and Infrastruc- MCCARTHY of New York, Mr. KIRK, thority to address future cybersecurity ture. Mr. MORAN of Virginia, and Mr. threats to the reliability of the bulk power 1532. A letter from the Paralegal Spe- SMITH of New Jersey): system, and for other purposes; to the Com- cialist, Department of Transportation, trans- H.R. 2159. A bill to increase public safety mittee on Energy and Commerce. mitting the Department’s final rule — Air- by permitting the Attorney General to deny By Mr. CUELLAR: worthiness Directives; Boeing Model 747-100, the transfer of a firearm or the issuance of H.R. 2166. A bill to amend the Communica- 747-100B, 747-200B, 747-200C, 747-200F, 747-300, firearms or explosives licenses to a known or tions Act of 1934 to provide universal service 747SR, and 747SP Series Airplanes [Docket suspected dangerous terrorist; to the Com- support to head start programs, and for No.: FAA-2008-1006; Directorate Identifier mittee on the Judiciary. other purposes; to the Committee on Energy 2008-NM-110-AD; Amendment 39-15822; AD By Ms. JACKSON-LEE of Texas (for and Commerce. 2009-04-16] (RIN: 2120-AA64) received March herself, Ms. BORDALLO, Mr. By Mr. CUELLAR (for himself, Mr. 27, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to LUETKEMEYER, Ms. KILROY, Ms. ZOE HINOJOSA, and Mr. ORTIZ): the Committee on Transportation and Infra- LOFGREN of California, and Mr. H.R. 2167. A bill to authorize the Secretary structure. THOMPSON of Mississippi): of the Interior to conduct a study to assess 1533. A letter from the Paralegal Spe- H.R. 2160. A bill to promote and encourage the suitability and feasibility of designating cialist, Department of Transportation, trans- the valuable public service, disaster relief, certain lands as the Los Caminos del Rio Los mitting the Department’s final rule — Air- and emergency communications provided on Caminos del Rio National Heritage Corridor, worthiness Directives; Airbus Model A310 Se- a volunteer basis by licensees of the Federal and for other purposes; to the Committee on ries Airplanes [Docket No.: FAA-2008-0908; Communications Commission in the Ama- Natural Resources. Directorate Identifier 2007-NM-190-AD; teur Radio Service, by undertaking a study By Mr. DUNCAN: Amendment 39-15788; AD 2009-01-09] (RIN: of the uses of amateur radio for emergency H.R. 2168. A bill to amend the Internal Rev- 2120-AA64) received March 27, 2009, pursuant and disaster relief communications, by iden- enue Code of 1986 to suspend the penalty on to 5 U.S.C. 801(a)(1)(A); to the Committee on tifying unnecessary or unreasonable impedi- underpayments of Federal income tax for un- Transportation and Infrastructure. ments to the deployment of Amateur Radio employed individuals; to the Committee on 1534. A letter from the Paralegal Spe- emergency and disaster relief communica- Ways and Means. cialist, Department of Transportation, trans- tions, and by making recommendations for By Mr. DUNCAN: mitting the Department’s final rule — Air- relief of such unreasonable restrictions so as H.R. 2169. A bill to limit Federal spending worthiness Directives; General Electric Com- to expand the uses of amateur radio commu- to a percentage of GDP; to the Committee on pany CF6-45 and CF6-50 Series Turbofan En- nications in Homeland Security planning the Budget, and in addition to the Com- gines [Docket No.: FAA-2006-24145; Direc- and response; to the Committee on Energy mittee on Rules, for a period to be subse- torate Identifier 2006-NE-06-AD; Amendment and Commerce. quently determined by the Speaker, in each 39-15823; AD 2009-04-17] (RIN: 2120-AA64) re- By Ms. SHEA-PORTER (for herself, Mr. case for consideration of such provisions as ceived March 27, 2009, pursuant to 5 U.S.C. GEORGE MILLER of California, Ms. fall within the jurisdiction of the committee 801(a)(1)(A); to the Committee on Transpor- WOOLSEY, Mr. PAYNE, Mr. HARE, Mr. concerned. tation and Infrastructure. 1535. A letter from the Paralegal Spe- COURTNEY, Ms. HIRONO, Mr. KUCINICH, By Mr. FORTENBERRY: H.R. 2170. A bill to direct the Secretary of cialist, Department of Transportation, trans- Mr. SCOTT of Virginia, Ms. Agriculture to establish a program to pro- mitting the Department’s final rule — Air- SCHAKOWSKY, Mr. LOEBSACK, Mr. vide covered institutions loans for conver- worthiness Directives; Boeing Model 737-100, GRIJALVA, Mr. HINOJOSA, Mr. WU, Ms. sion to use of biomass for energy generation; -200, -200C, -300, -400, and -500 Series Air- DEGETTE, Ms. MOORE of Wisconsin, planes [Docket No.: FAA-2007-29255; Direc- Ms. SUTTON, Mrs. MALONEY, Ms. WA- to the Committee on Agriculture. torate Identifier 2007-NM-085-AD; Amend- TERS, Ms. FUDGE, Ms. EDDIE BERNICE By Mr. HINCHEY (for himself, Mr. ment 39-15821; AD 2009-04-15] (RIN: 2120-AA64) JOHNSON of Texas, and Ms. CASTOR of MCHUGH, Mr. PLATTS, Mr. FATTAH, received March 27, 2009, pursuant to 5 U.S.C. Florida): Ms. SLAUGHTER, Mr. BARROW, Mr. 801(a)(1)(A); to the Committee on Transpor- H.R. 2161. A bill to nullify certain regula- GORDON of Tennessee, Mr. LOEBSACK, tation and Infrastructure. tions promulgated under the Family and Mr. GERLACH, Mr. MCGOVERN, Mr. 1536. A letter from the Paralegal Spe- Medical Leave Act of 1993 and restore prior POE of Texas, Mr. ARCURI, Mr. ACKER- cialist, Department of Transportation, trans- regulations and to direct the Secretary of MAN, Mr. ISRAEL, Mrs. MALONEY, Mr. mitting the Department’s final rule — IFR Labor to revise certain additional regula- GONZALEZ, Mr. NADLER of New York, Altitudes; Miscellaneous Amendments tions under that Act; to the Committee on Mr. TONKO, Mrs. LOWEY, and Mr. [Docket No.: 30653; Amdt. No. 479] received Education and Labor, and in addition to the CROWLEY): March 27, 2009, pursuant to 5 U.S.C. Committees on Oversight and Government H.R. 2171. A bill to authorize the Archivist 801(a)(1)(A); to the Committee on Transpor- Reform, and House Administration, for a pe- of the United States to make grants to tation and Infrastructure. riod to be subsequently determined by the States for the preservation and dissemina- 1537. A letter from the Chair, Christopher Speaker, in each case for consideration of tion of historical records; to the Committee Columbus Fellowship Foundation, transmit- such provisions as fall within the jurisdic- on Oversight and Government Reform. ting the Foundation’s annual report for fis- tion of the committee concerned. By Mr. LARSEN of Washington (for cal year 2008, pursuant to Public Law 102-281, By Mr. MINNICK (for himself and Mr. himself, Mr. DICKS, Mr. MCMAHON, section 429(b); jointly to the Committees on SIMPSON): Mr. YOUNG of Alaska, Mr. SIRES, Mr. Financial Services and Science and Tech- H.R. 2162. A bill to designate the facility of INSLEE, Mr. KAGEN, Mr. PASCRELL, nology. the United States Postal Service located at Mr. DELAHUNT, Mr. ISRAEL, Mr. 123 11th Avenue South in Nampa, Idaho, as BUTTERFIELD, Mr. JONES, Mr. f the ‘‘Herbert A Littleton Postal Station’’; to COURTNEY, Mr. TAYLOR, Ms. PINGREE REPORTS OF COMMITTEES ON the Committee on Oversight and Govern- of Maine, Mr. SMITH of Washington, PUBLIC BILLS AND RESOLUTIONS ment Reform. Mr. MCINTYRE, Mr. REICHERT, and Mr. MCDERMOTT): Under clause 2 of rule XIII, reports of By Mr. BLUMENAUER (for himself, Mr. MCDERMOTT, Mr. LARSON of Con- H.R. 2172. A bill to promote secure ferry committees were delivered to the Clerk necticut, and Mr. KLEIN of Florida): transportation and for other purposes; to the for printing and reference to the proper H.R. 2163. A bill to authorize the Secretary Committee on Transportation and Infra- calendar, as follows: of Transportation to make grants for certain structure.

VerDate Nov 24 2008 03:25 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\L29AP7.000 H29APPT1 wwoods2 on PRODPC68 with HOUSE April 29, 2009 CONGRESSIONAL RECORD — HOUSE H4999 By Mr. MICHAUD (for himself and Ms. for Federal mortgage assistance; to the Com- H. Res. 380. A resolution expressing support PINGREE of Maine): mittee on Financial Services. for designation of April as ‘‘National Donate H.R. 2173. A bill to designate the facility of By Mr. TOWNS (for himself, Mr. ISSA, Life Month’’ and expressing gratitude to all the United States Postal Service located at Mr. KUCINICH, Mr. PLATTS, Mr. Americans who have communicated their in- 1009 Crystal Road in Island Falls, Maine, as WELCH, and Mr. CONNOLLY of Vir- tent to be organ and tissue donors; to the the ‘‘Carl B. Smith Post Office’’; to the Com- ginia): Committee on Energy and Commerce. mittee on Oversight and Government Re- H.R. 2182. A bill to amend the American form. Recovery and Reinvestment Act of 2009 to f By Mr. MICHAUD (for himself and Ms. provide for enhanced State and local over- MEMORIALS PINGREE of Maine): sight of activities conducted pursuant to H.R. 2174. A bill to designate the facility of such Act, and for other purposes; to the Com- Under clause 4 of Rule XXII, the United States Postal Service located at mittee on Oversight and Government Re- 38. The SPEAKER presented a memorial of 18 Main Street in Howland, Maine, as the form. the State Senate of Georgia, relative to Sen- ‘‘Clyde Hichborn Post Office’’; to the Com- By Mr. SKELTON (for himself, Mr. ate Resolution 632 affirming states’ rights mittee on Oversight and Government Re- MCHUGH, Mr. MARSHALL, Mrs. DAVIS based on Jeffersonian principles; to the Com- form. of California, Mr. WILSON of South mittee on the Judiciary. By Mr. MORAN of Virginia (for himself Carolina, Mr. FLEMING, Mr. REYES, and Mr. BRADY of Pennsylvania): Mr. BRADY of Pennsylvania, Mr. f H.R. 2175. A bill to prohibit as indecent the LANGEVIN, Ms. BORDALLO, Mr. SHU- ADDITIONAL SPONSORS broadcasting of any advertisement for a STER, Mr. BISHOP of Utah, Mr. AN- medication for the treatment of erectile dys- DREWS, Mr. JOHNSON of Georgia, Mr. Under clause 7 of rule XII, sponsors function, and for other purposes; to the Com- LARSEN of Washington, Mr. ORTIZ, were added to public bills and resolu- mittee on Energy and Commerce. Ms. GIFFORDS, Mr. COURTNEY, Mr. tions as follows: By Mr. POMEROY (for himself, Mr. MCKEON, Mr. SPRATT, Ms. PINGREE of H.R. 21: Mr. KIND and Mr. KILDEE. SAM JOHNSON of Texas, and Mrs. Maine, Mr. FORBES, Mr. MILLER of H.R. 155: Mr. HALL of Texas. CAPPS): Florida, Mr. PATRICK J. MURPHY of H.R. 179: Mr. PIERLUISI. H.R. 2176. A bill to amend title XVIII of the Pennsylvania, Mr. SMITH of Wash- H.R. 181: Ms. LINDA T. SA´ NCHEZ of Cali- Social Security Act to continue the ability ington, Mr. ELLSWORTH, Mr. COFFMAN fornia. of hospitals to supply a needed workforce of of Colorado, Mr. BARTLETT, Ms. LO- H.R. 197: Mr. CONAWAY, Mr. PETERSON, and nurses and allied health professionals by pre- RETTA SANCHEZ of California, and Ms. Mr. SCALISE. serving funding for hospital operated nursing TSONGAS): H.R. 207: Mr. HUNTER and Mr. WITTMAN. and allied health education programs; to the H.J. Res. 44. A joint resolution recognizing H.R. 208: Mr. BARRETT of South Carolina, Committee on Ways and Means. the service, sacrifice, honor, and profes- Ms. BALDWIN, Mr. YARMUTH, Mr. CARNEY, Mr. By Mr. PRICE of North Carolina (for sionalism of the Noncommissioned Officers MCMAHON, Mr. PLATTS, Mr. ROSS, Mr. himself, Mr. SPRATT, Mr. WAXMAN, of the United States Army; to the Com- WELCH, Ms. BORDALLO, and Mrs. NAPOLITANO. Ms. SCHAKOWSKY, Mr. CONYERS, Mr. mittee on Armed Services. H.R. 213: Mr. MOORE of Kansas, Mr. POSEY, COOPER, Mr. MILLER of North Caro- By Mr. BUCHANAN (for himself, Mr. and Mr. DAVIS of Kentucky. lina, Mr. MCGOVERN, Mr. DINGELL, CAO, Ms. BORDALLO, Mr. LEE of New H.R. 218: Mr. PLATTS. Mr. FILNER, Mrs. MALONEY, Mrs. York, Mr. MCKEON, Mr. ROGERS of H.R. 265: Mr. FRANK of Massachusetts. CAPPS, Mr. BRADY of Pennsylvania, Michigan, Mr. ROONEY, Ms. KIL- H.R. 270: Ms. TSONGAS. Mr. ELLISON, Ms. HIRONO, Mr. HALL of PATRICK of Michigan, Mr. THOMPSON H.R. 303: Mr. MORAN of Virginia, Mr. FIL- New York, Mr. ETHERIDGE, Mr. FARR, of Pennsylvania, Mr. CASTLE, Mr. NER, Mr. LATHAM, and Mr. LATOURETTE. Mr. BLUMENAUER, and Mr. PAYNE): DENT, Mr. ALTMIRE, Mrs. BACHMANN, H.R. 347: Ms. EDDIE BERNICE JOHNSON of H.R. 2177. A bill to require accountability Mrs. MYRICK, Mr. LATTA, Mr. Texas, Mr. CONYERS, Mr. MURTHA, Mr. CAR- for personnel performing private security GOHMERT, Mr. BROWN of South Caro- SON of Indiana, Mr. CANTOR, Mr. DINGELL, functions under Federal contracts, and for lina, Mr. NEAL of Massachusetts, Mr. Mr. FATTAH, Mr. FOSTER, Mr. NYE, Mr. other purposes; to the Committee on Armed BARTLETT, Mr. REICHERT, Mr. BURTON SPACE, Mr. ALEXANDER, Mr. BARTON of Services, and in addition to the Committees of Indiana, Mrs. BLACKBURN, Mr. Texas, Mrs. BIGGERT, Mrs. BLACKBURN, Mr. on Foreign Affairs, and Oversight and Gov- MACK, Mr. WAMP, Mr. SCHRADER, Mr. BOUSTANY, Mr. BROWN of South Carolina, Mr. ernment Reform, for a period to be subse- SMITH of New Jersey, Mr. ROE of Ten- CASTLE, Mr. COLE, Mr. CRENSHAW, Mr. DAVIS quently determined by the Speaker, in each nessee, Mr. HALL of New York, Mr. of Kentucky, Mr. MARIO DIAZ-BALART of case for consideration of such provisions as BOOZMAN, Mr. UPTON, and Mr. ABER- Florida, Mr. FORBES, Ms. FOXX, Mr. FRELING- fall within the jurisdiction of the committee CROMBIE): concerned. H. Con. Res. 114. Concurrent resolution ex- HUYSEN, Mr. GINGREY of Georgia, Mr. By Mr. RANGEL: pressing the sense of the Congress that a HENSARLING, Mr. HOEKSTRA, Mr. INGLIS, Mr. H.R. 2178. A bill to amend the Controlled commemorative postage stamp should be KING of Iowa, Mr. WITTMAN, Mr. Substances Act and the Controlled Sub- issued to honor our Nation’s disabled vet- LATOURETTE, Mr. LOBIONDO, Mr. MANZULLO, stances Import and Export Act to eliminate erans; to the Committee on Oversight and Mr. MARCHANT, Mr. MICA, Mr. PLATTS, Mr. certain mandatory minimum penalties relat- Government Reform. RYAN of Wisconsin, Mr. SENSENBRENNER, Mr. ing to crack cocaine offenses; to the Com- By Mr. CALVERT (for himself and Mr. SMITH of New Jersey, Mr. UPTON, Mr. YOUNG mittee on the Judiciary, and in addition to ABERCROMBIE): of Alaska, Mr. WAMP, Mr. WILSON of South the Committee on Energy and Commerce, for H. Res. 377. A resolution recognizing Carolina, Mr. HALL of New York, Mr. CLY- a period to be subsequently determined by Armed Forces Day and the exemplary service BURN, Mr. DAVIS of Alabama, Ms. DELAURO, the Speaker, in each case for consideration of the members of the United States Armed Mrs. HALVORSON, Mr. HEINRICH, Ms. KIL- of such provisions as fall within the jurisdic- Forces; to the Committee on Armed Serv- PATRICK of Michigan, Ms. MARKEY of Colo- tion of the committee concerned. ices. rado, Mr. MASSA, Mr. OBERSTAR, Mr. RANGEL, By Mr. SIMPSON (for himself and Mr. By Mr. POE of Texas (for himself, Mr. Mr. THOMPSON of Mississippi, Mr. YARMUTH, MINNICK): MCCOTTER, Mr. PAYNE, Mr. MACK, Mr. Mr. BURTON of Indiana, Mr. PUTNAM, and Mr. H.R. 2179. A bill to permit commercial ve- INGLIS, Mr. CAMPBELL, Mr. BILIRAKIS, TERRY. hicles at weights up to 129,000 pounds to use Mr. ROHRABACHER, Mr. BURTON of In- H.R. 430: Mr. BISHOP of New York and Mr. certain highways of the Interstate System in diana, Mr. MCCAUL, Mr. BOOZMAN, ROE of Tennessee. the State of Idaho, which would provide sig- Mr. BROUN of Georgia, Mr. GALLEGLY, H.R. 433: Mr. KING of New York. nificant savings in the transportation of Mr. SCHOCK, Mr. ROONEY, Mr. WOLF, H.R. 442: Mr. CHILDERS, Mr. MARCHANT, Mr. goods throughout the United States, and for Mr. CHAFFETZ, Mr. OLSON, Mr. FLAKE, CONAWAY, and Mr. BARROW. other purposes; to the Committee on Trans- Mr. WILSON of South Carolina, Mr. H.R. 450: Mr. WESTMORELAND. portation and Infrastructure. ROYCE, Mr. LAMBORN, Ms. ROS- H.R. 482: Mr. HOEKSTRA. By Mr. TEAGUE (for himself and Mr. LEHTINEN, Mr. FRANKS of Arizona, H.R. 510: Mr. COBLE and Mr. BOOZMAN. FILNER): Mrs. MILLER of Michigan, and Mr. H.R. 556: Mr. ROTHMAN of New Jersey and H.R. 2180. A bill to amend title 38, United CALVERT): Mr. CONNOLLY of Virginia. States Code, to waive housing loan fees for H. Res. 378. A resolution recognizing the H.R. 574: Mr. MURPHY of Connecticut, Ms. certain veterans with service-connected dis- 30th anniversary of the election of Margaret DELAURO, Mr. FARR, Mr. PETERSON, Mr. abilities called to active service; to the Com- Thatcher as the first female Prime Minister COURTNEY, and Ms. KILPATRICK of Michigan. mittee on Veterans’ Affairs. of Great Britain; to the Committee on For- H.R. 618: Mr. SESTAK. By Ms. TITUS (for herself and Mr. eign Affairs. H.R. 622: Mr. SMITH of Nebraska. CARDOZA): By Mr. COSTA (for himself, Mr. WU, H.R. 635: Mr. GRIJALVA. H.R. 2181. A bill to require servicers of Ms. SPEIER, Mr. REYES, Mr. BILBRAY, H.R. 816: Mr. BISHOP of Utah, Mr. GOOD- mortgages on single family homes to provide Ms. DEGETTE, Mr. CLAY, and Mr. LATTE, Mr. BURTON of Indiana, Mr. BROUN of notice to mortgagors of possible eligibility CAMP): Georgia, Mr. MCNERNEY, Mr. ROSKAM, Mr.

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TIM MURPHY of Pennsylvania, Mr. KIND, Mr. H.R. 1549: Ms. LINDA T. SA´ NCHEZ of Cali- H. Con. Res. 87: Mr. MCCOTTER and Mr. LATOURETTE, and Mr. SCALISE. fornia. COSTA. H.R. 840: Mr. POE of Texas, Ms. SHEA-POR- H.R. 1551: Ms. LINDA T. SA´ NCHEZ of Cali- H. Con. Res. 102: Mr. PETERSON and Mr. TER, and Mr. INSLEE. fornia and Mr. QUIGLEY. LATHAM. H.R. 847: Mr. COHEN. H.R. 1552: Mr. GRAYSON, Mr. WITTMAN, Mr. H. Con. Res. 111: Ms. BERKLEY, Mr. BILI- H.R. 904: Mr. FATTAH. HOLDEN, Mr. MCINTYRE, Mr. SHULER, Mr. RAKIS, Mrs. BLACKBURN, Mr. BOSWELL, Mr. H.R. 927: Mr. KRATOVIL. BOREN, Mr. WILSON of Ohio, Mr. ARCURI, Mr. BROUN of Georgia, Mr. BROWN of South Caro- H.R. 982: Mrs. BIGGERT, Mr. BRADY of COSTA, Mr. PETERSON, Mr. MOORE of Kansas, lina, Mr. BURTON of Indiana, Mr. DENT, Mr. Texas, and Mr. CHAFFETZ. Mr. DAVIS of Tennessee, and Mr. CUELLAR. FRANKS of Arizona, Mr. FOSTER, Mr. HODES, H.R. 1067: Mr. ROONEY. H.R. 1585: Mr. CONNOLLY of Virginia, Ms. Mr. LOBIONDO, Mr. MARKEY of Massachu- H.R. 1074: Mr. BARRETT of South Carolina, ZOE LOFGREN of California, Mr. ALTMIRE, Mr. setts, Mr. MASSA, Mr. PRICE of Georgia, Mr. Mr. SOUDER, Mr. CONAWAY, and Mr. BARROW. PETERSON, Mrs. MALONEY, and Mr. GENE SESSIONS, Mr. SHUSTER, Mr. TIAHRT, Mr. WIL- H.R. 1102: Mr. ALTMIRE. GREEN of Texas. SON of South Carolina, Mr. SCOTT of Georgia, H.R. 1174: Mr. LIPINSKI, Mrs. CAPITO, and H.R. 1616: Mr. QUIGLEY, Mr. MILLER of Mr. MCMAHON, Mr. HOLDEN, Mr. CULBERSON, Mr. PIERLUISI. North Carolina, Ms. CLARKE, and Mr. Mr. LINCOLN DIAZ-BALART of Florida, Mr. H.R. 1189: Mr. MICHAUD and Mr. GENE PIERLUISI. LAMBORN, Mr. GALLEGLY, Mr. POE of Texas, GREEN of Texas. H.R. 1670: Ms. WOOLSEY and Mr. PITTS. Mrs. BACHMANN, Mr. MARCHANT, Mr. MORAN H.R. 1190: Mr. PETERSON. H.R. 1675: Mr. CAPUANO. of Kansas, Mr. CONAWAY, Mr. DAVIS of Ten- H.R. 1191: Mr. PASCRELL and Mr. REICHERT. H.R. 1684: Mr. SCALISE, Mr. SOUDER, and nessee, Mrs. SCHMIDT, and Mr. STEARNS. H.R. 1193: Mr. CONNOLLY of Virginia. Mr. CONAWAY. H. Res. 42: Mr. WAMP, Mr. TIM MURPHY of H.R. 1194: Mr. UPTON, Mr. HASTINGS of H.R. 1700: Mr. PETERSON. Pennsylvania, Mr. MCHUGH, and Mr. ALEX- Florida, and Mr. BUTTERFIELD. H.R. 1708: Ms. SCHWARTZ. ANDER. H.R. 1203: Mr. MICHAUD, Ms. ZOE LOFGREN H.R. 1709: Mr. HOLT and Mrs. BIGGERT. H. Res. 111: Mr. ROONEY, Mrs. SCHMIDT, Mr. of California, Mr. JACKSON of Illinois, Mr. H.R. 1723: Mrs. CHRISTENSEN. YARMUTH, Mr. PERLMUTTER, and Mr. UPTON, and Mr. POMEROY. H.R. 1736: Mr. HOLT. SHIMKUS. H.R. 1206: Mr. CRENSHAW, Mr. HASTINGS of H.R. 1787: Mr. VAN HOLLEN. H. Res. 130: Mr. CHILDERS. Washington, Mr. GINGREY of Georgia, Mr. H.R. 1792: Mrs. LOWEY. H. Res. 192: Mr. BACA, Ms. MCCOLLUM, Ms. ALEXANDER, Mr. BURGESS, and Mr. ROHR- H.R. 1802: Mr. FORBES and Mr. SIMPSON. EDWARDS of Maryland, Mr. TIBERI, Mr. ABACHER. H.R. 1813: Mr. BURTON of Indiana. LOBIONDO, Mr. THOMPSON of California, Mr. H.R. 1207: Mr. WILSON of Ohio, Mr. HALL of H.R. 1836: Mr. ROONEY. SARBANES, and Mr. WILSON of Ohio. Texas, Mr. KLINE of Minnesota, Mrs. BONO H.R. 1841: Mr. KING of New York. H. Res. 204: Mr. GINGREY of Georgia, Mr. MACK, Mr. TIM MURPHY of Pennsylvania, Mr. H.R. 1842: Mr. HALL of Texas. PITTS, Mr. HALL of Texas, Mr. SHADEGG, Mr. CALVERT, Mr. MCDERMOTT, Mr. UPTON, and H.R. 1864: Mr. YOUNG of Florida, Mrs. BARTON of Texas, Mr. MCHUGH, Mr. POSEY, Mr. BACHUS. SCHMIDT, Mr. HASTINGS of Washington, and Mr. PETERSON, Mrs. EMERSON, Mr. H.R. 1208: Mr. WAMP, Mr. MCCLINTOCK, Mr. Mr. GINGREY of Georgia. CULBERSON, Mr. LINDER, Mr. EDWARDS of REHBERG, Mr. STEARNS, Mr. ROE of Ten- H.R. 1881: Mr. FARR, Ms. BERKLEY, Mr. Texas, Mr. WAMP, Mr. BISHOP of Utah, Mr. nessee, Mr. BURGESS, Mr. GINGREY of Geor- LYNCH, Mr. HARE, Mr. MASSA, Ms. SHEA-POR- KING of Iowa, Mr. GOHMERT, Mr. GENE GREEN gia, Mr. ALEXANDER, Mr. KIRK, Mr. ROHR- TER, Mr. MITCHELL, Mr. ALTMIRE, Mr. of Texas, Mrs. BIGGERT, Ms. FOXX, Mr. BAIRD, ABACHER, Mr. SCALISE, and Mr. LATOURETTE. PALLONE, and Mr. BACA. Mr. SHUSTER, Mr. WESTMORELAND, Ms. H.R. 1269: Mr. HENSARLING. H.R. 1894: Mr. PASCRELL and Ms. ZOE DELAURO, Mr. FLAKE, Mr. HARPER, Mr. H.R. 1283: Mr. HIGGINS. LOFGREN of California. GUTIERREZ, Mr. COBLE, and Mr. KUCINICH. H.R. 1308: Mr. CARSON of Indiana, Mr. DIN- H.R. 1910: Mr. CUELLAR and Mr. LANCE. H. Res. 209: Mr. LINCOLN DIAZ-BALART of GELL, Mr. HALL of New York, Mr. MOORE of H.R. 1912: Mr. LANCE and Mr. POLIS of Colo- Florida and Mr. ENGEL. Kansas, Mr. MCGOVERN, and Ms. EDDIE BER- rado. H. Res. 232: Mr. BUYER. NICE JOHNSON of Texas. H.R. 1933: Mrs. LOWEY. H. Res. 236: Ms. KOSMAS. H.R. 1324: Mr. SERRANO, Mr. MEEKS of New H.R. 1941: Mr. MINNICK and Mr. BISHOP of H. Res. 252: Mrs. LOWEY and Ms. BERKLEY. York, Mr. AL GREEN of Texas, Mr. GRAYSON, Utah. H. Res. 291: Ms. BORDALLO. Mr. TONKO, Mr. INSLEE, Mr. STUPAK, and Mr. H.R. 1958: Ms. BORDALLO. H. Res. 300: Mr. MCKEON and Mr. CASSIDY. SKELTON. H.R. 1976: Mr. FARR. H. Res. 309: Mr. WILSON of South Carolina, H.R. 1326: Mr. TIERNEY. H.R. 1977: Ms. MOORE of Wisconsin and Mr. Mr. BOOZMAN, and Mr. FRANKS of Arizona. H.R. 1327: Mr. CHANDLER, Ms. BEAN, Mr. TAYLOR. H. Res. 333: Mr. ELLISON. SULLIVAN, Mr. WESTMORELAND, Mr. KISSELL, H.R. 2000: Mr. MCNERNEY and Mr. BRADY of H. Res. 362: Mr. FILNER, Mr. HINOJOSA, Ms. Mr. AL GREEN of Texas, Mr. JORDAN of Ohio, Pennsylvania. KILPATRICK of Michigan, Mr. PASCRELL, Mr. Mr. MCNERNEY, Mr. COSTA, Ms. SPEIER, Mr. H.R. 2006: Mr. MICHAUD, Mr. KILDEE, and POLIS of Colorado, Mr. SKELTON, Mr. MCGOV- MATHESON, Mr. SCOTT of Georgia, Mr. Mr. NADLER of New York. ERN, and Mr. BRADY of Pennsylvania. MAFFEI, Mr. LEE of New York, Mrs. MYRICK, H.R. 2014: Mr. BARRETT of South Carolina, H. Res. 364: Mr. OLSON, Mr. CROWLEY, Mr. Mr. COHEN, Mr. BOOZMAN, Mr. CROWLEY, Mr. Mrs. LOWEY, and Mr. GARY G. MILLER of Cali- BRADY of Pennsylvania, and Mr. NADLER of BARRETT of South Carolina, Mr. HERGER, Mr. fornia. New York. MANZULLO, and Mr. CLEAVER. H.R. 2021: Mr. SMITH of Nebraska, Mr. H. Res. 366: Mr. MOORE of Kansas, Mr. H.R. 1392: Mr. TIBERI. PAUL, Mr. HASTINGS of Washington, Mr. H.R. 1411: Ms. JACKSON-LEE of Texas. MANZULLO, Mr. CASSIDY, and Mrs. BONO LAMBORN, and Mr. CAPUANO. H.R. 1422: Mr. MARCHANT. MACK. H.R. 1430: Mr. MOORE of Kansas, Mr. GER- H.R. 2047: Mr. LINDER and Mrs. MILLER of f LACH, Mr. PAYNE, and Mr. SMITH of New Jer- Michigan. sey. H.R. 2063: Mrs. BLACKBURN, Mr. GOHMERT, CONGRESSIONAL EARMARKS, LIM- H.R. 1458: Mr. PASCRELL and Mr. COSTA. Mrs. EMERSON, and Mr. SAM JOHNSON of H.R. 1470: Mr. PETERSON. Texas. ITED TAX BENEFITS, OR LIM- H.R. 1479: Ms. FUDGE and Mr. MEEK of Flor- H.R. 2090: Mr. BISHOP of New York and Mr. ITED TARIFF BENEFITS ida. ACKERMAN. Under clause 9 of rule XXI, lists or H.R. 1522: Mr. OBERSTAR, Mr. STARK, Ms. H.R. 2113: Ms. NORTON. statements on congressional earmarks, LEE of California, Mrs. CAPPS, Mr. H.R. 2116: Mr. CONNOLLY of Virginia, Mr. limited tax benefits, or limited tariff COURTNEY, Mr. SESTAK, Mr. MCGOVERN, Ms. SCHIFF, Mr. CARNEY, and Mr. MITCHELL. BORDALLO, Mr. HINCHEY, Ms. EDDIE BERNICE H.R. 2117: Mr. REYES. benefits were submitted as follows: JOHNSON of Texas, and Mr. BISHOP of New H.R. 2118: Mr. SESSIONS. The amendment to be offered by Rep- York. H.R. 2119: Mr. SESSIONS. resentative Gutierrez or a designee to H.R. H.R. 1547: Mr. LEWIS of Georgia, Mr. COLE, H.R. 2132: Mr. MEEK of Florida. 627 the Credit Cardholders’ Bill of Rights, Mr. LUCAS, Ms. RICHARDSON, Ms. ESHOO, Mr. H.R. 2148: Mrs. CAPPS. does not contain any congressional ear- CROWLEY, Mr. MCNERNEY, Mr. NEUGEBAUER, H.R. 2149: Mrs. MALONEY. marks, limited tax benefits, or limited tariff Mr. ALTMIRE, and Mr. BRADY of Pennsyl- H. Con. Res. 58: Mr. ABERCROMBIE and Mr. benefits as defined in clause 9(d), 9(e), or 9(f) vania. SESTAK. of rule XXI.

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Vol. 155 WASHINGTON, WEDNESDAY, APRIL 29, 2009 No. 64 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator we should be able to start either to- called to order by the Honorable TOM from the State of New Mexico, to perform night or tomorrow. the duties of the Chair. UDALL, a Senator from the State of f New Mexico. ROBERT C. BYRD, President pro tempore. RESERVATION OF LEADER TIME PRAYER Mr. UDALL of New Mexico thereupon The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- assumed the chair as Acting President pore. Under the previous order, the fered the following prayer: pro tempore. leadership time is reserved. Let us pray: f f Eternal Father, strong to save, whose RECOGNITION OF THE MAJORITY MORNING BUSINESS arms have bound the restless waves, let LEADER Your still small voice echo down time’s The ACTING PRESIDENT pro tem- corridors to renew our lawmakers and The ACTING PRESIDENT pro tem- pore. Under the previous order, the to lift their vision. Inspire them to pore. The majority leader is recog- Senate will proceed to a period of dedicate themselves to eternal values nized. morning business for up to 1 hour, with Senators permitted to speak for up to and to be unafraid of the consequences f of following the highest standards they 10 minutes, with the time equally di- know. May they run from the success SCHEDULE vided and controlled between the two purchased at the cost of cowardice and Mr. REID. Mr. President, following leaders or their designees, with Repub- cunning. Guide them, Lord, by Your leader remarks, there will be a period licans controlling the first half and the living word, as You infuse them with of morning business for up to an hour, majority controlling the final half. the spirit of service. Help them to see with Senators being allowed to speak Mr. REID. Mr. President, I suggest that nothing they do can separate for up to 10 minutes each. The Repub- the absence of a quorum. The ACTING PRESIDENT pro tem- them from Your love but that they can licans will control the first half, the pore. The clerk will call the roll. block the experience of Your joy. Re- Democrats the second half. The assistant legislative clerk pro- mind them to make Your joy their Following morning business, the Sen- ate will begin 10 hours of statutory de- ceeded to call the roll. strength. Mr. REID. Mr. President, I ask unan- We pray in Your holy Name. Amen. bate with respect to the conference re- imous consent that the order for the port to accompany the resolution on f quorum call be rescinded. the budget. Under an agreement we The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE reached last night, the Senate will pro- pore. Without objection, it is so or- The Honorable TOM UDALL led the ceed to the conference report upon re- Pledge of Allegiance, as follows: dered. ceiving a message from the House of Mr. REID. Mr. President, I suggest I pledge allegiance to the Flag of the Representatives with respect to the the absence of a quorum and ask that United States of America, and to the Repub- conference report. Senators will be no- the time be equally charged. lic for which it stands, one nation under God, tified when the vote on adoption of the indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- conference report is scheduled. We will pore. Without objection, it is so or- f probably vote on that late this after- dered. APPOINTMENT OF ACTING noon, early this evening. We have 10 The clerk will call the roll. PRESIDENT PRO TEMPORE hours. There are no amendments in The assistant legislative clerk pro- order. There are no procedural obsta- The PRESIDING OFFICER. The ceeded to call the roll. cles to our finishing that fairly quick- clerk will please read a communication Mr. MCCONNELL. Mr. President, I ly. I spoke to Chairman CONRAD. He to the Senate from the President pro ask unanimous consent that the order certainly will not use the 5 hours tempore (Mr. BYRD). for the quorum call be rescinded. which we are allotted, so we will yield The assistant legislative clerk read The ACTING PRESIDENT pro tem- back a lot of that time. Even if the Re- the following letter: pore. Without objection, it is so or- publicans use all of their 5 hours, we dered. U.S. SENATE, should be able to vote fairly quickly. PRESIDENT PRO TEMPORE, f As far as the rest of the week is con- Washington, DC, April 29, 2009. FLU OUTBREAKS To the Senate: cerned, we hope to reach an agreement Under the provisions of rule I, paragraph 3, with the Republicans to begin consider- Mr. MCCONNELL. Mr. President, we of the Standing Rules of the Senate, I hereby ation of the housing legislation, which were all saddened this morning to hear

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

S4831

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VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.000 S29APPT1 smartinez on PROD1PC64 with SENATE S4832 CONGRESSIONAL RECORD — SENATE April 29, 2009 that a Texas child has died from the re- aimed at stabilizing the overall econ- Americans may like the President, but cent outbreak of the H1N1 flu. This is a omy. But we refused to support a sec- they do not understand how a giant ex- very worrisome situation, and we are ond round of funds when the adminis- pansion of Government will help create all following it very closely. tration couldn’t assure us it would or preserve jobs. Yesterday, Secretary Napolitano only be used to address the crisis at They do not think the administra- briefed Republicans on this matter, and hand. tion has done enough to explain how we appreciate the administration’s co- When it came to an economic stim- borrowing money to create those pro- ordination with Congress. The adminis- ulus, Republicans pointed out the glar- grams will make America stronger, tration has said that it currently has ing weaknesses in the Democrat plan more secure, and more economically all the personnel and equipment it and we offered a plan of our own that sound. needs to handle the situation, but would have cost half as much and gone Americans are also increasingly con- going forward, Congress is prepared to straight to the root of the problem, cerned about the administration’s ap- work on the request for additional which is housing. proach to a number of foreign policy funds in the supplemental. We also suggested that instead of issues that are related to our efforts in I would note that Congress is in a spending billions on wasteful projects, Afghanistan and Iraq. One of the most much better position to deal with out- we loan State and local governments troubling of these decisions relates to breaks such as this as a result of the money. This would have encouraged the terrorist detention facility at hard work of Senator BURR and others, the careful use of taxpayer dollars Guantanamo Bay. Shortly after taking who have done a great deal on the issue since State and local governments office, the new Attorney General was of biopreparedness and on coordinating would have known they would have to tasked with closing Guantanamo by all of the relevant Government agen- pay the money back when the economy next January. cies. We stand ready to closely work improved. Yet 3 months later, the administra- with the administration to protect the We also refused to support bailouts tion still has not provided the Amer- American people as this situation for the auto industry, since we don’t ican people with any further details unfolds. think the Government should be pick- about what will happen to these in- mates once the January deadline ar- f ing winners and losers. We said bail- outs would only delay necessary re- rives. The American people do not BUDGET CONFERENCE REPORT forms for long-term success. Our posi- want terrorists back on the battlefield, Mr. MCCONNELL. Mr. President, tion was recently vindicated when the and they certainly do not want them from the very first days of the new ad- automakers came back for even more released into their neighborhoods, as ministration, Senate Republicans have money, forcing the administration to some in the administration have pledged to work closely with our new talk seriously about bankruptcy as a shockingly proposed, according to news President and his Cabinet to find solu- means of achieving the necessary re- accounts. The administration has not been tions to the Nation’s many foreign and structuring. clear about its reason for closing Guan- domestic challenges. When it comes to protecting tax- tanamo before it has a plan for these On the foreign policy front, we felt payers and to a mounting debt that our detainees. But its reason cannot be strongly about the need to work with children will inherit, the new adminis- that the facility is poorly run, since the new administration on a unified tration has been remarkably carefree. Attorney General Holder has said him- agenda that protects the American Most of this debt is being financed by self that the facilities there are good people and furthers our interests China and countries in the Middle ones. It cannot be that the administra- abroad. So far, we have had two major East, which of course increases the eco- tion has a better alternative. If it did, points of convergence. nomic leverage these countries have we would have heard about it by now. On the enormously important ques- over the United States. The American people do not want tion of our strategies in both Afghani- Americans are worried about this and trained terrorists released into their stan and Iraq, Republicans support the they should be. In a time of economic neighborhoods. They want answers. Un- President’s decision to follow, in both hardship, we should not be borrowing fortunately, the administration has cases, the best advice of his military money we will not be able to pay back. only offered silence. commanders on the ground. The current administration seems to In the face of tremendous challenges We may part ways on a number of disagree. In just 1 week in February, at home and abroad, the new adminis- other foreign policy issues, some of the administration’s acts cost the tration offered a burst of activity and a which I outlined in greater detail ear- American taxpayers more than $1 tril- veritable explosion of debt. Meanwhile, lier this week, but when it comes to lion, or more than the wars in Iraq, Af- Republicans have proposed responsible the question of Iraq and Afghanistan, ghanistan and the relief efforts for solutions that are meant to empower the President’s strategy is one that Hurricane Katrina combined. the American people and improve the most everyone can support. Federal support for a single company quality of their daily lives. Here at home, there have admittedly in the financial sector now amounts to On this front, Republicans will con- been fewer opportunities for agree- almost $175 billion over the past year tinue to offer sensible ideas on health ment. alone. That is more than what we will care that address the concerns Ameri- An ongoing recession and the con- spend this year on the deployment cans have about the high cost of doc- tinuing reverberations of a financial costs of our Armed Forces fighting in tors visits, about finding good health shock that began in the housing indus- Afghanistan and Iraq. coverage, and about keeping the cov- try led both parties to come up with So far this year the most far-reach- erage they have. their own respective plans to jumpstart ing legislation we have considered is The lesson of the failed health care the economy in the short term and the budget. In the middle of a reces- proposal of the Clinton era is not that strengthen its foundations in the long sion, the same Democrats who were Americans do not want reform, it is term. outraged over a $455 billion deficit last that any reform should reflect the The administration’s plan revolved year came to us this year with a budg- needs of all Americans, not just a se- around a trillion dollar stimulus that et that would lead to trillion-dollar lect few in Washington. Americans do was neither timely, targeted, nor tem- deficits and which saddles Americans not want a health care solution that porary—as well as a decision to press with more debt than all the debt we puts bureaucrats in charge of medical forward on several major, controversial had accumulated from George Wash- decisions, delays appointments or di- legislative proposals. If the President’s ington to the present day, combined. minishes the quality of health care budget is fully implemented, it would Hundreds of thousands of American they already receive. double the national debt in just 5 years workers are losing their jobs every Health care is an area where Ameri- and nearly triple it in 10. month. They are concerned that all cans expect the President and Congress Republicans had a different approach. this spending and debt will not just to work together. The divide-and-con- We worked closely with Democrats last slow the economic recovery but make quer approach did not work in 1993, it fall to pass a financial rescue plan it harder to keep or find jobs. These will not work in 2009.

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.001 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4833 Energy is another area where Repub- 108th birthday. He will forever be re- lies signed the Armistice on Nov 11, 1918, but licans have offered and will continue to membered as Kentucky’s last World they hadn’t yet signed the Treaty of offer commonsense solutions. Last War I-era veteran. Versailles. year, even before gas prices hit the Ninety years ago, a teenaged Robley Rex, now one of the last World War I-era vets living in the United States, is a celeb- roof, we proposed a sensible approach Rex landed in France, caring a rifle and rity at Christopher East Nursing Home in of finding more and using less. Repub- wearing a U.S. Army uniform. He was a Louisville and an icon among veterans. In licans are also proposing a dramatic long way from Christian County, KY, 107 years, he has lived through 20 presidents, expansion of nuclear power. This would where he was born in 1901 and raised. two world wars, the Korean conflict, Viet- match the high demand for energy in Wanting to see the world and fight nam, the Persian Gulf and the war in Iraq. the world’s largest economy with a for his country, Robley enlisted in the He has seen a lot of world change in his growing public desire for cleaner, more Fifth, and later the 28th, Infantry Divi- lifetime. sion and was deployed to Europe. After Rex was a Private First Class when his efficient energy sources. ship landed in northwestern France. Word of Health care and energy are just two leaving the Army in 1922, he returned the armistice hadn’t yet reached the trench- of the areas where Republicans will to Kentucky and settled in Louisville, es, so bullets still were flying. His first job continue to offer better ideas in the where he became a postal worker and was guarding German prisoners. Remnants coming months. We hope our friends on ordained Methodist minister. of war were everywhere—in the rubble of the other side are more supportive of Robley was not only the Bluegrass buildings, hundreds of acres of ‘‘torn up’’ these ideas than they have been of our State’s preeminent veteran, he was land and big puddles of green water that re- proposals on the economy. also its preeminent volunteer on behalf minded Rex of gangrene. of veterans. Decades after his own ac- French soldiers told him they would have On this point, it is interesting to lost the war if it weren’t for the Americans. know that just a few weeks ago, Demo- tive service ended, he continued to Back then, military life meant absolute, crats showed strong support on the serve his fellow soldiers by volun- complete obedience. No one questioned au- Senate floor for Republican proposals teering at the Louisville Veterans Af- thority. to protect small businesses and middle- fairs Medical Center, right up until the ‘‘If the corporal told us to pick up some- class taxpayers, as well as a proposal last years of his life. thing on the ground, we picked it up. There to keep the Nation’s debt at a level we The Veterans of Foreign Wars hon- was no need to explain or question why we can manage. They also expressed ored him for over 14,000 hours of service were going to climb a mountain or go to a in 22 years. I was proud to call Robley town,’’ Rex said. ‘‘If the captain said you strong support for a Republican pro- were going, you were going—without any ex- posal that climate change legislation a friend of mine. Our lives intersected planation.’’ not lead to higher gas and electricity a number of times over the last 20 or 30 Most everyone attended religious services. bills. years. A few weeks ago when I was in ‘‘They weren’t mandatory, but if every- Yet these Republican proposals Louisville, I had the pleasure to read a body from Company B was told to be at the which drew such broadspread support wonderful article about Robley in the 8 a.m. service, they were there,’’ Rex said. on the Senate floor just a few weeks Southeast Outlook. On a sad note, the ‘‘We went because we wanted to do the right article mentioned how Robley was thing.’’ ago were, for some reason, taken out of Rex believes that Army coffee must come the final product that came out of the looking forward to his impending from the bark of trees, and that there are no closed conference. birthday. I know a lot of the rest of us atheists in foxholes. Democrats cannot have it both ways. were too. His friends were planning a The faith he’d learned at home carried him Americans are suffering. They are los- special birthday celebration at the through scary times. ‘‘When I was walking ing homes, and they are losing jobs. Louisville VA hospital next month. In- down a road in Germany or in France, and Republicans have offered, and will con- stead, it will be an opportunity to re- the fear would rise up in me, I would say, ‘I tinue to offer, proposals that put the member how much Robley meant to all have no fear for Thou are with me’ from Psalm 23 or Isaiah 41:10, ‘So do not fear, for concern of these ordinary Americans of us. I am with you; do not be dismayed, for I am first: Democrats’ overspending, taxes, As much as we will all miss him, I your God. I will uphold you with my right- and debt. take comfort knowing that Robley is eous right hand.’’’ Massive spending and debt is not the reunited with his beloved wife Gracie, There’s not much Rex doesn’t remember. answer to a recession. A one-party so- who passed away in 1992, after more All the great military heroes of that day lution with no checks and balances is than 60 years of marriage. were in Europe: Dwight Eisenhower, George not the answer for health care. Oppos- Because I wish to share with my col- Patton and John Pershing. ing clean, nuclear power and expanded leagues this article on Robley Rex’s ‘‘The soldier we wanted to see most was Douglas MacArthur. At that time, he was use of other domestic energy sources is long and exciting life, I ask unanimous considered the world’s greatest patriot,’’ Rex not an answer for our energy needs. consent that the full article be printed said. Voting for tax relief before voting in the RECORD. After 21⁄2 months in France, Rex was sent against it is not the way to show the There being no objection, the mate- to Germany with the 3rd Army Intelligence American people you have their best rial was ordered to be printed in the Unit because he had finished two years of economic interests in mind. Repub- RECORD, as follows: high school. licans have not been hesitant to offer [From the Louisville, Kentucky, Southeast He saw destruction—and need. Rex said our strong public support for the new Outlook, Apr. 2, 2009] he’ll never forget seeing German citizens wait for the food the American soldiers administration, and, again, I commend 107-YEAR-OLD ROBLEY REX threw away so they could take it to their the President on his approach to Af- (By Ruth Schenk) own homes. ghanistan and Iraq. But we have not Eighteen-year-old Robley Rex weighed just Rex spent three years in Europe. The re- been hesitant to state our differences 115 pounds when he landed in France at the cruiters were right: He saw people and places clearly. end of World War I carrying an 84-pound he never would have seen if he had stayed in That has been the story of the first pack. Kentucky. 100 days for Senate Republicans and Every soldier had a blanket, a quart of In 1921, Rex returned to the States, was discharged from the Army and settled into will continue to be the story for Senate water, 160 rounds of ammunition, a Spring- field M6 Scout gun and a small khaki-col- civilian life with a job at Marathon Tire in Republicans: Principled support, prin- ored New Testament. His uniform was made Cuyahoga Falls, Ohio. By then, he was 22 cipled opposition, and pragmatic, cre- of a drab olive wool. years old and ready to ‘‘settle down.’’ If the ative solutions to meet the challenges Rex signed up for the Army on May 21, job was good, meeting his wife, Gracie, in the of the day. 1918, a few weeks after his 18th birthday. He Camp Taylor area of Louisville was 100 times f convinced his mom to sign to papers after re- better. cruiters told him it was the ‘‘chance of a life- It was close to love at first sight. TRIBUTE TO ROBLEY REX time’’ and assured the teenager who grew up Rex doesn’t remember where they went on dates, but he says the secret to his long life Mr. MCCONNELL. Mr. President, I on a farm in Christian County, Ky., that he’d is ‘‘marrying the right woman.’’ rise because my State and our country ‘‘see the world, and the world would see a lot of him.’’ According to Rex, Gracie was the best cook have lost one of our last links to a by- Army pay back then was $36 a month. and ‘‘saver’’ in the world. gone era. On Tuesday, April 28, Robley At that time, everybody thought the war ‘‘Grace could walk across the yard, cut off Rex passed away a few days shy of his would end any day. The Germans and the Al- a handful of grass, fry it and it would be

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.002 S29APPT1 smartinez on PROD1PC64 with SENATE S4834 CONGRESSIONAL RECORD — SENATE April 29, 2009 good,’’ he said. ‘‘And she never let us spend His own advisers acknowledge the new $646 billion energy tax that will af- more than we brought home. If I earned budget will put us on an unsustainable fect every American household regard- $10,000, and she said we’d save $2,000, we’d course. It proposes a sweeping change less of income and is estimated to in- save $2,000. If I made $6,000 and she said we of course for the U.S. economy that crease energy costs for every family by should save $2,000, we’d save $2,000.’’ The two only had each other, as they never will shift the balance of power away as much as $3,168 annually. had children. from the private sector toward the It is described as a downpayment, For Rex, that was enough. Federal Government. meaning there is much more to come. Rex began volunteering at the Louisville It is not just the uncharted levels of This tax is touted as a way to curb Veterans Medical Center when he was in his spending and debt; this budget levies greenhouse gas emissions. But it will 80s. His job was to get needed medical higher taxes on every household in the records to the right place in the hospital be- unavoidably tax every economic activ- fore 8 a.m. He continued volunteering until form of a national energy tax and puts ity, since almost every aspect of our 2005, when he was 104 and confined to a taxpayers on the hook to pay for a daily lives requires energy from fossil wheelchair. By then, he had put in 22 years larger and more intrusive Federal Gov- fuels. and more than 14,000 hours. ernment. I recall President Obama telling the He always took time to talk with wounded In other words, this budget spends San Francisco Chronicle that: ‘‘Under veterans. too much, taxes too much, and borrows my plan of a cap-and-trade system, ‘‘Each one has a great story to tell,’’ Rex too much. On spending, President said. ‘‘I’ve heard soldiers tell how they lost electricity rates would necessarily sky- legs and arms in battle, how they were taken Obama has made his proposed new rocket.’’ prisoner and managed to survive horrors of spending sound more palatable by de- Mr. President, how much time do I combat.’’ scribing it as an ‘‘investment’’ that have remaining? His advanced age has not diminished his will pay off by saving us money down The ACTING PRESIDENT pro tem- sense of humor either. the road. pore. The Senator has used 5 minutes. Ask Rex about his best birthday celebra- Most of the new spending, however, is tion and he says, ‘‘The one coming up.’’ Mr. KYL. Economic historian John The hardest thing in Rex’s life wasn’t the for services and programs whose long- Steele Gordon draws a good analogy to war or the Great Depression. term value continues to be debated. an energy tax in the April issue of It was Aug. 24, 1992, the day Gracie died. He Nor is there any intention of cutting Commentary magazine: still tears up when he talks about it, and he spending in the future. This budget ‘‘If passed it will act on the economy still wears his wedding ring with tape wound does not propose one-time investments as a whole exactly the way a governor around it to keep it on his finger. followed by areas of reduced spending. Rex doesn’t think he’s anything special. acts on a steam engine, increasingly Just an ordinary boy from Kentucky who Instead, billions in new outlays will resisting any increase in revolutions served his country. continue indefinitely, meaning the per- per minute,’’ Gordon writes. manent accruement of power in Wash- Mr. MCCONNELL. I know all my col- He continues: leagues join me in honoring the mem- ington. With the supply of licenses to emit carbon Rolling back the Federal Govern- ory of this great patriot and soldier. dioxide fixed, the price of the permits will ment’s reach in the coming years could Through his long lifetime of service, inevitably rise as economic activity picks prove a Sisyphean challenge. Those of up. That means that any increase in overall Robley Rex proved his faith and devo- us in Washington need to keep in mind demand will increase the price of energy. tion to his country. Now his country that families and small businesses, now . . . That will damp down demand. The more will forever be faithful and devoted to more than ever, make sacrifices and the economy tries to speed up the more [this him. tradeoffs in their own budgets. Should tax] will work to prevent it from doing so. I yield the floor. Does this sound like a good idea—es- The ACTING PRESIDENT pro tem- Washington not do the same? pecially in time of recession? pore. The Senator from Arizona is rec- This budget continues business as The budget also lets some of the ex- ognized. usual, making no hard choices about Mr. KYL. Mr. President, I ask unani- how to rein in out-of-control Govern- isting low tax rates expire, thus raising mous consent there be a full hour of ment spending. In fact, the budget is so taxes, which also hurts our economy. morning business as under the previous big that, according to the Heritage We need to keep in mind that our order. Foundation, a quarter of a million new economy is a complex and dynamic The ACTING PRESIDENT pro tem- Federal bureaucrats may be required to force, made up of individuals and fami- pore. Without objection, it is so or- spend it all. lies deciding on how much they want dered. Federal Government employees rep- to save, spend and invest and whether resent the largest group of new jobs to create new jobs or open new busi- f created under this bill. In response to nesses. THE PRESIDENT’S FIRST 100 DAYS concerns about the spending, President Usually, it resists policymakers’ at- Mr. KYL. Mr. President, President Obama has instructed his Cabinet to tempts to manipulate and control it. It Obama’s first 100 days in office make cut $100 million from the budget in the is not a ball of clay that Washington for compelling news stories, but what next 90 days. Wow, $100 million. That can mold any way it wants to and ex- we should focus on is how the first 100 represents just .003 percent of the budg- pect never to encounter adverse re- days will affect our future. This will go et. Let me put it in context. It is hard sults. There are negative consequences down in history as the most expensive to imagine an Arizona family using the to what we do. 100 days for the American people. same math to trim its budget. A typ- We are obviously straying too far Since his inauguration, President ical Arizona family makes $47,215 per from the principle that the purpose of Obama has signed into law $1.19 trillion year. Say they would like a budget taxes is to pay for the costs of govern- in new spending. That is $11.9 billion of similar to the President’s. That means ment in a way that does the least dam- spending for each day he has been in of- their budget would be $71,848 in the age to the economy. Now we are using fice. Those figures do not include the coming year. But they have to cut .003 tax policy to redistribute wealth. How $3.7 trillion budget for next year, a percent. That is $2.05. So they still many activities or services can we now measure now awaiting final action on have a debt of $24,631 to put on the fam- think of that the Government does not the Senate floor. ily credit card. Unsustainable. tax or is not aiming to tax? The Congressional Budget Office esti- No family would decide to do this. It Finally, there is the matter of bor- mates that if this budget is passed and would not put them on a course for fu- rowing too much, the debt and the def- signed into law, by 2019, the public debt ture prosperity. We need to cut a lot icit. In 5 years this budget will double will reach 82.4 percent of our gross do- more than that .003 for this budget to the public debt; in 10 years it will tri- mestic product. That means more new be fiscally sustainable. ple the public debt. That is why we can debt will be created under this one On the matter of taxes, the President say that just this one budget accumu- budget than all the combined debt cre- has said he will cut taxes for 95 percent lates more debt than every President of ated by all the previous 43 Presidents, of Americans. But his budget would the United States combined previous to all the way back to President George raise taxes by $1.4 trillion over the now. The Congressional Budget Office Washington. next 10 years. It would implement a projects that the President’s budget

VerDate Nov 24 2008 01:43 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.004 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4835 will accumulate $9.2 trillion in deficits. about it. He warned more than any- bank president, who will be on the That would raise the debt held by the thing about something he called ‘‘the boards, who will get the loans, perhaps, public to an astonishing 82.4 percent of tyranny of the majority.’’ That was his and for what purposes the loans could GDP in the year 2019. worry about the American democracy. be used. My colleague, Senator MCCAIN, told We now have finished 100 days for a Isn’t that the kind of thing that got us during the campaign that spending popular new President. He has pre- us into trouble in the first place, politi- and deficits are two sides of the same sented a blueprint for the country that cians in Washington telling banks to coin; that President Obama’s spending is dramatically different from what we loan money to people who could not af- promises would raise deficits to had before. ford to pay it back? This too much gov- unsustainable levels and that huge tax Yesterday, a member of our Repub- ernment in the first 100 days is not just hikes, and not just for the wealthy, lican side moved his desk to the other the result of the recession in which we would be required to pay for it all. side potentially giving that side of the find ourselves. This is not a crowd that Even the President’s Office of Manage- aisle 60 votes and raising the prospect believes if you can find it in the yellow ment and Budget Director Peter Orszag that we would have no check and bal- pages, the Government should not be has confirmed what Senator MCCAIN ance on one-party rule, the genuine doing it. This is a deliberate choice of said all along: These levels of spending risk of what de Tocqueville called the more Government. and deficits will not be sustainable. tyranny of the majority. So the ques- As in the case of student loans, the Let me quote an editorial comment tion arises, what is the blueprint for first proposal from the President was from the Washington Post recently: this popular new President, and is it that we take the amount of Pell grants President Obama’s budget plan would have the kind of change we really want? and add that to the automatic spending the government spending more than 23 per- All of us can point to something, as in the budget, adding another $117 bil- cent of gross domestic product throughout the Republican leader did, to Afghani- lion to the automatic spending over 10 the second half of this decade while col- stan and Iraq, of which we approve. I years. This is something that could lecting less than 19 percent of revenue. could point to the Secretary of Edu- bankrupt our country and it didn’t fly. Is this the legacy we want to leave cation, Arne Duncan and his focus on But there is another proposal, which is the next generation, unprecedented paying teachers more for teaching well still out there. That would take the en- debt? and encouraging charter schools, some- tire student loan program and cancel On this side of the aisle the answer to thing I greatly support. But both the the choices that students have, create that question is no. That is why we are Senator from Arizona and the Senator a big new bank, a half-trillion-dollar concerned about the effect of the past from Kentucky have pointed out that bank, and have the Department of Edu- 100 days on our country’s future. the blueprint presented by our new cation make all the loans. That is a And we can’t forget the finance President has too much spending, too massive takeover by the Government. charges. By 2014, the interest on the much taxing, and too much debt. Twelve million students today choose national debt will be the largest single Especially striking to me is the idea to get their loans from private lenders. expenditure in the budget, more than that we would have, in the 10th year of There are 2,000 of those loaning money we’ll spend on education, on the President’s budget proposal, $800 to students who choose to attend Nash- healthcare, on national security. billion in interest to pay, which is ville Auto Diesel College or Harvard or This excessive borrowing also in- more than we would be spending on de- Princeton, where the Senator from creases our dependence on creditors in fense that year, eight times as much as Missouri was an outstanding student. countries such as China and Russia. the Federal Government would spend There are 4,400 campuses that offer this Other countries now hold more than on education that year, and eight choice. The proposal would be to create half of America’s total publicly held times as much as it would spend on a big, new, half-trillion-dollar bank debt. As Senator BAYH pointed out in a housing, $800 billion of interest to pay that would take all of that over, that recent Wall Street Journal column, just on the debt. would make $75 billion of loans in a when other countries hold a large Yet there is another part of this blue- year. It would make the promising new amount of our debt they also have le- print that worries me, and that is too Education Secretary a candidate for verage to influence our currency, much government. We read that now banker of the year instead of Secretary trade, and national security policies. our Government, through taxpayers, of the year. It would cause Andrew All of us share the goal of getting the owns half of our largest automobile Jackson, who fought against the na- economy back on track. We need a companies. tional bank in his day, to roll over in budget that meets the test of fiscal re- In an interview I heard the Environ- his grave at what his party is doing. It sponsibility. This budget does not. mental Protection Agency Adminis- would be Congressmen playing a trick Moreover, it contradict’s the Presi- trator say automakers are waiting for on students because the end result dent’s campaign promises for a net the Government to tell them what kind would be saying: We are going to bor- spending reduction and no tax in- of car they ought to build. Already the row the money, the U.S. Department of creases for 95 percent of Americans. President has fired the President of our Education, at one-quarter of 1 percent, The unprecedented amounts of spend- largest auto company and our Govern- and we are going to lend it to you at 6.8 ing, taxing, and borrowing are sure to ment is telling the company who percent. Then we will turn around and hinder an economic recovery. should be on the boards. I suppose it give aid to other people that you stu- As President Reagan said: Facts are will be saying also what plants should dents are paying for, and we Congress- stubborn things. We have seen through- be kept open or closed and what people men will take the credit. out our country’s history that increas- should be paid. That is quite a bit of I don’t think students will like that. ing taxes and introducing new regula- government. Or banks, instead of ask- It is all in the name of $94 billion in tion during a recession has never led to ing the Congress at the beginning of savings, but that is exaggerated be- economic growth. Why would this time January for a $1 trillion line of credit cause the Government already admits be any different? Right now we should so we could get the toxic assets out of that it will cost $25 or $30 billion at be working on growing our economy, banks and get credit flowing again, so least for the Government to manage not growing the Federal Government. jobs would come back and housing the program, and I can’t believe the The ACTING PRESIDENT pro tem- prices would stabilize, this new admin- Government is a better manager of a pore. The Senator from Tennessee. istration spent $1 trillion, a breath- bank making 15 million loans a year f taking, unimaginable amount of than banks that are set up to do that. money, adding it to the debt. What If the subsidy is too high, lower it; TYRANNY OF THE MAJORITY about the banks? Well, we are going to don’t cancel the program. That is the Mr. ALEXANDER. Mr. President, in own the banks or at least be the major direction in which we are going. This is the early 1800s, a perceptive young shareholder in many of the biggest an administration with a blueprint for Frenchman came to America, Alexis de banks in the world. Again, that means a different kind of American future. Tocqueville. He marveled at our new politicians and regulators in Wash- But it is not the kind of American fu- democracy. He wrote a classic book ington will be deciding who will be the ture that Abraham Lincoln saw for the

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.005 S29APPT1 smartinez on PROD1PC64 with SENATE S4836 CONGRESSIONAL RECORD — SENATE April 29, 2009 Federal Government. In the first years al-Qaida and other terrorists in the Af- national security policy decided for the of President Lincoln’s administration, ghanistan-Pakistan region. President purpose of appeasing the ACLU and he not only was involved in the Civil Obama took appropriate measures, I many in the leftwing. War, but he and the Congress passed believe, to prepare for the North Ko- Another national security policy de- the Homestead Act and the Land Grant rean missile launch. cided for the benefit of the ACLU—and Colleges Act and the Transcontinental Over the last few weeks the Obama at their request even—was the Presi- Railroad Act. They conferred opportu- administration has faltered. Now we dent’s decision to release memos on the nities on Americans everywhere, and are seeing some national security deci- CIA’s terrorist interrogation program. then the Americans used their own sions made on what I fear is politics, While the ACLU was in favor of re- elbow grease to make things happen. not on what is in the best interest of leasing these memos, President This administration, this 100 days, is the American people. Obama’s own CIA Director and the four a command-and-control type of admin- Just look at the recent examples. previous CIA Directors all opposed this istration, with regulators and politi- The President has decided to close our foolhardy decision. The decision is a cians running the banks, running the terrorist detainee facility with no serious blow to our terror fighters and, auto companies, and nationalizing stu- backup plan. He has decided to release even worse, to their ability to obtain dent loans. It is an opportunity to have CIA memos on highly classified ter- the intelligence we need to prevent an- a new blueprint of a kind we haven’t rorist detention programs. Now he other 9/11. seen before, not one that confers oppor- plans to release photos of alleged de- The release of these memos sends a tunities but a planned America with tainee abuse. chilling message to our intelligence less freedom, with fewer choices, fewer First, let’s talk about the President’s community: The CIA better change opportunities, a society planned and decision to close our terrorist detainee their mission to ‘‘CYA’’ because their run by Washington regulators and poli- facility with no backup plan. The facil- Government is not going to stand be- ticians that our children and grand- ity at Guantanamo Bay, or Gitmo, hind them. children cannot afford, not a society doesn’t house middle-of-the-road, No intelligence operator can feel safe that confers opportunities and choices white-collar criminals. Instead this that the legal guidance they are given for the people. terrorist detention facility houses or the orders they follow from superi- In addition, there is the prospect of deadly combatants who in the past, ors can be counted on to last beyond a no check and balance on one-party rule when released, have gone back on the single administration. This means our which risks what the perceptive young battlefield to kill Americans. Don’t intelligence operators will be worrying Frenchman, Alexis de Tocqueville, said take my word for it. The Department about protecting their hides, not their in the early 1800s was the greatest of Defense has confirmed that at least national security mission. threat to the new American democracy 18 detainees who were released from Former CIA Director General Hayden when he warned about the tyranny of Gitmo have gone back to the fight. The and former Attorney General Michael the majority. Pentagon suspects another 43 of doing Mukasey called President Obama’s de- I yield the floor. the same. cision a step in the weakening of our The ACTING PRESIDENT pro tem- Despite confirmation that Gitmo de- intelligence gathering. Regretably, I pore. The Senator from Missouri. tainees have gone back to the battle- could not agree more. This f field to kill Americans, President politicization and weakening of our in- Obama has decided to close Gitmo with telligence gathering could result in a NATIONAL SECURITY GRADE no plan on what to do with these ter- retreat to the pre-9/11 mentality that Mr. BOND. Mr. President, today rorists. led to the tragic intelligence failures marks day 100 on the job for the Obama The President also has no plan to that ultimately cost the lives of more administration. Many in the media and deal with new terrorists who are cap- than 3,000 innocent Americans. commentators will be grading the tured on the battlefield. Where does he In addition to weakening our intel- President on his leadership and policy plan to detain them? Does he plan on ligence gathering, the release of the in- decisions. As vice chairman of the Sen- telling our troops to release them so terrogation program limitations and ate Intelligence Committee, I am most they can go on killing Americans? This their operating guidelines ties the concerned about what is shaping up to is one of the scariest of Obama’s hands of our terror fighters. During his be the President’s failing strategy in ‘‘ready, fire, aim’’ national security confirmation hearing, President national security policy. Unfortu- strategy points. Obama’s own CIA Director purposefully nately, the Obama administration’s na- I can tell you this: Missourians in my left open the door to future use of in- tional security policy appears to be in State, and I believe people in most terrogation techniques in an enhanced disarray. While the administration is States, will not stand for importing fashion for the high-value detainees busy trying to decide who from the pre- terrorists such as 9/11 mastermind who are believed to have vital informa- vious administration, which kept us Khalid Shaikh Mohammed to their tion who will not talk under normal safe from attacks since 9/11, they neighborhoods. They surely do not questioning. should prosecute for those efforts, they want a bunch of them housed in secure But now that President Obama has don’t understand that as far as the facilities in their community because officially given al-Qaida the playbook, American people are concerned, they al-Qaida has a nasty tendency to he has made any future use of these are the ones on trial now. The Presi- launch massive attacks on detention techniques ineffective. He has also told dent and his team have to answer how facilities to release their brethren. the terrorists that if they, in the they are going to protect the American Like me, Missourians and all Ameri- course of trying to kill Americans, are people. What are they not going to do? cans are still waiting for Obama to captured, they have nothing to fear. What will they do that will be success- make the case that his decision to re- They will not be subjected to any more ful? lease the detainees at Gitmo is in our harsh or coercive tactics than we have Don’t get me wrong. The President country’s national security interest. subjected hundreds of thousands of has some high points when it comes to The President has failed to make the Americans who have volunteered to be national security, and I applaud him case that the release of these terrorist marines, SEALs or pilots. for those. On some very important detainees will make us safer. The It is hard to imagine that this admin- issues, campaign rhetoric has met na- President has failed to make the case istration could make this situation tional security realities. To date the that the release of these terrorist de- even worse, but last week President President has shunned the advice of tainees will not pose a threat to Ameri- Obama managed it. After his decision Code Pink and others and stayed the cans. to release the CIA memos, the Presi- course in Iraq. As several of my col- It is clear that without having a plan dent went to Langley and told employ- leagues have said, his initial rollout to deal with the current and new ter- ees: steps of a new strategy for Afghanistan rorists currently at Gitmo, President Don’t be discouraged that we have to and Pakistan are in the right direction, Obama’s decision was not in our Na- admit that we’ve made some mistakes and and he has continued strikes against tion’s best interest. Instead, this was a then move forward.

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.006 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4837 In these few words, President Obama think everyone knows this, but let me PROMISE OF A BETTER LIFE provided valuable propaganda to the lay out the details. Mr. BENNET. Mr. President, today terrorists. He told our enemies that First, the Director of National Intel- we celebrate the first 100 days of our our intelligence operators were wrong ligence, Admiral Blair, in a letter to new President’s administration. It has in what they did, an admission that the intelligence community, said the been somewhat less remarked upon, will be seized upon by our enemies to interrogations provided ‘‘high value in- but this week also happens to mark my fuel the hatred of Americans. Is it any formation’’ and gave the U.S. Govern- first 100 days in office. surprise that the morale at the CIA has ment a ‘‘deeper understanding of the al Together, we have done important been severely damaged? Our terror Qaeda organization that was attacking work in these 100 days. We have taken fighters need to know whether the this country.’’ Blair also detailed how decisive action to get our economy President has their back or will stab Congress was repeatedly briefed on the moving again. We have provided better them in the back. program. But in the public statement access to health care for our children. Unfortunately, the President com- which had to go through White House We have made the workplace fairer for pletely disregarded the damage his de- clearance, these details were left out. women. cision would have on the CIA. He com- Next: The White House releases the For me, these 100 days have provided pletely disregarded the damage his de- memos that describe in detail the in- a remarkable opportunity to listen to cision would have on our ability to get terrogation techniques that were used. Coloradans. In dozens of townhall the intelligence we need to stop ter- But missing—in fact, I assume purpose- meetings, in each and every corner of rorist attacks. He completely dis- fully redacted—is the information on the State, in cities and small towns, in regarded the ammo his decision would the lifesaving intelligence we received good weather and bad, I have listened give the terrorists bent on our destruc- from these interrogations. to thousands of Coloradans—young and tion. Instead of these critical national Also, President Obama—and many old, Republicans, Democrats, and Inde- security concerns, the President’s deci- Democrats in Congress—supported the pendents, teachers, nurses, farmers, sion was a political one aimed at ap- release of the CIA memos but are now workers, ranchers, and small business peasing the far leftwing. opposing the release of information on owners, people from all walks of life The President even tried to claim what Members of Congress were briefed with every conceivable point of view. that the ACLU’s Freedom of Informa- on the program. I have been struck by how much—de- tion Act request made the release of Now, let me get this straight. So the spite the trials we face at this moment these memos necessary. But the first facts about our interrogation program in our history and despite whatever exemption under the law is for ‘‘classi- of terrorists—how we do it, and the disagreements we might have—more fied secret matters or national defense strict limits on it to avoid torture—are than anything the people of Colorado or foreign policy.’’ The memos on the fair game for release, but who and what long to build a better future for the CIA terrorist interrogation program Congress was told needs to remain se- next generation. certainly meet those definitions. At cret? America has always embraced the the very least, President Obama should I think the President’s advisers got it promise of a better life for our chil- have made that argument in court. In- wrong. You see, it is not supposed to be dren. stead, he handed over a victory—not cherry-picking time in Washington My family’s story is no different. for national security but for the ACLU. today. Unfortunately, the Obama ad- After their lives were shattered by While many in the media are getting ministration is not above politicizing World War II, my grandparents set mired in the details of each of these intelligence. their sights on Franklin Roosevelt’s bad decisions, the bigger question is Message to the administration: Get a America as the one place they could re- this: What is this administration’s new calendar. The election is over. build their lives. And it was. strategy for confronting the terrorist With victory comes responsibility. It is My mother had even more opportuni- threat and keeping America safe? The now up to the Obama administration to ties than my grandparents dreamed, world did not suddenly become safer keep our Nation safe. You are in charge and she and my father were able to cre- when President Obama was elected. of protecting the American people and ate a better life for me, my brother, Instead of telling Americans the stopping terror attacks—I pray with and my sister. Since our founding, gen- strategy to keep our Nation safe, the the same success the previous adminis- eration after generation, we have latest Obama administration move has tration did every day since 9/11. worked to form a more perfect union, been staging costly glamour shots of always fulfilling the promise of a bet- While President Obama failed the na- Air Force One. I am not sure if every- ter life for those who come after us. tional security test at the 100th day body has heard about this stunt, but Yet now that promise is in question. mark, the final grade is not in yet. It earlier this week the White House de- I am here today as the father of three is up to the President to choose our cided to update their photos of Air young daughters of my own—Caroline, terror fighters over terrorists, to Force One—only they chose to take the Halina, and Anne. I think of them and choose troops over ACLU lawyers, to photos of the jet at the Statue of Lib- worry that we are at risk of being the choose national security over politics. erty with a fighter jet escort. first generation of Americans to have Across downtown Manhattan—where Protecting our families from ter- less opportunity than we ourselves the Twin Towers once stood—New rorist attacks should not be a political were given. Yorkers were panicking. Thousands issue, it is an American one. Our economy is in turmoil; 5.1 mil- fled New York skyscrapers. You see, Mr. President, I thank the Chair and lion Americans have lost their jobs New Yorkers were not told this glam- yield the floor. since the beginning of this crisis, and our shot was going to happen. After The ACTING PRESIDENT pro tem- our unemployment rate is at 8.5 per- living through the horrors of the Sep- pore. The Senator from Colorado is rec- cent and rising. Between 2000 and 2007, tember 11 attacks, New Yorkers, of ognized. median family income in this country course, feared that another attack was Mr. BENNET. Mr. President, I ask actually declined by over $300. At the happening. And 9/11 was fresh in their unanimous consent that the remaining same time, the cost of health care rose memories. Republican time be reserved. by nearly 80 percent and the cost of While the Obama administration The ACTING PRESIDENT pro tem- higher education by roughly 60 percent. tried to shrug off this incident, I think pore. The minority time has expired. The gulf between rich and poor has it is telling. This stunt is a symbol of Mr. BENNET. Mr. President, I be- gotten wider. Americans are now less how far from their minds the attacks lieve I have 25 minutes. I would appre- likely than people living in a number of 9/11 are. ciate it if you would let me know when of other industrialized countries to im- In addition to the administration’s I have 5 minutes remaining. prove their economic status in their glamour shot stunt, President Obama’s The ACTING PRESIDENT pro tem- lifetime. As many as 100 million Amer- advisers have been busy releasing clas- pore. The Chair will do so. icans now live in families earning less sified information that only tells the Mr. BENNET. Thank you, Mr. Presi- in real terms than their parents did at side of the story they want to share. I dent. the same age.

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.008 S29APPT1 smartinez on PROD1PC64 with SENATE S4838 CONGRESSIONAL RECORD — SENATE April 29, 2009 This crisis stemmed from much more in-2 chance of graduating from high change what is unfair and fundamen- than foreclosed houses and credit school, and a 1-in-10 chance of finishing tally unjust. swaps. It is a symptom of this genera- college. Despite many efforts to close We can do better, and we will do bet- tion’s lack of attention to the legacy of our stubborn achievement gap, a report ter. In Denver we have made progress. our grandparents who built for the fu- released yesterday shows we have made From 2005 to 2008, Denver students ture. Now we must ask ourselves who almost no progress. How can we as scored higher in reading, math, writ- we will be as a country when we Americans accept this reality, espe- ing, and science. We did not get there emerge from this crisis. Will we answer cially when none of us here would ac- by doing things the same way as they the call of this time or will we fall cept these odds for our own children? had been done before. We closed failing back on the same tired arguments of These are our children too. schools and opened new ones. We im- the past? There are teachers throughout the plemented a groundbreaking teacher This time demands that we cast our country who have rejected the defeat- pay system that rewards teachers who eyes to the future, that we take a 21st ism that too many of us have accepted improve their students’ performance century approach to meet our 21st cen- for our schools. They have come in and provides incentives for teachers to tury challenges and seize our 21st cen- early and stayed late. They have vis- go to the neediest schools. We accom- tury opportunities. With President ited their students’ houses and bought plished this change by working with Obama’s leadership and our resilient school supplies out of their own pock- the union. It took a lot of effort. We American spirit, we can emerge from ets. They have expected more from had a lot of disagreements, but we this crisis stronger and truer to our their students than their students made progress together because of a creed than when we entered it. knew to expect from themselves. Yet fundamental commitment by all of us Each generation of Americans with too many of us have accepted the exist- to get the job done, not just score po- hope for their children has coura- ing odds, considering them a natural litical points. geously shed old ways of thinking and, consequence of poverty. At the same With the leadership of our mayor and on their behalf, reached out to new time, we have entered into tiresome de- our city council, voters expanded our ideas. We are no different. We, too, bates—debates that take ideology seri- early childhood education. As a result, must be willing to abandon our com- ously and the fates of our children this year there are 1,500 more 4-year- mitments to the weary forms of the lightly. olds in full day programs, a 300-percent past and attend to the future. That is Children’s futures have been wasted increase. We increased full-day kinder- our cause. while adults have endlessly debated garten by 25 percent, so that for the We have to address critical struc- techniques for assessing failing schools first time more than 95 percent of our tural issues stifling our economy and instead of changing or closing schools 5-year-olds have the benefit of a full threatening our children’s opportuni- that are obviously failing on every di- day of school. Research tells us there is ties. We need to pursue comprehensive mension that can be assessed. We have no smarter investment we can make. financial reform that will prevent the debated modest and incremental re- In 2008, we launched a school per- kind of recklessness that got us into forms instead of doing the hard work of formance framework that measures the this mess. We have a rising deficit, and identifying successful school structures progress of actual students year over we must bring discipline to our budg- and human capital strategies and tak- year throughout their career, rather ets, even as we invest in the future. We ing them to scale. We have been stuck than meaningless measurement of one have a unique opportunity this year to debating whether teachers should be year’s class against the next year’s drastically reform our health care sys- paid more based on merit, while rough- class. tem and control its skyrocketing costs, ly half of our teachers quit in the first We still have work to do in Denver. and we must seize it. It is time to in- 5 years of their career. A narrow, small There is still a long way to go before vest in the new energy economy and politics has allowed us to duck ever these reforms materially change the break our dependence on foreign oil. making real choices about anything, odds for our students, but we are mov- If we are going to emerge from this and it has, failure after failure, shriv- ing in the right direction. In other dis- economic crisis and succeed in the long eled our shared ambition for America’s tricts we will see similar success if we run, we must fundamentally change children. As long as we have these support reform efforts that work. public education in this country. same conversations, today’s 9-year-olds Our job in the Senate should be to Throughout our history, public schools will see their younger brothers and sis- help the administration spur innova- have allowed America to make good on ters enter fourth grade with the same tion and identify and expand what her promise to the next generation. low odds of graduating from college works. I look forward to working with Our schools propelled our children to- they have, just as they saw their older our Education Secretary, Arne Duncan, ward their parents’ aspirations and brothers and sisters face the same my colleagues here—and I notice our prepared them to rise to the challenges odds, generation after generation. former Education Secretary, the Sen- of their times. When I took over as the super- ator from Tennessee, is here today, and If we are honest with ourselves, we intendent for Denver public schools, in I am glad that he is here—my col- see that our public schools too often a school district of 75,000 children, only leagues here, as well as parents, teach- become traps—traps that perpetuate a 33 African-American students and 61 ers, students, and community members cycle of poverty and foster mediocrity. Latino students—fewer than four class- in Colorado to support innovative solu- Our children—my girls and millions of rooms worth of kids—scored proficient tions to the problems plaguing our others like them—are attending on the State’s tenth grade math test, a schools. schools that were built to prepare their test that measures a junior high school Our commitment to our children and grandparents for an economy that no standard of proficiency in Europe. grandchildren requires that we hold longer exists. Our public education sys- Spending time with our students and ourselves to a higher standard than we tem, as designed, does not work well their families in Denver, I was struck have in the past. This is not a time to enough for all children in this country, not by their fragility but by their resil- spend new money on old programs or to and for our poorest children barely ience. Their parents—like many before timidly attempt changes that have al- works at all. them—had made tremendous sacrifices ready failed too many of our children. Across America, 1.2 million children to provide their children with greater Now is the time to reimagine our drop out of high school each year. opportunity. The students I knew were schools as magnets for talent, centers Globally, we rank 20th among industri- willing to work harder and stay in for communities, and incubators of in- alized nations for high school gradua- school longer. We were selling them novation. Only then can we ensure that tion rates. Forty years ago we were short. our students are getting the 21st cen- first. Seventy percent of our country’s I joined the Denver public schools tury skills that will equip them for the eighth graders can’t read at grade with kind of an abstract understanding new economy. level. On average, a 9-year-old from a that what was happening in our schools We must do the same for our teach- low-income family is already 3 years was unfair. My experience there left ers. As President Obama said yester- behind their high income peers, has a 1- me with a profound sense of urgency to day:

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.009 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4839 In a global economy where the greatest job tury, we should do so in conversation with which to do it. The stimulus pack- qualification isn’t what you can do but what with business and labor to inform our age and the budget are working in tan- you know, our teachers are the key to our efforts about what skills the market dem to increase access to early child- Nation’s success; to whether America will hood education. States and districts lead the world in the discoveries and the in- will require. Competitive workers must novations and economic prosperity of this be problem solvers, not just test tak- are competing with one another to new century. ers. They must be able to think criti- build on their efforts to revamp stand- Study after study has shown that cally and communicate effectively in ards and turn around failing schools. nothing makes a greater difference to multiple mediums. Students won’t There are additional resources to re- student learning than great teaching. need to write cursive; they will need to duce high school dropout rates and in- We need to support effective teachers know how to use technology to solve crease college graduation rates. and make sure they stay in the class- tough problems. They don’t need only If we continue to spark this kind of room. That means creating school en- to memorize facts; they need to under- innovation, if we can allow ourselves to vironments where teachers and stu- stand how to filter and use the infor- think big again about education, we dents want to spend time, and it means mation at their fingertips. can start to imagine school buildings restructuring our schools and our We need updated standards that re- as prototypes for energy efficiency and school calendar so that teachers have flect these 21st century skills. We classrooms as job training centers for time to plan together and learn from should invite States to embrace vol- the new energy economy—preparing each other. Also, we need to pay teach- untary national standards, parents and students alike. School- ers in ways that reward their success benchmarked against international based health care can advance from one and provide incentives for them to stay norms that allow the public to see the nurse stretched between multiple in the profession. More fundamentally, progress students are actually making schools to clinics that are leaders in ef- we need to recognize that our system from year to year. We need an accurate ficient health care. School lunches can of hiring, compensation, and training measuring system so that we know progress from packaged feedings in the designed deep in the last century, is ut- when reforms are working and when cafeteria to live lessons on nutrition terly inadequate for 21st century labor students are achieving. We need to en- and wellness. In sum, our schools can market realities. In 1960, a gallon of sure that the tests we give kids ask become what they should be: the insti- gas cost 30 cents. Elvis and the Everly them to deploy the knowledge and tutions that are preparing our children Brothers were at the top of the charts. skills they have, rather than dem- and their children to lead in the 21st A first-year lawyer earned about the onstrate their ability to take a test. century. Our cause is clear. It is time for poli- same as a first-year teacher, and And we must ensure that when we do cies that serve not the ideologies of women had basically two professional give students tests, teachers get the re- adults but the needs of kids. I will be choices: becoming a nurse or going into sults in time to use them to drive their the classroom. In 2009, as nation after working in the coming months to de- instruction. velop legislation that will outline ways nation moves past us in educational But our tests shouldn’t be the sole in which the Federal Government can achievement, we are kidding ourselves driver of our instruction. We should better support our States and school if we think a teacher recruitment and look beyond the narrow window of districts in providing a public edu- retention plan that came in when the standardized test scores, to parent and cation that meets the challenges and Hula Hoop went out—and effectively community engagement and student subsidized our schools by limiting possibilities of our times. retention rates. We should expand I look forward to working with my women’s opportunities—is a serious re- learning opportunities to start earlier, sponse to America’s needs. colleagues on both sides of the aisle, as be broader in scope, and beckon every- well as with parents, teachers, stu- We must invest in proven training one in the community. that equips teachers with the content, dents, and community leaders across Our schools should become centers Colorado to ensure that we do our part knowledge, and classroom management where communities gather for skills skills to be successful in helping their to increase opportunity for our chil- and services. Schools are uniquely posi- dren. We will know we have succeeded students, and we need to ensure that tioned to deliver health and support we provide ongoing, high-quality pro- when we see not only more students services. Research shows a statistical fessional development that actually graduating high school but more of link between nutrition and achieve- helps them do a better job in the class- those graduates going on to complete ment for all students. We need to look room; otherwise, we risk losing our college as well. We will not only see at nutrition in schools not as some- best teachers. the achievement gap shrink, but we We need to expand alternative pipe- thing extra but as central to student will see the United States once again lines for teachers, to enhance the tradi- success. lead the world in academic achieve- tional pathways we already have. Our schools should be on the cutting ment. President Obama has called on the Na- edge of using new technology for both We are lucky. In our time, history is tion to create a new army of teachers. teaching and learning. Technology can once again beginning to run in the di- We must recruit a diverse, excellent, connect students to resources and rection of change. We have the chance and committed group of Americans to teachers to each other. Effective use of to honor our grandparents’ example teach our children. The talent is all technology can allow a teacher in a and move forward together to create a around us—in the veterans returning rural area to get feedback from a men- better future for our children. If we do, from Iraq and Afghanistan, the baby tor elsewhere. We should be using tech- those children and their children will boomers who have spent their careers nology to disseminate effective prac- say we rose to the moment, that we running successful businesses or work- tices and share great lesson plans. We laid down our adult burdens and our ing in manufacturing or medicine or can look to technology to help train differences to lift up our country and law, and the college graduates looking teachers in new ways by simulating our children instead. Let them say that to find a rewarding vocation—all of classroom experiences and delivering a spark flew in America in this new whom can inspire and challenge our real-time feedback on lesson plans. century that ignited a generation of students to become the engineers who There is something wrong when stu- educators, children, parents, and com- will build green cities, the doctors who dents who enter the schoolhouse find munities and gave them courage to will cure cancer, and the entrepreneurs they are moving backwards in time, abandon the status quo for a better fu- who will start businesses we can’t yet leaving behind all the technology that ture. Let our schools once again be the even imagine. As we open the profes- in the rest of their day expands and en- cradle of the American dream and act sion to allow talented and committed riches their lives. to fulfill the solemn promise of one people to become teachers, we must While we know we can’t fix our generation to the next. have rigorous selection for every spot schools by spending more money on the Thank you, Mr. President. I yield the in front of a class, and replicate effec- same inadequate programs, we must floor. tive training for new teachers. commit to funding what works in our The ACTING PRESIDENT pro tem- As we work with States and districts schools. We now have the largest in- pore. The Senator from Tennessee is to redesign our schools for the 21st cen- vestment in public education in history recognized.

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.010 S29APPT1 smartinez on PROD1PC64 with SENATE S4840 CONGRESSIONAL RECORD — SENATE April 29, 2009 Mr. ALEXANDER. Mr. President, I swers. I think the Education Secretary Mr. CONRAD. Mr. President, I ask ask unanimous consent to speak for a is perfectly positioned to carry on the unanimous consent that the order for couple of minutes to comment on Sen- work that needs to be done. I look for- the quorum call be rescinded. ator BENNET’s speech. ward to working with the Senator, and The PRESIDING OFFICER. Without The ACTING PRESIDENT pro tem- I appreciate him enduring my speech. objection, it is so ordered. pore. Without objection, it is so or- I yield the floor, and I suggest the ab- Mr. CONRAD. Mr. President, I ask dered. sence of a quorum. unanimous consent that all time under f The ACTING PRESIDENT pro tem- morning business be yielded back and pore. The clerk will call the roll. the Senate now begin consideration of SENATOR BENNET’S MAIDEN The assistant bill clerk proceeded to the conference report on the budget. SPEECH call the roll. The PRESIDING OFFICER. Without Mr. ALEXANDER. Mr. President, I Mr. UDALL of New Mexico. Mr. objection, it is so ordered. congratulate the Senator from Colo- President, I ask unanimous consent f rado on what we call in the Senate his that the order for the quorum call be maiden address. I also had the privilege rescinded. CONCLUSION OF MORNING of hearing Senator UDALL’s speech The PRESIDING OFFICER (Mr. BEN- BUSINESS when he made his on renewable energy. NET). Without objection, it is so or- The PRESIDING OFFICER. Morning I was glad to hear these today. dered. business is now closed. The Senator from Colorado has fo- Mr. UDALL of New Mexico. Mr. f cused on a subject he has worked on President, I also had the opportunity CONCURRENT RESOLUTION ON hard and which is central to every part to be here presiding in the chair to THE BUDGET FOR FISCAL YEAR of our ability to improve our schools. hear the Senator from Colorado in his 2010—CONFERENCE REPORT It is one recognized by our new Edu- maiden speech. I want to congratulate cation Secretary who, I think, is Presi- him and tell him he has done an excel- The PRESIDING OFFICER. Under dent Obama’s best new appointee. It is lent job in the Senate, as I have ob- the previous order, the Senate will the question of how do we reward out- served him over the last 100 days. begin debate on the conference report standing teaching. I think Senator BENNET has hit on an to accompany S. Res. 13. Every time we deal with education, issue that is important to all of us. If The Senator from North Dakota is we are ultimately reminded that it we are going to move forward as a na- recognized. boils down to the parent and the teach- tion, we are going to have to do it by Mr. CONRAD. Mr. President, I also er. What the parent cannot do, the focusing on education. It is heartening want to recognize the excellent first teacher has to step in and finish. In so to see that we have a President, Presi- speech that the Senator from Colorado many cases, whether it is a gifted child dent Barack Obama, who cares about just gave. I had a chance to hear part or a child who hasn’t been read to at education with the same passion, I be- of it on the Senate floor and part of it home or a child with disabilities or a lieve, the Senator from Colorado has. in the cloakroom. We welcome him. If child who needs a music lesson, it One of the things the Senator from his first speech is any measure, he is takes a gifted teacher to do the best Colorado noted is that we have to focus going to make a significant contribu- job to help the child reach his or her on teachers. He talked about a com- tion. So we are delighted to have some- potential. prehensive approach, an approach to body of his thoughtfulness and quality We are still, as the Senator said, 50 education that is going to move us for- as part of this body. or 60 or 70 years behind in recognizing ward in the 21st century. Teachers Mr. President, the Senate now begins that our country has changed and that have to be a big part of it. Parents consideration of the conference agree- women have many opportunities out- have to be a big part of it. As the Sen- ment on the budget for 2010. I think we side the home. We cannot trap them ator from Colorado noted, based on his have to see this budget in its context. into teaching. We need to attract them work in Denver and in chairing the We have to understand what this ad- and keep them, as well as outstanding Denver education effort, if parents ministration has inherited from the men. aren’t involved, we are not going to be previous administration. To be clear, it Senator BENNET has been successful able to move forward. is a colossal mess—the worst recession in his work in Denver and in finding In addition, one of the big things since the Great Depression, a doubling ways to initiate that. The Secretary Senator BENNET knows is, this No of debt under the previous administra- wants to do that. I worked on that in Child Left Behind law needs to be re- tion, and a more than tripling of for- Tennessee. I have said to the Secretary vamped. It is not doing right by our eign holdings of U.S. debt. of Education if he leaves after 4 or 8 children. We have to take a look at I try to suppress partisanship in my years having left a legacy of many dif- that piece of legislation with the ideas discussions on the Senate floor, but it ferent ways of improving ways to re- that he mentioned and make sure we is impossible to overlook the record of ward outstanding teaching, he will put into place a piece of legislation and the previous administration. They have have done more than all of the other a reauthorization that is going to em- slammed this economy into the ditch. secretaries of education put together. power our teachers and our parents and President Obama is put in the position As Albert Shanker once said, ‘‘If we move us forward on the education of the cleanup crew. It is not pretty or can have master plumbers, we can have front. easy, and it is going to be a difficult master teachers.’’ Again, I just wanted to congratulate challenge for this country to come out Again, I congratulate the Senator Senator BENNET. It was a great start of a policy stew that is impossible to from Colorado for his focus on edu- with that maiden speech. I thought the choke down. cation in his maiden address. I was exchange the Senator had with Senator Let me be clear in my own view of happy and privileged to be on the Sen- ALEXANDER was a good one. It shows how we got here. I believe we had an ate floor to hear that. that we can work together. overly loose monetary policy under the The ACTING PRESIDENT pro tem- Senator BENNET from Colorado has control of the Federal Reserve ever pore. The Senator from Colorado is rec- shown a bipartisanship in his first 100 since 9/11, an overly loose fiscal policy ognized. days. I very much want to congratulate under the control of the White House Mr. BENNET. Mr. President, I thank him and tell him I have enjoyed serv- and the Congress, record deficits, a the Senator from Tennessee, and I ac- ing with him and look forward to serv- massive buildup of debt—when the knowledge his great work as Secretary ing with him for a very long time. economy was relatively strong and of Education. This is one of those I yield the floor and suggest the ab- right before the baby boom generation issues on which I think Republicans sence of a quorum. started to retire. That is remarkable. and Democrats have a lot of work they The PRESIDING OFFICER. The If you look back into history, it is can do together. There isn’t one solu- clerk will call the roll. rare to have at the same time an over- tion. This is a time when we are long The assistant bill clerk proceeded to ly loose monetary policy, low interest overdue, and we have been short on an- call the roll. rates, Congress and the White House

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.012 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4841 running an overly loose fiscal policy tional debt under the previous adminis- $764 billion over the next 5 years, and with record deficits, even at a time of tration, the worst recession since the those tax reductions are focused on the relative economic strength; on top of Great Depression, and financial market middle class. that, a dysfunctional trade policy with and housing crises. Everywhere you We also cut the deficit in half by 2012 record trade deficits, which meant we look, this President inherited a crisis— and by two-thirds by 2014. We get it were shipping hundreds of billions of in housing, in the financial sector, and down to 3 percent of gross domestic dollars to other countries to buy their in the fiscal sector. Also, 3.7 million product by 2014. Most of the economists goods, over and above what we were jobs have been lost in the last 6 say that is the key metric because at 3 producing, and a deregulatory environ- months, and we have ongoing wars in percent of GDP, growth of the debt rel- ment administratively and in terms of Iraq and Afghanistan. ative to our national income is sta- the laws of this country that allowed So what do we do about it? The budg- bilized. We keep the debt from growing things like the AIG derivative fiasco to et is a document that outlines the fun- the way it has been. develop completely without oversight. damental priorities of the country. The discretionary spending level in Those elements created the seedbed In this conference agreement, we this conference report is $10 billion for bubbles to form. So we didn’t just have attempted to preserve the Presi- below the President’s proposal. We get a housing bubble, we got a com- dent’s priorities of reducing our de- have cut his spending plan by $10 bil- modity bubble—wheat prices went to pendence on foreign energy—critically lion. In addition, there are reconcili- nearly $20 a bushel; we got an energy important to our economic future—a ation instructions for health care and bubble, with oil prices up to $145 a bar- focus on excellence in education, and education. They require at least $2 bil- rel. So if one looks at this historically, fundamental health care reform. lion in deficit reduction. we see the formation of these bubbles, If we look ahead to the fiscal future I personally believe reconciliation, and bubbles ultimately burst and cre- of America, no single thing is more im- which is a special process here, a fast- ate enormous economic wreckage. That portant than reforming the health care track process, will not be used for is what has occurred here. system. Already, we are spending near- health care because as people get into All of this was under the direction, ly 18 percent of our gross domestic it, I think they will find it is a very dif- fundamentally, of the Bush administra- product on health care. That is $1 of ficult way to write major, substantive tion. This was their policy that was every $6 in this economy going to legislation. My own prediction is that pursued for 8 years. Our friends on the health care. We are on a trajectory to reconciliation will not be used for other side controlled the House and have 37 percent of our gross domestic health care. The committees of juris- Senate for 6 of those 8 years. They put product going to health care. That diction have until October 15 to report into place the policies that have been would be more than $1 in every $3 in legislation in the regular order of busi- the guiding principles of policy for this our economy going to health care. ness using the regular procedure. I country for the last 8 years. Clearly, that is unsustainable. At the have talked with the chairman of the As a result, we saw a very dramatic current rate of nearly 18 percent of our committee that has most of the respon- deterioration in the budget picture GDP going to health care, we are sibility for health care, and, of course, under the Bush administration. They spending twice as much as any other that is the Finance Committee. Sen- went from inheriting surpluses to put- industrialized country. ator BAUCUS says it is his full intention ting us into record deficits. For 2009, We are on an unsustainable course, to proceed under the regular order, not there is a deficit of $1.7 trillion. In fair- and the President says we have to alter using the reconciliation instruction. ness to them, they are not responsible that, we have to expand health care But it is there as an insurance policy. for that whole amount because part of coverage so that everybody is included We also have the alternative min- it is the stimulus package that was en- so we can then institute the kind of imum tax fix for 3 years, so we will not acted. cost controls that will be necessary. I see a big increase in the number of peo- Clearly, they are responsible for at know it is counterintuitive to think: ple affected by the alternative min- least $1.3 trillion of the $1.7 trillion of How can it be that we are going to re- imum tax. There are some 3 million or deficit in 2009. This is the record on duce costs if we are expanding cov- 4 million people now paying. If we did deficit and of debt by the previous ad- erage? The thing we know in our cur- not take these steps, 24 million people ministration. After their first year in rent system is that people without cov- would be expected to pay the alter- office, the debt was $5.8 trillion. We erage still get health care, but they are native minimum tax. Nobody wants to typically do not hold administrations getting it in the most expensive set- see that happen. So we have a fix for responsible for their first year because ting: they are getting it in the emer- the next 3 years. they are working off the plan of the gency rooms of our hospitals all across We also have disaster relief for the previous administration. If you look at the country. We would be much better next 2 years. We call it a placeholder the 8 years they are responsible for, the off having them have coverage and hav- because it is an estimate of what dis- debt went from $5.8 trillion to over $12 ing them in a system that is a wellness aster relief will cost for the next 2 trillion. system, one that is designed to keep years based on looking back over the Mr. President, that is not the only people from getting ill and, if they be- last 5 years and doing an average. part of this that is important to keep come ill, managing their illness in a This is a break from how we have in mind. It took 42 Presidents 224 years way that prevents the most costly of typically dealt with disaster funding. to build up $1 trillion of foreign debt outcomes. Typically, we have done it through held by foreign entities. The previous This conference report also provides emergency designations. The President administration tripled that. They ran $764 billion in tax cuts focused on the thought: Look, we know we are going up another $2.5 trillion of U.S. debt middle class. I know there has been a to have disasters. Why don’t we budget held abroad. Some say it is a sign of lot of talk in the press about some tax for them? It is a worthy experiment, strength that people are willing to lend increases, and indeed there are. For and we will see how it works. us all this money. I personally don’t those of us who are fortunate enough Even though none of us can predict think it is a sign of strength. I think it to make more than a quarter of a mil- what disasters might occur, we know is a sign of vulnerability that we are lion dollars a year, we will be expected the strong likelihood is that there will running record trade deficits, meaning to pay somewhat more—not a lot more be disasters. Certainly, my state has record borrowing, much of that bor- but a little bit more. If we are going to experienced them. We have had flood- rowing done abroad. get our fiscal house in order, those of ing all across the State of North Da- Last year, of the debt we had to fi- us who are most fortunate are going to kota from one end to the other. I have nance, 68 percent of it was financed by have to pay a little bit more. But on a been home three times in the last sev- foreign entities. net basis, when you add in the tax in- eral weeks going from town to town all Mr. President, this President walked creases asked for from those who are across North Dakota, from the Red into a truly astounding set of cir- the most fortunate, with all of the River Valley in the east, to the Souris cumstances. Here is what they are: other tax changes, the overall effect is Valley in the central part of the state, Record deficits, doubling of the na- to reduce taxes from current law by the James, the Cheyenne—all of them,

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.012 S29APPT1 smartinez on PROD1PC64 with SENATE S4842 CONGRESSIONAL RECORD — SENATE April 29, 2009 are experiencing flooding that is unlike ful progress, and we promote food and tates of $7 million or less. Let me say anything we have ever seen in recorded drug safety. Again, we do that in three that excludes 99.8 percent of estates. history. ways with a reserve fund to accommo- Mr. President, 99.8 percent of estates We know there are disasters. There date the President’s initiative to re- will pay nothing—zero—under the are going to be costs. In my state, hun- form the health care system; by fund- budget proposal. dreds of millions of dollars have al- ing for at least 2 years a reserve fund In addition, we provide $63 billion for ready been experienced in terms of that further addresses Medicare physi- the so-called tax extenders. Tax ex- losses, roads, bridges devastated. We cian payments; and continues invest- tenders are items such as the research have even had dams significantly erod- ment in key health care programs, and development tax credit. Those ed by these weather events. We know such as the NIH and the FDA. have to be extended every year or there are costs associated with it, and I want to at this moment indicate every other year, depending on which we have tried to anticipate them in that one of the key staff persons on our one we are talking about, and we pro- this budget. Budget Committee is himself in the vide for those as well. Most important, this budget coming hospital. Joel Friedman, who is the Those tax cuts that amount to $861 from the conference committee focuses deputy staff director for the Budget billion are offset by loophole closers of on three key priorities: reducing our Committee, a remarkable person, truly $97 billion. And what we are focused on dependence on foreign energy, putting gifted, somebody who has the respect here is the offshore tax havens; the a focus on excellence in education, and of people on both sides of the aisle, is abusive tax shelters. fundamental health care reform. in the hospital. Our thoughts and pray- We now know, from the Permanent First, with respect to energy, it re- ers are with Joel and his family. I don’t Committee on Investigations, that we duces our dependence on foreign en- know if he is able to watch this. Last are losing over $100 billion a year to ergy, creates green jobs, helps protect week, he was not able to because he did these offshore tax havens; billions of the environment, and helps with high not have C–SPAN in his room. But I dollars more to abusive tax shelters. I home energy costs. It does that in want him and his family to know that have shown on the floor of the Senate three ways. One, it creates a reserve the entire Budget Committee family— many times pictures of European sewer fund to accommodate legislation to in- and that goes for Republicans and systems, and people have asked me: vest in clean energy and address global Democrats—is thinking of him and What has that got to do with the budg- climate change. Second, it provides hoping for his swift recovery. et of the United States? Well, it turns $500 million above the President’s level While we have focused on these key out it increasingly has something to do of discretionary funding for energy for priorities of the President—excellence with the budget of the United States fiscal year 2010. Third, it builds on the in education, reducing our dependence because we have the spectacle of economic recovery package invest- on foreign energy, health care reform— wealthy investors here and companies ments in renewable energy, efficiency we are doing it all in the context of here buying European sewer systems— and conservation, low carbon coal tech- dramatically reducing the deficit. In not because they are in the sewer busi- nology, and modernizing the electric fact, we cut the deficit by two-thirds ness but because they want to depre- grid. by 2014. As measured by the gross do- ciate those assets on their books for By the way, modernizing the electric mestic product, which economists say U.S. tax purposes—and they turn grid presents this country with an is the best measure, we do even better around and lease the sewer systems amazing opportunity to have a leap than that, as measured by share of the back to the European cities that built forward because we are really dealing gross domestic product, we are reduc- them in the first place. almost in the horse-and-buggy era with ing the deficit by 75 percent, by three- I picked out sewer systems, because the grid that we have that is not per- quarters, from 12 percent of GDP in that is most graphic, but it doesn’t end mitting us to shift power from places this year to 3 percent of GDP in 2014. there. We actually have companies we can produce it—clean, green Again, that metric of 3 percent of buying city halls in Europe and depre- power—to places that need it. GDP in 2014 is especially important be- ciating on their books for U.S. tax pur- In addition, we have in this budget cause economists tell us that at that poses here leasing those city halls back coming back from the conference a rate, we have about stabilized the to the European cities that built them focus on excellence in education. We growth of the debt. In other words, the in the first place. generate economic growth and jobs. We debt will not continue to grow faster Some say if you go after that kind of prepare the workforce to compete in than our national income if we can scam, you are increasing somebody’s this global economy. We make college continue deficits of 3 percent of GDP. taxes. Well, I suppose in some sense more affordable. We attempt to im- My own view is we should do even bet- you are. But you know what. Shame on prove student achievement, which is at ter than that. Certainly, in the second the people who are doing it. The vast the heart of what education is all 5 years, I think it is incredibly impor- majority of us pay what we owe. But about. We do it again in three ways: by tant that we do better than that given unfortunately, we have an increasing providing a higher education reserve the fact the baby boom generation will group of companies and individuals fund to facilitate the President’s stu- be retiring. who are dodging what they legiti- dent aid increases; we provide for edu- In terms of the revenue changes in mately owe here and they are doing it cation tax cuts to make it more afford- the budget resolution, I indicated ear- in these offshore tax havens. able for our young people to go to col- lier that if you look at total tax I have shown on many occasions a lege and other institutions of higher changes in the budget resolution—and picture of this little five-story building learning; and we provide the Presi- this is CBO scoring, this is not my in- in the Cayman Islands that claims to dent’s requested level of $5,550 for Pell vention—the taxes are cut by $764 bil- be the home to 14,000 companies—14,000 grants and fully fund his education pri- lion over the 5 years, and here is where: companies. They say they are all doing orities, such as early childhood edu- middle-class tax relief, $512 billion. business out of this little five-story cation. That includes the 10-percent bracket, building in the Cayman Islands. They The third key priority is funda- the marriage penalty relief, the child are not doing any business out of there. mental health care reform, and that is tax credit, education incentives, and They are doing monkey business. And accommodated in the conference re- all of the other 2001 and 2003 tax cuts the monkey business they are doing is port. We attempt to bend the health that affect those earning less than to avoid their taxes in the United care cost curve to get costs under con- $250,000 a year. All of those tax cuts are States. Shame on us if we don’t close trol, to improve health care outcomes extended for the entire 5 years. that down. for our nation’s people, to expand cov- In addition, we have provided for al- Some say: Well, this is a big spending erage because we have more than 40 ternative minimum tax relief for 3 budget—big spending. Really? That can million people now without any health years at a cost of $214 billion. We have only be the statement of people who care insurance. We increase research, provided for estate tax reform at a cost haven’t read this budget, because this especially devoted to those areas of of $72 billion that will permit couples budget takes domestic discretionary highest opportunity to make meaning- to avoid any estate tax if they have es- spending as a percentage of our gross

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.014 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4843 domestic product from 4.4 percent in care reform reserve fund that I pre- economic changes and a very steep 2010 to 3.4 percent in 2014. So as a share viously described that is critically im- downdraft. The reality is that 10-year of our national income, domestic dis- portant to getting our fiscal future forecasts have very little reliability. cretionary spending is going down. back in line. So we have done a 5-year budget here. Facts are stubborn things. Over the We also provide program integrity That, as I say, has been done 30 of the life of this budget, non-defense discre- initiatives to crack down on waste, 34 times Congress has written a budget tionary spending in dollar terms—in fraud, and abuse in Social Security and under the Budget Act. Thirty of the 34 dollar terms—is being increased 2.9 per- Medicare. This is especially prevalent times, it has been a 5-year budget. cent a year. That is below the rate of in Medicare. The previous Secretary— I say to my colleagues, I believe this growth of our national income. That is Secretary Leavitt—whom I had high budget is part of economic recovery. why, as a share of our economy, domes- regard for, came to see me one day. He We are facing very tough winds. We are tic discretionary spending is going had with him information about scams facing a very tough economic environ- down, not up. So when you hear claims that were being conducted across the ment—the steepest downturn since the this is a big spending budget, it is not country to defraud Medicare, and he Great Depression—and we are going to this budget. They may be talking had pictures of phony operations in have to be aggressive in terms of pre- about some other budget, but the budg- Florida that were in shopping malls venting a deflationary spiral that could et before us is the budget reported by where they had individual storefronts suck this economy down. We saw it in the conference committee, and that set up that were supposedly providing the Great Depression—a failure of Gov- budget is tough on spending, it is tough Medicare services, each of them billing ernment to act effectively until tre- on deficits, it is tough on getting our $500,000 to $1 million a year in so-called mendous damage had been done: the country back on a more sustainable services to Medicare-eligible patients. unemployment rate rose to 25 percent, course. When they pierced the veil, what the stock market fell by nearly 90 per- We have a series of budget enforce- they found was they weren’t providing cent. We had a circumstance in which ment tools in this budget resolution any services, they were just doing the 25 percent of the people—more than 25 that I am particularly proud of: discre- billing. They were billing but they percent of the people—were unem- tionary caps for 2009 and 2010. We main- weren’t providing any services. It was a ployed, with staggering devastation to tain a strong pay-go rule. We have a complete scam. And there were dozens the strength of America. point of order against long-term deficit of them—dozens of these storefront op- The Chairman of the Federal Re- increases; a point of order against erations. The Secretary himself went serve, Mr. Bernanke, has made it his short-term deficit increases. We allow to some of them in the middle of the life’s work to study how to avoid an- reconciliation for deficit reduction day and they were closed. They were other Great Depression. In his analysis, only. And we provide a point of order closed for the public, but they were and others like it—as historians look against mandatory spending on an ap- open for scam. We have provided funds back—the conclusion is there was a propriations bill. to go after those kinds of fraudulent failure of the Government to act This last one I want to emphasize I operations. proactively. It waited too long. It be- think is especially important. Because We have also provided a long-term lieved the markets would correct what we have found is our friends on deficit increase point of order to try to themselves. It believed that somehow the Appropriations Committee have prevent any action by the Congress to everything would work out without found a new way around the rules here increase the long-term deficit without intervention. That proved to be a fatal and they have started to put manda- facing a supermajority point of order mistake. tory spending on discretionary spend- hurdle. All of the elements of the Federal re- ing bills. Let me be clear. Mandatory Let me close on this quote by Presi- sponse have taken a different direction spending is for things such as Medi- dent Obama, because it is something I in this downturn, and it started with care, for Social Security. If you are eli- agree with very much. While I believe the previous administration, to their gible, if you qualify, you get your bene- this budget has made good progress at credit. The Federal Reserve has done a fits. So that is called mandatory spend- getting our fiscal house back in order great deal to provide liquidity in this ing, and that is most of the spending of for the next 5 years, we have to do economy. Instead of pulling back, it the Federal Government. Most of the much more—much, much more. Presi- has extended credit. The Federal Gov- spending is now mandatory spending. dent Obama said this at the Fiscal Re- ernment, instead of pulling back in Medicare and Social Security are the sponsibility Summit he hosted at the order to balance our budget in the biggest ones. We also have certain vet- White House at the end of February: short term, has put forward hundreds erans benefits, which is mandatory Now, I want to be very clear. While we are of billions of dollars in a stimulus spending for some of it, much of it dis- making important progress towards fiscal re- package to provide an increase in ag- cretionary. sponsibility this year, in this budget, this is gregate demand to provide stimulation Discretionary means under the dis- just the beginning. In the coming years, to the economy, to provide liquidity. cretion of the appropriations process we’ll be forced to make more tough choices, Without it, I believe the collapse would each year. That is why it is discre- and do much more to address our long-term be far steeper, far more serious, and far tionary. And discretionary spending, as challenges. more threatening. And remember, what I have indicated, is going down under That is true. We have got much more we are faced with is not just a national this budget as a share of our gross do- work to be done, especially in the sec- crisis, it is a global crisis, with global mestic product. But we don’t want ond 5 years. This is a 5-year budget, be- economic activity falling very dra- mandatory spending to be increased in cause of the 34 budgets written by the matically all around the world. The re- discretionary spending bills, and that Congress, 30 of the 34 have been 5-year sponse of almost every industrialized started to happen a couple of years ago budgets. The President sent us a 10- country has been like ours, to provide and we put this point of order in place year budget. Some have asked why we liquidity, to provide stimulus. China to provide a barrier, a hurdle, against didn’t do a 10-year budget. Very sim- has a major stimulus program, Japan, that bad practice. ply, because Congress almost always and Europe; virtually all the countries We also have in this budget resolu- has done 5-year budgets because we of Europe. Russia has announced a tion provisions addressing our long- know that the projections for the sec- major stimulus plan. term fiscal challenges. I think every- ond 5 years are highly unreliable— I believe those are the right policy body understands that health care is highly unreliable. Frankly, a forecast responses, however imperfect—and im- the 800-pound gorilla. Health care in for 5 years is a bit of a crap-shoot. perfect they are, the specific packages our Federal accounts—Medicare, Fed- I used to have the responsibility of that have been developed. I myself eral share of Medicaid, and other as- forecasting the revenue for my State. I thought we could have done much bet- pects of health care spending—is where had to do it for 3 years. I know how dif- ter in our stimulus package. I would we see spending of the Federal Govern- ficult it was to do that for 3 years. Five have liked to have seen much more ment soaring and continuing to grow years is extraordinarily difficult, espe- funding for infrastructure. I wanted out of control. So there is the health cially at a time like this of dramatic much more funding for infrastructure

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.016 S29APPT1 smartinez on PROD1PC64 with SENATE S4844 CONGRESSIONAL RECORD — SENATE April 29, 2009 because I personally believe that is a whatever that number is, it has to be America. One in five homes today is place where you get a two-fer: You get dealt with in a deficit-neutral way. It underwater, meaning they owe more on a lift for the economy and you also get has to be paid for. their home than it is worth. The equity an investment that strengthens our Mr. ISAKSON. I thank the chairman. lines of credit have been wiped out. economic competitive position for the Second, is it not true that the amend- Families’ basic major estate and their future. But look, there was a substan- ment the Senate unanimously adopted net worth has been wiped out and the tial infrastructure component. I would that set forth a deficit-neutral account housing market continues to be a col- have liked to have seen it be far bigger of $34.2 billion for a housing tax credit lection of short sales and foreclosures. and more robust, but nonetheless, we was deleted from the conference re- The current tax credit we have, are moving in the right direction. port? which is now $8,000 to a family as long This budget moves in the right direc- Mr. CONRAD. The Senator is correct. as their income doesn’t exceed $150,000 tion. It is a contribution to economic Mr. ISAKSON. I thank my distin- and as long as it is their first home recovery. It does preserve the Presi- guished chairman. purchase, is a fair effort to start, but dent’s key priorities of reducing our I wish to make my remarks not to our problem is not with first-time dependence on foreign energy, which the Senate. I commend the chairman home buyers. Our problem is with must be done. It focuses on excellence and the Senate for adopting the amend- move-ups, with transferees, people who in education, because if we are not the ment as we did on the floor 3 weeks have been playing by the rules, making best educated, we are not going to be ago. I wish to direct my remarks to the their payments. If they are transferred, the strongest country in the world for President of the United States, to Dr. they are afraid to take the transfer be- very long. And it provides for funda- Summers, to Dr. Christina Romer, the cause they are afraid they can’t sell mental health care reform—because head of the Council of Economic Advis- their house, and they are afraid there that is the 800-pound gorilla that could ers to the President, to Secretary is no buyer incentive to help get them swamp the fiscal boat of the United Geithner, and my friend, Rahm Eman- there. I urge the President, Dr. Sum- States, not to mention the boats of uel. I wish to make a case for what the mers, Secretary Geithner, Dr. Romer, every American family and American Senate did, which is deleted from this and Rahm Emanuel to consider this: companies that absolutely need cost budget resolution, and I wish to start it That $15,000 tax credit, if it were passed containment—at the same time im- looking back 15 months ago. today in America for 12 months, would proving health care outcomes for the Fifteen months ago, when we came cost, as scored by CBO, $34.2 billion. American people. in, in January of last year, we were be- How much is $34.2 billion? It is 5.4 per- Finally, yes, dramatically reducing ginning to see foreclosures, beginning cent of the President’s set-aside of $634 the deficit, reducing it by two-thirds in to see the housing market decline, and billion for health care. It is one one- dollar terms, by three-quarters as a I introduced at that time, along with hundredth of 1 percent of the $3.5 tril- share of the gross domestic product of other Members of the Senate, a hous- lion budget—one one-hundredth of 1 the United States over the next 5 ing tax credit for the purchase of fore- percent of the amount of the budget. years. closed and vacant houses. It was scored Don’t you think we could provide an This is not a perfect document. If I at a cost of $11.4 billion. The Finance incentive that is that inexpensive to were able to write it just by myself I Committee rejected that amendment motivate a housing market to return, think I could have improved it. I think in the Senate, saying it cost too much. to begin to reflate values back and put every Member here believes that; that Ninety days later, the Senate passed equity in the pockets of the American if they were able to write this docu- a $150 billion economic stimulus bill people and return our economy? ment it would be a better document. recommended by President Bush that Experts have estimated—and I am That is not our option. We have a gave every American $300, or up to not saying I am an expert, this is ex- Senate, we have a House of Representa- $1,200 per family, to stimulate the perts who have estimated—that if that tives, we have a President. This is the economy—and the economy spiraled tax credit had passed last year it would work of all three entities: The Presi- down. have created 700,000 home sales and dent of the United States, the Senate In July of last year, we dealt with a 587,000 jobs. Mr. President, 587,000 jobs of the United States, the House of Rep- housing bill that created HOPE for is the number of jobs we have been los- resentatives. I believe we have pro- Homeowners and an FHA program ex- ing a month. We need to find a way to duced an important step in economic pansion. I tried to amend that with a create that kind of number. recovery. housing tax credit and, to the credit of More important, let me give you the I urge my colleagues to support the the House and Senate, the conferees intriguing fact about the 700,00 house conference report. I yield the floor. ended up creating a $7,500 interest-free sales. Current home sales in America The PRESIDING OFFICER. The Sen- loan for first-time home buyers. It did are at 500,000. An average year in this ator from Georgia is recognized. not work, but it was a sincere effort to decade in this country was 1.2 million, Mr. ISAKSON. Mr. President, I thank try. a good year was 1.5 million. If you add the Budget chairman for a lot of Then we came back this year and that estimated 700,000 produced by the things. One is his openmindedness. But Senator LIEBERMAN, myself, and others credit to the existing 500,000, you would I particularly thank him for the clos- reintroduced the $15,000 tax credit for return the United States to a balanced ing he presented because it relates di- any family who buys and occupies their housing market. You would begin to rectly to the subject I would like to home, any single-family residence in appreciate the value of those houses discuss, but I would like to yield to the America, for at least 3 years. The tax back to where they were. You would re- chairman to ask him two questions to credit of $15,000 is a substantial incen- store equity lines of credit for the men make sure I am accurate about the tive. It is tied directly to exactly what and women of the United States of conference report. First, it is my un- happened in this country in 1975, when America. You will employ people in the derstanding that there is a $634 billion America offered a $2,000 tax credit for construction industry. account set up for health care; is that anyone to buy any one of the 3 years’ My last point is very important. This correct? worth of standing vacant inventory housing recession and the difficulties Mr. CONRAD. Mr. President, answer- that was on the market in the United in it now are in the developed lots that ing through the Chair, that was in the States. We passed it at that time and are standing, developed and unsold, and President’s budget. We did not provide exited that recession within 12 months, the A, D, and C loans that have been for that in this conference report. What restimulating the housing market made by the major banks funded we did provide for is a deficit-neutral which had led us into that particular around the country to fund those de- reserve fund. We did not specify an recession. velopments. Those loans are beginning amount that would be necessary for It is housing that led us into this re- to come due. They are threatening the health care because we do not know cession and it is housing that is caus- integrity of the U.S. banking system, whether the right number is $200 bil- ing precisely what the chairman re- and there is only one thing that will lion, $400 billion or $600 billion, as the ferred to and that is the deflation that solve that and that is for those lots to Senator referenced. What we do say is is going on in the United States of begin to be absorbed. The only way to

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.016 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4845 do that is to get house buyers back in But they also invested in America’s got to get our financial system work- the market with an incentive to come future in education, in health care, and ing the way it should so that America back in and buy. in energy; protecting our essential can grow. We have got to help small If the tax credit passed, we do not services for America’s most vulnerable business. That is the growth engine of have that much of a vacant inventory people; and providing tax cuts to help America in order to create jobs and available in the country. It would im- restore consumer confidence in our move forward with innovation. mediately stimulate the employment economy. What we need to do is have a budget of construction workers to go into That was the first priority. That bill that puts our priorities on America’s homebuilding. has passed and its impact is now being future. Well, the budget President My thanks to the Senate for its wis- felt in our country. But in the Con- Obama has that we are about ready to dom in adopting the $15,000 credit. I ex- gress, under the leadership of President pass does that. It helps our economy press my deep disappointment in the Obama working with us, other things but does it in a fiscally responsible conference committee dropping it, and were accomplished in a very short pe- way. It puts us on a glide path to re- I encourage our President and the lead- riod of time. duce the Federal budget by two-thirds ership of our country to give a second The Lilly Ledbetter Fair Pay Equity by the year 2014. thought to what this credit could do. It Act was passed, guaranteeing we have We are working on the economy, seems to me one one-hundredth of 1 an enforceable right for equal pay. working on creating jobs, but we are percent of the budget is worth a gam- We passed the Children’s Health In- also working on fiscal responsibility to ble to create almost 600,000 jobs and surance Program that now covers 4 get out from this deficit. Because we 700,000 home sales, restore equity lines million more children with health in- not only have a moral obligation to our of credit to America’s families and, surance. I am particularly pleased that children and grandchildren to pay our most important of all, reenergize the law includes dental care so children bills, it is critically important for the great engine that is the American will be able to see a dentist. fiscal strength of America that we get economy. The greatest stimulus in the We passed legislation protecting pub- our budget back into balance. So as we world is not a gift of money, it is an in- lic lands and protecting our environ- come out of this recession, as we create centive to invest and for American ment for future generations. the jobs that this budget will allow us families to return their confidence in We passed the Edward M. Kennedy to do, we also put us on a glidepath to- this great economy we have in this Serve America Act, for Americans to ward fiscal responsibility. great country. be able to engage in volunteer service But the budget recognizes another es- I urge the leadership of the country to their country throughout their life- sential point. We are not going to do to consider that. I, again, thank the time. things the way we have done them in chairman of the Budget Committee and The Obama administration, working the past. We have an administration every Member of the Senate for their with this Congress, has restored Amer- that is prepared to tackle the tough unanimous support of it, and I yield ica’s international leadership. We have problems. It is one thing to get out of the floor in sincere hopes that when made it clear from the beginning that this recession and to try to balance the this speech goes to the White House this Nation will not permit the use of budget and get our budget balanced, they will read it, they will check the torture, focused our missions in both but we have got to deal with the under- numbers, and they will ask the ques- Iraq and Afghanistan of going after the lying problems that America confronts. tion: Is one one-hundredth of 1 percent terrorists—which is what we should do We have got to fix a broken health care of this budget worth the chance to re- to make America safe—and prepared to system, because it is too expensive and store the economy of America? join the international community in I yield the floor. drains our economy. The PRESIDING OFFICER (Mrs. combating global climate change. We have got to become energy inde- We have done a lot during the first pendent, because that drains our econ- GILLIBRAND). The Senator from Mary- land is recognized. 100 days—quite a record. Today we are omy and our budget. And we have got Mr. CARDIN. Madam President, last on the verge of passing the budget con- to invest in education. Our children are November the American people voted ference report which will provide a new our future. We have got to put our re- for change. I think it is appropriate blueprint for America’s future. What sources with our children. today, as we are considering the con- are the priorities? The priority first, is The budget recognizes that for Amer- ference report on the budget, which is the economy. Again, we have to get out ica to be able to have a strong budget the blueprint for our Nation, and we of this recession. This budget allows us in the future, we need to fix our health also celebrate the 100th day of Barack to invest in creating new jobs. It will care system. We talked about this for a Obama’s Presidency and his adminis- do it in a fiscally responsible way and long time. We have talked about fixing tration—I think it is time to reflect will invest in health care, energy, and it. Well, we now have a President who where we have been in these last 100 education. has said the only option that is not on days and the changes that have oc- President Obama, as I pointed out the table is the status quo. I agree with curred. But first it is important to earlier, inherited quite a fiscal mess. President Obama, we have got to fix point out the mess President Obama President Bush, during the 8 years of the system. Why? inherited. his Presidency, started with a surplus. First, it is way too expensive. Not The United States is engaged in two Let me remind you, 8 years ago we had only is it a drain on Federal taxpayers wars. We have the worst economic cri- a surplus, a $236 billion surplus in 2000. but to every person in this country. sis since the Great Depression inher- The current year’s deficit is $1.75 tril- Our health care system is twice as ex- ited by this administration. We have lion. This was the fiscal recklessness of pensive, per capita, than the next most record deficits inherited by this admin- the Bush administration that has been expensive system in the world. And yet istration. The international reputation inherited by the Obama administra- we have seen, during the Bush years, of the United States is badly damaged. tion. It has cost us jobs. We are losing the 8 years of his Presidency, the num- In 100 days, the Obama administra- half a million jobs each and every ber of uninsured grow from 40 million tion, working with us in Congress, has month. That is what was confronting to 47 million. There are 47 million an impressive record of accomplish- the President back when he took office. Americans who do not have health in- ments. I think it is important to point We have a housing crisis, people los- surance. And we do not have the health out that the No. 1 priority, as all my ing their homes. They are still losing care results that would warrant such a constituents tell me on a daily basis, is their homes today. We have to pay at- large expenditure of our Federal econ- to fix our economy. Our economy is in tention to that. We have got to give omy in health care. We should have deep trouble. The American Recovery confidence so that people can keep better results. We do not have those re- and Reinvestment Act put the recovery their homes. It is important for indi- sults, so we have got to fix our health of our economy first by creating jobs. viduals, it is important for our commu- care system. We need more jobs, to save jobs, create nities, it is important for our economy. What does this budget resolution do, jobs. The Obama administration put Banks are not lending money. They the conference report that is before that as their top priority. still are not lending money. We have us—that will shortly be before us for a

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.019 S29APPT1 smartinez on PROD1PC64 with SENATE S4846 CONGRESSIONAL RECORD — SENATE April 29, 2009 vote? What this budget resolution does with. We have been talking about it for allows our committees to move in that is allows us to move boldly toward uni- years. It is time to act. It is time to fix direction, and to bring down the cost of versal health coverage, toward uni- our health care system. And this is not higher education for the typical fam- versal coverage. Why is that so impor- a partisan issue. It is not a Democratic ily. Too many families today are being tant? Well, you see, someone who has issue or a Republican issue. This is an denied the opportunity to send their no health insurance today enters a issue that affects our country. It is an child to college because they simply health care system in a very expensive American issue. We need to work to- cannot afford the cost of higher edu- way. They use our emergency rooms gether on it. But it is not regular order cation. We have increased Pell grants. for primary care, to the extent that to use a filibuster to prevent this body It is another great record of this Con- they get primary care. They do not from taking up these issues. And that gress. We increased the Pell grants. have prevention. And they enter our is what the budget reform process was This budget resolution allows us to go system in a much more costly way. Ill- all about many years ago. further to bring down the cost of high- nesses that could have been detected I hope every Member of this body will er education. early are left untreated. They enter work together so we can fix this health The budget resolution recognizes our system in a very expensive way. care system. That is what we need to that we have to empower families to be Many times people without health in- do. Nobody has a monopoly on the best able to afford and to participate in our surance do not pay their bills. But they ideas. President Obama has reached economy. So tax relief to middle-in- get paid. Guess who pays them. The out and said: Look, I know what we come families is extended and ex- taxpayers of this country. Those who need to accomplish. You know what we panded in this budget resolution. have insurance pay more for their pre- need to accomplish. Let’s work to- The budget resolution recognizes miums and doctors and hospitals be- gether and get it done so we can make that small businesses are the driving cause of people who have no health in- health care more accessible, and people force behind job creation. Most of our surance. can get quality care in a much more jobs are going to be created by small It is in our national interest to get cost-effective way, saving the tax- businesses. Innovation comes from everyone covered by insurance. This payers of this country money, helping small companies. So this budget reso- budget conference report will allow our our economy grow, making American lution allows us to continue the incen- committee to bring in a bill to fix our companies more competitive inter- tive so that small companies can get health care system to provide universal nationally. If we fix the health care the credit they need, can get the help coverage that will provide better qual- system, all of that is possible if we get they need to be able to not only sur- ity care and save us money. it done right. vive this economic downturn but to This budget allows us to save money I want to compliment—I see the turn it around and create new jobs. in the health care system by investing Chairman of the Budget Committee is I particularly thank the conferees for in preventive health care. If we get on the floor, Senator CONRAD. I want to continuing to include the increases, more people tested for early detection thank him for his leadership on these the 2-percent increases, in the Small of diseases, it will save us money. We issues. You now have a budget that will Business Administration, an agency invest in health information tech- allow us to deal with these priorities. that was decimated under the prior ad- nology so we can eliminate a lot of the But the budget resolution also recog- ministration. I offered an amendment waste in our health care system, the nizes that for America to be strong, we in the committee that was adopted administrative costs. Not only will it also need to become energy inde- that increased that appropriation to eliminate costs, unnecessary costs, but pendent. And the budget resolution al- $880 million. We want the SBA to be you will have better management of lows us, our committees, to do that. the advocate for the small business care. Doctors and hospitals will be able We need to become energy independent community, to fight Government agen- to communicate with each other. They for the sake of our economy. cies to make sure they make contracts will understand the complexities of We saw the impact on our economy available to small companies, to help your own individual health history and when energy prices went up and down, mentor small companies so they have a be able to build health protocols to and we had very little to do with it. business plan that can get a loan from give you more cost-effective, quality But if we get the energy policy right, a bank. That is what we want the SBA care. That is using technology. This we are going to create green jobs, more to do. And now with this budget sup- will help us. jobs in America. This is about our port, the SBA should be able to build We need to deal with the disparities economy. This is about helping Amer- and help our small businesses in Amer- in health care. We know there are gaps ica grow. So smart energy, energy ica. across racial and ethnic lines. We need independence, is the right thing to help Last November America voted for a to narrow that, pay attention to that. our economy. By the way, it is also im- change. We are delivering on that ex- This budget allows us to move in that portant for national security. We pectation. This budget resolution that direction to eliminate these dispari- should not be challenged to fight wars has come out of the conference com- ties. because we need imported oil. Let us mittee allows our committees, working The budget allows us to reform our become energy independent for the with President Obama, to tackle the own Medicare system. Medicare is the sake of our national security, and, yes, challenges confronting our Nation. The largest insurance program in our coun- let us become energy independent conference committee gives us the try. Our elderly and disabled depend using good green technology, because blueprint we need by focusing on dif- upon our Medicare system. But our it is good for our environment and we ferent areas for helping in tax relief, Medicare system needs to be changed can do something about global climate for bringing our budget better into bal- and reformed. Ask any physician about change, working with the international ance, helping working families, and in- the sustainable growth rate method- community. vesting in universal health care and ology for reforming, for paying their But the budget goes further and says, educational opportunities and energy fees every year. We have got to change look, if we are going to be a strong na- independence. that. We have got to eliminate this tion, if we are going to get our future I urge my colleagues to support the physical therapy and rehab cap. It budgets in balance, if we are going to work that has been done by our con- makes no sense at all. be competitive internationally, if our ferees. Let’s work together to refuel This budget resolution allows us to economy is going to grow, and the and revitalize our Nation. reform the Medicare system to make it American standard of living is going to I yield the floor. more cost effective, and the budget res- grow, we are going to invest in edu- The PRESIDING OFFICER. The Sen- olution provides for the backup of cation. Education has got to be our top ator from North Dakota is recognized. budget reconciliation instructions. priority. Mr. CONRAD. Madam President, I What does that mean? I want to give We can do a much better job at pre- thank the Senator from Maryland, Mr. you my interpretation. That allows us K through 12 and quality education. CARDIN, who is a very important mem- to use regular order to get this issue Every child should have access to a ber of the Budget Committee. We were dealt with, to get health care dealt quality school. This budget resolution very lucky to have Senator CARDIN join

VerDate Nov 24 2008 23:41 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.021 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4847 the Budget Committee when he became a major disagreement with the budget As I have said repeatedly, we cannot a Member of the Senate, having come that I want to concentrate on because sustain the current level of spending from the House where he served on the I am not only on the Budget Com- without inflicting grave danger on the Ways and Means Committee. mittee, I am also on the HELP Com- fiscal health of the country. Recently, If you look at Senator CARDIN’s ca- mittee, which is a big bite of the apple, I noticed that England tried to sell reer, it is a career of leadership, being especially since the President has some bonds. They had difficulty selling elected at a young age in Maryland, placed so much emphasis on health them. They didn’t sell them. Everyone rising to the most powerful position in care reform and education reform this will recall that China has been asking the Maryland legislature, coming to year. I also happen to be on the Fi- what additional guarantees we would the House of Representatives, and now nance Committee. So the three com- give on our bonds. What does that say? to the Senate. We are very fortunate to mittees have to interact on those That says that we have maxed out our have his background, his knowledge, issues, particularly the health care credit cards. Every individual in Amer- and his skills helping us form a budget issue. I have never been involved in an ica who has ever had a maxed-out cred- resolution for the country. I am in- issue with as many moving parts or as it card knows what that means. It debted to him and I appreciate very difficult as health care reform, prob- means you can’t get more credit. We much his wise counsel. ably because it involves 100 percent of run on credit, particularly if we run I ask unanimous consent that all the American people. Seldom do we deficits. quorum calls be charged equally to have a bill that involves that. This also One of the most offensive and dan- both sides for the duration of the de- involves every single business and gerous parts of this conference agree- bate on the conference report accom- every single health care provider. All ment is the use of budget reconcili- panying the concurrent resolution on of them are nervous and probably ation. It is a procedural tool, and it is the budget. ought to be as long as we are in ses- a backdoor method to bypass the full The PRESIDING OFFICER. Without sion. I will speak in opposition because and fair legislative process. The Senate objection, it is so ordered. of a particular part of the budget reso- was designed to include minority Mr. CONRAD. I want to indicate, for lution conference agreement that I am views, and there aren’t issues where it the purposes of our colleagues, that we disappointed in. is more important to do this on than have a series of speakers. We do not As I review the agreement before the with health care reform and education have this firmly locked in in terms of Senate, it once again reminds me of reform. I am hoping that on either of an order, but we are expecting Senator the old adage that I have referred to those, in order for the American people ENZI momentarily; Senator GREGG—I before: You can pay me now or you can to have confidence in what we are see Senator ENZI now; Senator BUNNING pay me later. This budget conference doing, we will put together a bill that approximately at 12:30; Senator agreement leaves the bills for later. It will have 75 or 80 votes. We need to JOHANNS at roughly 1 o’clock; Senator taxes too much, it spends too much, have that kind of agreement in order LINDSEY GRAHAM at approximately 1:30. and it borrows too much. I ask my col- to have a plan that will work. And I will answer, to the extent I determine leagues if this is the legacy we want to Lord help the party that designs one necessary, as we go through these leave our children and grandchildren. that does not work or that stops the speeches. But I want to indicate that Actually, we are going to be paying for process of getting one to work. Both that is roughly the order of where we it within our lifetimes; it will not be sides have a tremendous responsibility are: Senator ENZI, Senator GREGG, Sen- just the next generation. We ought to in the health care and education de- ator BUNNING, Senator JOHANNS, Sen- know better. bates. Either one can end their party ator GRAHAM, and Senator MURRAY Yesterday, we were having a hearing with either of those bills. Reconcili- after that. in the HELP Committee where we were We have other Senators also in the ation’s intended use is for meaningful talking to several States that have train. But if other Senators wish to deficit reduction on budgetary issues. done something significant in the area join this debate and discussion, they If you attack those problems purely of health care. I like the roundtable ap- are certainly welcome. It will be im- from a budgetary issue, you cannot get proach. That is where we bring in peo- portant for them to call the cloakroom to the core of the problem and you can- ple who have done something, and they so they can get in the queue so that not resolve it. explain how they did it, why, what the I just came from a Senate Finance they do not have to waste their time results were, what they would do dif- Committee meeting where we are talk- waiting here on the floor as others ferently. It is not like a regular hear- ing about the Senate Finance Com- speak. ing where one side invites in some of mittee piece of health care. That is With that, I see Senator ENZI has come to the floor. I will give him a few the witnesses, the other side invites separate from the HELP Committee minutes to get ready, because he is, as one of the witnesses, and then every- portion of health care. Both have to body shows up to beat up on the wit- work together, along with the Budget is so often the case with Senator ENZI, not only on time but ahead of his nesses. This is to get information. It Committee, in order to come up with a scheduled time, and we appreciate that was fascinating because we had Massa- plan. Today, we were going through very much. chusetts, California, Vermont, and roughly one-third of the problem. We We are delighted to have Senator Utah—four States that have tried or were going to go through the delivery ENZI here. He is also an important done something in the area of health system part, how do we deliver health member of the Senate Budget Com- care. care. We have a little eight-page docu- mittee. While we have differences—no Yesterday, California explained their ment. The first page is just a cover doubt he will have a different view of health care reform and had to mention page. The second page is just a sum- this budget resolution than perhaps do that it failed. I asked why. They said it mary. The third page is where we spent I—nonetheless, we have great respect was primarily because they had a $14 the last 2 hours. There are five more for the contributions he makes. billion deficit they were trying to fig- pages to go. The other five pages are I yield the floor. ure out how to cover, and health care more difficult than the first page. After The PRESIDING OFFICER. The Sen- costs money. I did have to point out we finish all of this and reach some res- ator from Wyoming is recognized. that our deficit is significantly bigger olution, which we are hoping to do be- Mr. ENZI. Madam President, I thank each and every year. Even proportion- fore the middle of May, then we have the chairman for his kind remarks and ately, it is significantly bigger. So that to look at coverage, what kind of cov- for the great job he does on very dif- will raise some difficulties. This budget erage people will be given if they are ficult issues. resolution conference agreement under health care, and we want to get Anytime you talk about money, doesn’t get near to solving that prob- everyone under health care. The final whether it is at home, at work, or here lem, not even in the long run. So we piece we have to do is how to pay for it. in the Senate, it raises a lot of concern are not considering a conference report So you can see it is a very complicated and difficulty. that will confront any of the tough fi- process. I know this has been a difficult proc- nancial priority choices that face our Reconciliation is intended for the use ess to work through. Of course, I have country. of meaningful deficit reduction on

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.022 S29APPT1 smartinez on PROD1PC64 with SENATE S4848 CONGRESSIONAL RECORD — SENATE April 29, 2009 budgetary issues. The budget resolu- successful way legislation is typically fidence, the plan will fail. We will tion that passed this Chamber in considered in the HELP Committee. never overcome the objections that March, the Senate version, was silent We often work in a bipartisan way that will be raised. on reconciliation. Reconciliation is in- results in much of our legislation being Misusing the reconciliation process cluded in the House budget resolution worked out to achieve strong support to get a health care bill or higher edu- and was, therefore, an item we resolved from both sides of the aisle. Laws such cation reforms is not the right ap- during the conference process. as the Pension Protection Act and the proach. It conflicts with the new bipar- The conference agreement provides Head Start reauthorization were hun- tisan spirit the President has promised. reconciliation instructions to the Fi- dreds of pages in length, and they This is a disappointing day in the Sen- nance Committee and the HELP Com- passed the Senate with little debate ate. Moving a health care reform bill mittee on both health care reform and and by huge margins. through reconciliation rehashes what higher education. I serve on both com- I am deeply disappointed that the we have been suffering from—the mittees, and as the ranking Republican final budget resolution paves the way PELOSI war cry: We won the election, on the HELP Committee, I do have ex- for a partisan process, particularly on we get to write the bills. That is not pertise on the issues at the heart of the these issues that are important on edu- right. This kind of partisanship dis- debate. cation and health. I have to say that enfranchises millions of Americans— I also have a track record of legisla- the most radical on both sides will not just Senators, millions of Ameri- tive accomplishments and getting bills favor this. The far-left Democrats see cans—and it is wrong. They are looking across the finish line. It doesn’t do any this as a way to do it their way. The for commonsense solutions, not party good to just debate them. If they don’t far-right Republicans see it as a way to messages. get finished, it never helps anybody. I delay it so it doesn’t get done because The American people deserve a good work on getting them across the finish they will be able to cause confusion bipartisan bill that will work. Using line. The way to do that is to focus on with the amount of time that is in- reconciliation will make that impos- the 80-percent rule. That means focus- volved. That will be bad for both sides. sible. While I expect that Chairman ing on the issues where there is general It won’t work for the American people. CONRAD has the votes to adopt this agreement 80 percent of the time rath- That is why it won’t work for either conference agreement, I am going to er than the 20 percent of the issues side. That is why we have to be cen- urge my colleagues to oppose the reso- where consensus is not likely. On that trist on this and pull together 75 or 80 lution and on the basis of needing to 80 percent, you have to pick out the 80 people who can agree on these issues. have good health care reform done the percent of the issue that everybody can That will take time in committee. If right way with everybody working on agree on and find another way, a new we do the proper amount in committee, it. That is exactly how it has to be. It way of doing that other 20 percent. it will take less time on the floor. We cannot be just one side. Anybody who Then you can reach the goal. If you are have proven that with past legislation. opposes health care reform—unless it is divided at the beginning, you won’t get To just throw out this little bomb that because it was rushed through with the 80 percent, let alone the other 20. It says we are going to do this in a very just one party listening—will suffer takes time to keep everybody calm and short period of time really affects the too. If we get everybody together, we focused and listening. It takes time to ability to work closely together. can come up with a plan that will reach solutions, particularly on the 20 One truly difficult challenge this work. I regret that ever made it into percent where you are trying to come Congress has to address is how to get the budget. I still cannot believe that up with a new way, where neither side control of America’s exploding health could be a part of it—the House, that loses face, and get a result. care costs. Simply throwing more does not need it, imposing it on a Sen- What we have is a situation where money at the problem is not a solution. ate that knows better. the House of Representatives is dic- Real health care reform has to be bi- Madam President, I yield the floor tating the Senate process. How did rec- partisan. It has to have a full and open and reserve the remainder of our time. onciliation instructions make it into debate. If we enact the wrong health The PRESIDING OFFICER. The Sen- the conference report after so many care fix, we will worsen our budget cri- ator from North Dakota. powerful Senate Democrats—the Budg- sis. Enacting reforms without reducing Mr. CONRAD. Madam President, very et Committee chairman, the Finance costs represents an unsustainable briefly because I see Senator GREGG is Committee chairman, the HELP Com- promise that the American people will in the Chamber, and I know he is on a mittee chairman, all of the committees long regret. very tight timeframe. involved in this—opposed using rec- It is taking us time to do these I very briefly say to the Senator from onciliation and said they would fight roundtables and hearings. Yesterday, Wyoming, I do not favor reconciliation to keep it out of the budget? How did Massachusetts, Vermont, California, for writing health care. I, personally, that many important people get rolled and Utah talked about their experi- do not believe it will be used to write on this thing? How did that happen? ences. We learned a lot. Both sides health care reform. It is here as an in- They said they opposed it, but it winds learned a lot. They have learned a lot. surance policy. I think virtually every- up in there. The States are really laboratories for body who has been engaged in the de- The House Rules Committee can the Federal Government. What works bate publicly and privately has now allow large, comprehensive bills to be at the State level might have some concluded it is not the preferred alter- cleared in a single afternoon. They transformation to the Federal level. On native for writing health care. don’t need it. They can do it irrespec- the other hand, if we take it all at the One of the things we did do is push tive of whether the bill is designated as Federal level and we do one-size-fits- back the date to October 15 for the reconciliation legislation. However, in all, we can damage efforts that can be committees to act to give them more the Senate, without privileged designa- done at the local level. The local level time to work under the regular order. tion, it could take a week or more to is where people live. Chairman BAUCUS has made an abso- consider the same legislation. It does Health care reform is too big an issue lute commitment to try to do this in take longer over here. That is because to advance with procedural shortcuts. the regular order. I have done the we want to get it right. Using the rec- There never has been a bill with as same. The majority leader has done the onciliation process does not allow for a many moving parts that affects as same. full and open debate in the Senate. It many people as health care reform will. I sincerely believe health care can does not allow a thorough vetting and To get a workable solution, it will re- and should be written without using amendment process. Its fast-track na- quire the effort of everybody in the the fast-track process of reconcili- ture shuts out Members, particularly Senate. We can bring them together ation. It is true it is here as an insur- from the minority party. It also shuts and do that. If we can’t come up with ance policy, as a backstop. I would out centrist Democrats. So it is a dec- a plan that will garner the support of have strongly preferred it not even be laration that Republican ideas and cen- at least 75 or 80 Senators, this institu- that. But let me say, when it is the trist Democratic ideas are going to be tion will not gain the confidence of the President of the United States, the left out of the mix. It is counter to the American people. Without that con- Speaker, the majority leader here, it

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.023 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4849 gets fairly lonely as a conferee. But I says this in all sincerity; I know he As we have mentioned on numerous do wish to say to the Senator, I agreed says it in all sincerity—he believes rec- occasions, but which is accurate and with so much of what he said. He is onciliation will not be used in health needs to be repeated, they double the going to be a major player in health care, it can be used and will be used on size of the debt in 5 years, they triple care reform. He already has been—cer- health care if the President and the it in 10 years, and they leave our chil- tainly in the CHIP legislation. majority leader and the Speaker of the dren with a debt which is 80 percent of I believe there is going to be a full House want it to be because that is GDP—a public debt which is 80 percent opportunity to write it the way it why they put it in. of GDP. should be written, which is in the com- In addition, the idea it will not be The practical effect of having a debt mittees of jurisdiction, with both sides used to raise the national sales tax on that is 80 percent of GDP is that basi- fully participating. That is the best energy or a light switch tax, which is cally you have a nation which cannot way and the right way to do it. what is being proposed relative to the sustain its obligations of debt. Today, The PRESIDING OFFICER. The Sen- carbon tax, that also probably does not our public debt to GDP is about 40 per- ator from New Hampshire. apply because the language of the bill cent. If you wish to get into the Euro- Mr. GREGG. Madam President, pick- is not binding. It simply says it is as- pean Union, your public debt can only ing up on the comments made by the sumed. ‘‘Assumed’’ is a pretty weak— be 60 percent of GDP. Under this budg- chairman—and I fully accept his sin- in fact, I cannot think of many words et, we are going to 80 percent of GDP. cerity and his belief and his desire not that are any weaker than the term ‘‘as- Latvia could get into the European to use reconciliation, but that is not, sumed.’’ It is assumed reconciliation Union, but we could not under this as he said, the position of the Presi- will not be used in the area of climate budget. That is what is going to hap- dent, the Speaker of the House, and the change legislation, which means it can pen. It is not a question of some sort of majority leader. I think we can assume be used in the area of climate change theoretical event. Under the spending if those three folks want reconciliation legislation and probably will be if there program of this budget—and because to be used, it is going to be used. is a determination by those folks who the Congress is now totally controlled The practical implications of rec- want to push that issue to do so. by the liberal side of the aisle and be- onciliation are to devastate the con- It is ironic this bill—for which we cause the President is of that party— stitutional prerogative of the Senate. have had two major votes in this Sen- this is going to happen. It is not like it The purpose of the Senate is to debate, ate that said: Do not use reconciliation is not going to happen. It is going to discuss, and then amend items of for the purposes of climate change—has happen. major—major—policy. in it such weak language on that issue, What is driving these massive defi- The point is, reconciliation was put basically opening the door to using rec- cits? Primarily, it is massive spending into this document, which we just re- onciliation for the purposes of climate increases. It is not too tricky an issue. ceived, for the purposes of muzzling the change. Under President Obama’s budget, and minority and making the Senate into But the reconciliation issue, as seri- under the budget that is brought here having the same status, from a par- ous as it is—and it is a serious issue be- by our colleagues on the other side of liamentary procedure standpoint, as cause it goes to the purposes and the the aisle—although they tried to obfus- the House, where amendments are not role of the Senate, in my opinion; and cate the spending; at least the Presi- allowed, where discussion is limited, it also, in my opinion, will undermine dent is forthright about his spending— and where an up-or-down vote is the the quality of the product produced in the spending of the Federal Govern- only option given to the membership. the area of health care or climate ment goes up dramatically. It is not only a terrible idea from the change—is not the core problem with This chart I have in the Chamber standpoint of the impact it has on the this budget. The core problem with this shows, historically, Federal spending constitutional role of the Senate— budget is it spends too much money, it has been about 20 percent of GDP. That which has been explained very effec- raises and creates too much debt, espe- is about what we can afford, histori- tively by people such as Senator BYRD cially on our children’s backs, and it cally, because our revenues are a little as being a place where we are supposed raises and spends too much in the way bit below that—19 percent of GDP. to give the minority the capacity to of taxes. It is going to have a dramatic Under this proposal, the spending goes make points and discuss matters of impact on the quality of life in this Na- up radically in the next year, year and high policy and complex issues in an tion as it plays out, as it is creating an a half, and then it comes down as a re- open forum with the ability to amend— unsustainable government, a govern- sult of the end of the recession and but it is also a very difficult way to ment which neither our generation nor then it starts going up again. But it proceed on an issue of such complexity our children’s generation, nor our chil- never comes down that much. It is 23 as health care reform or the climate dren’s children’s generation are going percent, 24 percent, 25 percent of GDP. change issue. The practical effect of to be able to pay for because it is going The problem is spending. The Presi- using reconciliation will be that a bill to increase in size so much and create dent is very forthright about this. He will pass in this Congress, especially in so much in the way of deficit and debt, says he believes strongly—and his this Senate, which the American peo- which will have to be paid for by our party, obviously, agrees with him— ple will know is not fair. They will children and our grandchildren. that you should significantly increase know it is not fair because there will To try to put this in perspective, the the size of the Federal Government, have been no ability for the minority budget basically raises discretionary that you should significantly increase or for people who disagree with the spending by $1.5 trillion. We are going spending because if you increase the way the bill was written down at the to hear some arguments from the other size of the Government, if you move White House to object to it or to side of the aisle that: No, it does not do the Government to the left, if you in- amend it. that. I will get to that in a second. crease its spending, you create pros- That type of legislation—major They are essentially doing the Obama perity. He believes governments create health care legislation, which affects budget, the President’s budget. The Di- prosperity. every American—in order for it to be rector of OMB says there is virtually Well, we do not agree with that. We effective and in order for it to be ac- no difference between the two. They think the way you create prosperity is cepted by the American people, needs are 98 percent the same. having a government you can afford. to be perceived as, and really be, a fair Essentially, they are raising discre- That does not mean you eliminate Gov- document, reached through com- tionary spending by $1.4 trillion, man- ernment. It means you have one you promise, with the purposes of having datory spending by $1.1 trillion, and can afford. The proposal here is not for all the different stakeholders at the raising taxes by $1.5 trillion. In fact, it a government you can afford. It is just table in order to discuss the issue. Re- may be a lot more. They are making the opposite: a government we cannot grettably, that is not going to happen absolutely no savings in the area of afford, a government that is not sus- under the reconciliation instruction. spending accounts, which are critical tainable. The way to create prosperity I would note that even though the to getting this deficit down and under is by having a government you can af- chairman has said—and I am sure he control. ford and giving individuals the ability

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.027 S29APPT1 smartinez on PROD1PC64 with SENATE S4850 CONGRESSIONAL RECORD — SENATE April 29, 2009 to go out, make investments, takes this debt, thus reducing the value of the deficit to $500 billion. We have re- risks, and create jobs. That is how you the dollar, eliminating savings of most duced it by half or three-fourths or create prosperity—not by radically in- Americans and creating an economic whatever they want to claim. That is a creasing the size of Government, radi- tax of inordinate proportions through little hard to sell to anyone with any cally moving it to the left, which is ex- massive inflation; or taxes on all common sense. When the deficit is run actly what is proposed in this budget. Americans will have to be significantly up to $1.8 trillion or $2 trillion and All this new spending leads to a mas- increased at a rate that we have never then brought down to $500 billion, that sive increase in debt. In fact, one of the seen in our history—other than in is not moving forward, folks; that is more interesting statistics—because I World War II—a rate which will essen- taking six steps back and one step for- noticed the chart of my colleague from tially mean Americans would not be ward and claiming that we are moving the other side relative to George able to go out and buy a home. They forward. We are still going backwards. Bush—this President dwarfs—dwarfs— would not be able to go out and send This budget goes backwards at an what President George W. Bush did in their kids to college. They would not atrocious rate. It goes backwards at an the area of adding debt to our chil- be able to buy that car or live that life- atrocious rate, and it doesn’t even tell dren’s backs. It dwarfs that. If you style our generation had. us how much it goes backwards be- take all the debt created in this coun- With the debt at 80 percent of GDP, cause they hide so much of their spend- try since George Washington through it will mean for the first time in the ing and their costs underneath the rug. George W. Bush, President Obama’s history of our country, one generation In the area, for example, of the doc- budget—and the budget which is being will have passed on to another genera- tor fix—we all know around here what brought here by the other side of the tion less of a nation—less prosperous, the doctor fix is. The doctors in this aisle, if it were honestly scored and less strong, less opportunity. Totally country get reimbursed under Medi- correctly accounted for, which would unfair, but that is exactly what will care, but we have this stupid, arcane be essentially the same as President happen. There is no way around this. rule around here which every year cuts Obama’s budget—doubles the amount Their budget locks us into this path. the doctors’ reimbursements by some of debt that has been put on our books They themselves admit it is not sus- amount, and now it is up to 20 percent. by all the Presidents in all the history tainable, but that hasn’t caused them So every year we have to fix that. It is of this Nation. That is a tragic event to hesitate in going forward, and going an expensive fix, but we do it every for us, but it is an even more tragic forward in an aggressive way to expand year, so we know we are going to spend event for the next generation. the size of government and not pay for that money to fix that arcane rule that I hear the other side constantly talk- it and leave our kids with these mas- ends up cutting doctors’ reimburse- ing about what President Obama inher- sive debts. ments arbitrarily and unfairly. ited. Yes, he inherited tough times. I think it is appropriate at this time The President’s budget accounted for But the issue is not what he inherited. to also talk a little bit about the spe- that. They accounted for that fix. Does The issue is what he is going to be- cific budget before us, which is the this budget account for that fix? A queath, what he is going to leave the compromise between the House and the very small part of that fix—a very next generation. What he is leaving the Senate budget because there is so much small part of that fix. They leave out next generation is an unsustainable misdirection and disingenuousness about $50 billion of that fix. Government. You do not have to listen about this budget that it is staggering. In the area of the alternative min- to me to believe that. The chairmen of I give the President of the United imum tax, we know the alternative the Budget Committees on both sides States and his people credit, including minimum tax wasn’t supposed to apply of Congress—on the House side and the Director Orszag and OMB. They at- to 20 million Americans; it was only Senate side—have said the budget, as tempted to send an honest and supposed to apply to a small number of presently proposed, is unsustainable in straightforward budget where they ac- Americans who make a huge amount of the outyears. Their budget is tually told us what was going to hap- money who could avoid paying taxes unsustainable in the outyears. Of pen and what the costs were going to because they used tax avoidance mech- course, they eliminate the outyears. be. They put in one big gaming mecha- anisms. But because of the failure to They only did a 5-year budget. The nism in the area of defense where they index that system, we now have 20 mil- President did 10 years. They took off assumed $1.6 billion of spending, which lion Americans who will be subject to the last 5 years so they would not have everybody knew wasn’t going to occur the alternative minimum tax if we to talk about it. But it is not going because they counted on the war costs don’t fix it every year. away at the end of 5 years—still grow- going on for 10 years at their present So what do we do? Every year we ing, still out of control. And it is levels—and we all know that is not eliminate the application of that tax to unsustainable in their own terms. going to happen—and then they those 20 million Americans because it Why is it unsustainable? claimed savings when those war costs was never supposed to be there to begin This chart shows the bottom line of were reduced. That was a fairly big with. But what does this budget do? why it is unsustainable. It is called the item. But outside of that item, for the The President had the integrity to say debt. To quote one of the sages and most part they gave us a budget that he was going to do that throughout his oracles around here: ‘‘The debt is the had integrity to it in the area of what budget. They were not going to assume threat,’’ and the debt is just going up it really was and what it was really the revenues from the alternative min- and up and up. It is an unsustainable going to cost. imum tax because they knew for a sur- situation. This budget which was just sent to us ety that they were not going to get What does ‘‘unsustainable’’ mean? is just the opposite. It is filled with those revenues because every year we That is some sort of term we throw out gamesmanship, with stuffing spending repeal that tax that applies to those and people don’t really catch on. What under the rug so we don’t notice it, folks. So what do they do in their does it mean? It means the average with tools that avoid enforcement budget? American family at the end of the mechanisms, and with things such as Unlike the President, they don’t ac- President’s budget will have $130,000 of the reconciliation instructions, which count for all the alternative minimum new debt—every family in America— are a total adulteration of the congres- tax. They score some of that revenue that they will have to pay for as part of sional process when it is used relative to themselves, taking advantage of the Federal debt. It means the average to a public policy issue as big as the that revenue. So instead of having the American family will have $6,000 a year question of health care. full cost of the alternative minimum of interest payments on that debt for Let’s note a few of the things they tax in their bill, they have a small per- which they will be responsible. It have left out of their budget to get to centage of it—not a small percentage means our children will inherit a gov- their alleged number. Remember, their of it; about half of the cost accounted ernment which will cost them so much alleged number is around $500 billion of for in the bill. So they leave out a big that basically one of two things will deficit in the fourth and fifth years, number relative to the alternative happen to them: The economy will and they pound their chest in great minimum tax—about $70 billion—or have to be inflated radically to pay off praise of themselves: Oh, we reduced about $80 billion, actually.

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.028 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4851 Then the TARP, the President asked tells them to extend it, they are going spending is misrepresented in the bill for more TARP money. It certainly to extend it. and the taxes are misrepresented in the looks as though, when you listen to all Why do they not put it in here? They bill. of these things coming out of the White don’t put it in because they want to Then they have the temerity to use House, that they are going to need make their bottom line look better— the phony 920 number. We all know 920 more TARP money. They put that look better. Then they actually skim is a phony number. This is an account TARP money in his budget; they leave down the middle-class tax relief. They we set up, and when we claim savings, it out. No, no TARP money. Well, have already scored the fact that they we put things into 920. In other words, maybe arguably they will not step up are going to tax wealthy Americans— I am going to increase spending on the when the President asks them to and alleged wealthy Americans—people XYZ program because I like XYZ. Well, finance the issue of how we maintain making more than $250,000. They have where do I get the money for that if I our financial stability as a country rel- already scored that and taken in that am going to try to stay revenue neu- ative to our financial system, but I sus- money. tral? I am going to get it out of ac- pect if the President asks for TARP, it Remember, most of those people, the count 920. I am going to spend $40 bil- will be allocated, and they should have vast majority of those people, are basi- lion on the XYZ program and the offset scored it. At least the President did cally running a small business, and is going to be account 920. Account 920 that. when we raise their taxes, what can’t is an account that for all intents and Budgeting for disasters: We know we they do? They can’t expand their small purposes leads to a cut around here. It have disasters. The President knows we business. They can’t add jobs. They are never leads to anything. It is not spe- are going to have disasters. It appears the engine of jobs in this country, by cific. It should come out of all ac- the House Democrats and the Senate the way. So they are going to tax counts. It never happens, but they were Democrats don’t know we have disas- them, take their money away from a little off in the numbers they wanted ters, or if they do, they decided not to them, put it into the Government, ex- to get to, so they did a 920 account in budget for them because they left those pand the size of the Government on the their budget to the tune of, I think, $40 numbers out in order to get to a better allegation that the Government can billion or more—$48 billion. number on their deficit figure. create prosperity, not small business. All of that added up, and their real Health care reform: We know we are Small business doesn’t create pros- number, their real deficit numbers— going to get health care reform. We are perity as far as our colleagues on the the numbers that the President actu- going to get it through reconciliation other side of the aisle are concerned. ally had, ironically—come out pretty probably. They are going to ram it No, no, they tax them. No, it is the close to the same. If we put back in all down the throats of this Congress. It is Government that creates prosperity, so the stuff they have hidden under the going to be their bill, and we know let’s take more money from small busi- rug, all the stuff they claimed they are their bill scores at $1.2 trillion over 10 ness, move it over here and give it to not going to do, which we know they years. That is how it scores. The Presi- the Government, and we will create are going to do, we come back to def- dent had the integrity to say he would prosperity for Americans. icit numbers which are almost exactly put half of that in here. He put in $650 Well, tell that to the person who is what the President’s deficit numbers billion of that cost into his budget. running the restaurant or running the are. Does it appear anywhere? No, it garage or has a little software com- There is no $500 billion deficit in the doesn’t. The Democrats in the House pany who would like to use his money fifth year; it is $924 billion—if you put and in the Senate, they are not going or her money in order to reinvest it so back in what they have hidden, to pay for health care at all. They put they can actually hire some more peo- claimed, obfuscated, manipulated, and in this euphemism of a reserve fund ple and actually produce some value in generally tried to play games with that claims they are going to pay for this society, versus expanding the Gov- around here. it, when we know that is about as like- ernment and creating more consultants So the President’s numbers were ac- ly as their use of pay-go to enforce any and more people who are out there curate. He deserves credit for that. But spending around here. spending money in a very inefficient this budget is a fraud on its baseline The Make Work Pay tax credit, one way, for the most part. But that is numbers. The reason this is important, of the premier items of the President, their policy. They won the election. besides the fact that there is actually remember; we hear so much about how Fine. But in winning the election, they $400 billion of spending almost every there is not going to be a tax increase also said they weren’t going to tax year that is not accounted for in this on working Americans. Well, let’s middle Americans. budget, is that the deficit, at these point out the fact that working Ameri- Well, look at the document. There is numbers, is around 5 percent of GDP. A cans are going to get hammered pretty $180 billion of taxes on middle-income deficit of around 5 percent of GDP and hard under this bill in the area of tax Americans which they do not define a public debt of around 80 percent of increases. First, they are going to get from where it comes. They simply say GDP leads you to being a country that hit with a carbon tax, and a carbon tax it is there. It is in there somewhere. is essentially unsustainable in its fiscal is essentially a national sales tax on Well, somebody is going to have to pay policy. It leads to a nation where the the production of electricity and the it. I think it is pretty safe to say it is dollar loses its value, where our debt use of electricity. So if someone uses going to be working Americans who are cannot be sold, where inflation is electricity in their home and turns on going to have to pay that $180 billion. rampant, tax policy is basically so their light switch, they are going to Why did they raise those taxes on heavy that productivity is signifi- get hit with a carbon tax. working Americans? Why did they go cantly stifled. They want to hide that The estimates of that tax are huge— back on their campaign promises, both number. At least the President had the huge. MIT did a study and said it is in the Make Work Pay area and in the integrity to admit that. The House and $300 billion a year, massive numbers. It taxing working Americans? Well, they Senate Democrats have tried to hide is $3,000 per household if we take that did it so they could make their bottom that. study and just divide the number of line number look better than the Presi- There is one other point that needs households into the cost of the study. dent’s. At least the President had in- to be made here, because of the foolish- But independent of that tax, which tegrity. He had honesty. He came to us ness of the statements about how they doesn’t appear anywhere in this budg- and said: I am going to extend Make are going to reinstitute a real pay-go. et, by the way, other than the fact that Work Pay. I am going to have a mid- You know, I understand that the Blue we know it is coming through some re- dle-class tax cut. The other side of the Dog Democrats on the House side come serve fund, alleged reserve fund—they aisle, the Democrats in the House and from districts where their people ex- wipe out the President’s Make Work the Senate don’t play by those rules. pect them to be fiscally responsible. Pay tax credit which he asked to be ex- They play by the old rules of let’s ob- They have gotten on this banner of tended. They assume it would not be fuscate, hide, sequester money and pay-go. They say we are going to assert extended. Why? They know it is going make it look as if we are saving money pay-go. That will be the rules that to be extended because if the President when we absolutely know for sure the guide us, and we will make sure all the

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.029 S29APPT1 smartinez on PROD1PC64 with SENATE S4852 CONGRESSIONAL RECORD — SENATE April 29, 2009 spending is paid for and the tax cuts to pay for the health care, which is centage of GDP, from 4.4 percent in are paid for. That is called pay-go. possible. I am not saying it is going to 2010 to 3.4 percent in 2014. That is not They say that as a mantra, to the point happen, but it is possible while using a big spending budget; that is a tough where it has become a term of art that reconciliation. budget that reduces the share of our implies you are fiscally responsible. That brings me back to my closing national economy going to Federal do- Look at this budget. My colleagues point, which I want to reiterate. It is mestic discretionary spending. On non- on the House side, who are Blue Dogs, about debt. It is about the fact that defense discretionary spending, in dol- claim to wrap themselves in the banner when this is all said and done, when all lar terms, over the 5 years of the budg- of pay-go, but they have no banner on the smoke has risen, there will still be et, the spending is increased, on aver- their pole. There is no pay-go in this burning a massive explosion of Federal age, by 2.9 percent a year. That is less bill that will have a significant impact. debt, an explosion so large, increases so than the growth in national income. In fact, the budget passed by the House dramatic, that I don’t see any way out That is why the share of domestic dis- and Senate put in place policies that from under it with this budget. I am so cretionary spending as a part of our would obfuscate pay-go to the tune of concerned about where this takes our economy is going down under this approximately $2.4 trillion. So on the opportunities as a Nation. When you budget. face of this, they have ignored pay-go pass on—and it is not that far away be- The Senator said that somehow there in their own budget. The ultimate in- cause we are talking 2013, 2014, when we is a $180 billion tax increase in this sult is that the most significant public start getting big numbers. When you budget. Where? I mean, he made this policy event we are going to do, prob- pass on a deficit of 4 to 5 percent of same assertion last year. He said the ably in the term of anybody in this GDP, a debt of 60 to 80 percent GDP, budget last year was going to increase Congress, going back to the beginning where do we go as a Nation? Let’s taxes. What happened with last year’s of ROBERT C. BYRD’s term, forward to think about that for a minute. How budget? Did it increase taxes? No. It the end of probably the youngest Mem- does a nation get out from underneath cut taxes by hundreds of billions of dol- ber of the Congress who is serving to- that? Doesn’t the world start to look at lars. That is what this budget does. day’s term, which is the issue of re- us and say, my God, has America lost This budget cuts taxes, on balance, writing the health care system of this its way? Is it no longer capable of dis- over 5 years by $764 billion. That is a country—17 percent of our GDP—the ciplining itself and living in a respon- fact. That is not made up for the con- single most significant public policy sible manner? When they say that venience of a political debate. That is a event we will ever undertake—affect- about us, where does our Nation end fact. Taxes are cut under this budget ing every American everywhere, at all up? Where do we leave our children? $764 billion. different levels, they formally, by law, It is a serious issue. Yet it is right On reconciliation, I must say the waive pay-go in this bill for that exer- here, and this budget is the point. If we speech by the Senator is beyond the cise. pass this budget in its present form, pale. He acts as though reconciliation The Blue Dog Democrats in the with the outyear spending and outyear is against the Constitution of the House say we have the pay-go protec- debt, I don’t know how we get out from United States. Well, it is interesting tion. Nobody who is being forthright behind it. what he had to say when the shoe was with their constituents should go out I yield the floor. on the other foot. When the shoe was and claim that pay-go is going to be a The PRESIDING OFFICER (Mrs. on the other foot in 2001, and he wanted disciplining event. It isn’t, hasn’t been, HAGAN). The Senator from North Da- to use reconciliation, what did the Sen- and will not be—especially on the most kota is recognized. ator say then? Unfortunately for the significant issue we confront, which is Mr. CONRAD. Madam President, I credibility of his speech here, we have the question of health care reform. found the presentation of my col- the RECORD. We know what he said We have already talked, of course, league, for whom I have great respect— then. Here is what he said then: about reconciliation and the affront but on this presentation I found it Reconciliation is a rule of the Senate, set that is to the Senate procedures and highly entertaining, and it bears al- up under the Budget Act. It has been used be- the constitutional role of the Senate. fore for purposes exactly like this on numer- most no relationship to the document ous occasions. The fact is, all this rule of the But it should be noted that using rec- that is at the desk. Senate does is allow a majority of the Senate onciliation also creates the situation It is very interesting, if you read the to take a position and pass a piece of legisla- where you can run through a massive charts that the Senator presented, tion, support that position. Is there some- tax increase, such as the carbon tax, they all relate to the President’s budg- thing wrong with majority rules? I don’t and use it to pay for health care re- et. You notice they don’t relate to the think so. form. Don’t think that that is not budget that is before us. The fact is So when they wanted to use rec- being considered around here. Assum- that we made significant changes in onciliation, it was a rule of the Senate, ing that reconciliation won’t be used in the President’s budget, because after and it simply allowed the majority to that area is an optimistic projection, the President presented his budget, we work their will, and there was nothing because the majority leader has al- learned in the Congressional Budget wrong with it. Now when we have a rec- ready said publicly that—and I am forecast that we were losing $2 trillion onciliation instruction as a backup, as paraphrasing—isn’t it interesting that of revenue because of the economic an insurance policy, now it is somehow the revenues from the carbon tax, or slowdown over the next 10 years. So we against the Constitution. Please. That the national sales tax, light switch tax, made a series of very significant ad- is not going to stand up against the pretty much is what we need in order justments to respond to that reality. Senator’s own record. The fact is that to do the first few years of the health In fact, over 5 years alone, we reconciliation has been used 19 times— care bill as we see it. changed the Obama budget by $555 bil- 13 by the party on the opposite side. I So offsetting those two has obviously lion. Not one dime of that was reflected didn’t hear and see crocodile tears from been an idea that has presented itself in the Senator’s charts. They say if you them about how it threatened the Con- to the majority leader, and he wields are a lawyer and if you have the facts, stitution. In fact, the Senator de- significant authority here. He was able argue the facts; if you have the law, scribed it then as a simple Senate rule to keep reconciliation in over the ob- argue the law; if you have neither, at- that allowed the majority to rule. jections of our chairman, allegedly, so tack your opponent. That is what we I take great offense to the suggestion I know he is powerful, because the have heard. They don’t have the facts, that this budget is made up. This budg- chairman is extraordinarily powerful. they don’t have the law, and they cer- et is not made up. It is scored by the When two powerful forces meet, if one tainly are not talking about the legis- CBO, which is nonpartisan. This budget of them survives, we know that one is lation before us; so they launched an does precisely what I have presented it really powerful. We know the majority ad hominem attack. as doing. It reduces the deficit by two- leader is really powerful because he Let me go back to the facts, because thirds over 5 years. As a share of GDP, was more powerful than the chairman they are stubborn things. On spending, it cuts the deficit by three quarters. on the issue of reconciliation. So that let’s be clear. This budget takes domes- The Senator says, you have hidden the is serious. We could use the carbon tax tic discretionary spending, as a per- doc fix, which is this. We know doctors

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.031 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4853 who treat Medicare patients are sched- Senator offer an alternative? In 2001, early to see most of the effects the dif- uled to take major reductions. We have when I thought the Bush budget was fa- ferent pieces of legislation the Presi- not hidden a thing. We have said that, tally flawed, I offered an alternative on dent has signed into law will have on after 2 years, fixing the downward spi- the floor of this body. This year, the America. However, we do know one ral on doctors’ reimbursement for Senator has offered no alternative. All thing: It sure has cost a lot. those who treat Medicare patients will he offers is complaints and misrepre- The price tag for the so-called stim- have to be paid for. That is not hidden; sentations and a rewriting of history. ulus bill was over $1 trillion, if you in- that is very clear, direct, and it is what The debt is on an unsustainable clude the interest. The cost of the Om- we should be doing here—paying for course. Why? Because the previous ad- nibus appropriations bill was about things. ministration doubled the debt, tripled $410 billion. What does this mean? It When we found we were in a cir- foreign holdings of U.S. debt, and put means that over these first 100 days, cumstance in which we had $2 trillion us on a course in which we face the President Obama has spent an average less than the President had to write a worst recession since the Great Depres- of $12 billion a day. That is a stag- budget, we had to make changes, and sion. That is why the debt is bur- gering rate of spending. We cannot con- we did. We made responsible changes. geoning. It is not as a result of this tinue to manage our Nation’s finances One of the changes we made was to say budget document. This budget docu- like this. that, no, doctors should not be cut. We ment moves the deficit down, reduces The budget proposed by the Obama will provide the money in this budget it by two-thirds over the next 5 years. administration several weeks ago is no for the next 2 years so they are not cut. We inherited a colossal mess—colos- more responsible than these other bills. But after that, additional fixes would sal. To suggest this President is re- It spends too much, it taxes too much, have to be paid for. That is what we sponsible for this colossal mess after he and it borrows much too much. have to start doing around here—pay- has been in office 100 days does not I have mentioned these numbers be- ing for things. stand the test of truth and will not fore, but they are worth repeating. The And there is the alternative min- stand any scrutiny. We all know how President’s proposal will double the imum tax. We have said in this resolu- we got to where we are. The previous publicly held national debt to more tion that the alternative minimum tax administration doubled the debt of the than $15 trillion. Annual spending should not be imposed on anybody, and country at a time when the economy would leap from $24,000 per household for the next 3 years it can be done was relatively good. Unfortunately, to $32,000. This plan would also raise without offsets, without paying for it, when they left office, the economy was taxes by $1.4 trillion over 10 years. because we don’t want to raise taxes in the worst shape in 60 years. History Those are not my numbers. I didn’t during a time of economic downturn. will not treat the previous administra- make them up. The people hired by the But after the 3 years, further moves to tion and their supporters on the Hill Democrats, the Congressional Budget prevent the AMT from being imposed gently or kindly because they put us in Office, picked by Senator REID, Speak- have to be paid for. this ditch. The President is seeking to er PELOSI and one member of the Fi- The same is true on TARP funding. nance Committee and one member of The Senator said we excluded TARP lift us out of it. I thank the Chair and yield the floor. the Ways and Means Committee, Sen- funding. Yes, we did because we could The PRESIDING OFFICER. The ator BAUCUS and Congressman RAN- not pass $250 billion of TARP funding Chair lays before the Senate the fol- GEL—those are the people who picked after the way TARP has been handled lowing message from the House of Rep- CBO’s Director, and those are his num- in the first round. It would not pass. resentatives, which the clerk will re- bers. The President said put it in as an in- port. The increase in debt is also stag- surance policy. He does not have a spe- The assistant legislative clerk read gering. The President’s proposal would cific proposal before us, in any event. as follows: double the debt held by the public in 5 But we did not include it here because The committee of conference on the dis- years and nearly triple it over 10. In it could not pass this body. fact, the proposal would create more On health care, the Senator suggests agreeing votes of the two Houses on the amendment of the House to the concurrent debt under every previous President this is going to add $1 trillion to the resolution (S. Con. Res. 13), setting forth the from George Washington to include debt. Not under this budget. Again, he congressional budget for the United States George W. Bush. failed to read the document. It makes Government for fiscal year 2010, revising the I know today we are not voting on very clear, if we are going to have appropriate budgetary levels for fiscal year the Obama proposal. However, I still health care reform, it has to be paid 2009, and setting forth the appropriate budg- think it is completely reasonable to for. The reserve fund he kind of glossed etary levels for fiscal years 2011 through 2014, discuss it. This proposal gives us a over is very specific. I can only change having met, after full and free conference, great insight into how President the allocations to committees if the have agreed to recommend and do rec- issue is paid for. I have no authority to ommend to their respective Houses this re- Obama views Government. We see he port, signed by a majority of conferees. change the allocation to committees wants to greatly expand it. He also no unless health care reform is paid for. The PRESIDING OFFICER. The Sen- longer is a member of the legislative On Make Work Pay, the President’s ate will proceed to the consideration of branch. However, he is the leader of the middle-class tax cut, in addition to all the conference report. party that controls the legislative the 2001 and 2003 tax cuts that are all (The conference report is printed in branch. We know he will have influence included in this budget, over $500 bil- today’s RECORD in the proceedings of on how legislation is written. lion of tax cuts for the middle class the House.) One of the most troubling aspects of that are in this budget, the President’s The PRESIDING OFFICER. The Sen- the document before us is the inclusion middle-class tax cuts that are over and ator from Kentucky. of reconciliation instructions for above those that were included in 2001 Mr. BUNNING. Madam President, I health care and education legislation. I and 2003, the so-called ‘‘make work rise to discuss the conference report on don’t want to talk about arcane Senate pay’’ provisions, they are already pro- the fiscal year 2010 budget. Unfortu- procedure today. However, this is an vided for in the stimulus package. That nately, I will not be able to support abuse of the process. Reconciliation is is already the law for the next 2 years. this legislation. As a member of the supposed to be used to return money to If it is to be extended, this budget says Senate Budget Committee since I have the taxpayers and the Treasury. It we have to pay for it. That is exactly been in the Senate, I spoke on this makes legislation that accomplishes what we are going to have to do to budget during the committee consider- this much easier to pass. These in- bring the deficit down. We are going to ation, and I also spoke on it while it structions require a total savings of $2 have to start paying for things. was on the Senate floor. I was unable billion. This is absurd because we know There are so many things that were to support it those two times, and I am health care reform and education legis- said that are in error about this budg- disappointed to say I will not be able to lation will cost much more than $2 bil- et, it is breathtaking. support it here either. lion. In fact, as we know from the num- I wish to conclude on this note. If Today marks the 100th day of the bers I mentioned above, the adminis- this budget is so bad, why didn’t the Obama administration. It is still too tration has spent $2 billion every 4

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.031 S29APPT1 smartinez on PROD1PC64 with SENATE S4854 CONGRESSIONAL RECORD — SENATE April 29, 2009 hours or so. This will not be any kind appointment in the outcome of the go to bed after a long night’s work and of significant deficit reduction. conference report, specifically the bla- wake up to find cap and trade is the Another worrying feature of this tant disregard of the will of a bipar- law of the land. What a rude awakening budget is the assault on small busi- tisan majority of this Senate. Madam that would be: his family facing a new nesses. President Obama admits that 70 President, 67 Members—67 of us—spoke $3,000 tax and his job in jeopardy of percent of job growth will come from with one voice in opposition to allow- moving overseas where no carbon tax small businesses. So why does this ing cap-and-trade legislation to be exists. And let’s not be fooled. There budget tax them out of existence? slipped into the law in a way that sti- will be tremendous pressure on the My colleagues on the other side of fles amendments and debate. committee to follow this exact path. the aisle claim they are only raising Almost 70 of us spoke, again in a very Many will want to avoid such incon- taxes on a handful of small businesses, bipartisan voice, to instruct the budget veniences as consultation with the but they ignore the fact that they are conferees to include our amendment in American people. After all, these dis- hurting the businesses that are respon- their report to ensure that the bright cussions would be very uncomfortable. sible for two-thirds of small business light of transparency shines on cap- Who would want the very unpleasant jobs. Small business jobs are key to our and-trade legislation. Yet that very job of explaining to the American peo- economic recovery. But look at what amendment, supported by 67 Senators, ple that they are going to be taxed the failed policies of this Congress have is nowhere to be found in the con- every time they turn on a light switch done for small businesses. ference report. So the door has been re- or start the washing machine or throw The so-called stimulus bill that opened to pass sweeping cap-and-trade clothes into the dryer? I can see why added over $1 trillion to our national legislation with a simple majority. some think it would be easier just to debt spends less than one-half of 1 per- The Budget Committee leadership slip the legislation through with no cent—one-half of 1 percent—on small did include report language about cli- transparency. businesses. Also, after mortgaging our mate change, but it really has no It is not just cap and trade that could future on the TARP bailout, 70 percent meaning. The sentence in the con- become the law of the land without a of the large banks have actually de- ference report states: robust debate. Budget reconciliation creased their small business lending. It is assumed that reconciliation will not could be used to pass universal health Now these small businesses that have be used for changes in legislation related to care. Some describe this as an insur- global climate change. been devastated by the economy and ance policy. Insurance policy for what? cannot get a loan to make payroll are In reality, this statement is not Don’t the American people, through going to be hit with a massive tax in- worth the paper on which it is written. their elected representatives, have a crease. How are these small business This assumption is made by people who right to use Senate procedure to exam- owners going to be able to hire even don’t have any control over the proc- ine this very important change? one more worker? This budget is an as- ess. Frankly, the Budget Committee My point is this: Many have risen sault on small businesses. It taxes too can assume whatever it wants, but the over the years to speak against rec- much, and it should be defeated. truth is that the majority leadership onciliation to pass complex legislation. I would like to mention energy policy can roll them at any time. Budget reconciliation is simply ill- before I conclude my remarks. And then what is our recourse? Well, suited to pass difficult, comprehensive Throughout this year’s budget debate, there is none. This Budget Committee legislation such as cap and trade or we have talked a lot about energy, par- assumption has no teeth whatsoever. It health care. ticularly a proposed cap-and-trade tax is simply a nice platitude to try to lull Well, what has happened is this: By proposal. At a time when our Nation’s us to sleep. mixing complex policy questions with energy needs are continuing to grow, Certainly you can understand my budget reconciliation instructions and we should turn our focus on how best skepticism. Sixty-seven Senators sup- the Byrd rule, you get a witch’s brew. to meet those needs while creating jobs ported an amendment that had real en- The result is a bizarre set of rules. You instead of taxing American families. If forcement teeth to shield the American could literally have a situation where a we act too rapidly by imposing carbon people from being railroaded in the taxes, all Americans will pay the cost dead of night. It would have ensured high bar would be set—a 60-vote re- through dramatic increases in utility open debate and the opportunity to quirement—to pass very noncontrover- prices. If enacted, a cap-and-trade rev- offer amendments on the Senate floor. sial, budget-neutral health care provi- enue program would institute one of Yet when the conference agreement re- sions, and yet—listen to this odd re- the largest tax increases in American turned, the amendment had been sult—major overhaul provisions which history. Every American will pay a stripped from the budget resolution to cost hundreds of billions of dollars sales tax whenever they turn the light ensure it appears nowhere—nowhere in would need just a simple majority. We switch on or start their car. This tax black and white. have reduced the Senate to not the de- will be untargeted and regressive. Even So today we must be on our guard liberative body but a body where lit- our poorest citizens will be hit by this again. Some might suggest we relax be- erally we get around the rules. tax. This is a dangerous policy, and I cause there are no reconciliation in- And that is where we will be. Some am startled by how much support it structions entitled ‘‘cap and trade.’’ In simple sections of the health care bill has received from this current adminis- fact, some will argue that because will require 60 votes, while the tax in- tration. there are no instructions from the Sen- creases and the extravagant spending So much for the President’s promise ate for the Committee on Environment provisions within the same bill will re- not to tax anyone making less than and Public Works at all, so there is no quire a simple majority. I challenge $250,000 per year. Maybe that is because need to worry; case closed. any Member to come to the floor and he knows he needs more money than he Don’t fall for it. Remember, the explain to me why that makes any can raise by taxing just the rich to pay House Energy and Commerce Com- sense. How unfortunate. It certainly is for all of his plans to make Govern- mittee has reconciliation instructions no way to legislate. It is not what I ment even a bigger part of ordinary in the final resolution. So the House planned on when I came to the Senate. Americans’ lives. could easily use these instructions to This situation will make a mockery of As I have outlined above, this budget enact cap and trade. They could gen- the work we do on this floor. has some problems. It spends too much, erate over $1 trillion for nationalized Allowing only 20 hours of debate on it taxes too much, and it borrows too health care or really for any other ini- this extremely complex issue will re- much. I urge my colleagues to join me tiative. They could go to the con- sult in very piecemeal policies with in support of fiscal responsibility by ference, and then, presto, cap and trade glaring weaknesses. Eventually, the voting against this piece of legislation. emerges from the conference with not a American people will catch up with Madam President, I yield the floor. single Senate amendment offered and this and say: What were you thinking? The PRESIDING OFFICER. The Sen- only 10 hours of debate on the Senate I am not interested in a band-aid so- ator from Nebraska. floor. lution. I am not interested in playing Mr. JOHANNS. Madam President, I Consider this: A hard-working Amer- politics with such an important issue. rise today to express my extreme dis- ican on the night shift could literally It is a game changer. I am interested in

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.034 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4855 being thoughtful and careful about our to the next, is the hope and belief that a middle-class lifestyle at best, but we approach to such important policy— the ones to follow—our kids and were happy. I never looked across the legislation that will affect the lives of grandkids—would have a chance to do street at the person who owned the big virtually every single American. better; that we would do what is right business in town and had the nice The budget rules were never intended and what is necessary on our watch so house as my enemy. They are not. to expand Government programs or to they would have a chance to do better. In a recession and a global economy be the catalyst for major policy imple- If this budget passes, you are going to that is on its knees, if we start raising mentation. The American people de- have a hard time looking the next gen- taxes on American business people, serve better than the course this budg- eration of Americans in the eye and they are going to look to take their et resolution is charting. saying: You are going to have a chance business somewhere else. To go from 35 I will also say that I don’t believe I to do better than people alive here percent to 39.5 percent on people who was elected to come here and assign today. earn over $250,000 is in theory more blame. Let’s just follow our rules, What this budget does is it doubles money for the Government, but it is starting today, and bring transparency the national debt. President Obama’s less money for the people who have to these complex issues. Debate them, proposal, a 10-year budget—I will give taken a huge risk to create a business. amend them, then cast our vote. him credit for making it a 10-year win- The day we start punishing people and I urge all Americans to pay close at- dow—triples the national debt. This rewarding the Government for the tention because I think we are on a budget creates more debt for America risks they take is the day America gets dangerous course. There is troubling in the first 100 days of the Obama ad- off track. potential for health care reform and ministration than every President Raising the capital gains rates, as climate legislation to constitute the since George Washington combined. We this budget does, from 15 to 20 percent, largest tax increase ever witnessed in have spent, in the first 100 days, $12 bil- will make it less likely that people will the history of this country. I ask the lion a day. We are running up the def- engage in entrepreneurial activity. But American people today, therefore, in icit and the debt at an alarming rate, one thing John Kennedy understood is, view of where we seem to be headed, to and we are growing the size of the Gov- low tax rates generate business activi- be vigilant. They have to demand hon- ernment in a way that future genera- ties that actually generate more esty. They must demand transparency. tions are going to have to pay for. money for the Government. So what we And demand that those in Washington The question for the country, if this are doing is raising taxes, and we are remember the principles of democracy budget passes, is this: Are we creating playing class warfare. and remember why we were sent here— a government that is sustainable by The defense spending in President to have great debates, to follow our the next generation? Can the next gen- Obama’s budget over a 10-year period rules, to amend where we can, and then eration, with this budget in place, have went to 3 percent of gross domestic to cast our vote. Unfortunately, this a chance of doing better than we have? product. It is about 4.5 or 4.6 percent budget resolution takes us on a dif- I don’t think so. I really don’t. And I now. That would put us on the low end, ferent course. never thought I would hear myself say in the Nation’s history, for defense Madam President, I yield the floor, that. spending. So liberals raise taxes, and and because I don’t see anyone else As we look down the road, we see how they cut defense at a time when I think queued up, I suggest the absence of a the budget explodes the national debt we can’t afford to do either. quorum. and the deficit—67 percent of the debt The world, to me, in the next 10 years The PRESIDING OFFICER. The held by the public as a percentage of is not going to be safer unless we act. clerk will call the roll. GDP. That is what happens under the Iran and North Korea are pursuing nu- The assistant legislative clerk pro- Obama budget in 2014. This is a 5-year clear programs that could jeopardize ceeded to call the roll. budget, and we have ignored some of our lives as we know it. The one thing Mr. GRAHAM. Madam President, I the things we know we are going to do I can tell you about Iraq and Afghani- ask unanimous consent that the order to make the numbers look better be- stan, we made plenty of mistakes, but for the quorum call be rescinded. cause the President’s budget was so we have the best trained, best equipped The PRESIDING OFFICER. Without large and so unnerving in terms of military in the world, and that really objection, it is so ordered. long-term indebtedness. does matter. We are going to win in Mr. GRAHAM. Madam President, The worst that Bush did—and we did Iraq if we continue the course we are could you inform me when 10 minutes not do a good job on our watch as Re- on, and we are going to turn Afghani- has expired? publicans—was to have a $500 billion stan around, but it is going to take The PRESIDING OFFICER. The deficit. blood and treasure. Chair will do so. The best this budget does, 10 years The one thing I am not looking for Mr. GRAHAM. I thank the Chair. from now, is about $600 billion, and we from an American perspective is a fair I rise today to speak about the budg- sustain trillion-dollar deficits for sev- fight. When we go to war—and some- et and the debate we are having in the eral years. But the percentage of pub- times that is required to protect the Senate about the budget. Quite frank- licly held debt relative to GDP, gross national interest—we need to go to ly, if you asked me to give a scenario domestic product, is going to be 67 per- win, and we need to overwhelm the that would best explain what a politi- cent down the road. That is Third enemy. We need to have technology cian thinks about life and politics, I World nation status. they do not. We need to have more would say: Let them write a budget. The budget is a 5-year budget. The troops than they do. We need to have When you give a political leader the numbers look better, but we have not equipment that can destroy their opportunity to sit down and spend done anything to fix the doctor reim- equipment without destroying our peo- money coming from the taxpayer, it bursement problem, the last 2 years of ple. That requires investment. The tells you a lot about their priorities, it the AMT fix are not included, and we whole world is reducing their defense tells you a lot about how they view the are expanding the Make Work Pay tax budgets. role of Government. And I am here to credit. What we have done is mask the Our NATO allies spend less on de- say that this budget is not good news real cost of what we know is going to fense combined than we do. Like it or for the American taxpayer. be there after 5 years. not, we are the arsenal of democracy, Today marks the anniversary of the The budget that was proposed by the and now is not the time to reduce the President’s first 100 days, and I think President triples the national debt and arsenal and to be cheap on defense and the biggest accomplishment in the first increases taxes by $1 trillion on people grow the domestic side of Government. 100 is a budget that is transformational who make over $250,000 a year. That We need butter and we need guns, but in terms of how it transforms the coun- may sound good because I don’t make let me tell you right now we need a lot try in a way that I don’t think is $250,00 a year. Maybe 2 or 3 years of my of guns in the world we are about to in- healthy. entire life I have. I am the first person herit in the next 10 years. The one thing we have had going for in my family to go to college. My dad Finally, the increase in domestic us as Americans, from one generation and mom owned a liquor store. We had spending puts the country on an

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.039 S29APPT1 smartinez on PROD1PC64 with SENATE S4856 CONGRESSIONAL RECORD — SENATE April 29, 2009 unsustainable path, and the next gen- both of us, Republicans and Democrats. 10 years it is going to triple. In fact, if eration is going to have to pay for this I believe in you. Your Government is we go back in the annals of American big government. To pay for it we are dysfunctional. It will be made better if history, go back starting at the time of going to have to raise their taxes. To you want it to be. There are people the Revolutionary War through the make it all work we are cutting de- here listening. Speak out before it is last Presidency, that of President fense. too late. George Bush, from George Washington There is a better way. Let’s keep The PRESIDING OFFICER. The Sen- to George Bush, the accumulated debt taxes competitive and as low as pos- ator from South Dakota. over that entire time period will be sible, realizing we have a government Mr. THUNE. Madam President, I equaled by the public debt that Amer- to run. Let’s spend wisely. Let’s reform would like to pick up where my col- ica will pile up in the next 5 years. It health care so the Government doesn’t league from South Carolina left off and will be tripled in the next 10 years. become the one group in the country talk a little bit about the need to have That is a staggering number. that decides what doctor we can see a budget agreement that reflects the When you start looking at doubling and what the doctor makes and what will of the American people, to have of the public debt in a 5-year time- kind of treatment we get. Republicans and Democrats both en- frame, tripling in 10 years, when at the This climate change issue is real, in gaged, involved in that, not only in end of the 10 years we have $7 trillion my opinion. I think manmade emis- Washington in the Senate but Repub- in debt or 82 percent of our gross do- sions, CO2 emissions, are heating up licans and Democrats around the coun- mestic product that is composed of the planet. In the President’s budget he try. What we saw in this budget was a publicly held debt, we have not seen was going to put a $646 billion cap-and- certain number of amendments that that kind of number since the end of trade tax on industry and American were accepted on the floor of the Sen- World War II, since 1948. consumers—$3,100 per family—at a ate, Republican amendments, all of I would daresay, with all due respect time when we could ill afford it. That which were stripped out in the con- to my colleague from North Dakota was taken out of the budget. That is ference committee with the House— who made the point that these are all good news. But what I am trying to say which many of us predicted. But there problems that were passed on by the to my Democratic colleagues is, this is were lots of good amendments that ad- previous administration, that it was your Government now. You run this dressed key, core issues. not the Bush administration that put place. The problems in the past, the We had amendments that addressed on the table and passed a trillion-dollar mistakes made by Republicans are the issue of climate change, which the stimulus bill. I think it is fair to ask real. You don’t fix those mistakes by door is left open to in this budget. We the question, is this trillion dollars in spending more money than we did. You had amendments that addressed issues stimulus spending going to be carried don’t fix the problems that America such as the deduction for charitable on and extended and considered part of faces for the next generation by grow- giving, which was an amendment I of- the baseline so it will create obliga- ing the Government at a pace and a fered on the Senate floor. It was adopt- tions and liabilities for our Govern- level you can’t pay for down the road ed by a vote of 94 to 3. That was struck ment in the future? unless you have to give up some of in the conference. We talked about $1 trillion on the your hopes and dreams. We had amendments that were of- floor of the Senate that actually, ac- There is a role for Government. fered that were designed to protect cording to the CBO, when asked the There is a role for us in health care. those with incomes less than $250,000 a question, if the spending in this bill is There is a role for us to play in the year from having tax increases in the extended and not terminated, how economy of our times: to help business budget. That was an Ensign amend- much would it cost, the answer was $3 and to be a safety net for those who ment. That was stripped out. So any trillion—with interest, over $3 trillion. have lost their jobs. But we are about Republican input or involvement in That was not a Bush administration to pass a budget that will increase the this budget process was nullified by the policy, nor is the fact that the Omni- national debt, double what we have work of the conference committee, the bus appropriations bill that was passed today. There will be a day in 2014 when Democrats who led the conference be- earlier this year, which had an 8.3-per- we will spend more money paying the tween the House and the Senate. So we cent increase in spending in it, which interest on the national debt than the are left with a budget that has been was more than double the rate of infla- entire Defense Department budget. sanitized of any of those protections tion in this country, nor does this more That is not healthy for this country. against higher costs for energy, against recently passed budget—is the Bush ad- We have done nothing to reform higher taxes, and a whole range of ministration responsible for that? This Medicare or Social Security. We are other things—protection against losing is the budget that was put forward by talking about $1 trillion more in spend- the deduction that is available to peo- the new administration, that was ing on health care when we spend more ple, the tax benefit available to people passed in the Senate without a Repub- than any nation in the world. for charitable giving, that being lican vote. It went to conference where We are going to pass this budget. It is stripped away and used to pay for other any amendments that were adopted on my hope the American people will things. the floor of the Senate that had been weigh in. The stimulus package was The budget essentially now is a offered by Republicans were subse- $787 billion of spending—a lot of growth Democratic budget. My colleague from quently stripped out. in Government and very few jobs cre- North Dakota was here earlier talking This budget is a statement of prior- ated. You need to speak out. You need about how these problems were all in- ities and reflects the spending choices to get involved. You need to tell us all, herited; that the spending all occurred that are made by the new administra- Republicans and Democrats: I expect on the past administration’s watch and tion and by this Congress. So we can- you to collect taxes from me. I expect now they are just trying to clean up not blame the past administration for you to offer services to me and my the mess. the trillion-dollar stimulus which, if family. But I do not expect you to I have to point out to my colleagues those programs are extended in the fu- make it so that my children and my in the Senate and to the American peo- ture, end up being not $1 trillion but $3 grandchildren cannot have the life I ple that there are certain givens I trillion. We cannot blame the past ad- have had. I expect you to do what I am think we all would subscribe to, one ministration for the more than double doing, tighten your belt and set prior- being the fact that we did have a $5.8 rate of inflation increase in spending in ities. trillion debt at the end of the last ad- the annual appropriations bills we This is your Government at the end ministration. Many of us have ac- passed earlier this year, and we cannot of the day. It is fashionable and appro- knowledged that Republicans didn’t do blame the past administration for a priate to criticize political leadership. a good enough job when we were in budget, a $3.6 trillion budget, that in- But in a democracy, when you look in charge of keeping Federal spending creases nondefense discretionary the mirror, that is ‘‘we the people.’’ So under control. But that does not negate spending by 8.9 percent this year and for America to change it is going to re- the fact that in the next 5 years that piles mountains of debt on future gen- quire Americans to demand it from $5.8 trillion debt is going to double. In erations.

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.035 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4857 If we look at the deficits—just the 5- that will put this Nation’s economy in American people are going to find that year, which we are limited to—earlier, peril and make it more difficult for us out very soon. I used some 10-year numbers. But the 5- to recover. The other thing that did not happen year numbers on the deficits we are So if we are going to have a debate in this budget, in this whole sort of going to accumulate—2009, the current here in the Senate about this budget pursuit of new Government spending— fiscal year, almost $1.7 trillion; 2010, resolution and the conference report and there are reconciliation instruc- $1.2 trillion; 2013, $916 billion. that came out, it should be about what tions in here for health care reform Incidentally, this year, 2009, as a per- is in front of us, not what has happened which can be very costly to the econ- centage of GDP, that deficit is 12 per- in the 8 years previous, because this omy and which there is no way of pay- cent—12 percent of our GDP. The budget is a budget that was presented ing for in the budget. It is just assumed benchmark for getting into the Euro- and submitted by this administration, at that point that they will come up pean Union is you cannot have a def- adopted by this Congress, adopted here with the revenue source for that. But icit, as a percentage of GDP, that ex- in the Senate without a single Repub- you have a health care reconciliation ceeds 3 percent. Some of our European lican vote, then went into conference instruction, a climate tax reconcili- brothers, I assume, with the bad econ- with the House of Representatives ation instruction, all of which could omy, are in excess of that now too, but where any Republican amendments cost the economy enormous amounts of the point is we are going to have a 12- which were agreed to on the floor of money, and yet nothing was done in percent deficit to GDP ratio which is the Senate, many of which got big the budget to deal with the funda- four times the benchmark for entering votes: Well, just let them go ahead, mental issue that is driving these defi- the European Union. vote for this stuff. We do not want to cits and this debt for years and years The debt as a percentage of our GDP, put out bad votes against these good into the future, and that is entitlement the debt held by the public, starts at 55 amendments; we will strip them in the programs: Social Security, Medicare, percent this year, goes to 61 next year, conference with the House. So those Medicaid. All of these programs on the 64 the year after, 66 the year after that, amendments, all of them, were stripped mandatory side of the budget that con- 67 the year after that—in 2014, 67 per- out. So we now have in front of us a tinue to drive Government spending, to cent of public debt as a percentage of budget that includes or makes possible drive deficits and drive debts well into GDP, and if you extend it out for 10 the prospect of a climate change or the the future, there is nothing that is years, which we saw in the original carbon tax proposal being done through done to reduce the overall cost of these budget blueprint, we are talking about reconciliation. mandatory spending programs, these a debt that is 82 percent of our gross The Senator from North Dakota put entitlement programs, or to reform domestic product. That is not some- out a statement that says: Assume them. thing for which the past administra- that reconciliation will not be used for The President said we need to reform tion is responsible. These are decisions changes in legislation related to global these and look at all of these entitle- that have been made by the present ad- climate change. Well, that is really ment programs. Well, this budget does ministration and this Congress when it nice, but it is a statement. The amend- nothing of the sort. All it does is in- comes to spending the American tax- ment that was offered by the Senator crease spending, increase taxes, and payers’ dollars. from Nebraska, Mr. JOHANNS, which add mountains and mountains to the So you have a stimulus bill which is was adopted here on the floor of the public debt—a debt that we hand off to a trillion dollars, and then again, as I Senate, which got 67 votes, was bind- future generations. said earlier, if those programs are ex- ing, basically said that reconciliation So I hope my colleagues will reject tended in the future, it ends up being would not be used for climate change and vote down this conference report. in excess of $3 trillion; you have an legislation. It got an overwhelming It would have been better, it would Omnibus appropriations bill that vote here in the Senate. A lot of Demo- have been a much improved product passed earlier this year that increased crats voted for it. It got stripped in the had some of the amendments my col- at more than twice the rate of inflation conference committee, which opens the leagues on the Republican side had and a budget which increases non- door to a cap-and-tax proposal that, by adopted when it was debated here in defense discretionary spending in front some estimates, could cost the average the Senate been retained in the con- of us today by 8.9 percent and adds, family in this country over $3,000 a ference committee. But they weren’t. over the next 5 years, about $5 trillion, year in higher electricity costs. That is They have been struck, all of them $5.5 trillion to the Federal debt. Those not a previous administration issue. struck, many of which passed by large are decisions that are being made real- This is a real-time budget. This is a margins. As I said, I had a couple of time. real-time issue. These are decisions amendments on the floor, one with 89 A lot of my colleagues on the other that are being made by the current ad- votes and another was 94 votes. You side have a sort of Bush administration ministration and the current Congress, would think, when the Senate makes phobia. They want to talk about every- make no mistake about it. that kind of statement in support of a thing that has happened before. Well, The final point I wish to make is that particular amendment or policy, you there comes a point at which you own in the context of this—and they have might want to think about retaining these decisions. Decisions have con- been coming down and saying: There is that in the conference. Those were sequences, and there are consequences really no tax increase in this. Well, struck. The amendment by my col- of the decisions that are being made there is. Taxes are going to go up on a league from Nebraska, Senator here. lot of people. Well, they may say it is JOHANNS, which got 67 votes, which di- A lot of people believe that if we con- high-income people, but there are a lot rected the conferees not to use rec- tinue this rate of spending and taxing of small businesses that are going to be onciliation for climate change legisla- and borrowing, in the future, if we con- captured under that net. This is not tion, was struck from the conference tinue to pile up the interest on the just going to hit the high-income peo- report. debt—again, incidentally, at the end of ple because a lot of small businesses That is unfortunate. This could have the 10th year, we will spend more on that are organized as LLCs or sub- been a better budget. It wouldn’t have interest on the debt than we actually chapter S’s or in some way that allows been a good budget because it still spend on national defense, about $4 the income they derive from their spends too much, taxes too much, and trillion over the course of the next 10 small business to flow through to their borrows too much, but it certainly years in interest on the debt, or $52,000 individual tax return are going to pay would have been improved had some of for every household in America. That higher income tax rates. Instead of those amendments been retained. is just the interest on the debt. paying at 33 and 35 percent, they are So I urge my colleagues to vote A lot of people think the level of bor- going to pay at 40 and 42 percent. Taxes against this, and I hope, now that this rowing is going to lead inevitably to are going to go up on capital gains. budget is going to pass here and we higher inflation down the road and Taxes are going to go up on dividends. start doing appropriations bills, that therefore higher interest rates and all There are tax increases in there, there this Congress will get serious about kinds of other bad economic outcomes is no question about that, and the controlling Federal spending, about

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.036 S29APPT1 smartinez on PROD1PC64 with SENATE S4858 CONGRESSIONAL RECORD — SENATE April 29, 2009 doing the serious work that is nec- misplaced priorities, we are now work- On an issue that everyone knows is essary to get our fiscal house in order. ing with President Obama to invest in near and dear to my heart, I commend We cannot afford to continue to pass our Nation’s needs and chart a new both the committee and President on these mountains and mountains of course for America. We have chosen a Obama for making veterans a priority debt to future generations. It is not new path with this budget. The Amer- in this budget process. Our men and fair to them, and it is not fair to the ican people deserve an economic plan women in uniform and their families American taxpayer. It is high time we that works for everyone in this coun- have served and sacrificed for our Na- started focusing on this issue and did try. Our budget makes responsible tion. After years of underfunded budg- something about it. choices that will help get our economy ets and being overshadowed by other I yield the floor. moving again. I want to talk about a priorities, this budget finally does The PRESIDING OFFICER. The Sen- few of them. Let me start with edu- right by them. I commend my Budget ator from Washington. cation. chairman and our President and all of Mrs. MURRAY. Thank you, Madam We all know that education and us for making sure that happens in this President. training are the keys to our future budget. Let me start by commending Chair- strengths. In this new global economy, This budget is honest with the Amer- man CONRAD for his leadership of our a good education is no longer just a ican people about the cost of war, not Budget Committee and especially for pathway to opportunity, it is a require- just by paying for our veterans care the hundreds of hours he and his staff ment for success. We will not rebuild but by paying for the wars in Iraq and have dedicated to getting this budget our economy and be competitive long Afghanistan on budget for the first done and accommodating both the pri- term unless we can both create jobs time since they started over 6 years orities and concerns of so many of us in and ensure that our American workers ago. this body. Putting together a budget is have the education and skills needed to I also note that this budget meets never an easy process, but I believe our fill those jobs. our commitment to nuclear waste chairman has achieved a very good bal- This budget before us invests strong- cleanup in my State and across the ance that will set us on a course both ly in education and in training. We also country. Workers at Hanford nuclear to reduce our deficits and invest in the place a priority on making sure Amer- reservation and people of that commu- areas we know will make us stronger in ican students do not fall behind as they nity sacrificed to help our Nation win the future: energy, health care, and make their way into the global mar- World War II. Hanford and other sites education. A budget is a statement of ketplace. Our budget helps to retrain are now still home to millions of gal- priorities, and ours are very clearly in American workers for careers in those lons of waste, and our Government this budget. We put the middle class new high-growth and emergent green needs to live up to our promise to clean first, and we get our country back on industries, such as health care or re- them up. This budget does that. track by investing in our future. newable energy and energy-efficient As is the case in many States across There is no doubt that we have inher- construction, so that those workers America, farming and ranching and ag- ited great challenges at this time. We stay in the middle class. ricultural production is my home now face the worst economic crisis in This budget makes strong invest- State’s largest industry. Protecting generations. Since December 2007, we ments in early childhood education and our agricultural sector is critical to have lost 5.1 million jobs, including 3.3 home visiting programs to make sure the economy, the environment, and to million of those in just the past 5 that our young students are healthy our quality of life. We have to make months. So before we consider where and that they are ready for school. It sure our rural communities are strong. we are going, I believe it is important also, importantly, invests in making We worked to make sure we have a today to talk a little bit about where sure college is affordable and accessible bright future for our farm families. we have been. for more of our students. We want all Production agriculture, such as Wash- Our colleagues on the other side of of our students to achieve a postsec- ington State’s wheat farming, is a very the aisle have been bemoaning deficits ondary credential, whether it is volatile business. A workable safety and debt with not a moment of consid- through a registered apprenticeship, net such as in the farm bill is vital to eration for their own record on this through a community college, or the security of our family farms. I have issue. Back in 2001, Republicans con- through a university. This budget helps also long supported the Market Access trolled the full power of our entire point us in that direction. Program which provides funds for our Government. Under the leadership of As a nation, we have to change the producers to promote their products President Bush and Republicans in way we think about preparing our overseas and expand into those impor- Congress, record surpluses that were young people for careers, starting with tant international markets. Especially created under President Clinton be- making sure education works better. in these difficult economic times, when came record deficits. Those Republican This current economic crisis has cost our foreign competitors are trying to deficits grew and grew, and now today us dearly. Every weekend I go home to limit our market access with tariffs, they add up to trillions of dollars in my home State of Washington, and I the last thing we should be doing is new debt that is going to be shouldered hear about another business that has cutting programs such as MAP that by future generations of Americans. closed or another family who cannot will help growers in a competitive mar- So it was with this perspective, pay the bills. But we know that if we ketplace. which I hope our Republican friends make changes and we make smart in- I want my colleagues to know I will will start to acknowledge and own up vestments, we can move our country continue to work with everyone to to, that we know at this point in time forward. Investing in education and in- make sure we find ways to support one we have two choices: Choice 1 is to con- vesting in training is one of those of the staples of our economy, our agri- tinue down the Republican deficit smart investments. cultural community. path—no investments in the future, a That brings me to our next invest- We all know our health care system widening gap between the rich and the ment. As we are all aware today, en- is broken. It needs real reform. Today middle class, and more massive defi- ergy issues are some of the most press- we have an historic opportunity to fi- cits. Choice 2 is represented by the ing facing our Nation today. Our de- nally tackle this challenge. These in- budget we present today. It improves pendence on foreign oil has left us be- vestments are not luxuries. They are the economy by investing in energy holden to other nations, as middle- essential to this country’s future and education and health care reform class families pay the price at the strength. That is why we have to so that we are stronger in the future, pump. By making renewable energy a prioritize the health professions work- cutting taxes to the middle class, and priority, we can reduce our dependence force and access to quality care in addressing deficits so that our children on foreign sources of energy in the fu- rural areas. We have to work to ensure do not continue to bear the burden of ture and help create green jobs here at that preventive measures are given pri- bad decisions well into the future. home and leave a cleaner environment ority so American families are not left After 8 years of the Bush administra- for future generations. This budget with giant bills for expensive care tion’s very shortsighted budget and does that. down the road.

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.037 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4859 Some critics of this budget are say- today. We are committed to working goes to the question of policy and get- ing now is not the time to tackle with Republicans to do that. But they ting a good result for the country. I am health care reform. I believe that is have to demonstrate a sincere interest so blessed to have Senator MURRAY as pretty shortsighted reasoning. There is in legislating, because the stakes are the top Democrat on the committee. I a direct connection between our Na- too high and the cost of inaction is too thank her personally for everything tion’s long-term prosperity and devel- great for us not to move forward. As she has done as a conferee to bring us oping health care policies that stem long as Republicans want to be at the to this point, to have a successful reso- the chronic bleeding in business and in table, they have a seat. We welcome lution and a budget that is responsible, State and national budgets. A recent them. This is simply too important an that does help get America back on editorial in the Everett Herald news- issue not to have their voices. But it is track. paper in my home State made this also too important an issue to stall I have heard from the other side: We point very well. They said: using partisan tactics. We have to ad- have tax increases here. Let’s get to Yes, the economy is the most urgent chal- dress this crisis. We intend to move the facts. The fact is, on balance, we lenge. But our broken health care system forward this year. have a very substantial tax cut in this and addiction to oil threaten to become our I urge all colleagues to stop debating budget proposal aimed at the middle long-term undoing. the process and, instead, join the con- class. They are the ones who deserve They’re all intertwined: Failing to find so- versation about how we move forward and need it. We have also heard that lutions to our long-term problems will likely on this issue that is so critical to this leaves open the possibility of glob- stunt future economic expansions, creating longer and deeper downturns. America’s families today and to our al climate change being used in rec- Nation’s future economic strength. onciliation. Nonsense. There is an ab- Health care is an important priority America has paid dearly for the Bush solute commitment from everyone who in this budget before us. administration’s failure to invest in is a party to this discussion. It is in the There has been a lot of talk over the our Nation. We all know that. We don’t wording of the resolution that climate past few weeks about the inclusion of have to tell the American people. They change will not come to this body or to reconciliation in this budget. Some fol- wake up to it every day: rising health the other body through reconciliation. lowing this debate are probably very care costs, pink slips, crumbling infra- It is not going to happen. It has the ab- surprised that our Republican col- structure, bills and mortgages they solute commitment of the majority leagues, who were so adamant about can’t afford to pay. We tried it the leader, of the Speaker, and of the using this procedural motion when it other way for 8 years. It is time to in- President himself. He has said it to me came to passing huge tax cuts for a vest in America again. It is time to directly. So let’s not be chasing straw very few while paying for it on the give the middle class a break. It is dogs here. Climate change is not going backs of many, would now be arguing time for honesty, and it is time to to be done through reconciliation, pe- against its inclusion in this budget. As make bold decisions. This budget in- riod. I said earlier, there is a direct connec- vests in our future and begins to get us Again, I thank Senator MURRAY for tion between America’s long-term pros- back on track. her constructive work on this budget. perity and improving our health care I thank our chairman who is now in Mrs. MURRAY. Mr. President, if I system. Today nearly 46 million Ameri- the Chamber and tell him I appreciate may respond to the chairman of our cans do not have health insurance. One the tremendous work he and his staff committee, I appreciate his thanks and in five working adults does not have and so many people did to make sure praise. But our colleagues should good coverage today. There was a sur- we now have a budget before us that know, no one has spent more time and vey by the Kaiser Family Foundation begins to get America back on track. energy, not just for a few months but this month that found 6 in 10 American I yield the floor. for a very long time, to make sure we families put off care because of cost, The ACTING PRESIDENT pro tem- have a responsible budget we can all be and 42 percent of those people said they pore. The Senator from North Dakota proud of to vote on today. I again relied on home remedies instead of is recognized. thank him and his staff for their tre- going to see a doctor. Mr. CONRAD. Mr. President, I want mendous leadership, in calls late at Of course, just this week the covers to especially thank Senator MURRAY. night, when I am out on the west coast, of newspapers across the country are She is next in line on the Budget Com- and I know it is even later for him. I filled with photos of people wearing mittee. When I really want to threaten appreciate the tremendous amount of surgical masks. TV screens are filled her, I tell her I am going to leave as work he does, both policywise and with commentators talking about the chairman of the committee and she can making sure we keep the right fiscal possibility of a new strain of flu crip- take over. balance. There is no one who is strong- pling the country and our economy. I Mrs. MURRAY. Every day I pray for er in our caucus talking about how im- can’t think of a better time to be talk- the health and welfare of the chairman portant it is to make sure we look at ing about the need to insure all Ameri- of our committee. not just what we do today in terms of cans, to focus on prevention, and to Mr. CONRAD. We could not have a this budget but how we to do it in the make absolutely certain that when stronger or better ally than the Sen- future. Keeping that balance between there is the possibility of a public ator from Washington. Senator MUR- spending and deficit is at the forefront health crisis, no one puts off medical RAY is exceptional. I have so enjoyed of his mind. We would not be here care because they don’t have the means getting to know her over the years and today without him. I thank him. to pay for it. But in order to do all working with her. When there is some- Mr. CONRAD. I thank the Senator that, we have to work together. thing you need to get done, you need for her kindness. Next we have Senator Democrats would strongly prefer to an assignment that can actually get HUTCHISON. How much time would the address health care in a bipartisan done, you want Senator MURRAY on the Senator require? manner and by going through the reg- case. She is somebody who is a per- Mrs. HUTCHISON. May I have 15 ular legislative process. It is our full former. She gets results. I have such minutes? intent to do just that. Democrats be- respect for her and the contribution Mr. CONRAD. You certainly may. lieve all Americans deserve high qual- she makes to this committee and to The ACTING PRESIDENT pro tem- ity health care that reduces our costs, this Chamber. We are fortunate to have pore. The Senator from Texas is recog- makes care more affordable, and cre- Senator MURRAY in the Senate. nized. ates jobs in the health care sector. We I tell my colleagues, they have seen Mrs. HUTCHISON. Mr. President, I believe in protecting existing coverage her in vote-arama go around this floor, thank the distinguished chairman of when it is good, improving it when it is convincing colleagues that perhaps this the committee. I want to say about the not, and guaranteeing health care for is not the time to offer an amendment, chairman that I do believe he made the millions of Americans who have perhaps they could wait. They have very credible changes in the original none. We know the only way for our seen how effective she can be in per- budget proposal by saying he would not economy to fully recover is by making sonal interactions to get results. It sign on to many of the even bigger this critical investment in health care goes way beyond the procedural. It spending items that went over the 10-

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.040 S29APPT1 smartinez on PROD1PC64 with SENATE S4860 CONGRESSIONAL RECORD — SENATE April 29, 2009 year period. This budget has some re- looking at a $3.5 trillion budget resolu- worked tirelessly, along with Senator deeming value, and I appreciate his tion that says basically to the Amer- REID and Senator ENSIGN, to rectify leadership. Because it is very difficult ican people: We know you are strug- the inequity that has plagued the eight when you have the President of your gling. We know you are trying to make States that do not have the State in- party and Congress also with leaders ends meet. We know you cannot get come tax. But they do have sales taxes. from your party trying to say: You loans from the bank. We know your What the majority leader has led the have to do this. It is hard sometimes to small businesses are struggling to stay fight to do is to allow those eight reconcile all of that. I appreciate that open. But not the American Govern- States, on a permanent basis, to deduct effort. ment. The American Government is our sales taxes on our Federal income I am speaking against the budget res- growing. It is getting bigger. It is going taxes, just like all the other 42 States olution today because the over- to be a burden that is going to be be- in our country are able to deduct their whelming parts of the budget that are yond what we will be able to bring State income taxes on their Federal in- unacceptable outweigh the few good back or contract if we can get through come taxes. things that were done. Reconciliation this economic crisis. This all started in 1986, when the was the subject of conversation. Rec- So while the American people are sales tax deduction was eliminated, but onciliation, of course, is the procedure proving their resilience in the face of the income tax deduction was kept. that is used to completely wipe out the hardship, we are seeing the American Since 1986, until 2004, we had that in- minority’s opportunities for input. Government grow as if we had all the equity. But we corrected it in 2004 with Maybe we will have input, but no Re- money in the world to spend, which we the efforts of many of us. Thank good- publican amendments will pass. On rec- do not. We are now looking at an un- ness we have had extensions. Now we onciliation, you do not have the ability precedented growth in Government in will make it permanent. That is a fun- to filibuster at all. While reconcili- this country with a $3.5 trillion budget, damental issue of fairness, and I com- ation is not completely allowed on the on top of a $1 trillion stimulus bill, on mend Senator REID for his leadership. climate change bill, the report says: top of a $410 billion Omnibus appropria- However, my amendment to perma- It is assumed that reconciliation will not tions bill—all of which have been nently eliminate the marriage penalty, be used for changes in legislation related to passed in the last 100 days. which was adopted by the Senate, was global climate change. The American people know this in- taken out in conference. I think it is I am going to take the chairman at crease in Government spending is not the most egregious antifamily tax we his word saying that global climate free and it is not sustainable. The have in this country today. change will not be subject to reconcili- American people will be forced to pay We, in the plan that is before us, did ation because it is very important we for it. It is a short-term gain for a very not make that tax relief permanent. have amendments. One of the amend- long-term cost. It will double the pub- We have had it since the tax cuts of ments I had on this budget resolution, lic debt in 5 years. In 10 years, this 2001 and 2003. I hoped to make it per- which was taken out by the conference, budget will triple the American debt. manent. But we were not able to do relates to the energy portion of the The distinguished chairman, Senator that. What is going to happen after 2010 bill. So not having reconciliation and CONRAD, would not allow this budget to is the marriage penalty is going to taking away the ability to filibuster in go forward for 10 years because he saw come back in full force for those who the climate change bills that will come that debt and he had the integrity to make over $200,000—many of which are later is a positive. say no. So it is 5 years. Hopefully, subchapter S corporations. They are However, reconciliation is in the when this budget resolution is adopt- the small businesses that create jobs. health care part of this budget, which ed—because it is going to despite our We have a common goal: President means health care reform and the sin- objections—hopefully, in the next 2 Obama and the Democrats in Congress gle-payer system that has been pro- years, if we can see the economy com- and the Republicans in Congress all posed by the President and the leaders ing back, the people with integrity in want to create jobs. The problem is, in Congress is in reconciliation, which the majority will say it is time to start the policies that are put forward in means there will be no opportunity to reversing some of the debt that has President Obama’s budget and in the filibuster or possibly have input—cer- been created, get these deficits down, one that is getting ready to be adopted tainly no leverage by the minority. and give our country a chance to re- will hit, with tax increases, the people That is in the health care section of cover for the long term and not hand who will create jobs, by increasing the resolution, which may be the most our children this debt. Because if we go their tax brackets, by increasing the important one that affects people’s on with this budget as it is today, marriage penalty on them. We should lives. which will presumably be adopted by follow our goals with policies that will We know our system of health care in Congress today—because the House has achieve them. But instead, unfortu- America is the best in the world. There already adopted it—it will create more nately, we are going in the opposite di- may be a few other countries that have debt than every President from George rection. equal access to private choices and Washington to George W. Bush com- Here is another example: the Outer doctor choices and the ability to bined—more debt than all the Presi- Continental Shelf. President Obama choose what hospital and the type of dents of our country combined. said in the campaign, and he has said care you are going to get and the kind In 10 years, this budget will spend since: We have a goal of energy inde- of insurance coverage you get. But I nearly four times more on interest pay- pendence for America. Sixty percent of think it is best in America. I know the ments than on education, energy, and our energy needs are imported from countries that have gone to the single- transportation combined. That is stag- foreign countries—countries that do payer system—which takes the private gering. I would urge my colleagues to not want us to succeed, countries such sector largely out of health care, takes think twice before they vote for this as Venezuela, countries in the Middle the choice out of health care—end up resolution because reversing it will be East. We are importing our energy with a system that allows people to die very difficult. needs from countries that would like to while they are waiting to have the pro- There are some good parts of this shut us down. cedures they need that they would budget. One is I want to commend the We have a goal. It is a common goal, have in the United States of America majority leader, HARRY REID, because once again—Democrats and Repub- within a week. he did take the lead in making perma- licans—energy independence for Amer- So we have that in this budget in rec- nent the State and local sales tax de- ica. But we are taxing the only energy onciliation, which means it is a 51-vote duction. It is something I have worked source in this country that actually bill. That in itself is enough for us to on with him and with others in this produces enough energy to make us vote against this budget. But there are body, who represent the eight States independent. other reasons as well. that do not have a personal income Drilling on the Outer Continental We know our Nation is in the middle tax, just to get equity. Senator CANT- Shelf would open exploration and give of an economic crisis the likes of which WELL, Senator MURRAY, myself, and every State that allows that explo- none of us have ever seen. Yet we are the Senators from Tennessee have all ration a part of the royalties. We would

VerDate Nov 24 2008 01:43 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.041 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4861 encourage environmentally safe drill- I yield the floor. important that we continue to make ing off our shores, using our natural re- The ACTING PRESIDENT pro tem- progress and drive the deficit back to sources for our common goal of energy pore. The Senator from Delaware. zero. I am one of those people who independence for our country. Mr. CARPER. Mr. President, I will thinks it is appropriate to spend when But, no, the amendment the Senate talk, as my colleague has, about the we are in a time of economic calamity, adopted was taken out of the con- Federal budget, the budget resolution when we are in a time of war, and as it ference report that would have encour- that has been prepared for our consid- turns out right now we are in both. aged the expansion of oil and gas pro- eration as a result of the conference Hopefully, 4 years from now—hopefully duction in the Outer Continental Shelf. that has occurred between the House sooner than that—we won’t be in both It has been shown by the drilling in the and Senate. I express my thanks par- and we can turn back our spending. Gulf of Mexico, which is today our ticularly to the chairman of the com- When the economy is sound, when we largest source of oil off our own mittee, Senator CONRAD, for the work are not in a national disaster, in war in shores—because we know how to drill he and his staff and other members of places around the world, I think it is in an environmentally safely way, just the committee have done, Democrat appropriate to balance our budget. In like we could do in ANWR, where the and Republican, including Senator fact, one of the things I was proudest of people of Alaska want to be able to GREGG. as Governor is we not only balanced drill in a very small frozen tundra in I wish to respond a bit to what my our budget for 7 years in a row, we re- Alaska, where we would have an even colleague from Texas said. This admin- duced taxes and paid down our debt a bigger resource than the Gulf of Mex- istration didn’t inherit a day at the little bit, and that made me proud, and ico, and yet that, too, has been shut beach. They have inherited a tough sit- the legislature too. Hopefully, we will out. uation. We as a country have been be in a position in the years to come, We have a unique position in the around sort of officially since 1787, and as we were in 1999 and 2000, when we world; that is, we are the only country if you go from 1787 to 2001, I think that paid down the debt. in the world with abundant natural re- is about 214 years. We ran up in that I have suggested to the administra- sources that could reduce our energy period of time roughly $5 trillion worth tion some things we can do, and I have dependence in an environmentally safe of debt. We essentially doubled that talked about them here on the floor, to way. Yet we refuse to use those natural over the last 8 years. We doubled it in reduce the deficit. I wish to talk about resources. Other countries in the world only 8 years. We ran up as much new one of them and mention one of the others as well. In order to better match fight for natural resources that we debt in the last 8 years as we did in 214 revenues and expenditures going for- have in abundance but are unable to years as a nation. I didn’t hear nearly ward, we obviously cannot avoid the use because we have shut those down. the kind of bemoaning and railing question of taxes. As far as I am con- Every one of us in this body believes about the growth in the deficit and the cerned, before we start raising a lot of that wind energy is great, that solar national debt during those 8 years as energy is great, that we need to do taxes, the first thing—maybe the bet- we hear today from our friends on the ter thing—for us to do is to collect the more research in technology, so that other side of the aisle. taxes that are owed. Every year we solar and wind energy will be more I think my colleagues know I am not hear about the tax gap. The last one available on a 24-hour, everyday basis. a real partisan guy, but I think it is was actually officially done, I think, We want more technology to learn how important to say this is the hand we about 8 or 9 years ago by the IRS and batteries can increase their capacity so have been dealt. The question is what they figured that at the time we had a we can have electric cars that could do we do about it. We have a couple of tax gap—monies owed to the Treasury, run for a long time. We want those wars we are fighting. We have an econ- not being collected by the Treasury—of things but not at the expense of envi- omy that is the worst since the Great about $300 billion a year. By most esti- ronmentally safely using the resources Depression and we have to do some- mates I hear today, it is almost $400 we have—such as nuclear energy, for thing about it. One of the first things billion a year. If we can only recover instance, which is the cheapest source we have decided to do about it is to try half of it or a third of it, we are talking of electricity in this country. There are to jolt the economy back to life. I re- about real money that would make a no carbon emissions from nuclear en- member those old Frankenstein movies real dent in our deficit. ergy. We have not built a new nuclear where Dr. Frankenstein is in the lab We make a lot of improper payments powerplant in this country in over 30 trying to put the electrodes to the in this Government of ours. I chair a years. We must encourage these energy monster and jolt that monster back to subcommittee that has jurisdiction sources that would make us energy life. We are trying to jolt not a mon- over that sort of thing. We know our independent in an environmentally safe ster back to life but an economy back improper payments that we made into way. to life. Economists on all sides—lib- the Federal Government last year were There are so many parts of this budg- eral, conservative, and everything in right around $72 billion, mostly over- et that are wrong, and I hope that we between—have said, you have to spend payments, some underpayments. We will say no to it—if only for the reason a lot of money and hopefully it will be need to do a better job. At least we of having reconciliation in health care used to produce jobs and add to the know now for the most part where the and adding an unprecedented amount value that will be for a good purpose in improper payments are going, or at of money to our debt, giving us deficits our country. least the departments that are making that are unable to be stopped as far as That is what we have done with the them, but we are not doing a very good the eye can see. Go back to the draw- stimulus package. As we go through job of actually going back, after we ing board and bring us a budget that this year, and probably the next year have made an overpayment, especially, tells the American people: We get it. or so, the deficit is going to be a whole and recovering the money, recapturing We know a big increase in Government lot bigger than I am comfortable with. that money. We call it postaudit cost is not in a family’s best interest, a I was elected to the House and served recoveries. We are just beginning to family that is struggling to make ends there for 10 years before I became Gov- scratch the surface in one of our big meet and stay in their home and either ernor. I was a deficit hawk and in my entitlement programs, Medicare. keep their job or produce jobs for oth- heart I still am. I wish to talk about Starting about 3 years ago we hired ers. This budget will not do that. I some things we can do, ought to do, some private firms and said, For mon- hope the majority will listen to what and in some cases are doing, to bring ies we have overpaid to providers or we are saying: Defeat this budget and the deficit down further. medical suppliers, corporate suppliers, then, in a bipartisan way, we can come I am encouraged when I hear our new let’s go back and get the money we up with a plan that will be good for President say the deficit is large this have overpaid. We said we were going America and that will give Americans year, but over the next 4 years we will to do it in three States—California, confidence that they are going to have reduce the deficit in half. I think that Texas, and Florida. The first year of an economy once again that will create is fine. The important thing is we don’t this effort we recovered almost noth- jobs and good incomes for their fami- just stop there, and if we have the ing. The second year we recovered a lit- lies. same administration or a new one, it is tle bit. Last year we recovered about

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.042 S29APPT1 smartinez on PROD1PC64 with SENATE S4862 CONGRESSIONAL RECORD — SENATE April 29, 2009 $700 million. That is real money. The terms of their value of reducing the I will close with a comment on ear- idea is not to just do it in 3 States but deficit, but there is some virtue there. marks. Some people think earmarks to do it in all 50 States, and I am en- They are a good tool to have in the are the devil’s work. The earmarks couraged that we are going to do that. toolbox. But in 1995, 1996, what they that we submit in my State—Senator If we can recover that kind of money came up with, it passed here in the KAUFMAN and myself, Governor Castle for overpayments in Medicare, my House and Senate and it was signed before he became Governor—were ear- guess is we could recover some money into law. The President proposes a re- marks that we are proud of. We have in Medicaid. If we have two of our scission, the Congress has to vote on it, three budgets in Delaware State gov- three big entitlement programs that and unless they vote it down with a ernment, and one of the major budgets are sucking up a lot of money, one of two-thirds vote in the House and in the is the operating budget which basically the first issues we should face there is Senate, that proposed rescission is runs the State. The second is the cap- reducing the overpayments and going going to become law. Think about that. ital budget—bricks and mortar, after the money and recovering that We are not talking about a bill. We are schools, roads, prisons, and that sort of money we have overspent or, in some saying a line or a couple of lines in a thing. The third piece of our budget, cases, misspent. bill, the President could propose to re- the third budget, if you will, is some- The third area we need to focus on is scind those and his recommendations thing called a grant and aid budget. the area of major weapons systems. We on rescinding spending in an appropria- The Governor proposes the operating have spent a lot of money. Going back tions bill or a tax bill or an entitle- budget. The Governor proposes the cap- to I think it was 2000, we were over- ment bill, or all of the above, would ac- ital budget in my State. The Governor spending on major weapons systems tually become law unless two-thirds of doesn’t propose the grant and aid budg- cost overruns by about $50 billion in the House and the Senate said no, we et in my State. That comes from the 2000. In 2005 we were up to $200 billion. are going to override that. That is a legislature. We found in the 1990s that Last year we were close to $300 billion huge shift of power from the legislative the grant and aid budget was growing in major weapons systems cost over- branch to the executive branch. I like Topsy, kind of crowding out spend- runs. Clearly that is an area where we didn’t think it was a good idea then. ing in the operating budget and the can do better and have to do better. The Supreme Court didn’t think it was capital budget. What we decided to do Secretary Gates has come forth with a a good idea either. If not the Supreme was put a constraint on the growth of number of proposals and reforms that Court, one of the top circuit courts of the grant and aid budget, no more than deserve our support, and I hope they appeal said they didn’t think it was a 2 percent; no more than 2 percent of will enjoy our support as we go for- good idea. They threw it out for being revenues. That put a halt to the growth ward, to try to better align our weap- unconstitutional. and kind of put things back on the ons systems with buying for the kinds Having said that, I think the idea of right keel. of wars we are likely to fight. We could at least compelling us to give a Presi- With respect to earmarks, among the do a much better job in terms of con- dential rescission a day in court, a day things we have done here—there is trolling our costs for those weapons on the floor, is a good idea. What a nothing inherently wrong with ear- systems as well. number of us, 21 of us have done, is we marks, directed spending, but when The Federal Government owns a lot have cosponsored legislation that we they are growing like Topsy, as they of property, not just land, not just introduced this week, Democrats and were for a while, that is not a good military bases, not just buildings, but Republicans. The idea behind the legis- thing. We have now decided to limit all of the above, and in some cases we lation is when the President signs a earmarks to 1 percent of revenue which spending bill—not a tax bill, not a rev- don’t use them. We pay security for I think is appropriate. those properties, we may pay utilities enue bill, not an entitlement measure, The second thing we didn’t know for for those properties, but we don’t use but when he or she signs an appropria- the longest time is where the earmarks them. We don’t do a very good job of tions bill into law, he or she would were coming from and who was asking have the right to send us a rescission disposing of properties that are not for them. We didn’t know necessarily message to propose to reduce or rescind being used. We need to dispose of those who was going to benefit from the ear- spending in that spending bill. We properties. Those are only a couple of mark. We have addressed that so we would constrain how much the Presi- things we can do and ought to be doing. know both. dent could rescind. He couldn’t rescind I hope in the years to come we will do The other thing I believe we have ad- more than 25 percent. If they are unau- more of each of those. dressed is called air drops, where you thorized, there is no limit. The long One other thing I would mention is have a conference committee with the and short of it is, though, the President most Governors have what we call line House and Senate on appropriations would send a rescission message and we item veto power—the ability to go and would have to vote on it. We could vote bills, you don’t have an earmark in ei- line out a single line item in a budget. it down with a simple majority; in the ther one, yet out of the conference They have it by virtue of the Constitu- Senate, 51 votes, or in the House with committee emerges an earmark from tion so they can veto bills, they can go 218—not a two-thirds override, not both somebody and we don’t know where it through the lines of their bills and veto Houses, just a simple majority in ei- came from and it wasn’t in either bill. lines and different pieces of a spending ther the House or the Senate. We limit That shouldn’t be allowed. package that they have signed into the time for this to occur. In fact, we The last thing I would mention is at law. We have something like that in limit the amount of years that this the end of the day, you have the ability the Federal Government. It is called could be law to 4 years—4 years. I call for the President to look through a rescission power. The President can it a 4-year test drive with enhanced re- bill, whether with earmarks or other sign an appropriations bill into law, scission powers for a President. If the forms of spending, and say maybe this submit that to the Congress, and the President abuses it, if the President is a bad idea. This is an egregious form Congress can vote it up or down. But if should say to the Presiding Officer of spending. It should be addressed, and we don’t do anything, then it kind of from New Mexico: Unless you vote for basically say to us in the Senate or the goes away. The President sends rescis- my top priorities, I am going to go House: I have signed this bill into law, sion messages to us from time to time after your top priorities, to try to in- but I wanted to come back and vote on and we don’t do anything, and the re- timidate a Member of the Senate or a couple specific items. If I cannot get scission of the proposal sort of goes House—that could happen. As a result, 50 colleagues to vote for an earmark away. we provide for this 4-year sunset. After that I have made on behalf of Dela- If we go back to 1995, 1996, there was that, the law goes away. If Presidents, ware, I should probably not be asking a proposal in the Clinton administra- current or future, continue to abuse for that earmark in the first place. tion that changed that. The idea was to this, they will not continue to enjoy That is the long and short of it. make the President’s rescission powers this particular balance. There are a lot of things we can do to look more like line item veto powers. I Do I think this will balance the budg- continue to make progress. We are get- thought it was a flawed effort. I think et? No, I don’t. Do I think it might be ting down to 3 percent of GDP in the line item veto powers are oversold in of some help? Yes, I do. next 4 years, and I applaud that. There

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.043 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4863 are other things we want to do. I look pressing priorities that our country Joyce from Warwick told me she is forward to working with the chairman. faces—particularly clean energy tech- supposed to take two medications Those are just a few of the ways we can nology and energy efficiencies, the edu- every day, but her insurance will pay make additional progress. cation of our young people, and I think for only one. There is no generic for I applaud the chairman, and I thank most important, as the distinguished the one she must pay for out of pocket. him for all his work. I cannot imagine chairman has suggested, it lays the She would love to retire, but she sim- what it is like to bear the burden of groundwork for a vitally necessary, ply cannot because her medical cov- this or any budget, but he has done it far-reaching reform of our health care erage would cost too much. She is well and in good humor for a long time. system in the coming months and trapped at work by health care. The ACTING PRESIDENT pro tem- years. Judith and Scott from Cranston have pore. The Senator from North Dakota This reform cannot come soon been struggling ever since he needed a is recognized. enough. Our health care system is a liver transplant in 2006. Their family Mr. CONRAD. Mr. President, I thank mess. The number of uninsured Ameri- incurred $60,000 in medical bills that the Senator from Delaware, who has cans continues to climb and will soon weren’t covered by insurance as a re- been so constructive on many critical hit 50 million. The annual cost of the sult. Scott has been unable to work issues since he joined the Senate. He is system is over $2 trillion a year, and since 2004 due to his illness, which somebody whose career I followed that will shortly double. We spend 16 meant the family was relying on Ju- closely when he was in the House of percent of our Nation’s gross domestic dith’s insurance. But 18 months ago, Representatives and as Governor of his product on health care—more than any Judith lost her job, which meant her State. He is one of the real clear think- other industrialized country in the family had to go on COBRA. To make ers on fiscal issues before this body. I world, and double the average of our matters worse, their COBRA is about thank him for all of the contributions European Union economic competitors. to run out, and Judith still cannot find he has made. There is more health care than steel in a job. Next, we have Senator WHITEHOUSE, a the cost of Ford cars. There is more Like hundreds of thousands of Amer- very valued member of the Budget health care than coffee beans in the ican families, Judith and Scott had to Committee. He is one of the people who cost of Starbucks coffee. Unless we act file chapter 7 bankruptcy on February put a great deal of effort and energy quickly, the recession we are living 12, 2008, because of the medical costs of into producing the budget resolution through now will seem like nothing Scott’s illness. that came from the Senate which real- compared to what will happen when $35 Claudia from Providence is self-em- ly served as the model of what we have trillion in unfunded Medicare liabil- ployed and pays for her own health in- before us in terms of the conference re- ity—against which we have set not one surance. She recently did a few pre- port. This is a conference report, as I nickel—comes due. cautionary tests at her annual doctor Even more important, however, is have said repeatedly, that captures the visit when the doctor suggested they President’s key priorities of reducing the extraordinary price that hard- were a good idea. However, she found our dependence on foreign energy, fo- working Americans pay every day for out her health coverage only covers 80 cusing on excellence in education, and this dysfunctional system. In America, percent of her visit, and she had to pay providing for health care reform, which we have the best doctors, the best an extra $176. At the time, she didn’t is a special passion of the Senator from nurses, the best procedures, the best realize how much these tests would Rhode Island. It also contains substan- hospitals, and the best equipment in cost her. She told me she might have tial middle-class tax cuts—in fact, over the world. Yet our broken health care skipped them had she known it was not $750 billion in middle-class tax cuts— system grinds that up and produces included in her premium. all the while reducing the deficit by mediocre results. She, like so many Americans, would two-thirds over the next 4 years. More than 100,000 Americans are As measured against a share of GDP, killed every year by unnecessary and have bypassed necessary health care in it is even better. We reduce the econ- avoidable medical errors. Many more order to save money. Claudia told me omy on that metric—and the econo- are faced with longer health care stays calling what we have a ‘‘health care mists say that is the best metric—by and higher costs. Life expectancy, obe- system’’ is too kind. It is more like a three quarters. No member of the com- sity rates, and child mortality are trap that people fall into. Marie from Wakefield told me she mittee has made a greater contribution much worse than they should be in a on health care issues than the Senator country such as ours. More families in had been healthy her entire life until extreme pelvic pain sent her to the from Rhode Island, Mr. WHITEHOUSE. America experience bankruptcy be- The ACTING PRESIDENT pro tem- cause of medical expenses for that fam- emergency room twice in 2006. She was pore. The Senator from Rhode Island is ily than any other cause. eventually diagnosed with endometrial recognized. Fundamentally, the system itself cancer, which was treated with a Mr. WHITEHOUSE. Mr. President, I doesn’t work. Hospitals are going hysterectomy and six sessions of chem- thank the distinguished chairman of broke, doctors are furious, and paper- otherapy. Fortunately, Marie had ex- the committee for his kind words. I work chokes the system. Quarrels be- cellent coverage and paid very little congratulate him on having brought tween providers and payers drive up for the countless doctor visits, blood this budget successfully to the floor for the cost, while potential savings in bil- work, hospitalizations, scans, and spe- a vote at this point. The procedures the lions of dollars for improved quality cialists. But now her employer will be budget must go through are very com- and prevention lie there on the table. changing her coverage dramatically. plex. The consequences for this body, if It is a system in crisis, and it threatens She may not have post-retirement the budget should fail, are dire, and the our Nation’s fiscal security. It must be health care options, and her copay may economic catastrophe the country and repaired, and we have to see this as an rise considerably. She has no idea what our new President have been presented urgent task. her future health care needs will be. with have made this a particularly Mr. President, a few months ago, I All she knows is she was once promised challenging budget substantively to added a new feature to my Web site, one thing, when her career began, and work with. Through all that, the dis- which is a Health Care Storyboard, to now as she looks toward retirement, tinguished chairman has persevered give Rhode Islanders a chance to share she is faced with very different options. and succeeded with his customary dili- personal experiences in the health care Finally Barbara from Exeter, a reg- gence, grace, and good will; and it is system and their ideas for how to fix it. istered nurse since 1983 and works in customary on our part to rely on his Since we launched the Storyboard, hospice care. She told me about her ex- expertise. He made a remarkable con- more than 300 people, from 45 different perience ‘‘watching our health care tribution. It would not be right to not communities, have sent me their sto- system fall apart at the seams, while acknowledge what a spectacular ries. While I was in Rhode Island over insurance giants have gotten out of achievement, under the circumstances, the recess, I had the chance to meet control.’’ Barbara said she had wit- this has been. with some of the people who sent in nessed providers who no longer deter- What is particularly useful about stories, so I could talk to them first- mine what the best care is for patients this budget is the emphasis on the hand. based on clinical excellence, but rather

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I think we are because of costs, and ultimately spend- the budget that President Bush inher- doing the American people a service by ing more because when they finally ited and the budget projections he was passing this budget and it is thanks to seek treatment, their illnesses have be- given the day he took office and the ac- the chairman’s leadership. come more severe. ‘‘The whole concept tual budget outcomes that the Bush I yield the floor. of insurance is not what people expect administration produced, the dif- The PRESIDING OFFICER (Mr. it to be,’’ she said. ference was nearly $9 trillion—$9 tril- MERKLEY). The Senator from North Da- These are just stories of six Rhode Is- lion of debt. During that time, there kota. landers. In them we see a loss of dig- was not a peep from our Republican Mr. CONRAD. Mr. President, I, again, nity, a loss of security, a loss of con- friends about this carnival of debt, this thank the Senator from Rhode Island, fidence and comfort, a loss that is orgy of fair weather debt in which Mr. WHITEHOUSE, who is such a valu- shared by millions of Americans. Their George Bush and the Republican party able member of the Senate Budget stories remind us that health care re- engaged. Committee, as is the occupant of the form isn’t just an abstract Washington Now something has changed. We have Chair, who has newly joined us and is problem—that underneath the awful a different President, and suddenly we already making good contributions to numbers we see coming out of our are hearing a whole different message our work. We are delighted to have health care system are even more from the Republicans. Now that we Senator MERKLEY, the occupant of the awful human tragedies. have a serious recession, the one time Chair and a Member of the Senate As we work to reform our health care when families are contracting their Budget Committee, with us and appre- system, two goals loom large: One, en- budgets, businesses are contracting ciate so much the efforts of Senator suring that health care is available for their budgets, and State and local gov- WHITEHOUSE and Senator MERKLEY in all, and that it is affordable. But the ernments are contracting their budg- developing a budget resolution that, by stories I have heard from these and ets, and the Federal Government has the way, our outline was largely fol- hundreds of Rhode Islanders remind us an economic obligation to spend lowed in the conference committee. It it is not just enough to solve the prob- counter cyclically to keep the budget is very close to what passed the Senate lem of coverage. When the boat is sink- from melting down, now at this time earlier. I think the reasons for that ing, it is not enough to get everybody we hear the most intense caterwauling success are, No. 1, we did capture the out of the water and into the boat. In- about debt and deficit. President’s priorities of reducing de- stead, we must also reform the health I ask my colleagues, where were you pendence on foreign energy, a focus on care system itself, making it more in- when the Bush administration was run- excellence in education, providing for telligent, more sensible, more helpful, ning up nearly $9 trillion, putting a major health care reform that is abso- more efficient, better supported by in- war in Iraq on the credit card, and giv- lutely critical to the country’s future formation technology, and better ing tax relief to America’s billionaires? and, at the same time, cutting the def- grounded in quality and prevention. We Where was the economic urgency of icit by two-thirds over the next 5 need an information technology infra- putting those things on the American years, by three-quarters as measured structure so every American can count debt tab? This is the one time when it by the gross domestic product, and also on his or her own secure electronic makes sense to countercyclically providing very substantial middle-class health record. We need improvements spend, to deficit spend through a reces- tax relief, hundreds of billions of dol- in the quality of health care so care is sion. Yet we hear these complaints. lars—in fact, over $700 billion—of mid- both cheaper and more effective. We I am a lawyer, as is the Presiding Of- dle-class tax relief that is in this budg- need to reform our misaligned payment ficer, formerly a distinguished attor- et. I think we can be proud of that. and reimbursement system so the ney general of New Mexico. We both We have already seen the budget ear- health care we want is the health care know that when you are arguing in a lier today pass in the House of Rep- we are paying for. court of law, if you intend to make a resentatives by a very wide margin. I This budget begins the process of point, it is usually helpful if the point anticipate, when we have our vote, it making that possible, and I am proud you are making is consistent with will also pass with a healthy margin. to support it. These delivery system re- what you have done in the past. It is I, again, especially thank Senator forms in health care cannot be just called the clean hands doctrine. You WHITEHOUSE and Senator MERKLEY, flipped on like a light switch. They will cannot come into court and argue for a who are key members of the Budget require complex workforce, regulatory, position when you have acted counter Committee who did so much to help us and infrastructure changes, and then to it in the past. You don’t have clean fashion a document that can command those changes will have to be imple- hands, and the court will take that the respect of our colleagues. mented and administered. It will take into account. For one moment, I would like to, as time. It could take years. It is all the I submit that our friends on the other we are waiting for Senator GRASSLEY more reason we need to start now. This side, the party of no, is now the party to arrive, indicate that earlier there budget launches us on that journey. of no consistency and the party of no were a number of comments made to We made good progress yesterday by clean hands on this subject. It is im- which I wish to respond. First, that confirming Secretary Kathleen possible to ignore the Bush debt of reconciliation could still be used for Sebelius, an experienced and deter- nearly $9 trillion and come to the floor global climate change legislation. mined leader who will be an enormous and claim that this President, in this Technically, that is true, but it is not asset in this fight. I am encouraged by emergency he inherited from the pre- going to happen. We have the absolute her confirmation, and I look forward to vious administration, should not do the assurance of all those who are in lead- her leadership at the helm of this ef- one thing economists say makes sense ership positions in the House and the fort. Reforming our health care system in this timeframe, which is in a reces- Senate, the President of the United will be more than a financial problem, sion to have the Government spend States—in fact, the President has as- more than a policy puzzle, and more countercyclically. It makes no sense. I sured me directly—directly—that he than a political fight. This is a land- think we need to do what President would not allow that. Let’s take that scape of human tragedy, and families Obama does: Look to the future, look off the table. all across this country are struggling to the pressing priorities of our time, Second, we have heard concern from every single day that we fail to act. look to the urgent demands, such as our Republican colleagues about the This budget does that. It is a good health care, and support this budget. use of reconciliation. I share those con- thing. Before I leave the floor, I have I will conclude, again, with my very cerns. I have opposed the use of rec- to add this because I have been listen- great appreciation for the extraor- onciliation for these purposes. But my ing across the internal television net- dinary work my chairman on the Budg- own belief is health care will not use work to the speeches of my col- et Committee has done to bring us to the reconciliation process. I believe leagues—in particular, Republican col- this day. I think we can look forward health care will move in the regular

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.045 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4865 order. The committees of jurisdiction was in the range of $1.3 trillion—a huge priced. That is a tough assignment, no have until October 15 to do so. amount of money that we were in red doubt about it. But in this budget, we I see now that Senator DURBIN, who ink facing. address that issue. is a member of our leadership, is here. President Obama faced a tough task Senator CONRAD has talked about If he is ready to go—how much time dealing with an economy that was flat reconciliation. That is a term which does the Senator request? I yield 15 on its back in a recession and how to beyond divorce court most people do minutes to the Senator from Illinois, revive it, how to make sure we create not know what you are talking about. Mr. DURBIN. and save jobs, how to get businesses For most Americans, it is a term of Mr. DURBIN. Mr. President, I thank back on their feet, how to give some mystery. For us, it is a procedure on the chairman of the Senate Budget tax incentives and help particularly to the Senate floor that changes the vote Committee, Senator CONRAD of North working families, how to fund the necessary to pass a bill. This is, after Dakota, not only for yielding but also things in Government which are essen- all, the Senate, and a majority does for his leadership in the preparation of tial because, as we know, when we get not get the job done on a given day. In this important document. into a recession, people need more the Senate, you need 60 votes out of 100 The budget resolution is a blueprint. things. to do anything that is controversial or We pass it and then we go to work with I went to a plant in Chicago with important. Reconciliation says: On any the individual parts of it in the appro- Vice President BIDEN on Monday, a given issue under reconciliation, a ma- priations bills. But we have to get this plant which last December laid off 240 jority is sufficient. But there are strict done first because the budget resolu- employees and now was reopening. We, rules on what you can put in there, tion tells us how much we can spend in of course, couldn’t be happier that was strict rules on what you can consider. total. Once we have that guidance, it is occurring. I asked one of the workers Senator CONRAD had to deal with this turned over to the Appropriations coming back: How did you get by for whole question: What procedure would Committee on which I serve. We then the last 4 or 5 months? Senator, unem- we use to move toward health care. I parcel it out among the different ap- ployment, that is how I got by. think he came up with a reasonable propriations subcommittees and go to Unemployment compensation is one conclusion, and it is one I support. If work looking at the individual budgets. of the things Government pays out in by October 15 we have not made I have one of those subcommittees for the midst of recession. With more and progress toward health care reform, we which I am responsible. We cannot more Americans out of work, we have can consider it under the reconciliation start working until this budget resolu- been paying out more for unemploy- rules. tion is agreed to. ment insurance, for food stamps, the My friends on the other side of the It is not an easy political task. First, basic things people need to survive aisle, the Republican side of the aisle, it is a highly technical document until the economy turns around and have protested this saying it is fun- which few Members understand in de- their lives turn around. damentally unfair, unconstitutional, tail, the chairman and ranking member Faced with that, this Budget Com- and ungodly. But the fact is, it has being notable exceptions. Second, it is mittee had to sit down and try to write been used repeatedly, 18 or 19 times in highly political because when you start a budget that moved us toward reduc- the last few years, and it has been used describing what your budget is going to ing the deficit in America and also re- as frequently, if not more so, on the look like, not only next year but sev- vitalizing the economy. That is a tough Republican side of the aisle as the eral years down the road, you are doing job. If your goal is just to reduce Democratic side. I don’t think there is more than putting figures on paper, spending, that is pretty obvious. We anything inherently evil in it unless you are spelling out your values, what know how to do that. But if your goal you are in the minority and it dimin- do you want to do. is to still spend enough to get the econ- ishes your power in the Senate. The budget submitted to us by Presi- omy moving and yet create a trend Senator CONRAD struck the right bal- dent Obama is significantly different that moves us at least closer to a bal- ance. He gives us a chance to deal with than the budgets we have seen in years anced budget, then you have a tough it in a bipartisan fashion but says, if at gone by. His priorities differ from pre- assignment. the end of the day, October 15, we are vious administrations, particularly of Now add in two other elements that not going to have anything to show for President George Bush. We have to re- make this even more complicated. our efforts, we can at least consider alize that in the last 8 years, there has President Obama said if we are going reconciliation. I think that is a reason- been a significant change in Govern- to spend money in this economy, we able approach. ment spending. In the entire history of need to invest it in what has meaning, This budget resolution also offers a the United States of America, through long-term investments in America. promising vision when it comes to edu- all the Presidents, including President There is this caricature of WPA, under cation. The budget will dramatically Clinton, we had accumulated about $5 Franklin Roosevelt, of people leaning expand access to quality early child- trillion in debt. That is all the debt of on shovels, folks sitting at desks where hood education, including Head Start. America. That was our mortgage when phones never ring. I am not sure that is The budget invests in teachers and in- President George W. Bush took office. any more than caricature. novative programs. This budget will When he left office—let me go back. Today President Obama said: Let’s help us build the education system we When he assumed office, he assumed create jobs that we will use to invest in need to compete in the global econ- a surplus. In other words, the last our future. Let’s build things that will omy. budget left to him generated more have value to us in the outyears. He It is almost a cliche in politics for us money than we were spending. What looked at two or three areas in specific to talk about education. Every politi- did we do with the surplus? We reduced terms. One is health care, and the cian, every candidate does. But the the debt of the Social Security trust President is right. If you look at the American people know intuitively this fund, which meant that Social Security curve line on the increase in costs of was their ladder to success. Unless you could last a few years longer. health care in America, it continues to were born on some crystal staircase, President Bush inherited a surplus in rise. It will continue to rise unabated you were lucky enough to get a good the budget and a $5 trillion mortgage to the point where there is no hope for education and make your way in life. that all the Presidents had accumu- us to balance this budget. We will start We want to make sure more kids are lated. spending more and more on health care reached earlier in their school years, When he left office, what did he leave for the elderly, for the poor, for those their learning years, and given that behind? Eight years after he was elect- who are disabled to the point where we chance. This budget does it. ed President, he left a national mort- cannot even consider any kind of bal- It also takes into account the fact gage of over $10 trillion. It had doubled anced budget. The President said: As that tuition costs are increasing dra- in an 8-year period of time, and he left part of this next budget, let us move matically. I left a hearing in the other to the new President, President toward the day when we have a new building of a person who is seeking a Obama, the largest deficit in the his- health care system in America, one Federal circuit court judgeship. That is tory of the United States. I believe it that serves everyone and is reasonably a pretty high-level appointment. I

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.052 S29APPT1 smartinez on PROD1PC64 with SENATE S4866 CONGRESSIONAL RECORD — SENATE April 29, 2009 noted this man, who is roughly 51 years Republican vote in the House of Rep- something, and I hope in time that will old and has been a lawyer and a judge, resentatives. Fortunately, three Re- become very clear. at the age of 51 still has over $40,000 in publican Senators stepped up and said Today, the Senate begins its debate student loans to pay off—51 years old, they would join us in passing it over on the congressional budget resolution, $40,000 left. here; otherwise, it wouldn’t have hap- and it will pass shortly, I am sure. The It is no surprise, if you are putting a pened. budget process started, of course, with child through college and they are for- Well, in comes the President’s budg- the President’s budget coming to the tunate enough to be accepted at a et—an effort to reduce the deficit by Hill on February 26. That was about 2 great school, they could end up with a half over 4 or 5 years, an effort to make months ago. During the committee great debt. We want to make sure, par- the right investments—and not a single process—and I participated in that ticularly for those in lower income Republican in the House of Representa- process, and I participated in the floor groups, that there is more Federal tives would support it. They have be- process—we faced one key question, money available to help them. come the party of ‘‘no’’ when it comes and that was: Should we apply more or Since 2000, the average cost of tuition to this Obama administration. He con- less budget discipline to the record at a 4-year college has increased by 29 tinues to open the door and invite debts and deficits of my President, percent, and financial aid has not kept them in, and too many of them say: President Obama, on what he inherited up. This bill moves us toward more fi- No, we are not interested. January 20, 2009? nancial aid for students. Well, the American people are inter- Over the past few weeks, we have Energy is another element the Presi- ested. The American people voted for heard a lot about revisionist fiscal his- dent focused on because if we don’t find change. They voted for new direction tory or it might best be described as ourselves more independent when it and new leadership. And I commend heavy editing of recent budget history. comes to energy sources, we are not the Senator from North Dakota for I was pleased to see the distinguished only going to be at the mercy of other bringing this to the floor, and I hope Budget Committee chairman make the countries with these energy resources, we pass it with a convincing vote. record clear: President Obama inher- our economy cannot thrive the way we I yield the floor. ited a $1.3 trillion deficit. I agree with want it to. If we are not sensitive to The PRESIDING OFFICER. The Sen- that. I don’t take exception to that. the fact that responsible use of energy ator from North Dakota. Those are quantifiable facts. Repub- would make certain we don’t increase Mr. CONRAD. Mr. President, I thank licans don’t disagree that President global warming and climate change the whip, Senator DURBIN, for all of the Obama inherited a large deficit. One point of clarification, though, and jeopardize future generations, we leadership he has provided that has needs to be made. The deficit and the will pay an even heavier price. helped us get to this point. We had debt were bequeathed on a bipartisan This budget lays the groundwork for some pretty direct meetings with some basis. That was due to the makeup of cutting back on energy sources that of our colleagues. Sometimes voices the Presidency last time and the Con- generate greenhouses gases. The budg- were raised, and there was a lot of en- gress over the last 2 years. The Demo- et proposes we spend less money burn- ergy in the room, but it is that kind of cratic leadership obviously controlled ing conventional fuels and more money dialog which is essential to getting the House and Senate during the years on cleaner energy sources, and it helps agreement. I think we have done that, those budgets were drawn up—2007 and us create good-paying jobs in energy and we have achieved it in a way that 2008. The Democratic leadership wrote pursuit. Some of the most exciting is responsible and fair, and I thank him the tax and spending bills President areas of our economy—I think the very much for his leadership and his Bush signed in the last Congress. So areas that will grow us out of this re- friendship. congressional Democrats negotiated Mr. President, Senator GRASSLEY is cession—relate to new visions on en- the bailout bill with the Bush adminis- next, and I would yield—how much ergy. tration. Those fiscal policy decisions, I tell the story about the Sears time? though at times very combative, in the Mr. GRASSLEY. I thought they re- Tower—now called the Willis Tower— end were jointly made on the one hand served 15 minutes. in Chicago. This magnificent building, by a Congress, controlled by the Demo- Mr. CONRAD. I yield 15 minutes off built 35 years ago, has 16,000 single- crats, and by the administration, con- Senator GREGG’s time to Senator pane windows—totally energy disas- trolled by a Republican President. So GRASSLEY, who is, by the way, let me trous. They are going to be replaced, it was bipartisan. hopefully with energy-efficient win- just say, a very valuable member of the The antirecessionary spending, to- dows. And I hope they will be made in Senate Budget Committee, the ranking gether with the lower tax receipts and Chicago. We have a new plant there member of the Finance Committee, the TARP activities, set a fiscal table that can do it. and somebody who is extremely con- of a debt of $1.3 trillion. That, in fact, The point is, at the end of the day, in structive. We don’t always agree. That was on the President’s desk when he 3 years, Willis Tower—once Sears is the beauty of democracy. But when took over the Oval Office on January 20 Tower—can recapture the cost of those Senator GRASSLEY speaks, people listen this year. That is the highest deficit as windows in energy cost savings. In the because he has earned their respect. a percentage of the economy in post- meantime, we can produce this new The PRESIDING OFFICER. Without World War II history. Not a very pretty window, creating jobs for people to objection, the Senator from Iowa is picture, Mr. President. make 16,000 windows. It fits together recognized. I have a chart here that shows that nicely and it reduces the carbon foot- Mr. GRASSLEY. I thank the Chair, part of the story, and that part of the print of this building. Buildings are one and I thank the distinguished chair- story is the gray there, as you can see. of the major sources of pollution in man of the committee for those kind As predicted a couple of months ago, America. remarks, and I hold him in high esteem that picture got a lot uglier with the Finally, let me say that this con- as well. stimulus bill. So for the folks who saw ference report provides tax relief for First of all, the budget we are voting that bill as an opportunity to ‘‘re- American families when they need it on had bipartisan opposition in the cover’’ America, with Government tak- the most, and I hope we can continue House of Representatives. Seventeen ing a larger share of the economy over on that. Democrats voted against this budget. the long term, well, they can say: Mis- It is sad and disappointing to me that Most of those are what you call con- sion accomplished. For those who the budget offered in the House of Rep- servative Democrats, or whatever title voted for the stimulus bill—and I resentatives, the one we will vote on they want. That is what I will call didn’t—you put us on a path to a bigger later, didn’t receive a single Repub- them—fiscally conservative Demo- role for the Government. Over $1 tril- lican vote, not one, not a single vote. crats. They think this budget leaves lion of new deficit spending was hidden The stimulus bill the President too much of a legacy to our children in that bill. It caused some of the extra brought forward to try to turn the re- and grandchildren in the way of debt. red ink in this chart. cession around—the Recovery and Re- So bipartisan opposition ought to tell So I point to what is called the inher- investment Act—didn’t receive a single this White House and this majority ited aspect of the debt, and those are

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.053 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4867 the red bars on top of the gray bars— normal. Levels once considered a fiscal as far as the percentage change com- what was inherited. vice by most people—at, say, the peak pared to before. This credit crunch and I think supporters of that bill need to during the Bush years—of 3 to 4 per- other factors have contributed to a own up to the fiscal course they centage points—here in the years 2007 near record low in the NFIB’s index of charted. Again, that is the red line, if and 2008, as you can see from the small business optimism. you want averages, and it is the red chart—are very dramatically dwarfed I have a chart that puts this data in bars for what has been done since this during the outyears of the President’s perspective. We have here, over a long President has come to office. budget. Fiscal vices become what? Fis- period of time, the optimism of small To be sure, after the other side cal habits, under this budget. I would business. What you see is the attitude pushed through the stimulus bill and ask anyone whether they define that of decisionmakers in small business the second $350 billion of the TARP plan as fiscal discipline. America. Those are the decisionmakers bill, CBO reestimated the baseline. A Everyone in this body wants to help for businesses that President Obama portion of this new red ink up front is get our economy back on track. If the and Congress agree are the businesses due to that reestimate. The bottom economy gets back on track, everybody most likely to grow or contract jobs. line, however, is that reestimate oc- wins. From a fiscal situation, there is The pessimism is at its second lowest curred several weeks—several weeks— no better policy development than point in those 35 years of surveying. after the President and a more robust growing the economy. More economy The data should concern every policy- Democratic majority took over in Jan- to be divided over an increasing popu- maker in this town. uary of this year. Decisions were made. lation, so more economy for more peo- As bad as the two sets of data are, it And do you know what happens here? ple to have more. If we do not grow the gets even worse. This chart shows the Decisions have consequences. So fiscal economy, we have less for more people. net increase or decrease in small busi- consequences followed. I think everyone in this body would ness hiring plans. The survey asks the The budget before us, for the most agree that we ought to grow the econ- business owner whether he or she part, follows the fiscal trail blazed by omy. Likewise, we know small busi- planned to expand or contract employ- President Obama. As the administra- nesses are an extremely important part ment over the next 3 months. As you tion’s top budget official said: This of our U.S. economy. I like to say that can see right here, it is very negative. budget is 98 percent like the Presi- small business is the engine that drives This chart shows small business activ- dent’s budget. I want to congratulate the U.S. economy. President Obama ity contracting tremendously. Small the chairman on keeping some of the agrees that small businesses have gen- business hiring plans are at their most tax priorities of the Senate, however. erated 70 percent of the net new jobs negative level in the 35-year history of One deals with the alternative min- over the past decade, and most econo- this survey. imum tax patch. Although shorter mists agree with that. With this pessimistic environment, than I proposed, it is dealt with over 3 One month ago we debated the budg- we should not be surprised, then, that years. The chairman also kept part of et resolution on the Senate floor. Dur- small businesses are hemorrhaging the Senate’s middle-income tax relief. ing that debate, the Senate spoke on jobs. The President’s recent efforts to But on both the tax and the spending this point. Senator CORNYN’s small increase lending to the small business side, we need to take a hard look at business tax relief amendment passed sector are commendable. The center- what is going on at the end of this by an overwhelming 82 to 16; in other piece of the President’s small business budget term—2014. The budget resolu- words, 82 of the people in this body plan will allow the Federal Govern- tion conference report claims to reduce agreed with President Obama. ment to spend up to $25 billion to pur- the deficit from $1.7 trillion this year Senator SNOWE had a similar amend- chase the small business loans that are to about $520 billion in 2014. However, ment that was accepted by the man- now hindering small banks and lenders. the final year of the budget fails to in- agers of the floor bill. Last week the Unfortunately, very well intentioned clude the revenue loss from the alter- Senate spoke again. This time the as it is, that is a drop in a very empty native minimum tax patch for that question was phrased on a motion to bucket. Remember, small business ac- year. It fails to include the revenue instruct the budget resolution con- counts for about half of the private sec- loss for fully extending the 2001 and ferees on the importance of keeping tor. 2003 middle-class tax relief, the Presi- taxes on small business low. The vote Moreover, the positives that will dent’s Making Work Pay tax credit, grew even more: 84 in favor of it, 9 come to small business from this rel- the Medicare physician fix, and natural against it. Unfortunately, the con- atively small package of loans which disasters, but it does include illusory, ferees did not adopt the Senate budget will ultimately have to be paid back unspecified future discretionary spend- resolution protecting small businesses will be heavily outweighed by the nega- ing cuts. When you add it all up, the from tax increases. tive impact of the President’s proposed thing it fails to do—or claims to do but America’s small businesses have been tax increases on those very same small doesn’t—the conference report falls suffering during this recession. We will businesses, the business sector. Helping hundreds of billions of dollars short of hear it in our events back home—I do. small businesses get loans just to take its claimed deficit reduction. A very good source of answers on the the money back in the form of tax So let’s return, then, to the basic environment for small businesses is hikes is not wise. It would be wise to question I asked at the very beginning found in the monthly survey of small make those loans possible, but these and also asked when we started the businesses, the survey by the National tax policies that the President is budget process several weeks ago. The Federation of Independent Business, thinking about doing are going to question, once again, is this: Should we NFIB, a spokes-organization for small hinder small business. apply more or less budget discipline to business. They are well known around Don’t take my word for it. Just today record debts and deficits which my here. They have been conducting this the National Federation of Independent President, President Obama, inherited survey for 35 years. Business wrote to all of us, all the on January 20, 2009? This budget does The NFIB membership includes hun- Members of the Senate, on this point. answer that basic question. It makes dreds of thousands of small businesses NFIB’s hundreds of thousands of small the fiscal situation even worse. Inher- all across America. I encourage every business owners oppose this conference ited debt doesn’t stay at its unaccept- Member to check out this important report. I ask unanimous consent that a ably high level; it doubles to 82 percent survey and particularly this month’s copy of that letter be printed in the of gross national product. survey. RECORD. So we have another chart here, with This survey shows some extremely There being no objection, the mate- the red line going up toward the top in disturbing trends. On credit avail- rial was ordered to be printed in the the 10-year outlook that the Congres- ability, small businesses are getting RECORD, as follows: sional Budget Office shows to be over squeezed very hard. We have a chart NATIONAL FEDERATION OF INDEPENDENT BUSINESS, 80 percent. Abnormal deficit levels be- that shows this trend. Particularly, Washington, DC, April 29, 2009. come normal deficit levels. Again, you look out here at the year 2009 on the DEAR SENATOR, On behalf of the National see here what is normal and what isn’t right side of this chart. It is way down Federation of Independent Business (NFIB),

VerDate Nov 24 2008 00:38 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.055 S29APPT1 smartinez on PROD1PC64 with SENATE S4868 CONGRESSIONAL RECORD — SENATE April 29, 2009 the nation’s largest small business advocacy the small businesses of America. We I would say that is a tortured defini- organization, I am writing in opposition to need to reverse the direction of the tion. There are people with much S. Con. Res. 13, the fiscal year 2010 budget sharply downward-sloping arrow that greater wealth—under their definition, conference report. you have seen on some of these charts. NFIB is discouraged that the conference Bill Gates is a small businessman. The report does not contain more relief for small That is where the President and the richest or second richest man in the businesses, but instead places more burdens Congress agree that we need to get world is a small businessman. Under on them. The March small business opti- more job growth. their definition, Warren Buffett is a mism index hit the second lowest reading in I quoted the President: 70 percent of small businessman. I don’t think so. the 35–year history of the NFIB Small Busi- the new jobs—small business. We in In the Bush tax cut in 2007, people ness Economic Trends (SBET) survey, with this party agree with that. As we move averaging over $1 million a year in in- plans to hire and make capital expenditures on from the budget, let’s recognize the come got on average a tax reduction of at or near an all-time low. Small business is reality and the importance of small almost $120,000 a year. The vast major- the source of job creation, but economic business. growth will be stalled if Congress continues ity of people got next to nothing, as I yield the floor. this chart shows. But those with aver- unchecked spending while increasing taxes The PRESIDING OFFICER. The Sen- and placing new mandates on America’s job age incomes of more than $1 million creators. ator from North Dakota. got tax reductions averaging $120,000. Mr. CONRAD. Mr. President, let me Specifically, NFIB is concerned the con- That is one of the reasons we are in the take a moment to review what is in the ference report assumes the top individual tax deep hole we are in. rates will expire, which would mean a tax in- resolution before us with respect to My assertion is, on the loophole clos- crease for some small business owners. In- taxes because I think it is important to ers we have, we can go after money creasing audits and the tax filing burden as go over it. The actual tax changes on a that is owed that is not now being col- a way to close the tax gap would be a direct net basis in this package are a reduc- lected. The tax gap in the most recent hit on small businesses. In addition, despite tion from current law of $764 billion. year for which there is a calculation, bipartisan support in the Senate for addi- We have $512 billion of middle-class tax tional relief from the estate tax, this help for 2006, amounted to $345 billion a year, relief. All of the 2001 and 2003 provi- small business was removed in the con- money that is owed that is not being sions that provide individuals tax relief ference. collected. That is the first place we to the middle class are provided for for We are also concerned that considering ought to focus before we talk about a healthcare legislation under the reconcili- the next 5 years in this budget resolu- tax increase for anyone. ation process will lead to a bill that does not tion. The 10 percent bracket, marriage The second place we ought to look is generate bipartisan support. Essential to the penalty relief, all the other 2001 and these offshore tax havens. These off- long-term economic stability of our nation’s 2003 tax cuts, including the child tax shore tax havens are running amok. small businesses is the need to address the credit and the education incentives, all unsustainable, ever-increasing costs of Here is the conclusion from our own of them are in this budget. healthcare. However, reforming the Homeland Security and Government healthcare system is a large undertaking im- We also have alternative minimum tax reform for 3 years, as the Senator Affairs Permanent Subcommittee on pacting all Americans and—as we have stat- Investigations. This is from their work ed repeatedly—must be a bipartisan effort. indicated. We have estate tax reform The budget conference report does not con- going to $7 million a couple excluded in 2007: tain the right policy direction for our na- from any estate tax. That means 99.8 Experts have estimated that total loss to tion’s small businesses, and I encourage you percent of estates would pay nothing, the Treasury from offshore tax evasion alone to vote against it. zero. approaches $100 billion per year— Sincerely, The tax extenders for business are all It is $100 billion a year in these off- SUSAN ECKERLY, included for a subtotal of tax relief of shore tax haven scams— Senior Vice President, Public Policy. $861 billion. including $40 to $70 billion from individuals Mr. GRASSLEY. Here is what the On the other side we have $97 billion and another $30 billion from corporations en- NFIB says in that letter: of tax raises. That $97 billion is loop- gaging in offshore tax evasion. Abusive tax NFIB is concerned the conference report hole closers aimed primarily at off- shelters add tens of billions of dollars more. assumes the top individual tax rates will ex- shore tax havens and abusive tax shel- We do not have to wonder if our own pire, which would mean a tax increase from ters. Let me just indicate, only 2 per- Permanent Subcommittee on Inves- some small business owners. cent of taxpayers with business income tigations knows what they are talking Do we really want to raise taxes on are affected by the changes in the top about. We can just go to the news- these small businesses that create new rate because, again, all the 2001 and paper. Here is February 20 of this year, jobs and employ two-thirds of all small 2003 tax cuts are extended for those the New York Times: business workers? With these small earning less than $250,000 a year. Only The UBS memo was blunt: The ‘‘Swiss so- businesses already suffering from the 2 percent of taxpayers with small busi- lution’’ could help affluent Americans. credit crunch before the entire coun- ness income are affected by the top That message, sent to the bank’s execu- try, do we really think it is wise to hit rate changes. That means 98 percent tives in July 2004, referred to a UBS plan to small business again with this double- are not. help rich customers evade taxes by hiding whammy of a 20 percent increase in Under the definition being used by money in offshore havens like the Bahamas. marginal tax rates? The memo, along with dozens of e-mail our colleagues across the aisle, former messages like it, were disclosed on Thursday As we move forward from the budget Vice President Cheney would qualify as in a blistering court document filed by the process, the President and the congres- a small businessman because what they Justice Department, which sought to compel sional Democratic leadership have an are describing as small business people UBS, based in Switzerland, to divulge the opportunity to change course. From is ‘‘anybody who has on their income identities of 52,000 Americans whom the au- my 33 town meetings in Iowa during tax returns small business income.’’ thorities suspect of using secret offshore ac- spring break, they want to change that There are a lot of people who are very counts at the bank to dodge taxes. course. There is a lot of concern about big business people, have big busi- We do not have to use our imagina- the legacy of debt that we are leaving nesses, who show small business in- tions very much to figure out what is to children and grandchildren. Both come on their returns. going on. Here is a little five-story budgets would perpetuate the double Vice President Cheney, under the def- building in the Cayman islands called whammy of constricted credit and high inition used by our colleagues on other Ugland House. It claims to be the home taxes directed at America’s job engine, side of the aisle, like any taxpayer of 14,000 companies. Can you see them small business. with any small business income, quali- there in this little five-story building? So as I close, in the coming months fies as a small businessman. Vice Do you see them doing their business we Republicans will try to persuade President Cheney in 2007 had income of out of this building, 14,000 companies, our Democratic friends who have all $3 million. He had $180,000 of small supposedly doing business out of this the controls of fiscal policy to change business income, small businesses in little building down in the Cayman Is- course. One way they can change which he apparently has an interest. lands? course is to focus like a laser beam on Under their definition, he is a small They are not doing any business out jump-starting the Nation’s job engine— businessman. of that building. They are engaged in

VerDate Nov 24 2008 03:06 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.007 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4869 monkey business. What they are doing keep rates low for the vast majority of is static. In fact, small businesses move is an elaborate tax scam, much of it re- us who are honest. in and out of gain and loss status de- vealed in the UBS court documents; I have heard the argument on the pending on the nature of the business much more revealed in the collapse of other side that we have got the highest and business cycle. The nonpartisan Stanford Financial, which has shown corporate rate in the world. Well, what Joint Committee on Taxation has indi- that there are loads of companies, is true is we do have one of the highest cated that, for 2011, approximately 3 loads of individuals, who are engaged nominal tax rates, stated tax rates. percent of small business filers will be in dodging what they legitimately owe But our effective tax rate on corpora- hit by these proposed higher rates. the United States by establishing these tions is among the lowest in the world. These statistics compare to a 2007 offshore tax haven locations, where That is because, while the statutory treasury which showed 7 percent of they claim they do business, and all rate is 35 percent, the effective rate, flow-through business owners paying they are doing is dodging taxes. what companies actually pay, is only the top rate. In the latest analysis, Let me say, most of the largest U.S. 13 percent. When you take that into ac- when the impact of the alternative corporations have subsidiaries in tax count, here is where we stack up. Here minimum tax—AMT—is fully included, havens. Eighty-three of the one hun- are the major industrialized countries that percentage may drop some. dred largest publicly traded U.S. cor- in the world. Here is the average. Here Small Business Administration— porations have subsidiaries in tax ha- is where the United States is. The only SBA—data provide evidence of the dy- vens, and 42 of these companies have countries that have a lower effective namic nature of small business. You subsidiaries in 10 or more tax havens— corporate tax rate than the United can find that data on the SBA Web site 10 or more. States are Slovakia, Poland, Austria, in its frequently asked questions dis- Sixty-three of the one hundred larg- and Germany. Everybody else has a cussion. The website is www.sba.gov/ est U.S. Federal contractors have sub- higher effective corporate tax rate advo. According to SBA, 67 percent of sidiaries in tax havens, and 33 of these than do we. I make this review for the small businesses survive for 2 years; 44 companies have subsidiaries in 10 or purposes of establishing this in the percent of small businesses survive at more tax havens. Look, anybody who RECORD. least 4 years; and 31 percent of small does not see what is going on is blind. Mr. GRASSLEY. Mr. President, I businesses survive at least 7 years. Here is the picture I hope people will would like to briefly respond to my The second faulty assumption is that pay attention to. This is a sewer sys- friend from North Dakota, the chair- the level of small business activity, in- tem in Europe. A sewer system in Eu- man of the Budget Committee. The cluding employment, is proportionate rope. What has that got to do with the chairman was responding to my re- to the filer percentage. budget of the United States? Well, it marks on small business and the ef- According to NFIB survey data, 50 turns out to increasingly have a lot to fects of proposed 20 percent higher percent of owners of small businesses do with the budget here, because this is marginal rates on small business own- that employ 20–249 workers would fall a sewer system that was bought by a ers. in the top two brackets. You can see it The budget brought before us raises U.S. company that is not in the sewer right here on this chart. business. They bought this sewer sys- taxes on small business owners. There According to the SBA, about two- tem in Europe to depreciate it on their can be no question about it. Here is thirds of the Nation’s small business how it works. books in the United States to suppress workers are employed by small busi- The President’s budget proposes to taxes they legitimately owe here. Do nesses with 20–500 employees. raise the top two marginal rates from Newly developed data from the Joint you know what they did. After they 33 percent and 35 percent to 40 percent Committee on Taxation demonstrates bought it so they could depreciate it, and 41 percent respectively, when PEP that 55 percent of the tax from the they leased it back to the European and Pease are fully reinstated. Presi- higher rates will be borne by small city they bought it from and paid for it dent Obama’s marginal rate increase business owners with income over in the first place. would mean an approximately 20 per- If we do not cut down and stop this $250,000. This is a conservative number, cent marginal tax rate increase on because it doesn’t include flow-through kind of scam, shame on us. Shame on small business owners in the top two us. And some of our friends over here brackets. business owners making between say that is a tax increase. Well, sign Many of my friends on the other side $200,000 and $250,000 that will also be me up if that is a tax increase to shut will say that while they agree that suc- hit with the budget’s proposed tax down this kind of scam. The vast ma- cessful small businesses are vital to the hikes. jority of us pay what we owe, but a few success of the U.S. economy, the mar- Now, as is frequently the case in de- get by with establishing these accounts ginal tax increases for the top two bate, the proponent of an idea seeks to in these offshore tax havens and engag- brackets will not have a significant change the nature of the debate by ing in these unbelievably abusive tax negative impact on small businesses. changing the question. We witnessed a shelters. The chairman appears to fall into this bit of that this afternoon. So we need tax reform. We have got camp. Notice the distinguished chairman a tax system that is out of date and Proponents of these tax increases, did not dispute the basic thrust of the hurting U.S. competitiveness. We are like the distinguished chairman, the points I raised. Instead, he said, we, on hemorrhaging revenue. Right now we senior Senator from North Dakota, this side, used an unfair or inappro- are only collecting about 75 percent of seek to minimize their impact by refer- priate definition of small business. He what is actually due under the current ring to Tax Policy Center data that in- cited examples of former Vice Presi- code. So without any tax increases, we dicate about 2 percent of small busi- dent Cheney and Microsoft founder Bill can completely close the structural gap ness filers pay taxes in the top two Gates, Jr. The point seems to be that between spending and revenue in this brackets. In testimony before the Sen- the 750,000 flow-through small business country if we collect what the current ate Finance Committee, Dr. Bob Green- owners, again those most likely to ex- system says is owed. stein, director of the liberal think pand or contract their workforces, who The fact is, the vast majority of us tank, Center on Budget Policy and Pri- will be in the bulls-eye of the 20 per- on tax day pay what we owe. But in- orities, also used that figure. Moreover, cent higher marginal rates, should be creasingly we have got big companies, Secretary Geithner has testified that ignored. We should focus instead on wealthy individuals, who are not. Let’s this Treasury Department agrees with one or two examples. The point seems end it. Let’s end it. that figure. They argue that a minimal to be that it is fine to target the large The AMT is another problem threat- amount of small business activity is af- group of small business owners if you ening millions of middle-class tax- fected. can find a Cheney or Gates example. payers that we have addressed in this However, there are two faulty as- On this point, I direct the distin- proposal. Additionally, we have a long- sumptions to this small business filer guished chairman and the full Senate term imbalance that must be addressed argument. to the Treasury Conference on Business between spending and revenue. Finally, The first faulty assumption is that Taxation and Global Competitiveness we need simplification and reform to the percentage of small business filers Background Paper. It was put out on

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.058 S29APPT1 smartinez on PROD1PC64 with SENATE S4870 CONGRESSIONAL RECORD — SENATE April 29, 2009 July 26, 2007. The current Treasury is payers in the top two brackets. I will the budget contains a tax increase that spending some time updating this data ask consent to include a TPC chart is aimed at small businesses most like- and will be incorporating the full effect printed in the RECORD. ly to expand or contract. That tax in- of the alternative minimum tax— The proponents of a tax increase of crease is significant and real to those AMT—for 2011. If colleagues examine up to 20 percent in the marginal rates small business owners. They, not the the study at page 20, table 3.3, they will of small business owners should bear politicians voting in the tax increase, find an insightful analysis. The study the burden to disprove the concerns will have to deal with the added tax sorted Treasury data for flow-through those on our side have raised. Perhaps burden. entities. The analysis sorted the data they could work with Senator SNOWE, Last week, a strong bipartisan group to isolate active manager/owners from Senator CORNYN and others to craft an of 84 Senators agreed there is a prob- the broader pool of all flow-through fil- exception that shields the small busi- lem here. We are raising taxes on ers. When so sorted, Treasury found nesses that employ two-thirds of all Small Business America. We ought to that the lion’s share of income and tax small business workers from the tax in- be careful. was still born by those manager/own- crease. Pointing to an extreme exam- Throwing out a red herring involving ers. I ask consent to have printed in ple, like a Vice-President Cheney or a Vice-President Cheney or Bill Gates, the RECORD a copy of the Treasury Bill Gates, Jr., may make great sound Jr. doesn’t deal with the problem we table. bites for politics. have raised. Even the Tax Policy Center, an insti- It, however, will not amuse the small Mr. President, I ask unanimous con- tution in accord with President Obama business owners who have worked hard sent to have the materials to which I and the congressional Democratic lead- to build a business. It won’t amuse the referred printed in the RECORD. ership’s goal of raising the top rates on workers they need to layoff. It won’t There being no objection, the mate- small business, shows a large slug of amuse the suppliers they have to cur- rial was ordered to be printed in the active small business income in tax- tail purchases from. The bottom line is RECORD, as follows: FLOW-THROUGH INCOME AND INDIVIDUAL INCOME TAXES, 2006

Taxpayers with Flow-through in- Tax on Flow- Flow-through in- come/loss* through income/ come/loss loss* $millions % $billions % $billions %

All Flow-through income All taxpayers ...... 27.5 100 938 100 159 100 Top 2 tax brackets ...... 2.1 8 671 72 131 82 Top tax bracket ...... 1 4 573 61 113 71 Active, positive flow-through income All taxpayers ...... 18.3 100 762 100 145 100 Top 2 tax brackets ...... 1.4 7 433 57 109 75 Top tax bracket ...... 0.7 4 349 46 92 64 Flow-through income >50% wages All taxpayers ...... 11.9 100 880 100 156 100 Top 2 tax brackets ...... 1.1 9 608 69 127 81 Top tax bracket ...... 0.6 5 527 60 110 70 *=‘‘Flow-through income/loss’’ includes net ordinary income from sole proprietorships, S corporations, and partnerships plus net long-term and short-term gains from partnerships, S corporations, estates, and trusts. Source: U.S. Department of the Treasury, Office of Tax Analysis-analysis of unpublished IRS data.

TABLE T08–0164—DISTRIBUTION OF TAX UNITS WITH BUSINESS INCOME BY STATUTORY MARGINAL TAX RATE—ASSUMING EXTENSION AND INDEXATION OF THE 2007 AMT PATCH, 2009 1

All tax units Tax Units with business Percent of tax units with business income 3 Business income 2 income Statutory marginal income tax rate Number Percent of Greater Greater Greater Greater as per- (thousands) total Number Percent of than 0 than 10% than 25% than 50% cent of (thousands) total of AGI of AGI of AGI AGI 3

Non-filers ...... 20,758 13.8 999 2.9 4.8 3.7 3.3 3.0 7.5 0% ...... 23,434 15.6 6,960 20.0 29.7 28.6 26.0 22.8 62.7 10% ...... 22,375 14.9 4,740 13.6 21.2 16.2 12.6 8.9 12.1 15% ...... 49,522 33.0 11,024 31.7 22.3 12.5 7.8 4.5 6.9 25% ...... 25,506 17.0 6,662 19.2 26.1 12.0 7.1 4.2 6.7 26% (AMT) ...... 2,434 1.6 1,160 3.3 47.6 21.0 12.9 7.8 11.4 28% (Regular) ...... 3,137 2.1 1,175 3.4 37.4 20.6 15.4 10.4 13.0 28% (AMT) ...... 2,164 1.4 1,353 3.9 62.5 38.2 29.6 20.5 21.5 33% ...... 335 0.2 206 0.6 61.7 46.3 38.0 29.9 31.6 35% ...... 577 0.4 457 1.3 79.2 57.6 50.3 40.7 38.8 All ...... 150,241 100.0 34,736 100.0 23.1 15.2 11.4 8.4 14.7 Source: Urban-Brookings Tax Policy Center Microsimulation Model (version 0308–5). (1) Calendar year. Assumes extension and indexation of the 2007 AMT patch. Tax units that are dependents of other tax units are excluded from the analysis. (2) Includes all tax units reporting a gain or loss on one or more of Schedules C, E, or F. (3) Business income is defined as the sum of the absolute values of the gains or losses reported on Schedules C, E, and F.

Mr. CONRAD. I note my colleague and BUNNING. That deals with the out- I strongly opposed as a member of the Senator SANDERS, who is an important rage that exists in our country at what House Financial Services Committee, member of the Budget Committee, is happened last year and this year on have proven to be a grotesque failure. here. I ask the Senator how much time Wall Street. I think, as most Ameri- The bottom line is, when you deregu- does he seek? cans know, as a result of the greed, the late Wall Street, they do what we Mr. SANDERS. I need 5 minutes. recklessness, the illegal behavior we would expect that they do; that is, they Mr. CONRAD. I would be happy to have seen within some of our largest fi- do anything and everything they can yield 5 minutes. If the Senator would nancial institutions, our country and, to make as much profit as they can in like more at the end of that time, he in fact, much of the world, has been as short a period of time as they can, only needs to ask. plunged into a very deep recession Mr. SANDERS. I thank the chairman no matter how recklessly they behave which has cost millions of Americans for yielding. I want to congratulate in the process. their jobs, their homes, their savings, him and his staff for the excellent work They create a bubble. When that bub- and their ability to get a higher edu- they have done on this budget, which I ble bursts, as it surely would, the cation. certainly will be voting for. American people are left holding the What I wanted to do is to take a brief A lot of people are suffering because bag in the midst of a very deep reces- moment to highlight a provision in the of the greed and recklessness of Wall sion. In my view it goes without saying budget resolution that I introduced, Street. In my view, the regulatory ef- that we must restore regulations on along with Senators FEINGOLD, WEBB, forts of the last several decades, which Wall Street.

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.050 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4871 One part of that process is to bring I hope we are able to move to a vote sales, in terms of automobile sales. For about substantially increased trans- soon after Senator MCCAIN concludes the first time, we are seeing an im- parency. It is beyond comprehensive, it his remarks. But we have yet to hear provement. Last week we had before us is absurd, that trillions of dollars in definitively that that will be the case. in our caucus Mr. Bernanke, Chairman credit default swaps and other exotic I want to very briefly go over what I of the Federal Reserve, who said he and complicated financial instruments think is important about this budget. sees the economy turning, that the pre- are traded every single day with no First, it preserves the President’s key cipitous downturn seems to have public understanding about who owns priorities of reducing our dependence stopped or ebbed at least, and he sees these instruments or the impact these on foreign energy, which is critically the prospect of the beginning of recov- trades are having on the world’s finan- important to our national security and ery later this year. We all hope that is cial system. our economic security; a focus on ex- the case. I am happy to note that as one small cellence in education, because if we are This budget is an important part of step forward in terms of transparency, not the best educated, we are not going an overall economic recovery strategy. this budget resolution incorporates to be the most powerful country for While we have not adopted precisely provisions that passed the Senate by a very long; and, third, fundamental the budget the President sent us, there 59-to-39 strongly bipartisan vote. What health care reform. is good reason for that. Because from that amendment does is quite simple: We are on a course that is completely the time the President’s people made It adds the reality that in the midst of unsustainable in health care. We are their estimates of the revenue avail- this financial crisis, the Federal Re- spending nearly 18 percent of our gross able over the next 10 years, the Con- serve has lent out over $2 trillion to fi- domestic product on health care. That gressional Budget Office, some months nancial institutions. If you were to ask is $1 of every $6 in this country. But we later, did a new estimate which is the the American people, if you were to are on a trend line to spend 37 percent basis for our budget. The President’s ask any Member of this Senate, any of our gross domestic product on budget had $2 trillion more available to Member of the House, who received health care. That is more than $1 in him when he wrote his budget than we that money, which financial institu- every $3. That can not be the outcome. have had available to us in writing our tions got it, and what the terms are That will put us at a huge disadvan- budget. That necessitated changes in that they received it are, nobody would tage both in terms of competitiveness order to achieve the deficit reduction be able to tell you. No one in this coun- in this global economy, and it would he had called for and the deficit reduc- try understands it, because that has have devastating consequences on tion most economists say is fundamen- been kept secret. American patients, American con- tally necessary. What the provision that I introduced sumers, American families, American We wrote a 5-year budget, not a 10- into the budget resolution does is sim- business. year budget. Of the 34 budgets that ply say: We have got to make that pub- We know we need fundamental health have been written under the Congres- lic. The American people have a right care reform. The President has put sional Budget Act, 30 of the 34 have to know who is getting those loans and that front and center before the Con- been 5-year budgets. Why is that? Be- cause forecasts for 10 years are notori- what the terms are. gress of the United States, and it is ac- I am delighted that that provision is commodated in this budget resolution. ously unreliable. That is why Congress, in the budget resolution. In my view, No. 4, we have the extension of middle- 30 of the 34 times it has done a budget, has done 5-year budgets because the this is a small step forward in fighting class tax cuts, over $700 billion in tax forecasts, even then, for the outyears for transparency within the Fed. It is a cuts included in this bill, most of it di- were highly suspect. When we are talk- smaller step forward, overall, in begin- rected at the middle class. ing about a 10-year forecast, that is ning the reform measures that we need In addition, this budget reduces the just throwing a dart. to create a new Wall Street, so that deficit by two-thirds over 5 years. Rel- That is where we are. We have ative to GDP, we are reducing the def- never again will we be placed in the po- worked in a credible way to fashion a icit by more than that, by three-quar- sition that we have been over the last budget document that meets the needs few months. ters between now and 2014, from 12 per- of the American people, that puts us in I yield the floor. cent of GDP in 2010, to 3 percent of a better position for the future. I freely The PRESIDING OFFICER. The Sen- GDP in 2014. Those are the fundamen- acknowledge we must do much more, ator from North Dakota is recognized. tals of this budget. especially in the second 5 years. It is Mr. CONRAD. Mr. President, again I Is it perfect? There is no document absolutely imperative we do more to thank Senator SANDERS for his kind re- that is prepared by the hand of men get our long-term financial house in marks and for his contributions to the and women that is perfect. So we un- order. That is going to require entitle- work of the Budget Committee. He has derstand this is not a perfect docu- ment reform—Medicare, Social Secu- been a very energetic and important ment. This is the product of com- rity. That is going to require tax re- member. He has done an outstanding promise between 435 Members of the form because we have a tax system job of questioning witnesses before the House of Representatives and 100 Mem- that is only collecting about 75 percent committee, and he has also been some- bers of the Senate. This is purely a of the money due and owed under the one who has worked very hard on com- congressional document. It does not be- current tax rates. We wouldn’t need munity clinics, which I think are going come law. It is not signed by the Presi- any tax increase of any kind to balance to make a great difference across the dent of the United States. It is a docu- the books if we would just collect what country. There is a very significant in- ment to guide the spending and the is due and owed under the current sys- crease for those clinics in this resolu- revenues of the United States for the tem. Unfortunately, while the vast ma- tion, and the person responsible and next 5 years. jority of us pay what we owe, we have the person who deserves credit is the Obviously, since we do another budg- an increasing number of people and Senator from Vermont, Mr. SANDERS. et next year, the most important thing companies that don’t. That has to stop. We thank him for that contribution. is what this budget does over the next With that, I thank the Chair and sug- We are now approaching the 4 o’clock year. gest the absence of a quorum. hour. We have Senator COBURN who Remember that this President inher- We are expecting Senator COBURN at wishes to come and speak at roughly ited an extremely difficult situation— roughly 4:30, Senator MCCAIN at rough- 4:30; Senator MCCAIN, whom I under- massive deficits, an economy that was ly 4:45, and Senator UDALL of Colorado. stand wishes to speak at roughly 4:45; I in the worst shape since the Great De- If he is available and his people are understand that Senator UDALL from pression, a circumstance in which the within earshot, this would be a good Colorado wishes speak as in morning United States is having two wars. This time for him to come and use the time business. I want to alert his staff, if President inherited a very tough situa- he has requested. they are listening, this would be a good tion. The PRESIDING OFFICER. The time for him to come and speak, be- We also know we are starting to see clerk will call the roll. cause we have some time between now the signs of a turn in terms of con- The bill clerk proceeded to call the and when we expect Senator COBURN. sumer spending, in terms of housing roll.

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.059 S29APPT1 smartinez on PROD1PC64 with SENATE S4872 CONGRESSIONAL RECORD — SENATE April 29, 2009 Mr. CONRAD. I ask unanimous con- We reintroduced that legislation in the home State of Colorado and several sent that the order for the quorum call House again in the last Congress. other States. In 1996, Congress actually be rescinded. As we worked to advance this bill in passed a law intended to give President The PRESIDING OFFICER (Mr. BEN- the House, Senator FEINGOLD and Sen- Clinton that kind of authority. How- NET). Without objection, it is so or- ator CARPER were each working on ever, in 1998, the Supreme Court ruled dered. similar bills in the Senate, and they that the legislation was unconstitu- Mr. CONRAD. I have received infor- have again introduced their bills in the tional—and I think the Court got it mation now that Senator UDALL will be 111th Congress. While their bills differ right. with us at roughly 4:15. Senator UDALL in the details, they are both intended By trying to allow the President, in at 4:15 for 10 minutes and then Senator to employ the legislative line-item effect, to repeal a part of the law he COBURN at 4:30 for 10 or 15 minutes and veto as a tool to help rein in unneces- has already signed and saying it takes then Senator MCCAIN at 4:45 for rough- sary spending and begin the difficult a two-thirds vote in both Houses of ly 15 minutes. I am not asking unani- work of reducing budget deficits. Congress to restore that part—the Con- mous consent because we don’t want to These goals have a greater urgency gress of 1996 went too far. I think that be locked in if one of them comes be- than ever before. Why? Over the last kind of line-item veto would under- fore another. We don’t want to be wast- decade, we have seen a dramatic mine the checks and balances between ing time. I may need time to respond change in the Federal budget—a the executive and legislative branches to what other Senators might offer. We change for the worse. We have gone of the Government. are hopeful that if there are any others from Federal budget surpluses to enor- But the SLICE Act I introduced in who wish to speak, they will let their mous deficits and from reducing the 2006 and the bills Senator CARPER and respective cloakrooms know. national debt to increasing the ‘‘debt Senator FEINGOLD have introduced in I suggest the absence of a quorum. tax’’ on our children. this Congress are different. They are The PRESIDING OFFICER. The We know how this has happened: tax practical, effective, and, best of all, clerk will call the roll. cuts that did not grow the economy, constitutional versions of a line-item The bill clerk proceeded to call the wars that have been financed by bor- veto. roll. rowing, reckless earmark spending, and Current law says the President can Mr. CONRAD. Mr. President, I ask a deep recession. We know today’s eco- ask Congress to rescind; that is, cancel, unanimous consent that the order for nomic crisis has required that we stim- spending items. But the Congress can the quorum call be rescinded. ulate job creation with public sector ignore those requests and often has The PRESIDING OFFICER. Without spending to prevent another Great De- done so. These bills will change that. objection, it is so ordered. pression. Under the Carper and Feingold bills, Mr. CONRAD. Mr. President, it is my Our challenge is daunting. In the the President could identify specific understanding Senator UDALL of Colo- short term, we must spur the economy spending items he thinks should be cut, rado would like to speak as in morning back to life, even at the risk of incur- and Congress would have to vote up or business. ring historic deficits, and yet still lay down on whether to cut each of them. Mr. UDALL of Colorado. Correct. the foundation for dramatic deficit re- This legislation—don’t get me Mr. CONRAD. How much time would duction in the long term. wrong—would give the President a the Senator like? We have heard some say deficits do powerful tool, but it would also retain Mr. UDALL of Colorado. Ten minutes not matter. But this cannot go on for- the balance between the executive and maximum. ever. The President’s own Budget Di- legislative branches. Mr. CONRAD. Mr. President, I yield rector agrees that if recent CBO projec- Presidents are elected to lead, and 10 minutes to the Senator from Colo- tions are accurate, we could see a def- only they represent the entire Nation. rado as in morning business. icit exceeding 5 percent of gross domes- These bills recognize that by giving the The PRESIDING OFFICER. The Sen- tic product—clearly, a dangerously President the leadership role of identi- ator from Colorado. high level that many economists across fying specific spending items he thinks Mr. UDALL of Colorado. Mr. Presi- the spectrum believe is not sustain- should be cut. dent, I thank the Senator from North able. But under the Constitution, it is the Dakota and thank him for his great No one wants our country, no one Congress that is primarily accountable work on behalf of this important budg- wants America, to suffer from the crip- to the American people for how their et we are going to adopt in short order. pling hyperinflation that plagued Ger- tax dollars will be spent. The legisla- LINE-ITEM VETO many after the First World War or the tion respects and emphasizes that con- Mr. President, I rise in support of the combination of economic decline and gressional role by requiring a vote on Budget Enforcement Legislative Tool inflation—which we called stagnation— each spending cut proposed by the Act my colleague from Delaware, Sen- some of us remember from the 1970s. President. ator CARPER, is introducing today. Again, this means laying a foundation Of course, without knowing—and I I am also pleased to be a cosponsor of for entitlement reform and deficit re- think the Presiding Officer would join the Congressional and Line-Item Veto duction. This means using every tool in me in this sentiment—what the Presi- Act, introduced recently by Senator our toolbox and creating new ones, if dent might propose to rescind, I do not FEINGOLD. necessary, to attack this problem. know, in a speculative fashion, if I Both bills have my support and the I am a strong supporter of the eco- could support those proposals. But I do support of other Democrats and Repub- nomic recovery package we passed in know people in Colorado and across the licans who typically fall on opposite February. I say to the Presiding Offi- country believe there must be greater sides of the ideological divide. But cer, it will be important for our home transparency in our decisions on taxing while we may disagree with each other State of Colorado. But I am also mind- and spending. I know they are also de- on many issues, we agree that a con- ful that we are borrowing from our manding we take responsibility for stitutionally sound version of the line- children and grandchildren to save the those decisions. That is the purpose of item veto will help increase both fiscal economy from collapse. That makes it the Carper and Feingold bills. responsibility and congressional ac- all the more important that the spend- If there was ever a time in our his- countability—both of which have been ing we engage in today is wise and nec- tory when we needed to reassure the in short supply in recent years. essary. American people that Congress under- Establishing a line-item veto has A legislative line-item veto will give stands the need for reform and integ- long been a goal of mine. Three years Congress and the President a tool to rity in the process of spending tax- ago, I introduced legislation in the keep our spending decisions both wise payer dollars, it is now. Along with re- House—the SLICE Act—to establish a and necessary. form of the earmark process and other legislative line-item veto, and I worked I say to the Presiding Officer, many reform measures, I believe the legisla- with Representative PAUL RYAN from Presidents from both parties have tive line-item veto is an essential tool Wisconsin, a Republican, in the House asked for the kind of line-item veto in restoring public confidence and trust to pass similar legislation in June 2006. that can be used by Governors in our in the legislative process.

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.060 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4873 The American people expect Federal have, at best, only a passing relation- rowly tailored for deficit reduction. spending will reflect critical national ship to reducing the budget deficit. They were never intended to be used to priorities and broader public purpose. This is not the first budget resolution pass tax cuts or to create new Federal Most of all, they expect Congress to to abuse the special budget procedures regimes. Additionally, reconciliation pass funding bills in ways that ensure to ease the enactment of significant measures must comply with section 313 wise use of taxpayer dollars. These are and potentially controversial policy of the Budget Act, known as the Byrd the purposes of this legislation. We changes. Perhaps the grossest misuse Rule, which means that whatever must reassure the American people of reconciliation was to pass sweeping health legislation is reported from the that their dollars—and the debt future changes to the Tax Code in 2001 and Finance Committee or legislation from generations incur as a result of our 2003 that far from reducing the deficit any other committee that is shoe- spending—will be debated in the sun- actually exploded annual budget defi- horned into reconciliation will sunset shine of public scrutiny. cits and government debt. Indeed, we after 5 years. Additionally, numerous Mr. President, I yield the floor. are still living with the downstream ef- other nonbudgetary provisions of any The PRESIDING OFFICER. The Sen- fects of those fiscally reckless meas- such legislation will have to be omit- ator from North Dakota. ures that have left us less able to meet ted under reconciliation. This is a very Mr. CONRAD. Mr. President, I thank either the current economic crisis or messy way to achieve a goal like the Senator from Colorado. He has our long-term fiscal challenges. health care reform, and one that will been such a bright addition to this I had hoped that with a new Presi- make crafting the legislation more dif- Chamber, and we are delighted he is dent in the White House and Demo- ficult. here. He comes very well respected crats in control of both Chambers we Whatever abuses of the budget rec- from the House of Representatives. We could restore a respect for the proper onciliation process which have oc- count ourselves fortunate to have him use of budget procedures. But while the curred in the past, or however many participating in this budget discussion, budget we pass today is a huge im- times the process has been twisted to and I look forward to working with provement over those submitted by the achieve partisan ends does not justify him in the future. previous administration, both with re- the egregious violation done to the Mr. UDALL of Colorado. Mr. Presi- spect to honest budgeting and the fis- Senate’s constitutional purpose. The dent, I thank the Senator from North cal path it embraces, its misuse of rec- Senate has a unique institutional role. Dakota for those sentiments. I look onciliation to advance policy priorities It is the one place in all of govern- forward to working with him on the is regrettable. ment where the rights of the numerical very important work to balance the I opposed using reconciliation when minority are protected. As long as the needs of this country when it comes to it was abused by the other party to Senate preserves the right to debate spending but also to make sure we do enact fiscally reckless tax cuts and and the right to amend we hold true to not pass on unsustainable debt to our when it was attempted to be used to our role as the Framers envisioned. We children. He has been a leader in this open up the Arctic National Wildlife were to be the cooling off place where effort, and I look forward to working at Refuge for oil drilling. I opposed it ear- proposals could be examined carefully his side in the future days and months lier in this debate as a way to expedite and debated extensively, so that flaws and years to come. climate change legislation, and I op- might be discovered and changes might Mr. CONRAD. Mr. President, I thank pose it now as a vehicle to fast-track be made. Remember, Democrats will the Senator. health care reform. not always control this Chamber, the Mr. FEINGOLD. Mr. President, I will Congressional leadership indicate House of Representatives or the White support this conference report, but I do they may not need to use reconcili- House. The worm will turn. Some day so with great reluctance. Given the ir- ation to enact health care reform, that the other party will again be in the responsible and even reckless budget it will be used only as a last option to majority, and we will want minority policies of the previous administration, ensure Congress acts on that vitally rights to be shielded from the beartrap our highest budget priority must be to important issue. That may be, and I of the reconciliation process. get back onto a fiscally responsible certainly hope this body will pass a Under reconciliation’s gag rule there budget path. This budget resolution health care reform measure under reg- are 20 hours of debate or less if time is does that. It may not go as far as I ular procedures. Health care reform is yielded back, and little or no oppor- would like with respect to reducing an- long overdue, and I look forward to the tunity to amend. Those restrictions nual budget deficits, but it is a signifi- Senate finally acting on an issue that mean that whatever is nailed into rec- cant improvement over what we have is so important to my constituents. onciliation by the majority will likely experienced during the past 8 years. But let’s not kid ourselves. It is no emerge as the final product. With crit- Moreover, the budget resolution sets more appropriate to use reconciliation ical matters such as a massive revamp- this path under the most challenging of as a hammer to push through health ing of our health care system which conditions. The Bush administration’s care reform under regular procedures will impact the lives of every citizen of legacy is one not only of fiscal reck- than it is to use it directly to enact our great land, the Senate has a duty lessness, but also of economic reces- those reforms. Both are abuses. Both to debate and amend and explain in the sion, crisis in the financial markets, undermine its original intent. Both in- full light of day, however long that and a housing market in collapse. Even vite even greater abuses in the future. may take, what it is we propose, and without the cost of cleaning up a set of Mr. BYRD. Mr. President, I like this why we propose it. The citizens who international security policies that un- budget. I support many of the policies sent us here deserve that explanation dermined our national security and that the President’s budget embraces and they should demand it. We must cost trillions of dollars, this budget has including middle-class tax relief, and not run roughshod over minority been the most demanding a President badly needed investments in our Na- views. A minority can be right. An has had to write since the Great De- tion’s infrastructure but I cannot, and amendment can vastly improve legisla- pression. And by and large it addresses I will not, vote to authorize the use of tion. Debate can expose serious flaws. our national priorities in a responsible the reconciliation process to expedite Ramrodding and railroading have no manner. passage of health care reform legisla- place when it comes to such matters as However, there are some features of tion or any other legislative proposal our people’s healthcare. The President this resolution with which I take ex- that ought to be debated at length by came to the White House promising a ception, most notably the use of rec- this body. bipartisan government because he onciliation as a tool to expedite health Using reconciliation to ram through knew how sick and tired the American care reform. The arguments over the complicated, far-reaching legislation is public is of scorched earth politics. I use of reconciliation are familiar to an abuse of the budget process. The daresay President Obama should not be this body. Sadly, a tool intended to writers of the Budget Act, and I am in favor of the destruction of the insti- streamline the painful process of def- one, never intended for its reconcili- tutional purpose of this Senate in icit reduction has been used to clear a ation’s expedited procedures to be used which he served any more than he path for major policy changes that this way. These procedures were nar- would bless a rigged psuedo-debate on

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.061 S29APPT1 smartinez on PROD1PC64 with SENATE S4874 CONGRESSIONAL RECORD — SENATE April 29, 2009 healthcare, completely absent minor- budget resolution conference report we This budget also starts the process of ity input. are considering follows the principles reducing our dependence on foreign en- While I support the admirable budget President Obama laid out in his budget ergy by funding the President’s request priorities outlined in this resolution, I proposal. for energy funding in 2010. cannot and will not condone legislation This budget resolution sets a path to This budget also lays the groundwork that puts political expediency ahead of regain the balance our country once for cutting back on energy sources that the time-honored purpose of this insti- enjoyed—careful investments in our fu- generate greenhouse gases. tution. ture, while creating opportunity for The budget proposes we spend less ∑ Mr. SESSIONS. Mr. President, I am working families who have lost ground money burning conventional fuels and firmly opposed to this proposed budget over the last decade. more money developing cleaner energy conference report. It is, I sadly con- It provides the flexibility the author- sources. clude, the most irresponsible budget in izing committees need to tackle our This budget helps us create good the history of the Republic. This budg- toughest challenges. jobs, dramatically improve energy effi- et will increase nondefense discre- And it begins to repair years of ne- ciencies, and protect the environment tionary spending in 2010 9.7 percent glect by making critical investments before climate change inflicts perma- over this year’s levels. to recover economically—particularly nent damage. As a result of this reckless spending, in health care, education, and energy. Finally, the conference report pro- the budget proposal doubles the na- We need to reform our health care vides for tax relief to American fami- tional debt to $11.5 trillion in only 5 system fundamentally, and we need to lies at a time when that relief is much years, and will nearly triple it in 10. do it this year. This budget gives the needed. The amount of money we spend each Congress the flexibility we need to get The budget provides $764 billion in year to pay the interest on this debt this job done. tax cuts, mostly to the middle class. will also soar because of the conference The budget resolution includes a def- The conference report provides $512 report. This year alone we will spend icit-neutral reserve fund that will billion to extend middle-class tax cuts $170 billion to service the national allow the Finance and HELP Commit- such as the child tax credit, marriage debt. In 5 years we are projected to tees to take on the challenge of funda- penalty relief, and education incen- spend $428 billion on interest payments mental health care reform this year. tives. in that year alone, and we will likely We hope to work on a bipartisan It includes $214 billion for 3 years of spend over $800 billion in 2019 to pay basis to reform the system in a way alternative minimum tax reform. the interest on our national debt alone. that benefits all Americans—patients, The budget matches the President’s By comparison, the Federal Govern- providers, insurers, and the taxpayers. estate tax proposal, which would per- ment spends less than $100 billion a But if the Republicans decide to try manently extend the 2009 exemption of year on education, and about $40 bil- to obstruct these reforms, the rec- $7 million for couples and index that lion a year on highways. In 10 years, onciliation instructions included in for inflation. this budget will spend more on interest this budget give us the tools we need to And the resolution provides $63 bil- payments on our national debt than it pass meaningful reform. lion for 2 years of ‘‘tax extenders’’ for spends on education and highway fund- Those instructions don’t take effect businesses and individuals. ing combined. until October 15, and so we have sev- Preparing a budget is about making I am also disappointed that the con- eral months to work together before choices. ference report includes reconciliation reconciliation is even an option. It is a moral document, one that de- instructions to expedite sweeping I very much hope that we don’t need scribes what you believe in. changes to our Nation’s health care to use this approach. But reform can The conference report prepared by laws under special rules that limit de- no longer wait. the Budget Committee would make bate and require only a simple major- The budget resolution conference re- critical investments in our Nation’s ity for final passage. The purpose of port also offers a promising vision for highest priorities, at a time when reconciliation is to maintain fiscal education. First, the budget will dra- America needs them most. control over the Government, not to matically expand access to quality This budget would provide a little bit fundamentally change the govern- early childhood education programs, of help to hard-working families that ment’s policies. The American people including Head Start. And the budget desperately need it. deserve a robust and full debate on the invests in teachers and innovative pro- This budget would bring true, long- merits of health care reform. Using the grams so that all children can succeed lasting change to America that is reconciliation process to move health in the classroom. smart, fair, and responsible. care legislation would preclude the rea- This budget will help us build the I urge my colleagues to support it. soned and informed debate necessary to education system we need to compete I suggest the absence of a quorum. ensure that the best possible policy is in the global economy, not just today, The PRESIDING OFFICER. The enacted. Therefore, I urge my col- but in the next generation. clerk will call the roll. leagues to oppose this dangerous budg- This budget would also help families The bill clerk proceeded to call the et.∑ afford the high cost of tuition by rais- roll. Mr. DURBIN Mr. President, today ing the maximum Pell grant award and Mr. COBURN. Mr. President, I ask the Senate will vote on final passage of streamlining student loan programs. unanimous consent that the order for the budget resolution conference report The cost of college is higher than the quorum call be rescinded. for fiscal year 2010. ever before. Since 2000, the average The PRESIDING OFFICER. Without We will be voting on fundamental de- cost of tuition at public 4-year college objection, it is so ordered. cisions about the shape of our economy has increased 29 percent, far outpacing Mr. COBURN. Mr. President, I wish and the prosperity of our country. inflation and increases in household in- to spend a few minutes talking about We need to face the facts—we have come. the budget that is before us and make inherited the worst economic crisis in Financial aid hasn’t kept up these some simple notes. generations. costs. Thirty years ago, a Pell grant In 73 pages, this budget spends $3.5 We took an important first step in could cover 77 percent of public college trillion in 1 year. That is an astound- returning our Nation to prosperity ear- costs. Now it covers just 35 percent. ing amount of money. It spends $17.9 lier this year by passing the economic The budget would increase Pell trillion, at a minimum, over the next 5 recovery package. grants to $5,550, which will help the 7 years. The Obama administration continues million students who rely on these This budget is more than a document to work hard to repair our financial grants pay for college. full of numbers. It is a statement of system so that businesses can make We can’t transform our education priorities. My feeling is it does not ad- payroll and families can borrow for col- system overnight. But we can start to dress some of the key fundamental lege. provide the investments and the pro- challenges we face as a nation. In fact, But there is much more to do to put grams that will help to get us there it is going to make some of the chal- our economy back on track, and the soon. This budget would do just that. lenges we have worse because we are

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.051 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4875 going to be spending money we don’t and 70 times greater than what the net getting some quotes on it. They are have on things we don’t need. Every inflation is going to be. That is called going to make people competitively family in this country today, as we real spending, real growing the Federal bid. If they buy a car, they are not just know by decreased consumer spending, Government, not making the hard going to go to an automobile showroom is making hard choices. They are mak- choices. What it results in, in spite of and pay the first place they go; they ing priorities. Their priorities are: How what we call it—whether it is my fa- are going to price that because it is a do we do the absolute minimum nec- vorite pet program or somebody necessity to get good value today. Yet essary, as well as how do we say we are else’s—what it results in is less liberty, we reject that as a body. The House re- going to have the largest savings rate less freedom for the generations that jected it. The Senate rejected it in con- we have had in 40, 50 years in this coun- will follow. You tell me a country ference. What should the American try so we can save for tomorrow? Most where you can have real freedom when people think about us? We won’t do of the time, those families are not just you have no economic freedom. There any of the commonsense things they thinking about the adult members of isn’t freedom when there is no eco- are having to do right now so we can those families; most of the time those nomic freedom. What we are doing with get rid of some of the $300 billion of families are making those decisions be- this budget is slashing into the eco- waste that we don’t want to charge to cause they are thinking into the future nomic liberties of the children and our children. We won’t do it. Why is about their children. grandchildren who follow us. that? Why is it we won’t do that? Is We are not doing that with this budg- During the Senate consideration, I there some other reason? Can some- et. As a matter of fact, the only thing offered numerous amendments that body explain to me why we would not we are thinking about in this budget were designed to make us make hard want to go through the budget in a for our children is how much we are choices, including allowing penalty- time when we are going to run close to going to put on their backs because we free withdrawals from retirement ac- a $2 trillion budget deficit that is all refuse to face the realities of living counts to make some of the mortgage charged to our kids, that we wouldn’t within our means as every family is payments people are having trouble want to go through it and find the trying to do out there today. We are with today, to allow us to help. It was waste, fraud, and abuse in the pro- going to transfer a doubling of the pub- accepted unanimously. Not one person grams that don’t work? This con- licly held debt. Over the next 5 years, voted against it. It is not in this final ference report rejects doing that. Are it is going to double, and over the next document. we just lazy? Maybe we don’t care. 10 years it is going to triple. Ending bogus performance bonuses Which is it? It certainly can’t be that That is going to have a serious im- by Government contractors and execu- there is a logical reason we wouldn’t do pact on us as a nation, but it is going tives—not one person expressed an ob- that. Yet we didn’t do it. Why would we to have a personal impact on every jection to that—it is not in the final not get rid of some of the waste? We young child out there today. Let me budget. have $80 billion worth of fraud a year tell my colleagues what the impact is Reviewing the budget line by line for in Medicare and Medicaid. Nothing is going to be. We are going to steal op- waste, fraud, inappropriateness, and being done about it. portunity from them because we re- metrics was agreed to. As a matter of We are going to have a reconciliation fused to make the hard choices today. fact, the chairman said right before we process that is going to totally change The impact is going to be that a large voted on the final bill that this is one the history of the Senate forever in portion of them aren’t going to be able we will try to protect in the con- terms of the 1974 Budget Act. We are to afford to go to college. We know ference. It comes out of conference, going to hand to us a redo of all of the education is one of the areas that ad- nothing is there. That is one of Presi- health care, and the health care we run vance our society, that create opportu- dent Obama’s promises. We won’t even today, which accounts for 61 percent if nities for American exceptionalism, help him do the things he said he want- you count everything that the Federal that create opportunities for advance- ed to do. Government is into, is the most waste- ment of all through education. Yet the To set performance standards to ful, fraudulent, lame system in the things we are doing today, by stealing identify failing Government programs, world. Yet we won’t address it. the money from them in the future and not one person objected on the Senate I don’t want a legacy of stealing op- burdening them with an interest obli- floor. It was unanimous. Yet when it portunity from my grandchildren or gation that most of them won’t earn comes out of the conference, none of it anybody else’s. If you vote for this the amount we are going to have to is there. budget without this kind of hard work pay every year, seem to me to be penny Ending no-bid contracts—something that we should be required to do, of ac- wise and pound foolish. every American knows this Congress countability to the American people to The other thing this document does has a problem with because we let the get rid of some of the waste, and do is it has go-pay. It doesn’t have pay-go favorite one get no-bid contracts, the what any other prudent person would in it; it has go and pay. What it says is: well-connected, the well-heeled; requir- do in terms of competitively bidding We are not going to be responsible, so ing competitive bidding on anything projects, you are saying that is OK, it you—meaning the next two genera- above $25,000 outside of national secu- is OK to steal. There is no other word tions—you go and pay for it. We claim rity issues, nobody objected to that. It for it. It is theft of opportunity from pay-go, but, as seen in all of the docu- actually had a vote prior where we had our children and our grandchildren be- ments, there is no pay-go application a 97-to-nothing vote. When it comes cause we don’t have the backbone to to the biggest expenditures in this bill. out of the conference, it is not in there. stand up and do the hard work. We just take it off line and we allow us Protecting patients and health care President Obama has asked for this. to create all of these new programs and providers from health care coercion, it He has asked for us to go line by line. new items. Yet we don’t have to be re- is not in there. We have an opportunity with a bill sponsible to make the hard choices So we are going to pass a budget and moving through the Senate to do that. about what is important, what is a pri- say: You go pay, and all the things we What do we do? We say, no, it is our ority, and what is not a priority. really need to do to make the programs way or the highway, Mr. President. Last year, families across this coun- we have today efficient and to measure You can do it over there. But we are try saw less than a 2-percent increase the programs we have today and con- the ones who control all of these pro- in their incomes. After a 9-percent trol some of the waste, fraud, and grams. And we have done a terrible job. across-the-board—not counting the abuse that is over $300 billion a year— As a matter of fact, if you look at the stimulus, just the omnibus bill—we are all of the things that needed to be in oversight hearings that occurred in the going to then bump up another 7.2 per- this budget to make sure that happens Senate and measure them compared to cent. So we are going to grow the Gov- got rejected in the conference. What all of the other hearings, they count ernment 4 times faster than the income should the American people think for about 2 percent of the hearings we increase was last year, and now we are about that? They are certainly not had. What do we do when a new prob- going to grow it 31⁄2 times more, faster, going to go out and have their plumb- lem comes up? We don’t look to see than what personal income has risen ing redone in their bathroom without how the present program is working

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.063 S29APPT1 smartinez on PROD1PC64 with SENATE S4876 CONGRESSIONAL RECORD — SENATE April 29, 2009 and what we can do to fix it; we just After trillions of dollars for bailouts The ever-growing national debt will re- create another one and charge that to and huge amounts of spending dis- quire ever-larger annual interest payments, our grandkids rather than say: Where guised as stimulus, this budget makes with much of that money going overseas to are the metrics to measure what this no hard choices and doesn’t do any- China, Japan and other countries that have been buying our bonds. program is doing? Is it accomplishing thing more to ensure the future fiscal Reacting to this scary prospect, the House what we want? Is it efficient? Could we viability of our Nation. It is irrespon- and Senate budget committees took the par- do it a different way? We just ignore it sible. It is an irresponsible act of gen- ing knife to some of the spending proposals and we create a brandnew program. erational theft which will mortgage and tax cuts last week. But many of the pro- This budget is full of that. our children’s futures and our grand- posed savings look more like bookkeeping So I will finish my remarks by again children’s futures. We cannot have this gimmicks than realistic cutbacks. But the main device the Democratic budg- saying that if you vote for this budget, level of spending because it is totally there is a real question in my mind eteers employed was simply to shrink the unsustainable. budget ‘‘window’’ from 10 years to 5. In- whether you actually can represent to Mr. President, we didn’t have to do stantly, $5 trillion in debt disappeared from your constituencies that you feel their this. We could have made tough choices view, along with the worry that long after children are worth the hard work of here. We could have adopted a resolu- the recession is past, the structural deficit this body. There is also the question of tion that required us to embark on a would continue to blight the future of young whether what President Obama ran on path to a balanced budget. working families. in terms of doing a line-by-line, of get- The conference report contains rec- Here are some cold, hard facts. Our ting rid of the waste, of actually meas- onciliation instructions that would current national debt is $11.2 trillion. uring the effectiveness of programs, allow for a massive overhaul of Amer- The projected deficit for 2009 is $1.7 whether we are going to help him do ica’s health care system with little or trillion. The total cost of the recently that. This document says we are not. no input from the minority—just as enacted ‘‘stimulus’’ bill is over $1.1 So all the commonsense reforms that this conference report had little or no trillion. We gave the TARP, Troubled would put some burden on us we have input from the minority. Asset Relief Program, $700 billion— taken out, and then in this budget we I don’t have to tell the American peo- with every expectation being that the have said: Children, we are going to be ple and my colleagues that the Amer- administration will request hundreds at $17.3 trillion of publicly held debt in ican health care system is too expen- of billions of dollars more. President 10 years, and you go pay for it. You go sive, it is broken, and we have to fix it. Obama recently signed an Omnibus ap- pay for it because we don’t have the We want to be part of that solution. propriations bill totaling $410 billion. courage and we don’t care for you And to include it in a budget resolu- The Federal Reserve pumped another enough to make the hard work and tion, obviously, does a great disservice $1.2 trillion into our markets, and we hard decisions now to lessen that bur- to the American people who expect a now have before us a budget resolution den on you. full and complete ventilation of the totaling nearly $3.6 trillion. We bailed That is what this budget is about. It issues surrounding our health care sys- out the banks, insurance giants, and is about growing the Federal Govern- tem in America. automakers—and the list goes on and ment at a size and a pace that we have I realize that elections have con- on. never seen before in this country—have sequences. However, it doesn’t justify We are seeing the largest transfer of never seen—and growing the debt to a the misuse of a process intended to authority from the private sector to level that is going to cripple produc- help reduce Federal deficits—and, I the Government that we have ever seen tivity and opportunity in the future. might add, the Democratic proposals in the history of our country. There are the votes to pass this budg- floating around recently would have I see the chairman of the Budget et, but the American people need to Committee on the floor, whom I admire know what this budget really is. What the opposite effect. So, again, we are not changing the and respect. I asked him on the floor, it is is an escape from responsibility, climate in Washington; we are con- during the consideration of the budget, an expansion of the Government know- tinuing it. I want to make it clear that whether health care would be consid- ing best, and an elimination of oppor- ered in the reconciliation. The Sen- tunity of generations to come. I understand that Republicans have, in With that, I yield the floor. the past, used the reconciliation proc- ator’s response was that he was against The PRESIDING OFFICER. The Sen- ess to further their party’s agenda. I it. I note that he voted for it. ator from Arizona. wish it had not been done. I hope it will We are in the midst of a severe reces- Mr. MCCAIN. Mr. President, I wish to not be done now. But the groundwork sion. The economy shrank at a rate of thank my colleague from Oklahoma for was laid, and I think this would be a 6.1 percent in the first quarter of this his strong statement and his eloquent grave mistake. Apparently, it is also year. Times are tough; I don’t have to description of the consequences of the possible that climate change could be tell any of my colleagues or any fellow budget resolution we are about to pass. addressed in the budget reconciliation Americans. This is a $3.5 trillion budget resolution. process. What we are doing is committing an Frankly, it amounts to little more I noted during the consideration of act of generational theft. We are laying than generational theft. It represents a the Senate’s budget resolution that, a debt on future generations of Ameri- massive growth in Government spend- unlike the budget submitted by the cans that is not sustainable. The chair- ing and sets our Nation solidly on a President, this one only budgets for 5 man of the Budget Committee has been course to bankruptcy. The resolution years. Budgeting for a 5-year period involved in recent years in attempts to assumes a deficit of almost $1.7 trillion hides the cost of the expansion of Gov- reform Social Security. I will—and I in fiscal year 2009, which is then sup- ernment that is sure to take place hope my colleagues will—join him in posed to fall to $523 billion in fiscal after 2014. In a recent Washington Post that effort. Unless we reform Social Se- year 2014. It is only a 5-year budget, op ed, entitled ‘‘Hiding a Mountain of curity and Medicare, we will have an not a 10 year; it doesn’t show the mas- Debt,’’ probably the most respected unsustainable debt. sive deficit increases that will kick in columnist in America, David Broder, In the recent campaign, the Presi- after 5 years under the President’s wrote: dent campaigned on a theme of chang- plan. The Democratic Congress is about to per- ing the climate in Washington. The cli- I have seen games played with budget form a coverup on the most serious threat to mate hasn’t changed. Bills have been resolutions over the years, but I think America’s economic future. passed with Democratic majorities vot- it is really remarkable that this budg- The Congressional Budget Office sketched ing almost completely for them— et, by being only 5 years, doesn’t show the dimensions of the problem on March 20, whether it be the stimulus, the omni- that the debt held by the public will and Congress reacted with shock. The CBO bus, and other major pieces of legisla- said that over the next 10 years, current poli- tion, and also on this budget—on a to- rise from $7.7 trillion in fiscal year 2009 cies would add a staggering $9.3 trillion to to $11.5 trillion in 2014. This represents the national debt—one-third more than tally partisan basis. I understand that. an increase in the debt as a percentage President Obama had estimated by using I understand that elections have con- of gross domestic product from the cur- much more optimistic assumptions about fu- sequences. But to say you are going to rent 55 percent to 66.7 percent in 2014. ture economic growth. ‘‘change the climate’’ in Washington

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.064 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4877 and then not sit down in serious nego- With great respect for the chairman task force could agree, that plan would tiations, whether it be on a stimulus of the Budget Committee and those come to Congress for a vote—not an- package or on a budget, is not chang- who worked hard on this issue, this is other study to sit on a dusty shelf ing the climate. a product that the American people somewhere, but a vote. Let me tell you what serious negotia- will pay a very heavy price for in the The Senator made a number of other tions are. I have been involved in them years to come. assertions with respect to this budget. over the last 20-some years. I have sat I yield the floor. He termed it ‘‘generational theft.’’ Let down across the table in negotiations. The PRESIDING OFFICER. The Sen- me say that the trajectory we are on What they are is compromise. They are ator from North Dakota is recognized. has nothing to do with this budget but compromise, where you say, OK, I give Mr. CONRAD. Mr. President, there has everything to do with the reality of this and you give that. It is not visits are a couple of things I wish to respond the fiscal circumstance of this country. and conversations, and it is not phone to. I have respect for the Senator from Our spending is above our revenue. calls. It is face-to-face, hard-nosed ne- Arizona, Senator MCCAIN. We came to There is a structural gap; and the Sen- gotiations based on compromise. That this Chamber at the same time. First, ator is absolutely right, if we allow is how we got the gang of 14 and avert- he said, on reconciliation I told him I that to play out uninterrupted, it will ed a crisis in this Senate that would was against it. In fact, I did not include constitute generational theft. But this have required only 51 votes for the con- it in the budget resolution out of the budget makes the first steps toward firmation of judges. That is how we got Senate. He said in conference com- turning that around. It reduces the def- numerous pieces of legislation done on mittee I voted for it. I say this. I voted icit by two-thirds, in dollar terms, over a bipartisan basis. for the final agreement. I did not vote the next 5 years, and, in terms of a That is not happening now in the specifically for reconciliation. I op- share of GDP, which the economists Senate. I understand that. I understand posed it every step of the way publicly say is the better measure, it reduces that elections have consequences and and privately. I think it is a mistake. the deficit by three-quarters, 75 per- the votes are there on the other side of I have said so publicly and privately. I cent, from 12 percent of GDP to 3 per- the aisle. But I also say to my col- believe reconciliation will not be used cent. Additionally, at 3 percent of GDP leagues that I have been here quite a for health care, even though it is au- you basically stabilize the growth of while. I have seen the Democrats in the thorized under the conference report. I the debt relative to our national in- majority and I have seen the Repub- believe that as people examine what come. licans in the majority. I saw abuses would actually happen using reconcili- Why are we in this circumstance? It over on this side of the aisle. I am now ation, they will be convinced it is not is because the previous administration seeing those same abuses repeated, re- the appropriate way to do health care. doubled the debt, put this economy in inforced, and done in a more egregious I believe that, at the end of the day, the worst recession since the Great De- fashion than I have ever seen it in the the reconciliation approach will not be pression, and now we have to dig out. years I have been a Member of the Sen- used for health care reform. The first thing we have to do is give ate. With that said, I want to make very lift to the economy. The stimulus was I believe our economy will recover. I clear—and you can ask any of the par- passed to provide liquidity to the am confident, because, as I said during ticipants—I argued strenuously against American economy, because the only the recent campaign, I believe with the reconciliation every step of the way. It place it could come from was the Gov- foundations of our economy—entrepre- was not included in the resolution ernment. We have learned in past eco- neurship, productivity, the finest here, over which I had direct control. It nomic downturns that if the Govern- workers in the world, and best tech- is included in the final conference ment fails to acts, you could have a de- nology—we will come out of this mal- agreement because the President want- flationary spiral that would suck the aise and crisis we are in, and our econ- ed it as an insurance policy, the major- economy down as we saw in the Great omy will be restored. But I can also ity leader wanted it as an insurance Depression. tell you that we will have to debase the policy, and the Speaker of the House In the short term, I make no apolo- currency and experience inflation if we wanted it as an insurance policy. And, gies. I am known as a deficit hawk, pass this kind of budget and we con- frankly, although I have some influ- somebody who believes in balanced tinue on this spending spree. ence, I don’t have the ability to over- budgets, somebody who has fought for What was the administration’s reac- come the President, the majority lead- them my whole career. But when you tion? It was that we will get together er, and the Speaker of the House. have a severe economic downturn, that and cut $100 million in spending—after The Senator also questioned a 10- is not the time to turn away from the spending trillions and trillions of dol- year budget versus 5-year budget. Let Government being the last resort, the lars in the most irresponsible fashion, me repeat what I said before. We have Government providing the liquidity to in my view. had 34 budgets under the Budget Act; 30 the system to prevent a collapse. Now we are the owners of the auto- of the 34 have been 5-year budgets. The This budget is responsible. As I have mobile industry and of banks. What is basic reason for that is not hiding said at every step: in the second 5 the Government going to own in Amer- things, as was asserted here; it is be- years, we must do much more. The ica as we continue on this incredible cause forecasts beyond 5 years are no- President has said that. The President takeover of the free enterprise system? toriously unreliable. That is why Con- is committed to it. So am I. If our col- The automobile manufacturers should gress in 30 of the 34 times has written leagues are serious about entering into have gone into structured bankruptcy the budget on a 5-year basis. Frankly, a long-term negotiation about entitle- a long time ago, and they could have the outyears of a 5-year forecast are ment reform and tax reform, count me come out and been viable. Instead, we not very credible, but years 6 through in. Count me in. It has to be done. It is are spending billions and billions of 10 are throwing a dart. I used to fore- in the interest of the country. That is dollars of American taxpayer dollars to cast revenue for my State. I know where we agree. prop up an industry that needed to go something about forecasting revenue Mr. President, I see Senator ALEX- into prestructured bankruptcy—which and expenses. When you get beyond 5 ANDER is here, a very valued member of they probably will do after we have years, you are in kind of a world that the Budget Committee, someone for spent billions of dollars propping them doesn’t exist. That is total guesswork. whom I have high regard. We may not up. Beyond that, I didn’t accept the tra- agree on every detail, but I certainly I vigorously, strongly condemn and jectory the country was on in the 10- have great respect for the contribution will vote against and oppose this budg- year budget that the President pro- he has made to the Budget Committee. et resolution. It is laying the path to a posed. I believe we have to do far bet- How much time does the Senator de- crisis in America that may be as severe ter. That is why the ranking Repub- sire? as this one if we experience the hyper- lican and I have proposed a task force Mr. ALEXANDER. Mr. President, not inflation and debasement of the cur- of Democrats and Republicans, with more than 10 minutes. rency that can only be the result of the responsibility to come up with a Mr. CONRAD. I yield 10 minutes off deficits as far as the eye can see. plan, and if 12 of the 16 members of the Senator GREGG’s time and say to the

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.065 S29APPT1 smartinez on PROD1PC64 with SENATE S4878 CONGRESSIONAL RECORD — SENATE April 29, 2009 Senator, if he requests more, we will upstart campaign for Governor of Ten- There being no objection, the mate- absolutely be happy to extend it. nessee. We did pretty well for some rial was ordered to be printed in the The PRESIDING OFFICER (Mr. young guys, winning the primary over RECORD, as follows: BURRIS). The Senator from Tennessee. more established figures, but losing the [From the Knoxville News Sentinel, Apr. 20, Mr. ALEXANDER. Mr. President, I general election. That was the Water- 2008] thank the chairman of the Budget gate year. There were only 12 Repub- SIDE BY SIDE: INGRAM-ALEXANDER Committee. I am here to speak on a lican Governors left in America after PARTNERSHIP PERSEVERES personal matter more than the budget. that debacle, and I figured my political (By Michael Collins) I made my comments on the budget career was over at a very young age. WASHINGTON—Tom Ingram used to have this morning. I was listening, though, But in 1978, as things tend to do in the same jaded view of the nation’s capital to the Senator from Arizona and the politics, times changed, and I was as many other Americans. Senator from North Dakota. I have elected Governor, walking a thousand But working as U.S. Sen. Lamar Alexan- heard the Senator from North Dakota miles across Tennessee in a red and der’s chief of staff has opened his eyes in say he is opposed to using reconcili- black plaid shirt. Tom this time was ways he didn’t expect. ation to run the health care bill my successful campaign manager. He ‘‘I’ve become less cynical and more opti- through the Senate with 51 votes. I then managed my transition into the mistic as I get to know the city and the peo- ple and what we’re all about,’’ Ingram said. have heard him say that. I agree with Governor’s office, served as chief of Is Washington perfect? Of course not. Are him. I know he stood up against some staff and deputy to the Governor for 5 there things that should be done differently? in his party for doing that. years. Then he left to form a very suc- Absolutely, Ingram said. But if I am not mistaken, there were cessful business in Nashville. But, ‘‘this is still the greatest country in three Senate conferees, and if the Sen- During his business career, he found the world, and this is the capital of the ator from North Dakota voted no, we time to help establish my office when I greatest country in the world,’’ he said. ‘‘I would not have reconciliation instruc- became president of the University of believe most people are here because they tions included in this conference re- Tennessee. He did the same when I be- want to be part of that in a positive, con- port. I think I am correct about that. came the first President Bush’s Edu- structive way.’’ Call it a revelation or an epiphany or Mr. CONRAD. Will the Senator yield? cation Secretary. Mr. ALEXANDER. Of course. whatever noun you choose. But you can’t The long and short of it is, when Tom call it a political novice’s naivete. Mr. CONRAD. Let me say, if I had Ingram has been around, I have done Ingram has been active in politics—Ten- not agreed, I probably would not have my best work, and perhaps so has he. nessee politics, in particular—for more than been a conferee. There are certain We know each other so well that we op- three decades. He has been at Alexander’s things such as higher powers around erate independently toward the same side as a political strategist, trusted aide here. goal and get twice as much done than and personal confidante during campaigns Mr. ALEXANDER. That is a very either of us could do working alone. for governor, president and the Senate. honest response, and I accept that. But One of Tom’s gifts is team building. Theirs is one of the most powerful political the point is there are three conferees An Ingram-led staff is fun to be a part partnerships in the state. from the Senate, including Senator Now, their influence is growing in Wash- of, and it is a purposeful group. He has ington. GREGG who was opposed to including made sure that each of us, Senator in- Alexander moved into the upper echelon of reconciliation. So if the Senator from cluded, remember who hired us. For ex- power last December when his GOP col- North Dakota had said no, maybe he ample, the entire Washington staff and leagues chose him as chairman of the Senate would not have been a conferee, but State staff spent 3 days in Memphis a Republican Conference. The position makes there would not be reconciliation in couple of weeks ago making sure that him the Senate’s third-highest-ranking Re- this Budget Resolution. we understand as much as we can about publican. Let me move to something more bi- the people and the needs of our State’s Ingram’s stock has risen, too. He now holds partisan than that. dual roles as Alexander’s chief of staff and as biggest city and biggest county. As staff director for the Republican conference, TRIBUTE TO TOM INGRAM Tom leaves to reenter the private sec- a job that allows him to help craft the GOP’s Mr. President, on May 1, Tom Ingram tor, he has taken time to make sure message in the Senate. is leaving his post as chief of staff for that the new staff is well led and well His clout hasn’t gone unnoticed. the Alexander office and as staff direc- organized, and for that I am especially Two Washington publications that closely tor of the Senate Republican Con- grateful. follow politics recently named Ingram one of ference. I know what it is to be a staff Tom’s greater contribution may have the top movers and shakers on Capitol Hill. member of the Senate, having come been to the Senate as a whole. He has Roll Call lauded his knack for ‘‘spin, know- here in 1967 as Senator Howard Baker’s helped our Republican conference de- how and access.’’ The Politico called him ‘‘an old hand in a new job’’ and noted, ‘‘Now legislative assistant. That is back velop a clearer message. And working when each Senator only had one. I he’s gotten to the inner circle of the Repub- with Bob Russell, Senator MARK lican leadership.’’ know that staff members are the life- PRYOR’s chief of staff, he created a bi- Ingram, who lives in Knoxville, has spent blood of this institution, that they reg- partisan chiefs of staff group that has most of his career working behind the ularly come and go, and that we Sen- been more successful at working across scenes. He seems uncomfortable and even a ators are grateful for their service. party lines than their bosses have been. little embarrassed by all the adulation. But Tom Ingram’s service for the The Senator from Illinois and I are ‘‘I don’t get too juiced up about these Senate and for me personally is a good part of a group of Senators from both lists,’’ he said recently, seated behind a table deal more than the usual coming and parties that meets on Tuesday morn- in Alexander’s suite of offices near the Cap- itol. ‘‘If you look at the names on those lists, going. Tom and I first met in 1966 when ings. There are 8, 10, 15, 20 of us some- I was a young volunteer on Howard most people are associated with (Congress) times. But more than half the chiefs of members who have done well. There are very Baker’s Senate campaign and Tom was staff get together on a regular basis as few of us who make those lists without our an even younger reporter for the Nash- part of this bipartisan alliance, which members going ahead of us.’’ ville Tennessean. The Tennessean was is a remarkable number in this already Alexander, however, said Ingram’s skill then such a Democratic newspaper that over-organized and busy place. and instincts are invaluable. it was said that Tom was the first re- Tom Ingram came to the Senate ex- ‘‘I do my best work when I’m working with porter ever assigned by that newspaper pecting to stay a few months. He is Tom,’’ the senator said. ‘‘It’s because we’re to cover a Republican candidate on a leaving after 6 years. I am grateful to complementary. . . . He fits what I’m doing like a glove.’’ regular basis. In fairness to the Ten- him for that, and the Senate is a better nessean, there had not been much to place. ON THE RISE, SIDE BY SIDE cover. Senator Baker in 1966 became Mr. President, I ask unanimous con- The two first met on the campaign trail in 1966. Ingram was a skinny young newspaper the first Republican Senator in Ten- sent to have printed in the RECORD an article about the bipartisan chiefs of reporter working his way through college, nessee history. We had not elected a and Alexander was fresh out of law school Republican Governor since the Harding staff organization from Roll Call which and a volunteer in Howard Baker Jr.’s Sen- sweep in 1920. appeared on March 10, 2009, and an arti- ate campaign. In 1974, Tom served as press secretary cle about Tom’s work that appeared in They clicked immediately. Alexander hired for what could only be described as my the Knoxville News Sentinel last year. Ingram to be his press secretary when he ran

VerDate Nov 24 2008 03:06 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.067 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4879 for governor in 1974. They lost that race. But liked to dress in cream suits and a matching Alexander won an open seat; Pryor was the four years later, with Ingram as his cam- western hat. only Democrat to defeat a GOP incumbent paign manager, Alexander ran again. This ‘‘He was just this huge, bigger-than-life that year. time they won. Ingram would go on to work guy who kind of moved into this small group Neither newly minted chief of staff was a as Alexander’s chief of staff and deputy dur- of people and took over,’’ Ingram said. ‘‘It Washington, D.C., veteran. But they had ing his first term in the governor’s office. was very impressive to a small young person much in common. Both were close personal Later, when Alexander ran for president, at the time.’’ friends with their bosses; both worked for Ingram helped put together his statewide or- Ironically, Ingram’s family wasn’t all that Senators with an interest in working across ganization in Iowa. When Alexander ran for interested in politics. He was born in Ozark, the aisle; both had an extensive private-sec- U.S. Senate in 2002, he again called on Ala. His father was a Church of Christ tor background; and neither intended to stay Ingram to help with the campaign and, after preacher. His paternal grandmother thought in town very long. Ingram was in private he won, asked Ingram to help set up his Sen- it was wrong to vote. The family moved fre- business in Tennessee, and Russell was an at- ate staff. quently and lived in Alabama, Florida and torney in Little Rock, Ark. Ingram arrived in Washington for what he Georgia before eventually settling in Nash- What began as a way for Ingram and Rus- thought would be a six- or eight-week assign- ville. sell to discuss the nonpolitical, managerial ment. He never left Politics may be Ingram’s lifeblood now. aspects of their new jobs and reach across ‘‘I have great respect for Lamar,’’ Ingram But when he was younger, newspaper ink was the aisle for some political and policy in- said. ‘‘I think he embodies what we want in in his veins. sight quickly mushroomed. The pair ini- a public servant. He’s here for all of the right When he was in the fifth grade, Ingram tially invited some of their fellow GOP and reasons. And we’re buddies. We have a good started his own newspaper with a buddy. Democratic chiefs to join them at their time working together.’’ They would write about events like the cir- breakfasts, but as word of the gatherings Alexander said Ingram is a good manager cus coming to town, and his friend’s mother spread, more top Senate aides wanted in. who hires talented people, assigns them to would type up their articles and run off cop- ‘‘Tom and Bob are natural leaders, and jobs that fit and then creates an environ- ies. Then, they’d circulate the paper in the they understand the best way to get things ment in which they like to work. ‘‘That neighborhood and sell it to relatives. done in this town is by keeping the lines of leaves me free to focus on being a good gov- Later, he spent years as a reporter and edi- communication open,’’ said Susan McCue, a ernor or senator,’’ he said. tor in Nashville before making the move into charter member of the group and Senate Ma- Ingram has never tried to act like he’s the politics. To this day, he genuinely likes re- jority Leader Harry Reid’s (D-Nev.) former one who was elected, Alexander said, but ‘‘we porters, he said, but he’s not a fan of the 24/ chief of staff. ‘‘‘During some of the most divisive [Presi- work side by side. I don’t consider him in a 7 news cycle, which he dismisses as ‘‘mostly dent George W.] Bush years, we kept those subordinate role. And I think people who 24/7 entertainment.’’ lines of communication open,’’ continued work with us understand that, and it makes In Washington, Ingram works around the McCue, who now runs the firm Message Glob- us much more effective in what we do.’’ clock Monday through Thursday and catches al. ‘‘The group might have been the only the last flight out Thursday night so he can TENNESSEE TIES functioning and productive group of bipar- be with his family back in Knoxville on the When not working for Alexander, Ingram tisan operatives working throughout those has held a number of jobs in the private sec- weekends. He and the senator have an agree- years.’’ tor, including a sometimes-controversial ment that he’ll stay in the job as long as it’s Indeed, the bipartisan chiefs flourished stint as president and chief executive officer fun and he can make it work at home, he during some of the Senate’s most partisan of the Knoxville Area Chamber Partnership. said. hours. And while they won’t claim any in- Several business and civic groups had ‘‘If you get up every day and think maybe volvement, they watched closely as a bipar- formed the partnership to unify economic I can make a little difference in something, tisan group of Senators came together in development efforts and to increase their in- that’s a pretty good feeling,’’ Ingram said. 2005 to form the ‘‘Gang of 14.’’ That Senate fluence. ‘‘And I feel like over the years, working with gang, the first of several, helped cut a deal Yet under Ingram’s leadership, the part- Lamar and others, that I’ve taken part in and avert a showdown over Bush’s then- nership often took positions at odds with the things that do make a difference.’’ stalled judicial nominees. city. Some organizations resented being The upcoming Senate battle over President under the partnership’s umbrella and at [From the Roll Call, Mar. 10, 2009] Barack Obama’s fiscal 2010 budget proposal times continued to work independently. CHIEFS ESCHEW PARTISANSHIP is not likely to be resolved via the bipartisan Ingram also was criticized for making per- (By David M. Drucker) chiefs. Nor are the Democratic and Repub- lican chiefs likely to forge a bipartisan deal sonnel changes and for continuing to work as In an institution that has seen the rise of on health care anytime soon. a political consultant to Alexander. many a bipartisan ‘‘gang’’ in recent years, Resolving political differences between ‘‘That was a tough job,’’ Ingram said. the monthly meeting of Senate chiefs of staff ‘‘Knoxville is a great city with so many as- their Senate bosses is not the group’s goal, now in its seventh year might be the best- nor has it ever functioned that way. In fact, sets. The partnership was a bold venture, and kept secret on Capitol Hill. there was a lot of resistance at the time. But Ingram and Russell describe the meetings as Launched almost by accident in 2002 by a haven from politics that has maintained I think some of the suggestions we had about Sen. Lamar Alexander’s (R–Tenn.) chief of working together as a region and stimu- its character even as the Senate became staff, Tom Ingram, and Sen. Mark Pryor’s more Republican in 2004, flipped to Demo- lating local government and focusing on (D–Ark.) chief of staff, Bob Russell, the downtown redevelopment, I hope some of cratic control in 2006 and became further group of top Senate aides has grown from a Democratic last November. those ideas are still perking and contrib- family of two to about 60 regulars. Known in- uting to some of the success that we are see- The gatherings offer a forum for top Sen- formally as the bipartisan chiefs of staff ate aides to develop bipartisan relation- ing in Knoxville now.’’ group, the bloc has no leadership structure, Alexander isn’t the only politician who has ships—the kinds that would be difficult to just a 12–member advisory board of six come by otherwise. The group also provides benefited from Ingram’s expertise over the Democrats and six Republicans. years. a vehicle for chiefs to discuss the more mun- In addition to their monthly breakfasts at dane but still very important aspects of their Fred Thompson sought his advice when he Capitol Hill’s Monocle restaurant, the chiefs was considering a run for the U.S. Senate in jobs such as personnel and office managers. meet in the evening bimonthly usually wel- The group recently concluded its inaugural 1994. U.S. Sen. Bob Corker of Chattanooga coming a special guest. They span the polit- credits Ingram with helping turn around his retreat, a weekend in Philadelphia featuring ical spectrum, with aides to Sens. Tom a lecture by historian David McCullough. campaign in 2006. Coburn (R–Okla.) and Barbara Boxer (D– Before Ingram came on board, ‘‘there were The evening events have been held at loca- Calif.) participating. many things I personally was involved in tions such as the Newseum, George Washing- ‘‘We started doing breakfast in the Senate that were a distraction to me as candidate,’’ ton’s historic home at Mount Vernon and the dining room once a month,’’ Russell said of Corker said. ‘‘Tom really allowed me to National Archives, with noted special guests the group’s early gatherings. Ingram inter- focus on being a candidate. . . . It was just a over the years such as Supreme Court Jus- rupted, ‘‘And we ended up taking up about really hand-in-glove fit at a time when we tices Stephen Breyer and Antonin Scalia, ex- four to six tables and being a little rowdy. really needed it’’ White House officials Mike McCurry and And so the Senators—some of the Senators— Karl Rove, and ex-Senate Majority Leaders WASHINGTON WEEKDAYS, EAST TENNESSEE suggested that maybe we should . . .’’ Howard Baker (R–Tenn.) and Tom Daschle WEEKENDS ‘‘They ran us out of the Senate dining (D–S.D.). Ingram figures he was probably in the first room,’’ said Russell, jumping back into the ‘‘The real purpose of it all is building rela- or second grade when he saw his first living, conversation to finish Ingram’s sentence. tionships. So a large part of it is getting to breathing politician. Some of the details In a joint interview with Roll Call, Ingram know each other and getting comfortable have been erased by the passing of time, but and Russell discussed how the group blos- with each other,’’ Ingram said. he remembers stopping with his grandfather somed amid what many longtime Senate ob- ‘‘I now know most of the chiefs of staff and alongside a road—at a gas station, perhaps— servers believe were some of the chamber’s am very familiar with them,’’ Russell said. when they came across Big Jim Folsom, the most partisan years. The two aides arrived ‘‘So no matter what the issue is, whether its colorful, populist Alabama governor who on Capitol Hill following the 2002 elections. coming from the staff or coming to me from

VerDate Nov 24 2008 03:06 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.015 S29APPT1 smartinez on PROD1PC64 with SENATE S4880 CONGRESSIONAL RECORD — SENATE April 29, 2009 the Senator, I can pick up the phone and call than three-quarters as a percentage of I suggest the absence of a quorum. a chief of staff. . . . Before, without knowing the gross domestic product, getting to The PRESIDING OFFICER. The who was on the other side, you just didn’t a deficit level which will stabilize clerk will call the roll. know how anybody might respond or even growth of the debt. The assistant legislative clerk pro- where to start.’’ The chiefs’ primary purpose has always Again, I am swift to say much more ceeded to call the roll. been relationship building, but the organiza- needs to be done in terms of long-term Mr. CONRAD. Mr. President, I ask tion has also spawned splinter groups with deficit and debt reduction. I believe unanimous consent that the order for more specific goals. deeply we ought to have a special proc- the quorum call be rescinded. One such group is a policy study round- ess for entitlement and tax reform. As The PRESIDING OFFICER. Without table on issues relating to China. Another I have noted throughout this debate, objection, it is so ordered. deals with conflict resolution and how to ad- for the long term, we are on an Mr. CONRAD. Mr. President, I ask dress the various problems faced by chiefs of the Senator, would he like additional staff on a daily basis. unsustainable course in this country. The group has served as a unique forum for That is a situation that is not the cre- time for debate or should we call the the chiefs to share with each other their ation of President Obama. That is a vote for 5:30 p.m. and yield back all thoughts and stories that would be difficult situation that was the creation of the time? for others to understand, such as when previous administration that inherited Mr. GREGG. Mr. President, I would Shawn Whitman, then chief of staff to Sen. massive surpluses and turned them like a few minutes. First, I know that Craig Thomas (R–Wyo.), recounted for his into massive debts. That is a fact, and one of the senior staff members on the colleagues what it felt like when his boss there is no way to change that fact. chairman’s side, Joel Friedman, is died. Thomas lost his battle with cancer in going through some very difficult June 2007; Whitman is now chief of staff for The previous administration left this Thomas’s successor, Sen. JOHN BARRASSO country in the deepest recession since health situations. I know he wanted to (R). the Great Depression. Of course, the talk a little bit about that. We wish Jackie Cottrell, chief of staff to Sen. PAT deficit has skyrocketed as a result. him the best. I know my staff, who ROBERTS (R–Kan.), recalled the aftermath of That is not the fault of the President works closely with him, feels great the tornado that wiped out Greensburg, Kan. who has been in office for 100 days. He concern. The concern goes out to him and the help and support her office received inherited this mess. He is expected to and his family. We certainly wish him from several of her counterparts. Cottrell the best during this very difficult pe- said there were offers to provide extra staff, clean it up, and he has taken aggres- including to handle the phones, which were sive, vigorous action to move us in the riod dealing with this very difficult ringing off the hook, as well as words of sup- right direction, and the American peo- health issue. port. ple are responding. The latest polls Mr. CONRAD. First, I thank Senator Cottrell credited the bipartisan chiefs show that now there has been a tripling GREGG for that sentiment. Let me say group almost solely for the help Roberts’ of- of the percentage of people in this that Joel Friedman of my staff, who is fice received as it dealt with the tragedy and country who believe we are now on the a very senior member of the Budget worked to help Kansas and the residents of right track—a tripling in the 100 days Committee staff, one of my deputy Greensburg recover. Additionally, Cottrell staff directors, is in the hospital, has said the group has improved the ability to of this Presidency. communicate with other Senate offices on I was the second Senator to endorse been there for about a week. We are policy matters, which she said has had a di- Senator Obama. The first Senator to very concerned about his recovery. I rect benefit not only on the Senate, but on endorse him was his colleague from Il- care deeply about Joel, his wife Debbie, Kansas. linois, Senator DURBIN. I was the sec- his family, his children. He is someone ‘‘I think it’s probably one of the best sto- ond Senator to endorse him. I had who has labored extraordinarily hard ries on the Hill for bipartisanship that no never endorsed in a Presidential pri- in the months leading up to consider- one knows about,’’ Cottrell said. ‘‘There are ation of the budget. I know he is frus- 100 offices up here, and we all have the same mary before. I did it because I saw challenges, no matter what our boss’s party something exceptional in Senator trated not to be able to be here, and I affiliation is.’’ Obama. I saw in him somebody who is want him and his family to know we Mr. ALEXANDER. Mr. President, I not only very smart, but extraor- are thinking of them, we love them, we thank the chairman of the Budget dinarily calm, somebody who has the miss him very much, and we are pray- Committee for the time. I yield the right temperament to deal with the ing for his swift recovery. floor. crises that any President confronts. We have a circumstance in which we The PRESIDING OFFICER. The Sen- I must say, I have been so proud to have intense debates, as we have had ator from North Dakota. have been an early supporter of this today, but on both sides there is a re- Mr. CONRAD. Mr. President, I thank President because I believe he is keep- spect for the professionalism of the Senator ALEXANDER. I am serious when ing the promise that he made to the other side, and we certainly appreciate I say he is a very valuable member of American people to turn us in a new Senator GREGG’s professional staff. the Budget Committee. He has made a and better direction. He adopted the They are outstanding. Their word is real contribution there, and we thank motto of ‘‘Yes We Can.’’ That is the good, they are people of character, and him for it. motto I had when I first ran for the they wish nothing but the best for this We now have exhausted all of the Senate in 1986. When he found out, he country. Senator GREGG is an out- speakers who have given us notice on said maybe he owes me royalties. I standing leader; someone whom I actu- both sides. We are awaiting word on said: No, you don’t owe me a thing. ally share many views with about our whether we can go to a vote. I am I am so pleased that he is the Presi- long-term budget circumstance. Some- hopeful we can go to a vote soon, but dent of the United States at this mo- times that is not altogether clear as we we will need to hear from the leader- ment in time. He has the right back- have this debate about short-term ship on both sides as to when that ground, the right temperament, the budget situations, but I believe he is might be possible. right intelligence, the right character absolutely right about our long-term We have had a spirited, healthy de- to be our leader at this extraordinary budget condition and the need to do bate today on the question of the budg- time of challenge. much more. et. I feel strongly that this is a respon- While our budget is quite different I appreciate very much the way he sible approach. Adopting the Presi- than his because we had $2 trillion less approaches his job. He takes on his po- dent’s clear priorities of reducing our in revenue to write the budget because sition with knowledge, he does it in dependence on foreign energy, focusing of the changing forecast, because of the good faith, and I appreciate very much on excellence in education, providing nature of the economic downturn, the way he conducts our Members on for major health care reform, all the nonetheless we were able to preserve the other side and the work of the com- while providing more than $750 billion his key priorities, and I am proud of it. mittee. We have a very smooth-func- of additional tax relief to the American Mr. President, I see the ranking tioning committee because of the good people, focused on middle-class tax- member, Senator GREGG, is here. Per- professional relationship we enjoy. payers, and reducing the deficit dra- haps he can enlighten us as to whether Again, I wish to applaud his staff, matically, reducing it by more than there are additional speakers or when certainly my staff as well, especially two-thirds in dollar terms, by more we might be prepared to vote. Mary Naylor, my staff director, my

VerDate Nov 24 2008 01:36 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.013 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4881 other professional staff, John Righter, orously, but at the end of the day, we NAYS—43 Steve Bailey, Sarah Egge Kuehl, Jim get the job done in a way that assures Alexander Crapo McCain Esquea, Josh Evenson, Michael Feld- that the American people can feel both Barrasso DeMint McConnell man, Brodi Fontenot, Joel Friedman, sides have been represented with vigor. Bayh Ensign Murkowski Bennett Enzi Nelson (NE) John Fuher, Joe Gaeta, Robyn That has certainly been the case today. Bond Graham Risch Hiestand, Cliff Isenberg, Mike Jones, I thank the Chair, I yield the floor, Brownback Grassley Roberts Jackie Keaveny, Matt Mohning, Jamie and I suggest the absence of a quorum. Bunning Gregg Shelby Burr Hatch Snowe Morin, Stu Nagurka, Kobye Noel, Anne Byrd Hutchison The PRESIDING OFFICER. The Specter Page, Steve Posner, Purva Rawal, Josh Chambliss Inhofe clerk will call the roll. Thune Ryan, Matt Salomon, and Ben Soskin. Coburn Isakson The assistant legislative clerk pro- Vitter Let me say they have worked weekends Cochran Johanns ceeded to call the roll. Collins Kyl Voinovich for months and months and months, Corker Lugar Wicker late into the night for months and Mr. CONRAD. Mr. President, I ask Cornyn Martinez months and months, as has Senator unanimous consent that the order for the quorum call be rescinded. NOT VOTING—3 GREGG’s staff, and we all owe them a Kennedy Rockefeller Sessions great debt of gratitude. The PRESIDING OFFICER. Without Mr. GREGG. Mr. President, let me, objection, it is so ordered. The conference report was agreed to. again, express the concern of my staff Mr. CONRAD. Mr. President, I ask Mr. CONRAD. I move to reconsider and myself for Joel and his family and unanimous consent that at 5:30 p.m. the vote and to lay that motion on the wish him the best in this very difficult today, the Senate proceed to a vote on table. The motion to lay on the table was time and wish his family the best. We adoption of the conference report to ac- agreed to. certainly hope he returns to good company S. Con. Res. 13, the concur- Mr. CONRAD. Mr. President, I thank health soon. rent budget resolution, with all statu- all of my colleagues for the way the de- Let me second the words of the chair- tory time yielded back. bate was conducted. I especially thank man. This committee has contention. The PRESIDING OFFICER. Without Even when the chairman produces a those who voted for the conference re- objection, it is so ordered. port. We are missing a number of Sen- bill which is utterly incorrect and Mr. LEAHY. Mr. President, it is in takes us totally in the wrong direction, ators, and we hope for their speedy re- order to ask for the yeas, I understand. covery, Senator KENNEDY and Senator I totally respect his efforts. I say that I do ask for the yeas and nays. with some humor. The strength of this ROCKEFELLER. We also very much ap- committee, besides the fact that it is a The PRESIDING OFFICER. Is there a preciate the extraordinary work of very influential committee in the Sen- sufficient second? There is a sufficient staffs on both sides. I again thank the ate, is that we approach the issues in a second. ranking member of the committee for forthright, professional manner. There Under the previous order, the ques- his continuing courtesy and profes- is, on both sides of the aisle, a genuine tion is on the adoption of the con- sionalism. and sincere and very successful effort ference report to accompany S. Con. f to make sure the committee does its Res. 13. MORNING BUSINESS The clerk will call the roll. business in an orderly, professional, Mr. CONRAD. I ask unanimous con- and cooperative way, which we hope The assistant legislative clerk called sent there now be a time for morning brings credit to the Senate and the way the roll. business with Senators able to speak the Senate should function. I believe it Mr. DURBIN. I announce that the for up to 10 minutes each. does. Senator from Massachusetts (Mr. KEN- The PRESIDING OFFICER. Without It is, in large part, because the chair- NEDY) and the Senator from West Vir- objection, it is so ordered. man sets that tone, as does his staff— ginia (Mr. ROCKEFELLER) are nec- Mr. CONRAD. I suggest the absence Mary Naylor and the excellent people essarily absent. of a quorum. she has working for her; and on my I further announce that, if present The PRESIDING OFFICER. The side, Cheri Reidy, Jim Hearn, Allison and voting, the Senator from West Vir- clerk will call the roll. Parent, and all the other folks who ginia (Mr. ROCKEFELLER) would vote The assistant legislative clerk pro- spend hundreds of hours, especially ‘‘yea.’’ ceeded to call the roll. during this very intense period as we Mr. KYL. The following Senator is Mr. DURBIN. I ask unanimous con- run up to the final passage of this ex- necessarily absent: the Senator from sent that the order for the quorum call tremely important piece of legislation. Alabama (Mr. SESSIONS). be rescinded. Their commitment, their profes- The PRESIDING OFFICER. Without sionalism is what allows this Congress Further, if present and voting, the objection, it is so ordered. to function well, and we very much ap- Senator from Alabama (Mr. SESSIONS) Mr. DURBIN. I ask unanimous con- preciate it. would have voted: ‘‘nay.’’ sent to speak in morning business. I could go on at some length on the The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without issue of the budget, but I think people any other Senators in the Chamber de- objection, it is so ordered. have probably heard enough of myself siring to vote? f on this issue—although I wouldn’t The result was announced—yeas 53, want to say that—and I know I would nays 43, as follows: FACING FORECLOSURE love to hear the chairman further dis- [Rollcall Vote No. 173 Leg.] Mr. DURBIN. Mr. President, tomor- cuss this, and he would love to hear row we will consider a measure that myself further discuss it, but it is prob- YEAS—53 will change the Bankruptcy Code. Cur- ably time to move it along and allow Akaka Gillibrand Mikulski rently, the Bankruptcy Code says if Baucus Hagan Murray someone is facing foreclosure on their the chips to fall where they may. I Begich Harkin Nelson (FL) would suggest we yield back all time Bennet Inouye Pryor home and they go into the bankruptcy and we vote at 5:30. Bingaman Johnson Reed court, the bankruptcy court cannot re- Mr. CONRAD. Mr. President, we Boxer Kaufman Reid write their mortgage under section 13 Brown Kerry would be agreeable on our side. Again, Sanders of the Bankruptcy Code. The problem Burris Klobuchar Schumer Cantwell Kohl I wish to thank the ranking member Shaheen is, if someone happens to own a piece of Cardin Landrieu for his graciousness throughout this Stabenow property that is a vacation home, such Carper Lautenberg Tester process and for organizing the work of Casey Leahy as a condo in Florida, or if they own a the committee and the work on the Conrad Levin Udall (CO) ranch or a farm, the bankruptcy judge floor in a way that I think does reflect Dodd Lieberman Udall (NM) seeing this foreclosure can rewrite the Warner well on this body and certainly well on Dorgan Lincoln mortgage, but not for their home. Durbin McCaskill Webb the committee. This is the way the Feingold Menendez Whitehouse What difference does it make? It Senate should function. We debate vig- Feinstein Merkley Wyden means that the millions of people who

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.069 S29APPT1 smartinez on PROD1PC64 with SENATE S4882 CONGRESSIONAL RECORD — SENATE April 29, 2009 are facing foreclosure today do not We have sat down with the banks for When a foreclosure is avoided and have the protection of a bankruptcy months to try to work out some agree- people can stay in their homes, every- court that can ultimately give them a ment with them, some compromise, body wins. The family gets to keep chance to stay in their homes. and we have come up with an approach their home. The neighborhood is not This is not the first time the Senate which I think is reasonable. What we assaulted by foreclosure. The banks, will consider this measure. A year ago say is, the homeowner facing fore- which can be out of pocket $50,000 in a I offered virtually the same amend- closure has to go to the bank at least foreclosure, will not have to put that ment, with some changes to it, and it 45 days before they go into bankruptcy money into it. The banks do not end up was rejected by the Senate. It was op- court and present all their legal docu- owning this home and worrying about posed by the banking industry. They ments to prove their income and their the safety and security and mainte- argued that it was unnecessary. They net worth—everything you would have nance of the property. The lenders do said at the time that we were likely to to present to ask for a mortgage. Then, fine and the Government as well. only see about 2 million homes facing if the bank offers them a mortgage—a I have come to the floor each week to foreclosure. That was a year ago. I said mortgage for which the homeowner talk about this issue because I know at the time I hoped they were right, would pay at least 31 percent of their many of my colleagues have been but some people thought it could get gross income in mortgage payments—if quoted in local newspapers and have worse. the bank offers them a mortgage, and not sat down to take a look at what we Today it is projected by Moody’s that they do not take it, then they cannot are going to vote on tomorrow. I under- 8.1 million homes in America will go go to bankruptcy court and ask the stand. We are busy. We had a budget into foreclosure. Put that in perspec- judge to rewrite the mortgage. The resolution, a lot of things people need tive. One out of every six home mort- bank has, in good faith, offered them a to take a close look at. gages in America will go into fore- renegotiation of their mortgage, and if This amendment is different than closure. That means on your block, on they turn it down, then the bank has what I offered last year. It is an your street, it is likely somebody’s met its obligation. amendment which I think is reasonable home will go into foreclosure. I do not think that is unreasonable. and allows banks the last word, basi- What does it mean to you? A fore- We put a limit so you could not have cally a veto, as to whether this issue closed home on your street diminishes mansions and multimillion-dollar can be raised in bankruptcy court. the value of your home. Even if you homes affected by it. The maximum Our objective is to help more Ameri- have made every mortgage payment, value of any home under this amend- cans stay in their homes, to help them that is what happens. And if you hap- ment is $729,000. It only applies to renegotiate mortgages that will work pen to be in a neighborhood where mortgage loans that were originated for them and their families. Mortgage other bad things occur, that foreclosed before January 1 of this year, and only servicers are given a full veto regard- home can deteriorate quickly, can be loans that are at least 60 days delin- ing which of their borrowers can go an eyesore, could even be a criminal quent are eligible for bankruptcy modi- into bankruptcy court. They have the haven where drug gangs can hang out. fication. What we are trying to do is to keys to the courthouse door. You If you think I am exaggerating, I can create a circumstance where people would think that was enough—that if take you to neighborhoods in Chicago can go in and renegotiate a mortgage you say to the bankers: You have the where that has occurred. The boarded- before they lose their home. final word as to whether this person up home has become the hangout for I think this is reasonable. It puts a goes to bankruptcy court, you would the gangs. What was otherwise a very burden on the bank to do something think that was enough, but it is not. nice family neighborhood is being positive, puts a burden on the borrower The American Bankers Association threatened because of a foreclosed to go back into the bank and sit down walked away from the table and said home. at the desk and see if they can work it they were not interested in negoti- Mr. President, 99 percent of the out, and, frankly, says if it cannot be ating. They are in a situation where homes that go into foreclosure go back worked out—if the offer is made and they have basically said they do not to the banks. Do the banks turn around the mortgage cannot go through—that believe they have any obligation to and sell them or rent them? Usually is the end of the story and it is going these people facing foreclosure. not. They sit vacant waiting for the to be a bad outcome. The person is There is a movie I have seen probably market to turn around. I am afraid it going to face ultimate foreclosure and 100 times called ‘‘It’s a Wonderful is going to be a long wait because, loss of their home. Life,’’ with Jimmy Stewart. Remember sadly, too many of these homes are I tried now for months to get the that? You can’t miss it at Christmas. It headed toward foreclosure and the banks to agree to this. We have sat comes up over and over. Jimmy Stew- banks that hold the mortgages are not down with the American Banking Asso- art, in a little town—Bedford Falls, I sitting down with people to work out ciation, with the community bankers, think, was the name of it—had a build- the differences. with the major banks in America. Only ing and loan just trying to help people I have met people who are facing this one banking interest, Citigroup, has build and own their homes. He was up situation. Some of them go to work been supportive. Virtually every other against the big banker, Henry F. Pot- every day with good jobs—people who banking operation has refused to meet ter, played by Lionel Barrymore. They bought their homes in good faith and with us, refused to negotiate with us, had some great lines in that movie. then saw a mortgage reset or a set of refused to come up with any kind of a They had a little exchange there circumstances where the value of their compromise. where George Bailey had met with this home started to plummet and become How many people will be affected if Henry F. Potter, and Mr. Potter had lower and the value became lower than we adopt this Durbin amendment to- said George Bailey’s father, who start- the principal owed on the mortgage. morrow? It is 1.7 million families. That ed this whole building and loan, was a They say they are underwater. It de- is the number of families who will ei- failure in life. Jimmy Stewart— stroys their credit just because the ther be helped in them being able to through the character of George Bai- home has less value than the principal save their home or be allowed to be ley—was speaking to this banker, they owe on the mortgage. thrown out on the street if this amend- Henry F. Potter. He was talking about So they cannot refinance the home. ment fails. the average people who bought homes They are stuck with an interest rate Later this week, the Senate will have through the building and loan, which that is too high. They cannot take ad- an opportunity to vote—tomorrow—on he ran. He said to Henry F. Potter: vantage of the lower interest rate be- this Helping Families Save Their Do you know how long it takes a working cause the bank says: You have bad Homes Act, which would help 1.7 mil- man to save five thousand dollars? Just re- credit. And they say: My bad credit is lion families avoid foreclosure. My member this, Mr. Potter, that this rabble you’re talking about . . . they do most of the my home. If you will refinance it, I can amendment would make a small working and paying and living and dying in stay there. No. They will not do it. So change in the Bankruptcy Code, but it this community. Well, is it too much to have people end up facing default, delin- would create a new environment for them work and pay and live and die in a cou- quency, and foreclosure. people facing foreclosure. ple of decent rooms and a bath?

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.071 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4883 Well, you know how the story ends. But this Senator wants to put the and firefighters at work serving their The people in the community who have banking interests on notice, I am not communities. It is funding health care been helped by the building and loan going to be a party to shoveling bil- coverage for the least fortunate among end up rallying to save George Bailey’s lions more in taxpayer dollars your us and helping families keep their in- business, and it is a great, wonderful way if you will not lift a finger to help surance coverage if they lose a job. It movie: ‘‘It’s a Wonderful Life.’’ these people who are facing foreclosure combines tax cuts for working families I will tell you what, dealing with the across America today. with incentives to businesses to hire. It banks on this issue, I am afraid they f is improving our schools and making are more inspired by Henry F. Potter college more affordable. It includes than George Bailey. 100 DAYS OF THE OBAMA longer term steps to reduce health care The banks that are too big to fail are ADMINISTRATION costs by expanding medical research saying that 8 million Americans facing Mr. DURBIN. Mr. President, we have and jumpstarting health information foreclosure are too little to count in come to the day that many pundits sol- technology, which will improve effi- this economy. emnly mark as the day for taking the ciencies in our health care system and The banks that are fighting for their measure of a president: his 100th day in reduce medical errors. And it extends multimillion-dollar executive bonuses office. unemployment insurance to people who will not consider giving a struggling In reality, there is little real dif- have lost their job. homeowner a chance to save the most ference between the 99th day of Barack This President and Congress have important asset in their life. Obama’s term and the 100th day, but also extended health care coverage to The banks that are opening beautiful there is value in taking stock, in as- millions more uninsured children of branch offices on every street corner sessing whether we are on track and working families; preserved the prin- cannot be troubled by America’s Main whether adequate progress is being ciple of equal pay for equal work for Streets devastated by foreclosure. made. America’s working women; addressed That is the sad reality, as these From the moment our new President the crisis in our credit markets so that banking groups have walked away. Do was sworn in, he faced enormous eco- small businesses, homeowners, and stu- not forget, these are the same banking nomic problems, rising unemployment, dents could have greater access to the groups that have collected literally bil- and a financial system nearly in melt- loans they need to move forward; and lions of dollars from taxpayers across down. He was inaugurated as the Com- expanded our Nation’s national service this country because of their own fail- mander in Chief of two wars, with trou- programs, so that more people can give ures in leadership and management, be- ble brewing in other nations around back to our nation’s communities and cause of the housing crisis which they the world. And he faced daunting chal- help meet local needs. created, which they fostered, and lenges in the areas of health care re- What does all of this mean for us in which is threatening our economy even form, education, and energy policy. Illinois? We are facing tough economic today. There are many ways he could have times. They take the money from the Fed- begun. Calvin Coolidge once said: The Illinois unemployment rate has jumped to 9.1 percent, significantly eral Government, from average work- Perhaps one of the most important accom- ing taxpayers, because of the mistakes plishments of my administration has been higher than the national average of 8.5 they have made, and they will not turn minding my own business. percent. The administration has already an- around and lift their finger, give a Teddy Roosevelt had a different view: nounced $6.5 billion in funding for Illi- helping hand to people who are about Far better it is to dare mighty things, to nois from the stimulus and economic to lose their homes. win glorious triumphs, even though check- recovery legislation we passed. I know it sounds harsh when I say it ered by failure, than to take rank with those That measure will create or save this way, but I believe it. I have been poor spirits who . . . live in the gray twilight that knows not victory nor defeat. 157,700 jobs in Illinois over the next 2 at this too long not to understand what years. Over 90 percent of the jobs will is at stake. These banks are unwilling There is no question which view our be in the private sector, in industries to risk a dollar in profit to allow a new President embraced. Barack ranging from clean energy to health family to stay in their home. That is Obama took the view that we must care to transportation. what it boils down to. They are unwill- ‘‘dare mighty things.’’ He hit the Two weeks ago I travelled through- ing to risk a dollar in profit. ground running, and our Nation is bet- out Illinois to see first-hand how the Well, I do not think that is good for ter off for it. Recovery Act is affecting workers in America. I hope a majority of my col- In the midst of a recession that many my State. One of my first visits was to leagues in the Senate agree. I sincerely compared to the beginnings of the the Rockford area, where the unem- hope that those who are having second Great Depression, perhaps these lines ployment rate is 13.5 percent—the thoughts about this measure will take from Franklin Roosevelt’s first inau- highest of any metropolitan area in Il- the time to read it. We have worked gural address seemed appropriate: linois. Many workers there have been long and hard to make this a reason- There are many ways [the Depression] can hard hit by the state of the automobile able approach, one that will help the 8 be helped, but it can never be helped by industry. million people who are facing fore- merely talking about it. We must act, and Production at the Chrysler plant in we must act quickly. closure and save 1.7 million homes and nearby Belvidere has slowed to a crawl do it in a manner that I think most That is what Barack Obama and this and hundreds of workers have been laid people would agree is reasonable. new Congress did. off. It has been a long battle. I lost it a We took action and we acted quickly. I met some of those workers in near- year ago. People said: Well, you know So what have we accomplished in 100 by Rockford, where I visited the Eiger this housing crisis is not going to get days? Lab—a manufacturing research and any worse, Durbin. You are just telling We passed the most ambitious eco- educational institution that works us things that are not going to happen. nomic recovery package in history, to with the local community college. Well, I wish they were right and I was create millions of jobs over the next 2 The local workforce investment wrong. But, sadly, history shows that years, provide tax relief to 95 percent board used some of the $5 million in this foreclosure crisis continues. Do of all workers, and take steps to ad- stimulus funding it received to boost you want to see an end to this reces- dress our longer term challenges. enrollment of the training and edu- sion? Put an end to this housing crisis. The legislation made a wide range of cation programs offered at the facility. Let people stay in their homes if they investments to restore our economic This funding was able to help some of can possibly put it together. Create a strength: It is putting people to work the recently displaced workers begin market for new homes to be built. And rebuilding roads, bridges, rail and wa- acquiring new skills to help them find put Americans back to work building terways. It is developing alternative work. those homes and remodeling and ren- energy sources that will lessen our de- The Recovery Act included $45 billion ovating them. That is what is going to pendence on foreign oil. It is helping for transportation investments breathe life into this economy. States keep police officers, teachers, throughout the country.

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.073 S29APPT1 smartinez on PROD1PC64 with SENATE S4884 CONGRESSIONAL RECORD — SENATE April 29, 2009 This funding has been critical for Illi- The renewed subway track will also More than 66,000 of these Illinois vol- nois. Illinois has already seen more save the CTA millions of dollars in unteers are participating in national than a billion dollars of this funding maintenance costs, allowing the tran- service programs through 144 different and may receive upwards of $2 billion sit agency to making badly needed im- projects and programs. for our airports, highways, mass tran- provements in other parts of the sys- Because of the Serve America Act, sit and rail systems. tem. more volunteers will be able to serve The Federal Aviation Administration The Recovery Act is also saving jobs and improve communities across Illi- has already announced $40 million for and improving lives with an $84 billion nois. 10 airport improvement projects in Illi- investment in education and training. Another legislative accomplishment nois. The funding has helped schools avoid worth mentioning is the Children’s One of those projects included $6 mil- layoffs and is providing job training in Health Insurance Program Reauthor- lion to help build a new terminal facil- new and expanding fields. ization Act, which will provide health ity at the Peoria airport. Construction Investing States face difficult coverage for an additional 4 million is underway now and the project is choices in addressing their budget children nationwide. The CHIP pro- moving forward thanks to the stimulus gaps. Education funding provided by gram has allowed the State of Illinois funding. The terminal project in Peoria the Recovery Act has made those deci- to reach more children than ever before will create between 250 and 300 jobs by sions slightly less painful, saving by supplementing the state’s All Kids the time the work is completed in Oc- teaching jobs and keeping classrooms Initiative. Today, 1.8 million Illi- tober of next year. The stimulus fund- smaller. noisans are without health insurance, ing for this project will not just add Last week, Illinois received $1.4 bil- including 350,000 children. Currently, temporary construction jobs—it will lion in Recovery Act funding through the All Kids program covers more than help keep Peoria competitive in the the State Fiscal Stabilization Fund. 1.5 million children in the state— global economy. With that funding, the State will avoid 170,000 under the CHIP program alone. Airports have a major impact on a severe cutbacks in education and help But the State wants to reach Illinois’s local area’s economy—a modern air- prevent layoffs of teachers and staff. remaining 250,000 uninsured children by port and the service it provides di- Illinois also has received nearly $500 doing more with the program. With rectly affects a community’s ability to million so far in increased funding for new funds and a formula that takes create and attract new businesses to special education and the title I pro- into consideration the individual needs the area. Thanks to the Recovery Act, gram for disadvantaged students. of the State, Illinois can cover an addi- Peoria Airport will soon have a 125,000 With the Recovery Act, this Presi- tional 30,000 kids just with the CHIP square-foot terminal facility that will dent and the Congress have helped en- program. Mr. President, 30,000 children provide the airport with the additional sure that Illinois schools and children who are uninsured today will have the capacity for more commercial oper- do not fall victim to the recession. ability to see a doctor, get a check-up, ations and allow the airport to handle I want to say an additional word and stay healthy—thanks to the work 2 million passengers per year. about Pell grants, which are an impor- This is exactly the type of invest- tant component of this education in- we have accomplished here in the first ment we should be making during a vestment. 100 days of the Obama administration. downturn in the economy—targeted in- The recovery package included $13.9 Let me return one more time to the frastructure investments that will billion to increase the maximum Pell Economic Recovery Act, because that make our economy stronger in the fu- grant by $281 next year and by $400 in package is addressing health care and ture. the 2010–2011 academic year. the health care system in dramatic And we are making this kind of in- Students will be able to receive as- ways. vestment not only in Peoria but also at sistance up to a maximum of around The law will help many working fam- other airports around the state. For ex- $5,000 in the 2009–2010 school year and ilies continue to pay for health insur- ample, we have provided $12 million to $5,300 the following year. ance after the loss of a job through rehabilitate Chicago O’Hare runways; This will bring us closer to closing what is known as the COBRA insurance $5 million for the Rockford Inter- the gap between the value of a Pell program. national Airport; $2.4 million for ramp grant and the cost of higher education. The average monthly unemployment reconstruction at the Abraham Lincoln A Pell grant increase will help 7 mil- benefit in Illinois is just over $1,300, Airport in Springfield; and $3.7 million lion Americans—including 275,000 Pell while the average monthly family for runway construction at the Quad grant recipients in Illinois—finance COBRA premium is just over $1,100. Cities Airport. their education without going even That means a newly unemployed bread- The Recovery Act also included $7.5 deeper into student loan debt. winner in Illinois would have to spend billion for mass transit across the The Recovery Act isn’t the only leg- 84 percent of his or her jobless benefits country. In Illinois, that funding is islation enacted that is strengthening to pay for family health insurance. having an impact now. The CTA, the the country. Last week, the President In the Recovery Act, we were able to Nation’s second largest transit agency, signed the Edward Kennedy Serve provide a 65 percent premium subsidy just announced an $88 million project America Act into law. This new law for individuals who lose their jobs, or to rehabilitate the subway track on will triple the number of national serv- lost them after September, to help Chicago’s Blue Line. The Blue Line ice participants to 250,000 participants cover the cost of COBRA premiums. subway track was in dire need of re- within 8 years. The measure also will help keep the pair. Without a massive overhaul of the Along with this expansion, the bill doors open for health care services for track, trains would have been forced to will also create new service corps with- millions of people who have been hit crawl at 15 miles per hour or less in AmeriCorps focused on areas of na- hard by this economic downturn. through the subway. tional need—education, the environ- Rising unemployment and falling The delays would cause transit users ment, health care, economic oppor- State tax revenues have put the States’ to leave the trains and return to their tunity, and veterans. Medicaid Program in a bind. Just as cars—multiplying the gridlock on our The bill will also increase the edu- more people need Medicaid and other highways and adding to the pollution cation award for the first time since publicly funded health programs, in our air. the creation of the national service States are having increased difficulty The CTA could not find the funds to program and make it transferable, so meeting the surging need while also overhaul the track and instead has that older volunteers can transfer the balancing their budgets. been spending millions in maintaining education award to their children or The recovery package will provide an track that is many years beyond its grandchildren. additional $2.9 billion for Illinois over useful life. In my State of Illinois, 2.7 million the next 2 years allowing the State to The funding in the Recovery Act al- volunteers provide 300 million hours of pay its providers and meet the in- lowed the CTA to start replacing the service each year. The estimated an- creased demand for services as the track last week and the CTA expects to nual economic contribution of these newly uninsured turn to the State for create or save 400 jobs by doing so. hours is $5.9 billion. help.

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.040 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4885 Nearly 1 million families in Illinois young child he wanted to become a sol- We face such a threat now from swine have at least one uninsured family dier. Private First Class Dewater loved flu. The world has looked on with member and 360,000 families making the work he was doing and was very growing apprehension as cases of this above $50,000 have at least one unin- proud of his service in the military. He deadly new illness appeared first in one sured family member. More and more also enjoyed fishing and camping and nation, then in another, and another. Illinoisans are seeking community considered Grants Pass, OR, to be his Yesterday, Spain reported its first health centers as their medical home. home. Private First Class Dewater was case. Today, New Zealand. Tomorrow, Since 2000, Illinois community health a devoted husband to his wife Valerie, who knows where the epidemic will centers have more than doubled the whom he married in Topeka, KS, back have spread. number of patients they serve—from in June 2008. In our own Nation, we have seen less than 500,000 then to 1.1 million I offer my heartfelt prayers and con- cases of swine flu in New York, Cali- today. The needs in the community dolences to Private First Class fornia, Texas, Kansas, and Ohio. The have only increased as the economy Dewater’s wife Valerie, his family and disease will surely become more wide- struggles—and the recovery package friends. I am forever grateful for Pri- spread before it abates. invests $1.5 billion in community vate First Class Dewater’s service and That is why we need effective leader- health centers. Illinois received more his dedication to our country. Private ship at the helm of our public health than $20 million for more than 300 clin- First Class Dewater was a courageous agencies with the authority that only ic sites around the state that are pro- and selfless man and deserves to be re- Senate approval can confer. To have viding quality, affordable health care membered for his valiant service. I ask delayed this vote would make no to anyone in need. that my fellow Oregonians and all sense—the epidemic would grow and I have only scratched the surface of Americans join me in honoring PFC more cases would be reported. The Na- what we have accomplished in these Richard Dewater and the sacrifice he tion urgently needs Governor Sebelius’ past 100 days. Among the other steps and his family have made for our coun- leadership at HHS in the fight against we taken to address needs, specifically try. this deadly epidemic. in Illinois: $147 million for Argonne Na- SERGEANT LEROY O. WEBSTER Governor Sebelius will face other im- tional Laboratory and Fermilab; $49 Mr. GRASSLEY. Mr. President, it is portant challenges as well. None of million for improvements to the EJ&E with great sorrow that I rise today to these is more pressing or more urgent bridge near Morris, which is currently honor a fallen soldier. SGT LeRoy Web- than the need to reform America’s bro- the biggest safety concern for ship traf- ster, a 28-year-old soldier from Hartley, ken health care system. fic on the 300-mile-long Illinois River; Iowa, was fatally shot while on patrol Today we stand at a historic cross- $20 million for the Rock Island Arsenal; on April 25, 2009 in Kirkuk, Iraq. LeRoy roads in health care in America. The more than $6 million for the Great was serving with the B Battery, 3rd United States spends more than $2 tril- Lakes Naval Station; and more than $6 Battalion, 82nd Field Artillery Regi- lion a year on health care, accounting million for continued work on the bar- ment, 1st Cavalry Division, out of Fort for roughly one-sixth of our entire rier project to prevent the spread of Hood, TX. My prayers and condolences economy. We spend more per person on invasive species, including Asian Carp, go out to his wife Jessica, daughters health care than any other country. in the Great Lakes. Natasha, Kaydence, and Jadyn, and his Yet our health outcomes, as measured This President and this Congress will parents Donald and Crystal Webster. by key benchmarks like infant mor- continue to work to address the needs LeRoy was deployed to Iraq in Janu- tality and life expectancy, lag behind of our nation. ary. He had previously served in Af- other developed countries. Nearly 47 We have made important progress in ghanistan in 2004 and 2005 and in Bagh- million Americans are uninsured in- these first 100 days. We still have a dad, Iraq from October 2006 to January cluding over 8 million children and a long way to go. 2008. disproportionate share of minorities. 25 This President is invested in rebuild- An Iowa native, LeRoy was born in million more of our citizens remain ing this economy, restoring our diplo- Spencer, IA, and graduated from Hart- underinsured, and even those with in- matic strength around the world, re- ley-Melvin-Sanborn High School in surance often receive substandard or forming our health care system and 1999. His family has deep roots in Hart- inappropriate care. Our health care taking concrete steps to reduce global ley, the community where LeRoy grew system cries out for reform, and now is warming. We have only just begun. up and met his wife, who was his high the time. f school sweetheart. Governor Sebelius has the experi- LeRoy Webster was a decorated sol- ence, compassion and steady hand to HONORING OUR ARMED FORCES dier, having earned numerous military take the helm of the Department of PRIVATE FIRST CLASS RICHARD DEWATER awards, and he is remembered by Health and Human Services and help Mr. MERKLEY. Mr. President, I rise friends as dedicated, good-natured, and lead our Nation toward high-quality, today in remembrance of one of Or- an excellent father. His family said he affordable health care for all. She has egon’s finest young men, PFC Richard was ‘‘proud to serve in the United served the people in Kansas well for Dewater. A former resident of Grants States Army.’’ LeRoy’s sacrifice de- over 20 years as State legislator, as in- Pass, OR, PFC Richard Dewater trag- serves the gratitude of the entire na- surance commissioner and as Governor, ically lost his life on April 15 while on tion and is a reminder of the high cost and she has demonstrated deep knowl- patrol in Afghanistan. PFC Richard of freedom. I express my deepest re- edge of the problems plaguing our Dewater will be flown back to Oregon spect and admiration for this American health care system, and the vision and and laid to rest in Roseberg National hero. skill to fix them. Time and time again Cemetery. (At the request of Mr. REID, the fol- she has reached across the aisle and Private First Class Dewater was as- lowing statement was ordered to be achieved practical solutions that have signed to the 1st Battalion, 26th Infan- printed in the RECORD.) resulted in tangible benefits to families try Regiment, 3rd Brigade Combat f and businesses. Team, 1st Infantry Division based out She was asked by former Republican of Fort Hood, TX. Private First Class NOMINATION OF GOVERNOR Governor Bill Graves to design and Dewater was deployed to Afghanistan KATHLEEN SEBELIUS lead the Kansas Children’s Health In- in July in support of Operation Endur- ∑ Mr. KENNEDY. Mr. President, I surance Program in 1998, and she led an ing Freedom in Afghanistan. Just days strongly supported the confirmation of expansion of coverage from 15,000 to before his death, Private First Class Governor Kathleen Sebelius to the Sec- over 51,000 children. As Governor, her Dewater’s brigade ambushed a Taliban retary of Health and Human Services. Healthy Kansas Initiative has helped unit near Korengal Valley. America needs strong and effective to contain runaway health care costs, Joining the U.S. Army was some- leadership in public health. That is streamline the bureaucracy, and make thing Private First Class Dewater was true at all times but never more so health insurance and prescription extremely passionate about. Ever since than when the Nation faces a grave drugs more affordable for thousands of Private First Class Dewater was a threat from a serious disease epidemic. children, working parents and small

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.042 S29APPT1 smartinez on PROD1PC64 with SENATE S4886 CONGRESSIONAL RECORD — SENATE April 29, 2009 businesses. To give all children a [From the Muscatine Journal] desserts which were all a part of the tour healthy start on life, she further pro- (By Melissa Regennitter) package. A helping hand. Along with the 29 men and one woman veteran were 10 family posed providing health insurance to MUSCATINE, IOWA.—A trip to Washington D.C. became a memorable experience for 30 members who paid their own way to take the every uninsured child from birth to age trip. In addition to those people, eight volun- five. World War II veterans who had the chance to share memories and make new ones with old teers paid their own way so they could be Governor Sebelius set up counseling there to push wheelchairs, lend a hand to programs as well to help senior citizens friends. Many people made new friends along the journey as well. those who might need it, keep things orga- navigate the complexities of the Medi- Muscatine hosted its first WWII Honor nized and even make the veterans laugh. care prescription drug benefit plan and Tour in October after much hard work and What ended up happening was a new found choose the best plan for their needs. dedication from area volunteers who raised sense of honor for those who had served. The She also established a multistake- more than $35,000 to give the vets an all-in- helpers were at times more emotional than the veterans and bonds grew that no one holder group of business leaders, con- clusive tour of D.C. and Virginia memorials. That trip included a visit to their memorial, really expected. All of the helpers say that sumer groups, health care providers they came home with new friends and made and private insurers to make rec- the World War II Memorial in D.C.—situated between Lincoln Memorial and the Wash- memories they’ll never forget. ommendations on modernizing the ington Memorial. The trip came about after f health system, promoting coordination Pam Ramer, former president of the Amer- IDAHOANS SPEAK OUT ON HIGH and consistency of care and reducing ican Legion Post 27 Auxiliary heard a heart- administrative burdens on patients and warming story about an Honor Tour her ENERGY PRICES providers alike. uncle Jim Marshall, 82, a former Navy radio Mr. CRAPO. Mr. President, in mid- Through this broad consultative operator from Mount Pleasant, had done. His June, I asked Idahoans to share with process, Governor Sebelius created a wife Pauline helped him out and their tour me how high energy prices are affect- public-private partnership to build and took place in April. ing their lives, and they responded by Marshall had already taken the trip, com- install nationally-recognized health in- plete with meals, bus tour, hotel and flight, the hundreds. The stories, numbering formation technology systems, and she so Ramer looked to him to get things in well over 1,200, are heartbreaking and pioneered the Kansas ‘‘smart card’’ the order. He had told her of the emotional jour- touching. While energy prices have first health insurance ID card to imple- ney it had been, how the vets were treated dropped in recent weeks, the concerns ment state-wide standards. with dignity, cheers and handshakes, and expressed remain very relevant. To re- Achievements such as these have how much it seemed to mean to them to go spect the efforts of those who took the brought wide accolades. Governor mag- on a trip they otherwise may never have opportunity to share their thoughts, I azine named her as one of its Public Of- taken. By June Ramer had set her mind to am submitting every e-mail sent to me ficials of the Year when she served as the goal and knew it would be about $1,100 through an address set up specifically per person. Though it felt like an impossible Kansas insurance commissioner in 2001. for this purpose to the CONGRESSIONAL target, fundraising and a town with a love Time magazine named her one of the for its veterans made the elaborate scheme RECORD. This is not an issue that will Nation’s top five Governors in 2005. Her possible. be easily resolved, but it is one that de- nomination is supported by the Amer- Fundraisers galore! Post 27 held a yard serves immediate and serious atten- ican Medical Association, the AFL– sale, 1950s–60s dance, car show, volleyball tion, and Idahoans deserve to be heard. CIO, and scores of other stakeholders. and golf tournaments, dinners and silent Their stories not only detail their As Warren Buffet said, ‘‘With this ap- auctions. Business in town took part, offer- struggles to meet everyday expenses, pointment, the President just hit one ing a place to hold the events, donations and but also have suggestions and rec- out of the park.’’ prizes. Senators, corporations and school ommendations as to what Congress can I thank my Senate colleagues for kids who collected change donated money do now to tackle this problem and find and were recognized on the ‘‘flag of honor’’ confirming Governor Sebelius’ nomina- wall at the Legion. A woman even gave a solutions that last beyond today. I ask tion as Secretary of the Department of house full of furniture to auction off and a unanimous consent to have today’s let- Health and Human Services, and I look local auctioneer volunteered his time to help ters printed in the RECORD. forward to working with her in the sell it. There being no objection, the mate- months ahead to achieve real health Everyone involved contacted businesses rial was ordered to be printed in the reform for the American people this and business associates to ask for support. RECORD, as follows: year at long last.∑ The reception from the community was re- Saying that ‘‘The continual increase in the markable as the word spread; the goal was cost of fuel is affecting Idahoans’’ is a major f met a few weeks before the send-off cere- understatement. I, my friends, my family, AMERICAN LEGION POST 27 mony was held. and a large number of my co-workers have AirTran Airways went out of their way to Mr. GRASSLEY. Mr. President, I already cancelled a number summer activi- make scheduling accommodations for the 48 ties and vacations here in Idaho due to the would like to take a moment to recog- people who went; 30 veterans and 18 family price increases. All fuel consumption has nize the achievements of American Le- members and helpers. The pilots were as been whittled down to just bare necessities gion Post 27 out of Muscatine, IA. This happy to have the vets on the plane as the such as only driving to work, school, and to group hosted its first World War II vets were to be going to D.C. When the plane purchase groceries. And because of the gas Honor Tour in Washington, DC, in Oc- landed at the Ronald Reagan Washington prices, all store products have increased tre- tober 2008, sponsoring 30 World War II National Airport, fire trucks sprayed the air- mendously. My family pays approximately veterans from the Muscatine area. The craft down as it taxied in. The captain said $50 to $60 more each week for our basic rou- it was a high honor and a way to show appre- tine groceries. local community raised funds by hold- ciation for the vets. I recently found out that my husband and ing yard sales, dances, and tour- Many monuments. The group arrived on I did not draw on the hunts we put in for this naments, and also by asking help from Thursday, Oct. 2, to a Tysons Corner Marriot year. And, instead of being disappointed, we local businesses and friends. The vet- in Northern Virginia. The weekend was were somewhat relieved because of the erans attending the tour were accom- packed with visits to historical sites includ- money that we would have had to spend in panied by family members and volun- ing The World War II, Jefferson, Lincoln, order to hunt. We sold our snowmobiles this teers who donated their time and Vietnam, Marine Corps and Korean memo- spring because of the money it would take us money to come along on the trip. While rials as well as Air Force and Navy memo- in the future to trailer them and keep them rials and museums. They also went to Ar- operational. I am considering selling my in DC, the group visited several histor- lington National Cemetery, the Pentagon, horse trailer because I cannot afford to trail- ical sites including the World War II Mt. Vernon and the estate of George Wash- er my horse anywhere. People are trying to Memorial and Arlington National Cem- ington, the U.S. Capitol, the White House unload their horses and stock because the etery. I am very proud to represent and downtown D.C. where they shopped for price of hay has literally doubled and they these honorable veterans and ask unan- souvenirs and saw Ford’s Theater where Abe cannot afford to feed their animals. Finding imous consent that an article written Lincoln was shot and the home he died in. hay is a chore in itself because the majority about their time in Washington by Me- At Arlington, a visit to the Tomb of the of it is being purchased and transferred out lissa Regennitter of the Muscatine Unknown Soldier brought tears to the eyes of state. All outdoor activities have come to of many and honor to all as a group of the a screeching halt. And not only for my fam- Journal be printed in the RECORD. Muscatine-area veterans were allowed to ily but for many, many others. There being no objection, the mate- participate in a wreath-laying ceremony. Half of the raise I received at work this rial was ordered to be printed in the The veterans were treated to fine dining past year went to the increase in bus trans- RECORD, as follows: where they enjoyed extravagant meals and portation to work; the other half went to the

VerDate Nov 24 2008 03:06 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.046 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4887 increase in my benefits. And with the con- longer living in Phoenix. We felt that big our public land while maintaining access for tinual increase in fuel prices (which affect time in the food budget. work and play. For many residents of Adams the cost of all other things like groceries, We recently had a family meeting and we County, that access includes the ability to and utilities) I cannot even say I ‘‘broke as a family are doing or not doing the fol- gather firewood to heat our homes. even.’’ I am actually behind the economy. lowing trying to be proactive so as not to Throughout the NEPA process for the The bus services at work are considering have to sell our home, fall behind in our debt Travel Management Plan, we submitted hun- raising the cost of the bus passes again be- paying or being in a position of bankruptcy. dreds of comments regarding the importance cause of the fuel cost. People are starting to Conservation of water, limited showers, of firewood collection for personal use. Many carpool, and the traffic to work has in- laundry and running of dishwasher. No more families in west-central Idaho continue to creased tremendously, and that has in- gas money for daughter; she must now limit heat their homes exclusively or primarily creased the danger factor of more accidents. her trips for anything other than work or with wood. However, the Forest Supervisor Some of my co-workers have purchased mo- school. Computer and accessories are turned has determined that firewood gathering is a torcycles because they use less fuel. One em- off at end of day. No wasting of food, take ‘‘non-significant issue,’’ according to the ployee out here at the site had a near-fatal smaller portions. No extra goodies at the FEIS. Decisionmakers seem determined to accident when he collided with an antelope grocery store. (We have always primarily move ahead with the alternative that closes while riding his motorcycle to work. shopped at Winco.) Hardly any entertaining; all roads on the forest unless they are des- How sad is it that I had to tell my son that cannot afford the food cost. No more lights ignated open. In addition, wood cutters if he made All-Stars in baseball this year, he left or TVs running and no one watching. would be limited to traveling no more than may not get the chance to play because we Waiting longer to turn the AC on and turn- 300 feet from a designated road to retrieve cannot afford the trips out of town. We had ing the thermostat higher. The stimulus firewood. I invite you to come drive the few planned a family trip to Mount Rushmore check (which is a waste of government roads that will remain open to motorized this summer, and my husband and I told our money) is in our saving account. Will prob- travel and try to find enough firewood that children that that trip is not likely going to ably have to use it for gas or food. meets all of the current and proposed restric- happen. My Power Stroke diesel truck stays I have all but lost my job as no one has the tions. You quickly will see why so many Ida- parked in the garage and only gets run occa- money to spend at the business where I am hoans are hot about these unnecessarily re- sionally to keep in operating well. barely employed. Also I was working full strictive regulations. Everyone seems to have put the ‘‘living’’ in time 40 + hours at the Outer Limits Fun Firewood is a renewable bio-fuel, not a fos- their lives on hold and have been going Zone. In January my hours were cut to 16 sil fuel that is expensive to locate, extract, through the motions of just getting by hop- hours or less per week and June 26 my hours refine and distribute. Under former firewood ing that there will be a break in this gloom. were reduced to a mere 6 hours weekly. Yes, guidelines, with careful scouting, we were People keep saying ‘‘something has got to I am going to have to find at least another able to find suitable firewood within 20 to 30 give’’, ‘‘something has got to happen’’ and part-time job to stay afloat. miles of our homes. Under the proposed fire- the only thing happening is the continual in- If this keeps up I do not know if we can wood restrictions, we may have to travel 60 crease in the cost of gas. This week my hus- survive. It is getting real scary!! Thanks for to 80 miles each time we need to bring home band filled two portable gas cans at a local listening, a load of wood. And each household will have gas station so we can mow and weed-eat our BRENDA. to make several of those lengthy, fuel-con- yard. When he returned home, he held up suming trips each year to lie in enough wood both gas cans and said ‘‘You are looking at I drive from Middleton to Boise 5 days a for the winter. In addition, as accessible fire- over $40 worth of gas here’’. week to work. The traffic is heavy and some- wood becomes more and more scarce because I hear a number of reasons and theories to times slow. I wish there was a motorcycle of these restrictions, we will see more user why fuel has skyrocketed. No one seems to lane on the freeway for those that want to conflicts, resource damage, and accidents know for sure, but we are all (unhappily) try- ride our motorcycles to work. It costs a lot among woodcutters forced into close prox- ing to live with the effects of it. Thank you less to ride a motorcycle than a car. My hus- imity. for the opportunity to be heard. band rides his motorcycle to work every day The solution to this problem is obvious. ANDREA. when weather permits. He spends $7 per The Payette National Forest can simply des- week. That is a relief for us, since his truck ignate all existing forest roads open to mo- We are a retired couple. I work to provide would cost a lot more to fill up. torized travel unless specific resource con- the extras, which these days are anything Nuclear power—I do not believe we need to cerns necessitate closure. Remember, the except the absolute necessities for life. We pollute the Earth with this poison. During purpose of the national rule was to control have always been a conserving family, hav- World War II, our government paid scientists indiscriminate cross-country travel. The di- ing lived in Phoenix, Arizona, previously for to develop the nuclear bomb. These people rective is to keep motorized vehicles on the 25+ years. We have compact fluorescent worked hard, until they were successful in roads and trails. Blanket closures of more bulbs throughout our 3,200-square foot home, their endeavors. Why then can not we do the roads and trails does not accomplish that costly energy saving insulation, ceiling fans, same to find other non-pollutes forms of en- goal. In fact, such sweeping closures are we cook and heat with natural gas, and we ergy? counterintuitive. Nor has the Forest con- do have a huge 1,800-square foot garden and It is imperative that we do not continue to ducted a thorough analysis of existing roads orchard but water efficiently and preserve pollute the Earth. When a natural disaster and trails, despite our repeated requests. all our produce and fruit. We have central air happens, like floods, earthquakes, etc., the Furthermore, these extensive closures create conditioning but only use it during the hot- poisons of the Earth hunt mankind. Let us a genuine hardship for Idaho families who test part of hot days. learn from what is happening around the are trying to heat their homes efficiently About 21⁄2 years ago, foreseeing that gaso- world—disasters, and let us develop forms of and economically, using renewable biomass line was going to become a major cost, we energy that will not come back to haunt us that is close to home, rather than scarce fos- traded our gas guzzling 9 mpg Chevrolet later. sil fuels from halfway around the world. Trail Blazer for a vehicle which gets about TELMA. Please restore some sanity to this process. 17–20 mpg in town. We combine our errands Encourage the Payette Forest Supervisor to to more efficiently use gasoline. We have not You asked Idahoans to share their stories select the less radical and less onerous alter- taken a traveling vacation in four or five of how high energy prices are affecting us. native for the new Travel Management Plan. years as gas costs too much. Many of us in Adams County and sur- By designating all existing forest roads open We also financially aid an 18-year-old rounding areas face an even greater crisis unless otherwise marked, she will make it daughter at home struggling to provide than the high cost of energy. We are being possible for rural Idahoans to continue to transportation for her to a part-time job and denied fuel to heat our homes. And it is not gather firewood from our National Forest. college classes. We have a married child we the big oil companies or OPEC that are leav- At the same time, she will help better dis- have had to financially help as they acquire ing us out in the cold. It is the U.S. Forest tribute use across the forest, rather than more education to increase their earning ca- Service. concentrating users on few roads and con- pacity. We have done all we can on our lim- As you know, all of America’s national for- densed areas, which would actually accel- ited retirement incomes to conserve. We still ests are required to develop new Travel Man- erate damage to the resource, increase user suffer and financially fall further behind agement Plans to designate roads and motor- conflicts, and raise the risk of accidents every year. ized trails in order to curtail indiscriminate when too many woodcutters converge in In the past this was caused by tremendous cross-country motorized travel and protect smaller and smaller confines. premium increases in our health insurance natural resources. Private citizens, our Let us utilize renewable biomass while re- premiums combined with increases in the Adams County Commissioners, and the ducing the wildfire fuel load in our backyard. cost of electricity and natural gas. Roughly Adams Natural Resource Committee have Thank you for supporting responsible use of two years ago when gas rose to $2 per gallon worked diligently with the Payette National our natural resources and our public lands. and continued to increase, we started observ- Forest for the past two years to try to craft WENDY, Indian Valley. ing and feeling the impact of rising fuel cost a reasonable, pragmatic travel plan. After as it affects every item we consume or use. all, the Payette National Forest makes up I am glad you are willing to listen to the Recently our 32-year-old son came to live nearly two-thirds of the land in our county. residents of Idaho. Gas prices continue to with us as he could not support himself any It is important to us to be good stewards of amaze me and we have cut back on traveling

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.023 S29APPT1 smartinez on PROD1PC64 with SENATE S4888 CONGRESSIONAL RECORD — SENATE April 29, 2009 as much as possible. As a result in increased going up faster than the money is coming in. most challenging assignments. He fuel prices, food prices continue to climb as I am not looking for hand-outs; I just want quickly distinguished himself as an ex- do electricity costs. Unfortunately, salaries things to be reasonable. When delivering pa- pert in operational law when he served and benefits do not continue to rise as well. pers, you can have a walk route or motor I know that it is hard to know what to do route. The motor routes get paid twice to as the first Regimental Judge Advocate to help the situation, but I have one solution three times as much as the walk routes. I for the 75th Ranger Regiment, Amer- that would benefit us. Get rid of daylight have walk routes but so many papers that I ica’s premier rapid-reaction assault savings. Not only do my children (and I) have to drive, not to mention the wear and force. He later served as the legal ad- have a hard time adjusting to the time tear of the stop and go of the job. I also have viser for the Joint Special Operations change every spring and fall, but I honestly to porch 90 percent of my papers, which has feel it causes us to use more energy. We have Command at Fort Bragg, NC, where he caused wear and tear on my body that can- participated in operations in Somalia to stay up until nearly midnight every night not be fixed. I feel that a paper route is a just to allow the house to cool down. My paper route, and you should get the same and Haiti. As the Staff Judge Advocate children also stay up later because it is still rate per paper, not a different rate for dif- for the U.S. Army Southern European light outside until 10 p.m. so it is easy to ferent mileage. What about the miles on my Task Force, SETAF, in Vicenza, Italy, lose track of time. I believe one of the states body that is twice as much as someone with he twice deployed to central Africa as did a study as well and found that daylight a motor route? I would like to see changes in the Joint Task Force legal adviser in savings does indeed cause us to use more en- the way we are reimbursed for gas because 40 support of regional stabilization, ref- ergy not less. My son just returned from vis- cents to the gallon, when a gallon is $4 just iting family in Arizona, and he is ready to do is not fair for anyone. ugee return, and noncombatant evacu- away with daylight savings as well. Please ACCALIA, Sandpoint. ation operations. From 1999 to 2001 he consider this as a potential help to our en- served as the Staff Judge Advocate for ergy problems. Our family has cut back on the use of our XVIII Airborne Corps and Fort Bragg, SHERYL. auto. We have a high mileage Honda Civic where he advised the operational com- that gets 40+ mpg on trips but we only make mander of over 85,000 soldiers world- I am a 73-year-old senior trying to live on a trip when we have to. We combine errands Social Security and a bit of other income. and use the car for dual tasks. We will walk wide. Over 2 years ago, we took guardianship of a or carpool when possible. Upon selection and promotion as a great-granddaughter; her mother is incarcer- Now I have an immediate short-term solu- ated due to meth addiction. We have a dia- general officer in 2001, he assumed re- tion to the high price of gas, jet fuel, and sponsibilities as the Commander, U.S. betic daughter whose kidneys failed; she is diesel. It involves our government sub- now undergoing treatment three times a sidizing the cost of energy to hold the price Army Legal Services Agency, and Chief week. She nearly bled to death three times of gas at around $2.50 a gallon to the con- Judge, U.S. Army Court of Criminal in one month, as she was home sleeping and sumer. It would not increase the Federal Appeals. His service included super- her shunts opened. They had to close them Government’s budget. You could simply vision of the Army’s considerable liti- off and use a chest catheter now. She is eliminate all the pork packages added to gation program, government and de- scheduled for a triple bypass and to correct about every bill that is passed. You could fense appellate programs, and Chief a heart defect on July 8. also eliminate the subsidies to the big oil We are so grateful to still have her with us. Judge of the Army’s criminal appellate companies and, if necessary, eliminate the We have to help her with her many bills agricultural subsidies, especially the ethanol court. (medical, food, gas etc.), as she lives alone in support. What I am saying is that if govern- In 2003, he was appointed the Assist- a small house about 3 miles from us. She ment would use the taxpayers’ money with still is able to enjoy some freedom in her ant Judge Advocate General for Mili- frugality and common sense, they would life, as long as we can afford all this. I do not tary Law and Operations, where he have the resources to hold the price of fuel know how long we can do this. She is able to forged a cohesive team of experts who down until a permanent solution surfaces. If get some assistance, but not nearly enough. we do not get a handle on the rising cost of delivered legal advice across a wide My husband, who will be 77 in August, has range of disciplines including the es- gone back to work on a temporary job at the fuel our economy and the economies of the INEL, for as long as he can handle. He is world will be destroyed. tablishment of the Office of Military gone 12 hours a day from home. JERRY, Boise. Commissions, the evolving role of the Yesterday, I went to Wal-Mart, and a 5- f law in judicial reconstruction and sta- pound block of cheddar cheese was $18.97 per ADDITIONAL STATEMENTS bility operations, and the significant cube. growth of contractors as force multi- Just how much can this go on? Why was pliers. this allowed to go on at all? With an energy TRIBUTE TO MAJOR GENERAL bill all these years. As far as I am concerned, General Wright was appointed Dep- DANIEL V. WRIGHT everyone who voted against these bills [was uty Judge Advocate General on Octo- not considering the long-term. Now the ∑ Mr. GRAHAM. Mr. President, I wish ber 1, 2005, and promoted to the rank of American public is paying for the short- today to recognize and pay tribute to major general. In this position he sightedness of these actions.] MG Daniel V. Wright, the Deputy served as the principal assistant for the LYDIA, Idaho Falls. Judge Advocate General of the Army, largest legal services corps within the I am writing in concerns to the raising gas for his many years of exceptionally Department of Defense, with more than prices and how it is affecting me. I currently meritorious service to our country. 9,000 uniformed and civilian attorneys, work full-time as a paper delivery person. I General Wright will retire from the paralegal NCOs, and civilian support have nine routes between two paper compa- Army on May 29, 2009, having com- nies, the Spokesman Review and the Daily staff across 651 offices in 19 countries. pleted a distinguished 36-year military General Wright routinely advised the Bee. Last year I was forced to pick up more career. We owe him a debt of gratitude routes within my area just so I could pay for Judge Advocate General, the Vice Chief gas and still support my three little girls. for his many contributions to our Na- of Staff of the Army, and other senior This year as gas continues to climb, I am tion and the legal profession, particu- military leaders on the most sensitive forced to go to work cleaning houses on the larly during operations in support of matters of policy, personnel, ethics, side during the day, on top of my paper the global war on terror. operational law, and military justice. routes. I am a mother who was working Born on the Fourth of July in 1951, in His advice has been invaluable because nights so I could be home with my kids and Birmingham, AL, this great patriot it was built on decades of perspective, not pay someone else to raise my kids for grew up in Miami, FL. He graduated in experience, and study, and was deliv- me. Last year I started home schooling my 1973 from the United States Military ered with clarity and candor. two school-age children due to lack of faith Academy and was commissioned as an in the public school system. My kids love it General Wright’s awards include the and are excelling now where one was behind infantry officer. His initial assignment at the beginning of last year. was to the 25th Infantry Division, Defense Superior Service Medal, the Now I face trying to juggle two jobs, my Schofield Barracks, Hawaii, where he Legion of Merit, Army Meritorious own schooling and the schooling of two of served as an infantry officer until 1977. Service Medal, Joint Service Com- my children. I am trying to better myself, He was then selected by the Army to mendation Medal, Army Commenda- and every time things look up financially, attend law school through the Funded tion Medal, Army Achievement Medal, the cost of gas or something else goes up, but Armed Forces Expeditionary Medal, the cost of living and the going pay rates Legal Education Program and com- stay the same. Tell me how a single mother pleted his legal studies at the Univer- and Humanitarian Service Medal. He of three is supposed to get out of poverty sity of Miami. has earned the Expert Infantryman’s when the cost of everything, especially gas His career as a Judge Advocate Badge, the Master Parachutist Badge, for those who work in the service industry, is spanned the globe and included the and the Ranger Tab.

VerDate Nov 24 2008 03:06 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.026 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4889 I know all my colleagues join me in nize Lie-Nielsen Toolworks Inc., a Thomas Lie-Nielsen that will shape our saluting MG Daniel V. Wright and his small business in my home State of economic future. I wish Mr. Lie- wife, Jan, his daughter Melissa, also an Maine, that saw a need in specialty Nielsen, founder and CEO, and every- Army veteran, his daughter Katie, and toolmaking, and moved quickly to fill one at Lie-Nielsen Toolworks, Inc. a his son Brian and his son Jeff, for the it. successful year.∑ family’s many years of truly out- As a boy, Thomas Lie-Nielsen spent f standing service and support to the many hours in his father’s workshop as MESSAGES FROM THE PRESIDENT Judge Advocate General’s Corps, the seasoned woodworkers practiced their U.S. Army, and our great Nation.∑ craft, absorbing their techniques. An Messages from the President of the f English major in college, Mr. Lie- United States were communicated to Nielsen always maintained a fondness the Senate by Mrs. Neiman, one of his TRIBUTE TO JESSE KUHAULUA for woodworking, and later worked for secretaries. ∑ Mr. INOUYE. Mr. President, I would a mail order woodworking tools busi- f like to recognize Mr. Jesse Kuhaulua, ness. When larger manufacturers began EXECUTIVE MESSAGES REFERRED renowned sumo wrestler and to drop specialty tools from their lines, stablemaster. June 6, 2009, marks Mr. he moved to the small Maine town of As in executive session the Presiding Kuhaulua’s 65th birthday, and official West Rockport, where he opened his Officer laid before the Senate messages retirement from the sport of sumo. It shop in 1981 to fill the specialty tool from the President of the United is with warm aloha that I congratulate niche. In 1988, as the business grew, Mr. States submitting sundry nominations Mr. Kuhaulua on these milestones. Lie-Nielsen moved the company to the which were referred to the appropriate The traditions of sumo span cen- neighboring town of Warren, where he committees. turies. During the 8th century, sumo later opened a 13,000-square-foot facil- (The nominations received today are wrestling matches were integrated into ity for its day-to-day operations. In printed at the end of the Senate pro- the ceremonies of the Imperial Court. 1998, Lie-Nielsen acquired the Inde- ceedings.) With the support of the Imperial Court, pendence Tool Company, further grow- f sumo evolved and developed rules and ing the company’s size. MESSAGES FROM THE HOUSE techniques that closely resemble the Starting out producing just two tools At 12:18 p.m., a message from the sumo of today. In the 12th century, in 1981, Lie-Nielsen today manufac- House of Representatives, delivered by under a military dictatorship, intense tures almost 100 different tools, from Mr. Zapata, one of its reading clerks, warfare ensued, and sumo was used to planes to spokeshaves to special inlay announced that the House agrees to improve fighting skills. When peace tools. The company now employs more the report of the committee of con- was restored in the early 17th century, than 60 Mainers, crafting woodworking ference on the disagreeing votes of the professional sumo groups were orga- tools from a variety of native Amer- two Houses on the amendment of the nized to entertain the rapidly expand- ican hardwoods found mostly through- House to the resolution (S. Con. Res. ing mercantile class, and sumo came out New England. Lie-Nielsen ships its 13) entitled ‘‘Concurrent resolution set- into its own as the national sport of tools to customers abroad, as far away ting forth the congressional budget for Japan. The present day Japan Sumo as Europe, Japan and Australia. The the United States Government for fis- Association has its origins in these company also teaches the craft of cal year 2010, revising the appropriate groups. An amalgamation of Shinto woodworking through its training budgetary levels for fiscal year 2009, ritual, skill, and entertainment, sumo DVDs which feature how to get the and setting forth the appropriate budg- is more than a practice of strength and most out of their specialty, hand-craft- etary levels for fiscal years 2011 combat. Sumo epitomizes Japanese ed Lie-Nielsen tools. through 2014.’’. culture and its affinity for tradition. Mr. Lie-Nielsen remains personally Mr. Kuhaulua was born and raised in committed to the success of his busi- At 3:25 p.m., a message from the Hawaii on the Island of Maui, and in ness, particularly through increased House of Representatives, delivered by 1964 left the islands to pursue the sport production and the development of new Mrs. Cole, one of its reading clerks, an- of sumo in Japan. Over the course of and sturdy products. He is particularly nounced that the House has passed the nearly 45 years, as both a wrestler and responsive to comments and sugges- following bills, in which it requests the stablemaster, Mr. Kuhaulua has been a tions from his company’s customers in concurrence of the Senate: pioneer and a legend. As an individual designing new tools they would like H.R. 1243. An act to provide for the award athlete, his achievements are out- Lie-Nielsen to make. Additionally, Mr. of a gold medal on behalf of Congress to Ar- standing. Mr. Kuhaulua holds almost Lie-Nielsen frequently travels through- nold Palmer in recognition of his service to every all-time individual sumo record out the United States and Canada dis- the Nation in promoting excellence and good of endurance or in the iron-man cat- cussing the woodworking and tool- sportsmanship in golf. egory. As a trail blazer, he has earned making trade at informational talks H.R. 1595. An act to designate the facility of the United States Postal Service located a place in sumo history that will never and presentations. He is also an accom- at 3245 Latta Road in Rochester, New York, be forgotten, as the first foreigner to plished author, having written ‘‘Taun- as the ‘‘Brian K. Schramm Post Office Build- win a tournament championship, and ton’s Complete Illustrated Guide to ing’’. to open a sumo stable. His coaching Sharpening,’’ as well as co-authoring The message also announced that the skills helped develop the skills of Mr. ‘‘Taunton’s Complete Illustrated Guide House has agreed to the following con- Chad Rowan, the first foreigner to to Woodworking.’’ current resolutions, in which it re- achieve the rank of Yokozuna. The leg- On April 17 of this year, Maine Gov- quests the concurrence of the Senate: acy Mr. Kuhaulua leaves the world of ernor John Baldacci presented Lie- H. Con. Res. 36. Concurrent resolution call- sumo wrestling will continue to be an Nielsen, along with five other excellent ing on the President and the allies of the inspiration for generations to come. Maine companies, with the 2009 Gov- United States to raise in all appropriate bi- I applaud Mr. Kuhaulua for his hard ernor’s Award for Business Excellence. lateral and multilateral fora the case of Rob- work and perseverance that has led to Lie-Nielsen was selected for the com- ert Levinson at every opportunity, urging his great achievements in sumo, and pany’s innovative spirit and for its Iran to fulfill their promises of assistance to wish him the best in the bright years strong record of community service the family of Robert Levinson, and calling ahead.∑ and dedication to investing in its work- on Iran to share the results of its investiga- tion into the disappearance of Robert f force. I extend my congratulations to Levinson with the Federal Bureau of Inves- Lie-Nielsen Toolworks for this out- HONORING LIE-NIELSEN tigation. standing recognition. H. Con. Res. 104. Concurrent resolution TOOLWORKS INC. Carving out a specialty niche in the supporting the goals and ideals of National ∑ Ms. SNOWE. Mr. President, Amer- woodworking world, Lie-Nielsen has Sexual Assault Awareness and Prevention ican entrepreneurs often make their excelled as a leader in the craft of Month. mark by honing their skills to meet a toolmaking. It is the passion, drive, The message further announced that public demand. Today I wish to recog- and innovation of entrepreneurs like pursuant to 44 U.S.C. 2501, and the

VerDate Nov 24 2008 03:06 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.033 S29APPT1 smartinez on PROD1PC64 with SENATE S4890 CONGRESSIONAL RECORD — SENATE April 29, 2009 order of the House of January 6, 2009, dition to Mr. TANNER of Tennessee, Scranton; Pennsylvania’’ (MB Docket No. 08– the Speaker appoints the following Chairman, appointed on February 13, 244) received in the Office of the President of Member of the House of Representa- 2009: Mrs. TAUSCHER of California, Vice the Senate on April 27, 2009; to the Com- mittee on Commerce, Science, and Transpor- tives to the National Historical Publi- Chairman, Mr. ROSS of Arkansas, Mr. tation. cations and Records Commission: Mr. CHANDLER of Kentucky, Mr. LARSON of EC–1480. A communication from the Acting LARSON of Connecticut. Connecticut, Mr. MEEK of Florida, Mr. Assistant Secretary of Land and Minerals The message also announced that SCOTT of Georgia, and Ms. BEAN of Illi- Management, Minerals Management Service, pursuant to 16 U.S.C. 431 note, and the nois. Department of the Interior, transmitting, order of the House of January 6, 2009, The message also announced that pursuant to law, the report of a rule entitled the Speaker appoints the following pursuant to 22 U.S.C. 2903, and the ‘‘Renewable Energy and Alternate Uses of Members of the House of Representa- order of the House of January 6, 2009, Existing Facilities on the Outer Continental tives to the Dwight D. Eisenhower Me- the Speaker appoints the following Shelf’’ (RIN1010–AD30) received in the Office of the President of the Senate on April 27, morial Commission: Mr. MOORE of Kan- Member of the House of Representa- 2009; to the Committee on Energy and Nat- sas and Mr. BOSWELL of Iowa. tives to the Japan-United States ural Resources. The message further announced that Friendship Commission: Mr. EC–1481. A communication from the Assist- pursuant to section 5(a) of the Abra- MCDERMOTT of Washington. ant Secretary, Bureau of Legislative Affairs, ham Lincoln Bicentennial Commission Department of State, transmitting, pursuant f Act (36 U.S.C. 101 note), and the order to law, status reports relative to Iraq for the of the House of January 6, 2009, the MEASURES REFERRED period of February 15, 2009, through April 15, Speaker appoints the following Mem- 2009; to the Committee on Foreign Relations. The following bills were read the first EC–1482. A communication from the Assist- ber of the House of Representatives to and the second times by unanimous ant Legal Adviser for Treaty Affairs, Depart- the Abraham Lincoln Bicentennial consent, and referred as indicated: ment of State, transmitting, pursuant to the Commission: Mr. JACKSON of Illinois. H.R. 1243. An act to provide for the award Case-Zablocki Act, 1 U.S.C. 112b, as amended, The message also announced that of a gold medal on behalf of Congress to Ar- the report of the texts and background state- pursuant to 20 U.S.C. 2004(b), and the nold Palmer in recognition of his service to ments of international agreements, other order of the House of January 6, 2009, the Nation in promoting excellence and good than treaties (List 2009–0047–2009–0061); to the the Speaker appoints the following sportsmanship in golf; to the Committee on Committee on Foreign Relations. Member of the House of Representa- Banking, Housing, and Urban Affairs. EC–1483. A communication from the Acting tives to the Board of Trustees of the H.R. 1595. An act to designate the facility Secretary of Health and Human Services, transmitting, pursuant to law, an annual re- Harry S Truman Scholarship Founda- of the United States Postal Service located at 3245 Latta Road in Rochester, New York, port relative to the Low Income Home En- tion: Mr. SKELTON of Missouri. as the ‘‘Brian K. Schramm Post Office Build- ergy Assistance Program for fiscal year 2006; The message further announced that ing’’; to the Committee on Homeland Secu- to the Committee on Health, Education, pursuant to section 4404(c)(2) of the rity and Governmental Affairs. Labor, and Pensions. Congressional Hunger Fellows Act of The following concurrent resolutions f 2002 (2 U.S.C. 1161), and the order of the were read, and referred as indicated: REPORTS OF COMMITTEES House of January 6, 2009, the Speaker appoints the following Member of the H. Con. Res. 36. Concurrent resolution call- The following reports of committees ing on the President and the allies of the were submitted: House of Representatives to the Board United States to raise in all appropriate bi- of Trustees of the Congressional Hun- lateral and multilateral fora the case of Rob- By Mr. LIEBERMAN, from the Committee ger Fellows Program for a term of four ert Levinson at every opportunity, urging on Homeland Security and Governmental Af- years: Mr. JAMES P. MCGOVERN of Iran to fulfill their promises of assistance to fairs, without amendment: Worcester, Massachusetts. the family of Robert Levinson, and calling S. 615. A bill to provide additional per- The message also announced that on Iran to share the results of its investiga- sonnel authorities for the Special Inspector tion into the disappearance of Robert General for Afghanistan Reconstruction pursuant to 20 U.S.C., 4303, and the (Rept. No. 111–15). order of the House of January 6, 2009, Levinson with the Federal Bureau of Inves- tigation; to the Committee on Foreign Rela- By Mr. DODD, from the Committee on the Speaker appoints the following tions. Banking, Housing, and Urban Affairs, with Member of the House of Representa- H. Con. Res. 104. Concurrent resolution an amendment in the nature of a substitute: tives to the Board of Trustees of Gal- supporting the goals and ideals of National S. 414. A bill to amend the Consumer Cred- laudet University: Ms. WOOLSEY of Sexual Assault Awareness and Prevention it Protection Act, to ban abusive credit prac- California. Month; to the Committee on the Judiciary. tices, enhance consumer disclosures, protect underage consumers, and for other purposes. The message further announced that f pursuant to 10 U.S.C. 4355(a), and the f order of the House of January 6, 2009, EXECUTIVE AND OTHER EXECUTIVE REPORTS OF the Speaker appoints the following COMMUNICATIONS COMMITTEES Members of the House of Representa- The following communications were The following executive reports of tives to the Board of Visitors to the laid before the Senate, together with nominations were submitted: United States Military Academy: Mr. accompanying papers, reports, and doc- By Mr. DODD for the Committee on HINCHEY of New York and Mr. HALL of uments, and were referred as indicated: Health, Education, Labor, and Pensions. New York. EC–1477. A communication from the Assist- *Russlynn Ali, of California, to be Assist- The message also announced that ant Secretary of Defense (Health Affairs), ant Secretary for Civil Rights, Department pursuant to 22 U.S.C. 276h, and the transmitting, pursuant to law, a report rel- of Education. order of the House of January 6, 2009, ative to the TRICARE Program for fiscal *Carmel Martin, of Maryland, to be Assist- the Speaker appoints the following year 2009; to the Committee on Armed Serv- ant Secretary for Planning, Evaluation, and Members of the House of Representa- ices. Policy Development, Department of Edu- tives to the Mexico-United States EC–1478. A communication from the Chief, cation. Policy and Rules Division, Federal Commu- *Charles P. Rose, of Illinois, to be General Interparliamentary Group: Mr. PASTOR nications Commission, transmitting, pursu- Counsel, Department of Education. of Arizona, Chairman, Ms. GIFFORDS of ant to law, the report of a rule entitled ‘‘In- *Peter Cunningham, of Illinois, to be As- Arizona, Vice Chairman, Ms. LINDA vestigation of the Spectrum Requirements sistant Secretary for Communications and SA´ NCHEZ of California, Mr. FILNER of for Advanced Medical Technologies’’ ((FCC Outreach, Department of Education. California, Mr. REYES of Texas, and Mr. 09–23) (ET Docket No. 06–135)) received in the *Brian Vincent Kennedy, of Virginia, to be GENE GREEN of Texas. Office of the President of the Senate on April an Assistant Secretary of Labor. The message further announced that 27, 2009; to the Committee on Commerce, *T. Michael Kerr, of the District of Colum- pursuant to 22 U.S.C. 1928a, and the Science, and Transportation. bia, to be an Assistant Secretary of Labor. order of the House of January 6, 2009, EC–1479. A communication from the Chief *Gabriella Cecilia Gomez, of California, to of Staff, Media Bureau, Federal Communica- be Assistant Secretary for Legislation and the Speaker appoints the following tions Commission, transmitting, pursuant to Congressional Affairs, Department of Edu- Members of the House of Representa- law, the report of a rule entitled ‘‘Amend- cation. tives to the United States Group of the ment of Section 73.622(i), Final DTV Table of *Thomasina Rogers, of Maryland, to be a NATO Parliamentary Assembly, in ad- Allotments, Television Broadcast Stations; Member of the Occupational Safety and

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.034 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4891 Health Review Commission for a term expir- SUBMISSION OF CONCURRENT AND S. 307 ing April 27, 2015. SENATE RESOLUTIONS At the request of Mr. WYDEN, the *Nomination was reported with rec- The following concurrent resolutions name of the Senator from Maine (Ms. ommendation that it be confirmed sub- and Senate resolutions were read, and COLLINS) was added as a cosponsor of S. ject to the nominee’s commitment to referred (or acted upon), as indicated: 307, a bill to amend title XVIII of the respond to requests to appear and tes- Social Security Act to provide flexi- By Ms. SNOWE (for herself and Mr. tify before any duly constituted com- bility in the manner in which beds are MENENDEZ): mittee of the Senate. S. Res. 117. A resolution commemorating counted for purposes of determining f the 80th anniversary of the Daughters of Pe- whether a hospital may be designated INTRODUCTION OF BILLS AND nelope, a preeminent international women’s as a critical access hospital under the JOINT RESOLUTIONS association and affiliate organization of the Medicare program and to exempt from American Hellenic Educational Progressive the critical access hospital inpatient The following bills and joint resolu- Association (AHEPA); to the Committee on bed limitation the number of beds pro- tions were introduced, read the first the Judiciary. vided for certain veterans. and second times by unanimous con- By Mr. LIEBERMAN (for himself, Mr. S. 318 sent, and referred as indicated: MCCAIN, Mr. HARKIN, Ms. COLLINS, Mr. LEAHY, Mr. LUGAR, and Mr. FEIN- At the request of Mr. GRASSLEY, the By Ms. MURKOWSKI: name of the Senator from Maine (Ms. S. 922. A bill to amend the Internal Rev- GOLD): S. Res. 118. A resolution to provide Inter- enue Code of 1986 to modify the term ‘‘5-year COLLINS) was added as a cosponsor of S. property’’; to the Committee on Finance. net access to certain Congressional Research 318, a bill to amend title XVIII of the By Ms. MURKOWSKI: Service publications; to the Committee on Social Security Act to improve access S. 923. A bill to promote the development Rules and Administration. to health care under the Medicare pro- By Mr. ISAKSON (for himself and Mr. and use of marine renewable energy tech- gram for beneficiaries residing in rural CHAMBLISS): nologies, and for other purposes; to the Com- areas. mittee on Energy and Natural Resources. S. Res. 119. A resolution commending the By Ms. MIKULSKI (for herself, Mr. University of Georgia gymnastics team for S. 422 KENNEDY, Mr. SCHUMER, Mrs. MUR- winning the 2009 NCAA national champion- At the request of Ms. STABENOW, the RAY, Mr. DURBIN, Mr. LEAHY, Mr. ship; considered and agreed to. name of the Senator from New Mexico BROWN, Mr. CASEY, Mrs. GILLIBRAND, By Mr. LIEBERMAN (for himself and (Mr. UDALL) was added as a cosponsor Mr. DODD): and Mr. BURRIS): of S. 422, a bill to amend the Federal S. 924. A bill to ensure efficient perform- S. Res. 120. A resolution congratulating the Trinity College Bantams for their 11th- Food, Drug, and Cosmetic Act and the ance of agency functions; to the Committee Public Health Service Act to improve on Homeland Security and Governmental Af- straight College Squash Association Men’s fairs. Team Championship; considered and agreed the prevention, diagnosis, and treat- By Mrs. GILLIBRAND (for herself, Mrs. to. ment of heart disease, stroke, and FEINSTEIN, and Mr. SCHUMER): By Mr. MENENDEZ (for himself, Mr. other cardiovascular diseases in S. 925. A bill to direct the Secretary of LAUTENBERG, Mr. DURBIN, Mr. KEN- women. NEDY, Mrs. BOXER, Mr. FEINGOLD, and Health and Human Services to study the S. 423 presence of contaminants and impurities in Mr. DODD): cosmetics and personal care products mar- S. Con. Res. 21. A concurrent resolution At the request of Mr. AKAKA, the keted to and used by children; to the Com- supporting the goals and ideals of National names of the Senator from Nebraska mittee on Health, Education, Labor, and Early Educator Worthy Wage Day; to the (Mr. NELSON) and the Senator from Pensions. Committee on Health, Education, Labor, and Minnesota (Ms. KLOBUCHAR) were added By Mr. CORNYN (for himself, Mr. Pensions. as cosponsors of S. 423, a bill to amend VOINOVICH, Mr. ENSIGN, Mrs. f title 38, United States Code, to author- HUTCHISON, and Mr. CHAMBLISS): ize advance appropriations for certain S. 926. A bill to provide for the continuing ADDITIONAL COSPONSORS review of unauthorized Federal programs and medical care accounts of the Depart- S. 34 agencies and to establish a bipartisan com- ment of Veterans Affairs by providing mission for the purpose of improving over- At the request of Mr. DEMINT, the two-fiscal year budget authority, and sight and eliminating Government spending; name of the Senator from Idaho (Mr. for other purposes. to the Committee on Homeland Security and RISCH) was added as a cosponsor of S. S. 428 Governmental Affairs. 34, a bill to prevent the Federal Com- At the request of Mr. DORGAN, the By Mr. PRYOR: munications Commission from re- names of the Senator from Missouri S. 927. A bill to amend the Securities Ex- promulgating the fairness doctrine. change Act of 1934 to enhance oversight of (Mrs. MCCASKILL) and the Senator from nationally recognized statistical rating orga- S. 144 New Mexico (Mr. UDALL) were added as nizations, and for other purposes; to the At the request of Mr. KERRY, the cosponsors of S. 428, a bill to allow Committee on Banking, Housing, and Urban names of the Senator from South Da- travel between the United States and Affairs. kota (Mr. JOHNSON) and the Senator Cuba. By Mr. PRYOR (for himself and Mr. from Arkansas (Mrs. LINCOLN) were S. 456 CORKER): added as cosponsors of S. 144, a bill to S. 928. A bill to enhance disclosures regard- At the request of Mr. DODD, the name ing the use of funds under the Troubled Asset amend the Internal Revenue Code of of the Senator from South Dakota (Mr. Relief Program, and for other purposes; to 1986 to remove cell phones from listed THUNE) was added as a cosponsor of S. the Committee on Banking, Housing, and property under section 280F. 456, a bill to direct the Secretary of Urban Affairs. S. 229 Health and Human Services, in con- By Mr. LEAHY (for himself and Mr. At the request of Mrs. BOXER, the sultation with the Secretary of Edu- SANDERS): S. 929. A bill to amend the Internal Rev- name of the Senator from New York cation, to develop guidelines to be used enue Code of 1986 to provide a Federal in- (Mrs. GILLIBRAND) was added as a co- on a voluntary basis to develop plans come tax credit for the purchase of certain sponsor of S. 229, a bill to empower to manage the risk of food allergy and nonroad equipment powered by alternative women in Afghanistan, and for other anaphylaxis in schools and early child- power sources; to the Committee on Finance. purposes. hood education programs, to establish By Mrs. MURRAY (for herself, Ms. S. 266 school-based food allergy management MURKOWSKI, and Ms. CANTWELL): S. 930. A bill to promote secure ferry trans- At the request of Mr. NELSON of Flor- grants, and for other purposes. portation and for other purposes; to the ida, the name of the Senator from New S. 476 Committee on Environment and Public York (Mr. SCHUMER) was added as a co- At the request of Mrs. BOXER, the Works. sponsor of S. 266, a bill to amend title name of the Senator from New York By Mr. FEINGOLD (for himself, Mr. XVIII of the Social Security Act to re- (Mrs. GILLIBRAND) was added as a co- DURBIN, Mr. KERRY, Mr. WHITEHOUSE, duce the coverage gap in prescription sponsor of S. 476, a bill to amend title Mr. WYDEN, Mr. UDALL of New Mex- drug coverage under part D of such 10, United States Code, to reduce the ico, Mr. MERKLEY, and Mr. KENNEDY): S. 931. A bill to amend title 9 of the United title based on savings to the Medicare minimum distance of travel necessary States Code with respect to arbitration; to program resulting from the negotiation for reimbursement of covered bene- the Committee on the Judiciary. of prescription drug prices. ficiaries of the military health care

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At the request of Mr. WEBB, the S. 717 S. 908 names of the Senator from New Mexico At the request of Mr. KENNEDY, the At the request of Mr. BAYH, the (Mr. UDALL) and the Senator from Iowa names of the Senator from Vermont names of the Senator from Nevada (Mr. (Mr. HARKIN) were added as cosponsors (Mr. SANDERS), the Senator from New ENSIGN), the Senator from Kentucky of S. 491, a bill to amend the Internal Jersey (Mr. MENENDEZ) and the Sen- (Mr. BUNNING), the Senator from Ari- Revenue Code of 1986 to allow Federal ator from Oregon (Mr. MERKLEY) were zona (Mr. MCCAIN), the Senator from civilian and military retirees to pay added as cosponsors of S. 717, a bill to Florida (Mr. MARTINEZ) and the Sen- health insurance premiums on a pretax modernize cancer research, increase ac- ator from New York (Mrs. GILLIBRAND) basis and to allow a deduction for cess to preventative cancer services, were added as cosponsors of S. 908, a TRICARE supplemental premiums. provide cancer treatment and survivor- bill to amend the Iran Sanctions Act of S. 534 ship initiatives, and for other purposes. 1996 to enhance United States diplo- matic efforts with respect to Iran by At the request of Mr. NELSON of Flor- S. 729 expanding economic sanctions against ida, the name of the Senator from Ohio At the request of Mr. DURBIN, the Iran. (Mr. BROWN) was added as a cosponsor name of the Senator from Colorado S. 909 of S. 534, a bill to amend title XVIII of (Mr. UDALL) was added as a cosponsor At the request of Mr. KENNEDY, the the Social Security Act to reduce cost- of S. 729, a bill to amend the Illegal Im- name of the Senator from California sharing under part D of such title for migration Reform and Immigrant Re- (Mrs. BOXER) was added as a cosponsor certain non-institutionalized full-ben- sponsibility Act of 1996 to permit of S. 909, a bill to provide Federal as- efit dual eligible individuals. States to determine State residency for sistance to States, local jurisdictions, S. 535 higher education purposes and to au- and Indian tribes to prosecute hate At the request of Mr. NELSON of Flor- thorize the cancellation of removal and crimes, and for other purposes. ida, the name of the Senator from Mis- adjustment of status of certain alien sissippi (Mr. COCHRAN) was added as a students who are long-term United S. CON. RES. 11 cosponsor of S. 535, a bill to amend States residents and who entered the At the request of Ms. COLLINS, the title 10, United States Code, to repeal United States as children, and for name of the Senator from Arizona (Mr. requirement for reduction of survivor other purposes. MCCAIN) was added as a cosponsor of S. annuities under the Survivor Benefit Con. Res. 11, a concurrent resolution S. 731 Plan by veterans’ dependency and in- condemning all forms of anti-Semitism At the request of Mr. NELSON of Ne- demnity compensation, and for other and reaffirming the support of Con- braska, the name of the Senator from purposes. gress for the mandate of the Special Louisiana (Ms. LANDRIEU) was added as S. 590 Envoy to Monitor and Combat Anti- a cosponsor of S. 731, a bill to amend Semitism, and for other purposes. At the request of Ms. SNOWE, the title 10, United States Code, to provide name of the Senator from Mississippi for continuity of TRICARE Standard f (Mr. COCHRAN) was added as a cospon- coverage for certain members of the STATEMENTS ON INTRODUCED sor of S. 590, a bill to assist local com- Retired Reserve. BILLS AND JOINT RESOLUTIONS munities with closed and active mili- tary bases, and for other purposes. S. 753 By Ms. MURKOWSKI: At the request of Mr. SCHUMER, the S. 922. A bill to amend the Internal S. 592 name of the Senator from New York Revenue Code of 1986 to modify the At the request of Ms. CANTWELL, the term ‘‘5-year property’’; to the Com- name of the Senator from Vermont (Mrs. GILLIBRAND) was added as a co- sponsor of S. 753, a bill to prohibit the mittee on Finance. (Mr. SANDERS) was added as a cospon- manufacture, sale, or distribution in Ms. MURKOWSKI. Mr. President, I sor of S. 592, a bill to implement the rise today to introduce two pieces of recommendations of the Federal Com- commerce of children’s food and bev- erage containers composed of bisphenol legislation S. 922 and S. 923, that I hope munications Commission report to the will be the next major step that this Congress regarding low-power FM serv- A, and for other purposes. S. 765 Congress takes to help an exciting ice. form of renewable energy to become S. 636 At the request of Mr. NELSON of Ne- braska, the name of the Senator from more established as a viable energy At the request of Mr. THUNE, the technology. I am referring to helping Missouri (Mr. BOND) was added as a co- name of the Senator from Alabama the expansion of the ocean (Mr. SESSIONS) was added as a cospon- sponsor of S. 765, a bill to amend the Internal Revenue Code of 1986 to allow hydrokinetic energy industry. sor of S. 636, a bill to amend the Clean Today I am introducing the Marine the Secretary of the Treasury to not Air Act to conform the definition of re- Renewable Energy Promotion Act of impose a penalty for failure to disclose newable biomass to the definition 2009 and a companion tax provision. reportable transactions when there is given the term in the Farm Security They are companion measures to one reasonable cause for such failure, to and Rural Investment Act of 2002. that has been introduced in the House modify such penalty, and for other pur- S. 655 of Representatives by Rep. JAY INSLEE poses. At the request of Mr. JOHNSON, the of Washington. name of the Senator from Minnesota S. 816 For a number of years this Nation (Ms. KLOBUCHAR) was added as a co- At the request of Mr. CRAPO, the has been providing help with research sponsor of S. 655, a bill to amend the names of the Senator from Kansas (Mr. and other assistance to promote the de- Pittman-Robertson Wildlife Restora- ROBERTS) and the Senator from South velopment of energy from our oceans tion Act to ensure adequate funding for Dakota (Mr. THUNE) were added as co- and rivers, using the tides, currents, conservation and restoration of wild- sponsors of S. 816, a bill to preserve the waves and even the thermal properties life, and for other purposes. rights granted under second amend- of our oceans to generate electricity. S. 696 ment to the Constitution in national With 70 percent of our planet covered At the request of Mr. CARDIN, the parks and national wildlife refuge with water, and the energy that the name of the Senator from Vermont areas. sun produces—each day oceans absorb (Mr. SANDERS) was added as a cospon- S. 832 the energy equivalent of 250 billion bar- sor of S. 696, a bill to amend the Fed- At the request of Mr. NELSON of Flor- rels of oil—and the energy that winds eral Water Pollution Control Act to in- ida, the names of the Senator from produce and impart to that water, ma- clude a definition of fill material. Utah (Mr. BENNETT) and the Senator rine hydrokinetic energy has the po- S. 714 from Virginia (Mr. WEBB) were added tential to be a major source of the At the request of Mr. WEBB, the name as cosponsors of S. 832, a bill to amend world’s clean, non-carbon emitting of the Senator from Alaska (Mr. title 36, United States Code, to grant a power in the future.

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.032 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4893 The Electric Power Research Insti- spective renewable energy technologies ciency in government agencies. This tute has estimated that ocean re- that can help reduce U.S. and global process has led to the elimination of sources in the U.S. could generate 252 carbon emissions and reduce our de- dozens of agencies that have outlived million megawatt hours of elec- pendence on fossil fuels for energy pro- their usefulness and has saved Texas tricity—6.5 percent of America’s entire duction. taxpayers hundreds of millions of dol- electricity generation—if ocean energy The technology this bill could foster lars. gained the same financial and research could be of immense benefit to coastal The job of the Commission is to ask incentives currently enjoyed by other regions and the U.S. power grid overall. the fundamental question: ‘‘Is an agen- forms of renewable energy. In my home State of Alaska, for exam- cy or program still needed?’’ In 2005 in the Energy Policy Act we ple, there are nearly 150 communities The Commission has two major re- started the process of leveling the play- located along the State’s 34,000 miles of sponsibilities. First, the Commission ing field. Besides authorizing a greater coastline plus dozens more on the must submit a legislative proposal to Federal research preference, we grant- major river systems, which may ben- Congress at least once every 10 years ed ocean energy the federal purchase efit from the economies that gaining that includes a review schedule of at requirement and the federal production power from the free fuels of nature’s least 25 percent of unauthorized Fed- incentive. In 2007’s Energy Independ- currents and waves provides. In a State eral programs and at least 25 percent of ence and Security Act, we furthered where rural electricity is currently ineffective federal programs or where energy research and authorized the averaging 65 cents per kilowatt hour effectiveness cannot be shown by the funding of research and ocean energy when generated from diesel fuels— Office of Management and Budget’s, demonstration centers. In 2008, ocean ocean energy offers the potential to OMB, Performance Assessment Rating energy finally was qualified to receive sharply reduce all costs and vastly im- Tool, PART. The Commission’s sched- a renewable energy Production Tax prove the local economy and thus the ule will abolish each program if Con- Credit—unfortunately at a lower rate economy of the entire Nation. gress fails to either reauthorize the than some other renewables receive. There are a number of difficult chal- program or consider the Commission’s But the PTC establishes the principle lenges ahead to realize the potential of recommendations within 2 years. that ocean energy is a valuable future marine renewable energy from building Second, the Commission must con- technology to meet electricity genera- reliable devices at economical costs. duct a review of each program identi- tion needs. But these bills are another step toward fied in its review schedule and send its Now we are proposing that additional getting on with the task of identifying recommendations for Congressional re- Federal aid be granted to all potential and meeting those challenges. The po- view. Congress will then have 2 years forms of Marine Renewable Energy to tential is well worth the cost. to consider and pass the Commission’s allow the industry’s growth to advance I hope this body will quickly include recommendations or to reauthorize the more rapidly. The bill authorizes the these provisions in comprehensive en- program before it is abolished. Department of Energy to increase its ergy legislation and help this new in- Congress has two bites of the apple research and development effort, work- dustry to advance for the benefit of all when it comes to evaluating federal ing to develop new technologies, reduce Americans. spending. First, when it authorizes a manufacturing and operating costs of program and second when it appro- the devices, improve the reliability and By Mr. CORNYN (for himself, Mr. priates the money for it. Yet, the Con- survivability of marine energy facili- VOINOVICH, Mr. ENSIGN, Mrs. gressional Budget Office, CBO, annu- ties and make sure that such power can HUTCHISON, and Mr. ally finds that Congress spends billions be integrated into the national elec- CHAMBLISS): of taxpayers’ money on agencies and tricity grid. The bill also encourages S. 926. A bill to provide for the con- programs despite the fact that their efforts to allow marine energy to work tinuing review of unauthorized Federal authorization had expired. Many of in conjunction with other forms of en- programs and agencies and to establish these expired programs and agencies— ergy, such as offshore wind, and au- a bipartisan commission for the pur- perhaps most—deserve reauthorization. thorizes more federal aid to assess and pose of improving oversight and elimi- Nonetheless, Congress should aggres- deal with any environmental impacts. nating Government spending; to the sively determine whether these pro- The bill also authorizes establishment Committee on Homeland Security and grams and agencies are working as in- of project standards and provides for Governmental Affairs. tended and the Commission will help incentives to help the industry comply Mr. CORNYN. Mr. President, I rise to serve this purpose. with any standards developed. introduce the United States Authoriza- In addition, the Commission will use Allows for the creation of a Federal tion and Sunset Commission Act of OMB’s PART, which is a tool to assess Marine-Based Energy Device 2009. I am very pleased to be joined by and improve program performance. Verification program, so the Govern- my colleagues and good friends, Sen- PART looks at all factors that affect ment tests and certifies the perform- ators VOINOVICH, CHAMBLISS, ENSIGN and reflect program performance in- ance of new marine technologies to re- and HUTCHISON, who share my commit- cluding program purpose and design, duce market risks for utilities to pur- ment that every dime sent by tax- performance measurement, evaluations chase power from such projects. payers to Washington, DC is spent and strategic planning, program man- Authorizes the Federal Government wisely. agement, and program results. Using to set up an adaptive management pro- The President has said several times PART, OMB has scored over 1,000 gov- gram, and a fund to help pay for the that he intends to go through the Fed- ernment programs and found that 20 regulatory permitting and develop- eral budget line-by-line—ending pro- percent were not performing—they ment of new marine technologies. grams that we do not need and making were found to be ineffective or their ef- A separate bill, likely to be referred the ones we do need work better and fectiveness could not be determined. to the Senate Finance Committee for cost less. It is in this same spirit that The Commission’s work will be guid- consideration, authorizes that marine I introduce this legislation. ed by 10 criteria, including the pro- projects benefit from being able to ac- The United States Authorization and gram’s effectiveness and efficiency, celerate the depreciation of their Sunset Commission Act of 2009 creates achievement of performance goals, and project costs over five years—like some an 8 member bipartisan Commission, whether the program has fulfilled its other renewable energy technologies made up of 4 Senators and 4 Represent- legislative intent. currently can do. That should enhance atives. The Commission will look at Unfortunately Congress has a tend- project economic returns for private the effectiveness and efficiency of all ency to create commissions and then developers. federal programs, but will especially ignore their work and continue on with The legislation in total authorizes up focus on unauthorized and ineffective business as usual. This bill solves this to $250 million a year of Federal fund- programs. The bill is modeled after the problem. It requires Congress to con- ing for research. It is in keeping with sunset process that the State of Texas sider, debate, and vote on the Commis- the goals of the Obama administration instituted in 1977 to identify and elimi- sion’s report under expedited proce- to markedly increase funding for pro- nate waste, duplication, and ineffi- dures.

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.037 S29APPT1 smartinez on PROD1PC64 with SENATE S4894 CONGRESSIONAL RECORD — SENATE April 29, 2009 The United States Authorization and (d) INITIAL APPOINTMENTS.—Not later than without regard to section 3709 of the Revised Sunset Commission Act of 2009 is an 90 days after the date of enactment of this Statutes (41 U.S.C. 5) to enable the Commis- important step to getting our fiscal Act, all initial appointments to the Commis- sion to discharge its duties under this Act. house in order and to making sure that sion shall be made. (3) INFORMATION FROM FEDERAL AGENCIES.— (e) CHAIRPERSON; VICE CHAIRPERSON.— The Commission is authorized to secure di- Congress gets back to the hard work of (1) INITIAL CHAIRPERSON.—An individual oversight to determine if programs ac- rectly from any executive department, bu- shall be designated by the Speaker of the reau, agency, board, commission, office, tually fulfill their stated purpose or House of Representatives from among the independent establishment, or instrumen- yield some unintended or counter- members initially appointed under sub- tality of the Government, information, sug- productive results. Periodic assess- section (b)(2) to serve as chairperson of the gestions, estimates, and statistics for the ments are essential to good Govern- Commission for a period of 2 years. purposes of this section. Each such depart- (2) INITIAL VICE CHAIRPERSON.—An indi- ment and this is what the Commission ment, bureau, agency, board, commission, of- vidual shall be designated by the majority will provide to Congress and to tax- fice, establishment, or instrumentality shall, leader of the Senate from among the individ- payers across the country. For this to the extent authorized by law, furnish such uals initially appointed under subsection information, suggestions, estimates, and sta- reason, I ask that my colleagues join (b)(1) to serve as vice-chairperson of the tistics directly to the Commission, upon re- me in cosponsoring the United States Commission for a period of 2 years. quest made by the chairperson. Authorization and Sunset Commission (3) ALTERNATE APPOINTMENTS OF CHAIRMEN (4) SUPPORT SERVICES.— Act of 2009. AND VICE CHAIRMEN.—Following the termi- Mr. President, I ask unanimous con- nation of the 2-year period described under (A) GOVERNMENT ACCOUNTABILITY OFFICE.— sent that the text of the bill be printed paragraphs (1) and (2), the Speaker and the The Government Accountability Office is au- thorized on a reimbursable basis to provide in the RECORD. majority leader of the Senate shall alternate There being no objection, the text of every 2 years in appointing the chairperson the Commission with administrative serv- ices, funds, facilities, staff, and other sup- the bill was ordered to be printed in and vice-chairperson of the Commission. (f) TERMS OF MEMBERS.— port services for the performance of the func- the RECORD, as follows: (1) MEMBERS OF CONGRESS.—Each member tions of the Commission. S. 926 appointed to the Commission shall serve for (B) GENERAL SERVICES ADMINISTRATION.— Be it enacted by the Senate and House of Rep- a term of 6 years, except that, of the mem- The Administrator of General Services shall resentatives of the United States of America in bers first appointed under paragraphs (1) and provide to the Commission on a reimburs- Congress assembled, (2) of subsection (b), two members shall be able basis such administrative support serv- SECTION 1. SHORT TITLE. appointed to serve a term of 3 years. ices as the Commission may request. This Act may be cited as the ‘‘United (2) TERM LIMIT.—A member of the Commis- (C) AGENCIES.—In addition to the assist- States Authorization and Sunset Commis- sion who serves more than 3 years of a term ance under subparagraphs (A) and (B), de- sion Act of 2009’’. may not be appointed to another term as a partments and agencies of the United States SEC. 2. DEFINITIONS. member. are authorized to provide to the Commission In this Act— (g) INITIAL MEETING.—If, after 90 days after such services, funds, facilities, staff, and (1) the term ‘‘agency’’ means an Executive the date of enactment of this Act, five or other support services as the Commission agency as defined under section 105 of title 5, more members of the Commission have been may determine advisable as may be author- United States Code; appointed— ized by law. (2) the term ‘‘Commission’’ means the (1) members who have been appointed (5) POSTAL SERVICES.—The Commission United States Authorization and Sunset may— may use the United States mails in the same Commission established under section 3; and (A) meet; and manner and under the same conditions as de- (3) the term ‘‘Commission Schedule and (B) select a chairperson from among the partments and agencies of the United States. Review bill’’ means the proposed legislation members (if a chairperson has not been ap- (6) IMMUNITY.—The Commission is an agen- submitted to Congress under section 4(b). pointed) who may serve as chairperson until cy of the United States for purposes of part SEC. 3. ESTABLISHMENT OF COMMISSION. the appointment of a chairperson; and V of title 18, United States Code (relating to (a) ESTABLISHMENT.—There is established (2) the chairperson shall have the author- immunity of witnesses). the United States Authorization and Sunset ity to begin the operations of the Commis- (7) DIRECTOR AND STAFF OF THE COMMIS- Commission. sion, including the hiring of staff. SION.— (b) COMPOSITION.—The Commission shall be (h) MEETING; VACANCIES.—After its initial (A) DIRECTOR.—The chairperson of the composed of eight members (in this Act re- meeting, the Commission shall meet upon Commission may appoint a staff director and ferred to as the ‘‘members’’), as follows: the call of the chairperson or a majority of such other personnel as may be necessary to (1) Four members appointed by the major- its members. Any vacancy in the Commis- enable the Commission to carry out its func- ity leader of the Senate, one of whom may sion shall not affect its powers, but shall be tions, without regard to the provisions of include the majority leader of the Senate, filled in the same manner in which the origi- title 5, United States Code, governing ap- with minority members appointed with the nal appointment was made. pointments in the competitive service and consent of the minority leader of the Senate. (i) POWERS OF THE COMMISSION.— without regard to the provisions of chapter (2) Four members appointed by the Speak- (1) IN GENERAL.— 51 and subchapter III of chapter 53 of that er of the House of Representatives, one of (A) HEARINGS, TESTIMONY, AND EVIDENCE.— title relating to classification and General whom may include the Speaker of the House The Commission may, for the purpose of car- Schedule pay rates, except that no rate of of Representatives, with minority members rying out the provisions of this Act— appointed with the consent of the minority (i) hold such hearings and sit and act at pay fixed under this subsection may exceed leader of the House of Representatives. such times and places, take such testimony, the equivalent of that payable to a person (3) The Director of the Congressional Budg- receive such evidence, administer such occupying a position at level II of the Execu- et Office and the Comptroller of the Govern- oaths; and tive Schedule. Any Federal Government em- ment Accountability Office shall be non-vot- (ii) require, by subpoena or otherwise, the ployee may be detailed to the Commission ing ex officio members of the Commission. attendance and testimony of such witnesses without reimbursement from the Commis- (c) QUALIFICATIONS OF MEMBERS.— and the production of such books, records, sion, and such detailee shall retain the (1) IN GENERAL.— correspondence, memoranda, papers, and rights, status, and privileges of his or her (A) SENATE MEMBERS.—Of the members ap- documents, that the Commission or such regular employment without interruption. pointed under subsection (b)(1), four shall be designated subcommittee or designated (B) PERSONNEL AS FEDERAL EMPLOYEES.— members of the Senate (not more than two member may determine advisable. (i) IN GENERAL.—The executive director of whom may be of the same political party). (B) SUBPOENAS.—Subpoenas issued under and any personnel of the Commission who (B) HOUSE OF REPRESENTATIVE MEMBERS.— subparagraph (A)(ii) may be issued to require are employees shall be employees under sec- Of the members appointed under subsection attendance and testimony of witnesses and tion 2105 of title 5, United States Code, for (b)(2), four shall be members of the House of the production of evidence relating to any purposes of chapters 63, 81, 83, 84, 85, 87, 89, Representatives, not more than two of whom matter under investigation by the Commis- 89A, 89B, and 90 of that title. may be of the same political party. sion. (ii) MEMBERS OF COMMISSION.—Clause (i) (2) CONTINUATION OF MEMBERSHIP.— (C) ENFORCEMENT.—The provisions of sec- shall not be construed to apply to members (A) IN GENERAL.—If a member was ap- tions 102 through 104 of the Revised Statutes of the Commission. pointed to the Commission as a Member of of the United States (2 U.S.C. 192 through (C) PROCUREMENT OF TEMPORARY AND Congress and the member ceases to be a 194) shall apply in the case of any failure of INTERMITTENT SERVICES.—With the approval Member of Congress, that member shall any witness to comply with any subpoena or of the majority of the Commission, the cease to be a member of the Commission. to testify when summoned under authority chairperson of the Commission may procure (B) ACTIONS OF COMMISSION UNAFFECTED.— of this paragraph. temporary and intermittent services under Any action of the Commission shall not be (2) CONTRACTING.—The Commission may section 3109(b) of title 5, United States Code, affected as a result of a member becoming contract with and compensate government at rates for individuals which do not exceed ineligible under subparagraph (A). and private agencies or persons for services the daily equivalent of the annual rate of

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.035 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4895 basic pay prescribed for level V of the Execu- uals, and purchasing products from histori- ate, any appropriate committee of jurisdic- tive Schedule under section 5316 of such cally underutilized businesses. tion in the House of Representatives, the title. (J) The extent to which the program or Committee on the Budget and the Com- (8) COMPENSATION AND TRAVEL EXPENSES.— agency duplicates or conflicts with other mittee on Homeland Security and Govern- (A) COMPENSATION.—Members shall not be Federal agencies, State or local government, mental Affairs of the Senate, and the Com- paid by reason of their service as members. or the private sector and if consolidation or mittee on the Budget and the Committee on (B) TRAVEL EXPENSES.—Each member of streamlining into a single agency or program Homeland Security and Governmental Af- the Commission shall be allowed travel ex- is feasible. fairs of the House of Representatives. penses, including per diem in lieu of subsist- (b) SCHEDULE AND ABOLISHMENT OF AGEN- (B) REPORTING.—Not later than 30 calendar ence, in accordance with sections 5702 and CIES AND PROGRAMS.— days after the introduction of the bill, each 5703(b) of title 5, United States Code. (1) IN GENERAL.—Not later than 18 months committee of Congress to which the bill was (j) AUTHORIZATION OF APPROPRIATIONS.— after the date of the enactment of this Act referred shall report the bill or a committee There are authorized to be appropriated such and at least once every 10 years thereafter, amendment thereto. sums as necessary for the purposes of car- the Commission shall submit to the Congress (C) DISCHARGE OF COMMITTEE.—If a com- rying out the duties of the Commission. a Commission Schedule and Review bill mittee to which is referred a bill has not re- (k) TERMINATION.—The Commission shall that— ported such bill at the end of 30 calendar terminate on December 31, 2039. (A) includes a schedule for review of agen- days after its introduction or at the end of SEC. 4. DUTIES AND RECOMMENDATIONS OF THE cies and programs; and the first day after there has been reported to UNITED STATES AUTHORIZATION (B) abolishes any agency or program 2 the House involved a bill, whichever is ear- AND SUNSET COMMISSION. years after the date the Commission com- lier, such committee shall be deemed to be (a) SCHEDULE AND REVIEW.— pletes its review of the agency or program, discharged from further consideration of (1) IN GENERAL.—Not later than 18 months unless the agency or program is reauthorized such bill, and such bill shall be placed on the after the date of the enactment of this Act by Congress. appropriate calendar of the House involved. and at least once every 10 years thereafter, (b) EXPEDITED PROCEDURE.— the Commission shall submit to Congress a (2) EXPEDITED CONGRESSIONAL CONSIDER- ATION PROCEDURES.—In reviewing the Com- (1) CONSIDERATION.— legislative proposal that includes the sched- (A) IN GENERAL.—Not later than 5 calendar ule of review and abolishment of agencies mission Schedule and Review bill, Congress shall follow the expedited procedures under days after the date on which a committee and programs (in this section referred to as has been discharged from consideration of a the ‘‘Commission Schedule and Review section 6. (c) RECOMMENDATIONS AND LEGISLATIVE bill, the majority leader of the Senate, or the bill’’). PROPOSALS.— majority leader’s designee, or the Speaker of (2) SCHEDULE.—The schedule of the Com- (1) REPORT.—Not later than 2 years after the House of Representatives, or the Speak- mission shall provide a timeline for the Com- the date of enactment of this Act, the Com- er’s designee, shall move to proceed to the mission’s review and proposed abolishment mission shall submit to Congress and the consideration of the committee amendment of— President— to the bill, and if there is no such amend- (A) at least 25 percent of unauthorized (A) a report that reviews and analyzes ac- ment, to the bill. It shall also be in order for agencies or programs as measured in dollars, cording to the criteria established under sub- any member of the Senate or the House of including those identified by the Congres- section (a)(4) for each agency and program to Representatives, respectively, to move to sional Budget Office under section 602(e)(3) of be reviewed in the year in which the report proceed to the consideration of the bill at title 2, United States Code; and is submitted under the schedule submitted to any time after the conclusion of such 5-day (B) if applicable, at least 25 percent of the Congress under subsection (a)(1); period. programs as measured in dollars identified (B) a proposal, if appropriate, to reauthor- (B) MOTION TO PROCEED.—A motion to pro- by the Office of Management and Budget ize, reorganize, consolidate, expand, or trans- ceed to the consideration of a bill is highly through its Program Assessment Rating fer the Federal programs and agencies to be privileged in the House of Representatives Tool program or other similar review pro- reviewed in the year in which the report is and is privileged in the Senate and is not de- gram established by the Office of Manage- submitted under the schedule submitted to batable. The motion is not subject to amend- ment and Budget as ineffective or results not Congress under subsection (a)(1); and ment, to a motion to postpone consideration demonstrated. (C) legislative provisions necessary to im- of the bill, or to a motion to proceed to the (3) REVIEW OF AGENCIES.—In determining plement the Commission’s proposal and rec- consideration of other business. A motion to the schedule for review and abolishment of reconsider the vote by which the motion to ommendations. agencies under paragraph (1), the Commis- proceed is agreed to or not agreed to shall (2) ADDITIONAL REPORTS.—The Commission sion shall provide that any agency that per- not be in order. If the motion to proceed is shall submit to Congress and the President forms similar or related functions be re- agreed to, the Senate or the House of Rep- additional reports as prescribed under para- viewed concurrently. resentatives, as the case may be, shall imme- graph (1) on or before June 30 of every other (4) CRITERIA AND REVIEW.—The Commission diately proceed to consideration of the bill year. shall review each agency and program identi- without intervening motion, order, or other (d) RULE OF CONSTRUCTION.—Nothing in fied under paragraph (1) in accordance with this section shall be construed to limit the business, and the bill shall remain the unfin- the following criteria as applicable: power of the Commission to review any Fed- ished business of the Senate or the House of (A) The effectiveness and the efficiency of eral program or agency. Representatives, as the case may be, until the program or agency. (e) APPROVAL OF REPORTS.—The Commis- disposed of. (B) The achievement of performance goals sion Schedule and Review bill and all other (C) LIMITED DEBATE.—Debate on the bill (as defined under section 1115(g)(4) of title 31, legislative proposals and reports submitted and all amendments thereto and on all de- United States Code). under this section shall require the approval batable motions and appeals in connection (C) The management of the financial and of not less than five members of the Commis- therewith shall be limited to not more than personnel issues of the program or agency. sion. 50 hours, which shall be divided equally be- (D) Whether the program or agency has SEC. 5. EXPEDITED CONSIDERATION OF COMMIS- tween those favoring and those opposing the fulfilled the legislative intent surrounding SION RECOMMENDATIONS. bill. A motion further to limit debate on the its creation, taking into account any change (a) INTRODUCTION AND COMMITTEE CONSID- bill is in order and is not debatable. All time in legislative intent during the existence of ERATION.— used for consideration of the bill, including the program or agency. (1) INTRODUCTION.—If any legislative pro- time used for quorum calls (except quorum (E) Ways the agency or program could be posal with provisions is submitted to Con- calls immediately preceding a vote) and vot- less burdensome but still efficient in pro- gress under section 4(c), a bill with that pro- ing, shall come from the 50 hours of debate. tecting the public. posal and provisions shall be introduced in (D) AMENDMENTS.—No amendment that is (F) Whether reorganization, consolidation, the Senate by the majority leader, and in the not germane to the provisions of the bill abolishment, expansion, or transfer of agen- House of Representatives, by the Speaker. shall be in order in the Senate. In the Sen- cies or programs would better enable the Upon introduction, the bill shall be referred ate, an amendment, any amendment to an Federal Government to accomplish its mis- to the appropriate committees of Congress amendment, or any debatable motion or ap- sions and goals. under paragraph (2). If the bill is not intro- peal is debatable for not to exceed 1 hour to (G) The promptness and effectiveness of an duced in accordance with the preceding sen- be divided equally between those favoring agency in handling complaints and requests tence, then any Member of Congress may in- and those opposing the amendment, motion, made under section 552 of title 5, United troduce that bill in their respective House of or appeal. States Code (commonly referred to as the Congress beginning on the date that is the (E) VOTE ON FINAL PASSAGE.—Immediately Freedom of Information Act). 5th calendar day that such House is in ses- following the conclusion of the debate on the (H) The extent that the agency encourages sion following the date of the submission of bill, and the disposition of any pending and uses public participation when making such proposal with provisions. amendments under subparagraph (D), the rules and decisions. (2) COMMITTEE CONSIDERATION.— vote on final passage of the bill shall occur. (I) The record of the agency in complying (A) REFERRAL.—A bill introduced under (F) OTHER MOTIONS NOT IN ORDER.—A mo- with requirements for equal employment op- paragraph (1) shall be referred to any appro- tion to postpone consideration of the bill, a portunity, the rights and privacy of individ- priate committee of jurisdiction in the Sen- motion to proceed to the consideration of

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other business, or a motion to recommit the (v) LIMITATION ON MOTION TO RECOMMIT.—A majority leader of the Senate, or the major- bill is not in order. A motion to reconsider motion to recommit the conference report is ity leader’s designee, or the Speaker of the the vote by which the bill is agreed to or not not in order. House of Representatives, or the Speaker’s agreed to is not in order. (c) RULES OF THE SENATE AND THE HOUSE OF designee, shall move to proceed to the con- (2) CONSIDERATION BY OTHER HOUSE.—If, be- REPRESENTATIVES.—This section is enacted sideration of the Commission Schedule and fore the passage by one House of the bill that by Congress— Review bill. It shall also be in order for any was introduced in such House, such House re- (1) as an exercise of the rulemaking power member of the Senate or the House of Rep- ceives from the other House a bill as passed of the Senate and the House of Representa- resentatives, respectively, to move to pro- by such other House— tives, respectively, and is deemed to be part ceed to the consideration of the Commission (A) the bill of the other House shall not be of the rules of each House, respectively, but Schedule and Review bill at any time after referred to a committee and may only be applicable only with respect to the procedure the conclusion of such 5-day period. to be followed in that House in the case of a considered for final passage in the House (B) MOTION TO PROCEED.—A motion to pro- that receives it under subparagraph (C); bill, and it supersedes other rules only to the ceed to the consideration of a Commission (B) the procedure in the House in receipt of extent that it is inconsistent with such Schedule and Review bill is highly privileged rules; and the bill of the other House, with respect to in the House of Representatives and is privi- (2) with full recognition of the constitu- the bill that was introduced in the House in leged in the Senate and is not debatable. The tional right of either House to change the receipt of the bill of the other House, shall motion is not subject to amendment, to a rules (so far as they relate to the procedure be the same as if no bill had been received motion to postpone consideration of the from the other House; and of that House) at any time, in the same man- Commission Schedule and Review bill, or to (C) notwithstanding subparagraph (B), the ner, and to the same extent as in the case of a motion to proceed to the consideration of vote on final passage shall be on the bill of any other rule of that House. other business. A motion to reconsider the the other House. SEC. 6. EXPEDITED CONSIDERATION OF COMMIS- SION SCHEDULE AND REVIEW BILL. vote by which the motion to proceed is Upon disposition of a bill that is received by agreed to or not agreed to shall not be in one House from the other House, it shall no (a) INTRODUCTION AND COMMITTEE CONSID- ERATION.— order. If the motion to proceed is agreed to, longer be in order to consider the bill that the Senate or the House of Representatives, was introduced in the receiving House. (1) INTRODUCTION.—The Commission Sched- ule and Review bill submitted under section as the case may be, shall immediately pro- (3) CONSIDERATION IN CONFERENCE.— 4(b) shall be introduced in the Senate by the ceed to consideration of the Commission (A) CONVENING OF CONFERENCE.—Imme- Schedule and Review bill without inter- diately upon final passage of a bill that re- majority leader, or the majority leader’s des- ignee, and in the House of Representatives, vening motion, order, or other business, and sults in a disagreement between the two the Commission Schedule and Review bill Houses of Congress with respect to a bill, by the Speaker, or the Speaker’s designee. Upon such introduction, the Commission shall remain the unfinished business of the conferees shall be appointed and a con- Senate or the House of Representatives, as ference convened. Schedule and Review bill shall be referred to the appropriate committees of Congress the case may be, until disposed of. (B) ACTION ON CONFERENCE REPORTS IN THE under paragraph (2). If the Commission (C) LIMITED DEBATE.—Debate on the Com- SENATE.— Schedule and Review bill is not introduced in mission Schedule and Review bill and on all (i) MOTION TO PROCEED.—The motion to debatable motions and appeals in connection proceed to consideration in the Senate of the accordance with the preceding sentence, therewith shall be limited to not more than conference report on a bill may be made even then any member of Congress may introduce 10 hours, which shall be divided equally be- though a previous motion to the same effect the Commission Schedule and Review bill in tween those favoring and those opposing the has been disagreed to. their respective House of Congress beginning on the date that is the 5th calendar day that Commission Schedule and Review bill. A mo- (ii) DEBATE.—Consideration in the Senate tion further to limit debate on the Commis- of the conference report (including a mes- such House is in session following the date of sion Schedule and Review bill is in order and sage between Houses) on a bill, and all the submission of such aggregate legislative is not debatable. All time used for consider- amendments in disagreement, including all language provisions. ation of the Commission Schedule and Re- amendments thereto, and debatable motions (2) COMMITTEE CONSIDERATION.— and appeals in connection therewith, shall be (A) REFERRAL.—A Commission Schedule view bill, including time used for quorum limited to 20 hours, equally divided and con- and Review bill introduced under paragraph calls (except quorum calls immediately pre- trolled by the majority leader and the mi- (1) shall be referred to any appropriate com- ceding a vote) and voting, shall come from nority leader or their designees. Debate on mittee of jurisdiction in the Senate, any ap- the 10 hours of debate. any debatable motion or appeal related to propriate committee of jurisdiction in the (D) AMENDMENTS.—No amendment to the the conference report (or a message between House of Representatives, the Committee on Commission Schedule and Review bill shall Houses) shall be limited to 1 hour, to be the Budget and the Committee on Homeland be in order in the Senate and the House of equally divided between, and controlled by, Security and Governmental Affairs of the Representatives. the mover and the manager of the conference Senate and the Committee on the Budget (E) VOTE ON FINAL PASSAGE.—Immediately report (or a message between Houses). and the Committee on Oversight and Govern- following the conclusion of the debate on the (iii) CONFERENCE REPORT DEFEATED.— ment Reform of the House of Representa- Commission Schedule and Review bill, the Should the conference report be defeated, de- tives. A committee to which a Commission vote on final passage of the Commission bate on any request for a new conference and Schedule and Review bill is referred under Schedule and Review bill shall occur. the appointment of conferrees shall be lim- this paragraph may review and comment on (F) OTHER MOTIONS NOT IN ORDER.—A mo- ited to 1 hour, to be equally divided between, such bill, may report such bill to the respec- tion to postpone consideration of the Com- and controlled by, the manager of the con- tive House, and may not amend such bill. mission Schedule and Review bill, a motion ference report and the minority leader or the (B) REPORTING.—Not later than 30 calendar to proceed to the consideration of other busi- minority leader’s designee, and should any days after the introduction of the Commis- ness, or a motion to recommit the Commis- motion be made to instruct the conferees be- sion Schedule and Review bill, each Com- sion Schedule and Review bill is not in order. fore the conferees are named, debate on such mittee of Congress to which the Commission A motion to reconsider the vote by which motion shall be limited to 1⁄2 hour, to be Schedule and Review bill was referred shall the Commission Schedule and Review bill is equally divided between, and controlled by, report the bill. agreed to or not agreed to is not in order. the mover and the manager of the conference (C) DISCHARGE OF COMMITTEE.—If a com- (2) CONSIDERATION BY OTHER HOUSE.—If, be- report. Debate on any amendment to any mittee to which is referred a Commission fore the passage by one House of the Com- such instructions shall be limited to 20 min- Schedule and Review bill has not reported mission Schedule and Review bill that was utes, to be equally divided between and con- such Commission Schedule and Review bill introduced in such House, such House re- trolled by the mover and the manager of the at the end of 30 calendar days after its intro- ceives from the other House a Commission conference report. In all cases when the man- duction or at the end of the first day after Schedule and Review bill as passed by such ager of the conference report is in favor of there has been reported to the House in- other House— any motion, appeal, or amendment, the time volved a Commission Schedule and Review (A) the Commission Schedule and Review in opposition shall be under the control of bill, whichever is earlier, such committee bill of the other House shall not be referred the minority leader or the minority leader’s shall be deemed to be discharged from fur- to a committee and may only be considered designee. ther consideration of such Commission for final passage in the House that receives (iv) AMENDMENTS IN DISAGREEMENT.—In Schedule and Review bill, and such Commis- it under subparagraph (C); any case in which there are amendments in sion Schedule and Review bill shall be placed (B) the procedure in the House in receipt of disagreement, time on each amendment on the appropriate calendar of the House in- the Commission Schedule and Review bill of shall be limited to 30 minutes, to be equally volved. the other House, with respect to the Com- divided between, and controlled by, the man- (b) EXPEDITED PROCEDURE.— mission Schedule and Review bill that was ager of the conference report and the minor- (1) CONSIDERATION.— introduced in the House in receipt of the ity leader or the minority leader’s designee. (A) IN GENERAL.—Not later than 5 calendar Commission Schedule and Review bill of the No amendment that is not germane to the days after the date on which a committee other House, shall be the same as if no Com- provisions of such amendments shall be re- has been discharged from consideration of a mission Schedule and Review bill had been ceived. Commission Schedule and Review bill, the received from the other House; and

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.045 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4897 (C) notwithstanding subparagraph (B), the umes—compared to higher volume ‘‘(B) has a hybrid-electric drive train or vote on final passage shall be on the Com- products powered by traditional tech- cutting system which is powered by a gener- mission Schedule and Review bill of the nologies. Our bill is designed to help ator or electrical storage device combined other House. Upon disposition of a Commis- partially close this price differential so with a small engine, or sion Schedule and Review bill that is re- ‘‘(C) is powered by alternative power ceived by one House from the other House, it that consumers can afford the very sources and— shall no longer be in order to consider the cleanest products and help advance the ‘‘(i) is regulated by the Environmental Commission Schedule and Review bill that most cutting-edge, new technologies. Protection Agency as a new, spark-ignition was introduced in the receiving House. That is why the bill we are intro- engine under part 1054 of title 40, Code of (c) RULES OF THE SENATE AND THE HOUSE OF ducing today would reduce air pollu- Federal Regulations (or any successor regu- REPRESENTATIVES.—This section is enacted tion even further than the EPA or Cali- lation), and by Congress— fornia standards by providing an imme- ‘‘(ii) is certified by the Environmental Pro- (1) as an exercise of the rulemaking power diate incentive for people to go beyond tection Agency as having an engine family of the Senate and the House of Representa- that emits no more than 50 percent of the tives, respectively, and is deemed to be part the current powered equipment emis- number of grams per kilowatt hour of regu- of the rules of each House, respectively, but sion standards and purchase cleaner, lated pollutants allowable under Phase 3 of applicable only with respect to the procedure alternatively powered or alternative the exhaust emissions standards under sec- to be followed in that House in the case of a fuel engines and equipment that emit tion 103 of part 1054 of title 40, Code of Fed- Commission Schedule and Review bill, and it half of the emission levels called for by eral Regulations (or any successor regula- supersedes other rules only to the extent the EPA and that operate on little or tion), relating to handheld engines, or sec- that it is inconsistent with such rules; and no fossil fuels. In line with past tax tion 105 of such part, relating to (2) with full recognition of the constitu- credits that were successful in advanc- nonhandheld engines, whichever is applica- tional right of either House to change the ble. rules (so far as they relate to the procedure ing new technologies and boosting con- ‘‘(3) ALTERNATIVE POWER SOURCES.—The of that House) at any time, in the same man- sumer demand for environmentally term ‘alternative power sources’ means any ner, and to the same extent as in the case of friendly products like hybrid vehicles alternative fuel as determined by the Sec- any other rule of that House. and energy efficient home appliances, retary, in coordination with the Office of En- our new tax credit would give Ameri- ergy Efficiency and Renewable Energy.’’. By Mr. LEAHY (for himself and cans a powerful incentive to buy clean, (b) CONFORMING AMENDMENTS.— Mr. SANDERS): alternative energy power equipment. (1) Section 24(b)(3)(B) of the Internal Rev- S. 929. A bill to amend the Internal enue Code of 1986 is amended by striking I want to thank the Outdoor Power ‘‘and 25B’’ and inserting ‘‘, 25B, and 25E’’. Revenue Code of 1986 to provide a Fed- Equipment Institute and the National eral income tax credit for the purchase (2) Section 25(e)(1)(C)(ii) of such Code is Audubon Society for their early en- amended by inserting ‘‘25E,’’ after ‘‘25D,’’. of certain nonroad equipment powered dorsements of this bill. As the Senate (3) Section 25B(g)(2) of such Code is amend- by alternative power sources; to the prepares to take a thorough look at ed by striking ‘‘section 23’’ and inserting Committee on Finance. our energy and environmental policies ‘‘sections 23 and 25E’’. Mr. LEAHY. Mr. President, I rise this year, I look forward to working (4) Section 904(i) of such Code is amended today with my good friend from with my colleagues to find new ways to by striking ‘‘and 25B’’ and inserting ‘‘25B, Vermont, Senator SANDERS, to intro- and 25E’’. further reduce the air emissions and (5) Section 1400C(d)(2) of such Code is duce legislation that will help our en- fossil fuel consumption of our Nation’s vironment and our economy by pro- amended by striking ‘‘and 25D’’ and inserting lawn, garden, and forestry equipment. ‘‘25D, and 25E’’. viding a 25 percent tax credit towards Mr. President, I ask unanimous con- (c) CLERICAL AMENDMENT.—The table of the purchase of environmentally sent that the text of the bill be printed sections for subpart A of part IV of sub- friendly lawn, garden, and forestry in the RECORD. chapter A of chapter 1 of the Internal Rev- power equipment. There being no objection, the text of enue Code of 1986 is amended by inserting after the item relating to section 25D the fol- There are an estimated 50 million the bill was ordered to be printed in acres of lawns and managed turf grass lowing new item: the RECORD, as follows: in the U.S. and the small engines used ‘‘Sec. 25E. Credit for certain nonroad equip- S. 929 in power equipment predominantly ment.’’. used today to maintain these lawns Be it enacted by the Senate and House of Rep- (d) EFFECTIVE DATE.—The amendments resentatives of the United States of America in emit a variety of pollutants that can made by this section shall apply to pur- Congress assembled, chases made after the date of the enactment be harmful to people and the environ- SECTION 1. CREDIT FOR CERTAIN NONROAD of this Act. ment. By promoting the use of alter- EQUIPMENT. native fuels, we can reduce the carbon (a) ALLOWANCE OF CREDIT.—Subpart A of By Mr. FEINGOLD (for himself, footprint of lawn and garden equip- part IV of subchapter A of chapter 1 of the Mr. DURBIN, Mr. KERRY, Mr. ment and reduce air and water pollu- Internal Revenue Code of 1986 is amended by WHITEHOUSE, Mr. WYDEN, Mr. tion. inserting after section 25D the following new UDALL of New Mexico, Mr. section: The Environmental Protection Agen- MERKLEY, and Mr. KENNEDY): cy, EPA, recently finalized a new emis- ‘‘SEC. 25E. CREDIT FOR CERTAIN NONROAD S. 931. A bill to amend title 9 of the EQUIPMENT. sion control program to reduce hydro- United States Code with respect to ar- carbon emissions and evaporative ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an individual, there shall be allowed as a bitration; to the Committee on the Ju- emissions from the small, spark-igni- credit against the tax imposed by this chap- diciary. tion engines that are commonly used ter an amount equal to 25 percent of the Mr. FEINGOLD. Mr. President, today in lawn, garden, and forestry equip- qualified nonroad equipment expenses for I will introduce the Arbitration Fair- ment. I applaud the EPA for setting the taxable year. ness Act of 2007. Just as its name sug- these new emissions standards because ‘‘(b) LIMITATION.—The credit allowed under gests, the Arbitration Fairness Act is they eventually will reduce the harm- subsection (a) shall not exceed $1,000. designed to return fairness to the arbi- ful health effects of ozone and carbon ‘‘(c) QUALIFIED NONROAD EQUIPMENT EX- tration system. This bill is not an anti- PENSES.—For purposes of this section— monoxide. I also appreciate the work arbitration bill. If anything, it is pro- ‘‘(1) IN GENERAL.—The term ‘qualified being done in the State of California to nonroad equipment expenses’ means the cost arbitration. I firmly believe that this set the stage for these tougher stand- of any alternative power nonroad equipment bill will strengthen the arbitration sys- ards and to provide State funds for re- the original use of which commences with tem by returning arbitration to a more bates to consumers who purchase the the taxpayer and which is placed in service equitable design that reflects the in- cleanest types of lawn and garden by the taxpayer during the taxable year. tent of the original arbitration legisla- equipment. ‘‘(2) ALTERNATIVE POWER NONROAD EQUIP- tion, the Federal Arbitration Act. We can do more, though, to advance MENT.—The term ‘alternative power nonroad President Calvin Coolidge signed the the use of cleaner, alternative fueled equipment’ means any equipment that is pri- Federal Arbitration Act, FAA, into law marily used for lawn, garden, or forestry equipment. Currently, the cleanest, al- purposes, and that— on February 12, 1925. Congress passed ternative powered equipment typically ‘‘(A) is powered by a motor drawing cur- the FAA to make arbitration an en- costs dramatically more to produce—in rent from solar power, electricity, or re- forceable alternative to the civil part due to their relatively low vol- chargeable or replaceable batteries, courts. Even as early as the 1920’s,

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.045 S29APPT1 smartinez on PROD1PC64 with SENATE S4898 CONGRESSIONAL RECORD — SENATE April 29, 2009 there were concerns about the effi- dividuals who have a claim that re- tive statutes specifically intended by ciency of the civil court system and a quires resolution. In addition, arbitra- Congress to protect workers. There- desire to allow a speedier alternative. tion generally lacks discovery pro- fore, the bill provides that it generally The intent of the FAA, as expressed in ceedings and other civil due process does not apply to arbitration provi- a 1923 hearing before a Subcommittee protections. sions contained in collective bar- of the Senate Judiciary Committee, Furthermore, there is no meaningful gaining agreements, except that such was ‘‘to enable business men to settle judicial review of arbitrators’ deci- provisions may not waive employees’ their disputes expeditiously and eco- sions. Under mandatory, binding arbi- rights to take constitutional or statu- nomically.’’ In a later hearing on the tration, even if a party believes that tory claims to court. FAA, it was clarified that the legisla- the arbitrator did not consider all the In our system of Government, Con- tion was not intended to apply to the facts or follow the law, the party can- gress and state legislatures pass laws employment contracts of those busi- not file a suit in court. The only basis and the courts are available to citizens nesses. This distinction is important for challenging a binding arbitration to make sure those laws are enforced. because it illustrates that, while arbi- decision is fairly narrow: if there is But the rule of law means little if the tration was something that the FAA’s reason to believe that the arbitrator only forum available to those who be- original sponsors wanted to promote, committed actual fraud, or was biased, lieve they have been wronged is an al- they were also careful to make clear corrupt, or guilty of misconduct, or ex- ternative, unaccountable system where that they didn’t intend for arbitration ceeded his or her powers. Because man- the law passed by the legislature does to become a weapon to be wielded by datory, binding arbitration is so con- not necessarily apply. This legislation the powerful against those with less fi- clusive, it is a credible means of dis- both protects Americans from exploi- nancial and negotiating power. pute resolution only when all parties tation and strengthens a valuable al- ternative method of dispute resolution. Since the FAA’s enactment, the use understand the full ramifications of These are both worthy ends, and I hope of arbitration has grown exponentially. agreeing to it. Arbitration certainly has advantages. Unfortunately, in a variety of con- that my colleagues in the Senate will It can be a fair and efficient way to set- texts—employment agreements, credit join me in working to pass this impor- tant bill. tle disputes. I strongly support vol- card agreements, HMO contracts, secu- Mr. President, I ask unanimous con- untary, alternative dispute resolution rities broker contracts, and other con- sent that the text of the bill be printed methods, and I believe we ought to en- sumer and franchise agreements—man- in the RECORD. courage their use. But I also believe datory arbitration is fast becoming the There being no objection, the text of that arbitration is a fair way to settle rule, rather than the exception. The the bill was ordered to be printed in disputes between consumers and lend- practice of forcing employees to use ar- the RECORD, as follows: ers only when it is entered into know- bitration has been on the rise since the S. 931 ingly and voluntarily by both parties Supreme Court’s Circuit City decision Be it enacted by the Senate and House of Rep- to the dispute after the dispute has in 2001. Unless Congress acts, the pro- resentatives of the United States of America in arisen. Otherwise arbitration can be tections it has provided through law Congress assembled, used as a weapon by the stronger party for American workers, investors, and SECTION 1. SHORT TITLE. against the weaker party. consumers, will slowly become irrele- This Act may be cited as the ‘‘Arbitration One of the most fundamental prin- vant. Fairness Act of 2009’’. ciples of our justice system is the con- The Arbitration Fairness Act of 2009, SEC. 2. FINDINGS. stitutional right to take a dispute to which I am happy to say has already The Congress finds the following: court. Indeed, all Americans have the been introduced in the House by Rep. (1) The Federal Arbitration Act (now en- acted as chapter 1 of title 9 of the United right in civil and criminal cases to a HANK JOHNSON, reinstates the FAA’s States Code) was intended to apply to dis- trial by jury. The right to a jury trial original intent by requiring that agree- putes between commercial entities of gen- in civil cases in Federal court is con- ments to arbitrate employment, con- erally similar sophistication and bargaining tained in the Seventh Amendment to sumer, franchise, or civil rights dis- power. the Constitution. Many States provide putes be made after the dispute has (2) A series of United States Supreme a similar right to a jury trial in civil arisen. The bill does not prohibit arbi- Court decisions have changed the meaning of matters filed in state court. tration. What it does do is prevent a the Act so that it now extends to disputes I have been concerned for many years between parties of greatly disparate eco- party with greater bargaining power nomic power, such as consumer disputes and that mandatory arbitration clauses are from forcing individuals into arbitra- employment disputes. As a result, a large slowly eroding the legal protections tion through a contractual provision. and rapidly growing number of corporations that should be available to all Ameri- It will ensure that citizens once again are forcing millions of consumers and em- cans. A large and growing number of have a true choice between arbitration ployees to give up their right to have dis- corporations now require millions of and the traditional civil court system. putes resolved by a judge or jury, and in- consumers and employees to sign con- I should note that the bill includes stead submit their claims to binding arbitra- tracts that include mandatory arbitra- two notable changes from versions that tion. tion clauses. Most of these individuals have been introduced in previous Con- (3) Most consumers and employees have lit- tle or no meaningful option whether to sub- have little or no meaningful oppor- gresses. First, the bill creates a new mit their claims to arbitration. Few people tunity to negotiate the terms of their Chapter 4 of Title 9, separating the new realize or understand the importance of the contracts and so find themselves hav- provisions concerning arbitration of deliberately fine print that strips them of ing to choose either to accept a manda- consumer, employment, franchise, and rights, and because entire industries are tory arbitration clause or to forgo se- civil rights disputes from the Federal adopting these clauses, people increasingly curing employment or needed goods Arbitration Act. This should give some have no choice but to accept them. They and services. Incredibly, mandatory ar- comfort to those who are concerned must often give up their rights as a condi- bitration clauses have been used to pre- that the bill might have an unintended tion of having a job, getting necessary med- ical care, buying a car, opening a bank ac- vent individuals from trying to vindi- effect on business to business arbitra- count, getting a credit card, and the like. cate their civil rights under statutes tion. Often times, they are not even aware that specifically passed by Congress to pro- Second, the bill reverses the Supreme they have given up their rights. tect them. Court’s April 2009 decision in 14 Park (4) Private arbitration companies are There is a range of ways in which Plaza v. Pyett. In that case, the Court sometimes under great pressure to devise mandatory arbitration can be particu- held that arbitration provisions in- systems that favor the corporate repeat larly hostile to individuals attempting cluded in collective bargaining agree- players who decide whether those companies to assert their rights. For example, the ments can have the effect of preventing will receive their lucrative business. administrative fees—both to gain ac- employees from pursuing employment (5) Mandatory arbitration undermines the development of public law for civil rights cess to the arbitration forum and to discrimination claims in court. Unions and consumer rights because there is no pay for the ongoing services of the ar- have never believed this was the case. meaningful judicial review of arbitrators’ de- bitrator or arbitrators—can be so high The decision once again expands the cisions. With the knowledge that their rul- as to act as a de facto bar for many in- reach of arbitration, making less effec- ings will not be seriously examined by a

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.046 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4899 court applying current law, arbitrators enjoy trademark, service mark, trade name, logo- SEC. 4. EFFECTIVE DATE. near complete freedom to ignore the law and type, advertising, or other commercial sym- This Act, and the amendments made by even their own rules. bol designating the franchisor or its affil- this Act, shall take effect on the date of en- (6) Mandatory arbitration is a poor system iate; and actment of this Act and shall apply with re- for protecting civil rights and consumer ‘‘(C) the franchisee is required to pay, di- spect to any dispute or claim that arises on rights because it is not transparent. While rectly or indirectly, a franchise fee; and or after such date. the American civil justice system features ‘‘(5) the term ‘predispute arbitration agree- f publicly accountable decision makers who ment’ means any agreement to arbitrate a generally issue public, written decisions, ar- dispute that had not yet arisen at the time SUBMITTED RESOLUTIONS bitration often offers none of these features. of the making of the agreement. (7) Many corporations add to arbitration ‘‘§ 402. Validity and enforceability clauses unfair provisions that deliberately SENATE RESOLUTION 117—COM- tilt the systems against individuals, includ- ‘‘(a) IN GENERAL.—Notwithstanding any MEMORATING THE 80TH ANNI- ing provisions that strip individuals of sub- other provision of this title, no predispute VERSARY OF THE DAUGHTERS stantive statutory rights, ban class actions, arbitration agreement shall be valid or en- OF PENELOPE, A PREEMINENT and force people to arbitrate their claims forceable if it requires arbitration of an em- INTERNATIONAL WOMEN’S ASSO- hundreds of miles from their homes. While ployment, consumer, franchise, or civil rights dispute. CIATION AND AFFILIATE ORGA- some courts have been protective of individ- NIZATION OF THE AMERICAN ‘‘(b) APPLICABILITY.— uals, too many courts have erroneously HELLENIC EDUCATIONAL PRO- upheld even egregiously unfair mandatory ‘‘(1) IN GENERAL.—An issue as to whether arbitration clauses in deference to a sup- this chapter applies to an arbitration agree- GRESSIVE ASSOCIATION (AHEPA) posed Federal policy favoring arbitration ment shall be determined under Federal law. Ms. SNOWE (for herself and Mr. over the constitutional rights of individuals. The applicability of this chapter to an agree- MENENDEZ) submitted the following ment to arbitrate and the validity and en- SEC. 3. ARBITRATION OF EMPLOYMENT, CON- resolution; which was referred to the SUMER, FRANCHISE, AND CIVIL forceability of an agreement to which this Committee on the Judiciary: RIGHTS DISPUTES. chapter applies shall be determined by the S. RES. 117 (a) IN GENERAL.—Title 9 of the United court, rather than the arbitrator, irrespec- States Code is amended by adding at the end tive of whether the party resisting arbitra- Whereas the Daughters of Penelope is a the following: tion challenges the arbitration agreement leading international organization of women ‘‘CHAPTER 4—ARBITRATION OF EMPLOY- specifically or in conjunction with other of Hellenic descent and Philhellenes, founded MENT, CONSUMER, FRANCHISE, AND terms of the contract containing such agree- November 16, 1929, in San Francisco, Cali- CIVIL RIGHTS DISPUTES ment. fornia, to improve the status and well-being of women and their families and to provide ‘‘Sec. ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— women the opportunity to make significant ‘‘401. Definitions. Nothing in this chapter shall apply to any ‘‘402. Validity and enforceability. arbitration provision in a contract between contributions to their community and coun- try; ‘‘§ 401. Definitions an employer and a labor organization or be- tween labor organizations, except that no Whereas the mission of the Daughters of ‘‘In this chapter— such arbitration provision shall have the ef- Penelope is to promote the ideals of ancient ‘‘(1) the term ‘civil rights dispute’ means a fect of waiving the right of an employee to Greece, philanthropy, education, civic re- dispute— seek judicial enforcement of a right arising sponsibility, good citizenship, and family ‘‘(A) arising under— under a provision of the Constitution of the and individual excellence, through commu- ‘‘(i) the Constitution of the United States United States, a State constitution, or a nity service and volunteerism; or the constitution of a State; or Federal or State statute, or public policy Whereas the chapters of the Daughters of ‘‘(ii) a Federal or State statute that pro- arising therefrom.’’. Penelope sponsor affordable and dignified hibits discrimination on the basis of race, housing to the Nation’s senior citizen popu- (b) TECHNICAL AND CONFORMING AMEND- sex, disability, religion, national origin, or lation by participating in the Department of MENTS.— any invidious basis in education, employ- Housing and Urban Development’s section (1) IN GENERAL.—Title 9 of the United ment, credit, housing, public accommoda- States Code is amended— 202 housing program (12 U.S.C. 1701q); tions and facilities, voting, or program fund- (A) in section 1, by striking ‘‘of seamen,’’ Whereas Penelope House, a domestic vio- ed or conducted by the Federal Government and all that follows through ‘‘interstate lence shelter for women and their children or State government, including any statute sponsored by the Daughters of Penelope, is commerce’’; enforced by the Civil Rights Division of the the first of its kind in the State of Alabama (B) in section 2, by inserting ‘‘or as other- Department of Justice and any statute enu- and is recognized as a model shelter for oth- wise provided in chapter 4’’ before the period merated in section 62(e) of the Internal Rev- ers to emulate throughout the United at the end; enue Code of 1986 (relating to unlawful dis- States; (C) in section 208— crimination); and Whereas the Daughters of Penelope Foun- (i) in the section heading, by striking ‘‘(B) in which at least 1 party alleging a dation, Inc. supports the educational objec- ‘‘ ’’ and insert- violation of the Constitution of the United Chapter 1; residual application tives of the Daughters of Penelope by pro- ing ‘‘ ’’; and States, a State constitution, or a statute Application viding tens of thousands of dollars annually (ii) by adding at the end the following: prohibiting discrimination is an individual; for scholarships, sponsoring educational ‘‘This chapter applies to the extent that this ‘‘(2) the term ‘consumer dispute’ means a seminars, and donating children’s books to chapter is not in conflict with chapter 4.’’; dispute between a person other than an orga- libraries, schools, shelters, and churches and nization who seeks or acquires real or per- through the ‘‘Open Books’’ program; (D) in section 307— sonal property, services (including services Whereas the Daughters of Penelope is the (i) in the section heading, by striking relating to securities and other invest- first ethnic organization to submit oral his- ‘‘ ’’ and insert- ments), money, or credit for personal, fam- Chapter 1; residual application tory tapes to the Library of Congress, pro- ing ‘‘ ’’; and ily, or household purposes and the seller or Application viding an oral history of first generation (ii) by adding at the end the following: provider of such property, services, money, Greek-American women in the United ‘‘This chapter applies to the extent that this or credit; States; chapter is not in conflict with chapter 4.’’. ‘‘(3) the term ‘employment dispute’ means Whereas the Daughters of Penelope pro- (2) TABLE OF SECTIONS.— a dispute between an employer and employee motes awareness of cancer research, such as (A) CHAPTER 2.—The table of sections for arising out of the relationship of employer thalassemia (Cooley’s anemia), chapter 2 of title 9, United States Code, is and employee as defined in section 3 of the lymphangioleiomyomatosis (LAM), Alz- amended by striking the item relating to Fair Labor Standards Act of 1938 (29 U.S.C. heimer’s disease, muscular dystrophy, and section 208 and inserting the following: 203); others; ‘‘(4) the term ‘franchise dispute’ means a ‘‘208. Application.’’. Whereas the Daughters of Penelope pro- dispute between a franchisee with a principal (B) CHAPTER 3.—The table of sections for vides financial support for many medical re- place of business in the United States and a chapter 3 of title 9, United States Code, is search and charitable organizations such as franchisor arising out of or relating to con- amended by striking the item relating to the University of Miami Sylvester Com- tract or agreement by which— section 307 and inserting the following: prehensive Cancer Center (formerly the Pa- ‘‘(A) a franchisee is granted the right to ‘‘307. Application.’’. panicolaou Cancer Center), the Alzheimer’s engage in the business of offering, selling, or Foundation of America, the American Heart distributing goods or services under a mar- (3) TABLE OF CHAPTERS.—The table of chap- Association, the Special Olympics, the Bar- keting plan or system prescribed in substan- ters for title 9, United States Code, is amend- bara Bush Foundation for Family Literacy, tial part by a franchisor; ed by adding at the end the following: the Children’s Wish Foundation Inter- ‘‘(B) the operation of the franchisee’s busi- ‘‘4. Arbitration of employment, con- national, the United Nations Children’s Fund ness pursuant to such plan or system is sub- sumer, franchise, and civil rights (UNICEF), Habitat for Humanity, St. Basil stantially associated with the franchisor’s disputes ...... 401’’. Academy, and others; and

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.043 S29APPT1 smartinez on PROD1PC64 with SENATE S4900 CONGRESSIONAL RECORD — SENATE April 29, 2009 Whereas the Daughters of Penelope pro- guished past, and wishing them every sional Research Service, determines nec- vides support and financial assistance to vic- success in the future. essary to ensure that the information is ac- tims and communities affected by natural curate and current. f disasters such as hurricanes, earthquakes, (c) MANNER.—The Sergeant-at-Arms of the and forest fires: Now, therefore, be it SENATE RESOLUTION 118—TO PRO- Senate, in consultation with the Director of Resolved, That the Senate— VIDE INTERNET ACCESS TO CER- the Congressional Research Service, shall (1) recognizes the significant contributions TAIN CONGRESSIONAL RE- make the information required under this of people of Greek ancestry, and of SEARCH SERVICE PUBLICATIONS section available in a manner that is prac- Philhellenes, to the United States; and tical and reasonable. (2) commemorates the 80th anniversary of Mr. LIEBERMAN (for himself, Mr. SEC. 3. METHOD OF ACCESS. the Daughters of Penelope in 2009, applauds MCCAIN, Mr. HARKIN, Ms. COLLINS, Mr. (a) CRS INFORMATION.—Public access to its mission, and commends the many chari- LEAHY, Mr. LUGAR, and Mr. FEINGOLD) Congressional Research Service information table contributions of its members to organi- submitted the following resolution; made available under section 2 shall be pro- zations and communities around the world. which was referred to the Committee vided through the websites maintained by Ms. SNOWE. Mr. President, this year on Rules and Administration: Members and Committees of the Senate. The marks the 80th anniversary of the Sergeant-at-Arms shall ensure that the S. RES. 118 founding of the Daughters of Penelope. websites maintained by Members and Com- Resolved, I rise today to introduce with my col- mittees of the Senate provide the same capa- SECTION 1. PUBLIC AVAILABILITY OF INFORMA- bility to find information made available league, Senator MENENDEZ, a resolu- TION. under section 2 as the Congressional Re- tion honoring their history of selfless The Sergeant-at-Arms of the Senate shall search Service website. service and achievement during these make information available to the public in (b) EDITORIAL RESPONSIBILITY FOR CRS RE- eight historic decades. accordance with the provisions of this reso- PORTS ONLINE.—The Sergeant-at-Arms of the Founded November 16, 1929, in San lution. Senate is responsible for maintaining and Francisco, CA, the Daughters of Penel- SEC. 2. AVAILABILITY OF CERTAIN CONGRES- updating the information made available on ope was established to improve the SIONAL RESEARCH SERVICE INFOR- the Internet under section 2. well-being of women and provide them MATION. SEC. 4. IMPLEMENTATION. (a) AVAILABILITY OF INFORMATION.— with the opportunity to make signifi- The Sergeant-at-Arms of the Senate shall (1) IN GENERAL.—The Sergeant-at-Arms of cant contributions to American soci- establish the database described in section the Senate, in consultation with the Direc- 2(a) within 6 months after the date of adop- ety. Today its mission is to promote tor of the Congressional Research Service, tion of this resolution. the ideals of ancient Greece—edu- shall make available through a centralized cation, philanthropy, civic responsi- electronic system, for purposes of access and f bility, family, and individual excel- retrieval by the public under section 3 of this SENATE RESOLUTION 119—COM- lence through community service and resolution— MENDING THE UNIVERSITY OF volunteerism. (A) all information described in paragraph GEORGIA GYMNASTICS TEAM An affiliate organization of the (2) that is available through the Congres- FOR WINNING THE 2009 NCAA NA- sional Research Service website; and American Hellenic Educational Pro- (B) an index of all information described in TIONAL CHAMPIONSHIP gressive Association, AHEPA, a leading paragraph (2) that is available through the Mr. ISAKSON (for himself and Mr. association of American citizens of Congressional Research Service website. CHAMBLISS) submitted the following Greek heritage and Philhellenes, the (2) INFORMATION TO BE MADE AVAILABLE.— resolution; which was considered and Daughters of Penelope have worked The information to be made available under agreed to: both within and beyond the Greek- paragraph (1) is the following: S. RES. 119 American community to achieve re- (A) Congressional Research Service Issue markable accomplishments. Over its Briefs. Whereas in 2009, the University of Georgia (B) Congressional Research Service Re- gymnastics team, the ‘‘Gym Dogs’’, won its history, its members have tirelessly ports that are available to Members of Con- 10th National Collegiate Athletic Associa- sought to strengthen the status of gress through the Congressional Research tion (NCAA) women’s gymnastics champion- women in society, shelter the elderly Service website. ship; and the abused, educate our youth, pro- (C) Congressional Research Service Au- Whereas the University of Georgia gym- mote Hellenic heritage, and raise funds thorization of Appropriations Products and nastics program has won 16 Southeastern for medical research. Appropriations Products. Conference (SEC) championships; One project adopted by the Daugh- (b) LIMITATIONS.— Whereas the University of Georgia gym- ters of Penelope is particularly near (1) CONFIDENTIAL INFORMATION.—Sub- nastics program has produced 7 Honda Award section (a) does not apply to— winners, with Courtney Kupets under consid- and dear to my heart—its charitable (A) any information that is confidential, as eration as a finalist for the 2009 award; aid to St. Basil Academy, a Greek Or- determined by— Whereas the 2009 national title is the Gym thodox Archdiocese home for children (i) the Director of the Congressional Re- Dogs’ 5th consecutive national champion- in need, which I attended for several search Service; or ship; years. Beginning in 1954, the Daughters (ii) the head of a Federal department or Whereas the University of Georgia gym- of Penelope have been providing chari- agency that provided the information to the nastics team is the most successful gym- table aid to St. Basil Academy when it Congressional Research Service; or nastics program in the Nation; embarked on a Christmas Seal Cam- (B) any documents that are the product of Whereas the Gym Dogs have made 26 con- an individual, office, or committee research secutive appearances in the NCAA gym- paign to raise funds to build the new request (other than a document described in nastics championships; water works for the Academy. Since subsection (a)(2)). Whereas the 2009 Gym Dogs’s overall then, the Daughters of Penelope con- (2) REDACTION AND REVISION.—In carrying record was an amazing 32-1; tributed to the furnishing of new build- out this section, the Sergeant-at-Arms of the Whereas the 2009 Gym Dogs also achieved ings that have been built on campus, Senate, in consultation with the Director of the highest team GPA at the University of built a heated outdoor swimming pool the Congressional Research Service, may— Georgia, 3.36; for the children, and has provided funds (A) remove from the information required Whereas the gymnastics team’s coach, Su- for ongoing maintenance and renova- to be made available under subsection (a) the zanne Yoculan, will retire as the most suc- name and phone number of, and any other cessful collegiate gymnastics coach in NCAA tions to the Academy for such items as information regarding, an employee of the history; and replacing outdated appliances and Congressional Research Service; Whereas Coach Suzanne Yoculan has, in 19 worn-out roofs. (B) remove from the information required of her 26 years as head coach at the Univer- In matching their own personal to be made available under subsection (a) sity of Georgia, taken her squad to an SEC achievement with the desire to help any material for which the Director of the title, an NCAA title, or both: Now, therefore, others also achieve their goals, the Congressional Research Service, determines be it Daughters of Penelope exemplify the that making that material available under Resolved, That the Senate— very best in American and Hellenic val- subsection (a) may infringe the copyright of (1) commends the University of Georgia a work protected under title 17, United gymnastics team for winning the 2009 NCAA ues. As they embark on another 8 dec- States Code; and women’s national championship; ades of service and accomplishment, I (C) make any changes in the information (2) recognizes that the Gym Dogs have won ask my colleagues to join me in con- required to be made available under sub- more national championships than any other gratulating them on their distin- section (a) that the Director of the Congres- gymnastics program in the Nation; and

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.047 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4901 (3) congratulates Suzanne Yoculan for a of 6 are in nonparental care during part or Because of the limited time available spectacular career as the University of Geor- all of the day while their parents work; for the hearing, witnesses may testify gia’s gymnastics coach. Whereas the early childhood industry em- by invitation only. However, those f ploys more than 2,300,000 workers; wishing to submit written testimony Whereas the average salary of an early SENATE RESOLUTION 120—CON- care and education worker is $18,917 per year; for the hearing record may do so by 1 sending it to the Committee on Energy GRATULATING THE TRINITY Whereas only ⁄3 of early care and edu- COLLEGE BANTAMS FOR THEIR cation workers have health insurance and and Natural Resources, U.S. Senate, 11TH-STRAIGHT COLLEGE even fewer have pension plans; Washington, DC 20510–6150, or by e-mail SQUASH ASSOCIATION MEN’S Whereas the quality of early care and edu- to [email protected]. cation programs is directly linked to the For further information, please con- TEAM CHAMPIONSHIP quality of early childhood educators; tact Sam Fowler at (202) 224–7571 or Mr. LIEBERMAN (for himself and Whereas the turnover rate of early child- Amanda Kelly at (202) 224–6836. hood program staff is roughly 30 percent Mr. DODD) submitted the following res- COMMITTEE ON INDIAN AFFAIRS each year, and low wages and lack of bene- olution; which was considered and Mr. DORGAN. Mr. President, I would agreed to: fits, among other factors, make it difficult to retain high quality educators who have like to announce that the Committee S. RES. 120 the consistent, caring relationships with on Indian Affairs will meet on Thurs- Whereas, on February 23, 2009, the Trinity young children that are important to chil- day, April 30, 2009, at 9:30 a.m., in room College Bantams defeated the Princeton Uni- dren’s development; 628 of the Dirksen Senate Office Build- versity Tigers, 5 games to 4, in the final Whereas the compensation of early child- ing to conduct a business meeting to match of the College Squash Association hood program staff should reflect the impor- consider the following: Men’s Team Championship tournament; tance of the job of helping the young chil- 1. Nomination of Dr. Yvette D. Whereas the Bantams have won 11 national dren of the United States develop their so- Roubideaux to be Director of Indian championships in a row; cial, emotional, physical, and cognitive Health Service, U.S. Department of Whereas the Bantams have won 202 skills and be ready for school; straight matches, the longest winning streak Whereas providing adequate compensation Health and Human Services; in collegiate sports history; to early childhood program staff should be a 2. S. 151, the Indian Arts and Crafts Whereas junior Baset Chaudry, down 5-0 in priority, and resources should be allocated to Amendments Act of 2009; and the final game with the match tied 4-4, ral- improve the compensation of early childhood 3. S. 443, the Hoh Indian Tribe Safe lied to score 9 straight points and clinch the educators to ensure that quality care and Homelands Act. title for the Bantams; education are accessible for all families; Those wishing additional information Whereas seniors Gustav Detter and Manek Whereas additional training and education may contact the Indian Affairs Com- Mathur, junior Baset Chaudry, sophomore for the early childhood workforce is critical mittee at 202–224–2251. Parth Sharma, and freshman Vikram to ensuring high-quality early learning envi- f Malholtra were named to the College Squash ronments; Association All-America First Team, and Whereas early childhood educators should AUTHORITY FOR COMMITTEES TO sophomores Randy Lim and Andre Vargas receive compensation commensurate with MEET were named to the Second Team; their training and experience; and COMMITTEE ON FINANCE Whereas, on March 1, 2009, junior Baset Whereas the Center for the Child Care Chaudry won the College Squash Associa- Workforce, a project of the American Fed- Mr. CONRAD. Mr. President, I ask tion’s Men’s Individual Championship; eration of Teachers Educational Foundation, unanimous consent that the Com- Whereas the diverse roster of the Bantams, the National Association for the Education mittee on Finance be authorized to which includes players from the United of Young Children, and other early childhood meet during the session of the Senate States, India, Jamaica, Pakistan, Sweden, organizations, recognize May 1 as ‘‘National on Wednesday, April 29, 2009, at 10 a.m., Columbia, and Malaysia, highlights the di- Early Educator Worthy Wage Day’’: Now, in room 215 of the Dirksen Senate Of- versity of Trinity College and the commit- therefore, be it fice Building. ment of Trinity College to fostering cultural Resolved by the Senate (the House of Rep- The PRESIDING OFFICER. Without resentatives concurring), That Congress— understanding; objection, it is so ordered. Whereas Coach Paul Assainte has earned (1) supports the goals and ideals of Na- acclaim from his players for his role as tional Early Educator Worthy Wage Day; COMMITTEE ON FOREIGN RELATIONS coach and mentor and for underscoring the and Mr. CONRAD. Mr. President, I ask values of humility and respect for one’s op- (2) urges public officials and the general unanimous consent that the Com- ponents and teammates; and public— mittee on Foreign Relations be author- Whereas each player, coach, and staff (A) to honor early childhood care and edu- ized to meet during the session of the member of the Trinity College Bantams cation staff and programs in their commu- Senate on Wednesday, April 29, 2009, at demonstrates a strong commitment to the nities; and 9:30 a.m. pursuit and achievement of excellence: Now, (B) to work together to resolve the early The PRESIDING OFFICER. Without childhood education staff compensation cri- therefore, be it objection, it is so ordered. Resolved, That the Senate— sis. COMMITTEE ON HEALTH, EDUCATION, LABOR, (1) congratulates the Trinity College Ban- f tams for their historic 11th-straight College AND PENSIONS Squash Association Men’s Team Champion- NOTICES OF HEARINGS Mr. CONRAD. Mr. President, I ask ship; and COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- (2) recognizes the achievements of the RESOURCES mittee on Health, Education, Labor, players, coaches, students, and support staff Mr. BINGAMAN. Mr. President, I and Pensions be authorized to meet who were instrumental in the Bantams’ vic- would like to announce for the infor- during the session of the Senate on tory. mation of the Senate and the public Wednesday, April 29, 2009, at 10 a.m., in f that a hearing has been scheduled be- room 430 of the Dirksen Senate Office SENATE CONCURRENT RESOLU- fore the Senate Committee on Energy Building. The PRESIDING OFFICER. Without TION 21—SUPPORTING THE and Natural Resources. The hearing objection, it is so ordered. GOALS AND IDEALS OF NA- will be held on Tuesday, May 5, 2009, at TIONAL EARLY EDUCATOR WOR- 9:45 a.m., in room SD–366 of the Dirk- COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS THY WAGE DAY sen Senate Office Building. The purpose of the hearing is to con- Mr. CONRAD. Mr. President, I ask Mr. MENENDEZ (for himself, Mr. sider the nomination of Daniel B. unanimous consent that the Com- LAUTENBERG, Mr. DURBIN, Mr. KEN- Poneman, to be Deputy Secretary of mittee on Health, Education, Labor, NEDY, Mrs. BOXER, Mr. FEINGOLD, and Energy, the nomination of David B. and Pensions be authorized to meet, Mr. DODD) submitted the following con- Sandalow, to be an Assistant Secretary during the session of the Senate, to current resolution; which was referred of Energy (International Affairs and conduct a hearing entitled ‘‘The Swine to the Committee on Health, Edu- Domestic Policy), the nomination of Flu Epidemic: The Public Health and cation, Labor, and Pensions: Rhea S. Suh, to be an Assistant Sec- Medical Response’’ on Wednesday, S. CON. RES. 21 retary of the Interior, and the nomina- April 29, 2009. The hearing will com- Whereas approximately 60 percent of the tion of Michael L. Connor, to be Com- mence at 3 p.m. in room 430 of the children in the United States under the age missioner of Reclamation. Dirksen Senate Office Building.

VerDate Nov 24 2008 03:06 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.053 S29APPT1 smartinez on PROD1PC64 with SENATE S4902 CONGRESSIONAL RECORD — SENATE April 29, 2009 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without cannot. But a person who has a home objection, it is so ordered. objection, it is so ordered. in Las Vegas or some other place in Ne- COMMITTEE ON HOMELAND SECURITY AND SPECIAL COMMITTEE ON AGING vada who comes upon hard times, they GOVERNMENTAL AFFAIRS Mr. CONRAD. Mr. President, I ask cannot do a thing with their home. Mr. CONRAD. Mr. President, I ask unanimous consent that the Special They cannot go to bankruptcy court. unanimous consent that the Com- Committee on Aging be authorized to They are stuck with this horrible proc- mittee on Homeland Security and Gov- meet during the session of the Senate ess, we found. ernmental Affairs be authorized to on Wednesday, March 29, 2009 from 2 I do not know how to summarize this meet during the session of the Senate p.m.–4 p.m. in Dirksen 106 for the pur- other than to say that I hope the banks on Wednesday, April 29, 2009, at 10 a.m. pose of conducting a hearing. are proud of themselves. I hope they to conduct a hearing entitled ‘‘Swine The PRESIDING OFFICER. Without are proud of themselves, of what they Flu: Coordinating the Federal Re- objection, it is so ordered. have done—I add in that the financial sponse.’’ f institutions generally—what they have The PRESIDING OFFICER. Without done to our country. And now they are UNANIMOUS CONSENT objection, it is so ordered. standing in the way of our trying to AGREEMENT—S. 896 COMMITTEE ON THE JUDICIARY help a little bit, trying to help people Mr. CONRAD. Mr. President, I ask Mr. REID. Mr. President, I ask unan- who have a home and they cannot get unanimous consent that the Senate imous consent that on Thursday, April any relief. So the banks are going to Committee on the Judiciary be author- 30, following a period of morning busi- wind up with a lot of peoples’ homes ized to meet during the session of the ness, the Senate proceed to the consid- because they are going to foreclosure Senate, to conduct a hearing entitled eration of Calendar No. 52, S. 896, Help- upon them and the people have no al- ‘‘Nominations’’ on Wednesday, April 29, ing Families Saves Their Homes; that ternative. 2009, at 2 p.m., in room SD–226 of the immediately after the bill is reported, On the morning news today, Phoenix, Dirksen Senate Office Building. Senator DURBIN be recognized to offer AZ, the price of the homes in the last The PRESIDING OFFICER. Without an amendment relating to ‘‘cram- year—at least the way I heard it on objection, it is so ordered. down’’—that is, bankruptcy; that there public radio today—the price of homes be 4 hours for debate with respect to COMMITTEE ON VETERANS’ AFFAIRS has dropped 50 percent. A home that the amendment and the time be equal- Mr. CONRAD. Mr. President, I ask was worth $500,000 last year is worth ly divided and controlled between the unanimous consent that the Com- $250,000 now. leaders or their designees; that upon mittee on Veterans’ Affairs be author- Everyone knows that the assistant the use or yielding back of time, the ized to meet during the session of the leader of the Senate is Senator DURBIN. Senate proceed to vote in relation to Senate on Wednesday, April 29, 2009. We work very closely together. And I that amendment; that adoption of the The Committee will meet in room 562 help him whenever I can, as he helps amendment will require an affirmative of the Dirksen Senate Office Building me whenever he can. But I feel badly 60-vote threshold; that if the threshold beginning at 9:30 a.m. for the country. I am happy we got this is achieved, the amendment be agreed The PRESIDING OFFICER. Without agreement. Maybe we will be able to to and the motion to reconsider be laid objection, it is so ordered. get very fortunate and pick up some upon the table; that if the amendment votes. But I am very disappointed in SUBCOMMITTEE ON CRIME AND DRUGS does not achieve that threshold, that it the rope-a-dope that has been used on Mr. CONRAD. Mr. President, I ask will be withdrawn; provided further Senator DURBIN. He has tried every- unanimous consent that the Senate that no amendment be in order to the thing—everything—to try to get this Committee on the Judiciary, Sub- amendment and that no further amend- done. Quite frankly, the amendment he committee on Crime and Drugs, be au- ments on the subject of ‘‘cram-down’’ is going to offer, I wish we would have thorized to meet during the session of be in order during the pendency of S. one a little stronger than that. the Senate, to conduct a hearing enti- 896; further, that upon disposition of But I hope that there will be a tled ‘‘Restoring Fairness to Federal the Durbin amendment, Senator DODD night’s rest and people will come in Sentencing: Addressing the Crack-Pow- be recognized to offer a Dodd-Shelby and say: I guess DURBIN is right. Let’s der Disparity’’ on Wednesday, April 29, substitute amendment. do this. But I want the record spread 2009, at 10 a.m., in room SD–226 of the The PRESIDING OFFICER (Mr. with the fact that the people of the Dirksen Senate Office Building. BEGICH). Without objection, it is so or- State of Illinois are very fortunate to The PRESIDING OFFICER. Without dered. have someone of his caliber, his integ- objection, it is so ordered. Mr. REID. Mr. President, before we rity, working to help them and in the SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT move on, there are times in the legisla- process help our country. MANAGEMENT, THE FEDERAL WORKFORCE, tive process that you see someone who I ask unanimous consent that on AND THE DISTRICT OF COLUMBIA has invested a great deal of their per- Thursday, April 30, upon disposition— Mr. CONRAD. Mr. President, I ask sonal time and passion on an issue. I Mr. President, I suggest the absence of unanimous consent that the Com- came to Congress at the same time a quorum. mittee on Homeland Security and Gov- that Senator DURBIN of Illinois came. The PRESIDING OFFICER. The ernmental Affairs’ Subcommittee on He is a man, we all know, who is very clerk will call the roll. Oversight of Government Management, articulate. He is a person who can ex- The assistant legislative clerk pro- the Federal Workforce, and the Dis- press himself very well. He is a person ceeded to call the roll. trict of Columbia be authorized to who believes in the legislative process. Mr. REID. Mr. President, I ask unan- meet during the session of the Senate He understands that legislation is the imous consent that the order for the on Wednesday, April 29, 2009, at 2:30 art of compromise. But that can be car- quorum call be rescinded. p.m. to conduct a hearing entitled, ried a little too far. The PRESIDING OFFICER. Without ‘‘The Federal Government’s Role in Senator DURBIN has done everything objection, it is so ordered. Empowering Americans to Make In- within his power to get an issue that he f formed Financial Decisions.’’ believes in very strongly. I agree with The PRESIDING OFFICER. Without him. It is unbelievable to me that peo- UNANIMOUS CONSENT AGREE- objection, it is so ordered. ple can have their primary residence in MENT—EXECUTIVE CALENDAR SUBCOMMITTEE ON PERSONNEL Las Vegas and have a beach house in Mr. REID. I ask unanimous consent Mr. CONRAD. Mr. President, I ask Laguna, CA, and a ski chalet in Brian that on Thursday, April 30, upon dis- unanimous consent that the Sub- Head, UT, or some other ski area in position of the Durbin amendment and committee on Personnel of the Com- Utah, and they come upon hard times. after Senator DODD has called up his mittee on Armed Services be author- The resorts they have at the beach and amendment, that has been previously ized to meet during the session of the up in the mountains, they can go to worked out, the Senate proceed to ex- Senate on Wednesday, April 29, 2009, at bankruptcy court and get that read- ecutive session to consider Calendar 2:30 p.m. justed. Their primary residence, they No. 56, the nomination of Thomas

VerDate Nov 24 2008 03:06 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A29AP6.055 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4903 Strickland to be Assistant Secretary IN THE COAST GUARD judgment’’ and praising his ‘‘remark- for Fish and Wildlife; that there be 3 The following named officer for appoint- able ability . . . to work extremely well hours of debate with respect to the ment as Vice Commandment of the United with Members and staff on both sides nomination, with 1 hour under the con- States Coast Guard and to the grade indi- of the aisle and to guide us toward cre- trol of the majority and 2 hours under cated under Title 14, U.S.C., Section 47: ative solutions to seemingly intrac- the control of the Republicans and 30 To be vice admiral table problems.’’ Many of Mr. Weich’s minutes of the Republican time under Vice Adm. David P. Pekoske former Republican colleagues wrote to the control of Senator BUNNING; that The following named officer for appoint- this committee to attest to the fact upon the use or yielding back of time, ment as Chief of Staff of the United States that he is highly regarded among both the Senate proceed to vote on con- Coast Guard and to the grade indicated Republican and Democratic staff, and firmation of the nomination; that the under Title 14, U.S.C., Section 50a: they spoke of his ‘‘respect for opposing confirmation require an affirmative 60- To be vice admiral views’’ and his ‘‘constructive approach vote threshold; that upon achieving Rear Adm. John P. Currier to difficult legal issues.’’ They de- that threshold, the nomination be con- The following named officer for appoint- scribed him as ‘‘honorable and trust- firmed, the motion to reconsider be ment in the United States Coast Guard to worthy.’’ And of course, Mr. Weich is laid on the table, there be no further the grade indicated under title 14, U.S.C., equally well-respected outside of this motions in order, and that the Presi- section 271: chamber. A letter from the Fraternal dent be immediately notified of the To be rear admiral (lower half) Order of Police highlights his ‘‘long Senate’s action and the Senate resume Capt. Robert E. Day, Jr. and sterling career as a public safety legislative session. The following named officer for appoint- policymaker’’ and notes that he is ‘‘a So after we dispose of the Durbin ment as Commander, Pacific Area of the passionate champion for justice.’’ amendment, we will move to the Dodd United States Coast Guard and to the grade In addition, Mr. Weich has a distin- amendment. indicated under Title 14, U.S.C., Section 50: guished record of public service as an The PRESIDING OFFICER. Without To be vice admiral assistant district attorney in Manhat- objection, it is so ordered. Rear Adm. Jody A. Breckenridge tan, and as a special counsel to the Mr. REID. Mr. President, I want to NOMINATIONS PLACED ON THE SECRETARY’S United States Sentencing Commission. express my appreciation to Senator DESK He is an experienced Senate hand who BUNNING who has been very reasonable IN THE COAST GUARD has earned the respect of Senators on in this process. There are certain PN190 COAST GUARD nomination of Mi- both sides of the aisle. We know him things he wanted. He didn’t get what chael J. McNeil, which was received by the well as a former member of the staff of he felt he was entitled to. Looking at Senate and appeared in the Congressional the Judiciary Committee. I am con- his request, I think it was very reason- Record of March 17, 2009. fident he will be a welcome addition to able. Senator BUNNING has not been un- PN191 COAST GUARD nomination of the leadership at the Justice Depart- fair in the questions he asked. I appre- Desarae A. Janszen, which was received by ment, and will make the Department the Senate and appeared in the Congres- ciate his allowing us to get this con- sional Record of March 17, 2009. more responsive to congressional con- sent agreement. cerns than we have seen over the last f f several years. NOMINATION OF RONALD H. WEICH I congratulate Mr. Weich and his EXECUTIVE SESSION TO BE AN ASSISTANT ATTORNEY family on his confirmation today and GENERAL look forward to working with him in his new capacity at the Justice Depart- EXECUTIVE CALENDAR Mr. REID. I now ask that the Senate ment. Mr. REID. I ask unanimous consent proceed to Calendar No. 65. The PRESIDING OFFICER. If there that the Senate proceed to executive The PRESIDING OFFICER. The is no further debate, the question is, session to consider Calendar Nos. 66, 68, nomination will be stated. Will the Senate advise and consent to 69, 70, 71, 72, 73, 74, 75, 76, 77, and all The assistant legislative clerk read the nomination of Ronald H. Weich, of nominations on the Secretary’s Desk the nomination of Ronald H. Weich, of the District of Columbia, to be an As- in the Coast Guard; that the nomina- the District of Columbia, to be an As- sistant Attorney General? tions be confirmed en bloc, and the mo- sistant Attorney General. The nomination was confirmed. tions to reconsider be laid on the table Mr. LEAHY. Mr. President, today the Mr. REID. Mr. President, I ask unan- en bloc. Senate considers another of President imous consent that the motion to re- The PRESIDING OFFICER. Without Obama’s highly-qualified nominees for consider be laid on the table and there objection, it is so ordered. an important post in the executive be no further motions in order; that The nominations considered and con- branch. Earlier today, the Judiciary any statements relating to this nomi- firmed en bloc are as follows: Committee reported favorably the nation be printed in the RECORD; that nomination of Ron Weich to be Assist- DEPARTMENT OF COMMERCE the President be immediately notified ant Attorney General for the Office of of the Senate’s action; and the Senate April S. Boyd, of the District of Columbia, Legislative Affairs at the Department to be an Assistant Secretary of Commerce. then resume legislative session. of Justice. I had hoped that we could DEPARTMENT OF TRANSPORTATION The PRESIDING OFFICER. Without expedite this nomination before the re- objection, it is so ordered. Robert S. Rivkin, of Illinois, to be General cess so that Mr. Weich could begin f Counsel of the Department of Transpor- doing his job for the American people, tation. LEGISLATIVE SESSION Roy W. Kienitz, of Pennsylvania, to be but lack of cooperation from the Re- Under Secretary of Transportation for Pol- publican side prevented us from con- The PRESIDING OFFICER. The Sen- icy. firming the nomination then. I am ate will resume legislative session. Peter H. Appel, of Virginia, to be Adminis- pleased that with cooperation today, f trator of the Research and Innovative Tech- we will confirm Mr. Weich. nology Administration, Department of In more than a decade on Capitol CONFIRMATION OF RON WEICH Transportation. Hill, Ron Weich has advised three Sen- Mr. REID. Mr. President, before I Dana G. Gresham, of the District of Colum- ators: Senator SPECTER, Senator KEN- turn this over to Senator DURBIN to bia, to be an Assistant Secretary of Trans- portation. NEDY, and now Majority Leader REID, close, I want to say a word or two Joseph C. Szabo, of Illinois, to be Adminis- who introduced Mr. Weich at his hear- about this nomination we just com- trator of the Federal Railroad Administra- ing 3 weeks ago and strongly rec- pleted. That is the nomination of Ron tion. ommended his confirmation. Weich. EXECUTIVE OFFICE OF THE PRESIDENT At his hearing, I put into the record I know Ron has waited with his fam- Sherburne B. Abbott, of Texas, to be an As- a letter from Senator KENNEDY describ- ily for a long time to get this done, but sociate Director of the Office of Science and ing Mr. Weich as a ‘‘lawyer of excep- I have tremendously mixed emotions. Technology Policy. tional intelligence, skill, and sound A part of me was saying: I wish maybe

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He is a really a fine lawyer I thank Senator REID for his earlier dent Obama. Joe and the President with a great legal mind. I have worked comments. worked closely together when then- closely with him for years. f State Senator Obama served in Spring- He is going to lead the Justice De- field in the Illinois General Assembly. CONFIRMATION OF JOSEPH SZABO partment regarding legislative affairs. Mr. President, I am here today to tell He has had prosecutorial experience Mr. DURBIN. Mr. President, I would you what President Obama and I al- and Government experience. I know like to congratulate Mr. Joseph Szabo ready know: When it comes to making and respect all he has done to strength- on his confirmation as the next Admin- high-speed rail a reality in the U.S. and en our national security, forward the istrator of the Federal Railroad Ad- ensuring that millions of Americans cause of justice, and raise the ethics ministration. have access to safe, reliable passenger standards of our Government and in Joe Szabo has made a significant and freight rail, there is no one better the whole country. In fact, Ron took a contribution to my State of Illinois, for this job than Joe Szabo. lead role in the last Congress, as we and I believe he is going to bring great Mr. President, in the months and passed the most sweeping ethics and success to the Department of Transpor- years ahead, I can assure you this lobbying reforms in the history of our tation. Joe Szabo understands better country will find Joe Szabo under- Congress and our country. than most the long days, unpredictable stands the critical role our national Those who know and work with Ron schedules, and sometimes hazardous rail system plays to the health of our value not only his extensive experience working conditions that come with em- economy, our environment, and our fu- but just the person he is. I express my ployment in the railroad industry. ture. I am proud to have added my voice to appreciation to Ron Weich for his He has worked for the railroad—both the chorus of so many who asked the sound judgment, his collegiality, his the Illinois Central and Metra—since administration to nominate Joe and honesty, and loyalty to me. Eric Hold- he was 18 years old, including stints as yard switchman, road trainman, and give him this chance to serve our Na- er will find the same there. tion. I know he is going to do an excep- While many of his colleagues from commuter passenger conductor. tional job. Columbia University and Yale Law Five generations of his family School, where he was educated, are out worked on the railroad. Joe learned f in the private sector making a lot of firsthand about the railroads from his COMMENDING THE UNIVERSITY OF money, Ron has spent most of his life father, a 40-year switchman for the Illi- GEORGIA GYMNASTICS TEAM in public service. He came back to the nois Central Railroad. His father in- Mr. DURBIN. Mr. President, I ask Senate after having been in a renowned stilled in him a passion for rail work unanimous consent that the Senate law firm downtown. But he came back that has helped Joe become a trusted proceed to the consideration of S. Res. because this is what he wants to do. He and respected voice in rail labor and in 119, which was submitted earlier today. is able to make enough money to raise the industry. The PRESIDING OFFICER. The his family. He is not interested in how Joe has a distinguished record of pub- clerk will report the resolution by much money he makes. He is inter- lic service and many accomplishments title. ested in what good he can do for our to show for his work in Illinois. As The legislative clerk read as follows: country. elected mayor of Riverdale, IL, and A resolution (S. Res. 119) commending the Our Nation benefits immensely when State legislative director for the University of Georgia gymnastics team for people as good at what they do as Ron United Transportation Union, UTU, winning the 2009 NCAA national champion- is—and as good to others as Ron is— Joe has developed a reputation as a ship. choose to make a difference. passionate and effective advocate for There being no objection, the Senate As I have indicated, I am sad to see freight and passenger rail and its work- proceeded to consider the resolution. him leave this Capitol complex. I am ers. Mr. DURBIN. Mr. President, I ask comforted by knowing that Ron will During his tenure as UTU State di- unanimous consent that the resolution play an important role in rebuilding rector, Joe’s work was integral to the be agreed to, the preamble be agreed Attorney General Holder’s Justice De- State of Illinois doubling its invest- to, and the motions to reconsider be partment to a place where all are once ment in passenger rail. This additional laid upon the table. again equal under the law, protected by State investment Joe worked so hard The PRESIDING OFFICER. Without the law, and no one is above the law. to achieve allowed Illinois to double objection, it is so ordered. The PRESIDING OFFICER. The Sen- the frequency of Amtrak trains leaving The resolution (S. Res. 119) was ator from Illinois. Chicago for Quincy, Carbondale, and agreed to. The preamble was agreed to. f St. Louis, and to lay the groundwork for expanding service to Rockford and The resolution, with its preamble, THANKING THE MAJORITY the Quad Cities—our next achieve- reads as follows: LEADER ments, I hope soon. S. RES. 119 Mr. DURBIN. Mr. President, I thank Joe’s advocacy helped Illinois pas- Whereas in 2009, the University of Georgia the majority leader for his kind words. senger rail achieve the fastest growth gymnastics team, the ‘‘Gym Dogs’’, won its He is a friend of long standing. We in ridership and revenue in the entire 10th National Collegiate Athletic Associa- came to Washington together in the tion (NCAA) women’s gymnastics champion- national Amtrak system. ship; House of Representatives many years Joe will now bring his passion for the Whereas the University of Georgia gym- ago, and we certainly never could have railroad industry and his experience nastics program has won 16 Southeastern dreamed, when we arrived here so with rail labor to Washington. As all of Conference (SEC) championships; many years ago, that today we would us know, President Obama, Vice Presi- Whereas the University of Georgia gym- be able to work so closely and so well dent BIDEN, and this Congress have nastics program has produced 7 Honda Award in the leadership of the Senate. made the single largest investment in winners, with Courtney Kupets under consid- HARRY REID is a terrific leader. He passenger rail in America’s history. eration as a finalist for the 2009 award; has done an extraordinary job. Today a The $8 billion we included in the Whereas the 2009 national title is the Gym Dogs’ 5th consecutive national champion- lot of praise is being given to the Presi- stimulus for high-speed passenger rail ship; dent for his first 100 days. I want to add represents a commitment to taking the Whereas the University of Georgia gym- in that chorus of praise HARRY REID, next step in intercity passenger rail for nastics team is the most successful gym- the Senator from Nevada, who has the 21st century. nastics program in the Nation;

VerDate Nov 24 2008 02:14 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G29AP6.079 S29APPT1 smartinez on PROD1PC64 with SENATE April 29, 2009 CONGRESSIONAL RECORD — SENATE S4905 Whereas the Gym Dogs have made 26 con- Whereas, on March 1, 2009, junior Baset between the two leaders, or their des- secutive appearances in the NCAA gym- Chaudry won the College Squash Associa- ignees, with the majority controlling nastics championships; tion’s Men’s Individual Championship; the first half and the Republicans con- Whereas the 2009 Gym Dogs’s overall Whereas the diverse roster of the Bantams, trolling the second half; further, that record was an amazing 32-1; which includes players from the United Whereas the 2009 Gym Dogs also achieved States, India, Jamaica, Pakistan, Sweden, following morning business, the Senate the highest team GPA at the University of Colombia, and Malaysia, highlights the di- consider S. 896, the Helping Families Georgia, 3.36; versity of Trinity College and the commit- Save Their Homes Act of 2009, as pro- Whereas the gymnastics team’s coach, Su- ment of Trinity College to fostering cultural vided for under the previous order. zanne Yoculan, will retire as the most suc- understanding; The PRESIDING OFFICER. Without cessful collegiate gymnastics coach in NCAA Whereas Coach Paul Assainte has earned objection, it is so ordered. history; and acclaim from his players for his role as Whereas Coach Suzanne Yoculan has, in 19 coach and mentor and for underscoring the f of her 26 years as head coach at the Univer- values of humility and respect for one’s op- PROGRAM sity of Georgia, taken her squad to an SEC ponents and teammates; and title, an NCAA title, or both: Now, therefore, Whereas each player, coach, and staff Mr. DURBIN. Mr. President, Sen- be it member of the Trinity College Bantams ators should expect the first vote to Resolved, That the Senate— demonstrates a strong commitment to the occur at or about 2:30 p.m. That vote (1) commends the University of Georgia pursuit and achievement of excellence: Now, would be in relation to an amendment gymnastics team for winning the 2009 NCAA therefore, be it I will offer relating to bankruptcy. women’s national championship; Resolved, That the Senate— We were also able to reach an agree- (2) recognizes that the Gym Dogs have won (1) congratulates the Trinity College Ban- ment to consider the nomination of more national championships than any other tams for their historic 11th-straight College gymnastics program in the Nation; and Squash Association Men’s Team Champion- Thomas Strickland to be Assistant (3) congratulates Suzanne Yoculan for a ship; and Secretary for Fish and Wildlife, with spectacular career as the University of Geor- (2) recognizes the achievements of the up to 3 hours for debate prior to a vote. gia’s gymnastics coach. players, coaches, students, and support staff f f who were instrumental in the Bantams’ vic- tory. ADJOURNMENT UNTIL 9:30 A.M. CONGRATULATING THE TRINITY f TOMORROW COLLEGE BANTAMS DISCHARGE AND REFERRAL Mr. DURBIN. Mr. President, if there Mr. DURBIN. Mr. President, I ask is no further business to come before unanimous consent that the Senate Mr. DURBIN. Mr. President, as in ex- the Senate, I ask unanimous consent proceed to the immediate consider- ecutive session, I ask unanimous con- that the Senate adjourn under the pre- ation of S. Res. 120 submitted earlier sent that the nomination of John Mor- vious order. today. ton, to be Assistant Secretary of There being no objection, the Senate, The PRESIDING OFFICER. The Homeland Security, reported by the at 7:53 p.m., adjourned until Thursday, clerk will report the resolution by Committee on Homeland Security and April 30, 2009, at 9:30 a.m. title. Governmental Affairs on Monday, The legislative clerk read as follows: April 27, now be referred to the Judici- f A resolution (S. Res. 120) congratulating ary Committee for a period of 30 cal- NOMINATIONS the Trinity College Bantams for their 11th- endar days; that at the end of the 30 Executive nominations received by straight College Squash Association Men’s days, if the Committee on the Judici- the Senate: Team Championship. ary has not reported the nomination, DEPARTMENT OF DEFENSE There being no objection, the Senate then it be automatically discharged ANDREW CHARLES WEBER, OF VIRGINIA, TO BE AS- proceeded to consider the resolution. and placed on the Executive Calendar. SISTANT TO THE SECRETARY OF DEFENSE FOR NUCLEAR Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without AND CHEMICAL AND BIOLOGICAL DEFENSE PROGRAMS, unanimous consent that the resolution objection, it is so ordered. VICE FREDERICK S. CELEC. DEPARTMENT OF TRANSPORTATION be agreed to, the preamble be agreed f to, the motions to reconsider be laid PETER M. ROGOFF, OF VIRGINIA, TO BE FEDERAL ANNOUNCEMENT TRANSIT ADMINISTRATOR, VICE JAMES S. SIMPSON, RE- upon the table with no intervening ac- SIGNED. tion or debate, and any statements re- The PRESIDING OFFICER. The DEPARTMENT OF STATE lating to the resolution be printed in Chair announces, on behalf of the ma- ERIC P. GOOSBY, OF CALIFORNIA, TO BE AMBASSADOR the RECORD. jority leader, pursuant to P.L. 110–229, AT LARGE AND COORDINATOR OF UNITED STATES GOV- The PRESIDING OFFICER. Without the appointment of the following to be ERNMENT ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY. objection, it is so ordered. members of the Commission to Study DEPARTMENT OF EDUCATION The resolution (S. Res. 120) was the Potential Creation of a National MARTHA J. KANTER, OF CALIFORNIA, TO BE UNDER agreed to. Museum of the American Latino: SECRETARY OF EDUCATION, VICE SARA ALICIA TUCKER, RESIGNED. The preamble was agreed to. Susan Gonzales of Washington, D.C.; DEPARTMENT OF AGRICULTURE The resolution, with its preamble, Moctezuma Esparza of California; Car- KEVIN W. CONCANNON, OF MAINE, TO BE UNDER SEC- reads as follows: los Ezeta of Nevada; and Katherine RETARY OF AGRICULTURE FOR FOOD, NUTRITION, AND S. RES. 120 Archuleta of Colorado (non-voting CONSUMER SERVICES, VICE NANCY MONTANEZ-JOHNER, RESIGNED. Whereas, on February 23, 2009, the Trinity member). DEPARTMENT OF COMMERCE College Bantams defeated the Princeton Uni- f versity Tigers, 5 games to 4, in the final ROBERT M. GROVES, OF MICHIGAN, TO BE DIRECTOR OF match of the College Squash Association ORDERS FOR THURSDAY, APRIL THE CENSUS, VICE STEVEN H. MURDOCK, RESIGNED. Men’s Team Championship tournament; 30, 2009 f Whereas the Bantams have won 11 national Mr. DURBIN. Mr. President, I ask CONFIRMATIONS championships in a row; unanimous consent that when the Sen- Whereas the Bantams have won 202 ate completes its business today, it ad- Executive nominations confirmed by straight matches, the longest winning streak the Senate, Wednesday, April 29, 2009: in collegiate sports history; journ until 9:30 a.m., Thursday, April DEPARTMENT OF COMMERCE Whereas junior Baset Chaudry, down 5-0 in 30; that following the prayer and the the final game with the match tied 4-4, ral- pledge, the Journal of proceedings be APRIL S. BOYD, OF THE DISTRICT OF COLUMBIA, TO BE lied to score 9 straight points and clinch the approved to date, the morning hour be AN ASSISTANT SECRETARY OF COMMERCE. title for the Bantams; deemed to have expired, the time for DEPARTMENT OF TRANSPORTATION Whereas seniors Gustav Detter and Manek the two leaders be reserved for their ROBERT S. RIVKIN, OF ILLINOIS, TO BE GENERAL COUN- Mathur, junior Baset Chaudry, sophomore SEL OF THE DEPARTMENT OF TRANSPORTATION. use later in the day, and there be a pe- ROY W. KIENITZ, OF PENNSYLVANIA, TO BE UNDER Parth Sharma, and freshman Vikram riod of morning business for up to 1 SECRETARY OF TRANSPORTATION FOR POLICY. Malholtra were named to the College Squash PETER H. APPEL, OF VIRGINIA, TO BE ADMINISTRATOR Association All-America First Team, and hour, with Senators permitted to speak OF THE RESEARCH AND INNOVATIVE TECHNOLOGY AD- therein for up to 10 minutes each, with MINISTRATION, DEPARTMENT OF TRANSPORTATION. sophomores Randy Lim and Andre Vargas DANA G. GRESHAM, OF THE DISTRICT OF COLUMBIA, TO were named to the Second Team; the time equally divided and controlled BE AN ASSISTANT SECRETARY OF TRANSPORTATION.

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A PROCLAMATION HONORING pride and great relief and in honoring our Whereas, Michael Evans always displayed CODY CANNON FOR WINNING brave service members for a job well done. sportsmanship on and off of the court: Now, THE BOYS’ DIVISION IV STATE I hope all of my colleagues vote in favor of therefore, be it BASKETBALL CHAMPIONSHIP this important measured. Resolved, that along with his friends, family, f and the residents of the 18th Congressional HON. ZACHARY T. SPACE District, I congratulate Michael Evans on win- APRIL 29, 2009: MEDIA SHOW DOU- ning the Boys’ Division IV State Basketball OF OHIO BLE STANDARD IN TEA PARTY IN THE HOUSE OF REPRESENTATIVES Championship. We recognize the tremendous COVERAGE hard work and sportsmanship he has dem- Wednesday, April 29, 2009 onstrated during the 2008–2009 basketball Mr. SPACE. Madam Speaker: HON. LAMAR SMITH season. Whereas, Cody Cannon showed hard work OF TEXAS f and dedication to the sport of basketball; and IN THE HOUSE OF REPRESENTATIVES Whereas, Cody Cannon was a supportive RECOGNIZING DOROTHY CULLEN Wednesday, April 29, 2009 team player; and OF VINELAND, NEW JERSEY Whereas, Cody Cannon always displayed Mr. SMITH of Texas. Madam Speaker, re- sportsmanship on and off of the court; now, cently, tens of thousands of Americans ex- HON. FRANK A. LoBIONDO therefore, be it pressed their opposition to out-of-control gov- OF NEW JERSEY Resolved, that along with his friends, family, ernment spending by participating in hundreds and the residents of the 18th Congressional of TEA party protests around the country on IN THE HOUSE OF REPRESENTATIVES District, I congratulate Cody Cannon on win- Tax Day. Wednesday, April 29, 2009 ning the Boys’ Division IV State Basketball The national media responded by ignoring, Mr. LOBIONDO. Madam Speaker, it is my Championship. We recognize the tremendous dismissing, or blatantly ridiculing the protests. honor to recognize Dorothy (Dotty) Cullen of hard work and sportsmanship he has dem- There was no mention of the TEA parties Vineland, New Jersey for being awarded the onstrated during the 2008–2009 basketball the next day on the front pages of the Wash- MetLife Foundation’s 2009 Older Volunteers season. ington Post or New York Times, even though Enrich America Award. Dotty has been in- f the Times found space on its front page for a volved with the Vineland Boys and Girls club story about protests in Afghanistan. for over 15 years, served on the Vineland De- COMMENDING CAPTAIN RICHARD In contrast, the media covered liberal pro- PHILLIPS, U.S. NAVY SEALS, velopment Center Board for almost two dec- tests during President Bush’s term fre- ades, and has been a leader for veterans care AND THE U.S. NAVY IN SOMALI quently—and without criticism. PIRATE HIJACKING throughout her life. A Washington Times editorial argued that Not one to slow down, Dotty currently the media’s handling of the TEA party protests SPEECH OF serves as the President of the Residents went a step beyond bias. ‘‘Forget media bias,’’ Council at the Baker House, where she herself HON. SUSAN A. DAVIS the Times wrote. ‘‘The liberal press judges resides. The Baker House has become known OF CALIFORNIA stories before investigating them. That’s preju- for its patriotism and dedication to the commu- IN THE HOUSE OF REPRESENTATIVES dice.’’ nity, participating in Toys for Tots, National Wednesday, April 22, 2009 Whether it’s due to bias or prejudice, the Guard packages for soldiers serving abroad, national media failed to cover Americans’ Mrs. DAVIS of California. Mr. Speaker, I rise and Read Across America. For her unwaver- widespread resistance to big government. And ing service to her community and to the coun- today in support of H. Res. 339. that’s the real story. This resolution honors the incredible work of try, she was selected for this prestigious na- the United States Navy SEALs, and the crews f tional honor. of the USS Bainbridge, USS Boxer, USS PERSONAL EXPLANATION I have personally known Dotty for more than Halyburton and Patrol Squadron (VP) 8. H. 40 years and I can attest to the invaluable Res. 339 also recognizes the crew of the HON. RON KLEIN contributions she has made to her community. Maersk Alabama and the courage of Captain Her focus on recognizing the sacrifices of our OF FLORIDA Richard Phillips. veterans and providing them with the assist- IN THE HOUSE OF REPRESENTATIVES The Maersk Alabama and her crew returned ance they need is an inspiration to us all. safely due to the remarkable service of the Wednesday, April 29, 2009 I offer my sincere congratulations to my men and women of the U.S. Navy. In fact, this Mr. KLEIN of Florida. Madam Speaker, dear friend, Dotty Cullen, for receiving this event has shown the importance of having a Thursday, April 23, 2009 I was unavoidably honor and thank her for her continued dedica- fleet capable of maintaining a global maritime detained. Had I voted, I would have voted tion to the residents of Vineland, the State of presence that allows the Navy to respond to ‘‘yes’’ on rollcall No. 200. New Jersey, and the United States of Amer- ica. emergencies around the world. f We must also commend the actions of our f remarkable Navy SEAL snipers. The special A PROCLAMATION HONORING MI- operations community rarely receives the rec- CHAEL EVANS FOR WINNING THE RECOGNIZING DAN SALLET ON ognition they deserve, nor do they seek it. BOYS’ DIVISION IV STATE BAS- THE DAY OF HIS RETIREMENT While they do not look for notoriety, this reso- KETBALL CHAMPIONSHIP FROM THE AYER SCHOOL COM- lution honors their service and recognizes their MITTEE contributions to U.S. national security. HON. ZACHARY T. SPACE The success of the Navy SEAL snipers who OF OHIO HON. NIKI TSONGAS saved Captain Phillips is a prime example of IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS the superior training our SEALs receive; train- IN THE HOUSE OF REPRESENTATIVES ing that begins at Naval Amphibious Base Wednesday, April 29, 2009 Coronado and reinforced through multiple Mr. SPACE. Madam Speaker: Wednesday, April 29, 2009 tours of duty in Iraq, Afghanistan, and now off Whereas, Michael Evans showed hard work Ms. TSONGAS. Madam Speaker, I rise the coast of Somalia. and dedication to the sport of basketball; and today to recognize and honor Dan Sallet of Mr. Speaker, I know I join all Americans in Whereas, Michael Evans was a supportive Ayer, Massachusetts upon his retirement from welcoming this crew home with both great team player; and the Ayer School Committee.

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

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.001 E29APPT1 jbell on PROD1PC69 with REMARKS E1006 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2009 Respected throughout the community for his went on to graduate from St. Mary’s University New York. A few examples of these records commitment to public service, Mr. Sallet is with a B.B.A. and from St. Mary’s Law School include: leaving the School Committee after 14 years with a J.D. She practiced law for 25 years, The Adirondack Museum Library has the of dedicated service, including serving as twenty of those as a solo practitioner prior to largest collection documenting that unique re- Chairman for six years. Sallet was instru- being appointed to the court. She credits her gion, with records ranging from architectural mental in leading the schools out of significant choice of the law as a career to her maternal drawings of ‘‘Great Camps,’’ catalogs for J.H. financial difficulties in 2006–2007 and was a grandmother, who noticed that even at the Rushton canoes, early maps of the Adiron- prime mover in establishing the Ayer Tri- age of five she had the skills of a mediator dack Park, and recordings of Adirondack folk Board, a joint committee of Selectmen, School and negotiator. musicians. and Finance Committees, which works coop- Justice Lo´pez made history when she be- The Essex County Historical Society holds eratively to develop budgets and resolve finan- came the first Hispanic woman to serve on the records from Republic Steel that document not cial issues for the town. Mr. Sallet’s words are Fourth Court of Appeals. She has been a true only the mining industry but the employment respected as the voice of reason at Ayer leader becoming the first Hispanic woman to of hundreds of miners from Peru who lived Town Meetings. serve as Chief Justice in the State of Texas, and worked in Port Henry, New York in the Mr. Sallet has also represented the commu- as well as the first Hispanic woman to serve 1920s. nity as a member of Devens Education Advi- as a Chief Justice in the United States. The Lewis County Historical Society is sory Committee (DEAC) and on the finance Justice Lo´pez has been a strong advocate home to the papers of Dr. Franklin Hough, the subcommittee for the Devens Disposition Ex- for the Hispanic community serving on a num- father of American forestry. ecutive Board. Mr. Sallet has also been active ber of local, state, and national boards of di- The Sackets Harbor Battlefield Historic Site in Ayer youth baseball, soccer and basketball rectors. She is committed to being a role Library houses manuscripts, documents, programs. model not just for Hispanic women, but for the maps, archeological reports, and records re- Mr. Sallet and his wife Julie have lived in entire community. lated to the Sackets Harbor Battlefield, the Ayer since 1994 with their three children, Con- Madam Speaker, I ask my colleagues to join War of 1812, and the Sackets Harbor Naval nor, Patrick and Molly. me in honoring Chief Justice Alma Lo´pez as Station. I thank Mr. Sallet for his commitment to our we celebrate and honor her career and out- St. Lawrence University retains manuscripts community and congratulate him on his many standing contributions to the community. Her which document the economic, social, political, years of service to the Town of Ayer and its dedication to justice and the City of San Anto- religious, and cultural activities of Adirondack children. nio are remarkable and I wish her continued communities; environmental issues; the Lake f success in all her future endeavors. Placid Winter Olympics; and the development f of the St. Lawrence Seaway. A PROCLAMATION HONORING These are just a few citations outlining the CHRIS FAIRCHILD FOR WINNING INTRODUCTION OF THE PRE- wealth of historical records that could benefit THE BOYS’ DIVISION IV STATE SERVING THE AMERICAN HIS- through the enactment of the PAHR. Many BASKETBALL CHAMPIONSHIP TORICAL RECORD (PAHR) ACT other worthy examples exist throughout the nation. Accordingly, I look forward to working HON. ZACHARY T. SPACE HON. JOHN M. McHUGH with the gentleman from New York to enact OF OHIO OF NEW YORK this legislation and thereby preserve additional aspects of America’s rich history. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Wednesday, April 29, 2009 Wednesday, April 29, 2009 PERSONAL EXPLANATION Mr. SPACE. Madam Speaker: Mr. MCHUGH. Madam Speaker, I rise today Whereas, Chris Fairchild showed hard work as a proud cosponsor of the Preserving the and dedication to the sport of basketball; and American Historical Record (PAHR) Act. I ap- HON. J. GRESHAM BARRETT Whereas, Chris Fairchild was a supportive preciate the work my friend, the gentleman OF SOUTH CAROLINA team player; and from New York (Mr. HINCHEY), has done to de- IN THE HOUSE OF REPRESENTATIVES Whereas, Chris Fairchild always displayed velop this important legislation, which would Wednesday, April 29, 2009 sportsmanship on and off of the court; now, greatly enhance efforts to preserve and dis- Mr. BARRETT of South Carolina. Madam therefore, be it seminate our Nation’s rich historical records. Speaker, unfortunately I missed recorded Resolved, that along with his friends, family, Americans have long recognized the impor- votes on the House floor on Monday, April 27, and the residents of the 18th Congressional tance of preserving history through the support 2009. Had I been present, I would have voted District, I congratulate Chris Fairchild on win- of such institutions as the Library of Congress, ‘‘aye’’ on rollcall vote No. 207 (Motion to sus- ning the Boys’ Division IV State Basketball National Archives, and the Smithsonian Institu- pend the rules and Agree to H. Res. 329), Championship. We recognize the tremendous tion. However, efforts to preserve records held ‘‘nay’’ on rollcall vote No. 208 (Motion to Sus- hard work and sportsmanship he has dem- by State and local historical societies, ar- pend the Rules and Agree to H.R. 1746), and onstrated during the 2008–2009 basketball chives, and libraries are currently hindered ‘‘aye’’ on rollcall vote No. 209 (Motion to Sus- season. due to a lack of resources necessary to en- pend the Rules and Agree to H. Res. 335). f sure adequate preservation. The PAHR Act, which I also cosponsored f HONORING CHIEF JUSTICE ALMA during the 110th Congress (H.R. 6056), would ´ A PROCLAMATION HONORING L. LOPEZ authorize $50 million annually for grants to WESTEN HALE FOR WINNING States, local governments, and other entities THE BOYS’ DIVISION IV STATE HON. CHARLES A. GONZALEZ to preserve these important records. In addi- BASKETBALL CHAMPIONSHIP OF TEXAS tion to preservation assistance, the PAHR Act IN THE HOUSE OF REPRESENTATIVES will enhance safe access to those records for HON. ZACHARY T. SPACE public use. Of note, the Act could result in the OF OHIO Wednesday, April 29, 2009 expanded use of a wide variety of access IN THE HOUSE OF REPRESENTATIVES Mr. GONZALEZ. Madam Speaker, I rise tools, including archival finding aids, documen- today to honor Chief Justice Alma L. Lo´pez, a tary editions, indexes and images of key Wednesday, April 29, 2009 public servant who has dedicated her profes- records online. Mr. SPACE. Madam Speaker: sional and personal life to empowering His- This measure will also support initiatives to Whereas, Westen Hale showed hard work panics in the spheres of law, education and use records in ways that highlight the impor- and dedication to the sport of basketball; and politics. Justice Lo´pez has been a passionate tance of state, territorial, and community his- Whereas, Westen Hale was a supportive advocate, a dedicated jurist and kind friend to tory. For instance, in New York’s 23rd Con- team player; and the San Antonio community. gressional District, which I am proud to rep- Whereas, Westen Hale always displayed Born in Laredo, Texas, she moved to San resent, there are some 300 non-profit organi- sportsmanship on and off of the court: Now, Antonio, Texas, where she was raised and zations and more than 650 local governments therefore, be it educated. Justice Lo´pez began her higher that hold numerous records documenting both Resolved, that along with his friends, family, education at San Antonio College and then the people and history of central and northern and the residents of the 18th Congressional

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.005 E29APPT1 jbell on PROD1PC69 with REMARKS April 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1007 District, I congratulate Westen Hale on win- HONORING THE STUDENTS OF THE HONORING THE MABRY MIDDLE ning the Boys’ Division IV State Basketball INSULATE! PROGRAM FOR THEIR SCHOOL BAND PROGRAM Championship. We recognize the tremendous CONTRIBUTIONS TO WESTERN hard work and sportsmanship he has dem- NORTH CAROLINA HON. PHIL GINGREY onstrated during the 2008–2009 basketball OF GEORGIA season. HON. HEATH SHULER IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA Wednesday, April 29, 2009 IN THE HOUSE OF REPRESENTATIVES f Mr. GINGREY of Georgia. Madam Speaker, Wednesday, April 29, 2009 I rise today to honor the Mabry Middle School COMMEMORATING THE 100TH ANNI- Mr. SHULER. Madam Speaker, I rise today Band, which is currently on a special trip to VERSARY OF THE FOUNDING OF to recognize the invaluable contributions of a Washington, DC. Mabry Middle School is lo- SOUTHAMPTON HOSPITAL group of altruistic college students from War- cated in my hometown of Marietta in Georgia’s ren Wilson College in Asheville, NC. INSU- 11th Congressional District. The Mabry Band LATE! is an ongoing project at Warren Wilson Program, directed by Jill Barnocki and Kim- HON. TIMOTHY H. BISHOP College through which students assist low in- berly Bruce, has 377 students enrolled in OF NEW YORK come home-owners in reducing their utility grades 6–8. bills and their carbon footprints by means of Madam Speaker, members of the band pro- IN THE HOUSE OF REPRESENTATIVES weatherization. gram consistently earn recognition in both the Georgia All-State Band and the Georgia Dis- Wednesday, April 29, 2009 As part of the INSULATE! program, stu- dents weatherized 5 homes in five days during trict 12 Honor Band. All of the school’s bands Mr. BISHOP of New York. Madam Speaker, their Spring Break this year. The students earned straight superior ratings in the Georgia I rise today to commemorate an important were able to help one 84-year-old retiree who Large Group Performance Evaluation. The milestone in the history of public health in the was spending over a third of her income on Mabry Band program has also received invita- tions to perform at prestigious conferences community of Southampton, New York. A cen- utilities alone. After the students’ intervention, her utility costs have decreased over 20 per- and competitions throughout the country, in- tury ago this year, a group of committed local cent. cluding the International Band & Orchestra doctors and philanthropic citizens founded Their efforts will be filmed later this year in Conference in Chicago in 2008, the Georgia Southampton Hospital, beginning a tradition of an attempt to educate and empower those Music Educators Conference in Savannah, quality, compassionate care that continues with similar ambitions on how to help reduce Georgia in 2007, the Southeastern Middle today. their carbon footprint. School Band Clinic at Troy State University in In 1908, two Southampton doctors received The benefits of increased energy efficiency 2003, and the University of Georgia Mid-Fest an emergency call from a woman living on the at a national level are immense. As the United in 2002. States moves towards energy independence Mabry Middle School has been an exem- outskirts of the village. The doctors could not and a large-scale reduction of greenhouse plary part of the Marietta City School System risk moving their patient to the nearest hos- gases, efficiency must play a major role. The since it opened in November of 1978. The pital, so they conducted a life-saving operation ultimate goal of the INSULATE! program is school is ranked in the top ten schools in the by kerosene lamp in the woman’s attic. This ambitious, they seek to improve the lives of state of Georgia and is a Georgia School of incident crystallized the need for a local health those less fortunate on an individualized basis. Excellence. In 2005 Mabry Middle School was care facility where modern emergency proce- The potential on a national level is stag- awarded the Scholastic and Intel’s Schools of dures could be performed in safety. gering—in Western North Carolina alone there Distinction Award for Technology Innovation and Georgia’s Silver Award for Academic In 1909, Southampton Hospital received a are 44,000 eligible households. For each of these households helped by INSULATE! Achievement. Mabry is also a 2008 No Child charter from the State of New York and a roughly two tons of carbon dioxide are pre- Left Behind Blue Ribbon School of Excellence. modest home was acquired to house a dis- vented from escaping into the atmosphere I ask that my colleagues join me in recog- pensary and nurse. Since that time, the hos- each year. nizing the accomplishments of the students pital facility at Meeting House Lane and Lewis On behalf of myself, and my constituents, I and band of Mabry Middle School. Street has been expanded and augmented would like to thank the INSULATE! program f with the latest in medical technologies. Its mis- for their contribution to meeting America’s en- TRIBUTE TO DAVID DWYER OF sion to provide the highest standard of health ergy goals and for their assistance to those CONNECTICUT care continues to be sustained by the gen- less fortunate in our community. erous and grateful community. f HON. JOHN B. LARSON Today, Southampton Hospital offers a full A PROCLAMATION HONORING OF CONNECTICUT range of inpatient and outpatient services and WADE HOWARD FOR WINNING IN THE HOUSE OF REPRESENTATIVES is staffed by more than 240 physicians, den- THE BOYS’ DIVISION IV STATE Wednesday, April 29, 2009 BASKETBALL CHAMPIONSHIP tists, and other health professionals. Board- Mr. LARSON of Connecticut. Madam certified emergency physicians staff the hos- Speaker, I rise today to urge my colleagues to pital every hour of every day. In addition, sat- HON. ZACHARY T. SPACE join me recognizing Mr. David Dwyer of Bris- OF OHIO ellite facilities have been established through- tol, Connecticut. Mr. Dwyer is a lifelong Con- IN THE HOUSE OF REPRESENTATIVES out the South Fork of Long Island to provide necticut resident and has been employed by services in primary care, radiology, physical Wednesday, April 29, 2009 UPS for over 37 years, where he remains a therapy and rehabilitation to the broader area. Mr. SPACE. Madam Speaker: member in good standing of the International Whereas, Wade Howard showed hard work Brotherhood of Teamsters Local 671. Madam Speaker, as a native of South- and dedication to the sport of basketball; and He has also been a member of the Forest- ampton, the Hospital is an institution espe- Whereas, Wade Howard was a supportive ville Fishing Club, the oldest fishing club in cially close to my heart. Two years ago, the team player; and America, since 1978. From 1984 through hospital administrators gave me a beautiful Whereas, Wade Howard always displayed 1987, Mr. Dwyer served on the club’s Board of drawing depicting the hospital and grounds sportsmanship on and off of the court: Now, Managers, and served as Second Vice Presi- that I proudly display in my personal office in therefore, be it dent from 1987 through 1994. In 1994, Mr. Washington. I was born at Southampton Hos- Resolved, that along with his friends, family, Dwyer was elected President of the Forestville pital, as were my two daughters, and it has and the residents of the 18th Congressional Fishing Club. During his tenure, among other served my family well in times of distress and District, I congratulate Wade Howard on win- notable accomplishments, he presided over ning the Boys’ Division IV State Basketball joy. As the hospital enters its second century, the expansion of club boundaries and suc- Championship. We recognize the tremendous cessfully completed the Grannis Pond Revital- I offer its staff and administration my deep hard work and sportsmanship he has dem- ization Project in 2009. thanks and best wishes for the future. onstrated during the 2008–2009 basketball I wish to congratulate Mr. David Dwyer on season. his 14 years of dedicated and devoted service

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.004 E29APPT1 jbell on PROD1PC69 with REMARKS E1008 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2009 as President of the Forestville Fishing Club, World Winter Games in Idaho. It was because job will be protected while taking the family or and encourage all of my colleagues to join me of the hard work and dedication of the volun- medical leave that they need. Unfortunately, in wishing him the very best in all of his future teers from Idaho and elsewhere and their the previous Administration issued new rules endeavors. commitment to Special Olympics that this regarding the use of FMLA leave that place f great event was possible. I would like to rec- additional burdens on workers. Workers who ognize one volunteer in particular, Mr. Jim find themselves in a position that requires A PROCLAMATION HONORING J.D. Schmit. Mr. Schmit served as the Chairman of FMLA leave should not have to worry about HALE FOR WINNING THE BOYS’ the Games Fundraising Committee, and he meeting additional requirements for accessing DIVISION IV STATE BASKETBALL did an exemplary job. their FMLA leave. CHAMPIONSHIP The Special Olympics World Winter Games The Family and Medical Leave Restoration attracted more than 2,000 athletes from nearly Act will repeal the most restrictive of the new HON. ZACHARY T. SPACE 100 countries. It was the largest multi-sport regulations, restoring the common sense—and OF OHIO event ever held in the State of Idaho. While fair—regulations that were previously in place. IN THE HOUSE OF REPRESENTATIVES my home state was proud to host this pres- It also directs the new Secretary of Labor to tigious event, we faced many unique chal- revisit and revise other FMLA regulations that Wednesday, April 29, 2009 lenges along the way. Host sites are typically were promulgated under her predecessor. Mr. SPACE. Madam Speaker: named four years in advance of the Games, I look forward to working with Secretary Whereas, J.D. Hale showed hard work and but Special Olympics International awarded Solis—a proven champion for workers’ dedication to the sport of basketball; and the Games to Idaho just 24 months in ad- rights—on this issue, and on behalf of the Whereas, J.D. Hale was a supportive team vance. This left the Fundraising Games Com- workers of New Hampshire and the nation. player; and mittee with an extremely condensed timeframe f Whereas, J.D. Hale always displayed in which to raise money and prepare for the sportsmanship on and off of the court: Now, event. The Committee faced an even greater A PROCLAMATION HONORING therefore, be it challenge created by the difficult economic KYLE ONDERA FOR WINNING Resolved, that along with his friends, family, times that our businesses, corporations, and THE BOYS’ DIVISION IV STATE and the residents of the 18th Congressional citizens confronted, which caused donations to BASKETBALL CHAMPIONSHIP District, I congratulate J.D. Hale on winning charities and non-profits to drop significantly. the Boys’ Division IV State Basketball Cham- Working on an unpaid volunteer basis, Mr. HON. ZACHARY T. SPACE pionship. We recognize the tremendous hard Schmit worked tirelessly with businesses and OF OHIO work and sportsmanship he has demonstrated corporations in Idaho and throughout the IN THE HOUSE OF REPRESENTATIVES during the 2008–2009 basketball season. country to secure both monetary donations Wednesday, April 29, 2009 f and in-kind donations of food and beverages for the athletes as well as supplies needed to Mr. SPACE. Madam Speaker: HONORING BERNARD OLIVE run the events. He coordinated with the state Whereas, Kyle Ondera showed hard work and local governments to obtain assistance and dedication to the sport of basketball; and HON. GENE GREEN from them. In addition, Mr. Schmit worked Whereas, Kyle Ondera was a supportive OF TEXAS closely with Senator Craig and me to help us team player; and IN THE HOUSE OF REPRESENTATIVES in our efforts to secure federal funding in sup- Whereas, Kyle Ondera always displayed sportsmanship on and off of the court: Now, Wednesday, April 29, 2009 port of the Games. Faced with such a difficult economic environment, Mr. Schmit and his therefore, be it Mr. GENE GREEN of Texas. Madam team were able to raise sufficient funds to put Resolved, that along with his friends, family, Speaker, I rise today to recognize Bernard on the hugely successful Games and still have and the residents of the 18th Congressional Olive, a respected and noble citizen of the city funds left over to donate back to the commu- District, I congratulate Kyle Ondera on winning of Baytown. nity. the Boys’ Division IV State Basketball Cham- Mr. Olive has been devoted to serving his Madam Speaker, I have had the honor of pionship. We recognize the tremendous hard community and through his devotion has been knowing and working with Mr. Schmit in his work and sportsmanship he has demonstrated nominated for The Baytown Sun’s Citizen of position as President of Qwest Idaho for many during the 2008–2009 basketball season. the Year award. Serving as the Fire Marshall years. Today, I am honored to commend him f for the city since 1992 as well as the Emer- for his tremendous work as the Chairman of HONORING MELVIN GOINS gency Management Coordinator from 1999 to the Games Fundraising Committee. His com- 2007 he has displayed a true commitment in mitment and dedication were critical to making aiding his fellow neighbors in times of need. the Games such a huge success, and I would HON. NICK J. RAHALL II Along with his service Mr. Olive has shown like to take this opportunity to recognize him OF WEST VIRGINIA an enthusiasm in volunteering throughout his for all of his hard work. IN THE HOUSE OF REPRESENTATIVES community. Speaking to different organizations f Wednesday, April 29, 2009 concerning hurricane preparedness, fire pre- vention, and other various topics he has be- INTRODUCTION OF THE FAMILY Mr. RAHALL. Madam Speaker, I rise before come a source of knowledge that others seek AND MEDICAL LEAVE RESTORA- you today to honor a great West Virginian, for advice. Mr. Olive is a member of Cedar TION ACT Melvin Goins. Like Jimmy Stewart’s character Bayou Masonic Lodge 321, a member of the in ‘‘It’s a Wonderful Life,’’ this Friday, sur- 6th Cavalry Association of Living History, and HON. CAROL SHEA-PORTER rounded by friends and family and the love is a board member on the Hill of Rest Ceme- OF NEW HAMPSHIRE and admiration of his community, Melvin tery, as well as the Baytown Heritage Society. IN THE HOUSE OF REPRESENTATIVES Goins will be the richest man in Bramwell—a For his invaluable service to the City of Bay- town noted for the millionaire coal barons who Wednesday, April 29, 2009 town community I extend my deepest grati- called it home at the turn of the 20th Century. tude, and honor Mr. Bernard Olive. Ms. SHEA-PORTER. Madam Speaker, I am A phenomenally talented bluegrass musi- f proud to introduce today the Family and Med- cian, Melvin Goins has spent a lifetime making ical Leave Restoration Act. Since its enact- music and gaining fame throughout all of blue- TRIBUTE TO MR. JIM SCHMIT ment in 1993, the Family and Medical Leave grass country. His photo once graced the Act (FMLA) has helped workers and family cover of Smithsonian Magazine. He was HON. MICHAEL K. SIMPSON members to balance the responsibilities of the named an ‘‘Appalachian Treasure’’ by More- OF IDAHO workplace with their or their family’s medical head State University in 2000, and he was in- IN THE HOUSE OF REPRESENTATIVES needs. This job protected leave provides work- ducted into the ‘‘Bluegrass Hall of Fame.’’ But ers with the comfort of knowing that their job I suspect that the recognition by his hometown Wednesday, April 29, 2009 will be safe while they tend to their health of a local boy done well is, to him, the most Mr. SIMPSON. Madam Speaker, I rise today needs, or the health needs of a loved one. sublime of all possible honors. to pay tribute to the numerous organizers and FMLA leave is unpaid leave, but it provides As a youngster, Melvin, along with his broth- volunteers of the 2009 Special Olympics the worker with the basic assurance that their er Ray who passed away in 2007, worked and

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.012 E29APPT1 jbell on PROD1PC69 with REMARKS April 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1009 scraped to buy their first instrument—a This facility is the first of its kind in innova- A PROCLAMATION HONORING banjo—a treasure they were afraid to reveal to tion and renewable resources for water treat- JESSE SLONE FOR WINNING THE their father, Glen. Fortunately for all of us, ment. The City of Buffalo, Minnesota asked for BOYS’ DIVISION IV STATE BAS- having received Glen Goins’ approval of their a state-of-the-art system and Bolton and Menk KETBALL CHAMPIONSHIP fine purchase, the two sons soon embarked delivered. The facility provides a high quality on a path that would take them to the heights treatment process and keeps the energy costs HON. ZACHARY T. SPACE of bluegrass renown. incredibly low to the city and its residents. By OF OHIO Over the decades of their careers, the pair recycling and reusing, the wastewater treat- IN THE HOUSE OF REPRESENTATIVES brought the sounds of a finely tuned string ment plant makes all biosolids disappear. band to countless men and women throughout Some of the biosolids are even reused in the Wednesday, April 29, 2009 the world, who found delight in such tunes as community’s road construction and repair. In Mr. SPACE. Madam Speaker: ‘‘Mouse Tracks in the Bacon Grease.’’ Like- the end, the City of Buffalo has one of the Whereas, Jesse Slone showed hard work wise, gospel tunes as ‘‘I’ll Fly Away’’ and ‘‘The most eco-friendly and fiscally responsible and dedication to the sport of basketball; and Wayfarer Stranger’’ have touched many a wastewater treatment plants in America. In Whereas, Jesse Slone was a supportive heart and soul. fact, estimated savings for the first year of op- team player; and They played as part of the Lonesome Pine eration are expected to exceed $90,000 and Whereas, Jesse Slone always displayed Fiddlers and the Clinch Mountain Boys, before $500,000 in the next 20 years. sportsmanship on and off of the court; now, going on their own to play as the Goins Broth- The 2009 Engineering Excellence Award therefore, be it ers. But eventually Ray hung up his banjo and has found a worthy recipient and I rise today Resolved, that along with his friends, family, Melvin carried on, establishing the Windy to commend both Bolton and Menk for their in- and the residents of the 18th Congressional Mountain Boys. novation and attention to the needs of today’s District, I congratulate Jesse Slone on winning Over the years, Melvin’s generosity, exem- communities and the people of Buffalo, Min- the Boys’ Division IV State Basketball Cham- plified by the guidance and encouragement he nesota for vision and a real commitment to ex- pionship. We recognize the tremendous hard gave so freely to younger musicians, earned cellence. work and sportsmanship he has demonstrated him lifelong respect and gratitude. And despite during the 2008–2009 basketball season. his success, the once-dirt poor boy has never f f lost his sense of those basic values honed in the hills of his West Virginia home at the knee HONORING THE LIFE AND WORK ON THE PASSING OF ERNIE of his mother Pearl. OF PAUL SIDNEY BARNES If it means keeping our feet firmly planted on Good Mother Earth and our head out of the HON. TIMOTHY H. BISHOP HON. G. K. BUTTERFIELD clouds like Melvin Goins, then growing up ‘‘dirt OF NEW YORK OF NORTH CAROLINA poor’’ is a luxury more Americans should IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES enjoy. Melvin Goins life has spanned the days of Wednesday, April 29, 2009 Wednesday, April 29, 2009 the battery operated radio that provided the Mr. BISHOP of New York. Madam Speaker, Mr. BUTTERFIELD. Madam Speaker, today family’s only entertainment to the age of the I rise today to honor the life and work of Paul we mourn the loss of Ernie Barnes, an athlete, Internet, MP3 players, and IPods. Having Sidney, legendary radio personality and fixture artist and North Carolina native. spent the better part of his nearly 60 years on of community life in Eastern Long Island for 45 As a child, Mr. Barnes would accompany his the road, performing live concerts at venues years. mother to work, where she oversaw a promi- from the renowned to the unlikely, Melvin With his rapid patter and unpolished voice, nent attorney’s household staff in a home Goins now reaches his multitude of fans Paul provided ‘‘local news of local interest’’ to where he was captivated by the extensive col- worldwide, in their own living rooms, through a generations of Long Islanders from the studios lection of art books available to him. It was the virtual visit to YouTube. of WLNG radio in Sag Harbor. Joining the sta- start of a lifelong love of art. Even in his 70’s, Melvin continues a suc- tion in 1963 as programming director, he later As a junior high school student, Mr. Barnes cessful and busy musical career, remaining became WLNG’s vice-president, general man- was overweight and introverted. He spent his much in demand by all who enjoy a little ager and, eventually, president. time drawing and hiding from the taunting bul- pickin’, singin’ and a good story to boot. Paul was recognized as a pioneer in com- lies. A sympathetic teacher helped steer him That he has earned this continuous fol- munity radio when he was inducted into the into a weightlifting program, which enabled lowing throughout those decades of change is New York State Broadcasters’ Hall of Fame in him to excel in both football and track and testament to the depth of Melvin’s talent and 2007. One of his innovations at WLNG was field once he got to high school. the breadth of his musical appeal. his early embrace of on-location remote Because of segregation, he was unable to This Friday, I will join the people of broadcasting. Local events from retail store consider nearby University of North Carolina Bramwell, West Virginia in celebrating ‘‘Melvin openings to Easter Egg hunts could expect a or Duke University, and instead attended my Goins Day.’’ But today, I bring his extraor- visit from Paul in the station’s mobile broad- alma mater, North Carolina Central Univer- dinary life and musical talent to the attention casting bus, and anybody in attendance was sity—then known as North Carolina College— of the U.S. Congress and urge my colleagues eligible for an impromptu on-air interview. on a football scholarship and majored in art. to join me in recognizing Melvin Goins, an Perhaps what endeared Paul most to his lis- Mr. Barnes was drafted in by the Wash- American treasure. teners was his dedication to keeping WLNG ington Redskins, who, upon discovering he f on the air during even the most severe hurri- was Black, traded him to the then-world cham- RECOGNIZING THE BOLTON AND canes and blizzards, earning him the nick- pion Baltimore Colts. He later played offensive MENK FIRM FOR THEIR INNOVA- name ‘‘the master of disaster.’’ With his com- lineman for the San Diego Chargers and Den- TIVE DESIGN OF A NEW WASTE- mitment to keeping the community informed in ver Broncos. WATER TREATMENT PLANT trying times, Paul was part entertainer and While on the playing field, Mr. Barnes said part public servant. he was studying the human form and devel- HON. MICHELE BACHMANN Between shifts on-air, Paul would hold court oping an eye for capturing the drama of from his favorite bench between the Sag Har- sports. Each week he would sketch the defen- OF MINNESOTA bor Pharmacy and the Variety Store on Main sive lineman who would be across from him in IN THE HOUSE OF REPRESENTATIVES Street, dispensing wisdom, talking baseball that Sunday’s game. Wednesday, April 29, 2009 and maybe collecting a few anecdotes for a ‘‘The drawings would help me understand Mrs. BACHMANN. Madam Speaker, I rise later broadcast. A lifelong bachelor, his lis- the man I would be facing,’’ he said in an today to honor the Bolton and Menk Firm for teners were both his friends and his family. interview. their innovative design of a new Wastewater Madam Speaker, if being successful in life Mr. Barnes’ work relied on elongation and Treatment Plant in the City of Buffalo, Min- is loving your work, Paul Sidney was one of distortion to create a sense of energy, power, nesota. Their fresh ideas earned them a place the most successful people I have ever grace, intensity, and fluidity. His art also fea- of honor in the American Council of Engineer- known. That irrepressible voice has fallen si- tures people with their closed eyes, reflecting ing Companies 2009 Engineering Excellence lent, but Paul and his achievements over the his sense, as he once expressed it, ‘‘we are Awards Competition. years at WLNG will always be remembered. blind to one another’s humanity.’’

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.016 E29APPT1 jbell on PROD1PC69 with REMARKS E1010 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2009 He was commissioned by the Los Angeles The people of Okaloosa County have many Whereas, Jordan Strickland always dis- Olympic Committee to provide paintings for reasons to be proud of Deputy Lopez, and I played sportsmanship on and off of the court; the Games and by the National Basketball As- am honored to be able to represent those now, therefore, be it sociation to commemorate its 50th anniver- people, as well as the memory of this brave Resolved, that along with his friends, family, sary. He was also commissioned to provide police officer. Vicki and I will keep his entire and the residents of the 18th Congressional paintings by the owners of the Los Angeles family, especially his wife, Michelle, and chil- District, I congratulate Jordan Strickland on Lakers, New Orleans Saints, Oakland Raiders, dren, Jesse, Erik, Madilyn, Jami, and Jake, winning the Boys’ Division IV State Basketball and the Boston Patriots. Carolina Panthers and grandson, Caleb, in our prayers. May God Championship. We recognize the tremendous owner Jerry Richardson, a teammate with the Bless Deputy Lopez and all of the officers hard work and sportsmanship he has dem- Baltimore Colts, commissioned Mr. Barnes to across this great country who courageously onstrated during the 2008–2009 basketball create the painting, ‘‘Victory in Overtime,’’ that protect their citizens and their communities. season. permanently hangs at the Charlotte football f stadium. f Mr. Barnes’ ability to capture the powerful FAST STARTS ACT OF 2009 energy and movement of sports earned him EARMARK DECLARATION ‘‘America’s Best Painter of Sports’’ by the HON. EARL BLUMENAUER American Sports Art Museum in 2004. OF OREGON In 2007, in a New York tribute exhibition IN THE HOUSE OF REPRESENTATIVES HON. HENRY E. BROWN, JR. sponsored by the National Football League Wednesday, April 29, 2009 OF SOUTH CAROLINA and Time Warner, Time Warner Chairman and Mr. BLUMENAUER. Madam Speaker, I CEO Richard D. Parsons said, ‘‘Imagine the IN THE HOUSE OF REPRESENTATIVES began work on the Portland Streetcar as a courage and determination it took for a work- Commissioner of the City of Portland. Our first Wednesday, April 29, 2009 ing class child from the segregated south in line opened on July 20, 2001, becoming the the 1940s to ignore all the naysayers and dare Mr. BROWN of South Carolina. Madam first modern streetcar system in North Amer- dream of becoming a successful artist.’’ Speaker, I submit the following: ica. It represents a remarkable local partner- Mr. Barnes’s work embodied his strong per- Requesting Member: HENRY E. BROWN, Jr. ship. I’m proud of its success. sonal beliefs and spirit, crossing political, ra- As a Member of Congress, I have cham- Bill Number: H.R. 1105 cial, and geographic boundaries. pioned streetcars at the federal level, intro- Account: Department of Education—Na- Madam Speaker, I ask that my colleagues ducing the Community Streetcar Development tional Projects, Innovation and Improvement join me in observing the passing of a great and Revitalization Act in 2003, which became American and one of the Nation’s foremost Af- Legal Name of Requesting Entity: Reading part of the Small Starts program and was in- rican American artists. We are blessed that is Fundamental cluded in SAFETEA–LU. Mr. Barnes helped raise our collective con- Unfortunately, the implementation of the Address of Requesting Entity: 1825 Con- sciousness and encouraged everyone to see Small Starts program failed to deliver any form necticut Ave. NW, Washington, DC 20009 the gifts and strengths in one another. We of federal partnership to our communities. Description of Request: Funding will be mourn his loss, celebrate his achievements, Communities across the country have strug- used for purposes authorized in Section 5451 and send our deepest condolences to his fam- gled to utilize the Small Starts program as the of the Elementary and Secondary Education ily. Federal Transit Administration delayed these Act. Reading Is Fundamental enhances child f projects. These delays have caused steep literacy by providing millions of underserved RECOGNITION OF THE PASSING OF cost increases and stalled worthy projects that children with free books for personal owner- DEPUTY BURTON LOPEZ, otherwise would generate investment and de- ship and reading encouragement from the OKALOOSA COUNTY SHERIFF’S velopment in these communities. more than 18,000 locations throughout all fifty DEPARTMENT The Fast Starts Act responds to the vast states, Washington, D.C., Guam, Puerto Rico, pent-up demand in communities around the and the U.S. Virgin Islands. HON. JEFF MILLER country caused by the prior administration’s Requesting Member: HENRY E. BROWN, Jr. obstruction and delay with regard to streetcar Bill Number: H.R. 1105 OF FLORIDA projects. It authorizes the Secretary of Trans- IN THE HOUSE OF REPRESENTATIVES portation to make grants to streetcar projects Account: Department of Education—Na- Wednesday, April 29, 2009 provided that they are supported by an ac- tional Projects, Innovation and Improvement Legal Name of Requesting Entity: Reach Mr. MILLER of Florida. Madam Speaker, I ceptable degree of local financial commitment, Out and Read National Center rise to honor Deputy Burton Lopez, Okaloosa have met all necessary environmental require- County Sheriff’s Department, who gave his life ments, and can be under construction not later Address of Requesting Entity: 56 Roland in the line of duty on April 25, 2009. Deputy than March 1, 2012. Street, Boston, MA 02129 Lopez served the Okaloosa Sheriff’s Depart- These bills will revitalize America’s neigh- Description of Request: Reach Out and ment with honor and distinction, and I am borhoods and urban spaces, while providing Read is a national program that promotes lit- humbled to recognize this American hero. transit options, reducing sprawl, and curtailing eracy and language development in infants Deputy Burton ‘‘Burt’’ Lopez began his ca- greenhouse gas emissions. I am looking for- and young children, targeting disadvantage reer in the United States Air Force, proudly ward to seeing a resurgence of streetcars and poor children and families. ROR has prov- serving for over twenty years before retiring as around the country and nowhere more so than en to among the most effective strategies to a sergeant. His career took him across the in Portland, Oregon. promote early language and literacy develop- world, including Northwest Florida’s own Eglin f ment and school readiness: pediatricians and Air Force base. He joined the Okaloosa Sher- A PROCLAMATION HONORING JOR- other healthcare providers guide and encour- iff’s Department shortly after his retirement, DAN STRICKLAND FOR WINNING age parents to read aloud to their children fulfilling a lifelong dream of becoming a police THE BOYS’ DIVISION IV STATE from their earliest years of their life, and send officer. His fellow officers knew him as a dedi- BASKETBALL CHAMPIONSHIP them home from each doctor visit with books cated public servant and a true family man and a prescription to read together. Currently, who loved serving his community. HON. ZACHARY T. SPACE nearly 50,000 doctors and nurses have been Deputy Lopez was killed when he and an- trained in ROR’s proven strategies, and more OF OHIO other patrol deputy went to apprehend a sus- than 3,500 clinics and hospitals nationwide are IN THE HOUSE OF REPRESENTATIVES pect during a domestic violence dispute. The implementing the program, reaching more gunman fired at the officers, fatally wounding Wednesday, April 29, 2009 than 25% of America’s at-risk-children. Fund- Deputy Lopez and a fellow officer. These two Mr. SPACE. Madam Speaker: ing provided by Congress through the U.S. deaths mark only the second and third Whereas, Jordan Strickland showed hard Department of Education has been matched Okaloosa Sheriff’s deputies to ever be killed in work and dedication to the sport of basketball; by tens of millions of dollars from the private the line of duty, a truly sad, but powerful testa- and sector and state governments. Program has ment to the quality of the entire Sheriff’s De- Whereas, Jordan Strickland was a sup- benefited over 18,000 children in the First Dis- partment. portive team player; and trict.

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.019 E29APPT1 jbell on PROD1PC69 with REMARKS April 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1011 HONORING BOY SCOUT TROOP 72 A retired farmer, Mr. Millikin serves today as TRIBUTE TO MR. D. M. (DENNY) a deacon of the Rose Hill Baptist Church. He SAMUEL HON. ALLYSON Y. SCHWARTZ has served in this capacity for 58 years. OF PENNSYLVANIA In addition, his hobbies include watching his HON. JIM COSTA IN THE HOUSE OF REPRESENTATIVES favorite baseball team, Los Angeles Dodgers, OF CALIFORNIA Wednesday, April 29, 2009 and following the news. IN THE HOUSE OF REPRESENTATIVES Mr. Millikin is a friend to many, and is Ms. SCHWARTZ. Madam Speaker, I rise Wednesday, April 29, 2009 deemed a gracious and hardworking person to today to honor and congratulate Boy Scout Mr. COSTA. Madam Speaker, today I would all who have had the privilege of making his Troop 72 on achieving an important milestone, like to pay tribute to Mr. D. M. Samuel on his acquaintance. its 75th anniversary. Originally chartered on retirement with 42 years of service with Chev- April 16, 1934, Troop 72 has turned hundreds Friends and family of Mr. Milliken will gather ron Corporation of California. of young men into community leaders, fulfilling on May 24, 2009 to celebrate this momentous Denny joined Chevron in 1967 and moved the Boy Scouts of America mission to build birthday. extensively throughout North America in the character in young men and train them to be- I ask my colleagues to join me in wishing marketing department. As sales manager in come responsible citizens engaged in physical Mr. Adam Millikin, Jr. a very happy 100th Puerto Rico, and marketing manager in Can- fitness and community development activities. birthday. ada, he was successful in notable advance- Troop 72 is in the Washington District of the ments in Chevron’s return to stockholder in- Cradle of Liberty Council of the Boy Scouts of f vestment. He has been Chevron’s legislative America. The chartering organization, the advocate in Florida, Washington, Oregon, Roychester Community House in the Overlook IN HONOR OF ROBLEY REX Idaho, and California. Hills neighorhood of Abington Township, has Most recently, Denny has served as chief provided a home for the young men of Troop advocate for the company in Sacramento, 72 for many years. HON. JOHN A. YARMUTH serving as Chevron’s lead with the California Since its inception, 175 boys from the Troop OF KENTUCKY State Legislature and several governorships have attained the coveted Eagle Scout des- for more than 20 years. In this capacity, he IN THE HOUSE OF REPRESENTATIVES ignation, Scouting’s highest award. Each has been a true leader within the business project that has propelled these young men to- Wednesday, April 29, 2009 lobbying community. He has served on the ward the achievement of the rank of Eagle Government Affairs Committee of the Cali- Scout has had an incredible impact on the Mr. YARMUTH. Madam Speaker, I rise fornia Manufacturers and Technology Associa- betterment of the community. While success- today to honor Robley Rex, an American Hero tion, and is the outgoing chairman of the fully fulfilling the mission of the Boy Scouts of from my home town of Louisville, KY, who Western States Petroleum Association’s Cali- America to train young men to become re- peacefully passed away just days away from fornia Petroleum Resource Group. Denny has sponsible, engaged citizens, Troop 72 has his 108th birthday. Mr. Rex always disputed been honored by both parties recently, as the also successfully established strong ties to its the fact that he was a hero. He said he was top business lobbyist in the State; by the town. Troop 72’s annual food drive collects only doing his duty, but to the people of Ken- Latino Caucus with a Lifetime Achievement thousands of canned goods each year. tucky, we simply can’t see it any other way. Award; and by many peers and leaders in The Troop’s active and committed adult The area’s last surviving World War I era Sacramento and an honest and hard working leadership implement outreach, advocacy and veteran served with the Army in Europe at the advocate on behalf of California’s largest com- fundraising activities to strengthen the Troop’s end of the Great War. He remained with the pany, Chevron. enduring presence and serve as positive role Army for four years, but he retained a commit- Denny is a solid citizen. He has served on models for these young men. Over the past 75 ment to serve for the rest of his life. He served the boards of many community and industry years, Troop 72 has served as a powerful cat- as chaplain of the Okolona VFW until his organizations including the Sacramento Child alyst, encouraging young men to make ethical death and logged more than 13 thousand vol- Abuse Prevention Council and served as and moral decisions and shaping them into unteer hours at the Louisville VA hospital— chairman of the River Oaks Center for Chil- productive, engaged citizens. I am honored to since his 85th birthday. dren. He is known for his compassion and will- represent this organization’s leadership and Still, what made Mr. Rex special to us isn’t ingness to help others. members in Congress. the quantity of hours or years—though there Samuel graduated from the University of Madam Speaker, I ask that my colleagues were many of both—but the quality of his time. Washington, did post graduate studies at join me in celebrating the 75th anniversary The veterans who had the good fortune to Golden Gate University, and received his mas- milestone of Boy Scout Troop 72 and wishing spend some time with him, during his many ter’s in business administration (MBA) from the Troop and its members many more years visits to the VA Hospital, spoke with a man Pepperdine University. of community enrichment and service. who not only shared their experience but also Samuel enjoys golf and fishing and resides f helped blaze the trail for their service. For with his wife and mother of four, Fran, in those brave men and women who served their Loomis, CA. CONGRATULATING MR. ADAM country and received treatment for illness or I congratulate Denny on his retirement and MILLIKIN, JR. ON THE OCCASION injury, the ubiquitous smile of Robley Rex thank him for his diligent service to the energy OF HIS 100TH BIRTHDAY made a world of difference when working to- industry, particularly in the great State of Cali- ward recovery. He tried to cheer them up, he’d fornia. HON. RODNEY ALEXANDER say. And if you ask anyone he encountered, f OF LOUISIANA you’ll hear that he succeeded. CONGRATULATING EVERETTE IN THE HOUSE OF REPRESENTATIVES Today, it’s difficult to imagine a time when BROWN ON BEING DRAFTED BY Wednesday, April 29, 2009 America was not yet the most powerful nation THE CAROLINA PANTHERS Mr. ALEXANDER. Madam Speaker, it is in the world, when the military might of United with great pride and pleasure that I rise to States was in question. Robley Rex served at HON. G. K. BUTTERFIELD a time when our states had been reunited for honor Mr. Adam Millikin, Jr. on the occasion of OF NORTH CAROLINA little over five decades and the road ahead lay his 100th birthday. IN THE HOUSE OF REPRESENTATIVES Mr. Millikin was born on May, 12, 1909 in in question. It was on the will, courage, and East Carroll Parish, and is currently a proud determination of soldiers like Robley Rex that Wednesday, April 29, 2009 resident of Lake Providence, La. In addition, the future of the United States was secured. Mr. BUTTERFIELD. Madam Speaker, I rise Mr. Millikin and his late beloved wife were the Whether he admitted it or not, Madam Speak- to congratulate and recognize a young man proud parents of 10 children. er, he was a treasure to our community, a true from my hometown who was selected in last Truly an integral part of Louisiana history, American Hero, and he will not be forgotten. weekend’s National Football League draft. The Mr. Millikin’s fascination with politics has deep I am humbled by his life’s service, thankful Carolina Panthers selected Everette Brown, a roots. He was just one of four males who first for all he did, and I know my colleagues will graduate of Wilson, North Carolina’s obtained the right to vote in East Carroll Par- join me in honoring the life and legacy of Beddingfield High School and Florida State ish. Robley Rex. University.

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.011 E29APPT1 jbell on PROD1PC69 with REMARKS E1012 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2009 Mr. Brown was the Seminoles starter at the who has received the Arvada Wheat Ridge FEDERAL STREETCAR right defensive end position in each of the 13 Service Ambassadors for Youth award. Levi REVITALIZATION ACT games during the 2008 regular season, and Lockling is a 7th grader at Wheat Ridge Mid- he was a finalist for the Ted Hendricks Award dle School and received this award because HON. EARL BLUMENAUER as the Nation’s top defensive end. And, after his determination and hard work have allowed OF OREGON leading the Nation in tackles for a loss, Mr. him to overcome adversities. IN THE HOUSE OF REPRESENTATIVES Brown was named to the All-Atlantic Coast The dedication demonstrated by Levi Wednesday, April 29, 2009 Conference football first-team and runner-up as the ACC Player of the Year. Lockling is exemplary of the type of achieve- Mr. BLUMENAUER. Madam Speaker, the In addition to his tremendous play on the ment that can be attained with hard work and Federal Streetcar Revitalization Act creates a field, Mr. Brown has been a leader when it perseverance. It is essential that students at transportation investment program that, under comes to community service. He has donated all levels strive to make the most of their edu- a competitive program, offers grants to transit his time freely, volunteering at schools, The cation and develop a work ethic that will guide projects. These projects must be justified Able Trust, MDA Summer Camp, Tallahassee them for the rest of their lives. based on a review of their effects on local economic development, land use, travel pat- Seminole Club, Dick Howser Center for Child- I extend my deepest congratulations once terns, and greenhouse gas reduction potential. hood Services, Life Skills Center and Read again to Levi Lockling for winning the Arvada Across America, among many others. This program will unlock streetcar invest- Wheat Ridge Service Ambassadors for Youth ments across the country and will fulfill the Madam Speaker, my community is ex- award. I have no doubt he will exhibit the tremely proud of this young man and I ask you promise of the Community Streetcar Develop- same dedication he has shown in his aca- ment and Revitalization Act that I introduced in to join me in congratulating him on his accom- demic career to his future accomplishments. plishments. We must also recognize Mr. 2003 and which later became part of the Small Starts program in SAFETEA–LU. Unfor- Brown’s parents, Odell and Jenai, on raising f this fine young man. I know they must be so tunately, the implementation of the Small Starts program failed to deliver any form of proud and pleased that he will be playing his RECOGNITION OF THE PASSING OF games so close to home. federal partnership to our communities. Com- DEPUTY WARREN YORK, munities across the country have struggled to f OKALOOSA COUNTY SHERIFF’S utilize the Small Starts program as the Federal CONGRATULATING MARTHA DEPARTMENT Transit Administration delayed these projects. BUFFINGTON, TEACHER SE- These delays caused steep cost increases LECTED TO ATTEND 2009 and stalled worthy projects that otherwise MICKELSON EXXONMOBIL HON. JEFF MILLER would generate investment and development TEACHERS ACADEMY OF FLORIDA in these communities. For an example of the benefits of streetcar HON. RODNEY ALEXANDER IN THE HOUSE OF REPRESENTATIVES systems, the Portland Streetcar opened on OF LOUISIANA Wednesday, April 29, 2009 July 20, 2001, becoming the first modern IN THE HOUSE OF REPRESENTATIVES streetcar system in North America. This sys- Mr. MILLER of Florida. Madam Speaker, I tem has created jobs and spurred develop- Wednesday, April 29, 2009 rise to honor Deputy Warren York, Okaloosa ment along the streetcar corridor. In fact, the Mr. ALEXANDER. Madam Speaker, it is County Sheriff’s Department, who gave his life Portland Streetcar has spurred $3.5 billion in with great pride that I rise today to commend in the line of duty on April 25, 2009. Deputy new development in downtown Portland. The Martha Buffington, a teacher at A.L. Smith El- York served the Okaloosa Sheriff’s Depart- streetcar system also provides tremendous ementary for being selected to attend the ment with honor and distinction, and I am environmental benefits. The Portland Streetcar 2009 National Mickelson ExxonMobil Teachers humbled to recognize this American hero. is one reason that vehicle miles traveled per Academy. capita have declined by 6% since 1990 in Martha is one of 200 highly-qualified third- Deputy Warren ‘‘Skip’’ York served his Portland, Oregon. Providing sustainable trans- through fifth-grade teachers from around the country for over 20 years in the U.S. Air portation options to our communities can sig- country selected to attend the intensive pro- Force. A highly decorated airman, Skip joined nificantly reduce our carbon footprint. fessional development program this summer. the Okaloosa Sheriff’s Department upon his These bills will revitalize America’s neigh- She was chosen from more than 1,600 retirement from military service and has brave- borhoods and urban spaces, while providing teachers nationwide by a panel of educators ly protected his community as a patrol deputy transit options, reducing sprawl, and curtailing from the National Council of Teachers of ever since. He could often be seen riding greenhouse gas emissions. I am looking for- Mathematics (NCTM) and the National around northwest Florida on his Harley-David- ward to seeing a resurgence of streetcars Science Teachers Association (NSTA). Their son as part of the Blue Knights Motorcycle around the country. selection criteria was based on Martha’s re- Club or attending church services at St. Mi- f markable qualifications, unyielding dedication chael’s of Eglin Air Force Base. Skip will be to inspiring students at an early age, as well remembered by all who knew him for his great KATERINA KUBLITSKAYA as her overall commitment to enhancing the attitude and caring personality. teaching profession. HON. ED PERLMUTTER The ExxonMobil Teachers Academy is de- Deputy York was killed when he and an- OF COLORADO signed to further help each selected partici- other patrol deputy went to apprehend a sus- IN THE HOUSE OF REPRESENTATIVES pect during a domestic violence dispute. The pant to engage students in math and science, Wednesday, April 29, 2009 and to help retain their interest in these sub- gunman fired at the officers, fatally wounding jects through college and into their careers. Deputy York and a fellow officer. These two Mr. PERLMUTTER. Madam Speaker, I rise I ask my colleagues to join me in congratu- deaths mark only the second and third today to recognize and applaud Katerina lating Martha Buffington for being accepted Okaloosa Sheriff’s deputies to ever be killed in Kublitskaya who has received the Arvada into the ExxonMobil Teachers Academy. Mar- the line of duty, a truly sad, but powerful testa- Wheat Ridge Service Ambassadors for Youth tha is an excellent teacher who is truly deserv- ment to the quality of the entire Sheriff’s De- award. Katerina Kublitskaya is a senior at Ar- ing of this recognition. partment. vada High School and received this award be- cause her determination and hard work have f The people of Okaloosa County have many allowed her to overcome adversities. LEVI LOCKLING reasons to be proud of Deputy York, and I am The dedication demonstrated by Katerina honored to be able to represent those people, Kublitskaya is exemplary of the type of HON. ED PERLMUTTER as well as the memory of this brave patrol- achievement that can be attained with hard man. Vicki and I will keep his entire family, es- OF COLORADO work and perseverance. It is essential that stu- pecially his wife, Janel, and his son, Michael, IN THE HOUSE OF REPRESENTATIVES dents at all levels strive to make the most of in our prayers. May God bless Deputy York their education and develop a work ethic that Wednesday, April 29, 2009 and all of the officers across this great country will guide them for the rest of their lives. Mr. PERLMUTTER. Madam Speaker, I rise who courageously protect their citizens and I extend my deepest congratulations once today to recognize and applaud Levi Lockling their communities. again to Katerina Kublitskaya for winning the

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.024 E29APPT1 jbell on PROD1PC69 with REMARKS April 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1013 Arvada Wheat Ridge Service Ambassadors for RECOGNIZING NICHOLAS EVER- IN HONOR OF MADISON DEVON Youth award. I have no doubt she will exhibit ETTS, AMERICAN LEGION DE- DODGE the same dedication she has shown in her PARTMENT OF ARIZONA academic career to her future accomplish- ORATORACLE CONTEST 1ST RUN- HON. MICHAEL N. CASTLE ments. NER UP OF DELAWARE IN THE HOUSE OF REPRESENTATIVES f HON. HARRY E. MITCHELL Wednesday, April 29, 2009 RECOGNIZING MADDESON OF ARIZONA Mr. CASTLE. Madam Speaker, it is with ELIZABETH BILLMEYER IN THE HOUSE OF REPRESENTATIVES great pleasure that I rise today to recognize Ms. Madison Devon Dodge for her efforts in HON. BRUCE L. BRALEY Wednesday, April 29, 2009 the fight against diabetes and her profound impact on the lives of thousands of individuals OF IOWA Mr. MITCHELL. Madam Speaker, I rise who suffer from the disease. today to congratulate Nicholas Everetts of IN THE HOUSE OF REPRESENTATIVES From May 2 to 5, 2009, Madison Dodge will Fountain Hills, Arizona, who was chosen to be honored here, in Washington, D.C., at the Wednesday, April 29, 2009 represent his area in the recent Constitutional 14th Annual Prudential Spirit of Community Speech Contest held by the American Legion Mr. BRALEY of Iowa. Madam Speaker, I Awards. I find Madison’s accomplishments Oratorical Scholarship Program. This competi- rise today to recognize the courage and re- over the last eight years, although she is only tion is sponsored by the American Legion to solve of Maddeson Elizabeth Billmeyer. thirteen years old, beyond extraordinary. She promote a broader appreciation and under- Maddeson went to the hospital after falling on has raised in excess of $40,000 for diabetes standing of the Constitution. the ice this past winter. During her hospital research and treatment since she began vol- visit, a tumor was detected and diagnosed. Nicholas won his local contest in the Phoe- unteering in 2001. I am confident that she will This fall was a blessing in disguise, as it al- nix area, and then moved on to compete in not only continue to raise money to fight dia- lowed for her to be diagnosed sooner rather the state competition with students from all betes, but more importantly, that she will con- than later. over Arizona. As a sophomore at Fountain tinue to bring hope to those suffering from dia- Maddeson was diagnosed with Ewing Sar- Hills High School and the youngest participant betes and impact their individual lives in coma which has only about 150 cases re- in the state contest, Nicholas proved his ability meaningful ways. ported each year. This rare cancer has spread and validated his hard work by placing sec- To promote her fight against diabetes, Madi- to both lungs. The cancer will be treated with ond. son familiarized herself with Washington D.C. 6 sessions of chemotherapy, followed by sur- As a member of the Committee on Vet- at an early age. She has met with numerous gery to remove the tumor and any remaining erans’ Affairs, I commend Nicholas for his par- congressman and senators to keep them in- cancer. Maddeson will then continue with ticipation in this competition, and his active formed about the challenges associated with chemotherapy for a minimum of 42 weeks. role in the veterans’ community. In his speech, this debilitating disease. She also holds the Maddeson is only 6 years old and is in the Nicholas insightfully noted that ‘‘the treason distinct honor of being named a two-time process of dealing with a terrible disease. that our forefathers committed when signing Delaware delegate to the Call to Congress Maddeson and her family have a difficult road the Declaration of Independence has led us to program. Additionally, Madison was invited to ahead of them and they need community sup- live in such a great country.’’ I am confident attend a recent House Education and Labor port. The Billmeyer family needs emotional, that we will see great things from Nicholas in Committee hearing entitled Renewing America educational, and practical support from their the future, and I gratefully wish him well in his through National Service and Volunteerism to family and friends. future endeavors. discuss and examine the importance of na- I want to use this unfortunate circumstance Madam Speaker, please join me in recog- tional service in meeting some of our country’s as an opportunity to promote childhood cancer nizing Nicholas Everetts for his success in the critical economic needs, at which I had the op- awareness, and the need for childhood cancer Constitutional Speech Contest, and his dedi- portunity to highlight her volunteer work. In education. Ours thoughts and prayers are with cation to America’s veterans. Delaware, she takes part in several fund- Maddeson Billmeyer and her family. raisers every year such as her biannual Skate f 4 A Cure, Dinners for Diabetes, and other f events including raffles and craft sales. It is in- JENIFER LUNDE spiring to see that such a young lady can be JOSH LOBATO so passionate about this worthy cause and HON. ED PERLMUTTER demonstrate her passion so vigorously on a HON. ED PERLMUTTER daily basis. As the co-chair of the Congres- OF COLORADO OF COLORADO sional Diabetes Caucus, I personally under- IN THE HOUSE OF REPRESENTATIVES stand how important her mission is to Mem- IN THE HOUSE OF REPRESENTATIVES bers of Congress, as well the countless fami- Wednesday, April 29, 2009 Wednesday, April 29, 2009 lies impacted by diabetes. I would like to thank Ms. Madison Dodge for Mr. PERLMUTTER. Madam Speaker, I rise Mr. PERLMUTTER. Madam Speaker, I rise her years of service to the men and women today to recognize and applaud Josh Lobato today to recognize and applaud Jenifer Lunde suffering from diabetes, as well as our greater who has received the Arvada Wheat Ridge who has received the Arvada Wheat Ridge community here in the State Delaware. I am Service Ambassadors for Youth award. Josh Service Ambassadors for Youth award. Jenifer confident that her Prudential Spirit of Commu- Lobato is a 7th grader at Oberon Middle Lunde is a senior at Jefferson High School nity Award will only inspire her to help more School and received this award because his and received this award because her deter- people and strengthen her resolve in the fight determination and hard work have allowed him mination and hard work have allowed her to against diabetes. to overcome adversities. overcome adversities. The dedication demonstrated by Josh The dedication demonstrated by Jenifer f Lobato is exemplary of the type of achieve- Lunde is exemplary of the type of achieve- DENISE LOYA ment that can be attained with hard work and ment that can be attained with hard work and perseverance. It is essential that students at perseverance. It is essential that students at HON. ED PERLMUTTER all levels strive to make the most of their edu- all levels strive to make the most of their edu- OF COLORADO cation and develop a work ethic that will guide cation and develop a work ethic that will guide IN THE HOUSE OF REPRESENTATIVES them for the rest of their lives. them for the rest of their lives. I extend my deepest congratulations once I extend my deepest congratulations once Wednesday, April 29, 2009 again to Josh Lobato for winning the Arvada again to Jenifer Lunde for winning the Arvada Mr. PERLMUTTER. Madam Speaker, I rise Wheat Ridge Service Ambassadors for Youth Wheat Ridge Service Ambassadors for Youth today to recognize and applaud Denise Loya award. I have no doubt he will exhibit the award. I have no doubt she will exhibit the who has received the Arvada Wheat Ridge same dedication he has shown in his aca- same dedication she has shown in her aca- Service Ambassadors for Youth award. Denise demic career to his future accomplishments. demic career to her future accomplishments. Loya is a senior at Jefferson High School and

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.015 E29APPT1 jbell on PROD1PC69 with REMARKS E1014 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2009 received this award because her determination his contributions to our lives in Chesapeake importantly, that she will continue to impact in- and hard work have allowed her to overcome will live on for generations. dividual’s lives in profound and meaningful adversities. f ways. The dedication demonstrated by Denise I would like to thank Ms. Amy Liu for her Loya is exemplary of the type of achievement BRYCE LANGE service to the men and women who suffered that can be attained with hard work and perse- in China after the May 2008 earthquake, as verance. It is essential that students at all lev- HON. ED PERLMUTTER well as for her continual service within our els strive to make the most of their education OF COLORADO greater community in the State of Delaware. I and develop a work ethic that will guide them IN THE HOUSE OF REPRESENTATIVES am confident that her Prudential Spirit of Com- for the rest of their lives. Wednesday, April 29, 2009 munity Award will only inspire her further to I extend my deepest congratulations once help more people and act as an even larger again to Denise Loya for winning the Arvada Mr. PERLMUTTER. Madam Speaker, I rise and more prominent role model for the young Wheat Ridge Service Ambassadors for Youth today to recognize and applaud Bryce Lange and old in our community. award. I have no doubt she will exhibit the who has received the Arvada Wheat Ridge f same dedication she has shown in her aca- Service Ambassadors for Youth award. Bryce demic career to her future accomplishments. Lange is a senior at Faith Christian Academy ANNA LAZIO f and received this award because his deter- mination and hard work have allowed him to HON. ED PERLMUTTER TRIBUTE TO SID OMAN overcome adversities. OF COLORADO The dedication demonstrated by Bryce IN THE HOUSE OF REPRESENTATIVES Lange is exemplary of the type of achieve- HON. J. RANDY FORBES Wednesday, April 29, 2009 OF VIRGINIA ment that can be attained with hard work and IN THE HOUSE OF REPRESENTATIVES perseverance. It is essential that students at Mr. PERLMUTTER. Madam Speaker, I rise all levels strive to make the most of their edu- today to recognize and applaud Anna Lazio Wednesday, April 29, 2009 cation and develop a work ethic that will guide who has received the Arvada Wheat Ridge Mr. FORBES. Madam Speaker, I rise today them for the rest of their lives. Service Ambassadors for Youth award. Anna to pay tribute to Mr. Sid Oman, who was 81 I extend my deepest congratulations once Lazio is an 8th grader at Moore Middle School when he passed away on Monday, April 27, again to Bryce Lange for winning the Arvada and received this award because her deter- 2009. Wheat Ridge Service Ambassadors for Youth mination and hard work have allowed her to America lost a political icon with the death award. I have no doubt he will exhibit the overcome adversities. of Sid Oman. Sid will certainly be remembered same dedication he has shown in his aca- The dedication demonstrated by Anna Lazio for both his successful business and political demic career to his future accomplishments. is exemplary of the type of achievement that careers. Nationally, he was recognized by f can be attained with hard work and persever- President Reagan for his role in the War on ance. It is essential that students at all levels Drugs, and he was widely known for being IN HONOR OF AMY LIU strive to make the most of their education and elected to serve as mayor of two cities in dif- develop a work ethic that will guide them for ferent states, Chesapeake, Virginia and Eliza- HON. MICHAEL N. CASTLE the rest of their lives. beth City, North Carolina. OF DELAWARE I extend my deepest congratulations once From the beginning, Sid Oman planned to IN THE HOUSE OF REPRESENTATIVES again to Anna Lazio for winning the Arvada be a funeral director. He founded his own Wednesday, April 29, 2009 Wheat Ridge Service Ambassadors for Youth business—Oman Funeral Homes—and he set award. I have no doubt she will exhibit the the standard for the way in which he ran his Mr. CASTLE. Madam Speaker, it is with same dedication she has shown in her aca- business. He served as President of both the great pleasure that I rise today to recognize demic career to her future accomplishments. Virginia Funeral Directors Association and the Ms. Amy Liu for establishing the Sichuan f Tidewater Funeral Directors Association. His Earthquake Relief Fund and raising over business reputation led to his role as the di- $43,000 to aid victims of the earthquake that CONGRESSWOMAN SPEIER EN- rector of General Douglas MacArthur’s funeral struck south-central China in May 2008. COURAGES ORGAN AND TISSUE in 1964. From May 2 to 5, 2009, Amy Liu will be DONATION REGISTRATION Sid was so much more than a funeral direc- honored here, in Washington, D.C., at the tor. He was a Marine, a Sunday school teach- 14th Annual Prudential Spirit of Community HON. JACKIE SPEIER er, a marriage commissioner, and he played a Awards. The efforts of Ms. Liu in her attempt OF CALIFORNIA leadership role in numerous civil groups com- to aid those devastated by the disaster in IN THE HOUSE OF REPRESENTATIVES mitted to the communities in which he lived China are remarkable in and of themselves. and worked every day, including business, Amy founded, organized, and led a month Wednesday, April 29, 2009 health care, education, and service organiza- long fundraising effort that sent more than Ms. SPEIER. Madam Speaker, today, 17 tions. $20,000 directly to the Chinese Red Cross, Americans awaiting organ transplants will die Sid was deeply engaged in connecting with where it was redistributed for disaster relief because a suitable donor was not available. citizens and friends in the community through and rebuilding. I find Amy’s accomplishments These will be our mothers, fathers, children, technology and media. He hosted weekly TV in this situation to be absolutely extraordinary. and friends—some of the 100,000 of our fel- and radio shows, including ‘‘The Sounding Not only did she raise an incredible amount of low Americans on the national organ trans- Board,’’ ‘‘The Vantage Point,’’ ‘‘Call to City money to help people in dire need, she served plant waiting list. Hall,’’ and ‘‘Mayor’s Report.’’ as an exemplary role model for her peers in But unlike so many threats that are out of In his later years, Sid’s personal battle with the process. our control, this is something that each of us cancer and his resilient commitment to ensur- Ms. Liu has also volunteered at the First can change simply by signing up with your ing access to cancer treatment for others re- State Chinese School, the A.I. DuPont Hos- state program. sulted in Chesapeake General Hospital nam- pital, the Brandywine Hundred Library, and the Volunteering to be an organ or tissue donor ing its Cancer Treatment Center in his honor. Stand Up for What is Right and Just program. is a simple, painless, and selfless act of love At home, Sid was the proud husband of Lil- In addition, Amy was a guest of mine at a re- and generosity, the impact of which cannot be lian Callis Oman since 1947. He had two chil- cent House Education and Labor Committee understated. A single organ donation can save dren—his daughter Susan, and his son, Rob- hearing entitled Renewing America through up to 8 lives and the donation of one person’s ert, who followed his father’s footsteps into the National Service and Volunteerism to discuss tissue can save the lives of up to 50 others. funeral business. and examine the importance of national serv- Each year, 28,000 men, women and children However, for Chesapeake residents he rep- ice in meeting some of our country’s critical are saved through organ donation. Despite the resents the personification of the office of economic needs. At the hearing, I had the op- 80 million of us who are enrolled in state Mayor, an office he officially held for six years, portunity to highlight Amy’s exemplary commu- donor registries, there is still a need for more. but for which he was known for the remainder nity service. I am confident that Amy will not Sadly, one-third of those on the national of his life. Sid’s love for people and his city will only continue to volunteer and serve the Dela- transplant waiting list will likely run out of time not soon be forgotten or easily replaced, and ware community and people in need, but more before a donor is found.

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.018 E29APPT1 jbell on PROD1PC69 with REMARKS April 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1015 Madam Speaker, in honor of National Do- ment required ‘‘the United States Sentencing a culvert. His body had caught a sewage drain nate Life Month, I urge my colleagues, my Commission shall study the issue of adult re- on the side of the road resulting in Byrd’s de- constituents and my fellow Americans to reg- cruitment of juveniles to commit hate crimes capitation. ister as organ and tissue donors. and shall report such findings back to the King, Berry, and Brewer dumped their vic- f Congress within 180 days.’’ If this language tim’s mutilated remains in the town’s black was included in the present bill, it would only cemetery, and then went to a barbecue. A ALEXANDRA LOGAN serve to strengthen it and make it better. The wrench inscribed with ‘‘Berry’’ was found with- amendment language was intended to gather in the area along with a lighter that had ‘‘Pos- HON. ED PERLMUTTER information on adults that solicit and use youth sum’’ written on it, which was King’s prison OF COLORADO in the commission of hate crimes. This issue nickname. IN THE HOUSE OF REPRESENTATIVES arises with respect to hate groups such as the The next morning, Byrd’s limbs were scat- tered across a very little-used road. The police Wednesday, April 29, 2009 Skinheads, Neo-Nazis, KKK, and other similar type groups. found 75 places littered with Byrd’s remains. Mr. PERLMUTTER. Madam Speaker, I rise H.R. 1913 is legislation aimed at combating State law enforcement officials along with Jas- today to recognize and applaud Alexandra hate crimes. Because the bill addresses hate per’s District Attorney Guy James Gray and Logan who has received the Arvada Wheat crimes, it is necessary to define the criminal Assistant Pat Hardy determined that since Ridge Service Ambassadors for Youth award. actions that constitute a hate crime in the first King and Brewer were well-known white su- Alexandra Logan is a senior at Wheat Ridge instance. The definition is straightforward. premacists, the murder was a hate crime, and High School and received this award because Hate crimes involve the purposeful selection of decided to bring in the FBI less than 24 hours her determination and hard work have allowed victims for violence and intimidation based after the discovery of Byrd’s remains. One of her to overcome adversities. upon their perceived attributes. Such targeting Byrd’s murderers, John King, had a tattoo de- The dedication demonstrated by Alexandra for violence removes these actions from the picting a black man hanging from a tree, and Logan is exemplary of the type of achieve- protected area of free expression of belief and other tattoos such as Nazi symbols, the words ment that can be attained with hard work and speech as enshrined in the First Amendment ‘‘Aryan Pride,’’ and the patch for the Confed- perseverance. It is essential that students at to the United States Constitution. The crimes erate Knights of America, a gang of white su- all levels strive to make the most of their edu- are investigated and prosecuted at both the premacist inmates. In a jailhouse letter to cation and develop a work ethic that will guide Federal and State and local level, depending Brewer which was intercepted by jail officials, them for the rest of their lives. upon the facts of the case and the needs of King expressed pride in the crime and said he I extend my deepest congratulations once the investigation. realized he might have to die for committing it. again to Alexandra Logan for winning the Ar- For those individuals that will ask why this ‘‘Regardless of the outcome of this, we have vada Wheat Ridge Service Ambassadors for law is necessary, let me remind of a few inci- made history. Death before dishonor. Sieg Youth award. I have no doubt she will exhibit dents that have occurred in recent memory Heil!’’, King wrote. the same dedication she has shown in her that demonstrate that this bill is indeed nec- An officer investigating the case also testi- academic career to her future accomplish- essary. fied that witnesses said King referenced The ments. Texas’ violent history dates to the late 19th Turner Diaries after beating Byrd. f century when it was among the South’s most Brewer and King were sentenced to death. lynch-prone states. At least 355 people, most Berry received life in prison. LOCAL LAW ENFORCEMENT HATE of them blacks, died in Texas mob violence THE PERPETRATORS CRIMES PREVENTION ACT OF 2009 between 1889 and 1918. John King—accused of beating Byrd with a Laws outlawing mob and less lethal hate SPEECH OF bat and then dragging him behind a truck until crimes have since been passed, but incidents he died. King had previously claimed to have HON. SHEILA JACKSON-LEE with possible racial components have contin- been gang-raped in prison by black prisoners OF TEXAS ued to occur—even in Jasper, a city with a and, although he had no previous record of IN THE HOUSE OF REPRESENTATIVES black mayor and a population that is 45 per- racism, had joined a white-supremacist prison Wednesday, April 29, 2009 cent African-American. gang, allegedly for self-protection. The testi- In Texas, Austin came in fourth among cit- mony phase of his trial started in Jasper, Ms. JACKSON-LEE of Texas. Mr. Speaker, ies in the number of hate crimes reported in Texas on February 16, 1999. He was found I rise today in strong support of H.R. 1913, the 2006, according to a FBI compilation that can- guilty of kidnapping and murder on February Local Law Enforcement Hate Crimes Preven- vassed agencies representing 85 percent of 23 and was sentenced to death on February tion Act of 2009. I would like to thank Chair- the nation’s population. Documented are 7,722 25. man CONYERS of the House Judiciary Com- criminal incidents involving 9,080 offenses re- Lawrence Russell Brewer—another white mittee for his leadership in bringing this timely sulting from bias against race, religion, sexual supremacist convicted of murdering Byrd. legislation to the floor. H.R. 1913 will provide orientation, ethnicity/national origin, or physical Prior to the Byrd murder, Brewer had served assistance to state and local law enforcement or mental disability. Of 5,449 ‘‘crimes against a prison sentence for drug possession and and amend federal law to streamline the in- persons’’, intimidation accounted for 46 per- burglary, and he was paroled in 1991. After vestigation and prosecution of hate crimes. cent of hate crimes, simple assault 32 percent, violating the parole in 1994, he was sent back The key element of the bill is its expansion of and aggravated assault 21.6 percent. Three to prison. According to his court testimony, he federal jurisdiction to cover crimes motivated murders and six rapes were reported. The re- joined a white supremacist gang with King in by bias against a victim’s perceived sexual ori- port lists offenders as 58.6 percent white, 20.6 order to safeguard himself from other pris- entation, gender, gender identity or disability. percent black, 12.9 percent race unknown, oners. A state psychiatrist testified that Brewer This legislation would make tremendous and the rest as other races. did not appear repentant for his crimes. In the strides in garnering the civil and human rights JAMES BYRD end, Brewer was also sentenced to death. of all Americans. Its passage would secure the Let me remind you of James Byrd. On June Shawn Allen Berry—The driver of the truck, equal protection of all Americans under the 7, 1998, Byrd, 49, accepted a ride from three Berry was the most difficult to convict of the law. It is a landmark and long overdue piece men named Shawn Allen Berry, Lawrence three defendants because there was a lack of of legislation. Russell Brewer, and John William King. He evidence to suggest that he himself was a rac- This is an important bill and I have intro- had already known one of them. Instead of ist. He had also claimed that his two compan- duced similar legislation in this and prior Con- taking him home, the three men beat Byrd be- ions were entirely responsible for the crime. gresses. While I support this bill and urge my hind a convenience store, chained him by the Brewer testified that it was Berry who cut colleagues to support this bill I am dis- ankles to their pickup truck, stripped the man Byrd’s throat before he was tied to the truck, appointed that the bill did not include my naked, and dragged him for three miles. Al- but the jury decided that there was little evi- amendment which I offered last Congress. though Lawrence Russell Brewer said that dence to indicate this. As a result, Berry was MY AMENDMENT LANGUAGE IN H.R. 1592 Byrd’s throat had been slashed before he was spared the death penalty and given a life sen- Last Congress, I offered an amendment to dragged, forensic evidence suggests that Byrd tence in prison. H.R. 1592, the legislation that was introduced had been attempting to keep his head up, and MATTHEW SHEPARD last term. My amendment was accepted by an autopsy suggested that Byrd was alive for Matthew Wayne Shepard was a student at unanimous consent by the members of the Ju- much of the dragging and died after his right the University of Wyoming who was tortured diciary Committee. Specifically, my amend- arm and head were severed when his body hit and subsequently murdered near Laramie,

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K29AP8.029 E29APPT1 jbell on PROD1PC69 with REMARKS E1016 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2009 Wyoming. He was attacked on the night of McKinney nor Henderson was under the influ- Still, Joe Roy, head of the intelligence October 6–October 7, 1998 and died at ence of drugs at the time. The beating was so project of the Southern Poverty Law Center in Poudre Valley Hospital in Colorado, on Octo- severe that the only areas on Shepard’s face Montgomery, Ala., suggested such crimes, ber 12, from severe head injuries. that were not covered in blood were those though stereotypical of the South, no longer During the trial, witnesses stated that where his tears had washed the blood stains are limited to one region. Shepard was targeted because he was gay. away. ‘‘I think this is a stark reminder, this case in His murder brought national as well as inter- Henderson pleaded guilty on April 5, 1999, Texas, of what can happen in this country,’’ he national attention to the issue of hate crime and agreed to testify against McKinney to said. ‘‘Education is not the sole answer, but legislation at the state and federal levels. avoid the death penalty; he received two con- it’s one of the cornerstones of correcting it.’’ Russell Arthur Henderson pleaded guilty to secutive life sentences. The jury in McKinney’s The tension between the races is fueled by felony murder and kidnapping, allowing him to trial found him guilty of felony murder. As it competition between economically marginal avoid the death penalty. Aaron James McKin- began to deliberate on the death penalty, groups, Roy said. ney was convicted of felony murder and kid- Shepard’s parents brokered a deal, resulting ‘‘This episode is a horrendous example of napping. Henderson is currently serving two in McKinney receiving two consecutive life the rage that is out there.’’ consecutive life sentences and McKinney is terms without the possibility of parole. OTHER HIGH PROFILE TEXAS CASES serving the same but without the possibility of Henderson and McKinney were incarcerated Vidor, 1994: Civil rights groups sue the Ku parole. in the Wyoming State Penitentiary in Rawlins Klux Klan, accusing the group of making Matthew Shepard, oldest son of Dennis but were transferred to other prisons due to threats to stop the integration of an all-white Shepard and Judy Shepard, was born in Cas- overcrowding. housing project. per, Wyoming, on December 1, 1976. Shortly Wyoming did not have State hate crimes Cleveland, 1988: Kenneth Simpson, a black after midnight on October 7, 1998, 21-year-old legislation. man arrested for stealing an ink pen, dies in Shepard met McKinney and Henderson in a LOYAL GARNER his jail cell after struggling with white officers, bar. McKinney and Henderson offered On Christmas Day 1987, Loyal Garner, a who are eventually cleared in the death. The Shepard a ride in their car. Subsequently, Florien, LA., father of six, was arrested for police chief resigns under pressure the next Shepard was robbed, pistol whipped, tortured, drunken driving. Garner protested that he was year. Hemphill, 1987: Loyal Garner, a black Lou- tied to a fence in a remote, rural area, and left sober, and asked for field sobriety and isiana truck driver, is beaten to death in the to die. McKinney and Henderson also found breathalyzer tests, but police took him to the Sabine County jail. Hemphill’s police chief and out his address and intended to rob his home. county jail in Hemphill. two county deputies are eventually convicted Still tied to the fence, Shepard was discovered Garner asked to be allowed to telephone his of murder, although one deputy’s conviction is eighteen hours later by Aaron Kreifels, who at wife. Instead, he was taken to the jail detox overturned. first thought that Shepard was a scarecrow. At room and bludgeoned. Mount Enterprise, 1987: Troy Lee Starling, a the time of discovery, Shepard was still alive, In 1990, Hemphill Police Chief Thomas 24-year-old black man, is fatally shot in the but in a coma. Ladner and two county deputies, Billy Ray neck by a state trooper after a high-speed Shepard suffered a fracture from the back of Horton and James M. Hyden, were convicted chase in Rusk County. The trooper is cleared his head to the front of his right ear. He had on state murder charges and sentenced to but Starling’s family files a civil rights suit. severe brain stem damage, which affected his prison. Horton’s conviction was later over- In December 2005, Chris McKee was beat- body’s ability to regulate heart rate, body tem- turned. en by two men. McKee, who is gay, said his perature and other vital signs. There were also KENNETH SIMPSON assailants had followed him after seeing him about a dozen small lacerations around his In spring 1988, Kenneth Simpson, a 30- kiss another man, and anti-gay slurs were au- head, face and neck. His injuries were year-old black man arrested for the theft of a dible on a 911 call he made. His assailants deemed too severe for doctors to operate. fountain pen, died in his Cleveland jail cell were prosecuted under the State hate crimes Shepard never regained consciousness and after being beaten. legislation but they were acquitted. remained on full life support. As he lay in in- Half the city police force was suspended as In May 2006, Joshua Aaron Abbot, now 23, tensive care, candlelight vigils were held by a result, but later returned to their jobs after was acquitted in the 2005 death of 40-year-old the people of Laramie. being acquitted. However, Police Chief Harley David Wayne Morrison, a gay Denton resident He was pronounced dead at 12:53 A.M. on Lovings remained under public pressure and who was HIV-positive. Abbott stabbed Morri- October 12, 1998 at Poudre Valley Hospital in resigned the following year. son more than 20 times in the face, neck and Fort Collins. Police arrested McKinney and The pen later was found atop a soft drink chest with a pocketknife. Henderson shortly thereafter, finding the machine in the police station lobby. Abbott, who is straight, had gone to Morri- bloody gun as well as the victim’s shoes and TROY LEE STARLING son’s residence for unknown reasons, and the wallet in their truck. In August 1987, Troy Lee Starling, 24, of pair ended up alone in Morrison’s bedroom. At The two men had attempted to get their Mount Enterprise was fatally shot in the neck trial, Abbot claimed Morrison tried to rape him, girlfriends to provide alibis. In court the de- by a state highway trooper after a highspeed and the jury ruled the defendant acted in self- fendants used varying rationales to defend chase in Rusk County. defense. The prosecutors failed to prosecute their actions. They attempted to use the ‘‘gay Though the trooper was cleared by a grand the case as a hate crime because it was not panic defense’’, arguing that they were driven jury, Starling’s family filed a civil rights lawsuit clear that Morrison’s sexual orientation was to temporary insanity by alleged sexual ad- against the officer. the sole motivating factor. However, the pros- vances by Shepard. At another point they stat- Not all incidents involved bloodshed, but still ecutor admitted that Morrison’s sexual orienta- ed that they had only wanted to rob Shepard revealed a sordid side of East Texas culture. tion and HIV-positive status was key. and never intended to kill him. Illustrative was the hostility faced by three Since Texas State hate crimes legislation The prosecutor in the case charged that black families who moved into an all-white was passed in 2001, there have been few McKinney and Henderson pretended to be gay public housing project in Vidor in 1994. convictions. In 2007, there were only eight in order to gain Shepard’s trust to rob him. The families were part of the third effort to convictions. During the trial, Chastity Pasley and Kristen integrate the project. They moved in only after These cases provide stark evidence that Price (the pair’s then-girlfriends) testified under then-Housing and Urban Development Sec- this bill is needed to federalize hate crimes. oath that Henderson and McKinney both plot- retary Henry Cisneros allocated $3 million to These crimes are still perpetrated. ted beforehand to rob a gay man. McKinney upgrade security. Opponents will argue that this bill abrogates and Henderson then went to the Fireside But residents were soon frightened by death constitutional rights of Freedom of Speech or Lounge and selected Shepard as their target. threats and the obvious patrols of Ku Klux other First Amendment guarantees under the McKinney alleged that Shepard asked them Klan members through the projects displaying Constitution. These arguments have no merit. for a ride home. After befriending him, they high-powered weapons. First, all speech is not protected speech. took him to a remote area of Laramie where The FBI later investigated alleged Klan For example, one does not have the right to they robbed him, beat him severely (media re- death plots against William Hale, director of scream ‘‘Fire!’’ in a crowded movie theatre. ports often contained the graphic account of the Texas Commission on Human Rights, and Second, nothing in this bill prevents a per- the pistol whipping and his smashed skull), Attorney General Dan Morales. Hale’s group son from exercising their fundamental rights or and tied him to a fence with a rope from had sued the Klan, accusing it of making their First Amendment right to free speech. McKinney’s truck. Shepard begged for his life. threats against those trying to integrate the The actionable crime here is crimes that Both girlfriends also testified that neither housing project. cause bodily injury.

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.029 E29APPT1 jbell on PROD1PC69 with REMARKS April 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1017 Third, the bill clarifies that neither this Act, When federal jurisdiction has existed in the ALEX LESKO nor the amendments made by it may be con- limited hate crime contexts authorized under strued to prohibit any expressive conduct pro- 18 U.S.C. sec. 245(b), the federal govern- HON. ED PERLMUTTER tected from legal prohibition, or any activities ment’s resources, forensic expertise, and ex- OF COLORADO protected by the free speech or free exercise perience in the identification and proof of hate- IN THE HOUSE OF REPRESENTATIVES clauses of, the First Amendment of the United States Constitution. The legislation does not based motivations has provided an invaluable Wednesday, April 29, 2009 punish, nor prohibit in any way, name-calling, investigative complement to the familiarity of Mr. PERLMUTTER. Madam Speaker, I rise verbal abuse, or even expressions of hatred investigators with the local community, people today to recognize and applaud Alex Lesko toward any group, even if such statements and customs. The limitations of section 245 who has received the Arvada Wheat Ridge amount to hate speech. Because it covers have limited the opportunity for such collabo- Service Ambassadors for Youth award. Alex only violent actions that result in death or bod- ration in many incidents of violence. Lesko is an 8th grader at Drake Middle School ily injury nothing in this legislation prohibits As I mentioned out the outset, I understand and received this award because his deter- lawful expression of deeply held religious be- mination and hard work have allowed him to the urgency and importance of passing this liefs. Thus, clergy and other religious persons overcome adversities. are not prohibited from decrying any acts, life- bill. I would however like to bring up two The dedication demonstrated by Alex Lesko styles, or characteristics that they deem re- issues that I would like considered, and that I is exemplary of the type of achievement that pugnant or contrary to their beliefs. This would like to work with leadership to ensure is can be attained with hard work and persever- speech is not actionable under this bill and is included, in conference. ance. It is essential that students at all levels in no way proscribed. First, the bill adds a certification requirement strive to make the most of their education and The bill specifically provides at Section 8, in develop a work ethic that will guide them for its Rule of Construction, that ‘‘Nothing in this that is not currently found in section. Specifi- cally, it requires a written certification from the the rest of their lives. Act, or the amendments made by this Act, I extend my deepest congratulations once Attorney General, the Deputy Attorney Gen- shall be construed to prohibit any expressive again to Alex Lesko for winning the Arvada conduct protected from legal prohibition by, or eral, the Associate Attorney General, or any Wheat Ridge Service Ambassadors for Youth any activities protected by the Constitution.’’ Assistant Attorney General that the person award. I have no doubt he will exhibit the Thus, the plain language of the bill makes has reason to believe that a hate crime has same dedication he has shown in his aca- clear that clergy or others exercising their First occurred and the person has consulted with demic career to his future accomplishments. Amendment right to speech or expression will local and state law enforcement. not be penalized by this law. Words or con- f duct that does not result in bodily injury is not This imposes yet another burden upon the PROVIDING FOR CONSIDERATION actionable under this bill. Department of Justice and might infringe upon OF H.R. 1913, LOCAL LAW EN- This legislation is needed because hate its right to bring and try hate crimes. I do not FORCEMENT HATE CRIMES PRE- crimes have been seriously underreported. see any compelling reason for changing the VENTION ACT OF 2009 FBI statistics have only documented more existing law and adding this additional burden. than 118,000 hate crimes since 1991. In 2007, SPEECH OF statistics demonstrated 7,624 bias-motivated Similarly, with respect to the Rule of Evi- criminal incidents, and police agencies identi- dence in section 7(d) of this legislation, it pro- HON. SHEILA JACKSON-LEE fied 9,535 victims arising from 9,006 separate vides the following: OF TEXAS IN THE HOUSE OF REPRESENTATIVES criminal offenses. Racially-motivated bias ac- ‘‘In a prosecution for an offense under this counted for approximately half (50.8 percent) section, evidence of expression or associa- Wednesday, April 29, 2009 of all incidents; religious bias accounted for tions of the defendant may not be introduced Ms. JACKSON-LEE of Texas. Mr. Speaker, 1,400 incidents (18.4 percent); sexual orienta- as substantive evidence at trial, unless the I rise today in strong support of H. Res. ll tion bias accounted for 1,265 incidents (16.6 evidence specifically relates to that offense. the Rule on H.R. 1913, the Local Law En- percent); and ethnicity/national origin ac- However, nothing in this section affects the forcement Hate Crimes Prevention Act of counted for 1,007 incidents (13.2 percent). 2009. I urge my colleagues to support this H.R. 1913 will address two serious defi- rules of evidence governing impeachment of a witness.’’ rule. ciencies in the Federal civil rights crimes, in The rule will provide assistance to state and which a limited set of hate crimes committed Thus, this new rule of evidence alters the local law enforcement and amend federal law on the basis of race, color, religion, or national relevance standard that already exists under to streamline the investigation and prosecution origin are prohibited. The principal federal hate the Federal Rules of Evidence. It would seem of hate crimes. The key element of the rule is crimes statutes are 18 U.S.C. sec. 245 and 42 appropriate to use evidence, albeit circumstan- its expansion of federal jurisdiction to cover U.S.C. sec. 3631, this bill expands the appli- tial insofar as it is relevant. For example, con- crimes motivated by bias against a victim’s cation of hate crimes legislation. In the last forty years, limitations in section sider the following hypothetical that a hate perceived sexual orientation, gender, gender 245 have become apparent and needed to be crime is perpetrated but under the current con- identity or disability. This legislation would addressed. For example, the existing statute struction of section 7(d), it would be inadmis- make tremendous strides in garnering the civil requires the government not only to prove that sible to proffer evidence that the defendant and human rights of all Americans. Its pas- sage would secure the equal protection of all the defendant committed an offense because collected racist magazine or paraphernalia un- Americans under the law. It is a landmark and of the victim’s race, color, religion, or national less such paraphernalia was directly used in long overdue piece of legislation. origin, but also because of the victim’s partici- the crime or is entered for purposes of im- pation in one of sex narrowly defined pro- This is an important legislation and I have peachment. It defies reason that the existence introduced similar legislation in this and prior tected activities. These activities related to en- of such paraphernalia is relevant and should rolling/attending schools, participating in or en- Congresses. While I support this legislation be admissible to prove that a crime was ra- joying a service, program, facility, or activity and urge my colleagues to support it, I am dis- administered or provided by a state or local cially motivated. Therefore, I would excise the appointed that the rule did not include my government, applying for or enjoying employ- language in section 7(d). It adds restrictions to amendment which I offered last Congress. ment, serving in a state court as a juror, trav- the rules of evidence that have no place in the MY AMENDMENT LANGUAGE IN H.R. 1592 elling in or using a facility of interstate com- inquiry. Last Congress, I offered an amendment to merce, and enjoying the goods or services of Hate crimes are real. The bodily injury, loss H.R. 1592, the legislation that was introduced last term. My amendment was accepted by certain places of public accommodation. This of life, and havoc that their perpetration unanimous consent by the members of the Ju- bill extends the application of hate crimes be- wreaks on an individual, a family, community, yond these narrow and limited situations. diciary Committee. Specifically, my amend- The present bill extends hate crimes in an- and the country is wholly unacceptable. I urge ment required ‘‘the United States Sentencing other important manner. The existing statute my colleagues to support an end to such hate Commission shall study the issue of adult re- provides no coverage for violent hate crimes crimes and support this bill. Its passage would cruitment of juveniles to commit hate crimes committed because of the victim’s perceived make America a fuller, freer and more equal and shall report such findings back to the sexual orientation, gender, gender identity or society that all accorded equal protection Congress within 180 days.’’ If this language disability. H.R. 1913 covers these statuses. under the laws of the United States. was included in the present bill, it would only

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A29AP8.032 E29APPT1 jbell on PROD1PC69 with REMARKS E1018 CONGRESSIONAL RECORD — Extensions of Remarks April 29, 2009 serve to strengthen it and make it better. The The Rule will address two serious defi- tions of the defendant may not be introduced amendment language was intended to gather ciencies in the Federal civil rights crimes, in as substantive evidence at trial, unless the information on adults that solicit and use youth which a limited set of hate crimes committed evidence specifically relates to that offense. in the commission of hate crimes. This issue on the basis of race, color, religion, or national However, nothing in this section affects the arises with respect to hate groups such as the origin are prohibited. The principal federal hate rules of evidence governing impeachment of a Skinheads, Neo-Nazis, KKK, and other similar crimes statutes are 18 U.S.C. sec. 245 and 42 witness.’’ type groups. U.S.C. sec. 3631, this bill expands the appli- Thus, this new rule of evidence alters the The Rule is aimed at combating hate cation of hate crimes legislation. relevance standard that already exists under crimes. Because the rule addresses hate In the last forty years, limitations in section the Federal Rules of Evidence. It would seem crimes, it is necessary to define the criminal 245 have become apparent and needed to be appropriate to use evidence, albeit circumstan- actions that constitute a hate crime in the first addressed. For example, the existing statute tial insofar as it is relevant. For example, con- instance. The definition is straightforward. requires the government not only to prove that sider the following hypothetical that a hate the defendant committed an offense because Hate crimes involve the purposeful selection of crime is perpetrated but under the current con- of the victim’s race, color, religion, or national victims for violence and intimidation based struction of section 7(d), it would be inadmis- origin, but also because of the victim’s partici- upon their perceived attributes. Such targeting sible to proffer evidence that the defendant pation in one of sex narrowly defined pro- for violence removes these actions from the collected racist magazine or paraphernalia un- tected activities. These activities related to en- protected area of free expression of belief and less such paraphernalia was directly used in rolling/attending schools, participating in or en- speech as enshrined in the First Amendment the crime or is entered for purposes of im- joying a service, program, facility, or activity to the United States Constitution. The crimes administered or provided by a state or local peachment. It defies reason that the existence are investigated and prosecuted at both the government, applying for or enjoying employ- of such paraphernalia is relevant and should Federal and State and local level, depending ment, serving in a state court as a juror, trav- be admissible to prove that a crime was ra- upon the facts of the case and the needs of elling in or using a facility of interstate com- cially motivated. Therefore, I would excise the the investigation. merce, and enjoying the goods or services of language in section 7(d). Opponents will argue that this bill abrogates certain places of public accommodation. This Hate crimes are real. The bodily injury, loss constitutional rights of Freedom of Speech or bill extends the application of hate crimes be- of life, and havoc that their perpetration other First Amendment guarantees under the yond these narrow and limited situations. wreaks on an individual, a family, community, Constitution. These arguments have no merit. The Rule extends hate crimes in another and the country is wholly unacceptable. I urge First, all speech is not protected speech. important manner. The existing statute pro- my colleagues to support an end to such hate For example, one does not have the right to vides no coverage for violent hate crimes crimes and support this rule. Its passage scream ‘‘Fire!’’ in a crowded movies theatre. committed because of the victim’s perceived would make America a fuller, freer and more Second, nothing in this bill prevents a per- sexual orientation, gender, gender identity or equal society that ensures that all accorded son from exercising their fundamental rights or disability. The Rule covers these statuses. equal protection under the laws of the United their First Amendment right to free speech. When federal jurisdiction has existed in the States. The actionable crime here is crimes that limited hate crime contexts authorized under cause bodily injury. 18 U.S.C. sec. 245(b), the federal govern- f Third, the rule clarifies that neither this Act, ment’s resources, forensic expertise, and ex- nor the amendments made by it may be con- perience in the identification and proof of hate- ADRIANNE LOZANO strued to prohibit any expressive conduct pro- based motivations has provided an invaluable tected from legal prohibition, or any activities investigative complement to the familiarity of HON. ED PERLMUTTER protected by the free speech or free exercise investigators with the local community, people OF COLORADO clauses of, the First Amendment of the United and customs. The limitations of section 245 States Constitution. The legislation does not have limited the opportunity for such collabo- IN THE HOUSE OF REPRESENTATIVES ration in many incidents of violence. punish, nor prohibit in any way, name-calling, Wednesday, April 29, 2009 verbal abuse, or even expressions of hatred As I mentioned out the outset, I understand toward any group, even if such statements the urgency and importance of passing this Mr. PERLMUTTER. Madam Speaker, I rise amount to hate speech. Because it covers bill. I would however like to address two today to recognize and applaud Adrianne only violent actions that result in death or bod- issues that I would like considered, and that I Lozano who has received the Arvada Wheat would like to work with leadership to ensure is ily injury nothing in this legislation prohibits Ridge Service Ambassadors for Youth award. included, in conference. lawful expression of deeply held religious be- Adrianne Lozano is a senior at Arvada High First, the rule adds a certification require- liefs. Thus, clergy and other religious persons School and received this award because her ment that is not currently found in section. are not prohibited from decrying any acts, life- determination and hard work have allowed her Specifically, it requires a written certification styles, or characteristics that they deem re- to overcome adversities. from the Attorney General, the Deputy Attor- pugnant or contrary to their beliefs. This The dedication demonstrated by Adrianne ney General, the Associate Attorney General, Lozano is exemplary of the type of achieve- speech is not actionable under this bill and is or any Assistant Attorney General that the per- in no way proscribed. ment that can be attained with hard work and son has reason to believe that a hate crime perseverance. It is essential that students at The rule specifically provides at Section 8, has occurred and the person has consulted all levels strive to make the most of their edu- in its Rule of Construction, that ‘‘Nothing in with local and state law enforcement. cation and develop a work ethic that will guide this Act, or the amendments made by this Act, This imposes yet another burden upon the them for the rest of their lives. shall be construed to prohibit any expressive Department of Justice and might infringe upon conduct protected from legal prohibition by, or its right to bring and try hate crimes. I do not I extend my deepest congratulations once any activities protected by the Constitution.’’ see any compelling reason for changing the again to Adrianne Lozano for winning the Ar- Thus, the plain language of the rule makes existing law and adding this additional burden. vada Wheat Ridge Service Ambassadors for clear that clergy or others exercising their First Similarly, with respect to the Rule of Evi- Youth award. I have no doubt she will exhibit Amendment right to speech or expression will dence in section 7(d) of this legislation, it pro- the same dedication she has shown in her not be penalized by this law. Words or con- vides the following: academic career to her future accomplish- duct that does not result in bodily injury is not ‘‘In a prosecution for an offense under this ments. actionable under this bill. section, evidence of expression or associa-

VerDate Nov 24 2008 04:39 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A29AP8.034 E29APPT1 jbell on PROD1PC69 with REMARKS April 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1019 SENATE COMMITTEE MEETINGS 3 p.m. 10 a.m. Title IV of Senate Resolution 4, Commerce, Science, and Transportation Health, Education, Labor, and Pensions Surface Transportation and Merchant Ma- agreed to by the Senate on February 4, To hold hearings to examine pending rine Subcommittee nominations. 1977, calls for establishment of a sys- To hold hearings to examine piracy on SD–430 tem for a computerized schedule of all the high seas, focusing on protecting Judiciary meetings and hearings of Senate com- our ships, crews, and passengers. Business meeting to consider S. 417, to mittees, subcommittees, joint commit- SR–253 enact a safe, fair, and responsible state tees, and committees of conference. secrets privilege Act, S. 257, to amend This title requires all such committees MAY 6 title 11, United States Code, to disallow to notify the Office of the Senate Daily 9:30 a.m. certain claims resulting from high cost Digest—designated by the Rules Com- Banking, Housing, and Urban Affairs credit debts, S. 448 and H.R. 985, bills to mittee—of the time, place, and purpose To hold hearings to examine regulating maintain the free flow of information of the meetings, when scheduled, and and resolving institutions considered to the public by providing conditions any cancellations or changes in the to be too big to fail. for the federally compelled disclosure meetings as they occur. SD–538 of information by certain persons con- As an additional procedure along Veterans’ Affairs nected with the news media, S. 327, to with the computerization of this infor- To hold hearings to examine the nomina- amend the Violence Against Women tions of Roger W. Baker, of Virginia, to Act of 1994 and the Omnibus Crime mation, the Office of the Senate Daily be Assistant Secretary for Information Control and Safe Streets Act of 1968 to Digest will prepare this information for and Technology, William A. Gunn, of improve assistance to domestic and printing in the Extensions of Remarks Virginia, to be General Counsel, Jose sexual violence victims and provide for section of the CONGRESSIONAL RECORD D. Riojas, of Texas, to be Assistant on Monday and Wednesday of each Secretary for Operations, Security, and technical corrections. week. Preparedness, and John U. Sepulveda, SD–226 Meetings scheduled for Thursday, of Virginia, to be Assistant Secretary Commerce, Science, and Transportation April 30, 2009 may be found in the Daily for Human Resources, all of the De- Science and Space Subcommittee To hold hearings to examine the con- Digest of today’s RECORD. partment of Veterans Affairs. SR–418 sequences of a gap in human space MEETINGS SCHEDULED 10 a.m. flight. Judiciary SR–253 MAY 5 To hold an oversight hearing to examine 10:30 a.m. 9:30 a.m. the Department of Homeland Security. Agriculture, Nutrition, and Forestry Armed Services SD–106 To hold hearings to examine the nomina- To hold hearings to examine ongoing ef- 2 p.m. tions of Krysta Harden, of Virginia, to forts to combat piracy on the high Aging be Assistant Secretary, Rajiv J. Shah, seas. To hold hearings to examine solutions to of Washington, to be Under Secretary SR–325 stop Medicare and Medicaid fraud from 9:45 a.m. for Research, Education, and Econom- hurting seniors and taxpayers. ics, and Dallas P. Tonsager, of South Energy and Natural Resources SH–216 To hold hearings to examine the nomina- Dakota, to be Under Secretary for 2:15 p.m. Rural Development, all of the Depart- tions of Daniel B. Poneman, to be Dep- Armed Services ment of Agriculture. uty Secretary, David B. Sandalow, to Strategic Forces Subcommittee be Assistant Secretary for Inter- SR–328A To receive a closed briefing to examine national Affairs and Domestic Policy, space issues. 2:30 p.m. both of the Department of Energy, and SVC–217 Appropriations Rhea S. Suh, to be Assistant Secretary, 2:30 p.m. Legislative Branch Subcommittee and Michael L. Connor, to be Commis- Commerce, Science, and Transportation To hold hearings to examine proposed sioner of Reclamation, both of the De- Communications and Technology Sub- budget estimates for fiscal year 2010 for partment of the Interior. committee the Office of the Architect of the Cap- SD–366 To hold hearings to examine the future itol, and the Office of Compliance. 10 a.m. of journalism. SD–138 Finance To hold hearings to examine expanding SR–253 MAY 13 health care coverage. Judiciary SD–106 Terrorism and Homeland Security Sub- 10 a.m. Joint Economic Committee committee Commerce, Science, and Transportation To hold hearings to examine the eco- To hold hearings to examine the passport Competitiveness, Innovation, and Export nomic outlook. insurance process, focusing on ending Promotion Subcommittee fraud. SH–216 To hold hearings to examine tourism in SD–226 2:15 p.m. troubled times. Foreign Relations SR–253 Business meeting to consider pending MAY 7 calendar business. 9:30 a.m. MAY 21 S–116, Capitol Armed Services 2:30 p.m. To hold hearings to examine the report 9:30 a.m. Intelligence of the Congressional Commission on Veterans’ Affairs To hold closed hearings to examine cer- the Strategic Posture of the United Business meeting to markup pending leg- tain intelligence matters. States. islation. S–407, Capitol SH–216 SR–418

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HIGHLIGHTS Senate agreed to the conference report to accompany S. Con. Res. 13, Budget Resolution. Senate Chair, announced on behalf of the Majority Leader, Chamber Action pursuant to P.L. 110–229, the appointment of the Routine Proceedings, pages S4831–S4906 following to be members of the Commission to Measures Introduced: Ten bills and five resolutions Study the Potential Creation of a National Museum were introduced, as follows: S. 922–931, S. Res. of the American Latino: Susan Gonzales of Wash- 117–120, and S. Con. Res. 21. Page S4891 ington, D.C., Moctezuma Esparza of California, Car- Measures Reported: los Etzeta of Nevada, and Katherine Archuleta of S. 615, to provide additional personnel authorities Colorado (non-voting member). Page S4905 for the Special Inspector General for Afghanistan Re- Helping Families Save Their Homes Act— construction. (S. Rept. No. 111–15) Agreement: A unanimous-consent-time agreement S. 414, to amend the Consumer Credit Protection was reached providing that at approximately 10:30 Act, to ban abusive credit practices, enhance con- a.m., on Thursday, April 30, 2009, Senate will sumer disclosures, protect underage consumers, with begin consideration of S. 896, to prevent mortgage an amendment in the nature of a substitute. foreclosures and enhance mortgage credit availability, Page S4890 and that Senator Durbin be recognized to offer an Measures Passed: amendment relating to ‘‘cramdown’’, and that there be 4 hours for debate relative to the amendment, Commending the University of Georgia Gym- with the time equally divided and controlled be- nastics Team: Senate agreed to S. Res. 119, com- tween the two Leaders, or their designees; and that mending the University of Georgia gymnastics team upon the use or yielding back of time, Senate vote for winning the 2009 NCAA national championship. on or in relation to the amendment, and that adop- Pages S4904–05 tion of the amendment require a 60-affirmative vote Congratulating the Trinity College Bantams threshold, and if the amendment does not achieve Squash Team: Senate agreed to S. Res. 120, con- that threshold, then it be withdrawn; provided that gratulating the Trinity College Bantams for their no amendment be in order to the amendment, and 11th-straight College Squash Association Men’s no further amendments on the subject of Team Championship. Page S4905 ‘‘cramdown’’ be in order during the pendency of the Conference Reports: bill; provided further, that upon disposition of the Durbin amendment, Senator Dodd be recognized to Budget Resolution: By 53 yeas to 43 nays (Vote offer a Dodd-Shelby amendment in the nature of a No. 173), Senate agreed to the conference report to substitute. Page S4902 accompany S. Con. Res. 13, setting forth the con- gressional budget for the United States Government Strickland Nomination—Agreement: A unani- for fiscal year 2010, revising the appropriate budg- mous-consent-time agreement was reached providing etary levels for fiscal year 2009, and setting forth the that on Thursday, April 30, 2009, after Senator appropriate budgetary levels for fiscal years 2011 Dodd has called up an amendment to S. 896, as pre- through 2014. Pages S4840–81 viously agreed to, Senate will begin consideration of the nomination of Thomas L. Strickland, of Colo- Appointments: rado, to be Assistant Secretary for Fish and Wildlife, Commission to Study the Potential Creation of Department of the Interior, and that there be 3 a National Museum of the American Latino: The hours of debate with respect to the nomination, with D467

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1 hour under the control of the Majority, and 2 Kevin W. Concannon, of Maine, to be Under Sec- hours under the control of the Republicans, and 30 retary of Agriculture for Food, Nutrition, and Con- minutes of the Republican time under the control of sumer Services. Senator Bunning; provided further, that upon the Robert M. Groves, of Michigan, to be Director of use or yielding back of time, Senate vote on con- the Census. Page S4905 firmation of the nomination. Pages S4902–03 Messages from the House: Pages S4889–90 Morton Nomination Referral—Agreement: A Measures Referred: Page S4890 unanimous-consent agreement was reached providing that the nomination of John Morton, to be Assistant Executive Communications: Page S4890 Secretary of Homeland Security, reported by the Executive Reports of Committees: Pages S4890–91 Committee on Homeland Security and Governmental Additional Cosponsors: Pages S4891–92 Affairs on Monday, April 27, 2009, be referred to the Committee on the Judiciary for a period of 30 Statements on Introduced Bills/Resolutions: calendar days; provided further, that at the end of Pages S4892–S4901 the 30 days, if the Committee on the Judiciary has Additional Statements: Pages S4888–89 not reported the nomination, then it be automati- Notices of Hearings/Meetings: Page S4901 cally discharged and placed on the Executive Cal- Authorities for Committees to Meet: endar. Page S4905 Pages S4901–02 Nominations Confirmed: Senate confirmed the fol- lowing nominations: Record Votes: One record vote was taken today. Sherburne B. Abbott, of Texas, to be an Associate (Total—173) Page S4881 Director of the Office of Science and Technology Adjournment: Senate convened at 9:30 a.m. and Policy. adjourned at 7:53 p.m., until 9:30 a.m. on Thurs- Dana G. Gresham, of the District of Columbia, to day, April 30, 2009. (For Senate’s program, see the be an Assistant Secretary of Transportation. remarks of the Acting Majority Leader in today’s Roy W. Kienitz, of Pennsylvania, to be Under Record on page S4905.) Secretary of Transportation for Policy. Ronald H. Weich, of the District of Columbia, to Committee Meetings be an Assistant Attorney General. April S. Boyd, of the District of Columbia, to be (Committees not listed did not meet) an Assistant Secretary of Commerce. Joseph C. Szabo, of Illinois, to be Administrator WOUNDED WARRIORS of the Federal Railroad Administration. Committee on Armed Services: Subcommittee on Per- Peter H. Appel, of Virginia, to be Administrator sonnel concluded a hearing to examine the imple- of the Research and Innovative Technology Adminis- mentation of Wounded Warrior policies and pro- tration, Department of Transportation. grams, after receiving testimony from Randall B. Robert S. Rivkin, of Illinois, to be General Coun- Williamson, Director, Health Care, Valerie C. Mel- sel of the Department of Transportation. vin, Director, Human Capital and Management, In- 4 Coast Guard nominations in the rank of admi- formation Systems Issues, and Daniel Bertoni, Direc- ral. tor, Education, Workforce, and Income Security Routine lists in the Coast Guard. Issues, all of the Government Accountability Office; Pages S4903, S4905–06 Gail H. McGinn, Deputy Under Secretary for Plans, Ellen P. Embrey, Acting Principal Deputy Assistant Nominations Received: Senate received the fol- Secretary for Health Affairs, Major General Keith lowing nominations: W. Meurlin, USAF, Director, Office of Transition Andrew Charles Weber, of Virginia, to be Assist- Policy and Care Coordination, and Rear Admiral ant to the Secretary of Defense for Nuclear and Gregory A. Timberlake, USN, Director, Interagency Chemical and Biological Defense Programs. Program Office, all of the Department of Defense; Peter M. Rogoff, of Virginia, to be Federal Transit and Roger Dimsdale, Executive Director, Depart- Administrator. ment of Veterans Affairs/Department of Defense Col- Eric P. Goosby, of California, to be Ambassador laboration, Office of Policy and Planning, and Karen at Large and Coordinator of United States Govern- S. Guice, Executive Director of the Federal Recovery ment Activities to Combat HIV/AIDS Globally. Coordination Program, both of the Department of Martha J. Kanter, of California, to be Under Sec- Veterans Affairs; Lieutenant Colonel Gregory D. retary of Education. Gadson, USA, Lieutenant Colonel Raymond T.

VerDate Nov 24 2008 05:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP9.REC D29APPT1 jbell on PROD1PC69 with DIGEST April 29, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D469 Rivas, USA (Ret.), Colleen O. Rivas, Kimberly R. SWINE FLU EPIDEMIC Noss, and First Lieutenant Andrew K. Kinard, Committee on Health, Education, Labor, and Pensions: USMC (Ret.). Committee concluded a hearing to examine the swine flu epidemic, focusing on the public health HEALTH CARE DELIVERY SYSTEM and medical response, after receiving testimony from Committee on Finance: Committee met in closed ses- Richard E. Besser, Acting Director, Centers for Dis- sion to discuss transforming the health care delivery ease Control and Prevention, and Anthony Fauci, Di- system, focusing on proposals to improve patient rector, National Institute for Allergy and Infectious care and reduce health care costs. Diseases, National Institutes of Health, both of the Department of Health and Human Services. NOMINATIONS BUSINESS MEETING Committee on Foreign Relations: Committee concluded a hearing to examine the nominations of Johnnie Committee on Health, Education, Labor, and Pensions: Carson, of Illinois, to be Assistant Secretary for Afri- Committee ordered favorably reported the nomina- can Affairs, who was introduced by Representatives tions of Russlynn Ali, of California, to be Assistant Royce and Payne, and Luis C. de Baca, of Virginia, Secretary for Civil Rights, Carmel Martin, of Mary- to be Director of the Office to Monitor and Combat land, to be Assistant Secretary for Planning, Evalua- Trafficking, who was introduced by Senator Harkin tion, and Policy Development, Charles P. Rose, of and Representative Conyers, both of the Department Illinois, to be General Counsel, Peter Cunningham, of State, after the nominees testified and answered of Illinois, to be Assistant Secretary for Communica- questions in their own behalf. tions and Outreach, and Gabriella Cecilia Gomez, of California, to be Assistant Secretary for Legislation SWINE FLU and Congressional Affairs, all of the Department of Education, Brian Kennedy, of Virginia, to be Assist- Committee on Homeland Security and Governmental Af- ant Secretary for Congressional and Intergovern- fairs: Committee concluded a hearing to examine mental Affairs, and T. Michael Kerr, of the District swine flu, focusing on coordinating the federal re- of Columbia, to be Assistant Secretary for Adminis- sponse, after receiving testimony from Janet tration and Management, both of the Department of Napolitano, Secretary of Homeland Security; and Labor, and Thomasina Rogers, of Maryland, to be a Anne Schuchat, Acting Deputy Director for Science Member of the Occupational Safety and Health Re- and Program, Centers for Disease Control and Pre- view Commission. vention, Assistant Surgeon General, United States Public Health Service, Department of Health and CRACK-POWDER COCAINE FEDERAL Human Services. SENTENCING Committee on the Judiciary: Subcommittee on Crime INFORMED FINANCIAL DECISIONS and Drugs concluded a hearing to examine restoring Committee on Homeland Security and Governmental Af- fairness to federal sentencing, focusing on addressing fairs: Subcommittee on Oversight of Government the crack-powder disparity, after receiving testimony Management, the Federal Workforce, and the Dis- from Lanny Breuer, Assistant Attorney General, trict of Columbia concluded a hearing to examine Criminal Division, Department of Justice; Judge the federal government’s role in empowering Ameri- Reggie B. Walton, United States District Court for cans to make informed financial decisions, after re- the District of Columbia, on behalf of the Judicial ceiving testimony from John Berry, Director, Office Conference of the United States; Ricardo H. of Personnel Management; James H. Shelton III, As- Hinojosa, Acting Chair, United States Sentencing sistant Deputy Secretary for Innovation and Improve- Commission; Asa Hutchinson, former Administrator ment, Department of Education; Arthur J. Meyers, of the United States Drug Enforcement Administra- Acting Deputy Secretary for Military Community tion, Rogers, Arkansas; John F. Timoney, Chief of and Family Policy, Department of Defense; Sandra F. Police, City of Miami Police Department, Miami, Braunstein, Director, Division of Consumer and Florida; and Cedric Parker, Alton, Illinois. Community Affairs, Board of Governors of the Fed- eral Reserve System; Richard J. Hillman, Managing NOMINATIONS Director, Financial Markets and Community Invest- Committee on the Judiciary: Committee concluded a ment, Government Accountability Office; Robert F. hearing to examine the nominations of Andre M. Duvall, Council for Economic Education, New York, Davis, of Maryland, to be United States Circuit New York; and Dallas L. Salisbury, Employee Ben- Judge for the Fourth Circuit, who was introduced by efit Research Institute, Washington, D.C. Senator Mikulski and former Senator Sarbanes, David

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F. Hamilton, of Indiana, to be United States Circuit LIFE SETTLEMENT MARKET Judge for the Seventh Circuit, and Thomas E. Perez, Special Committee on Aging: Committee concluded a of Maryland, to be Assistant Attorney General, Civil hearing to examine the life settlement market, focus- Rights Division, Department of Justice, after the ing on what is at stake for seniors, after receiving nominees testified and answered questions in their own behalf. testimony from Mary Beth Senkewicz, Florida Dep- uty Insurance Commissioner, Office of Insurance BENEFITS LEGISLATION Regulation, Tallahassee; Michael T. McRaith, Illinois Committee on Veterans’ Affairs: Committee concluded a Director of Insurance, Chicago; Fred J. Joseph, Colo- hearing to examine pending benefits legislation, after rado Securities Commissioner, Denver, on behalf of receiving testimony from Bradley G. Mayes, Direc- the North American Securities Administrators Asso- tor, Compensation and Pension Service, Veterans ciation, Inc., Stephan R. Leimberg, Leimberg Infor- Benefits Administration, Department of Veterans Af- mation Services, Inc., Havertown, Pennsylvania; fairs; R. Chuck Mason, Legislative Attorney, Amer- James J. Avery, Individual Life Insurance, Prudential ican Law Division, Congressional Research Service, Financial, Newark, New Jersey, on behalf of the Library of Congress; Robert Jackson, Veterans of American Council of Life Insurers; Scott Peden, Life Foreign Wars of the United States, and Ian Partners, Inc., Waco, Texas; and Michael Freedman, DePlanque, American Legion, both of Washington, Coventry First LLC, Fort Washington, Pennsylvania. D.C.; Raymond Kelley, AMVETS, Lanham, Mary- land; and Rebecca Poynter, Annapolis, Maryland. h House of Representatives cal years 2011 through 2014, by a yea-and-nay vote Chamber Action of 233 yeas to 193 nays, Roll No. 216. Consider- Public Bills and Resolutions Introduced: 24 pub- ation of the conference report began on Tuesday, lic bills, H.R. 2159–2182; and 5 resolutions, H.J. April 28th. Pages H4920–28 Res. 44; H. Con. Res. 114; and H.Res. 377–378, H. Res. 371, the rule providing for consideration 380, were introduced. Pages H4998–99 of the conference report, was agreed to on Tuesday, Additional Cosponsors: Pages H4999–H5000 April 28th. Report Filed: A report was filed today as follows: Pursuant to the provisions of the conference report H. Res. 379, providing for consideration of the accompanying S. Con. Res. 13, H.J. Res. 45, in- bill (H.R. 627) to amend the Truth in Lending Act creasing the statutory limit on the public debt, is to establish fair and transparent practices relating to considered agreed to in the House. the extension of credit under an open end consumer Suspensions—Proceedings Resumed: The House credit plan (H. Rept. 111–92). Page H4998 agreed to suspend the rules and pass the following Chaplain: The prayer was offered by the Guest measures which were debated on Tuesday, April Chaplain, Reverend Grzegorz ‘‘Greg’’ Brozonowicz, 28th: St. Mary’s Mother of the Redeemer Roman Catholic Supporting the goals and ideals of Financial Church, Groton, Connecticut. Page H4917 Literacy Month 2009: H. Res. 357, to support the goals and ideals of Financial Literacy Month 2009, Setting forth the congressional budget for the 2 United States Government for fiscal year 2010, by a ⁄3 recorded vote of 419 ayes to 3 noes, Roll revising the appropriate budgetary levels for fis- No. 217; Page H4928 cal year 2009, and setting forth the appropriate Supporting the mission and goals of 2009 Na- budgetary levels for fiscal years 2011 through tional Crime Victims’ Rights: H. Res. 109, to sup- 2014—Conference Report: The House agreed to port the mission and goals of 2009 National Crime the conference report to accompany S. Con. Res. 13, Victims’ Rights week to increase public awareness of setting forth the congressional budget for the United the rights, needs, and concerns of victims and sur- States Government for fiscal year 2010, revising the vivors of crime in the United States, and to com- appropriate budgetary levels for fiscal year 2009, and memorate the 25th anniversary of the enactment of setting forth the appropriate budgetary levels for fis- the Victims of Crime Act of 1984, by a 2⁄3 recorded

VerDate Nov 24 2008 05:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP9.REC D29APPT1 jbell on PROD1PC69 with DIGEST April 29, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D471 vote of 422 ayes with none voting ‘‘no’’, Roll No. Supporting the observance of National Child 218; and Pages H4928–29 Abuse Prevention Month: H. Res. 337, to support Family Self-Sufficiency Act of 2009: H.R. 46, to the observance of National Child Abuse Prevention provide for payment of an administrative fee to pub- Month. Pages H4958–59 lic housing agencies to cover the costs of admin- Suspensions: The House agreed to suspend the rules istering family self-sufficiency programs in connec- and pass the following measure: tion with the housing choice voucher program of the Protecting Incentives for the Adoption of Chil- Department of Housing and Urban Development, by dren with Special Needs Act of 2009: S. 735, to en- a 2⁄3 recorded vote of 397 ayes to 19 noes, Roll No. sure States receive adoption incentive payments for 221. Page H4940 fiscal year 2008 in accordance with the Fostering Oath of Office—Twentieth Congressional Dis- Connections to Success and Increasing Adoptions Act trict of New York: Representative-elect Scott Mur- of 2008. Pages H4959–60 phy presented himself in the well of the House and Credit Cardholders’ Bill of Rights Act of 2009: was administered the Oath of Office by the Speaker. The House began consideration of H.R. 627, to Earlier, the Clerk of the House transmitted a fac- amend the Truth in Lending Act to establish fair simile copy of a letter from Mr. Todd D. Valentine and transparent practices relating to the extension of and Mr. Stanley L. Zalen, Co-Executive Directors of credit under an open end consumer credit plan. Fur- the New York State Board of Elections, indicating ther proceedings were postponed until tomorrow, that, according to the unofficial returns of the Spe- April 30th. Pages H4960–69 cial Election held March 31, 2009, the Honorable Consideration of the measure was initiated pursu- Scott Murphy was elected Representative to Congress ant to an order of the House agreed to on Tuesday, for the Twentieth Congressional District, State of April 28th. New York. Page H4939 Advisory Committee on the Records of Con- Whole Number of the House: The Speaker an- gress—Appointment: The Chair announced the nounced to the House that, in light of the adminis- Speaker’s appointment of the following member on tration of the oath to the gentleman from New the part of the House to the Advisory Committee on York, Mr. Murphy, the whole number of the House the Records of Congress: Mr. Joseph Cooper of Balti- is adjusted to 434. Pages H4939–40 more, Maryland. Page H4969 Local Law Enforcement Hate Crimes Prevention Advisory Committee on the Records of Con- Act of 2009: The House passed H.R. 1913, to pro- gress—Reappointment: Read a letter from Rep- vide Federal assistance to States, local jurisdictions, resentative Boehner, Minority Leader, in which he and Indian tribes to prosecute hate crimes, by a re- reappointed Mr. Jeffrey W. Thomas of Ohio to the corded vote of 249 ayes to 175 noes, Roll No. 223. Advisory Committee on the Records of Congress. Pages H4940–58 Page H4969 Rejected the Gohmert motion to recommit the Congressional-Executive Commission on the Peo- bill to the Committee on the Judiciary with instruc- ple’s Republic of China—Appointment: The tions to report the same back to the House forthwith Chair announced the Speaker’s appointment of the with amendments, by a yea-and-nay vote of 185 yeas following Members of the House of Representatives to 241 nays, Roll No. 222. Pages H4956–58 to the Congressional-Executive Commission on the Pursuant to the rule, the amendment in the na- People’s Republic of China: Representative Levin, ture of a substitute recommended by the Committee Co-Chairman; Representatives Kaptur, Honda, Walz, on the Judiciary now printed in the bill, modified Wu, Smith (NJ), Manzullo, Royce, and Pitts. by the amendment printed in H. Rept. 111–91, Page H4970 shall be considered as adopted. Page H4940 Commission to Study the Potential Creation of a H. Res. 372, the rule providing for consideration National Museum of the American Latino—Ap- of the bill, was agreed to by a recorded vote of 234 pointment: Read a letter from Representative ayes to 190 noes, Roll No. 220, after agreeing to Boehner, Minority Leader, in which he appointed order the previous question by a recorded vote of Mr. Danny Vargas of Herndon, Virginia as a voting 234 ayes to 181 noes, Roll No. 219. Pages H4929–38 member of the Commission to Study the Potential Suspension—Proceedings Resumed: The House Creation of a National Museum of the American agreed to suspend the rules and agree to the fol- Latino. Page H4970 lowing measure which was debated on Monday, Senate Message: Message received from the Senate April 27th: today appears on page H4969.

VerDate Nov 24 2008 05:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP9.REC D29APPT1 jbell on PROD1PC69 with DIGEST D472 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2009 Quorum Calls—Votes: Two yea-and-nay votes and MILITARY HEALTH SYSTEM six recorded votes developed during the proceedings Committee on Armed Services: Subcommittee on Mili- of today and appear on pages H4927–28, H4928, tary Personnel held a hearing on Military Health H4929, H4937–38, H4938, H4940, H4957–58, System: Health Affairs/TRICARE Management Ac- and H4958. There were no quorum calls. tivity Organization. Testimony was heard from the Adjournment: The House met at 10 a.m. and ad- following officials of the Department of Defense: journed at 10:21 p.m. Gail H. McGinn, Acting Under Secretary, Personnel and Readiness; Ellen P. Embrey, Acting Assistant Committee Meetings Secretary, Health Affairs; and MG Elder Granger, USA, Deputy Director, TRICARE Management Ac- USDA’S CIVIL RIGHTS OFFICE tivity; LTG Eric Schoomaker, USA, Commanding Committee on Agriculture: Subcommittee on Depart- General, U.S. Army Medical Command, Surgeon ment Operations, Oversight, Nutrition and Forestry General, U.S. Army; VADM Adam Robinson, USN, held a hearing on the U.S. Department of Agri- Surgeon General, U.S. Navy; and LTG James G. culture’s Office of the Assistant Secretary for Civil Roudebush, USAF, Surgeon General, U.S. Air Force. Rights. Testimony was heard from Joe Leonard, Jr., STRENGTHENING AMERICA’S Assistant Secretary, Civil Rights. USDA; Lisa COMPETITIVENESS Shames, Director, Natural Resources and Environ- ment Division, GAO. Committee on Education and Labor: Held a hearing on Strengthening America’s Competitiveness through COMMERCE, JUSTICE, SCIENCE Common Academic Standards. Testimony was heard APPROPRIATIONS from Ken James, Commissioner, Department of Edu- Committee on Appropriations: Subcommittee on Com- cation, Arkansas; former Governor James B. Hunt, merce, Justice, Science, and Related Agencies held a Jr., of North Carolina; and public witnesses. hearing on NASA. Testimony was heard from Chris- topher J. Scolese, Acting Administrator, NASA. MORTGAGE REFORM AND ANTI- PREDATORY LENDING ACT FINANCIAL SERVICES, GENERAL GOVERNMENT APPROPRIATIONS Committee on Financial Services: Ordered reported, as amended., H.R. 1728, Mortgage Reform and Anti- Committee on Appropriations: Subcommittee on Finan- Predatory Lending Act. cial Services, General Government and Related Agencies held a hearing on the FCC. Testimony was TRANSPORTATION WORKER ID CARD heard from Michael J. Copps, Acting Chairman, Committee on Homeland Security: Held a Member brief- FCC. ing on Transportation Worker Identification Card. LEGISLATIVE BRANCH APPROPRIATIONS The Committee was briefed by the following officials of the Department of Homeland Security: Maurine Committee on Appropriations: Subcommittee on Legisla- Fanguy, Director, Maritime and Surface Credential- tive Branch held a hearing on the Library of Con- ing, Transportation Security Administration; and gress and Open World Leadership Center. Testimony ADM James Watson, USCG, Director, Prevention was heard from the following officials of the Library Policy for Marine Safety, Security and Stewardship, of Congress: James Billington, Librarian of Congress; U.S. Coast Guard. and Jo Ann Jenkins, Chief Operating Officer; and Ambassador John O’Keefe, Executive Director, Open LIBRARY OF CONGRESS IT STRATEGIC World Leadership Center. PLANNING EFFECTIVE COUNTERINSURGENCY Committee on House Administration: Held a hearing on Library of Congress IT Strategic Planning. Testi- Committee on Armed Services: Held a hearing on Effec- mony was heard from the following officials of the tive Counterinsurgency: The Administration’s Per- Library of Congress: Laura Campbell, Chief Informa- spective on the Future of the U.S.-Pakistan Military tion Officer; James Billington, Librarian of Congress; Partnership. Testimony was heard from the fol- Jo Ann Jenkins, Chief Operating Officer; and Karl lowing officials of the Department of Defense: Schornagel, Inspector General. Michele Flourney, Under Secretary, Policy; and VADM James A. Winnefeld, Jr., USN, Director, MISCELLANEOUS MEASURES Strategic Plans and Policy, Joint Chiefs of Staff; and Committee on Natural Resources: Ordered reported, as Ambassador Richard A. Boucher, Assistant Secretary, amended, the following bills: H.R. 1018, To amend South and Central Asian Affairs; Department of the Wild and Free-Roaming Horses and Burros Act State. to improve the management and long-term health of

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wild and free-roaming horses and burros, and for of rule XXI are waived. The rule provides one mo- other purposes; and H.R. 689, To interchange the tion to recommit with or without instructions. Tes- administrative jurisdiction of certain Federal lands timony was heard from Representatives Gutierrez, between the Forest Service and the Bureau of Land Maloney, Minnick, Pingree, Polis, Price (NC), Hin- Management, and for other purposes. chey, Jackson-Lee (TX), Carney, Cohen, Welch, OVERSIGHT—WMATA Boccieri, Shuster, Jones, and Sessions. Committee on Oversight and Government Reform: Sub- MISCELLANEOUS MEASURES committee on Federal Workforce, Postal Service and the District of Columbia held an oversight hearing Committee on Science and Technology: Ordered reported on the Washington Metropolitan Area Transit Au- the following bills: H.R. 2020, amended, Net- thority (WMATA). Testimony was heard from the working and Information Technology Research and following officials of the Washington Metropolitan Development Act of 2009; H.R. 1736, International Area Transit Authority: Jim Graham, Chairman, Science and Technology Cooperation Act of 2009; Board of Directors; John B. Catoe, General Manager; and H.R. 1709, amended, STEM Education Coordi- and Helen Lew, Inspector General; Matthew Welbes, nation Act of 2009. Executive Director and Acting Deputy Adminis- trator, Federal Transit Administration, Department CLIMATE CHANGE SOLUTIONS FOR SMALL of Transportation; and public witnesses. BUSINESSES AND FAMILY FARMERS Committee on Small Business: Held a hearing entitled U.S. POLICY TOWARD CUBA-NATIONAL ‘‘Climate Change Solutions for Small Businesses and SECURITY IMPLICATIONS Family Farmers.’’ Testimony was heard from public Committee on Oversight and Government Reform: Sub- witnesses. committee on National Security held a hearing enti- tled ‘‘National Security Implications of U.S. Policy RECOVERY ACT TRANSPORTATION Toward Cuba.’’ Testimony was heard from GEN INFRASTRUCTURE PROJECTS Barry McCaffrey, USA, (ret.), former SOUTHCOM Committee on Transportation and Infrastructure: Held a Commander, Department of Defense; and public hearing on Recovery Act: 10-Week Progress Report witnesses. for Transportation and Infrastructure Programs. Tes- CREDIT CARD HOLDERS’ BILL OF RIGHTS timony was heard from the following officials of the ACT OF 2009. Department of Transportation: Ray H. LaHood; and Committee on Rules: Granted, by a non-record vote, a Calvin L. Scovel III, Inspector General; the following structured rule providing for further consideration of officials of the EPA: Lisa P. Jackson, Administrator; H.R. 627, the ‘‘Credit Cardholders’ Bill of Rights and Melissa Heist, Assistant Inspector General, Act of 2009.’’ The resolution provides that no gen- Audit; Terrence C. Salt, Principal Deputy Assistant eral debate shall be in order pursuant to the resolu- Secretary, Army (Civil Works), Corps of Engineers; tion. The rule provides that the amendment in the Department of Defense; Paul F. Prouty, Acting Ad- nature of a substitute recommended by the Com- ministrator, GSA; Donald A. Stadtler, Jr., Chief Fi- mittee on Financial Services now printed in the bill nancial Officer, AMTRAK; Dennis Alvord, Acting shall be considered as an original bill for the purpose Deputy Assistant Secretary, Economic Development, of amendment and shall be considered as read. The Department of Commerce; Katherine A. Siggerud, rule waives all points of order against the amend- Managing Director, Physical Infrastructure Issues, ment in the nature of a substitute except for clause GAO; and public witnesses. 10 of rule XXI. The rule makes in order only those amendments FUNDING THE VA OF THE FUTURE printed in the report of the Committee on Rules. Committee on Veterans’ Affairs: Held a hearing on The amendments made in order may be offered only Funding the VA of the Future. Testimony was heard in the order printed in the report, may be offered from Jessica Banthin, Director, Modeling and Sim- only by a Member designated in the report, shall be ulation, Center for Financing, Access and Cost considered as read, shall be debatable for the time Trends, Agency for Healthcare Research and Quality, specified in the report equally divided and controlled Department of Health and Human Services; Eric K. by the proponent and an opponent, shall not be sub- Shinseki, Secretary of Veterans Affairs; Randall ject to amendment, and shall not be subject to a de- Williamson, Director, Healthcare Team, VA/DOD mand for a division of the question in the House or Health Care Issues, GAO; Sidath Viranga Panangala, in the Committee of the Whole. All points of order Analyst in Veterans Policy, Congressional Research against the amendments except for clauses 9 and 10 Service, Library of Congress; and public witnesses.

VerDate Nov 24 2008 05:09 Apr 30, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D29AP9.REC D29APPT1 jbell on PROD1PC69 with DIGEST D474 CONGRESSIONAL RECORD — DAILY DIGEST April 29, 2009 HEALTH REFORM Committee on Foreign Relations: to hold hearings to exam- ine confronting piracy off the coast of Somalia, 2:30 p.m., Committee on Ways and Means: Continued hearings on SD–419. Health Reform in the 21st Century: Employer Spon- Committee on Health, Education, Labor, and Pensions: to sored Insurance. Testimony was heard from public hold hearings to examine primary health care access re- witnesses. form, focusing on community health centers and the na- tional health service corps, 10 a.m., SD–430. HUMINT/HUMINT-ENABLING BRIEFING; Committee on Homeland Security and Governmental Affairs: OVERHEAD BRIEFING to hold hearings to examine the nominations of Ivan K. Fong, of Ohio, to be General Counsel, Department of Permanent Select Committee on Intelligence: Met in execu- Homeland Security; to be immediately followed by a tive session to receive a briefing on HUMINT/ hearing to examine the nomination of Timothy W. Man- HUMINT-Enabling. Testimony was heard from de- ning, of New Mexico, to be Deputy Administrator for partmental witnesses. National Preparedness, Federal Emergency Management The Committee also met in executive session to Agency, Department of Homeland Security, 10 a.m., receive a briefing on Overhead. Testimony was heard SD–342. from departmental witnesses. Subcommittee on Oversight of Government Manage- ment, the Federal Workforce, and the District of Colum- bia, to hold hearings to examine national security reform, Joint Meetings focusing on implementing a national security service workforce, 2:30 p.m., SD–342. No joint committee meetings were held. Committee on Indian Affairs: business meeting to con- f sider S. 151, to protect Indian arts and crafts through the improvement of applicable criminal proceedings, S. 443, COMMITTEE MEETINGS FOR THURSDAY, to transfer certain land to the United States to be held APRIL 30, 2009 in trust for the Hoh Indian Tribe, to place land into trust for the Hoh Indian Tribe, and the nomination of Yvette (Committee meetings are open unless otherwise indicated) Roubideaux, of Arizona, to be Director of the Indian Health Service, Department of Health and Human Serv- Senate ices, 9:30 a.m., SD–628. Committee on Appropriations: Subcommittee on Transpor- Committee on the Judiciary: Subcommittee on Immigra- tation, Housing and Urban Development, and Related tion, Refugees and Border Security, to hold hearings to Agencies, to hold hearings to examine the Department of examine comprehensive immigration reform in 2009, 2 Transportation’s implementation of the American Recov- p.m., SD–226. ery and Reinvestment Act (ARRA), 9:15 a.m., SD–138. Select Committee on Intelligence: to hold closed hearings to Full Committee, to hold hearings to examine proposed examine certain intelligence matters, 3 p.m., S–407, Cap- budget estimates for fiscal year 2010 for the War Supple- itol. mental, 10 a.m., SD–106. Committee on Armed Services: to hold hearings to examine House the Secretary of Defense’s 2010 budget recommendations, Committee on Armed Services, hearing on reform of major 9:30 a.m., SH–216. weapons system acquisition and related legislative pro- Subcommittee on Airland, to hold hearings to examine posals, 10 a.m., 2118 Rayburn. the current and future roles, missions, and capabilities of Subcommittee on Strategic Forces, hearing on space United States military air power, 2 p.m., SR–222. system acquisitions and the industrial base, 1 p.m., 2212 Committee on Energy and Natural Resources: business Rayburn. meeting to consider the nominations of Kristina M. John- Committee on Education and Labor, Subcommittee on son, of Maryland, to be Under Secretary, Steven Elliot Workforce Protections, hearing on Improving OSHA’s Koonin, of California, to be Under Secretary for Science, Enhanced Enforcement Programs, 10 a.m., 2175 Ray- Ines R. Triay, of New Mexico, to be Assistant Secretary burn. for Environmental Management, and Scott Blake Harris, Committee on Energy and Commerce, Subcommittee on of Virginia, to be General Counsel, all of the Department Health, hearing entitled ‘‘Swine Flu Outbreak and the of Energy, Hilary Chandler Tompkins, of New Mexico, U.S. Federal Response,’’ 10 a.m., 2123 Rayburn. to be Solicitor of the Department of the Interior, and Committee on Foreign Affairs, Subcommittee on Inter- pending legislation on Renewable Electricity Standard national Organizations, Human Rights, and Oversight, and Sitting of Interstate Electric Transmission Facilities, hearing on International Efforts to Combat Maritime Pi- 2:30 p.m., SD–366. racy, 1 p.m., 2172 Rayburn. Committee on Finance: to hold hearings to examine the Committee on Homeland Security, Subcommittee on Bor- nominations of William V. Corr, of Virginia, to be Dep- der, Maritime, and Global Counterterrorism, Member uty Secretary of Health and Human Services, and Alan B. briefing to provide an update on the Department of Krueger, of New Jersey, to be Assistant Secretary of the Homeland Security’s efforts to combat violence in the Treasury for Economic Policy, 10 a.m., SD–215. U.S.-Mexico border region, 10 a.m., 1539 Longworth.

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Subcommittee on Emergency Communications, Pre- improve SCORE, and for other purposes; H.R. 1842, Ex- paredness and Response, Member briefing on the Depart- panding Entrepreneurship Act of 2009; and H.R. 1845, ment of Homeland Security’s progress on the issue of Small Business Development Centers Modernization Act interoperable emergency communications, 9 a.m., 311 of 2009, 10 a.m., 2360 Rayburn. Cannon. Committee on Transportation and Infrastructure, Sub- Committee on the Judiciary, hearing on H.R. 1260, Pat- committee on Water Resources and Environment, hearing ent Reform Act of 2009, 10 a.m., 2141 Rayburn. on Coal Combustion Waste Storage and Water Quality, Committee on Science and Technology, Subcommittee on 10 a.m., 2167 Rayburn. Investigations and Oversight, hearing on the Role of Committee on Veterans’ Affairs, Subcommittee on Health, Science in the Regulatory Reform, 10 a.m., 2318 Ray- hearing on Charting the VA’s Progress on meeting the burn. Mental Health Needs of our Veterans: Discussion of Committee on Small Business, Subcommittee on Rural Funding, Mental Health Strategic Plan, and the Uniform Development, Entrepreneurship and Trade, to mark up the following bills: H.R. 1803, Veterans Business Center Mental Health Services Handbook, 10 a.m., 334 Cannon. Act of 2009; H.R. 1807, Educating Entrepreneurs Permanent Select Committee on Intelligence, executive, brief- through Today’s Technology Act; H.R. 1834, Native ing on Afghanistan, 10 a.m., 304–HVC. American Business Development Enhancement Act of 2009; H.R. 1838, To amend the Small Business Act to Joint Meetings modify certain provisions relating to women’s business Joint Economic Committee: to hold hearings to examine centers; H.R. 1839, To amend the Small Business Act to the economic outlook, 10 a.m., 210–CHOB.

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

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Complete consideration of H.R. morning business (not to extend beyond one hour), Senate 627—Credit Cardholders’ Bill of Rights Act of 2009 will begin consideration of S. 896, Helping Families Save (Subject to a Rule). Their Homes Act, and after a period of debate, vote on an amendment offered by Senator Durbin; following which, Senate will begin consideration of the nomination of Thomas L. Strickland, of Colorado, to be Assistant Sec- retary for Fish and Wildlife, and after a period of debate, vote on confirmation thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Forbes, J. Randy, Va., E1014 Rahall, Nick J., II, W.Va., E1008 Gingrey, Phil, Ga., E1007 Schwartz, Allyson Y., Pa., E1011 Alexander, Rodney, La., E1011, E1012 Gonzalez, Charles A., Tex., E1006 Shea-Porter, Carol, N.H., E1008 Bachmann, Michele, Minn., E1009 Green, Gene, Tex., E1008 Shuler, Heath, N.C., E1007 Barrett, J. Gresham, S.C., E1006 Jackson-Lee, Sheila, Tex., E1015, E1017 Simpson, Michael K., Idaho, E1008 Bishop, Timothy H., N.Y., E1007, E1009 Klein, Ron, Fla., E1005 Blumenauer, Earl, Ore., E1010, E1012 Larson, John B., Conn., E1007 Smith, Lamar, Tex., E1005 Braley, Bruce L., Iowa, E1013 LoBiondo, Frank A., N.J., E1005 Space, Zachary T., Ohio, E1005, E1005, E1006, E1006, Brown, Henry E., Jr., S.C., E1010 McHugh, John M., N.Y., E1006 E1007, E1008, E1008, E1009, E1010 Butterfield, G.K., N.C., E1009, E1011 Miller, Jeff, Fla., E1010, E1012 Speier, Jackie, Calif., E1014 Castle, Michael N., Del., E1013, E1014 Mitchell, Harry E., Ariz., E1013 Tsongas, Niki, Mass., E1005 Costa, Jim, Calif., E1011 Perlmutter, Ed, Colo., E1012, E1012, E1013, E1013, Yarmuth, John A., Ky., E1011 Davis, Susan A., Calif., E1005 E1013, E1014, E1014, E1015, E1017, E1018

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