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

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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, FRIDAY, FEBRUARY 13, 2009 No. 30 House of Representatives The House met at 9 a.m. and was I pledge allegiance to the Flag of the SAMMY MAHAN: ‘‘OPT ME OUT’’ United States of America, and to the Repub- called to order by the Speaker pro tem- (Mr. POE of Texas asked and was pore (Mrs. TAUSCHER). lic for which it stands, one nation under God, indivisible, with liberty and justice for all. given permission to address the House f for 1 minute.) DESIGNATION OF THE SPEAKER f Mr. POE of Texas. Madam Speaker, PRO TEMPORE this morning I was talking to my friend Sammy Mahan. He is from Bay- The SPEAKER pro tempore laid be- ANNOUNCEMENT BY THE SPEAKER town, Texas. He is a wrecker driver, fore the House the following commu- PRO TEMPORE and has five wreckers under his service. nication from the Speaker: The SPEAKER pro tempore. The He was asking me about the stimulus WASHINGTON, DC, Chair will entertain up to five requests bill. And he said, ‘‘How are we going to February 13, 2009. pay for it?’’ And I said, ‘‘Well, we don’t I hereby appoint the Honorable ELLEN O. for 1-minute speeches on each side of have the money, so we are probably TAUSCHER to act as Speaker pro tempore on the aisle. this day. going to have to borrow it maybe from the Chinese. Eventually there is going NANCY PELOSI, f Speaker of the House of Representatives. to be a tax increase.’’ f And he said, ‘‘How much is it going VOTE FOR THE STIMULUS to cost?’’ And I said, ‘‘$790 billion.’’ PRAYER (Mr. KUCINICH asked and was given Then he said, ‘‘No. How much is it The Chaplain, the Reverend Daniel P. permission to address the House for 1 going to cost me?’’ I said, ‘‘It is about Coughlin, offered the following prayer: minute and to revise and extend his re- $10,000 per family, is what they say.’’ To open the Bible, Lord, and just marks.) Then he said, ‘‘Well, I don’t have read a few lines offers such consola- Mr. KUCINICH. Madam Speaker, we $10,000; and unlike you government tion. The message may not be advice or learned today that more Americans are boys, I can’t spend money I don’t have. command an action. It is just reward- applying for jobless benefits. We also So I want you to opt me out of this ing to know You are not silent. You learned that, according to Moody’s deal.’’ And I said, ‘‘What do you mean, have words to speak. I simply need to Economy.com, that the measure that ‘opt me out’?’’ He replied, ‘‘Give me a take the time, open the Book, and lis- is before us may not create as many form. I want to sign it. You take $10,000 ten. jobs as we had hoped, perhaps only 2.2 off that $790 billion, and I don’t want to If I open my heart and listen in- million jobs by the end of 2010, leaving pay it because I don’t have the tently, I can hear Your love behind unemployment hovering around 10 per- money.’’ every word. I sense Your presence, and cent. Madam Speaker, I suspect that if it is enough for me. Amen. most Americans read this bill and they Look, I understand the limitations of f realized how much it was going to cost this bill, but we have to recognize them personally, they would want to THE JOURNAL something: Government spending is opt out of this deal. We need to come The SPEAKER pro tempore. The stimulative. We have to stimulate our up with a plan, but this isn’t the deal. Chair has examined the Journal of the economy. We have to do everything we And since people I represent can’t opt last day’s proceedings and announces can right now to try to lift America up. out, I am going to opt out for them. to the House her approval thereof. Now we can debate the details of this And that’s just the way it is. Pursuant to clause 1, rule I, the Jour- bill, and they should be debated, but f nal stands approved. one thing for sure, we need to pass this ECONOMIC RECOVERY PACKAGE f stimulus. And we are probably going to have to come back here and pass an- (Mr. PALLONE asked and was given PLEDGE OF ALLEGIANCE other stimulus, which I hope will focus permission to address the House for 1 The SPEAKER pro tempore. Will the on putting millions of people back to minute.) gentleman from Ohio (Mr. KUCINICH) work, rebuilding America, rebuilding Mr. PALLONE. Madam Speaker, last come forward and lead the House in the and building a new energy infrastruc- month the unemployment rate in- Pledge of Allegiance. ture, and making massive investments creased from 7.2 percent to 7.6 percent. Mr. KUCINICH led the Pledge of Alle- and moving our health care system in If these increases continue, we will hit giance as follows: a new direction. Vote for the stimulus. double digits this summer and would

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 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.000 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1524 CONGRESSIONAL RECORD — HOUSE February 13, 2009 reach our highest unemployment num- we will maintain or create somewhere making lithium ion batteries so that ber since the Great Depression. But between 3 million and 4 million jobs in we can make electric cars right here in this unemployment number does not the construction industry and the en- America and start selling them across tell the complete story. ergy industry; we will maintain jobs of the world. And I hope some of my Last month alone, 731,000 people sim- teachers and firefighters and police- brethren across the aisle will not vote ply gave up looking for work out of men. We will pass this bill today in the against research so we can find a way frustration with the lack of employ- House of Representatives, and I am to burn coal cleanly, against research ment prospects, and today 13.9 percent glad, because in Colorado we need this to make electric cars more affordable of Americans, or more than 21 million effort, we need these jobs, and so does to Americans, against research to of our neighbors, have either given up the rest of the Nation. make our houses more efficient. looking for a job or are working in a f This is a plan to start an economic job that is no longer full time. These energy revolution. We should pass it KEEP OUR COMMITMENT TO THE workers are underemployed. and be proud of it today. AMERICAN PEOPLE These numbers are a stark reminder f of how important it is for us to get (Mr. COLE asked and was given per- VOTE ‘‘NO’’ ON THE STIMULUS these people back to work, and that is mission to address the House for 1 BILL why we need to pass the economic re- minute.) covery package today without delay. Mr. COLE. Madam Speaker, I rise (Mr. COFFMAN of Colorado asked Madam Speaker, we have an oppor- today to ask that we all uphold the and was given permission to address tunity to create or save 3.5 million honor of the House and keep our com- the House for 1 minute and to revise jobs. Let’s do the right thing and get mitment to the American people. and extend his remarks.) these people back to work. Less than 3 days ago, my good friend Mr. COFFMAN of Colorado. Madam f and colleague, Mr. LEWIS of California, Speaker, buried in the stimulus bill asked this House to instruct our con- that we will be voting on today is a THE JOBS BILL HAS TURNED INTO ferees not to record their approval of provision that will gut the welfare re- A SPENDING BILL the conference agreement on the stim- form measures that the Congress (Mr. TIM MURPHY of Pennsylvania ulus bill until the text of that agree- passed in 1996. The legislation will asked and was given permission to ad- ment had been made available in an move us down a path that will take us dress the House for 1 minute.) electronic, searchable, and away from welfare reform that re- Mr. TIM MURPHY of Pennsylvania. downloadable form for at least 48 quired work, training, and education in Madam Speaker, a couple of months hours. That motion passed unani- exchange for benefits, back to the old ago, the talk from congressional lead- mously. system that says to single young ership was to produce legislation that Essentially, we gave our word, the women that, as long as you don’t get was about providing jobs for America’s word of the people’s House, to all married, don’t get a job, and keep hav- families and small businesses, with lots Americans, guaranteeing them that ing children, that we will continue to of opportunities for our needed invest- they would have ample opportunity to subsidize you at taxpayers’ expense. ments. review this proposed legislation. The old system that this legislation Sadly, what was supposed to be a jobs This bill was filed last night. It is moves us to kept generations of Amer- bill has turned into a spending bill that over 1,000 pages long. And, with the ex- ican families in poverty, and I urge a is going to provide about a $7.70 tax ception of omnibus legislation, it is the ‘‘no’’ vote on the stimulus bill. break for workers while adding $9,400 of largest spending bill this House has f debt, plus or minus some, with inter- ever considered. Madam Speaker, I PROVIDING FOR CONSIDERATION est, for each family that is going to must confess, I haven’t had time to OF CONFERENCE REPORT ON have to be paid by our children and read the legislation; my staff hasn’t H.R. 1, AMERICAN RECOVERY grandchildren. I think if you have got had time to read the legislation; I AND REINVESTMENT ACT OF 2009 one person working in that family, it is doubt my colleagues have had time to going to take a few years of saving up read the legislation; and, most impor- Mr. PERLMUTTER. Madam Speaker, all those tax credits in order to pay for tantly, the American people have had by direction of the Committee on this bill. no time to read the legislation. Rules, I call up House Resolution 168 Plus, unfortunately, we still never So now, less than 10 hours since we and ask for its immediate consider- got guarantees that the billions of dol- could first see this 1,000-page bill, we ation. lars worth of automobiles, buses, fur- are poised to break our commitment to The Clerk read the resolution, as fol- niture, computers, and everything else the American people and to pass this lows: here even has to be made in the United legislation with little or no time to H. RES. 168 States of America. I am not very happy even read it. Resolved, That upon adoption of this resolution it shall be in order to consider the about that, and I don’t think Ameri- f cans should be, either. conference report to accompany the bill ECONOMIC RECOVERY PLAN (H.R. 1) making supplemental appropriations f (Mr. INSLEE asked and was given for job preservation and creation, infrastructure investment, energy efficiency and RECOVERY AND REINVESTMENT permission to address the House for 1 ACT science, assistance to the unemployed, and minute and to revise and extend his re- State and local fiscal stabilization, for the (Mr. PERLMUTTER asked and was marks.) fiscal year ending September 30, 2009, and for given permission to address the House Mr. INSLEE. Madam Speaker, one of other purposes. All points of order against for 1 minute.) the attributes of this economic recov- consideration of the conference report are Mr. PERLMUTTER. Madam Speaker, ery plan is it is not based on yesterday; waived except those arising under clause 9 of we just can’t ignore the facts. The it is based on tomorrow. rule XXI. The conference report shall be con- facts are, we lost 600,000 jobs last It is not your grandmother’s recov- sidered as read. All points of order against the conference report are waived. The pre- month and the prior month and the ery plan where we just built asphalt vious question shall be considered as ordered prior month, and some 3.6 million jobs and concrete; it is built on the new on the conference report to its adoption last year. Banks have failed. We have high-tech green collar jobs that can without intervening motion except: (1) 90 had a real contraction in the economy. truly give us a prolonged burst of eco- minutes of debate and (2) one motion to re- My friends on the Republican side of nomic recovery. And that is why, when commit if applicable. the aisle, their position is, ‘‘Just say I vote for this today, I am going to be POINT OF ORDER no. We like the status quo.’’ proud that we are launching a new Mr. DREIER. Madam Speaker, I We can’t afford the status quo any- Apollo clean energy project to give this make a point of order against the reso- more, ladies and gentlemen. We must country the thousands of green collar lution. act. This is a time for bold action, and jobs, to start selling high-tech clean The SPEAKER pro tempore. The gen- in the Recovery and Reinvestment Act energy products to China, to start tleman will state his point of order.

VerDate Nov 24 2008 23:50 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.004 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1525 Mr. DREIER. Madam Speaker, I hours to be provided for Members of Rules Committee, which went on for make a point of order against this reso- Congress and the American people to quite a while, I have to say that there lution because the resolution is in vio- see this measure before we would have is a lot of hope involved in this 1,000- lation of section 426(a) of the Congres- a chance to vote on it. We all know, as page bill. But there are things about it sional Budget Act. Speaker PELOSI said yesterday, that that we know. It is approaching $1 tril- The resolution before us violates the this is both transformational and his- lion when you take interest in consid- provisions of 426(a) because it contains toric. And for that reason, I believe eration. I know it is $790 billion, but a waiver of all points of order against that if we have a measure before us when you take into consideration the the conference report, including a that is historic and transformational, interest that will be shouldered, it is a waiver of section 425 of the Congres- we should comply with the vote that $1 trillion package. We know that. sional Budget Act which prohibits the was cast by every single Member who The hope is that people are saying it consideration of a conference report in was present at the time saying that 48 is this or nothing else, Madam Speak- violation of the Unfunded Mandates hours should be provided. And unfortu- er, this or nothing else. And I have got Reform Act. nately, there was virtually no time to tell you that that is not the case. We got this 1,000-page package online provided. We had a copy of the bill That is not the case. We, as Repub- after midnight, totally in violation of placed before us in the Rules Com- licans, have come forward with a pack- the 48-hour commitment that was mittee very late last night. And it is age from our economic stimulus work- made by every Member to support that my understanding that the online ing group which I believe would pre- period of time during which it could be measure at that point, which was tout- vent us from having to deal with any- read; and we have no idea, Madam ed by Members who were in the Rules thing like this whatsoever. And the Speaker, as to whether or not there are Committee, actually omitted three sec- point of order that I’m raising, Madam in fact unfunded mandates in this tions of the bill and that it was not Speaker, has to do with the fact that measure. placed online as we’re going to be vot- we don’t know what is in here. I don’t The SPEAKER pro tempore. The gen- ing on it today until after midnight; think that anyone knows whether or tleman from California makes a point after midnight. So that means earlier not there are unfunded mandates in of order that the resolution violates this morning is when it was placed on- here that have been imposed on the pri- section 426(a) of the Congressional line. vate sector, on the American people, or Budget Act of 1974. Now, Madam Speaker, I have a state- on local governments. The gentleman has met the threshold ment here from our good friend, the And so with that, I would like to, at burden to identify the specific lan- distinguished majority leader, Mr. this juncture, reserve the balance of guage in the resolution on which the HOYER, who said, ‘‘The House is sched- my time, Madam Speaker. point of order is predicated. Such a uled to meet at 9 a.m. tomorrow and is Mr. PERLMUTTER. Madam Speaker, point of order shall be disposed of by expected to proceed directly to consid- I yield myself such time as I might the question of consideration. eration of the American Recovery and consume. The gentleman from California and Reinvestment conference report. The Technically, this point of order is the gentleman from Colorado each will conference report text will be filed this about whether or not to consider the control 10 minutes of debate on the evening, giving Members enough time rule and ultimately the underlying bill. question of consideration. to review the conference report before But we know what it is really about, After that debate the Chair will put voting on it tomorrow afternoon.’’ and that is about trying to block the the question of consideration, to wit: Madam Speaker, the American peo- bill without any opportunity for debate Will the House now consider the resolu- ple are hurting. We are going through and without any opportunity for an up- tion? one of the most difficult economic or-down vote on the legislation itself. The Chair recognizes the gentleman challenges that we’ve faced in modern And that is just plain wrong. from California. history. There is no doubt about it. In I sincerely hope my colleagues will Mr. DREIER. Madam Speaker, let me fact, if one looks at the economic vote ‘‘yes’’ so we can consider this crit- begin by saying I see my friend from downturn, we suffered in 1991 and 2001 ical legislation today on its merits and Colorado (Mr. PERLMUTTER) here. It very, very shallow economic reces- not kill it on a procedural motion. We was announced late last night when we sions. The early 1980s was the last time have a long day ahead. Let’s not waste were in the Rules Committee that the we faced a challenge as difficult as the any more time on trying to stop this distinguished Chair of the Committee one we are in the midst of today. We legislation from being debated or en- on Rules, Mrs. SLAUGHTER, would be have put forward a very pro-growth acted. Those who oppose the bill can managing this rule; and I can only sur- economic package that I know that the vote against it on final passage. That is mise that she is not here due to the American people would be able to sup- their prerogative. We must consider very tragic news that we got overnight port. And I’m convinced, based on the this rule, and we must pass this con- of the loss of 48 lives in the Continental empirical evidence that we have of ference report for the American Recov- plane crash that took place just out- what took place in 1961 and 1981, it ery and Reinvestment Act today. side of Buffalo. would unleash the potential of the I have the right to close. But in the Mr. PERLMUTTER. Will the gen- American people, because we are the end, I will urge my colleagues to vote tleman yield? most productive worker on the face of ‘‘yes’’ to consider the rule. Mr. DREIER. Yes, I am happy to the the Earth. We are the people who are And with that, Madam Speaker, I re- yield to my friend. the most innovative in the world. And serve the balance of my time. for us to, in any way, constrain that Mr. DREIER. Madam Speaker, may I b 0915 growth potential is, I believe, wrong. inquire how much time is remaining on Mr. PERLMUTTER. Yes, the plane And what we have before us is a 1,000- the debate on the point of order. crash is why she is not here today. And page bill. This is 1,000 pages, Madam The SPEAKER pro tempore. The gen- it is a tragedy that we all feel this Speaker. And I’m reminded when Ron- tleman from California has 4 minutes morning. ald Reagan was delivering a State of remaining. Mr. DREIER. Reclaiming my time, the Union message when he held up a Mr. DREIER. At this time I would that is exactly what I wanted to say. document that was just about like this, like to yield 1 minute to my good As we begin this debate, our thoughts and he dropped it right there on the friend from Texas (Mr. POE). and prayers go to all of the victims and lectern. And he said that he would Mr. POE of Texas. Madam Speaker, I the families and Mrs. SLAUGHTER whom never sign anything like that again. thank the gentleman for yielding. I know is dealing with that issue, And here we are on Friday the 13th of Madam Speaker, procedure is impor- Madam Speaker. 2009, we are in the midst of considering tant. Procedure rules are important be- Let me say, as we now focus on this a measure following a campaign that cause they are placed there for a rea- very, very important debate, we had a promised transparency, disclosure, ac- son. This House unanimously voted unanimous vote here in the House, a countability and hope. And as we lis- that there should be 48 hours after a unanimous vote, that called for 48 tened to the debate last night in the bill is filed before we voted on it. The

VerDate Nov 24 2008 23:50 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.007 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1526 CONGRESSIONAL RECORD — HOUSE February 13, 2009 reason for that is to give us time to your alternative makes much more losing every job in the State of Maine. read it. It is unconscionable that we sense. Even more troubling is the news that would vote on a 1,000-page bill without And so, Madam Speaker, I want to our Nation is expected to lose another at least reading the bill. But we didn’t disabuse any of my colleagues of this 3 to 5 million jobs within the next year get 48 hours. I guess the motion really notion that we want to do nothing. We if we don’t take action now. And it meant 4 to 8 hours, because that is all very much want to work diligently to must be taken now. In fact, 2008 was we’ve really received, 4 to 8 hours to ensure that we can get our economy the worst year for job loss since 1945, decide whether or not to proceed. back on track. And we have a pro- while unemployment has skyrocketed We need more time to read the bill. growth package which is modeled after to the highest level in 26 years. Let’s stay here until tomorrow or Sun- what John F. Kennedy did in 1961 and Madam Speaker, Americans are wor- day or Monday. But let’s read the bill, what Ronald Reagan did in 1981. ried. Nothing is on the minds of Amer- regardless of our position on it, and And with that, I yield back the bal- ican workers and families more than then we can be knowledgeable to vote ance of my time. the troubled state of our economy. on this $1-trillion package one way or Mr. PERLMUTTER. Madam Speaker, b 0930 the other. The idea that we’re going to again I want to urge a ‘‘yes’’ vote so At dinner tables across this Nation, vote on a bill we haven’t read because that we can consider this rule and con- American families are concerned, not we didn’t get time to do it is absurd, sider the legislation today. It is not a only about our country’s economy, but Madam Speaker. time for delay. It is not a time for inac- about their own futures and their own Mr. DREIER. Madam Speaker, I yield tion. For 8 years, we’ve had continued well-being. Will they have a job next myself the balance of my time to say deferred maintenance, we’ve had con- week? Will they be able to retire when this saddens me greatly. President tinued problems in the economy to the they plan to? Will they be able to af- Obama has come forward and talked point we are now required to move for- ford their mortgage? Can they sell about the issue of transparency, disclo- ward and move forward in a bold way. their house? What about the rent and sure and accountability, and he has That is the purpose of the American talked about hope, and he has talked the child’s education? Recovery and Reinvestment Act. It has We must act now to turn things about change. And we’ve all been very been discussed and debated over the around. If nothing is done, our econ- inspired by the words of President course of the last month in full view of omy will continue its downward spiral, Obama. And we’ve been inspired by the American people. And it is time to jeopardizing the futures of all Ameri- many of his actions and his effort to take it up here in the Congress and cans. reach out and work with us in a bipar- pass it. As President Roosevelt once said, ‘‘In tisan way to deal with the challenge of And with that I urge a ‘‘yes’’ on the our seeking for economic and political getting our economy back on track. It consideration of the rule. progress, we all go up, or else we all go is something that I believe is terrific. The SPEAKER pro tempore. The down.’’ It’s wonderful. And it’s what is needed question is, Will the House now con- And, Madam Speaker, I join my col- at this time. sider the resolution? leagues here today determined to make But I will say, Madam Speaker, that The question of consideration was de- sure that all Americans go up, each as we look at what has been put before cided in the affirmative. and every one of us. We are here to us, a 1,000-page bill, and we are told by The SPEAKER pro tempore. The gen- take swift, bold action to boost our so many that if we don’t vote for this tleman from Colorado is recognized for economy and put Americans back to bill, we’re choosing to do nothing, in 1 hour. work. Our actions today may deter- fact, I will say that I did not like it Mr. PERLMUTTER. Madam Speaker, mine the prosperity and well-being of when the President said that there are for purposes of debate only, I yield the Americans for generations to come. some out there who want to do noth- customary 30 minutes to the gen- This compromise of the American ing. And Madam Speaker, I will say tleman from California (Mr. DREIER). Recovery and Reinvestment Act is a that I know of no Republican, no Dem- All time yielded for consideration of major victory for the American people. ocrat, I know of no one in this country the rule is for debate only. It will help strengthen our economy who wants to do nothing. Because just And I yield myself such time as I and help Americans hurt by this reces- the other night when I had a telephone may consume. sion today, as well as investing in our town hall meeting and listened to a GENERAL LEAVE shared future. number of people, including a small Mr. PERLMUTTER. I also ask unani- This bill will create and save nearly contractor, a small businessman who is mous consent that all Members be 4 million jobs, jump-start our economy, a building contractor, having trouble given 5 legislative days in which to re- and bring the process of transforming getting access to credit so that he can vise and extend their remarks on House it for the 21st century with carefully get to work, I was struck with the fact Resolution 168. targeted priority investments. We will that he told me, looking at a $1-trillion The SPEAKER pro tempore. Is there also provide immediate direct tax re- measure is not only not going to help objection to the request of the gen- lief to over 95 percent of all Americans. him, but in fact, it will exacerbate, it tleman from Colorado? Madam Speaker, for our future, we will worsen the challenges that he has. There was no objection. will significantly increase clean, re- We talked about our alternative. Mr. PERLMUTTER. Madam Speaker, newable energy production, invest in a In fact, in this town hall meeting, America is in a tough spot today. new smart power grid, put people to Madam Speaker, one of my constitu- Today we face one of the greatest eco- work in the short-term, while freeing ents asked me at the outset to support nomic challenges we’ve seen in the his- us from our dependence on foreign oil President Obama and his package. And tory of this Nation. With this great in the long run. when I began explaining the difficulty economic crisis comes great responsi- We’ll renovate buildings and homes with this package and the alternative bility for this body which is vested to to make them more energy efficient, that we have that is focused on small represent the best interests of the and create jobs that can’t be sent over- businesses, entrepreneurs, the self-em- American people. Madam Speaker, the seas, while helping to curb global ployed and families across this coun- Bush administration left us with the warming at the same time. We will re- try, focusing on marginal rate reduc- worst economy we’ve faced since World build our crumbling infrastructure and tion, focusing on encouraging responsi- War II. Like President Franklin D. improve our roads, bridges, and bility so that people can gain equity in Roosevelt did over 75 years ago, we schools, and in doing so, we will their homes by incentivizing them to must build a floor under our economic strengthen our path forward. make a greater down payment on that downward spiral and set America on a We will invest in our health care sys- home and to take up the inventory new, more prosperous course. tem, cutting red tape and ensuring that exists there, as I walked through Since this recession began, 3.6 mil- broader coverage, while saving count- these provisions, this person who began lion Americans have lost their jobs. less lives and dollars. saying to me that it was imperative Last month alone, the country lost Finally, this legislation will assist that I support this package then said, nearly 600,000 jobs, the equivalent of those who have been impacted most by

VerDate Nov 24 2008 23:50 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.049 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1527 this crisis, by increasing food stamp Mr. DREIER. Let me begin, as I did We all understand, Madam Speaker, and unemployment benefits, and mak- at the outset of the debate on the un- the urgency that is there. No one wants ing it easier for those who lose their funded mandate point of order, Madam to delay action. No one wants to delay jobs to keep their health insurance. Speaker, by saying that we are all sad- action on this very important bill be- These are just a few highlights of this dened with the very tragic news that cause of the fact that the American comprehensive bill. Ms. SLAUGHTER and her constituents people are hurting. Madam Speaker, the American peo- have faced with the tragic plane crash But we do know this: What we’ve ple are hurting and they demand ac- which has taken place just outside of been able to see in this measure, in tion. But they are also justifiably con- Buffalo with, reportedly, 48 people fact, goes way beyond the goal that is cerned about government spending in killed, and our thoughts and prayers stated, that being stimulating our such difficult times. I want them to continue to be with all of them. economy. We understand that impor- know that this bill contains strict Let me say, at the beginning of this, tant infrastructure spending cannot transparency and accountability meas- Madam Speaker, I asked my friend only play an important role in creating ures. It is open and visible and will be who’s managing this rule to yield to jobs, but it also can deal with the very for people to look on the Web for each me, because I find it—I will associate important issue of goods movement, dollar that is spent. Americans will be myself with many of the points that he ensuring that our constituents are able able to go on-line to see how their tax made. I will associate myself with cer- to move around. We know that the grid dollars are being spent and provide tainly his closing remarks about the and broadband infrastructure develop- comment. ability of the United States of America ment is critical if we are going to re- The bill contains no earmarks, and to take on great challenges that we main competitive in this global mar- provides important protections to face. ketplace. And yet, that is a very small But, Madam Speaker, to stand here State whistleblowers who report fraud fraction of this nearly $1 trillion meas- and somehow talk about the great de- and abuse. ure, Madam Speaker. gree of transparency, when we, at mid- Furthermore, this legislation does Now, as we listened to the testimony night, were sitting in the Rules Com- not waste any time. It will imme- that was delivered in the Rules Com- mittee, and the questions being posed diately help put people to work, main- mittee, an exchange took place be- to us could not be answered; that we tain their jobs, and begin to stabilize tween the distinguished chair of the were posing could not be answered, our economy. Just this week the CEO Committee on Appropriations and our number one. And number two, we had of Google said his company would ‘‘ab- new Rules Committee colleague, the solutely’’ hire new people if we pass before us a bill that we were told was gentlewoman from North Carolina (Ms. this bill. exactly what the gentleman had said, FOXX). And in that exchange, the ques- Additionally, economists and elected made available on-line so that the tion that was asked by Ms. FOXX was, officials from across the ideological American people could see it, and then spectrum have broadly endorsed this I arrived just a few hours later, had how many jobs are going to be created bill, and beseech us to pass it, because come in early this morning to find that by this measure? And I congratulate the distinguished they agree we need bold action to turn the measure was not even available on- chair of the Committee on Appropria- our economy around. line until well after midnight because President Roosevelt told us that three sections of the bill were, in fact, tions for pointing to the fact that he ‘‘One thing is sure, we have to do some- missing. has no idea how many jobs are going to thing. We have to do the best we know And so, my point is that we all know be created. And he correctly said that how at the moment. If it doesn’t turn how much pain there is right now we can all find our own economists who out right, we can modify it as we go across this country. When you look at support the notion of a certain number along.’’ the people who have lost their jobs, if of jobs being created. Madam Speaker, it took us many you look at people who are losing their Now, I will say that the chairman of years to get into this situation. We homes, if you look at the tragic loss of the Council of Economic Advisers, know this bill alone will not solve all life that is taking place, I talked to a Christina Romer, under President of our economic woes overnight. We good friend of mine yesterday who told Obama, has, based on her study, found know that the road back to economic me that his son’s best friend’s father that the alternative proposal that we stability and prosperity will require had just committed suicide because of Republicans offered would create near- hard work over time. But this bill is the economic downturn that we are ly twice as many jobs in half the the right size and scope necessary to facing. amount of time than this package that truly help us turn things around. I’m Madam Speaker, we know how per- is before us. So using one of his econo- proud to say that America has faced sonal this is. We know how terrible the mists, Madam Speaker, I will say it great challenges before and turned cri- situation that we face is. And that’s buttresses our argument to ensure that sis into opportunity. why I believe that the commitment we put into place our package for com- This legislation gives us the means that has been made overwhelmingly, mission growth, as opposed to a mas- to address this crisis immediately, and across the board, by Democrats and Re- sive spending bill. the opportunity to build the founda- publicans alike, that we would spend So the chairman of the Committee on tion for long-term prosperity. Like it time deliberating over this issue to en- Appropriations said he has no idea how has in the past, the ingenuity of Amer- sure that we get it right, that we would many jobs are going to be created. ican workers will be the engine of work in a bipartisan way, as President And what is it that we have before growth and prosperity if we just give Obama repeatedly has promised, from us? We have before us a package that is them a chance to get back on the job. his inaugural address right here on the indicative of what I describe as the ide- I urge my colleagues to support the west front of the Capitol to speech ological baggage of the past. It is noth- conference report on the American Re- after speech that he’s delivered, and ing but throwing money at the prob- covery and Reinvestment Act and, by through many of his actions. lem, without the kind of oversight that doing so, restore confidence, strength- Now, last night, as we sat approach- is necessary, without the kind of scru- en our economy, and ensure a brighter ing midnight in the Rules Committee, tiny that is necessary. future for our citizens from coast to my very good friend, the distinguished And as my friend from Texas, Judge coast. chair of the Committee on Appropria- POE, said earlier, one of his constitu- I now reserve the balance of my time. tions was before us, talking about the ents wants to opt out of this plan be- Mr. DREIER. Madam Speaker, I yield fact that every single day, since the cause the estimates are that it will myself such time as I might consume election, save two, he and members of cost $10,000 per family. Well, unfortu- to begin by expressing my great appre- his staff have been working to try and nately, that’s not an option that we ciation to my friend from Colorado for put this bill together. He referred to have before us right now, because this yielding me the customary 30 minutes. the fact that members of his staff, for is the measure that people are going to (Mr. DREIER asked and was given the second time in a week or two, have be voting on and I suspect will pass. permission to revise and extend his re- gone 2 days without any sleep, working I believe that it’s a mistake. I believe marks.) to put this bill together. it’s a mistake, and I will tell you who

VerDate Nov 24 2008 23:50 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.016 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1528 CONGRESSIONAL RECORD — HOUSE February 13, 2009 else I believe if he were alive would Speaker. It took years of neglect to help people put food on their tables and conclude that it’s a mistake. And we’ve bring us to this position. receive health care as they try to make used this quote repeatedly. It first As a result, we are here today, trying it through this recession. came to my attention by our friend to help our economy with a bold and We need to fix this economy, and from St. Louis, TODD AKIN, who told historic recovery package. Economists Democrats, with or without the Repub- me that his 88-year-old father who ob- ranging from conservative to liberal all licans, are going to do what is nec- viously lived during the time of the agree that a recovery package is need- essary to help the American people. Great Depression found this quote. ed and that such a package must be Enough of politics as usual. We need to Henry Morgenthau was the Treasury bold. Any recovery package, they say, move forward. The American people Secretary under Franklin Delano Roo- must provide a real shot in the arm to are looking to us for help, and this sevelt, and he testified before the the economy, and that is what we have package provides the help that they House Ways and Means Committee in before us today. We have a package need. 1939. And in that testimony, Madam that will provide immediate funding to I congratulate the Speaker and the Speaker, the Secretary of the Treas- help the economy, but it is also de- leadership and the chairman who ury, under Franklin Roosevelt, obvi- signed to prevent an economic lull like worked on this recovery package. I ously, not some right-wing conserv- the one we saw a few years after the urge my colleagues to support the rule ative economist, the Treasury Sec- Great Depression. and to support H.R. 1. retary under Franklin Roosevelt said: Madam Speaker, we have people in Mr. DREIER. Madam Speaker, I yield ‘‘We have tried spending money. We are our country who are going hungry, and myself 15 seconds. As I listen to my good friend from spending more than we have ever there is money in this package for food Worcester, I would say, my gosh, we spent, and it does not work. I say, after stamps—the most effective and immediate stimulus available—and there is certainly have seen a change in the 8 years of this Roosevelt administra- level of debate around here. It is fas- money for unemployment. There is tion, we have just as much unemploy- cinating to see. money for roads and for bridges and for ment as when we started, and an enor- Madam Speaker, as I listen to my mous debt to boot.’’ other important shovel-ready infra- friend from Colorado, I have got to tell Now, that was in 1939, Madam Speak- structure programs. Yes, there are tar- you that, when I was quoting Dr. Chris- er. We are making a mistake if we pro- geted tax cuts that will allow middle- tina Romer, chief of the Council of ceed with this measure. I believe that. and low-income families to receive tax Economic Advisers, it was her method- The American economy is going to relief during these trying times. Is it ology that was used that created twice get stronger because, as I said earlier, perfect? No. This is not the package I as many jobs at half the cost. we are the most productive, we are the would draft if it were solely up to me, With that, I am happy to yield 3 min- most innovative people on the face of but it is the package that came utes to my very hardworking Rules the earth. We’re going to get stronger. through a bipartisan and open process. Committee colleague, the gentleman My fear is that this measure will, in Now, my Republican friends had the from Miami, Florida (Mr. LINCOLN fact, slow the economic recovery that opportunity to address this problem. DIAZ-BALART). we all would like to see take place Former President Bush could have Mr. LINCOLN DIAZ-BALART of soon. acted on these programs before he left Florida. Madam Speaker, it is not I reserve the balance of my time. office, but he chose not to do so, allow- petty when we say that each Member Mr. PERLMUTTER. Madam Speaker, ing the recession to worsen. When Re- of this House should have the oppor- just two points and then I would like publicans decided to put forth an alter- tunity to read this legislation. We are to recognize my friend from Massachu- native plan, it was simply comprised of the people’s House. Every Member is setts (Mr. MCGOVERN). the failed policies of yesterday. When elected. We are all cognizant of the But I think the really sad story, Mr. economists said there should be money great difficulty being suffered by the DREIER, that you related about the sui- for food stamps, my Republican friends American people, of the jobs being lost, cide underscores the urgency of this on the other side of the aisle said ‘‘no.’’ of the very, very sad stories facing bill and the reason that it needs to be When economists said there should each of our districts. So it is not petty handled without delay. be money for transportation and infra- to say that, as the House requested, we The second point I wanted to respond structure, my Republican friends said should have 48 hours to review this leg- to is Christina Romer said that the Re- ‘‘no.’’ When economists said there islation. publican House analysis is flat wrong should be money for unemployment With regard to the substance, what in its claim that the House Republican and for aid to States for school con- we have been able to gauge is in the stimulus is much more effective. ‘‘No struction, my friends on the other side legislation. I remember when we first matter what your analytical assump- of the aisle said ‘‘no.’’ started discussing this package and, tion,’’ she says, ‘‘the plan that the Madam Speaker, it is not enough to really, the tone of bipartisanship that President supports would result in sub- say ‘‘no’’ and to simply revert to the was engulfing the Nation at the time. I stantially greater job creation than the failed policies of the past. My friends was pleased because I believed that we House Republican plan.’’ offered their package. We had a vote would be able to modernize with this And with that I would yield 3 min- and it failed miserably. People have legislation. I believed we would see a utes to my friend from Massachusetts had it with the failed economic policies modernization of the infrastructure—of (Mr. MCGOVERN). of George W. Bush. Yet, instead of try- the roads and bridges—of the United ing to work with President Obama and States. b 0945 this Congress on a real recovery pack- When I saw the first $800 billion bill Mr. MCGOVERN. Madam Speaker, on age, they continued to defy the needs that was passed on January 28, includ- January 20, President Obama and his of the American people and continued ing $30 billion for shovel-ready infra- administration inherited the worst saying ‘‘no.’’ structure projects, I thought that was economy since the Great Depression. Saying ‘‘no’’ is easy. Saying ‘‘no’’ most unsatisfactory, that a great op- A record budget deficit and a wors- means you don’t have to take responsi- portunity was being lost. Since we are ening economy, an economy that is bility for anything, but that is not going to burden the American people now losing 600,000 jobs a month, was what the American people want, and with all of this debt, I thought at least the result of failed economic policies. that is not what the American people we would modernize our infrastructure. For too long, the previous administra- voted for in the November elections. I thought, well, maybe when the bill tion allowed the deficit to rise through The SPEAKER pro tempore. The comes back it will be improved, and we wasteful spending, including unpaid time of the gentleman has expired. will see more of the $800 billion, more wars and tax cuts for the wealthiest Mr. PERLMUTTER. I yield the gen- than $30 billion within the $800 billion Americans, while ignoring the chal- tleman an additional 30 seconds. for our roads and bridges and for the lenges facing our economy. Mr. MCGOVERN. Madam Speaker, modernization of our infrastructure. Let me be clear: This economy did the bill before us will save or create When I saw the bill returning and not go bad overnight. No, Madam more than 3 million jobs, and it will that instead of $30 billion there was $29

VerDate Nov 24 2008 23:50 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.017 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1529 billion to modernize our infrastructure, from its responsibility to lead. Now is tration’s failed policies has left us no I realized that this opportunity lost is not the time for partisan bickering or choice but to take swift and decisive more than sad, because the American for political gain. Now is the time for action to tackle these challenges head people believed that this was sacrifice action, for leadership. on. for modernization, for higher produc- So today, Madam Speaker, I choose This landmark legislation represents tivity, for the creation of jobs. That is to lead by casting my vote in favor of a new chapter and a new direction for not what it is. the American Recovery and Reinvest- our great Nation. By creating 3.5 mil- So, with sadness, I rise not only to ment Act. I urge my colleagues to do lion jobs and by investing in our infra- oppose the rule but to say that this is the same. structure—physical and human—we are an unsatisfactory package and that we Mr. DREIER. Madam Speaker, at taking immediate action to restore can do better. We all believe that we this time, I am happy to yield 11⁄2 min- growth and prosperity to the American need to act. I hope that we all come to utes to my very distinguished col- people. Americans understand that a the conclusion that we must, that we league from Tulare, California (Mr. healthy environment goes hand in hand can do better. NUNES). with a healthy economy. Mr. PERLMUTTER. Madam Speaker, Mr. NUNES. Madam Speaker, this This bill gives States and renewable I would like to yield 3 minutes to the legislation is not about creating jobs. energy producers the tools they need to gentlewoman from California (Ms. If jobs were the priority of Democrats, green our energy infrastructure. It pro- MATSUI), a member of the Committee leaders would have listened to my pleas motes a green workforce, spurs green on Rules. to help California. innovation and invests heavily in our Ms. MATSUI. Madam Speaker, it is I had asked Democrat leaders to in- public lands. It does this while creating clear that our economy is in peril. For clude a provision that would not have new and long-lasting jobs that will months, the House of Representatives cost one penny. It would have simply make our country the economic, sci- has been working to develop solutions brought water to my constituents, and entific and environmental leader that to revive the job market, to keep peo- it would have saved 60,000 jobs. it once was and once again will be. ple in their homes and to restore faith Folks may ask: Why didn’t the Dem- Madam Speaker, we can and will rein the American economy. We have ocrat leaders put this in? Well, it is be- gain the world’s confidence in our held substantive hearings and mark- cause their friends in the radical envi- economy. We will retain our global ups. We have debated the merits of dif- ronmental community have decided competitiveness, and we will, indeed, ferent proposals. We have listened to that 2-inch minnows are more impor- save capitalism and free enterprise nonpartisan expert testimony on what tant than the people in my district. with one of the largest tax cuts ever. the Federal Government can do to save Just listen to a California deputy at- With its robust commitment to our the jobs we have and to create millions torney general who moonlights as a education system, this legislation in- more. radical environmentalist. Here is what vests in our children’s future and paves I have listened to and have partici- he said about my constituents: the way for generations of success. pated in this debate, and I have ‘‘What parent raises their child to be Education is the only meaningful, weighed the opinions of the experts, a farm worker? These kids are the least long-term investment we can make to but when I consider the package before educated people in America . . . They stimulate the American economy, and us today, I think mainly of the people turn to lives of crime. They go on wel- there is no better way to remain the in my district who are suffering. fare. They get into drug trafficking, world’s leader in innovation. I think of families in my district who and they join gangs.’’ The SPEAKER pro tempore. The are living on food stamps. I think of This is pathetic. You are spending $1 time of the gentleman has expired. seniors who can no longer afford to see trillion, and you will not put in one Mr. PERLMUTTER. I yield the gen- a doctor when they’re sick. I think of provision that would create or save tleman an additional 15 seconds. the new mother who has just been laid 60,000 jobs. This is an insult to my con- Mr. POLIS of Colorado. I applaud off and who is not sure if she can pay stituents, an absolute insult. President Obama and my colleagues in her mortgage next month. Vote ‘‘no’’ on this rule. Vote ‘‘no’’ on both Chambers for working hard to en- I think of Francisca Monterjano. this bill. sure that education from early child- Francisca lost most of her 401(k) when Mr. PERLMUTTER. Madam Speaker, hood through college is an important the stock market crashed last year. how much time remains on both sides? part of the recovery package. She lined up outside of Raley Field ear- The SPEAKER pro tempore. The gen- Again, I applaud the tireless efforts lier this month, along with thousands tleman from California has 16 minutes of all those involved in the crafting and of my constituents, eager for part-time remaining; the gentleman from Colo- in the negotiation of this historic legis- work even though she is retired. rado has 171⁄2 minutes remaining. lation. Francisca and the rest of my con- Mr. PERLMUTTER. Madam Speaker, stituents have spoken, Madam Speak- I would like to yield 2 minutes to the b 1000 er. They have told me clearly: gentleman from Colorado (Mr. POLIS), Mr. DREIER. Madam Speaker, it’s We need this package. We need the a member of the Committee on Rules. not often that we have the opportunity unemployment benefits and the in- Mr. POLIS of Colorado. Madam to hear the brilliance of both DIAZ- creased access to health care that it Speaker, I rise in support of the Amer- BALART brothers in the same debate. represents. We need the nearly 4 mil- ican Recovery and Reinvestment Act of Now I would like to yield 1 minute to lion jobs it will save or create. 7,800 of 2009. I want to thank Speaker PELOSI, our good friend from Miami, the other those jobs will be in my district alone, Chairman OBEY, Chairman MILLER, and DIAZ-BALART. and many of these will be in the clean all of my colleagues for doing what this Mr. MARIO DIAZ-BALART of Flor- energy industry that will drive our fu- crisis demands and for doing what the ida. Madam Speaker, we clearly need a ture economy. We need the public tran- American people have asked us to do. stimulus bill, a bill that creates jobs. sit and flood protection infrastructure This is no ordinary economic down- Unfortunately, the only thing that this that the bill will provide. We need the turn. It is a rapid meltdown that is going to stimulate is more govern- investment in primary and secondary threatens the very foundations of our ment bureaucracy and government bu- education that will help train our chil- capitalist system. The Bush adminis- reaucrats. This will not help the econ- dren for work in the jobs of the future, tration took a record budget surplus omy. and we need the tax relief that this bill and left us the largest deficit in U.S. Let me add some ammunition. contains. history. Our national debt has doubled, Only $3 billion, which is one-third of Today’s package is a product of com- and the amount we owe to foreign 1 percent to help the job creators to promise and of negotiation. It is not countries has tripled. Five million stimulate small businesses. One-third perfect. Yet the state of our economy Americans no longer have health insur- of 1 percent for small businesses that is too bleak not to act now. Millions of ance, and 7.6 million families have fall- are the job creators? And yet, it’s people across our country are suffering en into poverty. The laundry list of going to add $9,400 for all of our Amer- too much for this House to shy away mistakes from the previous adminis- ican families in debt; $9,400. Less than

VerDate Nov 24 2008 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.021 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1530 CONGRESSIONAL RECORD — HOUSE February 13, 2009 7 percent of the money goes to infra- program will be made in America, pro- will be able to have contracts in place in 90 structure. That’s shameful. duced in America, invested in America. days for a substantial portion of the funding You know, this House debated re- We can do this. We will put people to authorized by this bill. We will insist that cently the TARP bill to try to cover work. We will oversee the implementa- projects under this bill be new projects, not itself for the embarrassment, the em- tion of this program, and we will put simply replacements for projects which States barrassment and lack of accountability that on our Web site so the American were planning to carry out under existing proof that TARP bailout bill. This is just people will know that this program is grams. We will insist that Federal agencies ex- the ‘‘Son of TARP.’’ We’re going to be working. pedite the process of approving projects and embarrassed. It’s not going to help the Madam Speaker, I am pleased to rise in awarding grants. economy like it’s supposed to, and strong support of the Conference Report on With aggressive action by Federal agencies we’re going to read about the scandals. H.R. 1, the ‘‘American Recovery and Reinvest- and grant recipients, the infrastructure funds Please vote this bill down. ment Act of 2009’’. provided by this bill can produce a substantial Mr. PERLMUTTER. Madam Speaker, According to the employment statistics re- number of jobs by June, while also improving I would like to yield to the chairman of leased by the Department of Labor last week, our deteriorating infrastructure and laying the the Transportation Committee, the as of January 2009, there are 11.6 million un- foundation for our future economic growth. gentleman from Minnesota (Mr. OBER- employed persons in the U.S., for all sectors I thank Speaker PELOSI, Chairman OBEY, STAR), 3 minutes. of the economy combined. In addition, when Chairman of the Committee on Appropriations, (Mr. OBERSTAR asked and was given part-time and discouraged workers who want Chairman OLVER, Chairman of the Sub- permission to revise and extend his re- full-time jobs are included, the number of un- committee on Transportation, Housing and marks.) employed/under-employed workers increases Urban Development, and Independent Agen- Mr. OBERSTAR. This bill provides to 22.3 million. cies, and our colleagues for working with me $64.1 billion for transportation and in- The construction sector has been particu- and other Members of the Committee on frastructure investments under the ju- larly hard-hit—it has the highest unemploy- Transportation and Infrastructure throughout risdiction of our committee. What is ment rate (18.2 percent) of any industrial sec- the development of this legislation. included in this bill from the jurisdic- tor. As of January 2009, there were 1,744,000 I strongly urge my colleagues to join me in tion of our committee will create and unemployed construction workers in the na- supporting the Conference Report on H.R. 1, sustain 1.8 million jobs, real jobs, con- tion. a true investment in America’s future. struction jobs, professional journey- This bill is urgently needed to put Americans Mr. DREIER. Madam Speaker, at men, career apprentice, brick layers, back to work. The infrastructure investments this time I am happy to yield 1 minute cement finishers, backhoe operators. funded by this bill will create good, family- to our hardworking new colleague from Real jobs in the U.S. economy for peo- wage jobs—jobs that cannot be outsourced to Tequesta, Florida (Mr. ROONEY). ple who will be paying taxes, not being another country, because the work must be Mr. ROONEY. Madam Speaker, I paid unemployment compensation for done here in the U.S. on our roads, bridges, can’t tell you how disappointed I am as not working. They will get a working transit and rail systems, airports, waterways, a new Member of this body as to the day’s wage, and they will pay taxes on wastewater treatment facilities, and Federal process that we are deliberating here it and their companies will pay taxes buildings. today having only received this bill on it. For more than a year now, I have worked to late last night and now we are voting We’ll generate $322 billion of total ensure that infrastructure investment plays a on it today. What happened to the open economic activity over the next 2 key role in our nation’s economic recovery. and transparent Congress that I prom- years. I thank Chairman OBEY for working so ised my constituents and that the And we are going to ensure that the closely with me in this effort. We consulted ex- President asked us to do when I was States, departments of transportation, tensively on the transportation and infrastruc- elected here not too long ago? The the municipal metropolitan planning ture provisions in the bill. Through his efforts Democrats say that there has been organizations, the individual city and and those of his staff, we were able to retain transparency, but we know that this is regional and metropolitan area plan- many of the good provisions in the House bill not true. ning organizations, and the transit or- that were not in the Senate bill, and to de- What about the backroom deals? ganizations, and the airport authori- velop good compromises where the bills dif- What about reaching across party ties do what they have told this com- fered. I particularly appreciate the hard work of lines? The minority has been left out of mittee they will do: deliver jobs, half Beverly Pheto, Staff Director, and Kate the discussion, and the people of my of that funding in the first 90 days. And Hallahan and David Napoliello of the Trans- district expect and deserve better. I we will hold hearings every 30 days portation Subcommittee. cannot vote for such a large bill that with reports, according to a schedule The legislation before us today does not in- levies our economic future on the we’ve laid out for the State agencies, clude everything I had proposed. While I backs of my children. on delivery of those jobs putting the would have preferred increased funding levels, Where is the help for more take- money under contract. and tighter use-it-or-lose-it deadlines, I do not home pay for Martin County? Thirteen The Portland Cement Association intend to let ‘‘perfect’’ become the enemy of dollars a week? Where is the fore- testified before our committee in Janu- ‘‘good’’. closure relief for St. Lucie County? It’s ary saying 45 companies had 130 mil- This is a ‘‘good’’ bill. It is desperately need- been cut in half. And what about jobs? lion metric tons of Portland cement ed by the American people, and it deserves I couldn’t find one specific job for St. produced and invested in the market- our support. Lucie County which unemployment place in 2007. Last year it was 95 mil- This bill provides $64.1 billion for Transpor- rates are now rivaling Detroit, Michi- lion metric tons. For this year they tation and Infrastructure Committee infrastruc- gan. project 9 million metric tons. They can ture investments. This funding will create or The majority says it’s their plan or ramp up to over 90 million metric tons sustain 1.8 million jobs and generate $322 bil- nothing, and we are the party of ‘‘no.’’ of cement produced for ready-mix con- lion of economic activity. It will get construc- But we had a plan. It was a good plan. crete to put people to work in the mar- tion workers off the bench and back on the And I sincerely hope in the future we ketplace. job. will be able to work together as the In the transit sector, over 5,500 op- To ensure that the purpose of this legisla- people expect us to do. tions are now on call for the producers tion is achieved, the Committee on Transpor- Mr. PERLMUTTER. Madam Speaker, who can go from their now 5,000 to over tation and Infrastructure will exercise vigorous at this time I would yield 4 minutes to 7,000 transit vehicles ramping up in 30 oversight over the economic recovery funds the gentleman from California, the days. I’ve been to one of the transit within its jurisdiction. Federal agencies and chairman of Education and Labor, Mr. producers in this country, they are grant recipients within our Committee’s juris- MILLER. ready to move. diction must understand that ‘‘business as (Mr. GEORGE MILLER of California And 82 percent of their purchases are usual’’ is not good enough anymore, and they asked and was given permission to re- U.S. suppliers, all final manufacturers will be held accountable to a high standard. vise and extend his remarks.) in the United States, and all steel. All We will insist that States, cities, and transit Mr. GEORGE MILLER of California. cement in our surface transportation agencies live up to their assurances that they Madam Speaker and Members of the

VerDate Nov 24 2008 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.023 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1531 House, we all know, and the people Today, when this country cries out to facing a serious recession. American know, that the American economy is in help this economy, to help America’s families are hurting. Many have lost a crisis. It’s not that this bill in and of families who are unemployed, who are their jobs. Many million more are wor- itself will fix the American economy, losing income, who are losing jobs, ried they will be next. House Repub- but this bill takes a major step to fill President Obama stepped forth with licans know that Congress must do in the huge gap, and that is the loss of the American Recovery Act. The Re- something. But it’s important that we spending at the local level among our publicans stepped forth with saying do the right thing. school districts, our water districts, ‘‘no.’’ That was reflected when Minor- As this debate begins today, we just our cities, our counties, and our ity Leader JOHN BOEHNER gave instruc- heard moments ago from a distin- States. Why is that happening? Be- tions to his colleagues to oppose the guished colleague and others that cause they’re hemorrhaging a huge bill. Even as President Obama was somehow Republicans are about saying loss. And over the next couple of years, traveling the Hill to meet with them ‘‘no.’’ Well, let me say with great re- over $2 trillion will be missing in eco- and discuss this bill with them, they spect to the gentleman, this is not nomic activity. This is a bill that’s de- decided in advance of that meeting about saying ‘‘no.’’ This is about say- signed to stimulate those local econo- they would say ‘‘no.’’ ing ‘‘yes’’ to solutions that will put mies. Minority Whip ERIC CANTOR of Vir- Americans back to work. In the education area, there’s $56 bil- ginia has said that ‘‘no’’ is going to be lion that’s available to local school dis- the Republican strategy on this eco- Republicans have brought forward tricts for the rehabilitation, the repair, nomic crises. ‘‘No’’ is going to be their such solutions built on the time hon- and the renovation of school buildings strategy, he said. ored experience of President John F. so that children will go to school in The Republican national spokesman Kennedy, of President Ronald Reagan, safe, well-lighted, modern facilities so of late, radio host Rush Limbaugh, and the experience of this Nation with that they will be green. They can put added that ‘‘no’’ is the strategy by as- the impending recession that followed in new heating, new air conditioning serting on the air that he wants Presi- September 11. We didn’t go on a spend- systems, $600 million for new tech- dent Obama to fail. Does he understand ing spree on Capitol Hill. We didn’t nologies so every school in this coun- if President Obama fails that the offer Americans a $13-a-person tax cut. try will be connected to the best tech- American families lose income, they John F. Kennedy, Ronald Reagan, and nology in the world. They will be able lose their jobs, and the crisis con- this Congress and this government to engage in curriculums that now are tinues? And here we see the repeating after September 11, under George W. impossible for them. They can have of ‘‘no.’’ Bush, cut taxes across the board for modern labs. That’s the promise of It was President Hoover in the midst working families, small businesses, and America in this. of the Depression with his policy that family farms; and the economy grew. And who will do those jobs? Local the Federal Government could do noth- But what has the majority brought contractors, heating contractors, elec- ing to help this Nation, and he was so to the floor today? The truth is this tricians, plumbing contractors, build- wrong. He asked Will Rogers to think stimulus bill will do nothing to stimu- ing contractors from our local commu- up a joke that would stop hoarding by late this economy in the long term. nities who will hire other people in our the American public. He asked Rudy The only thing the Democrats’ stim- local communities. That’s what will ulus bill will do is stimulate more gov- happen with this legislation. That’s the Vallee, Can you sing a song that would ernment and more debt. promise of this legislation. make people forget the Depression? I It will help school districts from will give you a medal. He asked Chris- The American people are asking, keeping to lay off teachers. In the mat- topher Morley, Perhaps what this what’s 13 bucks a week going to do to ter of a few weeks, California will start country needs is a poem. get this economy moving again for the issuing its advanced pink slips. Hun- The SPEAKER pro tempore. The average American? What’s $2 billion for dreds of thousands of teachers across time of the gentleman has expired. community organizing to organizations this nation will be in this same situa- Mr. PERLMUTTER. Madam Speaker, like ACORN going to do to get Ameri- tion. Now, school districts will know I yield the gentleman 30 seconds. cans from the unemployment line to that they’re going to get $13 billion in Mr. GEORGE MILLER of California. the factory line or millions to begin ra- title I in IDA money that will help This economic crisis will not be solved tioning health care or to purchase them reduce the number of people who by a song, a poem, or a good joke. It green golf carts going to do to put fam- will be unemployed if we do nothing. will be solved by this Congress going to ilies back to work in Indiana? work with this new President to meet If we do nothing, unemployment will As the gentleman said, I had a town continue, and we know that it will con- this crisis head on. It will be solved when we provide jobs in this country, hall meeting Monday, myself, in Indi- tinue for the next few months. But ana. A 13-year-old girl stood up, told we’re trying to mitigate against the in- when we free up the credit markets, when we force the banks to lend as me that her dad, raising her and her creased unemployment through school sister, alone as a single parent had lost construction, through highway con- they should be doing, and we provide this stimulus bill. half of his hours at work. He’d gone struction, making sure the students from 40 hours to 24 hours. And she can stay in college as their families are All Members of Congress should be very proud to vote ‘‘aye’’ on this legis- stood up bravely in front of 300 Hoo- under pressure because of the loss of siers, and she said, Anything in that jobs, the diminished work hours, the lation and yield to the cries and the needs of American families and work- bill, Congressman, that can help my loss of pay. We want to make sure that dad get back to full-time? And I looked they can stay there so we provide an ers. Mr. DREIER. Madam Speaker, we at little Hillary, congratulated her for additional increase in the Pell Grant. her courage, and I said, Hillary, be- This is very important to this Na- share the goal of getting our economy cause I can’t answer ‘‘yes’’ to your tion. It’s very important to our stu- back on track. One of the most compel- question that there is anything in this dents, and it’s very important that we ling stories came from a town hall bill that’s going to help get your dad have an opportunity to create in this meeting in the hometown of our great back to full time, I can’t vote ‘‘yes’’ on economic crisis a 21st century edu- friend, the distinguished chair of the cation plan. Republican Conference, the gentleman this bill. And the 300 Hoosiers in that You know, it’s just amazing. We al- from Columbus, Indiana (Mr. PENCE). I room exploded in agreeing applause. ways hear that history repeats, and yield him 3 minutes. The American people know what’s here we see it again. And if you go (Mr. PENCE asked and was given per- going on here. The American people back and you look at Arthur Schles- mission to revise and extend his re- know that this administration and this inger’s study of the failures of the Hoo- marks.) Congress are about to pass a bill that ver administration leading up to the Mr. PENCE. I thank the gentleman will not grow our economy. It will elected of 1932, this book, ‘‘Crisis of Old for yielding and for his kind remarks. merely grow our government. We can Order,’’ we see that today, history is The American people know and do better. We must do better. This Con- repeating itself. House Republicans know our Nation is gress owes the American people no less.

VerDate Nov 24 2008 23:50 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.024 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1532 CONGRESSIONAL RECORD — HOUSE February 13, 2009 b 1015 problem fast enough, and fails to make Through investing in our infrastruc- Mr. PERLMUTTER. Madam Speaker, enough good jobs. ture and investment in our children’s how much time does each side have re- In the long run, Madam Speaker, this education and preserving the ability of maining? bill will cost working families over $1 our States to provide essential serv- The SPEAKER pro tempore. The gen- trillion. After today, each American ices, this bill will create jobs for mil- tleman from Colorado (Mr. household will owe $100,000 to pay for lions of Americans, even as we better government debt. What’s even scarier, PERLMUTTER) has 73⁄4 minutes remain- prepare the next generation for the ing, and the gentleman from California in this conference report Democrats challenges they will face. took what little bit of tax relief was in Madam Speaker, I look forward to (Mr. DREIER) has 113⁄4 minutes remaining. there away from families and small working with my colleagues on both Mr. PERLMUTTER. I reserve my businesses so they could increase sides of the aisle to ensure that this time so we can kind of even up. spending on pet projects like $50 mil- historic effort will return our Nation Mr. DREIER. At this time, Madam lion to the National Endowment of the to economic prosperity and provide Speaker, I’d like to yield 2 minutes to Arts and $300 million for green golf hope to the millions who have suffered our very dynamic new member of the carts. as a result of the failed policies of the Rules Committee, the gentlewoman The Congressional Budget Office has past. from Grandfather Community, North estimated that less than half the Mr. DREIER. Madam Speaker, at money in the Democrat stimulus plan this time, I’m happy to yield 1 minute Carolina (Ms. FOXX). Ms. FOXX. I thank my colleague for will be spent in the next 2 years. to a former Rules Committee member, yielding me time, Madam Speaker. Madam Speaker, folks in South Caro- the gentleman from Marietta, Georgia I’m highly insulted by the comments lina and across this country are losing (Mr. GINGREY). of the Deputy Attorney General from their jobs today. American families are Mr. GINGREY of Georgia. Madam California that were shared with us a struggling to make ends meet and can- Speaker, I had some prepared remarks, few minutes ago. As a lifetime farmer not afford to wait 2 years to see a po- but I’m going to set those aside because I saw an article this morning in and a representative of many farmers, tential improvement in their economy. The real problem, Madam Speaker, is The Hill newspaper by Cheri Jacobus, this is another indication of the atmos- Democrats have lost their faith in the and I think it says it all and I want to phere of arrogance within the majority American people. They don’t see what I quote an excerpt. party. It’s an arrogance also expressed see. I look at the people back home in ‘‘Congress should throw this greasy here this morning that only the Presi- South Carolina, and I know that they pile of pork into the grinder. Instead, dent of this country can save us. Well, are the key to moving America forgive every American household a thank you very much, the American ward. The barbershop on the corner, $10,000 stimulus check to spend as we people have done very well by them- the hardware store down the street, please. With approximately 100 million selves over the last 200-plus years, and they’re the driving force of the econ- households nationwide, we hit that we haven’t needed any President to omy, not the bureaucrats in Wash- magic number of $1 trillion. This, along save us. ington. with a 2-year moratorium on capital The majority says saying ‘‘no’’ is And it’s because of my faith in the gains taxes, will get the economy off easy. Republicans aren’t saying ‘‘no’’ American people that I support the life support. to the needs of the American people. House Republican economy recovery ‘‘Instead of condoms, green golf We have a better alternative that’s not plan. This plan allows small businesses, carts, mouse habitats and government- being considered. For the majority, the heart and soul of our economy, to run health care, Americans would spending other people’s money is easy. take a tax deduction equal to 20 per- spend based on individual priorities, That’s what this bill does. It’s cent of their income, a deduction that thus spurring competition, resulting in generational abuse. will allow small businesses to hire new higher-quality goods and services. Last night, Mr. OBEY said that the employees, to grow. In South Carolina, Good banks succeed; bad banks fail. bill had been worked out with the this plan will create 34,000 jobs more Well-priced, quality automobiles hit White House. So I asked him to show than the Democrat plan and will cost the streets; lemons fade away. Cap- us the accountability the President’s half. italism lives to fight another day and been promising, show me how the It’s my sincere hope that the spend- the greatest country on Earth nar- spending leads to job creation section ing bill fails, and we in Congress can rowly survives its near-death experi- by section. He could not. I ask you, debate a bill that won’t put a crushing ence with socialism.’’ where’s the beef? burden on our children, won’t take 2 Mr. PERLMUTTER. At this time, Then he said, it’s irrelevant what we years to work, and will rely on our Madam Speaker, I’d like to yield 11⁄2 think about this bill. The first article small businesses. Vote ‘‘no’’ on this minutes to the gentlewoman from Cali- in the Constitution is about the Con- plan. fornia, Ms. BARBARA LEE. gress. It’s not irrelevant what we think Mr. PERLMUTTER. I’d like, Madam Ms. LEE of California. Madam about this bill. My constituents don’t Speaker, to yield 1 minute to my friend Speaker, let me thank the gentleman like this bill. I don’t like the bill. from New York, Mr. BISHOP. for yielding and applaud our Speaker I urge my colleagues to vote ‘‘no’’ on (Mr. BISHOP of New York asked and and President Obama and our leader- the rule, vote ‘‘no’’ on the bill and say was given permission to revise and ex- ship for a fair and balanced bill. to the majority, we’re not going to tend his remarks.) The disastrous economic policies of take your arrogance and we are not Mr. BISHOP of New York. Madam the previous administration, including going to take your stealing the money Speaker, let me start by taking this the irresponsible tax cuts for the from us, our children and our grand- opportunity to commend both the wealthy, the war in Iraq and a regu- children. House and Senate conferees on crafting lated financial services industry, have Mr. PERLMUTTER. I continue to re- this compromise legislation that will left our Nation in shambles. Many serve. create and preserve nearly 3.5 million more people, millions more, are living Mr. DREIER. Madam Speaker, I was jobs here in America and will set our in poverty, without health insurance, just congratulating Ms. FOXX on her Nation on a course toward economic and unemployment is through the roof. thoughtful statement. At this time, recovery. Recognizing this urgency, I estab- I’m happy to yield 2 minutes to our It is imperative that we plug the lished the Congressional Black Caucus good friend from Westminster, South holes in our job market that lost Economic Recovery Task Force, Carolina (Mr. BARRETT). 600,000 jobs last month alone, and these chaired by Congressman CLEAVER, to Mr. BARRETT of South Carolina. holes will not be plugged by a strategy help guide our response to the eco- Madam Speaker, I rise in opposition to of saying ‘‘no’’ nor will they be plugged nomic crisis. the rule to this conference report be- by a strategy of returning to the failed Historically, the role of the Congres- tween Democrats to H.R. 1. This back- policies of the past, which is all our sional Black Caucus has been to act as room-written Democrat spending bill friends on the other side of the aisle the conscience of the Congress and en- costs too much money, doesn’t fix the are offering. sure that no American is left behind.

VerDate Nov 24 2008 23:50 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.026 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1533 This is our moral responsibility. That those who have joined the leadership in holes in it all throughout. That’s why was our overriding goal with this bill, this heavy responsibility of govern- you’ve got 1,000 pages there because as we sought to create more jobs for ance. it’s big. Our economy is big. more people. I’m proud to be part of the governing You say you haven’t read it. I would This package will help working fami- party, if you will, the Democratic cau- say you have read it. You’ve come lies by expanding food stamps, unem- cus that has the responsibility of lead- down here and poked holes about it, ployment insurance, and health cov- ing this Nation, and we accept the bur- said this is what’s wrong with it and erage for the uninsured, and investing den and responsibility of making sure that’s what’s wrong with it. How do in education and job training, infra- that there is a credible answer to you know that if you haven’t read it? America’s problems. structure, foreclosure relief, and assist- b 1030 ance. Someone needs to talk to the unem- It’s not perfect. It should have been ployed construction worker or the The other point is this, Madam much, much bigger, but it’s a critical young woman laid off in the retail in- Speaker: last November the people of first step. It reflects our values as a dustry or retiree who wants to come the United States made a decision and Nation. back to work. This bill is a responsible that decision was to put Barack Obama Although the American dream has bill, $64 billion in transportation and as President, because they wanted a turned into a nightmare for many dur- infrastructure, 1.8 million jobs; the new direction. He has pleaded, he has ing this economic crisis, many people, construction worker back to work; $800 cajoled, he’s gone all across this coun- many people have been living this payment for a couple, $400 payment for try asking for help. I say, Madam nightmare for years. So we’ve got to a single person. It’s not $13 a week, as Speaker, let us give him the help, let continue to fight on their behalf, and they’d like to say. It’s a lump sum that us come together, and let us go ahead we will. people are desperately in need of. and pass this bill without delay. The I urge my colleagues to support this This is an important and responsible American people are counting on us. bill. act. We’re putting together in my of- The SPEAKER pro tempore. The Mr. DREIER. Madam Speaker, at fice task forces to ensure that Houston time of the gentleman from Georgia this time, I’m happy to yield 1 minute communities get this relief. It’s impor- has expired. to our good friend from Roswell, Geor- tant to vote for this bill. America Mr. DREIER. Will the gentleman gia (Mr. PRICE). needs this bill. It’s time to answer the yield? Mr. PRICE of Georgia. I appreciate call of America. I support the Rules I would yield my friend 30 seconds. my friend for yielding. Committee and economic recovery bill. Has his time expired, Madam Speaker? Madam Speaker, you really can’t be Mr. DREIER. Madam Speaker, at The SPEAKER pro tempore. The serious. You can’t be serious. This this time, I’m happy to yield 1 minute time of the gentleman has expired. would be humorous if it wasn’t so sad. to our friend from Mesa, Arizona (Mr. Mr. DREIER. Madam Speaker, I yield Got this at 11 o’clock last night, over FLAKE). myself 15 seconds to simply say to my 1,000 pages. What’s in it? Have you read Mr. FLAKE. I thank the gentleman friend, who unfortunately wouldn’t it? We found $30 million for mice. Got for yielding. yield, we do have a thousand pages A lot has been said about the process $30 million for mice. You can’t be seri- here. This was put online after mid- here, and it needs to be said. To receive ous. What a joke. $30 million for mice. night. We all voted in favor of 48 a bill that’s over 1,000 pages at 11 Does that create jobs? hours—you voted in favor of 48 hours— o’clock last night and expect to vote on Imagine what we could do with $30 to allow the American people and our it with any knowledge of really what’s million, Madam Speaker. Imagine what colleagues to see this. We all under- in it today is simply absurd. So the we could do with $1 trillion, Madam stand the urgency of this matter. Has process is wrong, but we need not lose Speaker, if we worked together for real my colleague read this? Many of us sight of the broader picture here. We solutions. have been trying to go through it since know enough about this legislation to We understand that people are hurt- after midnight in the Rules Com- know that it is bad legislation. First ing, but this majority is only inter- mittee. and foremost, the process is bad, but ested in paying off and buying political Mr. SCOTT of Georgia. I was up until it’s bad legislation. friends like $2 billion for ACORN and 3 o’clock this morning reading it. If Now, some will say, well, you’re just $300 million for golf carts for bureau- you had done this, Mr. DREIER, you not a Keynesian, you don’t believe in crats. What a joke. were here debating it last week—— Keynesian economics. Keynes would be But the American people aren’t The SPEAKER pro tempore. The gen- embarrassed by this legislation. If you laughing. This bill is selfish because it tleman will suspend. believe in Keynesian economics, then robs from future generations. It’s irre- Mr. DREIER. Two-and-a-half hours, certainly you would spend money in a sponsible because it won’t work. What and you went through a thousand way that stimulates the economy. I a joke. The American people aren’t pages. doubt that John Maynard Keynes laughing. The SPEAKER pro tempore. The gen- would believe that $50 million for the Mr. PERLMUTTER. Madam Speaker, tleman will suspend. National Endowment for the Arts I yield 1 minute to the gentlewoman Mr. DREIER. Madam Speaker, at would be stimulative. All that it stim- from Texas, Ms. SHEILA JACKSON-LEE, this time I am happy to yield—— and as she’s getting ready, I would say ulates is more spending later. And the problem here is we’re cre- The SPEAKER pro tempore. The gen- to my friend, Dr. PRICE from Georgia, ating hundreds of new Federal pro- tleman will suspend. there’s not anything in that bill about grams that will continue in perpetuity, The time of the gentleman has ex- mice, $30 million for mice. We talked that will become a drag on the econ- pired. about it yesterday. It’s not in there, omy, not bolster it. Mr. PERLMUTTER. I would like to and I challenge him. Vote against this legislation. inquire how much time remains, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. PERLMUTTER. I’d like to yield Madam Speaker. The SPEAKER pro tempore. The gen- 1 minute to my friend from Georgia The SPEAKER pro tempore. The gentleman will suspend. (Mr. SCOTT). tleman from Colorado has 3 minutes re- The Chair will ask Members to re- Mr. SCOTT of Georgia. Thank you maining. The gentleman from Cali- frain from interrupting another in de- very much. fornia has 41⁄2 minutes remaining. bate after that Member has expressed a Madam Speaker, this is no joke. To Mr. PERLMUTTER. I reserve the refusal to yield. my friends on the other side of this balance of my time. Ms. JACKSON-LEE of Texas. Let me aisle, this is a very serious matter. Mr. DREIER. Madam Speaker, at thank the distinguished gentleman We’ve lost 3,673,000 jobs in the last year this time I am happy to yield 1 minute from Colorado and the Rules Com- alone. Madam Speaker, that is 10,000 to a former Rules Committee member, mittee for the heavy lifting, along with jobs every day. one of our new appropriators, the gen- the Appropriations Committee and Fi- Now, what we have here is plain and tleman from Moore, Oklahoma (Mr. nancial Services Committee, and all of simple. Our economy has leaks and COLE).

VerDate Nov 24 2008 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.027 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1534 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Mr. COLE. I thank the gentleman for jobs, 600,000 jobs being lost in the last Mr. DREIER. Madam Speaker, I yielding. month, it breaks my heart for every began by reporting to the House of the Madam Speaker, I rise to oppose the job. We lost 1200 in east Texas yester- sad news that I received yesterday rule and the underlying legislation, day. Why? Because the hope and the when a man telephoned me to say that H.R. 1. This underlying bill is change that people voted for in the his young son’s best friend’s father had unfocused, it’s bloated, and it’s self-de- President has come to doom and just committed suicide because of the feating. It won’t stimulate our econ- gloom. They have held on to avoid let- economic difficulty their family was omy. It will certainly stimulate growth ting their workers go, but now for the facing. We all know how serious this in the size of government. last month they’ve heard the Demo- situation is. We have friends who have The bill fails in four basic areas: cratic proposals and what they see is lost homes, people who have lost jobs, First, its tax cuts are too small, too no hope. There’s no hope left in this and we all know that it is imperative temporary and simply don’t encourage bill. It’s not going to help the econ- that we take action and that we take people to purchase products or employ- omy, so they’re having to let their action now, and most important, ers to hire people. workers go. We say yes to the Amer- Madam Speaker, that we do the right Second, much of the spending in the ican people. We say no to the atmos- thing. bill is recurring and will add to the size phere of arrogance that says the Amer- Now I’m going to urge my colleagues of government and ultimately slow fu- ican people are not the solution. They to oppose the previous question on this ture growth. are the solution. Give them a tax holi- measure. Why? So that we can do what Third, our country is at war and yet every single Member of this institution nothing in this bill helps those pro- day. Let them keep their own money and spend it to get the economy going. on a unanimous recorded vote said tecting our freedom. And by ignoring they wanted to do on Tuesday, and, legitimate procurement issues, we fail That’s yes to America. That’s yes to that is, say that 48 hours should be pro- to take a measure that would actually the American solution. vided for Members to look at this bill. stimulate the economy. Mr. PERLMUTTER. Madam Speaker, Finally, Madam Speaker, this bill is I would like to yield 30 seconds to the The Rules Committee got this package sold as an infrastructure bill, yet only gentleman from Pennsylvania (Mr. very late last night, around midnight. 7 percent of the spending is actually on FATTAH). We were told at that time just before infrastructure. We can do better than Mr. FATTAH. This is going to be a midnight that it was online, available this. We can have a bipartisan, open clear point of demarcation. Eight years for the American people to see, and, process and pass legislation we can all of the Bush administration and we lost Madam Speaker, it was not. Three sec- be proud of. millions of jobs. Millions of Americans tions were missing. Not until well after Mr. PERLMUTTER. I would like to lost their homes, lost their invest- midnight was this made available. And yield 1 minute to my friend from Ohio ments. Our schools crumbled. And now so any Member who cast a vote in favor (Mr. BOCCIERI). as we launch into these 4 and 8 years, of allowing 48 hours for this measure to Mr. BOCCIERI. Madam Speaker, the we’re going to see schools rebuilt, mil- be considered should vote no on the United States of America is in a great lions put to work, we’re going to see previous question so that we will pro- recession and we will be judged as a the economy turn around, and it starts vide an amendment to allow for what United States Government by two today. everyone said they wanted to in fact measures—by action or inaction. Now in ’93 when we had the Clinton take place. And I tell my friends on the other economic plan, not one Republican This measure is, as has been reside of the aisle who are not going to voted for it in the House or Senate. But ported, a thousand pages, and no one vote for this measure today, you are we did get 27 million new jobs, we did knows what it’s going to do, including walking away from America and Amer- balance the budget, and pay down the our friend the chairman of the Appro- icans in her greatest time of need. I re- national debt. History has a way of re- priations Committee who in his testi- member as a C–130 pilot flying missions peating itself. mony last night before the Rules Com- in and out of Iraq how much money we Mr. DREIER. Madam Speaker, I mittee said he had no idea how many were spending over there to rebuild would like to yield at this point 30 sec- jobs would be created. He had no idea roads and bridges in Iraq and to make onds to our good friend from Texas, how many jobs would be created, but sure every man, woman and child in distinguished secretary of the Repub- we have to take action. And, Madam Iraq had universal health care cov- lican Conference, Mr. CARTER. Speaker, we can take action by putting erage. You didn’t bat an eye to vote for Mr. CARTER. I thank the gentleman. into place a growth-oriented tax pack- them. You didn’t bat an eye to bail out The President told us that this bill age which will in fact get our economy $700 billion for Wall Street. This is was not going to have any earmarks in back on track. about investing in America and Ameri- it and if it was, he was going to do I urge my colleagues to vote ‘‘no’’ on cans in their greatest time of need. We something about it and I’m proud of the previous question. have to be measured by what we’re him. Mr. PERLMUTTER. Madam Speaker, going to do. Are we going to be leaders I’m concerned about an earmark. An my friend from California’s story about or are we going to be blockers? Are we earmark is a Member-directed initia- the gentleman who committed suicide going to act or are we not? Are we tive. We have an earmark for a train underscores the urgency of this matter. going to vote for Iraqis or Americans? from Las Vegas to California. That This is not a time for delay. This is not ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE seems to be one of the earmarks we a time for inaction. It is a time for ac- The SPEAKER pro tempore. Mem- had. I’m not sure in this 25 feet high tion. The President has requested this bers seated in the Chamber will refrain bill we’ve got here that we’ve still got bill get passed to put America back to from shouting interjections out during the mouse, but we had a $30 million work. This bill will maintain or create debate, and Members should address earmark for a mouse in California. 3.6 million jobs. We’ve lost hundreds of their remarks to the Chair. I hope you’ll veto this bill. thousands of jobs over the course of the Mr. DREIER. Madam Speaker, at Mr. PERLMUTTER. Madam Speaker, last few months. We need to stop that this time I am happy to yield a minute how much time do we each have? downward spiral and this will do that. to my good friend from Tyler, Texas The SPEAKER pro tempore. The gen- It has five major components. First (Mr. GOHMERT). tleman from Colorado has 11⁄2 minutes there’s construction and reconstruc- Mr. GOHMERT. Madam Speaker, this remaining. The gentleman from Cali- tion of our infrastructure. Current rule is so cynical. The biggest spending fornia has 2 minutes remaining. jobs, long-term investment. A look to bill in the history of the world and the Mr. PERLMUTTER. Madam Speaker, the new energy future, new jobs in rule says we can’t even have the bill I would like to reserve the balance of science and technology, in health care read out loud here on the floor so the my time for closing. and in energy. It gives our States a American people really know what Mr. DREIER. Madam Speaker, I yield chance to stay on their feet by back- we’re doing to future generations. myself the balance of my time. filling some of their losses for teachers And to hear my colleagues across the The SPEAKER pro tempore. The gen- and firefighters and policemen and aisle, Madam Speaker, talk about the tleman is recognized for 2 minutes. maintenance workers. There is a tax

VerDate Nov 24 2008 23:50 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.031 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1535 cut for 95 percent of America in this ‘‘Amending Special Rules’’ states: ‘‘a refusal McMahon Price (NC) Snyder bill. Finally, there is a piece that helps to order the previous question on such a rule McNerney Rahall Speier Meek (FL) Rangel Spratt those folks who have been hurt by this [a special rule reported from the Committee on Rules] opens the resolution to amend- Meeks (NY) Reyes Stupak downturn with Medicaid and food Melancon Richardson Sutton ment and further debate.’’ (Chapter 21, sec- Michaud Rodriguez Tanner stamps and unemployment insurance. tion 21.2) Section 21.3 continues: Upon rejec- This bill is a fantastic step forward. Miller (NC) Ross Tauscher tion of the motion for the previous question Miller, George Rothman (NJ) Teague There will be a series of steps that have on a resolution reported from the Committee Mollohan Roybal-Allard Thompson (CA) to be taken and it will take time. But on Rules, control shifts to the Member lead- Moore (KS) Ruppersberger Thompson (MS) we have faith in the American people. ing the opposition to the previous question, Moore (WI) Rush Tierney We have faith in this country. We are who may offer a proper amendment or mo- Moran (VA) Ryan (OH) Titus tion and who controls the time for debate Murphy (CT) Salazar Tonko going to change the direction of this Murphy, Patrick Sa´ nchez, Linda Towns thereon.’’ Nation and put 3.5 million people back Murtha T. Tsongas to work. Clearly, the vote on the previous question Nadler (NY) Sanchez, Loretta Van Hollen I urge a ‘‘yes’’ vote on the previous on a rule does have substantive policy impli- Napolitano Sarbanes Vela´ zquez cations. It is one of the only available tools Neal (MA) Schakowsky Visclosky question. for those who oppose the Democratic major- Oberstar Schauer Walz The material previously referred to ity’s agenda and allows those with alter- Obey Schiff Wasserman by Mr. DREIER is as follows: native views the opportunity to offer an al- Olver Schrader Schultz Ortiz Schwartz Waters MENDMENT TO ES FFERED BY R A H. R . 168 O M . ternative plan. Pallone Scott (GA) Watson DREIER OF CALIFORNIA Mr. PERLMUTTER. I yield the back Pascrell Scott (VA) Watt Strike ‘‘upon adoption of this resolution’’ the balance of my time, and I move the Pastor (AZ) Serrano Waxman Payne Sestak Weiner and insert ‘‘not sooner than 10:45 p.m. on the previous question on the resolution. calendar day of February 14, 2009’’. Perlmutter Shea-Porter Welch The SPEAKER pro tempore. The Peters Sherman Wexler (The information contained herein was question is on ordering the previous Peterson Sires Wilson (OH) provided by Democratic Minority on mul- Pingree (ME) Skelton Woolsey question. Polis (CO) Slaughter Wu tiple occasions throughout the 109th Con- The question was taken; and the Pomeroy Smith (WA) Yarmuth gress.) Speaker pro tempore announced that THE VOTE ON THE PREVIOUS QUESTION: WHAT the ayes appeared to have it. NAYS—194 IT REALLY MEANS Mr. DREIER. Madam Speaker, on Aderholt Franks (AZ) Miller (MI) This vote, the vote on whether to order the that I demand the yeas and nays. Akin Frelinghuysen Miller, Gary previous question on a special rule, is not Alexander Gallegly Minnick merely a procedural vote. A vote against or- The yeas and nays were ordered. Altmire Garrett (NJ) Mitchell dering the previous question is a vote The SPEAKER pro tempore. Pursu- Austria Gerlach Moran (KS) against the Democratic majority agenda and ant to clause 9 of rule XX, the Chair Bachmann Gingrey (GA) Murphy, Tim Bachus Gohmert a vote to allow the opposition, at least for will reduce to 5 minutes the minimum Myrick Barrett (SC) Goodlatte Neugebauer the moment, to offer an alternative plan. It time for any electronic vote on the Bartlett Granger Nunes is a vote about what the House should be de- question of adoption. Barton (TX) Graves Nye bating. The vote was taken by electronic de- Biggert Griffith Olson Mr. Clarence Cannon’s Precedents of the Bilbray Guthrie Paul House of Representatives, (VI, 308–311) device, and there were—yeas 234, nays Bilirakis Hall (TX) Paulsen scribes the vote on the previous question on 194, not voting 4, as follows: Bishop (UT) Harper Pence Blackburn Hastings (WA) Perriello the rule as ‘‘a motion to direct or control the [Roll No. 66] Blunt Heller consideration of the subject before the House Petri YEAS—234 Boehner Hensarling Pitts being made by the Member in charge.’’ To Bonner Herger Abercrombie Davis (AL) Platts defeat the previous question is to give the Hodes Bono Mack Hill Ackerman Davis (CA) Poe (TX) Holden Boozman Hoekstra opposition a chance to decide the subject be- Adler (NJ) Davis (IL) Posey Holt Boustany Hunter fore the House. Cannon cites the Speaker’s Andrews Davis (TN) Price (GA) Honda Boyd Inglis ruling of January 13, 1920, to the effect that Arcuri DeFazio Putnam Hoyer Brady (TX) Issa Baca DeGette Radanovich ‘‘the refusal of the House to sustain the de- Inslee Bright Jenkins Baird Delahunt Rehberg mand for the previous question passes the Israel Broun (GA) Johnson (IL) Baldwin DeLauro Reichert control of the resolution to the opposition’’ Jackson (IL) Brown (SC) Johnson, Sam Barrow Dicks Roe (TN) in order to offer an amendment. On March Jackson-Lee Brown-Waite, Jones Bean Dingell Rogers (AL) (TX) Ginny Jordan (OH) 15, 1909, a member of the majority party of- Becerra Doggett Rogers (KY) Johnson (GA) Buchanan Kilroy fered a rule resolution. The House defeated Berkley Donnelly (IN) Rogers (MI) Johnson, E. B. Burgess King (IA) the previous question and a member of the Berman Doyle Rohrabacher Kagen Burton (IN) King (NY) Berry Driehaus Rooney opposition rose to a parliamentary inquiry, Kanjorski Buyer Kingston Bishop (GA) Edwards (MD) Ros-Lehtinen asking who was entitled to recognition. Kaptur Calvert Kirk Bishop (NY) Edwards (TX) Speaker Joseph G. Cannon (R–Illinois) said: Kennedy Camp Kline (MN) Roskam Blumenauer Ellison ‘‘The previous question having been refused, Kildee Cantor Kratovil Royce Boccieri Ellsworth Kilpatrick (MI) Cao Lamborn Ryan (WI) the gentleman from New York, Mr. Fitz- Boren Engel Kind Capito Lance Scalise gerald, who had asked the gentleman to Boswell Eshoo Kirkpatrick (AZ) Carney Latham Schmidt yield to him for an amendment, is entitled to Boucher Etheridge Kissell Carter LaTourette Schock Brady (PA) Farr the first recognition.’’ Klein (FL) Cassidy Latta Sensenbrenner Braley (IA) Fattah Because the vote today may look bad for Kosmas Castle Lewis (CA) Sessions Brown, Corrine Filner the Democratic majority they will say ‘‘the Kucinich Chaffetz Linder Shadegg Butterfield Foster vote on the previous question is simply a Langevin Childers LoBiondo Shimkus Capps Frank (MA) vote on whether to proceed to an immediate Larsen (WA) Coble Lucas Shuler Capuano Fudge Larson (CT) Coffman (CO) Luetkemeyer Shuster vote on adopting the resolution . . . [and] Cardoza Giffords Lee (CA) Cole Lummis Simpson has no substantive legislative or policy im- Carnahan Gonzalez Levin Conaway Lungren, Daniel Smith (NE) plications whatsoever.’’ But that is not what Carson (IN) Gordon (TN) Lewis (GA) Crenshaw E. Smith (NJ) Castor (FL) Grayson they have always said. Listen to the defini- Lipinski Culberson Mack Smith (TX) Chandler Green, Al tion of the previous question used in the Loebsack Davis (KY) Manzullo Souder Clarke Green, Gene Floor Procedures Manual published by the Lofgren, Zoe Deal (GA) Marchant Space Clay Grijalva Rules Committee in the 109th Congress, Lowey Dent Marshall Stearns Cleaver Gutierrez ´ Lujan Diaz-Balart, L. McCarthy (CA) Sullivan (page 56). Here’s how the Rules Committee Clyburn Hall (NY) Lynch Diaz-Balart, M. McCaul Taylor described the rule using information from Cohen Halvorson Maffei Dreier McClintock Terry Congressional Quarterly’s ‘‘American Con- Connolly (VA) Hare Maloney Duncan McCotter Thompson (PA) Conyers Harman gressional Dictionary’’: ‘‘If the previous Markey (CO) Ehlers McHenry Thornberry Cooper Hastings (FL) question is defeated, control of debate shifts Markey (MA) Emerson McHugh Tiahrt Costa Heinrich to the leading opposition member (usually Massa Fallin McIntyre Tiberi Costello Herseth Sandlin the minority Floor Manager) who then man- Matheson Flake McKeon Turner Courtney Higgins Matsui Fleming McMorris Upton ages an hour of debate and may offer a ger- Crowley Himes McCarthy (NY) Forbes Rodgers Walden mane amendment to the pending business.’’ Cuellar Hinchey McCollum Fortenberry Mica Wamp Deschler’s Procedure in the U.S. House of Cummings Hinojosa McDermott Foxx Miller (FL) Westmoreland Representatives, the subchapter titled Dahlkemper Hirono McGovern

VerDate Nov 24 2008 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.034 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1536 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Whitfield Wittman Young (AK) Sa´ nchez, Linda Smith (WA) Vela´ zquez b 1114 Wilson (SC) Wolf Young (FL) T. Snyder Visclosky Sanchez, Loretta Solis (CA) Walz So the resolution was agreed to. NOT VOTING—4 Sarbanes Space Wasserman The result of the vote was announced Campbell Solis (CA) Schakowsky Speier Schultz as above recorded. Lee (NY) Stark Schauer Spratt Waters A motion to reconsider was laid on Schiff Stupak Watson the table. Schrader Sutton Watt b 1107 Schwartz Tauscher Waxman Stated against: Messrs. SHADEGG, BLUNT, MAR- Scott (GA) Teague Weiner Mr. CAO. Madam Speaker, on rollcall No. Scott (VA) Thompson (CA) SHALL and MCINTYRE changed their Welch 67, I was unavoidably detained. Had I been Serrano Thompson (MS) Wexler present, I would have voted ‘‘nay.’’ vote from ‘‘yea’’ to ‘‘nay.’’ Sestak Tierney Wilson (OH) So the previous question was ordered. Shea-Porter Titus Woolsey f Sherman Tonko The result of the vote was announced Wu b 1115 as above recorded. Sires Towns Yarmuth Skelton Tsongas PARLIAMENTARY INQUIRY The SPEAKER pro tempore. The Slaughter Van Hollen question is on the resolution. Ms. FOXX. Madam Speaker, I have a The question was taken; and the NAYS—194 parliamentary inquiry. Speaker pro tempore announced that Aderholt Frelinghuysen Minnick The SPEAKER pro tempore. The gen- the ayes appeared to have it. Akin Gallegly Mitchell tlewoman from North Carolina will Alexander Garrett (NJ) Moran (KS) state her parliamentary inquiry. RECORDED VOTE Austria Gerlach Murphy, Tim Ms. FOXX. Madam Speaker, on Feb- Mr. DREIER. Madam Speaker, I de- Bachmann Giffords Myrick mand a recorded vote. Bachus Gingrey (GA) Neugebauer ruary 10, 2009, the House adopted a mo- Baird Gohmert A recorded vote was ordered. Nunes tion to instruct conferees on H.R. 1 by Barrett (SC) Goodlatte Nye a vote of 403 yeas and no nays. That The SPEAKER pro tempore. This Bartlett Granger Olson motion directed the managers on the will be a 5-minute vote. Barton (TX) Graves Paul The vote was taken by electronic de- Biggert Griffith Paulsen part of the House to withhold their sig- Bilbray Guthrie Pence natures on the final conference agree- vice, and there were—yeas 231, nays Bilirakis Hall (TX) Petri ment until that agreement had been 194, not voting 7, as follows: Bishop (UT) Harper Pitts Blackburn Hastings (WA) available electronically for at least 48 [Roll No. 67] Platts Blunt Heller Poe (TX) hours. YEAS—231 Boehner Hensarling Posey Madam Speaker, it is a matter of Bonner Herger Abercrombie Edwards (TX) Lofgren, Zoe Price (GA) Bono Mack Hill public record that the three majority Ackerman Ellison Lowey Putnam Boozman Hoekstra House conferees affixed their signa- Adler (NJ) Engel ´ Rehberg Lujan Boustany Hunter Altmire Eshoo Reichert tures to the conference agreement Lynch Boyd Inglis Andrews Etheridge Roe (TN) Maffei Brady (TX) Issa while the hard copy had been available Arcuri Farr Rogers (AL) Maloney Bright Jenkins for less than 1 hour and the electronic Baca Fattah Rogers (KY) Markey (CO) Broun (GA) Johnson (IL) Baldwin Filner Rogers (MI) copy was as yet unavailable. In fact, a Markey (MA) Brown (SC) Johnson, Sam Barrow Foster Rohrabacher correct electronic copy was not made Massa Brown-Waite, Jones Bean Frank (MA) Rooney Matheson Ginny Jordan (OH) available until after midnight last Becerra Fudge Ros-Lehtinen Matsui Buchanan King (IA) night. So it is uncontroverted that the Berkley Gonzalez Roskam McCarthy (NY) Burgess King (NY) Berman Gordon (TN) Royce majority House conferees acted in di- McCollum Burton (IN) Kingston Berry Grayson Ryan (WI) McDermott Buyer Kirk rect opposition to the unanimous in- Bishop (GA) Green, Al Scalise McGovern Calvert Kirkpatrick (AZ) structions of the House. Bishop (NY) Green, Gene Schmidt McIntyre Camp Kline (MN) Blumenauer Grijalva Schock Madam Speaker, my inquiry is this: McMahon Cantor Kratovil Boccieri Gutierrez Given that the majority managers on McNerney Capito Lance Sensenbrenner Boren Hall (NY) Meek (FL) Carney Latham Sessions the part of the House ignored the in- Boswell Halvorson Meeks (NY) Carter LaTourette Shadegg structions given them by 403 of their Boucher Hare Miller (NC) Cassidy Latta Shimkus Brady (PA) Harman colleagues, without a single dissenting Miller, George Castle Lewis (CA) Shuler Braley (IA) Hastings (FL) Mollohan Chaffetz Linder Shuster vote, what remedy do we have against Brown, Corrine Heinrich Moore (KS) Childers LoBiondo Simpson the managers who disregarded the in- Butterfield Herseth Sandlin Moore (WI) Coble Lucas Smith (NE) Capps Higgins struction to make the conference re- Moran (VA) Coffman (CO) Luetkemeyer Smith (NJ) Capuano Himes port available for 48 hours? Murphy (CT) Cole Lummis Smith (TX) Cardoza Hinchey Murphy, Patrick Conaway Lungren, Daniel Souder The SPEAKER pro tempore. Mem- Carnahan Hinojosa Murtha Crenshaw E. Stearns bers may illuminate such questions by Carson (IN) Hirono Culberson Mack Sullivan Castor (FL) Hodes Nadler (NY) their remarks in debate. Davis (KY) Manzullo Tanner Chandler Holden Napolitano Ms. FOXX. Madam Speaker, further Deal (GA) Marchant Taylor Clarke Holt Neal (MA) DeFazio Marshall Terry parliamentary inquiry. Clay Honda Oberstar Dent McCarthy (CA) Thompson (PA) The SPEAKER pro tempore. The gen- Cleaver Hoyer Obey Diaz-Balart, L. McCaul Thornberry Clyburn Inslee Olver tlewoman will state her inquiry. Diaz-Balart, M. McClintock Tiahrt Cohen Jackson (IL) Ortiz Ms. FOXX. Just to clarify then, there Dreier McCotter Tiberi Connolly (VA) Jackson-Lee Pallone Duncan McHenry Turner is no point of order or other remedy Conyers (TX) Pascrell Ehlers McHugh Upton available to address this flagrant viola- Cooper Johnson (GA) Pastor (AZ) Ellsworth McKeon Walden Costa Johnson, E. B. Payne tion of the instructions of the House? Emerson McMorris Wamp Costello Kagen Perlmutter The SPEAKER pro tempore. It is not Fallin Rodgers Westmoreland Courtney Kanjorski Perriello Flake Melancon Whitfield the province of the Chair to render ad- Crowley Kaptur Peters Fleming Mica Wilson (SC) visory opinions or rule on questions of Cuellar Kennedy Peterson Forbes Michaud Wittman Cummings Kildee Pingree (ME) order not actually presented. Fortenberry Miller (FL) Wolf Dahlkemper Kilpatrick (MI) Polis (CO) Foxx Miller (MI) Young (AK) f Davis (AL) Kilroy Pomeroy Franks (AZ) Miller, Gary Young (FL) Davis (CA) Kind Price (NC) CONFERENCE REPORT ON H.R. 1, Davis (IL) Kissell Rahall AMERICAN RECOVERY AND REIN- Rangel NOT VOTING—7 Davis (TN) Klein (FL) VESTMENT ACT OF 2009 DeGette Kosmas Reyes Campbell Lamborn Stark Delahunt Kucinich Richardson Cao Lee (NY) Mr. OBEY. Madam Speaker, pursuant DeLauro Langevin Rodriguez Israel Radanovich Dicks Larsen (WA) Ross to House Resolution 168, I call up the conference report on the bill (H.R. 1) Dingell Larson (CT) Rothman (NJ) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Doggett Lee (CA) Roybal-Allard making supplemental appropriations Donnelly (IN) Levin Ruppersberger The SPEAKER pro tempore (during for job preservation and creation, in- Doyle Lewis (GA) Rush Driehaus Lipinski Ryan (OH) the vote). There are 2 minutes remain- frastructure investment, energy effi- Edwards (MD) Loebsack Salazar ing on this vote. ciency and science, assistance to the

VerDate Nov 24 2008 00:49 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.004 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1537 unemployed, and State and local fiscal Sestak Tauscher Wasserman The SPEAKER pro tempore (Mr. Shea-Porter Teague Schultz stabilization, for fiscal year ending TIERNEY). The gentleman may state his Sherman Thompson (CA) Waters September 30, 2009, and for other pur- Sires Thompson (MS) Watson inquiry. poses, and ask for its immediate con- Skelton Tierney Watt Mr. LEWIS of California. Mr. Speak- sideration. Slaughter Titus Waxman er, it is my understanding that the rule Snyder The Clerk read the title of the bill. Tonko Weiner has allowed for 90 minutes of debate on Solis (CA) Towns Welch Space this $800 billion package; is that cor- The SPEAKER pro tempore. The con- Tsongas Wexler Speier ference report to accompany the bill Van Hollen Wilson (OH) rect? Spratt Vela´ zquez Woolsey The SPEAKER pro tempore. Ninety (H.R. 1) contains an emergency des- Stupak ignation for purposes of pay-as-you-go Sutton Visclosky Wu minutes is correct. principles. Accordingly, the Chair must Tanner Walz Yarmuth Does the gentleman have a parliamentary inquiry? put the question of consideration under NAYS—195 Mr. LEWIS of California. It is my un- clause 10(c)(3) of rule XXI. Aderholt Foxx Miller, Gary derstanding that many Members who The question is, Will the House now Akin Franks (AZ) Minnick wish to debate this matter, thereby, consider the conference report? Alexander Frelinghuysen Moran (KS) Austria Gallegly Murphy, Tim will not be allowed time because of the The question was taken; and the Bachmann Garrett (NJ) Myrick limited time. I further understand that Speaker pro tempore announced that Bachus Gerlach Neugebauer I am not allowed to ask for an exten- the ayes appeared to have it. Baird Giffords Nunes Barrett (SC) Gingrey (GA) Olson sion of time under the rule; is that cor- Mr. DREIER. Madam Speaker, on Bartlett Gohmert Paul rect? that I demand the yeas and nays. Barton (TX) Goodlatte Paulsen The SPEAKER pro tempore. The The yeas and nays were ordered. Bean Granger Pence Biggert Graves Perriello Chair cannot anticipate what request The vote was taken by electronic de- Bilbray Griffith Petri will be made. vice, and there were—yeas 232, nays Bilirakis Guthrie Pitts Mr. LEWIS of California. Then let me 195, not voting 5, as follows: Bishop (UT) Hall (TX) Platts further say it is my understanding that Blackburn Harper Poe (TX) [Roll No. 68] Blunt Hastings (WA) Posey an extension of time, which would be YEAS—232 Boehner Heller Price (GA) the request, can only be made by the Bonner Hensarling Putnam gentleman from Wisconsin; is that cor- Abercrombie Fattah Matheson Bono Mack Herger Radanovich Ackerman Filner Matsui Boozman Hoekstra Rehberg rect? Adler (NJ) Foster McCarthy (NY) Boustany Hunter Reichert The SPEAKER pro tempore. The Altmire Frank (MA) McCollum Brady (TX) Inglis Roe (TN) Chair will deal with the unanimous Andrews Fudge McDermott Bright Issa Rogers (AL) consent requests as they may occur. Arcuri Gonzalez McGovern Broun (GA) Jenkins Rogers (KY) Baca Grayson McIntyre Brown (SC) Johnson (IL) Rogers (MI) Mr. LEWIS of California. You are Baldwin Green, Al McMahon Brown-Waite, Johnson, Sam Rohrabacher forcing me to do that which we really Barrow Green, Gene McNerney Ginny Jones Rooney should not have to do. Becerra Grijalva Meek (FL) Buchanan Jordan (OH) Ros-Lehtinen The SPEAKER pro tempore. Well, Berkley Gutierrez Meeks (NY) Burgess King (IA) Roskam Berman Hall (NY) Melancon Burton (IN) King (NY) Royce the Chair thinks the gentleman can Berry Halvorson Miller (NC) Buyer Kingston Ryan (WI) read the rule and can understand it, Bishop (GA) Hare Miller, George Calvert Kirk Scalise but if he wishes to proceed, he may go Bishop (NY) Harman Mitchell Camp Kirkpatrick (AZ) Schmidt ahead. Blumenauer Hastings (FL) Mollohan Cantor Kline (MN) Schock Boccieri Heinrich Moore (KS) Cao Kratovil Sensenbrenner Mr. LEWIS of California. I hope the Boren Herseth Sandlin Moore (WI) Capito Lamborn Sessions gentleman from Wisconsin will re- Boswell Higgins Moran (VA) Carney Lance Shadegg spond, but I would ask unanimous con- Boucher Hill Murphy (CT) Carter Latham Shimkus sent that we extend debate time by 1 Boyd Himes Murphy, Patrick Cassidy LaTourette Shuler Brady (PA) Hinchey Murtha Castle Latta Shuster hour. Braley (IA) Hinojosa Nadler (NY) Chaffetz Lewis (CA) Simpson The SPEAKER pro tempore. The Brown, Corrine Hirono Napolitano Coble Linder Smith (NE) Butterfield Hodes Neal (MA) Chair would look to the gentleman Coffman (CO) LoBiondo Smith (NJ) from Wisconsin to propound such a re- Capps Holden Nye Cohen Lucas Smith (TX) Capuano Holt Oberstar Cole Luetkemeyer Smith (WA) quest. Cardoza Honda Obey Conaway Lummis Souder Mr. LEWIS of California. Then let me Carnahan Hoyer Olver Cooper Lungren, Daniel Stearns ask the gentleman from Wisconsin: Carson (IN) Inslee Ortiz Crenshaw E. Sullivan Castor (FL) Israel Pallone Culberson Mack Taylor Would you consider such a request? Chandler Jackson (IL) Pascrell Davis (KY) Manzullo Terry Mr. OBEY. If the gentleman would Childers Jackson-Lee Pastor (AZ) Deal (GA) Marchant Thompson (PA) yield, I would simply note the House Clarke (TX) Payne DeFazio Marshall Thornberry has already voted on how it intends to Clay Johnson (GA) Perlmutter Dent McCarthy (CA) Tiahrt Cleaver Johnson, E. B. Peters Diaz-Balart, L. McCaul Tiberi proceed, and I see no reason to depart Clyburn Kagen Peterson Diaz-Balart, M. McClintock Turner from that. Connolly (VA) Kanjorski Pingree (ME) Doggett McCotter Upton Mr. LEWIS of California. I believe Conyers Kaptur Polis (CO) Dreier McHenry Walden the gentleman could initiate it by Costa Kennedy Pomeroy Duncan McHugh Wamp Costello Kildee Price (NC) Ehlers McKeon Westmoreland unanimous consent, and he has the au- Courtney Kilpatrick (MI) Rahall Emerson McMorris Whitfield thority for that. I urge the gentleman Crowley Kilroy Rangel Fallin Rodgers Wilson (SC) Cuellar Kind Reyes to do so. All of our people want more Flake Mica Wittman time. Cummings Kissell Richardson Fleming Michaud Wolf Dahlkemper Klein (FL) Rodriguez Forbes Miller (FL) Young (AK) The SPEAKER pro tempore. Is the Davis (AL) Kosmas Ross Fortenberry Miller (MI) Young (FL) gentleman stating a parliamentary in- Davis (CA) Kucinich Rothman (NJ) Davis (IL) Langevin Roybal-Allard NOT VOTING—5 quiry? Mr. LEWIS of California. I very much DeGette Larsen (WA) Ruppersberger Campbell Gordon (TN) Stark Delahunt Larson (CT) Rush Davis (TN) Lee (NY) appreciate the Speaker for his time. DeLauro Lee (CA) Ryan (OH) Mr. OBEY. If the gentleman is ask- Dicks Levin Salazar b 1137 Dingell Lewis (GA) Sa´ nchez, Linda ing, would the gentleman yield for a re- Donnelly (IN) Lipinski T. So the question of consideration was sponse? Doyle Loebsack Sanchez, Loretta decided in the affirmative. The SPEAKER pro tempore. The gen- Driehaus Lofgren, Zoe Sarbanes The result of the vote was announced tleman from California no longer seeks Edwards (MD) Lowey Schakowsky Edwards (TX) Luja´ n Schauer as above recorded. recognition. Ellison Lynch Schiff A motion to reconsider was laid on PARLIAMENTARY INQUIRY Ellsworth Maffei Schrader the table. Mr. PRICE of Georgia. I have a par- Engel Maloney Schwartz PARLIAMENTARY INQUIRY liamentary inquiry, Mr. Speaker. Eshoo Markey (CO) Scott (GA) Etheridge Markey (MA) Scott (VA) Mr. LEWIS of California. Mr. Speak- The SPEAKER pro tempore. Please Farr Massa Serrano er, I have a parliamentary inquiry. state the inquiry.

VerDate Nov 24 2008 00:49 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.040 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1538 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Mr. PRICE of Georgia. Mr. Speaker, (For conference report and state- consumption, as people wait to buy at lower earlier this week, the House passed a ment, see proceedings of the House of prices, and investment, as sales become more unanimous motion to instruct which February 12, 2009, at page H1307.) problematic and effective borrowing costs The SPEAKER pro tempore. The gen- rise. Deflation also undermines monetary directed the conferees to make the text policy because interest rates cannot go nega- of this report available for 48 hours be- tleman from Wisconsin (Mr. OBEY) and tive. fore being considered. the gentleman from California (Mr. Opponents of the American Recovery and Under House rules, what is the effect LEWIS) each will control 45 minutes. Reinvestment Act often argue that ‘‘spend- of a motion to instruct? The Chair recognizes the gentleman ing is not stimulus’’ because spending by The SPEAKER pro tempore. Instruc- from Wisconsin. government just reduces spending by others. That argument effectively assumes that tions by the House to its conferees are GENERAL LEAVE advisory in nature and are not binding total spending in the economy cannot be Mr. OBEY. Mr. Speaker, I ask unani- raised. That would make sense if either (1) as a limitation on their authority. mous consent that all Members may we were at full employment or (2) increased Mr. PRICE of Georgia. A further in- have 5 legislative days in which to re- government borrowing came from lenders quiry, Mr. Speaker. vise and extend their remarks and in- who would otherwise spend the money on The SPEAKER pro tempore. The gen- clude extraneous material on the con- U.S. goods and services. Neither condition tleman may proceed. ference report accompanying H.R. 1, applies today. We have high rates of unem- Mr. PRICE of Georgia. Then a unani- and that I may include tabular mate- ployed labor and capital equipment. We also find lenders eager to fund federal borrowing mous motion to instruct adopted by rial on the same. this House is not binding at all and, rather than to spend, as evidenced by excep- The SPEAKER pro tempore. Is there tionally low interest rates on U.S. Treasury therefore, is of no consequence; is that objection to the request of the gen- correct? Bills. These are textbook conditions justi- tleman from Wisconsin? fying federal government borrowing to boost The SPEAKER pro tempore. The There was no objection. the economy. Chair will repeat: Instructions by the Mr. OBEY. Mr. Speaker, I yield my- Some critics of this legislation have mis- House to its conferees are advisory in self 10 seconds. interpreted Congressional Budget Office nature and are not binding as a limita- As Senator COCHRAN said, the time (CBO) analysis of the effects of this legislation on their authority. for talk is over. It is time to vote. The tion on jobs and Gross Domestic Product (GDP) over the next ten years. CBO found Mr. PRICE of Georgia. A further in- country needs this package. I urge sup- quiry, Mr. Speaker. that bills like those passed in the House and port. I think we ought to get on with Senate would increase job-years by 3.1 mil- The SPEAKER pro tempore. The gen- it. tleman may proceed. lion to 9.0 million over the next six years and CONOMIC NALYSIS OF THE ONFERENCE E would not lower jobs thereafter. CBO also Mr. PRICE of Georgia. Under House E A C R - PORT ON H.R. 1, THE AMERICAN RECOVERY found that GDP would be raised over the rules, isn’t it true that a conference re- AND REINVESTMENT ACT next ten years. GDP would be boosted 3 to 10 port cannot be made in order and con- Economists generally agree that the Na- percent over the next several years. If only sidered on the floor unless it has been tion is facing one of the most dire economic this bill is enacted and nothing is done to available for 3 calendar days? crises in our history. Over the past three raise saving, the bill would have a zero to 0.2 The SPEAKER pro tempore. This months 1.8 million jobs have been lost after percent annual reduction of GDP in the long question is hypothetical as any such falling the same amount in the prior ten run. point of order has been waived. months. Other economic data also point to Other opponents of this legislation have Mr. PRICE of Georgia. Mr. Speaker, I an ever-faster sinking U.S. economy: proposed as an alternative measures in- Unemployment has soared by 4.1 million, tended to boost housing production or prices. reserve a point of order under rule With 2.9 percent of homes still vacant, half XXII, clause 8 whereby the conference an increase of more than 50 percent from 7.5 million to 11.6 million since December 2007 again as much as at any time prior to 2005, report shall not be in order and will be when the recession began. we could fritter away hundreds of billions of considered as read unless it has been Full time employment dropped 3.5 million dollars of additional deficit with a negligible available for 3 calendar days. over the last three months, much faster than boost to the economy or jobs. The SPEAKER pro tempore. The at any time since the data began in 1967. The Congressional Budget Office and pri- point of order has been waived. Consumer demand for goods fell at an 11 vate economic forecasters have evaluated Mr. PRICE of Georgia. Mr. Speaker, a percent rate in the second half of 2008, faster various options for boosting national spending from an additional dollar of federal def- further inquiry then. than at any time in the 62 years of data. Only five months in six decades of data saw icit. They have consistently found that the The SPEAKER pro tempore. The gen- highest ‘‘bang for the buck’’ occurs with ei- tleman may proceed. lower use of our manufacturing capacity than the 70.2 percent recorded in December. ther direct federal spending or transferring Mr. PRICE of Georgia. Is there an op- Exports fell at a 19.7 percent annual rate in funds to those with tight budget constraints portunity under the rules to allow for a the most recent quarter. such as cash-strapped households and state reading of the over 1,000-page bill that Nothing indicates that these trends will and local governments with falling revenues is being considered currently? not continue unless the federal government and balanced budget requirements. In con- The SPEAKER pro tempore. The acts. While forecasters differ on specifics, trast, they find that much less additional order of the House provides that the many believe that without quick and deci- spending would result from making more conference report is considered as read. sive action the Nation could suffer another 5 money available to those with high incomes Mr. PRICE of Georgia. A further par- million job losses over the coming year. or to companies with excess capacity. In re- The U.S. economy is caught in a vicious cent testimony, CBO Director Elmendorf liamentary inquiry, Mr. Speaker. downward spiral with self-reinforcing de- stated, ‘‘In CBO’s judgment, H.R. 1 would The SPEAKER pro tempore. The gen- clines in spending, sales, jobs, income, prof- provide a substantial boost to economic ac- tleman may proceed. its, government revenues, state and local tivity over the next several years relative to Mr. PRICE of Georgia. As the ruling services, investment, and global trade. The what would occur without any legislation.’’ of the Chair, as the ruling of the federal government is the only major actor The bill’s $789 billion price tag sounds Speaker, it is my understanding then, in the U.S. economy with the capacity to large, but it is more likely to be too little in having this bill of over 1,000 pages stop the downward spiral. than too much. The CBO director has testi- made available to the Members of the The current downturn looks a lot more fied that, if nothing is done, our economic output will fall below its potential by close House after 11 or 12 o’clock last night, like the early stages of the Great Depression than any episode since the 1930s: to a trillion dollars this year and next and that this is to have been considered Rapid shrinkage in private credit, with cri- by another $600 billion in 2011. He noted that read even though it is physically im- sis in every major financial sector; this would be the largest gap relative to the possible for any Member to have read The favorite tool of the Federal Reserve size of potential output since the Great De- this bill; is that correct? (the short term rate to banks) already low- pression. It would represent a loss in Ameri- The SPEAKER pro tempore. House ered to virtually zero; cans’ income and output of $2.5 trillion, or Resolution 168 provides that the con- Evaporating household wealth with plung- about $8,000 per person, that will be lost for- ference report is considered as read. ing values of homes and financial assets; ever. The forecasters at the Congressional Budg- Mr. PRICE of Georgia. I thank the Record high supplies of vacant homes and declines in home values with no end in sight; et Office, Moody’s Economy.com, Macro- Speaker. The fewest cars sold relative to the popu- economic Advisors, and the Obama Adminis- The SPEAKER pro tempore. Pursu- lation since the 1940s; and tration have all estimated that enactment of ant to House Resolution 168, the con- Inflation is verging on negative territory this legislation could create or save 3 to 4 ference report is considered read. or deflation, a condition that discourages million jobs. If we can gainfully employ

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VerDate Nov 24 2008 00:49 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.011 H13FEPT1 smartinez on PROD1PC64 with HOUSE Insert offset folio 574 here EH13FE09.014 H1554 CONGRESSIONAL RECORD — HOUSE February 13, 2009 I reserve the balance of my time. and Senate bills. Amendments are usu- to the working people in this country, Mr. LEWIS of California. Mr. Speak- ally offered, debated, and considered. where 95 percent of them will be receiv- er, in just a short while, the House will But there were no negotiations being a tax cut so that they will be able be voting on the President’s $790 billion tween Republicans and Democrats at to assist them in keeping their kids in economic stimulus package. It is by far Wednesday’s conference. The negotia- school, paying their rents, their mort- the most expensive piece of legislation tions had taken place the night before. gages, keeping up their health insur- ever considered by this legislative body Outside of the Speaker and Senate ance? in its more than 200 years. I will be Majority Leader REID, no one in the How were you recorded when we said voting ‘‘no’’ on this legislation. Over Congress has any idea what is really in that this Nation should take care of the next few minutes, I would like to this legislation. It was filed in the those people who unfortunately lost share my concerns about this bill as it House as it was negotiated—in the their job, lost their dignity, lost their is currently written. darkness of night. And it became avail- health insurance? The President, whom I respect a able to Members and the public on a Are we going to explain that we great deal, is a fine salesman. But as I Web site at 12:30 a.m. this morning, thought there was a better idea? have said on more than one occasion, less than 12 hours ago. How were we recorded when there facts are stubborn things. The fact is This is precisely why every single comes a time that we’re saying that we that this stimulus package does more Member present on Tuesday, more than have to find alternative ways in order to promote the growth of the Federal 400 Members of the House, voted to to fuel the country’s energy needs? Government than it does to create jobs have the conference report available 48 How were we recorded when the or to stimulate our economy. The fact hours before House consideration. But bridges and the tunnels and the hos- is there are 104 government programs the Speaker and the Senate Majority pitals and the schools are in trouble, in this legislation that are being per- Leader are clearly afraid that the more when the mayors and the governors are manently expanded. Members and taxpayers learn about asking and screaming for help? this bill, the more Members will walk How is history going to record what b 1145 away from it. you have done at a time when everyone This includes 31 new government pro- The House should not vote on the is screaming out, every economist is grams and permanent expansions to 73 largest spending bill in the history of asking us to come to our Nation’s eco- existing programs. Taxpayers will pay the United States when no one on ei- nomic savior? for these programs well into the future. ther side of the aisle has any real idea And how are we recorded when it Of the total funding in this package, of what’s in it. There is no doubt that comes time to make certain that there $190 billion—or 61 percent—is devoted urgent action is needed to stimulate is hope for those people who are not to increasing the size of government. the economy and create jobs. Had the only jobless but hopeless? Only $122 billion—or 39 percent—is for President and congressional leaders fo- I do hope that people recognize that a temporary one-time infusion of cused and put their attention on the we’re not talking about a Presidential money into 98 Federal programs to real need for job creation, with an em- plan, a Republican plan, or a Demo- stimulate the economy. phasis on infrastructure jobs, this cratic plan. We’re talking about the Again, these are the facts. package would be sailing through the heart of America, just as patriotic as The interest on this new spending House and Senate with broad bipar- the flag is, is the energy of people who alone will cost no less than $350 billion. tisan support. There are Members on want to be middle class. Are we going And, if all of the new spending in this both sides of the aisle who would sup- to give them an opportunity or are we bill is carried forward in the future port reasonable transportation and in- going to ask the question how were we years, Federal nondefense budgets will frastructure projects as well as reason- recorded because we didn’t know what have to increase by at least 42 percent able tax reform, but that is not what is the right thing to do was. each year. One more time, these are before us today. Well, I suggest to you, just as people the facts. In the end, funding for roads, high- talk about how they voted in support My colleagues, is there anyone in ways, flood control measures, and of Roosevelt, how they went and tried Congress who really believes that this other job creating infrastructure to give assistance not just to the big- spending can be sustained? projects were downsized in order to in- time CEOs who were hardly embar- Let’s not kid ourselves. When it crease the size and scope of govern- rassed and never even inconvenienced— comes to Washington spending tax- ment programs. these are people that are our constitu- payers’ money, a trillion has become Mr. Speaker, that’s not stimulus. ents. To put them back to work means the new million. That’s not job creation, and it cer- that we’re helping small businesses So how did we get to this point tainly isn’t what the country needs or out. To put them back to work means today? deserves. that we’re talking about their dreams Two nights ago, the President’s chief I reserve the balance of my time. and the aspirations that we have. To of staff came to Capitol Hill under the Mr. OBEY. Mr. Speaker, I yield 4 restore our schools mean that we’re cover of darkness and presented the minutes to the distinguished chairman going to, once again, become imagina- framework of a final deal to Senator of the Ways and Means Committee, Mr. tive, be able to go to the international REID and Speaker PELOSI. The only ne- RANGEL. market with the genius that this great gotiation that took place occurred in (Mr. RANGEL asked and was given Nation always had. the middle of the night in several back permission to revise and extend his re- These are hard times, and we have an rooms of the U.S. Capitol between the marks.) opportunity to say how were we re- White House and these two leaders. Mr. RANGEL. Let me thank you for corded and to be proud of our vote, or There are hundreds of billions of dol- the tremendous job that you and the to try to do the worst thing that any lars of spending in this legislation, and leadership have done during this his- legislator can do, whether it’s local, yet not one member of the House Ap- toric period in our Nation’s history. whether it’s State, or whether it is a propriations Committee—not even There is a common expression that Member of this august body, and that Chairman OBEY—was in sight when the we have in our committees, and that is, is trying to explain your vote if you final deal was cut. ‘‘How is the gentlelady and gentleman don’t support this effort. There are hundreds of billions of dol- recorded?’’ You don’t have an oppor- I think that it’s a rough time for the lars of tax provisions in this legisla- tunity to say you were confused, you Nation, but we’ve always responded tion, and yet not one member of the didn’t know what you were doing, or with ways that we can show that we House Ways and Means committee— you wish there was another way. will persevere and come out of this not even Chairman RANGEL—was in And I gather when you get back stronger than ever. And your kids and sight when the final deal was cut. home, people will be asking, ‘‘And how your grandkids who know that you’ve The purpose of a conference com- were you recorded?’’ been privileged to serve here, histo- mittee is to negotiate differences be- How were you recorded when you had rians are going to look to see one thing tween competing versions of the House an opportunity to give some assistance that’s going to be so important to all

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The some conservative think tank. That are unemployed. This package has $1 time of the gentleman has expired. fact is based on the data and method- billion for Michigan transportation and Mr. OBEY. I yield the gentleman 1 ology of Dr. Christina Romer, the water infrastructure. This is just one minute. Chair of the President’s Council on example of the recovery package put- Mr. RANGEL. At this time at the re- Economic Advisers. ting people to work. quest of the chair, I’d like to yield to Now, I’d be remiss if I didn’t point For the unemployed, an extension of the chairlady of the Small Business out to my Republican and Democrat unemployment benefits to an addi- Committee and thank her for the great colleagues exactly how they were tional 161,000 unemployed workers and work that she has been doing. treated in this process. As one of five the historic expansion of TAA. Ms. VELA´ ZQUEZ. I thank the gen- Members of this House who was ap- For individuals in Michigan losing tleman for yielding. pointed to the conference committee, I health care for the first time, some Mr. Speaker, today, small businesses think it’s my obligation to tell you help to purchase health insurance. are finally getting their stimulus. It is this story. For Michigan schools, $2 billion to about time. This act marks the first As I walked from the House to the help make up for reduced State assist- step towards economic recovery for our Senate for our first meeting of the con- ance. country’s entrepreneurs. In fact, this ferees, I passed a press conference And for the State of Michigan, under bill will result in nearly $21 billion in being held by the Senate majority lead- immense budget strain, over $2 billion er announcing a final deal that had new investments and lending for small to shore up our Medicaid program. been struck by Senators and only by firms and the creation of more than For the restructuring auto industry, Senators. This is the first conference 630,000 new jobs. $2 billion in grants to help develop and I’ve ever been on where the press con- In terms of accessing loans from the manufacture advanced batteries here ference announcing the results hap- Small Business Administration, the in the U.S., incentives to buy new cars pened before the actual meeting. So I legislation clearly puts borrower first. and a tax credit for the purchase of can understand why Speaker PELOSI It does this by mandating that no funds plug-in hybrid electric vehicles. was reportedly incensed. Families in Michigan and everywhere provided for fee relief can go to lenders The people’s House should not be unless the SBA has reduced fees are fearful for their jobs, for their trampled on. We were frozen out. And health care, education, and the sta- charged to borrowers to the maximum as Chairman RANGEL noted, many extent possible. bility of their local communities. Democrats were frozen out. But most For the minority, they say they ac- Mr. LEWIS of California. Mr. Speak- importantly, the American people were knowledge the pain but they have no er, I yield 4 minutes to the gentleman frozen out. prescription, only wornout ideology. from Michigan (Mr. CAMP), the ranking This is what happens when a few se- I will head home and look families member of the Ways and Means Com- lect people negotiate behind closed straight in the eye and say the Federal mittee. doors. You end up with flawed legisla- Government is on your side, providing (Mr. CAMP asked and was given per- tion that better reflects the priorities support during this downturn and mak- mission to revise and extend his re- of a few, rather than those of the entire ing key investments for the future. marks.) country. Mr. LEWIS of California. Mr. Speak- Mr. CAMP. Mr. Speaker, every Mem- And under this deal we’re bring pre- er, I yield 3 minutes to HAL ROGERS, ber of this House believes we should sented with this morning, the so-called the gentleman from Kentucky, and the middle class tax cut, the signature tax and must act to get this economy mov- ranking member of the Homeland Se- cut has been reduced to 20 cents an ing again to help struggling families curity Subcommittee. and employers through this global eco- hour for a full-time worker. One of the (Mr. ROGERS of Kentucky asked and nomic crisis. But action for the sake of few provisions to help struggling busi- was given permission to revise and ex- nesses was more than cut in half by acting will mean little to families if it tend his remarks.) is not accompanied with positive re- shortening the length of the relief and Mr. ROGERS of Kentucky. I want to sults. making thousands of employers ineli- thank the ranking member for this This morning we awake to a spate of gible for help. time. headlines that the deal made behind The work requirements within the Mr. Speaker, throughout our coun- closed doors, and what we’ve still not historic 1996 Welfare Reform Law—the try’s storied history, we’ve witnessed been able to fully review, given its $1.1 hallmark legislation of President Clin- some truly extraordinary efforts from ton and the Republican Congress—has million price tag will do more harm the floor of this hallowed Chamber to been eroded. And the stealth health than good. address our country’s most dire needs. provisions will drive up costs and have From the McClatchy News Service: We’ve stood united, setting geographic the government making more health ‘‘Will the stimulus actually stimulate? and party labels aside, to pass legisla- care decisions instead of doctors and Economists say no.’’ tion that pushed our country forward. From the Associated Press: ‘‘Anal- patients. In the aftermath of Pearl Harbor, in ysis: Stimulus won’t jump-start the b 1200 the shadow of 9/11, in the wake of nu- economy.’’ Given the severity of the crisis Amer- merous natural disasters, this body has From the Congressional Budget Of- ican families are facing, to conduct the traditionally responded by pulling to- fice—and there’s a chart behind me people’s business in this fashion may gether to produce results for the Amer- that shows it—‘‘This partisan stimulus be the grossest violation of our con- ican people. package ends up harming our econ- stitutional duties and the oath of office But today, Mr. Speaker, sadly, is not omy.’’ we swore to uphold that I have seen in one of those extraordinary moments. And, again, while it’s clear we must my 18 years in the House. Thousands of pages of text, given to act, we must ensure the action we take Record me as a ‘‘no’’ on this legisla- us at midnight last night, the Speaker actually stimulates the economy and tion. even preventing it from being read to lays the foundation for real sustained Mr. OBEY. I yield 2 minutes to the us by the House Clerk, 90 minutes of job creation in the private sector. distinguished gentleman from Michi- debate only—some Members will not There’s a smarter, simpler way to gan (Mr. LEVIN). even be allowed to speak a word for or stimulate the economy. It’s not by run- (Mr. LEVIN asked and was given per- against this monstrosity—and $790 bil- ning up the deficit by funding pet mission to revise and extend his re- lion of spending, the largest bill ever to projects that are often wasteful. As marks.) pass through this body.

VerDate Nov 24 2008 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.047 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1556 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Hardly any Member, Republican or jobs, jobs. We need to do something money is spent by State and local gov- Democrat, was allowed to help work now. ernments, even though the Federal leg- and write up this bill. This bill was President Obama has said we need islative branch should be deciding written by the Speaker of the House, bold, swift action to move us into 21st where Federal money goes; $2 billion with absolutely no collaboration with century jobs and using the technology for groups like ACORN; $500 billion in a the Republican side of the aisle and, of this century. We can’t continue to non-earmark bill for the NIH head- frankly, little with even Democrats. live with 20th century technology. quarters in Maryland. Isn’t that inter- The principles of democracy are being This bill invests close to $20 billion esting? $600 billion for DTV; $30 million compromised here today, now. to help our doctors who today commu- for a rat in San Francisco. Mickey The American people deserve better. nicate with a more obsolete technology Mouse is going to be envious. He’s no The Members of this Chamber deserve than our kids do every day as they longer the mouse with the greatest net better. And our Founding Fathers ex- communicate with each other. Today, worth in California. Now, there’s a San pected better. our children are talking to each other Francisco rat that has edged him out. At best, all you’re going to do here during their breaks in school; yet, While people are being foreclosed and today, Mr. Speaker, is ram through most doctors can’t communicate with unemployed, the Democrats are spend- this Congress an ill-conceived, wrong- each other about what their patients ing $30 million for a rat. headed, misdirected spending spree. need. Mr. OBEY. I yield myself 10 seconds. This bill is not targeted toward cre- This bill lets us have our doctors in- I wish the other side would make up ating jobs like we wanted. It’s just vest in that technology so that while their mind whether it’s mice or rats, spending a borrowed trillion dollars today only one of every 20 doctors’ of- neither of which are in this bill if they that our children, grandkids, even fices uses high technology to commu- will read it. Got it right here. Find it great-grandkids are going to have to nicate with other health providers, and show it to me. Show it to me. Show pay. within the decade we will have 90 per- it to me. When all is said and done with today, cent of our health care providers, doc- I now yield 2 minutes to the distin- and the balloons are put away and the tors, and hospitals being able to com- guished gentleman from Washington champagne toasts are over, we will municate instantaneously. Jobs, jobs, (Mr. MCDERMOTT). leave a whopping and record-breaking jobs, but for the 21st century and do it (Mr. MCDERMOTT asked and was $12.1 trillion debt for our children to now. given permission to revise and extend try to mop up. Even worse, leading ex- We can quibble. We all have pro- his remarks.) perts tell us more every day, the re- posals. We’ve all made compromises, Mr. MCDERMOTT. Mr. Speaker, this sults of this bill will not jump-start but we all know the task is before us is not the first time America has faced our economy or create real high-wage today. You want to complain, you want an economic crisis, but it may be the jobs. to debate—let’s do that. But every day first time that one entire political Reject the bill. that we don’t do something, 20,000 party will sit on the sidelines with Mr. Speaker, they say just the exact oppo- American jobs are lost. Let’s move their arms crossed, their fists clenched, site. That the inflation this spree will cause will today. and their rhetoric numb to the suf- only further our fragile economy. The world Mr. LEWIS of California. Mr. Speak- fering being experienced by millions of markets are bracing for the worst as our na- er, I yield 2 minutes to the gentleman Americans who have lost their jobs tion tries to sell a record level of Treasury from Georgia (Mr. KINGSTON). through no fault of their own. notes. At the same time, foreign nations are Mr. KINGSTON. I thank the gen- The American people are waiting and posting huge deficits of their own and selling tleman for yielding and want to say, watching, and we will be judged not by their own bonds. This competition only im- the Republican Party is in absolute the volume of the rhetoric but by the pedes the very businesses you and I want to agreement. This is about jobs. This is boldness of our actions. And we have see grow, prosper and expand. about immediate action. That’s why we plan, and it’s rooted in one funda- Mr. Speaker, as a result, I fear that interest have offered a plan that gives twice the mental tenet: America once again be- rates will soar, inflation will rise, and the value jobs at half the cost. We believe it longs to Americans. of the dollar will plummet. should be also debated today, but in- And this Congress and this President The President has spoken correctly of our stead, the Democrats have chosen to will respond to the needs of the people need for immediate action. However, the pass the largest appropriation bill in with programs and promises that can American people would be better off with a the history of the United States. and will get America moving again. thoughtful, comprehensive bill that creates Now, I don’t think they’ve read it. Another 600,000 Americans lost their jobs by keeping taxes low, incentives for our We all know this bill hasn’t been read jobs in January. Overall, 4 million small businesses to expand, and reigns in but by a mere handful of people, but Americans have lost their jobs in the wasteful spending. We offered such a bill. It part of this bill actually increases the last year, the last year of the Bush ad- was refused. Instead, we have a hasty product debt ceiling to $12 trillion. And you ministration. that will actually do our country harm. know what, if deficit spending worked, This legislation extends unemploy- Let us rise to the occasion and pass a bill we would be in great shape. ment benefits to keep people with their that brings this Chamber together with a plan Last March, $29 billion to Bear heads above water while they look for for genuine stimulus, rather than political gain. Stearns; in May, $168 million for an- a job, and this legislation provides in- I urge rejection of this Conference Report. other stimulus package; in July, $200 centives for States to modernize their Mr. OBEY. I yield 2 minutes to the billion for Fannie Mae; in September, unemployment system to meet the de- distinguished gentleman from Cali- $85 billion for AIG; in October, $700 bil- mands of the American people in the fornia (Mr. BECERRA). lion for Wall Street. My goodness, we 21st century. Mr. BECERRA. I thank the gen- would be in great shape if deficit spend- FDR included unemployment insur- tleman for yielding. ing stimulus bills like this and bailouts ance in the New Deal 70 years ago, at a Mr. Speaker, jobs, jobs, jobs—that is worked. time when women typically stayed at job number one for this Congress. That But instead, what we’re doing here home to raise a family and part-time is the job that President Obama said is today is just one more of the same. jobs didn’t exist. We are offering a new the first order of business this year for This is a bill that has 17 percent tax deal for a new century. This legislation this body. cuts, a big 20 cents an hour for the will help working moms and dads. It Let me amend that. Not just jobs, workers out there. It has a mere 7 per- will help States make the adjustments jobs, jobs. Good paying jobs, 21st cen- cent in shovel-ready projects, dams, that one would like them to make to tury jobs, jobs that invest in and build roads, bridges that need to be rebuilt. better respond to their people. America tomorrow for our kids. When But the Democrats have instead de- This legislation adds $100 a month to you are hemorrhaging 5- to 600,000 jobs cided to increase the Federal Govern- the UI benefit, but before some on the a month, that means by the time I fin- ment spending: 31 new Federal pro- other side jump up and shout ‘‘moral ish my remarks, 28 Americans will grams; $200 billion in phantom ear- hazard,’’ know this. The average UI have lost their job in 2 minutes. Jobs, marks that will be decided where the benefit check does not even reach the

VerDate Nov 24 2008 00:49 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.055 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1557 poverty level. We offer a helping hand Mr. RANGEL did a good job negoti- the 1970s that causes inflation. The sec- while you offer rhetoric. For instance, ating the tax title to provide hundreds ond is we can raise taxes. We’d have to every dollar we provide in UI provides of billions of dollars in immediate fis- raise taxes $2,600 per American. And we $1.64 in economic impact. cal stimulus, starting with The Making know that higher taxes create higher I urge you to vote for H.R. 1. Work Pay credit, which will cut taxes unemployment. I’m not interested in Mr. LEWIS of California. Mr. Speak- for 95 percent of all taxpayers, includ- raising taxes. er, I yield 2 minutes to the gentleman ing 2 million families in Massachu- The third way is to borrow money from New Jersey (Mr. FRELINGHUYSEN). setts. from investors. But our investors here Mr. FRELINGHUYSEN. I thank the Working families will also benefit in America don’t have the money. We’d gentleman for yielding. from improvements in the child tax have to go to other countries, like the Mr. Speaker, I rise in strong opposi- credit, the earned income tax credit, United Arab Emirates or Saudi Arabia, tion to this agreement. People back and a new higher education tax credit. because China and the United Kingdom home want us to work together to do Businesses across the country will have their own economic problems. something to save their jobs, make up benefit from bonus depreciation allow- They can’t raise the money them- their lost savings, and restore the ance and small business expensing pro- selves. value of their homes. visions, as well as relief for small and So, to attract this money, we’re Quite correctly, Americans are ask- medium-sized businesses with net oper- going to have to raise interest rates, ing for help, and we had—I repeat, Mr. ating losses. Incidentally, I pushed for and higher interest rates—some 4 per- Speaker, had—the opportunity to re- a larger number there, as the other cent, according to the Congressional spond by passing a bill that actually side knows. And State and local gov- Budget Office—causes higher credit created jobs. Unfortunately, the House- ernment will see substantial relief for card rates, higher car loan rates, and Senate agreement, to the extent that infrastructure and other critical needs higher home mortgage rates. we’ve been allowed to see its contents, through the Recovery Zone bonds and We are following the legacy of Paul does little to help their cause. Build America bonds. Volcker from the 1970s. Back then, Most of this massive domestic spend- As a former mayor, I was happy to they called it the misery index. During ing will be sucked up by an enlarged lead and take the lead on changes to the 1970s, the media added inflation, government bureaucracy, hiring more the bond rules that will allow cities unemployment, and interest rates to- Federal and State public workers, not and towns to borrow at lower costs at gether to get the misery index. And it’s helping small businesses and families a time when credit is tight. coming back. Back then, it was 21.98. survive. The compromise also includes AMT Today’s, it’s 7.92. protection for 26 million American There’s a better plan than the misery b 1215 families—70,000 families in my district index. We could give every American The majority ‘‘markets’’ this meas- alone. money by giving them a payroll tax ure as a transportation infrastructure Now, we’re going to hear criticism holiday for several years. That would package. But a mere 17 percent of the from some that this legislation is too be a 10 to 20 percent pay increase for funding is directed towards the road, much, it’s too little; it’s too fast or it’s working Americans, and they would highway, and Army Corps of Engineers too slow. By definition, by definition, know best how to spend the money for programs that would immediately cre- fiscal stimulus means spending. And their families. With the money they ate real jobs. with an economy as great as ours, it will buy goods or they will save their In fact, H.R. 1 creates over 33 en- needs to be significant. money or they will invest their money. tirely new government programs, at a We did move at a very quick pace, All of that creates jobs. Because mak- cost to the taxpayers of over $97 bil- and we needed to. There are 10,000 fam- ing more money available for new ideas lion, and adds 600,000 new government ilies a day in America slipping into in the marketplace does create jobs. jobs. And when will Americans see the foreclosure. That’s 10,000 families a Vote ‘‘no’’ on this legislation. Vote effects of this spending? Probably not day. Clearly, the policies of the last 8 ‘‘no’’ to the misery index. This package any time soon. years did not work, and we need a will get more money to hardworking According to the CBO, less than half change. Americans by giving it directly to of the spending in this nonstimulus I hope support for this legislation them with a payroll tax holiday, be- package will be paid out in the next 2 will move today. cause that is the best plan. years. At that rate, an economic recov- Mr. LEWIS of California. I yield 3 We can stop the return to the misery ery will probably outrun most of the minutes to the ranking member of the index by getting people back to work, spending in this expensive legislation. Subcommittee on Appropriations that by getting more money in their pocket. And while the agreement does con- gets the vast percentage of increase in Let’s go for a payroll tax holiday. Vote tain some tax relief, it’s not targeted spending in this bill, the gentleman ‘‘no.’’ Let’s go back to conference. Cut to small businesses, which employ half from Kansas (Mr. TIAHRT). the government spending, add back a of all of us. And if that weren’t enough, Mr. TIAHRT. I thank the gentleman payroll tax holiday for working Ameri- the package before us weakens the from California. Today, another Kan- cans, and return the economy to the work requirements of successful wel- san is going to get laid off, and they strength it once had. fare programs we enacted years ago. will struggle to pay their bills. Our Mr. OBEY. I yield 2 minutes to the And it may lay the groundwork for a economy needs help and our people distinguished gentleman from North government takeover of American’s need help. But this bill isn’t help. This Carolina (Mr. ETHERIDGE). health care system by creating a Fed- bill will only place a drag on our econ- (Mr. ETHERIDGE asked and was eral bureaucracy that will decide how omy because it does nothing to solve given permission to revise and extend to ration health care. the underlying problems that hamper his remarks.) Mr. Speaker, Congress had the oppor- our economy. Mr. ETHERIDGE. I thank the gen- tunity to ‘‘jump-start’’ our economy, The Federal Government has a role tleman for the time to speak in support and failed in that responsibility. to help ensure American workers are of this bill. I thank you for your lead- Mr. OBEY. I yield 2 minutes to the free to prosper. But borrowing money ership and for this economic recovery distinguished gentleman from Massa- for massive government spending is not bill, on the issues that are in it, but chusetts (Mr. NEAL). the answer. also on school construction. Mr. NEAL of Massachusetts. Let me The reality is, this bill, some nearly I thank Mr. RANGEL, who’s been a first commend the conferees for put- $800 billion in spending and tax cuts, tireless advocate for investment in our ting this legislation together and then consists entirely of money we do not future economy. He and I have been to remind our friends on the other side have. So how are we going to get this proud to be able to be partners in au- that the operative word here today is money? thorizing the America’s Better Class- ‘‘necessary.’’ That is the most impor- There’s only three ways to get it. We room Act, which we are finally going tant word as we move this legislation can ask the Treasury Department to to enact into law in this piece of legis- forward today, ‘‘necessary.’’ print more money. But we know from lation.

VerDate Nov 24 2008 00:49 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.057 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1558 CONGRESSIONAL RECORD — HOUSE February 13, 2009 For more than 12 years we have been It’s an ill-conceived thought. Con- increases the efficiency in which it working to improve our Nation’s fidence is lost. It’s a wrong approach. If uses energy and relies upon renewable schools and opportunities for the fu- ever there was a massive bill where the sources of energy. ture. The idea that we created, to put devil is in the details, it is this bill. And the final and biggest piece in- the Federal Government into partner- And there are many devils in the de- volves investments in health. And ship with our local school districts to tails of this bill. there are three sections. First, the bill create private sector jobs and improve The government is ill-equipped to would help people who lose their jobs schools, was a perfect fit for the needs ramp up and do these things. We’re and have no health insurance. It proof our troubled economy. And I am going to be disappointed over time. vides temporary subsidies for COBRA proud that it is included in this final There’s going to be waste, fraud, and premiums to enable workers who had piece of legislation. abuse everywhere you look. insurance, to hold on to that insur- I strongly support the conference re- Just because Republicans spent too ance. port for H.R. 1, the American Recovery much money after September 11th and The bill would protect health insur- and Reinvestment Act of 2009, which lost our way on financial matters ance for an additional 7 million Ameri- takes needed steps to restore our econ- doesn’t mean the Democratic Party cans. It will also provide an 18-month omy. This bill provides urgently needed should be allowed to wreck our ship of extension of the health insurance pro- relief to struggling individuals and State. This has taken us very quickly gram that helps families transitioning businesses, and will create or save 3.5 down the wrong road. Vote ‘‘no.’’ from welfare to work to keep their million jobs in this country. Mr. OBEY. I yield 3 minutes to the Medicaid coverage. Hundreds of thousands of these jobs distinguished chairman of the Energy Second, the bill would provide $19 bil- will be created by the $25 billion in and Commerce Committee, Mr. WAX- lion in funding to accelerate the na- school construction bond tax credits in MAN. tionwide adoption of health informa- this piece of legislation. And they will Mr. WAXMAN. Mr. Speaker, I am tion technology. be created quickly. Hundreds of school pleased to have the opportunity to The SPEAKER pro tempore. The building projects have been stalled or speak in favor of this conference re- time of the gentleman has expired. delayed in this economic downturn. port. Our Nation’s economy is Mr. OBEY. I yield 1 additional Chairman RANGEL and I have intro- foundering. We need to respond. We’re minute. duced the ABC Act to help school dis- in a deep and long recession. Our unem- Mr. WAXMAN. This will expedite the tricts get the funding that they need. ployment rate is over 7 percent, and development of nationwide health in- Everything I have achieved in life is growing. And we urgently need an eco- formation infrastructure that will en- due to my educational opportunities, nomic recovery package to set the Na- hance real-time communication be- the ones that I was given by my friends tion on the proper course to rebound. tween providers and improve the co- and neighbors. I want today’s genera- I am pleased the House and the Sen- ordination of care. tion to have similar opportunities. ate moved rapidly to resolve the dif- Finally, the bill would provide $87 High-quality schools, with strong ferences between the two bills and to billion in temporary funding to assist teachers and modern facilities, are the get this bill to the President so it can State Medicaid programs facing surges key to the future. finally take action. in caseloads and State revenue short- Students can’t prepare for the 21st The final conference agreement re- falls. The bill would provide a tem- century economy in schools from the tains provisions that were passed out porary increase in the Federal Med- 20th century that are crumbling, dete- of the Committee on Energy and Com- icaid matching rate, FMAP. It balances riorated, and overcrowded. In today’s merce in January in three critical an across-the-board increase of 6.2 per- economic downturn, we have a chance areas that will accelerate economic re- centage points, with an additional in- to change this. I urge your vote on covery and protect American families: crease targeted at those States with this. Broadband, energy, and health. high unemployment. In today’s economic downturn, we must give The first piece is an investment in Mr. Speaker, this legislation is nec- our students every tool we can to compete in expanding broadband Internet access so essary to set the course to turn the the global economy. The new school construc- businesses and households in rural and economy around and deliver on our tion enabled by this bill is a good step in that other underserved areas can link to the promise and duty to assist our con- direction. School construction creates jobs global balance economy. stituents in this difficult time. I urge today, and provides the foundation for jobs for Broadband networks are as impor- my colleagues to approve the con- the future. I am proud that the tax credits in tant to the Nation’s economic success ference report. this bill will give local school districts support as the postal roads, canals, rail lines, b 1230 to improve their schools and the education and interstate highways of the past. they provide. Unfortunately, the United States has Mr. LEWIS of California. Mr. Speak- I urge my colleagues to join me in sup- fallen behind other nations in terms of er, I yield 1 minute to the gentleman porting this conference agreement. broadband deployment and adoption. from Iowa (Mr. LATHAM). Mr. LEWIS of California. Mr. Speak- This legislation would authorize ap- Mr. LATHAM. I thank the ranking er, I yield $8.8 billion to the gentleman proximately $4.7 billion for grants to be member. from Tennessee for 1 minute. That’s administered by the Commerce Depart- I just want folks to step back for just the cost of the minute I’m yielding him ment and another $2.5 billion in grants a second here. You know, last year at on this bill, to the gentleman from to be administered by the Agriculture the end of the year we spent $700 bil- Tennessee (Mr. WAMP). Department to put people to work lion on the TARP. Who knows if it has Mr. WAMP. Mr. Speaker, we know building new broadband infrastructure. had any effect. No one knows for sure. there’s a problem. Republicans have The second piece we’re considering is This Tuesday, the Secretary of the great empathy with the people that are a major investment in the Nation’s en- Treasury said we are going to spend an- hurting. Our constituents are your con- ergy future. The conference agreement other $2 trillion. Today, we are going stituents. But there’s little faith that will accelerate deployment of smart to spend $890 billion; with interest, well the Federal Government is going to grid technology throughout the coun- over another $1 trillion. In another make things better. try, offer loan guarantees for renew- couple weeks, we are going to spend an- The financial rescue didn’t work, the able energy and transmission projects, other $400 billion on the omnibus bill. TARP was mismanaged grossly, the and promote energy efficiency Then there is going to be a war supple- auto bailout didn’t work. They’re look- throughout the country. ment. We are talking about over $4 ing and seeing home budgets being cut I am pleased that we were able to trillion here in less than 3 months. to get through hard times. Local gov- adopt these provisions. We also will This is the most selfish bill I have ernment is being cut, State govern- support economic recovery through the ever seen generationally. We are saying ments’ budgets being cut. But only in creation of thousands of jobs, espe- to our children and grandchildren: We Washington can we spend our way into cially for low- and middle-income don’t care about you, because we just prosperity. Americans, as the Nation dramatically want self-gratification now. We want

VerDate Nov 24 2008 01:54 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.060 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1559 to feel better today. We can’t take any Fifty million dollars for the NEA. I Mr. CALVERT. Mr. Speaker, in 1996, pain ourselves. love the NEA. Necessary in a stimulus I created the E-Verify program, and I Our kids and grandchildren are pay- bill? will not idly stand by while a coalition ing for this, and it is going to limit Billions of dollars for a sin express of pro-amnesty groups and their allies their opportunities for the future for train from Los Angeles to Las Vegas. in big business kill this program in the the next generations. Necessary? I don’t think so. dead of night. The American people Mr. OBEY. Mr. Speaker, I yield 1 And, of course, we have got the infa- have repeatedly voiced their support minute to the distinguished dean of the mous Frisbee golf course. And if you for employment verification; yet, we House, the longest-serving Member in are going to have a Frisbee golf course, find that, once again, special interests the House of Representatives of any you had better have green golf carts, win out. Member in history, the gentleman from So we put money in for green golf While nearly 1 trillion taxpayer dol- Michigan (Mr. DINGELL). carts. That is good, too. Necessary? I lars are going to be spent in this Reid/ (Mr. DINGELL asked and was given don’t think so. Pelosi stimulus plan, there is no assur- permission to revise and extend his re- The list is too long to complete when ance that the job it created will go to marks.) you look at this bill; but, fundamen- American workers. Amendments to re- Mr. DINGELL. I thank my good tally, the problem is the process that authorize the E-Verify program, which friend for yielding time. created this bill. None of this stuff expires on March 6 and requires any en- As a boy, I was a page in this body would have been in here had we gone tity receiving stimulus funds to par- during the Depression. My father was a through a process which allowed Mem- ticipate in E-Verify, both of which had Member of Congress. A third of the bers to have input and debate and so been accepted in the House Appropria- Americans were out of work. People forth on this bill. Instead, this has been tions Committee, were stripped out of were losing their homes and their created in the Speaker’s office, in the the bill without discussion or debate. farms, businesses were closing. Hard- President’s office, and handed to us and The one candle in the darkness of ship was terrifying. It was the worst said, ‘‘We have got to pass this bill.’’ this disastrous bill was the reauthor- economic experience in the history of This process stinks. There is no other ization requirements to use E-Verify. this country. Let’s learn from history, word for it. And for the first time in Now, we are left with legislation that my dear friends and colleagues, and my public life, 4 years on a local city places the interests of illegal immi- let’s do something about this so that it council, 14 years in the Idaho legisla- grants above those of hard-working doesn’t happen. ture, and 10 years in this body, for the American families and leaves this bill Herbert Hoover became the most re- first time in my life I am embarrassed at the foot of future generations. viled President in the history of the to be a Member of this body. Mr. OBEY. I yield 1 minute to the United States because he didn’t do any- Mr. OBEY. I yield 1 minute to the distinguished gentleman from Illinois thing about the recession which was distinguished gentleman from New Jer- (Mr. RUSH). Mr. RUSH. Mr. Speaker, I want to coming. Those who have studied that sey (Mr. PALLONE). thank Chairman WAXMAN, Chairman Depression tell us that had Congress Mr. PALLONE. Mr. Speaker, I am OBEY, and Chairman RANGEL for their acted and had the administration acted embarrassed, frankly, from the com- hard work on the compromise legisla- with vigor, that the Depression would ments I hear from the other side of the tion that we have before us today. In a have been much shorter and much less aisle about mouse traps, Frisbees, golf time when so many Americans are in severe. carts. The economy is in terrible shape, the grips of economic hardship and de- We have a chance to learn from that it is getting worse every day, and we spair, now is the time for all of us to experience and to do something about are trying to address it in a bold way. come together and act on the part of it, and to see to it that this generation That is what is necessary here, not those who are in need. doesn’t leave a depression to the next talking about these trivial things that Mr. Speaker, our people need jobs. generation. It is not just about spend- the other side is bringing up. Our people need jobs and our Nation ing money; it is about doing something At a time when States are facing fis- needs jobs. And we need to invest in right about a terrifying problem that cal problems and more people are in our infrastructure, invest in our com- faces this country. I urge us to learn need of health care services, we provide munities, and invest in the next gen- from history so that we don’t repeat it. in this bill critical financial assistance eration of Americans. This package in- Support this legislation. so that States can maintain their Med- cludes all the tools and all the money Mr. LEWIS of California. Mr. Speak- icaid programs, health care. It would to make our dream of a better tomor- er, I yield 2 minutes to the gentleman provide access to health coverage for row for all Americans a reality. from Idaho (Mr. SIMPSON). those who recently lost their jobs by With the passing of the American Re- Mr. SIMPSON. I thank the gen- making COBRA coverage more afford- covery and Reinvestment Act, we will tleman for yielding. able. And, finally, the package would act by deeds, not just words. The Bible Mr. Speaker, I feel like I went to bed modernize our Nation’s health care tells us that a tree will be known by a couple weeks ago and woke up in system by investing nearly $20 billion the fruit it bears. This bill has good bizarro-world. We are about to spend in health information technology. fruit in it. over $1 trillion for a stimulus bill These are the important things that Mr. LEWIS of California. Mr. Speak- which will do little, if anything, to we face right now. People are losing er, I yield 4 minutes to the gentleman stimulate the economy. What it will their health care. We are addressing from Texas (Mr. BARTON), the ranking stimulate is the growth of government. this. We are giving money back to the member of the Energy and Commerce I have no doubt that those on the States. We are helping people with Committee. other side of the aisle feel that this is their health care so that they can stay (Mr. BARTON of Texas asked and the right thing to do to help the econ- insured. was given permission to revise and ex- omy, but sincerity does not make Mr. Speaker, I appeal to my col- tend his remarks.) something right which is fundamen- leagues on both sides of the aisle, now Mr. BARTON of Texas. Mr. Speaker, tally wrong, and this bill is fundamen- is the time for bold action. This pack- I rise in opposition to this conference tally wrong. age is a good package. Vote ‘‘yes.’’ report. We were just told a few minutes ago Mr. LEWIS of California. Mr. Speak- I want to start out by talking a little that the key word here is ‘‘necessary.’’ er, could I inquire as to the time re- bit about the process. I know that is Millions of dollars for mouse habitat? maining. not very sexy. But when the President Yes, it is not specifically put in the The SPEAKER pro tempore. The gen- and people complain that Republicans bill. What they have done is put in a tleman from California has 201⁄2 min- are not being bipartisan, they need to fund for habitat restoration, which the utes remaining; the gentleman from know that we haven’t been given much agency says they will spend up to $30 Wisconsin has 24 minutes remaining. of a chance, if any of a chance, to be bi- million on mouse habitat restoration. Mr. LEWIS of California. Mr. Speak- partisan. That is beautiful. Necessary? I don’t er, I yield 1 minute to the gentleman As this bill started in the House, know. from California (Mr. CALVERT). there were no hearings in the House of

VerDate Nov 24 2008 01:54 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.062 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1560 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Representatives. There was a markup once the State gets that Medicaid novation which will ensure that our recovery is in Ways and Means and a markup in money, they can use it for other pur- strong and that the United States continues its the Approps Committee and a markup poses. And, oh, by the way, that is leadership in the competitive global economy. in the Energy and Commerce Com- theoretically temporary. But do you To secure America’s technology leadership mittee. The Energy and Commerce really believe that adding $90 billion to in the 21st Century we are renewing Amer- Committee that I am on, Mr. WAXMAN, the baseline for Medicaid is going to be ica’s investments in basic science and re- to his credit, had a 12-hour markup, temporary? It is going to go into the search, providing $15 billion for scientific re- and five Republican amendments were permanent baseline, and it is going to search, including $3 billion for the National accepted. Three of those were stripped raise the cost over time to the U.S. Science Foundation, $1.6 billion for the De- out before the bill came to the floor; taxpayer. partment of Energy’s Office of Science, and one was kept in as is, and one was ma- I could go on and on, Mr. Speaker. $10 billion for the National Institutes of Health. terially changed. But the point of the subject is those of To achieve energy independence, we have When we went to conference with the us on our side, we understand that peo- invested $30 billion in energy programs such other body, our chairman Mr. WAXMAN ple are hurting, we understand that we as a new, smart power grid, advanced battery was appointed a conferee, as he should need to do things to help the economy. technology, and energy efficiency measures, have been, because it is about $200 bil- Shouldn’t we start by keeping the peo- plus another $20 billion in tax incentives for lion of the bill is in the Energy and ple that have a job, let them keep a lit- renewable energy and energy efficiency. Commerce jurisdiction; but no Repub- tle bit more of their money by doing To provide all Americans an ‘on-ramp’ to the lican, no minority member was ap- some tax cuts? A lot of those got di- Information Superhighway, we are investing pointed. So we had no Republican input luted in this bill. Shouldn’t we require $7 billion for extending broadband services to into the conference. Of course, that is that, if you are going to spend money, underserved communities across the country. probably okay, because it really wasn’t it has a long-term effect, it helps basic Fifty years ago John Kennedy said ‘‘the Chi- a conference. There were five House infrastructure? This bill doesn’t do nese use two brush strokes to write the word conferees and five Senate conferees. that. Vote ‘‘no.’’ ‘crisis.’ One brush stroke stands for danger; The majority party Members, three on Mr. OBEY. I yield 1 minute to the the other for opportunity. In a crisis, be aware the House and three on the Senate, distinguished gentlewoman from Cali- of the danger—but recognize the opportunity.’’ This economic recovery package is a bill signed the conference report without fornia (Ms. ESHOO). Ms. ESHOO. I thank the distin- filled with hope and belief—hope that the dan- anybody actually on the Republican guished chairman. ger of the current crisis will be averted, new side being given a copy to look at. So Mr. Speaker, 50 years ago a Presi- jobs will be created, and old jobs will be re- it was kind of a done deal. dential candidate, John Kennedy, said So on process alone, when the Presi- stored so that people will once again enjoy the the following: The Chinese use two dent asks why Republicans tend to be dignity of a day’s work, and a belief that we brush strokes to write the word ‘‘cri- appositive of the bill, it is because we recognize this opportunity to reinvigorate the sis.’’ One brush stroke stands for dan- really were not given any input into great innovative spirit of our country that we ger; the other stands for opportunity. the finished project. love so much. On the policy, the Energy and Com- In a crisis, be aware of the danger, but Mr. LEWIS of California. Mr. Speak- recognize the opportunity. merce Committee has jurisdiction over er, I am proud to yield 2 minutes to the That is what we are doing today. We BEY, the energy, over telecommunication, and partner of our chairman, Mr. O recognize the full danger that faces gentleman from Wisconsin (Mr. RYAN). over health care. The energy section, America, the greatest danger since the b 1245 they took out all the energy grants for great depression. But we also recognize things like clean coal technology. They the opportunity for the people of our Mr. RYAN of Wisconsin. I thank the left in a little thing called electricity great Nation that we love so much, and gentleman. decoupling; which means, in order to what we are doing is building for the Mr. Speaker, the President said, ‘‘We get some of these green energy grants, future: Health care for the unem- don’t want any tired old ideas.’’ I the Governor of a State has to certify ployed, extension of unemployment agree. One-time rebate checks, special to the Department of Energy’s Sec- benefits for those that find themselves interest pork and runaway spending, retary that they are going to do this unemployed. The building blocks not those tired old ideas didn’t work in the decoupling. That means that you can only for today, but the opportunities past administration. They won’t work allow the PUC to decouple the price for tomorrow by making investments now. This is just more of the same. you pay from the amount of electricity in technology, broadband, the sciences. Both parties have messed this thing up. that you use. So it is a revenue guar- I urge all of my colleagues to con- So the question is, are we going to antee for the utility; so as the utility sider this opportunity for America. come together and fix this? gets the green grant and goes out and Mr. Speaker, America has been shaken to The crown jewel of the American educates you on how to use less elec- its core by an economic disruption unlike any- economy is the risk-taker, the entre- tricity, you use less electricity, your thing we’ve seen since the Great Depression. preneur, the small businessmen and bill stays the same or goes up. It is the For too many Americans it seems that nothing women, the person who put it all on most anticompetitive, anticonsumer, is certain or secure—not our jobs, not our the line and created jobs. That is the antifree-market piece of legislation I homes, not the very businesses our economy way out. That is not what this bill have ever seen on the House floor and stands upon. does. This bill says, let’s take money it is in this bill. Today the American people and people out of the economy and away from the On health care, my friends on the around the world can take heart that our Na- private sector through higher bor- other side have made a big point of tion is acting to reverse course and begin the rowing and higher taxes, ultimately so talking about all the things they are difficult work of rebuilding our economy, our that government bureaucrats can doing on health care. Well, you have infrastructure, and our confidence in our coun- spend money and try and re-micro- the health IT grants, which some of try’s future. manage the economy back to pros- that may be good, but do you really This legislation responds to the pressing perity. need to give every doctor in America needs of today, creating and saving 3.5 million This bill, which will lead to higher $44,000 to switch to electronic records? jobs by rebuilding America through new in- costs and higher taxes, will be not a And, oh, by the way, a lot of that vestments in roads, bridges, mass transit, en- road to prosperity, but a road to stag- money is not available in 2011, until ergy efficient buildings, flood control, clean nation. The priorities are just all 2012? I am not sure that is very stimu- water projects, school construction, and other wrong. There is more money in this lative of the economy. infrastructure projects. 95 percent of American legislation for the National Endow- We give the States more FMAP workers will receive an immediate tax cut to ment for the Arts, for the National En- money for Medicaid. It doesn’t have to ease the impact of the harsh economic condi- dowment for the Arts, than there is to be spent on Medicaid. Fifty percent or tions and jumpstart consumer spending on helping small businesses keep and cre- 65 percent is allocated on the standard goods and services. ate jobs. We can do better than this. formula package, and the rest is allo- Just as importantly, this final bill makes crit- Mr. Speaker, please, if you want bi- cated on high unemployment. But the ical investments in science, technology and in- partisanship, that means collaboration,

VerDate Nov 24 2008 01:54 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.064 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1561 working with us. You have all the you it is less than 7 percent, and only too big. It is too expensive. It is way rights. The majority can do whatever about $10 billion in the first year over too slow. And at the end of the day, it they want. But when you look at the 50 States. That is hardly an investment is not going to rescue this economy. minority’s alternative, a plan to create in our roads and our bridges. And at the end of a couple of years, it’s jobs, to help families and small busi- They say there is no mouse in this middle-class families and small businesses keep and create jobs using the bill. But there is, sir. What they don’t nesses that are going to have to pay for administration’s own methodology, tell you is that in the EPA projects, it all this cash. you will see that our plan creates twice cites for sure and for certain they will Taxpayers just aren’t willing to the jobs for half the cost. This bill spend money on the salt marsh habitat spend one-quarter of $1 million to trade sends us on a worldwide borrowing for the mouse in San Francisco. Cer- a new job. They’re not willing to spend binge. We’re going to go out and bor- tainly, the Speaker is getting her more money on art than on small busi- row four times as much money this cheese. The people in Michigan are nesses. They’re not willing to buy year than we ever have in the history waiting for theirs. I will tell you this. Frisbee golf courses and gambling of this country in a single year. This is Do you know what? We spend money in trains. That is a bad use of our dollars. not just a road to stagnation, it is a this bill. True enough. And what they We can do better. road to stagflation. don’t tell you is that this is one of the Mr. OBEY. I yield 1 minute to the Mr. OBEY. I yield 1 minute to the most massive, massive transfers of distinguished gentlewoman from Cali- distinguished gentlewoman from Cali- debt to our children in the history of fornia (Ms. HARMAN). fornia (Mrs. CAPPS). this country. There are lots of IOUs, Ms. HARMAN. I thank the gentleman Mrs. CAPPS. I thank my colleague. but not much for jobs in this bill. for yielding. Mr. Speaker, I rise in strong support Mr. OBEY. I yield 1 minute to the Let me highlight two issues. First, of this bill, which will reinvest in distinguished gentleman from New temporary increases in COBRA, FMAP America’s future and which will create York (Mr. ENGEL). and DSH coverage, a lifeline for hard- jobs. Do you know that there are still Mr. ENGEL. I stand in strong support hit families and communities. Mr. sectors of our economy that are hiring? of the economic recovery legislation WAXMAN played the critical role in the And one of those is health care. I’m so before us today. We cannot stand idly conference on these issues, and con- proud to see that this legislation recog- by like our Republican friends are stituents in our adjoining congres- nizes the need to educate new nurses, doing and let our economy sink any sional districts are very grateful. Har- physicians and dentists and responds further. The cost of inaction is far too bor-UCLA Medical Center is the only by investing $500 million for profes- great. The American people are hurt- level 1 trauma center near top terror sional education. In 2008, over 27,000 ing, and we’re trying to do something targets, like LAX and the Ports of LA qualified applicants were turned away about it. and Long Beach. Without DSH, Harbor from nursing schools because we don’t Our Republican friends, unfortu- will have no surge capacity to treat have enough faculty to train them. The nately, are becoming the party of victims of terror and natural disasters. programs that will be funded through ‘‘no.’’ Well, while they are saying ‘‘no,’’ Second, energy innovation and effi- this bill will help train more faculty we are saying ‘‘yes,’’ yes to creating 31⁄2 ciency. This is a stimulus bill, and the and also entry-level nursing students million jobs, yes to providing tax smart grid and transportation projects so that we can shore up our health care breaks to the middle class, yes to pro- it funds are a jobs engine. It sets the workforce. viding AMT relief, yes to improving framework for future climate change If we continue simply at the pace we our infrastructure to be more energy legislation. are today, we will have a shortage of 1 efficient, yes in providing health care Mr. Chairman, enhanced safety net million nurses by the year 2020. This coverage for millions of Americans and clean energy jobs are good reasons bill makes an excellent investment to during this recession, providing an es- to vote ‘‘aye.’’ alleviate that shortage, to create jobs timated $87 billion in additional Fed- Mr. LEWIS of California. Mr. Speak- for nurses, for doctors and for health eral matching funds. er, I yield 1 minute to the gentleman care professionals. This will help States like mine, like from Illinois (Mr. ROSKAM). So I urge my colleagues to vote New York, maintain their Medicaid Mr. ROSKAM. Mr. Speaker, I thank ‘‘yes.’’ programs in the face of massive State the gentleman for yielding. Mr. LEWIS of California. Mr. Speak- budget shortfalls over the next 2 years. So I was at a birthday party for some er, I yield 11⁄2 minutes to the gentleman We say ‘‘yes’’ to reduce our dependence young kids not too long ago, and every- from Michigan (Mr. ROGERS). on foreign oil. FMAP funds are impor- body is playing the normal games that Mr. ROGERS of Michigan. Nobody tant. I have long fought hard for more all little kids play. But there is one knows the pain of a bad economy like FMAP funds. The stimulus will provide kid—and this is typical at every kid’s us fellow Michiganders, and we’re suf- much-needed relief to our States. We birthday party—that sees the cake and fering worse than any other State in say ‘‘yes’’ for energy-efficient pro- starts scraping the icing off the cake, the Nation. And if this bill even came grams. Say ‘‘yes’’ for this bill. This is and he leaves the grubby mess for ev- close to providing hope or a job, I a good bill. erybody else. That’s exactly what this would be for it, but this bill is dan- Mr. LEWIS of California. Mr. Speak- bill does. gerous. And this is the kind of thing er, I yield 1 minute to the gentleman According to the CBO, an entity that that happens when you rush it and you from Texas (Mr. BRADY), a member of everybody pauses and recognizes as au- don’t let people in to see it. the committee. thoritative, the CBO says, yeah, you Think about it. They do say, listen, Mr. BRADY of Texas. Thank you, may get a short-term sugar buzz off it gives credits for hybrid plug-ins. But Chairman. this. But in 2013, because of the passage what they don’t tell you is that in this It is sad that this House has imposed of this bill, you’re going to have nega- bill, for every dollar the average family a gag rule so that the American public tive growth. From 2013 to 2019, what saves by going green, the electric com- can’t hear today what’s in this bill. we’re basically going to be foisting on panies charge you $1. Your electric bill The special interests know what’s in this economy is that grubby, nasty is going up with this piece of legisla- this bill. They certainly do. Congress is birthday cake without any of the icing. tion. They say, do you know what? going to rain billions of dollars of cash We can do much better than this. I There is business relief in this bill for across this land, and special interests think the President expects us to do small businesses. They don’t tell you and lobbyists have big buckets out to much better than this. And I urge a that less than 1 percent of this bill goes catch it. ‘‘no’’ vote. to small businesses. We all want this President to suc- Mr. OBEY. I yield 1 minute to the As was said before, we spend more on ceed. We want this economy to get distinguished gentleman from Massa- arts than we do on small business, going because people are hurting. But chusetts (Mr. MARKEY). which is 80 percent of our job providers. when the economy is drowning, you Mr. MARKEY of Massachusetts. For They say this bill spends money on throw it a life preserver. You don’t millions of Americans, after 8 years of roads and bridges. But they don’t tell build a 40-foot yacht for it. This bill is laissez-faire economics, they know it is

VerDate Nov 24 2008 01:54 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.067 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1562 CONGRESSIONAL RECORD — HOUSE February 13, 2009 just a fancy word for ‘‘left behind.’’ the conference report includes patient privacy provide relief for the people who need Fixing the economy is not a spectator safeguards that I have long advocated, includ- it the most and make investments in sport. That’s what has been going on ing a provision that I offered at the Energy and our future. Americans demanded for 8 years. And that’s what’s going on Commerce Committee markup to ensure that change last November. And we must with the Republicans here today. patients’ medical records are made answer that call today. I urge my col- This bill creates or saves 3.5 million unreadable to unauthorized individuals. leagues to vote ‘‘yes’’ on this con- jobs. It provides tax cuts for 95 percent This balanced, well-thought out package ference report. of Americans. It spurs a green jobs rev- provides tax relief for 95 percent of Americans Mr. LEWIS of California. I reserve olution. It has health IT that will revo- and targets investments in key areas to turn the balance of my time. lutionize medicine with privacy and se- around the American economy. I urge my col- Mr. OBEY. I yield 1 minute to the curity built in that I requested and the leagues to vote in favor of H.R. 1, the Amer- distinguished gentleman from Vermont majority has placed in this bill. There’s ican Recovery and Reinvestment Act of 2009. (Mr. WELCH). more money in this bill after 5 years of 3.5 million jobs created or saved. Mr. WELCH. Thank you, Mr. Chair- cutting the NIH budget, there’s a dra- Tax cuts for 95 percent of Americans. man. matic increase in the NIH budget to Green job revolution. Mr. Speaker, President Obama under- find a cure for cancer, for heart dis- Health IT, with privacy. stands something that every Vermonter knows, and that is that this ease, for Parkinson’s and for Alz- NIH increase—cure Alzheimer’s. economy faces the biggest challenge heimer’s. This is a revolution in health Mr. LEWIS of California. Mr. Speak- since the Great Depression. We have a care, in energy and in job creation. er, I yield to the gentlelady fighting for very simple choice in Congress. It is to This bill must be passed today and jobs in Michigan, CANDICE MILLER, for 1 do nothing, as Herbert Hoover did, or it break with the 8 years of laissez-faire, minute. is to act boldly, as Franklin Roosevelt which has hurt every single American Mrs. MILLER of Michigan. Mr. did. family. Vote ‘‘yes’’ on this bill. Speaker, I come from Macomb County, Today we’re responding with determination Michigan, which is the proud home of b 1300 and bold action to combat the most severe the Reagan Democrats. And it is a This bill embraces the philosophy of economic crisis our country has faced since community that has been impacted as Franklin Roosevelt that when the the Great Depression. much as anybody in this Nation by the economy is deteriorating, people are For years, as hardworking American families economic downturn. And I do not need losing their jobs, Congress must act to struggled to make ends meet and the econ- to be lectured by anyone about the save jobs and rebuild our economy. omy shed millions of jobs, Republicans told us challenges we are facing, because we This bill is well-balanced and can not to worry—we are in the midst of a ‘‘jobless live with it every single day. I under- provide 8,000 jobs in Vermont. It helps recovery’’, they said. But ‘‘jobless recovery’’ is stand. Believe me, I understand. our taxpayers, property taxpayers and an oxymoron, a contradiction in terms, like So when President Obama talked State taxpayers. It provides a safety jumbo shrimp or Salt Lake City nightlife—it about an economic stimulus plan that net to the people who, through abso- just doesn’t exist. was focused on tax cuts or massive in- lutely no fault of their own, lost their The failed ‘‘laissez-faire’’ approach of the frastructure investment, I was there. jobs. We owe it to them. And it pro- past 8 years has now been discredited by ris- But what we are about to vote on today vides investments in the future. Green ing unemployment, loss of confidence in our fi- is unrecognizable from what he talked jobs, health care information tech- nancial markets, and the economic hardships about. Michigan is a State of about 10 nology. suffered by families across the country. million people, and we are the hardest This is essential as a step to start re- For millions of Americans, ‘‘laissez-faire’’ is hit, as I said, by this economy. And yet vitalizing our economy and putting it just a fancy name for ‘‘left behind.’’ we are expected to get approximately in a growth path for the future. With this economic recovery package, we $7 billion from this bill. And appar- Mr. LEWIS of California. Mr. Speak- are taking the bold action that is needed by ently the Senate majority leader has er, I yield 1 minute to the gentleman creating or saving 3-and-a-half million jobs, re- earmarked $8 billion for a rail system from Texas (Mr. HENSARLING). building America, making us more globally from Las Vegas to Los Angeles? You Mr. HENSARLING. Mr. Speaker, peo- competitive and energy independent, and have got to be kidding. You have got to ple want to know how did we get into transforming our economy. be kidding. this painful economy. Too many of our I say to my Republican friends: ‘‘fixing the As everyone knows, Michigan is de- fellow citizens borrowed too much. economy is not a spectator sport.’’ pendent on the auto industry, which is They spent too much, and they While our country is facing enormous chal- on its knees right now. So I was incred- couldn’t pay it back. And now the mis- lenges, we also have a once-in-a-generation ibly disappointed to see an $11 billion takes of individuals, the Democrats opportunity to create millions of new jobs, in- auto incentive to spur auto sales re- want to force upon us collectively. vest in vital priorities, and position our econ- duced to $2 billion in the conference re- Mr. Speaker, you cannot borrow and omy for future growth. Today we are seizing port. spend your way into prosperity. Even this historic opportunity and setting our country Please vote ‘‘no’’ against this bill. the Democrats’ own Congressional on a new direction. Mr. OBEY. Mr. Speaker, I yield 1 Budget Office says H.R. 1 is the single This is about greenbacks and green energy. minute to the distinguished gentleman greatest spending bill in the history of This urgently-needed economic recovery from North Carolina (Mr. America, will leave us the greatest package funds infrastructure projects that are BUTTERFIELD). debt in the history of America, and ul- ‘‘shovel-ready’’, while also supporting future- Mr. BUTTERFIELD. Mr. Speaker, I timately, will hurt our economy, leav- oriented projects that are ‘‘circuit-ready’’: want to thank personally Congressman ing a legacy of debt, crushing debt for broadband, electronic medical records, smart WAXMAN, Congressman RANGEL, Con- future generations. grid, advanced battery technologies, and other gressman OBEY and particularly their The Republicans want to stimulate vital priorities. staffs for their hard work on this im- the economy by helping small business. The massive investments in weatherization, portant legislation. The Democrats want to stimulate big state energy efficiency grants, and federal Mr. Speaker, no one disputes that government. The Democrats want to building efficiency are some of the safest and we’re in an economic crisis. It con- spend millions on urban canals. The smartest investments our country can make tinues to deepen. Families are hurting. Republicans want to spend millions on right now. They put money into the pockets of In my home State of North Carolina, small businesses like Williams Paint American workers and pay for themselves in more than one-third of our 100 counties and Body, to preserve and grow 21 jobs. the form of energy savings and lower energy are now suffering from double-digit un- Democrats want to spend $300 million prices. This energy efficiency ‘‘double divi- employment, including 10 of those to buy government bureaucrats new dend’’ is a proven, reliable phenomenon that counties in the First Congressional cars. Republicans want to spend money our current weak economy must capitalize. District. on Terry Manufacturing, to preserve The bill provides $19 billion for a new health Without question, we need to quickly and secure 20 new jobs. Big government IT infrastructure to improve care, lower costs pass this stimulus bill this afternoon or small business? Choose small busi- and reduce medical errors. I am pleased that which will put people back to work, ness.

VerDate Nov 24 2008 01:54 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.070 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1563 Mr. OBEY. Mr. Speaker, I yield 1 On the tax side, in cutting taxes, mil- that facility approached me and asked minute to the distinguished majority lions and millions and millions of me to vote for this bill. In fact, I have leader, Mr. HOYER. Americans will receive a tax cut when received over 1,400 phone calls, e-mails (Mr. HOYER asked and was given we pass this bill and President Obama and letters from Caterpillar employees permission to revise and extend his re- signs it. Millions and millions and mil- alone asking me to oppose this legisla- marks.) lions of people will be helped as they’ve tion. Why? Because they get it. They Mr. HOYER. We are coming close to lost their jobs and can’t put food on know that this bill is not stimulus. the end of this debate. America and the table of their families, will be They know that this bill will not do Americans are in trouble. They’re helped by this bill. Millions of families anything to create long-term sustained hurting. Millions of our constituents who know that their children are going economic growth. This bill is too big to are in great pain. They’ve lost their to have to compete in a global market- get it wrong. homes, they’ve lost their jobs. Their place will be able to send their children I hail from a district that once had salaries are not keeping up with the to college because of this bill. And in Everett Dirksen, who is famous for a costs that confront them. addition to that, we will invest billions billion here, a billion there. And so we come here, 435 of us, and of dollars in making sure that we are The SPEAKER pro tempore. The five representing the territories and no longer subject to being held hostage time of the gentleman has expired. the District of Columbia. We come here by the oil barons who wish us no good Mr. LEWIS of California. I yield the to act, to act on their behalf, to try to will. gentleman 30 additional seconds. make a difference, to try to ease the And so, my friends, we come pretty Mr. SCHOCK. Everett Dirksen once pain that this economy has visited close to the end of this debate. And we said, a billion here, a billion there. Un- upon them. ought to vote, not as Republicans, not fortunately, ladies and gentlemen, Those of us who have been here for as Democrats. We ought to vote recog- we’re now a trillion here, a trillion many years have heard this debate nizing the policies that we’ve been pur- there. We cannot afford to get this very often. And I tell my friends, I’m suing have not worked, demonstrably, wrong. It is too important to get it sure that had I been here in 1929 and statistically, obviously. There’s no ar- wrong. 1930, I would have heard much the same gument on that. Millions of people un- My district also had a man by the representation. employed. Millions lost their jobs name of Abraham Lincoln who served And we were told, frankly, in the last under the economic policies we’ve been in this seat for 2 years. We celebrated of the 1980s, stick with us on this eco- pursuing. his 200th birthday yesterday. I’m re- nomic program. And it didn’t work. And so, yes, President Obama said to minded of his quote: ‘‘What kills a And we were told in 2001 and 2003, stick the American public, we need to skunk is the publicity it brings itself.’’ with us on this economic program, and change. This is our moment. We need Perhaps that is the haste by which this it didn’t work. to move in a new direction. And that’s bill is being brought forward. And like the failed program of the what this bill does. I urge a ‘‘no’’ vote. 1920s that brought our economy so low, Some would like to stay on the same Mr. OBEY. I yield 1 minute to the the failed policies of the early part of path, pursuing the same failed policies. distinguished gentleman from Mary- this century have brought this econ- The sign of a good person and a good land (Mr. VAN HOLLEN). omy to the lowest point it has been legislator is to say, I moved in this di- Mr. VAN HOLLEN. Mr. Speaker, since the policies of the late 1920s. rection and it didn’t work, and so I’ll today we stand shoulder to shoulder And so we hear the debate. We hear change directions. That’s what this bill with President Obama to say to the the debate about investing in our peo- does. American people, help is on the way. ple. We hear the debate about trying to Every American prays that this bill This package packs a punch where it’s build up our economy, create jobs. And will work. I think all of us pray that needed most: ready-to-go infrastruc- we hear one argument, do it our way, this bill will work. I hope that we come ture projects, tax relief for middle do it our way and you’ll create those together, not because this bill is per- America and small businesses, essen- jobs. Well, my friends, we did it your fect, but because it is a substantial in- tial forward-looking investments in way. In 2001, in 2002, in 2003, in 2004, in vestment of America’s money in resus- areas like clean energy, health IT, sci- 2005, 2006, 2007 and in 2008. And we had citating its economy that is causing it entific research and education, prior- the worst job performance of any ad- such great pain. ities that will create or save millions ministration since the late 1920s and My friends, it is time for us to act. of jobs in this country. early 1930s. Vote for this bill to restore, to recover, Now, throughout this debate we’ve I would hope that every Member on to invest in a better future for all those heard from those who, for a variety of this floor, of whatever party, of what- who sent us here, hoping that we would reasons, think we should do nothing. ever ideological persuasion, would pray act in their best interests and the best While those voices may be sincere, in- that this bill works; not for political interest of their children, their family action is not an option. Just say no is purposes, because if this bill works, we and their country. I believe voting not an answer to the American people will create those 31⁄2 million jobs. Am I ‘‘yes’’ is doing just that. And I urge my at this time. absolutely assured that it will? I am colleagues to do just that. And if our colleagues on the other not. I regret that I’m not. Mr. LEWIS of California. Mr. Speak- side of the aisle want to define them- But the best advice and counsel that er, I yield 1 minute to the newest Mem- selves as the party of ‘‘Nobama’’ I I have received over the last 5 months ber of the House, AARON SCHOCK of Illi- think that the American people will that we’ve been working on this bill, nois. call them and say it’s time for us to September, October, November, De- Mr. SCHOCK. Mr. Speaker, I had the work together. cember, January, as we hemorrhaged privilege yesterday of traveling with There are also those that say we jobs in this greatest economy on the the President to my hometown of Peo- should do this through tax cuts alone. face of the earth, as a million people ria, Illinois, to visit a company that And they propose substituting a middle lost their jobs over the last 60 days, as has made the news recently, Cater- class tax cut package with a tax pack- 65,000 Americans lost their jobs in 1 pillar Corporation. And during that age that once again benefited those day 2 weeks ago. And so America ex- speech, the President had me stand up who are relatively well off. pects us to act. in front of the hundreds of my con- We don’t need more of the same. We And none of us can guarantee that we stituents and Caterpillar workers and need to put this country to work. I have all the answers. But economist urged them to call on me to support urge adoption of this legislation. after economist after economist, in- this bill, and asked them to approach Mr. LEWIS of California. Mr. Speak- cluding one of JOHN MCCAIN’s economic me after his speech to put pressure on er, I yield myself such time as I might advisers, says that we have to act, we me to vote for this bill. consume. have to act with speed, and we have to I found it very interesting that after Mr. Speaker, we just received official act substantively, and we have to act the President finished his speech and I scoring of the $792 billion bill at 12:04 with large investment. stayed around, not one employee at p.m. Unfortunately, we didn’t receive

VerDate Nov 24 2008 01:54 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.072 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1564 CONGRESSIONAL RECORD — HOUSE February 13, 2009 this critical information until one- Mr. LEWIS of California. I have been Mr. OBEY. Then I would yield 1 third of our very limited debate time told, since the Speaker wants to close, minute to the distinguished Speaker of was over. then our leader ought to precede her, the House. While portions of the bill were scored we will have three. Ms. PELOSI. Thank you very much, by CBO earlier, in the case of the ap- Mr. OBEY. Then I would suggest the Mr. Speaker. propriations section, 40 percent of this gentleman proceed. I thank the gentleman for yielding. I entire package, the Members have not Mr. LEWIS of California. Could I in- thank him, Mr. OBEY, the distinguished had the benefit of knowing what effects quire as to how much time is remain- chair of the Appropriations Committee; this bill would have. Now that we have ing? Mr. RANGEL, the chair of Ways and this information, let me tell you what The SPEAKER pro tempore. The gen- Means; Mr. WAXMAN, Mr. MILLER, Mr. the nonpartisan Congressional Budget tleman from California has 5 minutes GORDON, Mr. OBERSTAR, and Ms. Office concedes. remaining. The gentleman from Wis- VELA´ ZQUEZ—the chairs of the commit- In the case of the more than $311 bil- consin has 13 minutes remaining. tees which had the most to do with lion in spending, CBO estimates that Mr. LEWIS of California. Mr. Speak- putting this legislation together. I less than half of this spending will er, I yield 2 minutes to the Republican thank them for their great work on be- occur over the next 2 years, the time whip, the gentleman from Virginia (Mr. half of the American people. frame that many economists say such CANTOR). My colleagues, as we gather here spending must occur to have the stimu- Mr. CANTOR. Mr. Speaker, outside today, the American people are watch- lative effect. the walls of Congress, America is para- ing and are waiting. They want to see CBO estimates that only 11 percent lyzed by a suffocating crisis of con- if we can act on their behalf. They of the money will spend out this year. fidence. A virus that began in the cred- want to know if we have heard their It begs the question why has the ma- it and housing markets has spread to pleas. They are concerned about their jority decided to include this in this infect the broader economy. Small jobs—whether they can hold them—and bill rather than through the regular businesses are hunkered down. The those who have lost their jobs are con- appropriations process? Why have they promise of retaining or of finding a cerned about how they are going to be decided to create 33 new programs and able to have any economic stability for permanently expand 73 programs? solid job slips further out of reach for America’s workers. their families. They are concerned b 1315 With this stimulus package, Congress about their health care. They are con- By growing the Federal Government has a responsibility to re-instill lost cerned about putting food on the table. There is a great deal of apprehension now in this bill, the majority knows confidence, and it has an obligation to in our country about our economy. that they have a much better chance of focus our efforts like a laser on the cre- permanently increasing government. ation, preservation and protection of What we need now, though, is not fear. I reserve the balance of my time. sustainable jobs. That is why the bill We need confidence. We need con- Mr. OBEY. I yield 1 minute to the we are voting on today represents a fidence in our economy, in our markets. We need consumer confidence. We distinguished gentlewoman from Con- fundamental dereliction of duty on the need to do the job for the American necticut (Ms. DELAURO). part of this majority. This legislation Ms. DELAURO. I rise in support of people. will not put people to work right away, Mr. Speaker, a little more than 3 this economic recovery package—a nor does it contain the time-honored bold, urgent plan to create American weeks ago, in his very inspirational in- incentives for work, investment, inno- augural address, President Obama jobs and to move to long-term eco- vation, and job creation that are prov- nomic growth. Every day reminds us of pledged ‘‘action—bold and swift—not en to stimulate growth. only to create new jobs but to lay a why this recovery package is so crit- This week, I spoke with a struggling ical and urgent, and it reminds me of foundation for growth.’’ Today, only a business owner in my district. How little more than 3 weeks later, Con- why we serve in this institution. could I tell him I am voting for a bill Last month, the economy lost 600,000 gress is boldly and swiftly delivering that gives more money to projects like on the President’s promise of new jobs, jobs. States are facing major midyear Federal Government cars than it gives budget shortfalls. They have already new hope and a new direction for the to businesses like his. This bill is load- American people. begun to furlough employees. This ed with wasteful deficit spending on week, we worked with President I said on this floor that the ship of the majority’s favorite government Obama and with the Senate to create state is difficult to turn. Yet the Amer- programs. We need jobs, not mountains 3.5 million jobs to get our economy ican people know and historians will of debt to be paid by our children. We moving—putting resources in the judge that this is a remarkable can do better. We proposed a plan on hands of people who need relief and achievement for President Barack our side that did do better. It created who will spend it quickly, giving 95 Obama. Never before has a President twice as many jobs at half the cost. percent of working Americans an im- passed his first major economic pro- Mr. Speaker, I would like to yield 30 mediate tax cut, expanding the eligi- posal so boldly and so swiftly. seconds to the gentlewoman from bility of the child tax credit, benefiting It is also a remarkable achievement Michigan. over 16 million children, $20 billion to for this Congress that we dubbed 2 Mrs. MILLER of Michigan. Mr. increase the food stamp benefit, which years ago the ‘‘New Direction Con- Speaker, I am going to be offering the will reach 14 million families imme- gress.’’ With the extraordinary articu- motion to recommit momentarily, diately, putting Americans back to lation of the President’s vision and our which will be offering to restore the work with $100 billion for building own represented in this legislation, the tax credit for car purchases to the full roads, bridges, mass transit, energy-ef- name ‘‘New Direction Congress’’ rings $11.5 billion, which was reported by the ficient buildings, and clean water more true now than ever. It is in sharp projects. Senate to the conference committee. contrast to the ‘‘do nothing’’ approach No investments are more critical Unfortunately, it was stripped out of that some want us to take here, and than those that we make on our human there. The Democrats watered down certainly, it is in very sharp contrast capital. We got this right. Let’s get it this proposal to $1.6 billion, which will to the approach taken when our coun- right today and support this bill. have almost no impact on the auto in- try was in big economic trouble leading Mr. LEWIS of California. I continue dustry. Of course, my being from into the Depression. to reserve the balance of my time. Michigan and as we all know, the auto My colleague, Mr. MILLER, has al- Mr. OBEY. Could I inquire of the gen- industry is on its knees. ready told you some of this, but I want tleman how many speakers he has re- The SPEAKER pro tempore. The to revisit it. maining? time of the gentlewoman has expired. When President Hoover was faced Mr. LEWIS of California. I believe I Mr. OBEY. Could I inquire of the gen- with the Depression, he said, ‘‘What have two. tleman how many speakers he has re- the country needs is a big laugh,’’ he Mr. OBEY. Then I would ask the gen- maining? said in 1931. ‘‘If someone could get off a tleman to proceed. We have only two Mr. LEWIS of California. I have one good joke every day, I think our trou- left—the Speaker, and I will be closing. speaker remaining. bles would be over.’’

VerDate Nov 24 2008 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.073 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1565 In 1932, Hoover asked Will Rogers to ability in our tax dollars and trans- either side of the aisle that doesn’t un- think of a joke that would stop hoard- parency so that the American people derstand that. And I think everyone in ing. He told Rudy Vallee, ‘‘If you could can see where each dollar is invested this Chamber on both sides of the aisle sing a song that will make people for- and can contact by name those respon- understands that Congress needs to act get the Depression, I will give you a sible for how those dollars are spent, and we need to act now to help Amer- medal.’’ President Hoover told Chris- ensuring a strong result for our econ- ican families and help small businesses topher Morley, ‘‘Perhaps what this omy. and to help bring more confidence back country needs is a good poem . . . Just yesterday, the President and to our economy. Sometimes a good poem can do more leaders of Congress came together in The question is, how do you do that? than legislation.’’ the Rotunda of the Capitol to honor The President, when he outlined his Sometimes it can. But not this legis- the legacy and courage of our Nation’s desires for this bill, summed it up pret- lation. greatest President, Abraham Lincoln. ty simply when he said, ‘‘This bill What President Hoover was saying Lincoln’s stirring words captured the needs to be about jobs.’’ I don’t think then was not funny then, and it is not very heart of our democracy and rep- there is anybody in this Chamber that funny now. The American people need resentative government. A few years disagrees that this bill needs to be action, and they need action now. They after his sole term in the House of Rep- about jobs, preserving jobs in America, have a right, as they listen to this de- resentatives—and aren’t we proud to and helping to create new jobs and bate, to ask about this legislation: call him ‘‘colleague,’’ one who has helping to get our economy rolling What is in it for me? served in our House—Lincoln offered again. After all of the debate, this legisla- his thoughts on the aims of govern- But the bill that was supposed to be tion can be summed up in one word, ment: about jobs, jobs, jobs has turned into a ‘‘jobs’’—new jobs for the 3.6 million ‘‘The legitimate object of govern- bill that’s all about spending, spending, Americans who were put out of work ment is to do for a community of peo- and spending. since the recession began in December ple whatever they need to have done This is disappointing. The American 2007, new jobs and an economy trans- but cannot do at all or cannot do so people expect more of us. They expect formed by this legislation’s new invest- well for themselves in their separate to have something that’s going to work ments in health, education, science, in- and individual capacities.’’ Abraham for them. And my opposition to this novation, and in clean, efficient Amer- Lincoln. bill isn’t the fact that we’re doing a ican energy, new jobs created through More simply put, we are all in this bill—we need to act. But how? modernizing America’s roads, bridges, together. When you look at some of the spend- transit systems, and waterways. It is As you cast your vote today, I think ing of this bill, it will do nothing about the first such large-scale effort in half I feel this more than on any occasion creating jobs in America. Tell me how a century since the creation of the when we have had a very important spending $50 million for some salt Interstate Highway System under vote, and this vote today is, indeed, marsh mouse in San Francisco is going President Eisenhower. The jobs that historic. When we put our cards in to to help a struggling auto worker in the American people care about most— register our support for this important Ohio. Tell me how spending $8 billion their own—will be dramatically safer legislation or not, let us think that our in this bill to have a high-speed rail the day that President Obama signs hands are being held and that our line between Los Angeles and Las this into law. hands are being pushed by all of the Vegas is going to help the construction While we jump-start and then trans- American people who want us to vote worker in my district. Or how about form our economy for years to come, for them—for their health, for the edu- the family who called me about the we must also lift those harmed by the cation of their children, for their jobs, fact that the bread winner in the fam- economy we inherit—the workers and for the economic security of their family’s hours are going to be cut from 40 families who have been hurt in the re- ilies, for a better future built on inno- hours to 20 hours. Can’t hardly make cession. What is in it for them? vation, science and technology, and on his payment. What’s it do for him? Ab- More than 35 percent of this package a future that will give them hope. solutely nothing. will provide direct tax relief to 95 per- Their expectations are high. Our op- And so, my concern about this is that cent of American workers through the portunity is great. This legislation we have to have a plan that will work Making Work Pay Tax Credit. We pro- helps fulfill the promises that Presi- for the American people, work for fam- vide the most significant expansion of dent Obama not only made in his inau- ilies, work for small businesses, and tax cuts for low- and moderate-income gural address but that many of us have help get our economy going again. I Americans ever, which will lift more been working over the years in a bipar- don’t think this bill does it. than 2 million Americans out of pov- tisan way to achieve. I never thought I I hope this bill works, I really do, for erty. would see the day when we would have the good of our country. But my con- College will be made more affordable an opportunity so great to do so much cern is that the plan that’s outlined for 7 million American college students for so many people in our country. will not do what we want it to do. who will see an increase in their Pell I urge a strong and resounding ‘‘yes’’ That’s why Republicans came to the grants. Four million students will ben- for the American people. table with what we thought was a bet- efit from a new $2,500 American Oppor- ter idea, a plan that would create twice tunity Tax Credit that is partially re- b 1330 as many jobs as the bill that we’re de- fundable. Mr. LEWIS of California. Mr. Speak- bating at exactly half the cost. But our We will also help workers and fami- er, as I prepare to call upon my last ideas weren’t considered. We weren’t lies make ends meet by extending un- speaker, I want to remind my col- allowed in the room, we weren’t al- employment benefits, COBRA for un- leagues that according to the Congres- lowed to participate at all. And all of employed workers, by investing in job sional Budget Office, only 11 percent of the talk about bipartisanship that training and by increasing nutrition the appropriations in this bill will be we’ve heard over the last several assistance. Economists tell us that spent by the end of 2009; 47 percent months went down the drain. every dollar invested in food stamps would be spent by fiscal year 2010; 53 Now, my Democrat colleagues know I and in unemployment insurance cre- percent would not be spent until after know how to be bipartisan, even when ates $1.73 or $1.63 respectively, making October of 2011. we were in the majority. I’ve worked the right thing to do for the American It is my pleasure to call upon, for 1 with many Members on the other side people the right thing to do for the minute, the Republican leader of the of the aisle to bring bills to this floor economy. We get the biggest bang for House, JOHN BOEHNER. that truly were done together. But we the buck on those initiatives that ad- Mr. BOEHNER. Mr. Speaker and my would usually start at the beginning of dress the needs of our working fami- colleagues, the American economy the process. lies. needs help. Our neighbors, our friends, Not only were we not included at the The historic scope of this bill is our constituents, they’re hurting. And beginning of the process, we weren’t matched by an unprecedented account- there’s not a Member in this body on even included at the end of the process.

VerDate Nov 24 2008 01:54 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.075 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1566 CONGRESSIONAL RECORD — HOUSE February 13, 2009 And it’s not about us being excluded. And I don’t think there is one Mem- their own baloney. And I think what It’s about our ideas to help make this ber of Congress who came here to pass the likelihood is on this bill, frankly, is economy better, our ideas about how to an $890 billion bill—if you add interest that supporters of the bill are inclined give American families and small busi- on it, about $1.1 trillion—of spending to to overstate its possibilities and oppo- nesses the ability to keep more of what help grow the size of the Federal Gov- nents, as we’ve seen here today, are they earn to help their families, to help ernment and to do very little to help certainly inclined to trash it. their businesses, to create more jobs. American families and small busi- I was criticized in the Rules Com- That’s what the American people want. nesses. mittee last night and again on the They don’t want more spending on a I’d suggest that you vote ‘‘no.’’ floor today because I frankly said, ‘‘I couple hundred million dollars to get Mr. OBEY. Mr. Speaker, could I in- do not know how many jobs this bill is the country ready for some national quire how many more speakers the likely to produce.’’ health plan, money that’s going to go gentleman has. What I do know is that the consensus to the bureaucracy. They want to know Mr. LEWIS of California. Assuming of reputable economists around the how their budgets are going to be that you’re the last speaker, I’m ready country is that this bill will save or helped. And unfortunately, they’re not. to yield back the balance of my time, create several million jobs. Exactly If all of that wasn’t enough, here we and I do yield back. how many will be determined by his- Mr. OBEY. Mr. Speaker, I yield my- are with 1,100 pages—1,100 pages—not tory. one Member of this body has read. Not self the remainder of the time. Now, the critics say a number of Mr. Speaker, this country faces the one. There may be some staffer over in things. They say the bill is too big, and greatest crisis that we’ve seen in terms the Appropriations Committee that then they announce they’re going to read all of this last night—I don’t know of our economy since the 1930s. Unem- ployment is expected by many people produce a recommit motion which adds how you could read 1,100 pages between $9 billion to the cost. That’s what I call midnight and now. Not one Member to hit 12 percent. We’re told if we do nothing, we’re likely to see unemploy- falling off both sides of the same horse has read this. at the same time. What happened to the promise that ment at least around 12 percent; and we hope that with the passage of this I would suggest that this bill is big, we’re going to let the American people all right, but I’ll make you a deal: You see what’s in this bill for 48 hours? But proposal, we can mitigate that disaster to a significant degree. show me a smaller problem that we no, we don’t have time to do that. have to confront, and I will be happy to We owe it to the American people to Why are we in this trouble? Because produce a smaller bill. get this bill right. We owe it to Amer- we have had a virtual collapse and a The fact is, we face, over the next 21⁄2 ican families, we owe it to small busi- freeze-up of the financial system and years, a hole in the economy of ap- nesses, and we owe it to ourselves to the credit markets; we’ve had a col- proaching $2.5 to $3 trillion. get this right so that we can, in fact, lapse of the housing sector of the econ- This is an $800 billion package over help our economy. I don’t believe this omy and the auto sector of the econ- 21⁄2 years. That means the annual fiscal is the way to do it. omy. It’s disappointing the way this proc- In normal circumstances in a normal thrust without the economic multi- ess has worked and the outcome that recession, we are usually led out of pliers is about $300 billion. I personally we’ve got. And I’m a big believer that that recession by housing and by auto- think that it is smaller than it needs we shouldn’t come to the floor and talk mobiles. This time, those two sectors to be, but it has been downsized since about process, but bad process leads to are in shambles. They’re not going to it left the House to some degree in bad policy. And that’s what we have lead us out of anything for the mo- order to try to pick up Republican sup- here, in my view. Bad policy that will ment. port in the Senate, and I understand drive up, drive up the debt and put all The other tool normally available to that. of this cost on the back of our kids and us is monetary policy in the form of The critics have another technique: our grandkids and their kids. low interest rates through action of They trash by trivializing. They follow I hope it works, but I surely have my the Federal Reserve. We’ve already the guidelines laid out by one of the doubts. fired that bullet. Members of their leadership a few So I’m going to vote ‘‘no.’’ I’m going The only bullet left is fiscal policy. months ago when he said in The Post to vote ‘‘no,’’ and I’m going to hope, And so what we are trying to do with that the way they ought to deal with I’m going to hope that the next time this bill is to save and create several the Democratic majority is to behave that we get into a major piece of legis- million jobs, we’re trying to help the like a thousand mosquitos inflicting lation on this floor, that you will in- victims of the recession who are losing mosquito bites and tormenting the ma- clude us. You will include our ideas. their jobs, losing their health, losing jority. I said on the opening day that Repub- their pensions, losing their ability to And so what do they say? They tell licans would not be the party of ‘‘no,’’ send their kids to college; and at the us, for instance, that there’s an ear- that we would be the party of better same time, we’re trying to invest in mark in here for rail under ‘‘high-speed ideas. And I’m committed to bringing new portions of the economy through rail.’’ The fact is, there is not. All of better ideas to the floor, and let’s de- science, technology, new energy initia- the funding in that account is discre- bate those better ideas. tives to try to modernize the economy tionary. It will be awarded competi- Our tax policy, fast-acting tax policy and make it stronger as we come out of tively, and the decisions will be made that helps American families and small this recession, as we most certainly entirely by the Department of Trans- businesses does, in fact, create twice as eventually will. portation. And the last time I looked, many jobs. Twice as many jobs. Be- And we are also, despite the objec- the new Cabinet Secretary was a Re- cause we want the American people to tions of some on the minority, trying publican. keep their money to invest in their to put a quite significant amount of b 1345 family and their small business. We’re money into the health care system. not interested in growing the size of What on earth is wrong with trying to Secondly, they tell us that we’re government. save money in the health care system spending more money on the arts than I asked my colleagues yesterday in and at the same time making it more we are on small business. We’re putting our conference, ‘‘Think about the first efficient by transferring our medical $750 million in this bill for small busi- time you ran for Congress.’’ The fresh- records to computerized records to re- ness. There’s $50 million in here for the man Members, they can remember this duce errors, and to save money at the arts. And you know what, there are 5 because they just did it. For me, it was same time? million people who work in the arts in- 18 years ago. But I can tell you what I Guess what? This bill isn’t perfect. dustry, and right now, they’ve got 121⁄2 said 18 years ago: that I would come Guess what? I’ve never seen a perfect percent unemployment. Or are you sug- here to fight for a smaller, less costly, bill produced by this or any other legis- gesting that somehow if you work in and more accountable Federal Govern- lative body. that field, it isn’t real when you lose ment. This is the epitome—the epit- You know, the worst thing that peo- your job, it isn’t real when you lose ome—of what I came here to stop. ple can do in this town is to believe your mortgage, it isn’t real when you

VerDate Nov 24 2008 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.078 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1567 lose your health insurance? We’re try- care, science and the rest. In contrast and I’m profoundly grateful to the ing to treat people who work in the today, we have a President who is will- staff, certainly on our side of the aisle, arts the same way as anybody else. ing to invest $800 billion to attack this especially Beverly Pheto who has be- And then they tell us there are mice, recession and to turn this economy come staff director because the White except when they say they’re rats. into a stronger and better economy for House stole our previous staff director. Well, I would simply urge you to read every American, not just the top 10 Mr. BOYD. Mr. Speaker, I rise today in sup- The Mercury News because The Mer- percent who have benefited by Repub- port of H.R. 1, the American Recovery and cury News points out that that is a fal- lican policies. Reinvestment Act of 2009. lacious attack. One month ago, we had a President I want to commend House Leadership and They say that we’re spending $30 mil- who resisted raising the minimum President Barack Obama for ushering this leg- lion on mice. Where did the $30 million wage and resisted providing expanded islation through a tricky process. Though this figure come from? According to The unemployment insurance. Today, we’ve may not be the perfect bill, we cannot let the Mercury News, and I will read this, ‘‘It got a President who’s reversing that perfect be the enemy of the good. Frankly, our turns out that $30 million is the total policy and says ‘‘Go to it, help those economy is in uncharted territory. At a time amount that the California Coastal people, they need it.’’ when unemployment is pushing 7.6 percent Conservancy, a State agency, rec- And we’ve also got a President who is and key economic indicators show a down- ommended more than a month ago to willing to put $90 billion into States to ward spiral, Congress has a duty to come to- numerous Federal agencies looking for preserve our society’s ability to see to gether and act on behalf of the people. I lists of ‘shovel ready’ projects as part it that poor families and kids don’t get worked in conjunction with my Blue Dog col- of the stimulus bill planning.’’ And the knocked off the Medicaid rolls. leagues to ensure that the final version of this staff director for the minority leader One month ago, we had a President bill was better than the original House version himself told the press yesterday that who asked us to pass No Child Left Be- and was streamlined towards effective spend- he had to admit there was no specific hind and then for the next 8 years ing and tax provisions that are temporary, tar- reference to any mice or rats in this reneged on the promise to provide addi- geted, and timely. bill. tional funding to pay for the cost of Stimulative spending including the funding There is one place in this budget, those mandates. We had a vote today for transportation and education infrastructure however, where you do have mice. It’s on the issue of mandates. The mother projects, job training and workforce develop- at NIH. One of the Members of this of all mandates has been No Child Left ment, and critical investments in rural commu- House told me today, ‘‘I’d be happy to Behind, which I voted for, but I ex- nities like broadband services and wastewater talk about mice because research pected the President not to welch on projects will be extremely beneficial to commu- projects at NIH saved my life’’. Cancer the deal, and financially, he did. This nities in Northwest Florida. The temporary tax research, the research is done on mice. changes that. This reverses that policy. provisions, such as the expansion of the Would you rather have the experimen- I would ask Members to vote for this Earned Income Tax Credit and the increase of tation done on human beings? I don’t bill. It will change this country for the the refundable portion of the child credit, are think so. better. also critical to bolstering the economy by en- If you look at what this bill does, it Mr. LEWIS of California. Mr. Speak- suring that money will quickly get into the provides an $800 tax break for middle er, I ask unanimous consent to reestab- hands of Americans who are going to spend American couples. It provides $120 bil- lish 30 seconds of my time to speak out it. Additionally, H.R. 1 increases unemploy- lion in infrastructure to create hun- of order. ment benefits, provides more funding for food dreds of thousands of jobs. It shows The SPEAKER pro tempore. Is there stamps and a one-time payment to recipients some mercy to people who are unem- objection to the request of the gen- of Social Security and veterans receiving dis- ployed by extending and expanding un- tleman from California? ability compensation and pension benefits. Fi- employment benefits. It tries to mod- There was no objection. nally, this bill helps small businesses quickly ernize the economy to create new jobs Mr. LEWIS of California. Mr. Speak- recover costs of new capital investments by through science and technology. It pro- er, it goes without saying that all of us extending the bonus depreciation for making vides $170 billion to help States avoid appreciate Members and staff who are investments in plants and equipment. In the catastrophic tax increases that would willing to work around here. There’s no end, these combined provisions are our best be counterproductive during this kind Member in the House who puts in more bet for a shot in the arm of this economy. H.R. of a recession. And it also helps them energy and time and hours than my 1 will create or save over 8,300 jobs alone in to avoid drastic cutbacks in education, friend, Chairman OBEY. I do not nec- the 2nd district of Florida which I represent in law enforcement, so that they don’t essarily have to agree with everything and over 200,000 jobs statewide. have to fire cops, they don’t have to that he might suggest, but in the Despite the positive aspects of the bill, I do fire teachers, they don’t have to fire meantime, you certainly cannot dis- have concerns with the bill and even more se- prison guards and all of the other peo- count his commitment to this effort. rious concerns with our long-term economic ple who are paid for out of State budg- And to the staff on both sides of the problems. ets. Those are some of the ‘‘terrible’’ aisle who spent endless nights, week- For one, billions of dollars to fix the Alter- things the bill does. ends and otherwise trying to evaluate native Minimum Tax are included in this bill. Now, this bill does have one problem. and work through this package and Though this prevents many middle-class fami- It is estimated that it creates about 1 help each other where we can, I want lies from tax increases, it does so in the most million fewer jobs than it did when it them all to know that they have our fiscally irresponsible way possible. It is not jus- left the House earlier. It does that in thanks, the entire House’s thanks, for tifiable emergency spending. We need a long an effort to be bipartisan because the that effort. term, sustainable solution to this problem and President reached out to try to get Re- Mr. OBEY. Would the gentleman I have consistently voted to support a paid-for, publican support in the Senate, and he yield? offset Alternative Minimum Tax over the years. makes no apology for that and neither Mr. LEWIS of California. I’d be happy Furthermore, I would have chosen a better, do I. But the fact remains, we still to yield. more inclusive process in considering this bill. have 86 percent of the House bill that Mr. OBEY. Let me simply thank the I would have preferred more time to study the we had when the bill left the House. gentleman for his comments and say major incentives for health information tech- That is a pretty doggone good ratio. that I appreciate the fact that we can nology, increased federal assistance for higher I think we need to appreciate that debate these issues and still remain education programs, and alternative energy in- this bill is the largest change in domes- personal friends. vestments, even if they are provisions that will tic policy since the 1930s. Think of And I also want to thank, as the gen- make our economy stronger and more innova- what has happened. tleman has, I want to thank profoundly tive. My Blue Dog colleagues and I appreciate One month ago, we had a President the staff of this committee and all the the recent commitment of the Leadership of who insisted on holding up the entire committees who worked so hard. So the House to have a return to regular order domestic appropriation part of the often these people go 1 and 2 and 3 days and process in this body. budget because he wanted to impose $30 in a row with little or no sleep. That I was also concerned that the House voted billion in cuts in education, in health certainly has been the case this week, on this bill before having two days to review

VerDate Nov 24 2008 01:54 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\K13FE7.080 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1568 CONGRESSIONAL RECORD — HOUSE February 13, 2009 the final text. I voted against the Previous This historic bill will spur road building, give of foreign oil will begin to be addressed, our Question and the Rule for the bill to make this businesses tax breaks, and expand broadband healthcare system improved, and our eco- point. access. nomic well-being restored. This is the plan. Finally, I am very concerned about the un- Yes, it will do all that, and so much more. This is the time. And ‘‘yes’’ is the answer. precedented federal deficits and burden to fu- It will help our country avoid a recession so Mr. LANGEVIN. Mr. Speaker, I rise in sup- ture generations that the levels of spending in dark and deep that the pain and economic dis- port of the Conference Report to H.R. 1, the this bill will create. We are living in unparal- location it would produce for the vast majority American Recovery and Reinvestment Act, leled economic times with regards to loss of of people would be terrible to contemplate. which addresses the unprecedented economic jobs, houses, and credit throughout the coun- According to a broad consensus of the crisis we are currently facing. This measure try and I firmly believe that only by tackling brightest minds in the field, this economic will put our economy back on track and will long-term fiscal issues can we ensure a pros- stimulus bill will help put Americans back to also transform our economy for the 21st Cen- perous nation today, tomorrow, and well into work now, and get us back to doing what we tury through much needed investments in our the future. I will continue to work with my col- do best—lighting the way to the future. health care system, infrastructure, education, leagues in Congress to balance our annual It will provide more than $150 billion in pub- and energy independence, while saving and budgets and address the entitlement spending lic works projects for transportation, energy creating millions of jobs during the next two issue that threatens our future. and technology. years. I am heartened that President Obama com- We will begin to develop the clean energy We are facing dire economic times. Every mitted to a ‘‘Fiscal Summit’’ later this year to sources and smart transmission lines that the week, we are faced with new reports on job tackle the issues of long-term fiscal responsi- whole world will demand tomorrow. losses across our country. In my home state bility. These actions, coupled with a commit- There is $10 billion for medical research to of Rhode Island, we have the country’s sec- ment to address the underlying causes in the help America retain its vaunted leadership. ond highest unemployment rate at ten percent housing and financial markets at the root of The bill also provides for the urgent needs and last December, we were ranked sixth na- our economies woes, are encouraging. of today, with $87 billion to help states meet tionally in foreclosure rates. These harsh reali- Despite the concerns I have outlined, I rising Medicaid costs. ties have made it increasingly clear that our stand in support of H.R. 1 and I will continue There is money to help state unemployment economy will face an even sharper downturn to work with fellow elected officials at all levels offices that are overwhelmed by the numbers if we do not act soon. of government to oversee accountability and and funds to help those who have been The compromise between the House, Sen- transparency during the spending of the stim- thrown out of a job through no fault of their ate and White House is not perfect, but it con- ulus funding provided by this bill. own, and are struggling desperately to keep tains the right formula of spending and tax re- Mrs. MALONEY. Mr. Speaker, the speed at health insurance coverage for their families. lief to stimulate our economy and increase which both chambers and both parties have And it addresses the three most important new job opportunities. With that in mind, I sup- come together on this recovery package issues facing us today. Jobs, jobs, and more port taking action to rebuild our nation’s econ- shows how committed Congress and the Ad- jobs. This bill is expected to create about 3.5 omy and put Rhode Island families first. H.R. ministration are to shoring up our troubled million jobs. 1 will appropriate spending for transportation The total impact on my state is expected to economy. and infrastructure upgrades and construction, be the creation of 215,000 jobs with almost The landmark legislation that we will pass health care programs, education assistance, 8,000 jobs in my district alone. today will create millions of jobs, provide cut housing assistance and energy efficiency up- taxes for hard working families, provide basic Across the country the bill is expected to produce over a million jobs in construction and grades, and includes personal and business necessities to families in need and make in- tax breaks, tax provisions intended to assist vestments necessary to transform our econ- manufacturing, and 345,000 jobs in professional and business services. And 90 percent state and local governments, and energy-re- omy for the 21st Century. lated tax incentives for a total of $787 billion Economists, business leaders, and labor of these jobs will be in the private sector. There is a tax cut for 95 percent of working to be expended over Fiscal Years 2009 and unions across the political spectrum know that 2010. This measure helps those hit hardest by decisive action is the only way to jolt our American and the bill protects millions of middle income taxpayers from having to pay the the economic downturn by extending unem- economy out of its intensifying tailspin. ployment benefits, providing job training to get Everyone in the process has compromised, Alternative Minimum tax in 2009. people back to work quickly, increasing food except for House Republicans. It’s time for the The aid that will flow directly to states should also help to ease some of the most stamp benefits, and extending health benefits. House Republicans to stop saying ‘‘no’’ to ev- The recovery plan provides funding to mod- erything and start saying ‘‘yes’’ to bipartisan- painful service cuts that were looming, and may even provide more tax relief. ernize our crumbling roads and bridges, in- ship and ‘‘yes’’ to recovery. crease transit and rail funding to reduce traffic The current economic crisis requires bold According to Governor David Paterson, New congestion and gas consumption, and invest solutions that address the magnitude of our York state might be able to use some of the in clean water and other environmental res- economic woes, and the American Recovery federal stimulus funds to avoid some of the toration projects. These investments will im- and Reinvestment plan will do just that. 137 business and consumer tax increases We will blunt the effects of the recession for now planned for next year. mediately create jobs in my state, as projects families by increasing food stamps benefits, In the coming days, you will hear 1,001 dif- will only receive funding if they are ‘‘ready to expanding unemployment benefits, and pre- ferent opinions about this bill. And I hope you go’’ within 90 days of the enactment of this serving health care benefits. will keep in mind that Congress listened to a bill. This legislation also includes additional in- The recovery plan also invests in America’s wide range of opinions on just what to do to frastructure funding that will improve our na- school, roads, bridges, water systems that are get America working again. tional security by modernizing our electric grid, in disrepair and creating a drag on our econ- There were many, including Nobel Laure- upgrading our airport, port, transit and rail se- omy. ates in the field of Economics who felt we curity, and updating Department of Defense We have an historic opportunity to make the should be spending considerably more. There facilities. investments necessary to modernize our pub- were some who said we should spend less. One of the best ways to grow our economy lic infrastructure, transition to a clean energy And even a few who said we should do noth- is by investing in our future workforce. The in- economy, and make us more competitive in ing. But sitting still and doing nothing was clusion of robust education initiatives that will the future. never an option. Inaction is simply not in the build 21st Century classrooms, labs and librar- Our plan also supports working families by American DNA. ies is also very important to me as we prepare providing a tax cut for 95 percent of workers Some made a case for spending more on the next generation of workers to support and and their families. infrastructure while others pushed for bigger strengthen our economy. I am pleased that By spreading job creation out over the next tax cuts. But politics is the art of the pos- funding to modernize, renovate and repair couple of years and across a variety of sec- sible—and tax cuts for the wealthiest Ameri- school buildings is included in the final lan- tors, we will soften the downturn and foster a cans are what helped to pave the way to the guage. It also contains funding for Title I pro- solid economic recovery. hole we find ourselves in now. grams, which serve disadvantaged children, It’s time to get our economy back on track. And our critics must admit that tax cuts and IDEA, which serves disabled children, en- Furthermore Mr. Speaker, in writing about alone never built a school, fixed a bridge or suring that all children, regardless of where the American Reinvestment and Recovery Act, paved a road. they live or their disability, receive a quality the front page of the Wall Street Journal said With the passage of this bill, our crumbling and equal education. Moreover, this level of it well. infrastructure will be repaired, our dependence funding for IDEA increases the Federal share

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.022 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1569 of special education services to its highest board’s reports, show exactly how funds are Department of Energy to issue grants for de- level ever and brings much needed relief to spent and will list announcements of contract veloping electric power transmission systems, school systems. H.R. 1 also provides $15.6 and grant competitions and awards. including upgrading and reconductoring billion for Pell grants, and it is estimated that Mr. Speaker, it is important to understand projects. This provision would allow for the de- Rhode Island will receive $97.5 million in aid that this funding is not a silver bullet, but that velopment of a smart transmission and dis- for 28,217 recipients for an average award for our economy will continue to decline without tribution grid, which would include support for the academic year 2009–10 of $3,456. Invest- this immediate action. The Recovery package technologies such as underground super- ing in our children’s education not only has will slow our downward economic trend and conductor transmission cables that can in- long-term benefits to our economy, but it also allow us to regain our footing as we begin to crease the efficiency of our grid and facilitate delivers on our nation’s promise to ensure that make much-needed long term investments to the delivery of renewable power from the all individuals have an equal opportunity to transform our economy for the 21st Century. heartland of our country to the hearts of our succeed. American prosperity depends on individual cities. Investments in American health care also economic security. It is only when Americans The bill provides $19 billion for a new health represent a vital component of our nation’s do not have to worry about losing their job, IT infrastructure to improve care, lower costs economic recovery and long term fiscal sus- keeping their home or paying their bills that and reduce medical errors. I am pleased that tainability. This package contains several pro- our economy will truly flourish. I am committed the conference report includes patient privacy visions that will stimulate job growth and im- to improving the economic outlook for the mil- safeguards that I have long advocated, includ- prove health care quality and efficiency lions who are struggling, and I will continue ing a provision that I offered at the Energy and through $10 billion investments in biomedical working with my colleagues in Congress on Commerce Committee markup to ensure that research and $19 billion for the further devel- this vital and urgent goal. patients’ medical records are made opment and implementation of health informa- Mr. MARKEY of Massachusetts. Mr. Speak- unreadable to unauthorized individuals. tion technology. er, today we’re responding with determination This balanced, well-thought out package This bill bolsters crucial safety net programs and bold action to combat the most severe provides tax relief for 95% of Americans and that provide invaluable health and social serv- economic crisis our country has faced since targets investments in key areas to turn ices to our nation’s low-income and disabled the Great Depression. around the American economy. I urge my col- citizens with the inclusion of $87 billion in en- For years, as hardworking American families leagues to vote in favor of H.R. 1, the Amer- hanced funding for state Medicaid programs struggled to make ends meet and the econ- ican Recovery and Reinvestment Act of 2009. that have been stretched to the breaking point omy shed millions of jobs, Republicans told us Mr. HERGER. Mr. Speaker, all across the under increased unemployment and sky- not to worry—we are in the midst of a ‘‘jobless country, Americans are hurting. I held three rocketing health costs. This package also in- recovery’’, they said. But ‘‘jobless recovery’’ is telephone town halls this week and I heard cludes a provision to assist recently unem- an oxymoron, a contradiction in terms, like firsthand how difficult things are for people. ployed individuals and their families by helping jumbo shrimp or Salt Lake City nightlife—it These are people willing to work; people look- them maintain their health coverage through a just doesn’t exist! ing to keep their small business afloat; people 65% subsidy for health insurance premiums The failed ‘‘laissez-faire’’ approach of the looking to feed their families. But they are not under COBRA for up to nine months. past 8 years has now been discredited by ris- looking for a handout and they know that we One of the greatest challenges we face with ing unemployment, loss of confidence in our fi- can not spend and borrow our way back to this effort is ensuring that we do not repeat nancial markets and the economic hardships prosperity. the mistakes of the past. This bill makes great suffered by families across the country. Unfortunately, Congressional Democrats strides by investing in the transformation of For millions of Americans, ‘‘laissez-faire’’ is have chosen to use this bill to achieve an our national energy policy, which will lead to just a fancy name for ‘‘left behind.’’ eight year long wish list. How does billions of greater technological advancements in renew- With this economic recovery package, we dollars for ACORN help a small business able technologies, job creation, and energy are taking the bold action that is needed by owner keep people employed? How will fund- independence. Now is the time to make the creating or saving 3-and-a-half million jobs, re- ing for the NEA grow our economy? commitment to our children and our grand- building America, making us more globally Instead of making health care more afford- children that we will leave a safer, cleaner, competitive and energy independent, and able, they are pushing policies that will quietly and healthier environment than we have now. transforming our economy. set the stage for government takeover of As a co-founder of the Sustainable Energy While our country is facing enormous chal- health care, resulting in bureaucrats making and Environment Coalition, I fought for several lenges, we also have a once-in-a-generation decisions for patients and doctors. provisions in H.R. 1 that promote energy effi- opportunity to create millions of new jobs, in- Congressional Democrats wrote much of ciency and renewable energy production and vest in vital priorities and position our econ- this bill secretly, negotiated it behind closed development, including tax provisions for fami- omy for future growth. Today we are seizing doors, and released late last night, giving only lies and businesses, in addition to funding that this historic opportunity and setting our country a few hours to review it. And the reason that will drive the creation of new, ‘‘green-collar’’ on a new direction. they are trying to ram this bill through is sim- jobs. More importantly than tax incentives This urgently-needed economic recovery ple—it won’t stimulate our economy. alone, this measure sets forth a long-term en- package funds infrastructure projects that are That’s why we should scrap this bill and ergy policy that puts our nation on the path to- ‘‘shovel-ready’’, while also supporting future- pass the alternative measure proposed by wards energy independence. oriented projects that are ‘‘circuit-ready’’: House Republicans, one based on fast-acting Individuals and families will also receive re- broadband, electronic medical records, smart tax relief for working families and small busi- lief through the ‘‘Making work pay’’ tax credit, grid, advanced battery technologies and other nesses. We need a bill that will get to the which will provide up to $400 for an individual vital priorities. heart of the matter and put our economy back or $800 for married couples filing jointly. Par- The massive investments in weatherization, on its feet. ents will also benefit from an increase in the state energy efficiency grants, and federal Mr. KANJORSKI. Mr. Speaker, I rise today earned income tax credit for families with building efficiency are some of the safest and to offer my thoughts about H.R. 1, the Amer- three or more children and the bill allows addi- smartest investments our country can make ican Recovery and Reinvestment Act. tional low-income families to receive the child right now. They put money into the pockets of While the final recovery bill is not perfect, tax credit. The measure will also provide a tax American workers and pay for themselves in nor does it address all my concerns, I strongly credit up to $8,000 for first time home buyers the form of energy savings and lower energy believe that we must take quick action to help if they purchase a home between January 1st, prices. This energy efficiency ‘‘double divi- Americans who are struggling and help spur 2009 and December 31st, 2009, injecting a dend’’ is a proven, reliable phenomenon that job creation. We are in a time of crisis, and much needed financial incentive into the hous- our current weak economy must capitalize. doing nothing is not an option. I agree with ing market. In addition, I am pleased that the con- President Obama—time is of the essence, and I also urge my colleagues to join me in my ference report will provide $6 billion in new we must act quickly to pass a recovery pack- support for H.R. 1 because it includes unprec- loan guarantees for renewable projects such age. Though no bill is perfect, I have rec- edented accountability and strong oversight by as solar and wind and for upgrading our na- onciled my problems with the initial bill for the creating the Recovery Act Accountability and tion’s transmission system to a smarter elec- sake of helping Americans and the economy. Transparency Board, which will coordinate and tricity grid. Section 1705 of the bill supports a Just last week, the U.S. Department of conduct oversight of federal spending under program authorized in the 2007 Energy Inde- Labor announced recent increases in the num- the bill. A public website will also contain the pendence and Security Act that permits the ber of unemployed Americans. These statistics

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.026 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1570 CONGRESSIONAL RECORD — HOUSE February 13, 2009 were incredibly troubling. Sadly, they showed stand it. I am a firm believer in that we must Doctors today urgently need better evi- a twenty-six year high in unemployment filings. determine the problem before addressing the dence to improve the quality of health care Additionally, part of my own Congressional possible solutions. We must effectively com- that patients receive. Some estimates indicate that less than half of all therapies pa- District in Northeastern Pennsylvania, faces a municate to the public the full extent of the tients receive are actually supported by firm 7.7 percent unemployment rate, higher than problems we face so that they also under- evidence of effectiveness. the state and national averages. Clearly the stand why we are taking such action. There is widespread agreement on the need increase in the number of people unemployed I applaud President Obama for his deter- for better information on the comparative in the country and in Northeastern Pennsyl- mination and willingness to jump on such a effectiveness of different interventions for vania reflects the need for the federal govern- daunting project in his first month in office. health conditions. In an October 2008 joint ment to immediately provide greater assist- While this is not a final solution to our eco- editorial, Newt Gingrich, JOHN KERRY and ance to those out of work and struggling. nomic problems, as we will likely need another Billy Beane said that ‘‘a health care system While I wanted the recovery bill to focus recovery package in the future, it is an impor- that is driven by robust comparative clinical evidence will save lives and money.’’ more on job creation through infrastructure in tant step forward. Fixing our economy will not Some of the oldest and most important the short term, which was the original focus of happen overnight, but I have faith that we will studies in medicine have been comparative the bill, it does address these issues to an ex- emerge from these tough times stronger than effectiveness studies. For example, the Dia- tent. The bill is estimated to create or save 3.5 ever. betes Control and Complications Trial revo- million jobs throughout the country, including Mr. MORAN of Kansas. Mr. Speaker, there lutionized the treatment of patients with 143,000 jobs in Pennsylvania and 7,700 jobs is not a person in this country that is sheltered type 1 diabetes. This landmark trial found in my Congressional District. The bill includes from the economic challenges we face. I that aggressive use of insulin to control $64 billion for infrastructure development that agree steps should be taken to stabilize the blood sugar was clearly better than standard care in preventing damage to the eyes, kid- is estimated to create or sustain 1.8 million economy and get people to work. However, I neys, and nerves of patients with diabetes. jobs nationally and generate $322 billion of feel that the plan presented today is not the But more must be done. In December 2008, economic activity. Additionally, to help individ- right one to boost our beleaguered financial the Institute of Medicine called for further uals get back to work in good jobs, almost $4 condition. comparative effectiveness efforts, stating billion is allocated for job training programs. Spending vast amounts of borrowed money that ‘‘this type of research would provide in- I also previously expressed the need for the does not work in our households and it does formation that patients and physicians need recovery package to focus on helping those not work in government. These habits are to make choices that offer them the greatest who are out of work or retired. While many what brought us to this current situation. Indi- value, as they define it.’’ The National Insti- people are struggling, we must help those tutes of Health (NIH) and the Agency for viduals, businesses, and especially govern- Healthcare Research and Quality (AHRQ) without jobs feed their families immediately. ment have simply borrowed too much. Living both have planned to expand their research Though I encourage a larger focus on this for beyond our means has consequences. We efforts, but these expansions have proceeded future legislation, this bill extends unemploy- cannot borrow our way out into prosperity. slowly due to a lack of funding. ment insurance through December 2009 and it More importantly, we cannot spend our chil- An investment in this research infrastruc- increases benefit payments by $25 per week, dren’s future. It will not work economically and ture will provide doctors and patients with so that jobless workers will now receive $325 it is wrong morally. critically important information. Arming per week in tax-free benefits. It also includes Bundling a large collection of spending physicians with the best available evidence a one time $250 payment to retirees, disabled about treatment alternatives and their ef- projects and calling it a stimulus does not fects in different patient populations will individuals, and for Supplemental Security In- make it stimulative. The purpose of the stim- help doctors and patients make better come to help more people without jobs. ulus should be to spend a dollar in a way that choices. Finally, I had strongly advocated for the in- will create greater than a dollar’s worth of eco- SUMMARY OF PROVISIONS clusion of a General Revenue Sharing pro- nomic benefits. Spending a dollar in certain gram through an amendment to the recovery The conference agreement provides $1.1 bil- ways that have stimulating effects or reducing lion for comparative effectiveness research package that would provide localities with a tax burdens on workers and small businesses with $300 million to be administered by needed source of revenue for undertaking job- is what we need to be doing. AHRQ, $400 million to be administered by creating infrastructure projects and maintaining I will again vote ‘‘no.’’ I do so as a taxpayer, NIH, and $400 million to be allocated at the public safety networks. This would be critical a father and a public official entrusted to do discretion of the Secretary of Health and to helping localities across the country that are the best he can for his fellow Kansans. Polit- Human Services. These funds are to be used facing significant funding shortfalls as a result ical posturing has no place in this debate. We to accelerate the development and dissemination of comparative effectiveness research. of the ongoing economic downturn. While I need to get the country moving. Unfortunately, was disappointed that this amendment was The agreement ensures that the use of these this is the wrong plan that will add billions of research dollars will be consistent with gov- not included in the legislation, I applaud provi- dollars of frivolous spending to our national ernmental policies relating to the inclusion sions in the current bill that will improve state debt without stimulating our economy. of women and minorities in research. and local government bonds, allowing states Mr. STARK. Mr. Speaker, in the past few The conference agreement also establishes and localities to afford needed infrastructure weeks there has been a concerted media a Federal Coordinating Council for Compara- projects. The recovery package also creates a campaign to spread misinformation about the tive Effectiveness Research. The purpose of competitive grant program exclusively for state Comparative Effectiveness Research (CER) the Council is to reduce duplication and coordinate these research activities within the and local surface transportation projects. Addi- provisions in H.R.1. tionally, I will introduce a stand alone General federal government. Because its purpose is To set the record straight, I submit for the the coordination of federal research efforts, Revenue Sharing bill in the near future. RECORD the following summary of the com- the Council is made up of representatives of My strongest objection to the initial recovery parative effectiveness research provisions and a variety of experts from within the federal package dealt with the fact that many Mem- a list of organizations that have written us in agencies. The conference agreement clearly bers, both Democrats and Republicans, were support. states that the Council cannot mandate cov- not involved in the discussions on the bill. As This investment is an important first step in erage, reimbursement, or other policies for I have continued to say, open door policies re- efforts to develop a robust CER program in any public or private payer. garding Congress’ legislation are essential. All this Congress. In the near future, I will intro- SUPPORTERS FOR THESE PROVISIONS Members of Congress must have a voice and duce a comprehensive CER proposal, based Widespread Support for Provisions on Com- the opportunity to debate bills, especially the on the provisions that previously passed the parative Effectiveness Research. Experts, recovery package which is the most significant House in the CHAMP Act, H.R. 3162, in the physicians, legislators, and advocates from and certainly the most expensive undertaking across the political spectrum supported pro- 110th Congress. visions in the stimulus package for compara- in our nation’s history. I voiced my concerns to AMERICAN RECOVERY AND REINVESTMENT ACT House leadership, and they were noted. I tive effectiveness research because this re- OF 2009 (ARRA) search is crucial. hope these actions will be changed in the fu- PROVISIONS ON COMPARATIVE EFFECTIVENESS ture. ‘‘The current limited availability of valid RESEARCH data to supplement the physician’s clinical Additionally, the public must have an in- The conference agreement on H.R. 1 in- experience and professional knowledge . . . formed voice as well. In order to let the Amer- cludes provisions to promote and expand re- makes it difficult to ensure that an effective ican public truly understand the need for the search that compares the effectiveness of al- treatment choice is made.’’—Letter to Con- recovery bill, and other legislation going for- ternative treatments or strategies for a med- gress from the American College of Physi- ward, we need to allow them to fully under- ical condition. cians, January 29, 2009

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.046 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1571 ‘‘Opponents—like some drug companies Just how much is this bill going to cost? should simply make them spend the money and medical device makers—don’t want this How much is a trillion dollars? One way to they already have. Also, troubling is the fact research. They fear it will cut the profits look at it is that it amounts to deficit spending that this bill opens up the federal Treasury cof- they make on ineffective drugs and equipment. But they won’t tell you that this re- of over $7,000 for every family in America. fers to groups like ACORN—a group charged search could save your life by giving your Looked at another way, this is enough money with voter fraud. doctors better information so they can pre- to pay for four years of college tuition to a pri- Do the provisions relating to the creation of scribe the best treatments available to vate college for every senior graduating from Federal Coordinating Council in health care you.’’—AARP CEO Bill Novelli, February 10, high school this year and next and still have research move us in the direction of a national 2009 nearly $150 billion left over. health board that would encourage federal ‘‘Independent, objective comparative effec- The non-partisan Congressional Budget Of- policies that determine what medical services tiveness research (CER) is urgently needed fice (CBO) projected a few weeks ago that the Americans can and cannot have? What does to improve health care quality and patient federal government will have a $1.2 trillion outcomes by ensuring consumers always re- that have to do with stimulating the economy? ceive the best care.’’—Letter to Congress, deficit this year. This amounts to 8.3 percent How many tens of billions of dollars more will signed by the Alliance for Better Health of the Gross Domestic Product (GDP), which the welfare law changes end up costing the Care, (a broad coalition of over 30 organiza- is far higher than the previous record of 5.9 taxpayers down the road? What will be the tions representing consumers, employers, percent set in 1934 at the height of the Great long-term unforeseen costs associated with health care providers, health plans, phar- Depression. In 2009, one out of every three this bill due to the unprecedented deficit macists, researchers, unions, pharmaceutical dollars that the federal government will spend spending. Over the coming weeks as the benefit managers, and others), February 11, will be borrowed and our grandchildren will be 2009 American people have more time to read this stuck with the bill. Now, the bill before us—ne- ‘‘We are concerned that some believe that bill we will learn more about the provisions comparative effectiveness could lead to the gotiated by Speaker PELOSI, Senate Democrat and intentions of this bill? Sadly, the bill has rationing of health care. This is simply not Leader REID and President Obama—will add been rushed to the floor without giving the true. The bill would fund independent, objec- another $1.1 trillion to this debt. No country Congress or the American people a chance to tive, comparative effectiveness research that has ever borrowed and spent its way into know what is in it. would greatly benefit providers and patients prosperity, which is what this bill proposes to Let me also say that I appreciate all of the in making informed health care decisions.’’— do. Adding further to this deficit as this bill Letter to Congress signed by AARP, AFL- talk about the need to work together in a bi- does is unthinkable. partisan fashion. While I was pleased that sev- CIO, American College of Physicians, Amer- The non-partisan CBO released an analysis ica’s Health Insurance Plans, Blue Cross eral Republican amendments were adopted Blue Shield Association, Families USA, Na- earlier this week finding that the bill may pro- when portions of this bill were considered in tional Business Group on Health, National vide a small increase in the nation’s economy several Congressional Committees last month, Partnership for Women and Families and in the first few years, but then this bill will drag I was deeply disappointed that most of these joined by Consumers Union, February 12, 2009 the economy down for the better part of the amendments disappeared from the bill be- ‘‘Strong federal support for comparative decade. tween the time it was passed in committee effectiveness research is vital to both public Less than 20 percent of the cost of this bill and when it came to the House floor for a and private efforts to improve health care is associated with tax relief. There is virtually quality for patients and to give physicians vote. Bipartisanship is supposed to be a two- nothing in this bill to stimulate small busi- way street, not simply a demand to show bi- and other health care providers the inde- nesses—the driving force in creating jobs in pendent, objective information they need to partisanship by accepting the Speaker’s bill. America. Furthermore, the signature item of identify the best treatments options for The only hand of bipartisanship that has the bill—working American tax cut—was the their patients.’’—Letter to Congress from been extended to Republicans in the House first tax cut put on the chopping block. The the National Business Group on Health, Feb- has been two opportunities to vote for a bill ruary 11, 2009. final bill will allow the average worker to keep that we were given no hand in writing. Is that an additional 20 cents an hour ($1.60 per the type of bipartisanship that the American LIST OF ORGANIZATIONS SUPPORTING COM- day). PARATIVE FFECTIVENESS ESEARCH IN people want and expect? I thought bipartisan- E R H.R. This bill also classifies as a tax cut billions 1 ship meant working together, having an open of dollars in payments to those who do not Aetna, Academy of Managed Care Phar- deliberative legislative process and combining pay federal income taxes. I thought a tax cut macy, AFL-CIO, Alliance of Community ideas. That simply was not permitted by the was a reduction in someone’s taxes not simply Health Plans, Alliance for Better Healthcare, liberal majority. AARP, American College of Physicians, a check from the government. America’s Health Insurance Plans, American With regard to infrastructure spending, If we really want to stimulate the economy, Pharmacists Association, American Acad- which is what we were all promised would be we should focus on what actually creates emy of Family Physicians, American Soci- the focus at the outset of this process, only 17 jobs—small businesses. Small businesses cre- ety of Health-System Pharmacists, Blue percent of the funding in the bill is for infra- ate 70 percent of the new jobs in America. Cross Blue Shield Association, Blue Shield of structure. Less than one of every five dollars Unfortunately, this bill does virtually nothing to California, Coalition for Health Services Re- will go to job-creating stimulus programs. help small businesses. search, Consumers Union, and CVS I have voted for and will continue to advo- Caremark. Rather than focus on job-creating stimulus DiamlerChrysler Corporation, Families and tax relief for small businesses that create cate for an alternative that would produce USA, Ford Motor Company, General Motors new jobs, the final bill written by liberals in the many more jobs for half the cost. The bill that Company, Group Health Cooperative, Honey- Congress focuses on permanently expanding I voted for lowers the 10 percent tax rate to 5 well, Kaiser Permanente, Marshfield Clinic, unaffordable entitlement programs and cre- percent, and the 15 percent tax rate to 10 per- Medco Health Solutions, National Business ating new federal programs under the guise of cent. This would give all taxpaying Americans Group on Health, National Partnership for a tax cut. It leaves money in their pockets that Women and Families, Pharmaceutical Care ‘‘stimulating the economy.’’ The bill creates 33 Management Association, Prime Thera- new federal programs at a cost of $90 billion. they can use to meet their own family ex- peutics, Service Employees International It also expands 73 existing federal programs penses. We provide small business tax relief, Union, The Dow Chemical Company, The at a cost of $92 billion. There will be tremen- including a provision allowing small busi- Joint Commission, UnitedHealth Group, and dous pressures in future years to continue nesses to write off up to $250,000 in capital Wellpoint, Inc. funding these $182 billion in new programs at expenditures. We extend unemployment bene- Mr. POSEY. Mr. Speaker, we have before these new higher levels. The bill also spends fits through 2009 and we exempt these pay- us the largest spending bill in the history of $123 billion for one-time infusion of spending ments from income taxes. We also include the Congress. The price tag on this bill is for 98 existing programs. other job-creating provisions and we do so $800 billion—over $1.1 trillion when you add This bill includes billions of dollars for the without raising anyone’s taxes. I have also co- in the interest needed to fund it. Sadly, this Public Housing Capital Fund. Yet, this fund al- sponsored legislation that would reduce the 28 1200-page bill was completed just a few hours ready has an unspent balance of $7 billion. percent tax rate to 23 percent. This will cut ago in the darkness of night. No one knows Also included is $1 billion for Community De- taxes for individual and job-creating small what is in the bill. No one has read it. This bill velopment Block Grant program, yet this pro- businesses. is being rushed to the House floor and to the gram currently has $23 billion in unspent Lower taxes, not higher borrowing, spend- President before Members of Congress or the funds. Why is the Congress adding spending ing, and debt, will put our economy back on American people have an opportunity to even to these cash rich accounts? If they were seri- track. I urge my colleagues to vote for lower know what is in it. ous about stimulating the economy, Congress taxes and against higher spending and debt.

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.049 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1572 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Mr. HOLT. Mr. Speaker, I rise today in sup- in demand for many years, once the economy ing costs to our prosperity. But we know that port of the American Recovery and Reinvest- gets going again and as we make the transi- science will be the foundation of our nation’s ment Act of 2009 (H.R. 1). We are told that tion to a sustainable energy system; as we future economic vitality. In his inaugural ad- America is in the midst of the worst economic must and as we surely will. The American Re- dress, President Obama said, ‘‘We will restore storm since the Great Depression. Millions of covery and Reinvestment Act would provide science to its rightful place.’’ That place is at people are hurting across the United States $30 billion to transform the nation’s energy the very heart of our nation’s progress. The and in my home state of New Jersey, New transmission, distribution, and production sys- American Recovery and Reinvestment Act ac- Jersey’s unemployment rate has risen to 7.1 tem so they can handle decentralized renew- knowledges this fact and provides an impor- percent from 4.2 percent just a year ago. Our able energy sources. This legislation includes tant first step toward the sustained investment nation’s economy is in recession, and we must more than $23.2 billion in incentives to pro- that will prevent the need for future recovery respond with every tool in our toolbox to put mote renewable energy, help low and middle packages. Americans back to work and rebuild our strug- income Americans weatherize their homes, As American workers lose their jobs, more gling economy. Economists have predicted and decrease energy consumption by the fed- and more face losing their health insurance that the unemployment rate may exceed 12 eral government. It will also provide $20 billion coverage as well. Job losses have caused percent this year. in tax incentives such as the renewable en- Medicaid and SCHIP rolls rise by 1.0 million, What to do? We could let the free market ergy production tax credit, the advanced en- further straining state budgets already continue to spiral downward or we could pass ergy manufacturing tax credit, and the con- stretched thin due to lower tax revenues. This a bill with a smaller price tag, ignoring the les- sumer energy-efficiency tax credits. bill would increase temporarily the federal gov- sons learned from Congress’s previous at- Responding to the nation’s rising unemploy- ernment’s contribution to Medicaid, giving New tempt at stimulating the economy through re- ment rate, this bill would devote $4 billion to Jersey an additional $2 billion. For workers bate sent out in spring of 2008, last year’s so- job training programs and would extend unem- able to continue their health coverage through called check in the mail. The time has come ployment benefits through December 31, COBRA, the bill would subsidize COBRA pre- for a bold, national response. Economists, 2009, increasing benefits by $25 per week for miums by 65 percent for nine months. This business leaders, financial experts, almost ev- individuals looking for work. two-prong approach will provide health care eryone says that the federal government—and The current economic downturn has forced for millions of newly unemployed workers and only the federal government—can inject into painful cuts in services. The American Recov- their families. the economy a stimulus of sufficient size to ery and Reinvestment Plan would make sound In addition to helping families maintain their make up for the frozen, collapsing economy. investments in public education. This legisla- health insurance coverage, this bill seeks to The package we are considering today has tion would provide $13 billion to help dis- improve health care quality and its value. This the potential to create 3.5 million much need- advantaged students reach high academic bill would promote Health Information Tech- ed new jobs in the short term. standards and $12 billion for special edu- nology systems, which could help reduce The American Recovery and Reinvestment cation. While the bill includes a $54 billion medical errors while lowering administrative Act, is designed to help the United States state stabilization fund to prevent teacher lay- costs by accelerating their adoption and usage climb out of the current recession through tar- offs and cutbacks in education, I regret that it among doctors and hospitals. This bill pro- geted, job-creating spending, responsible inno longer contains the $20 billion provided in vides additional funding for prevention, which vestments in the nation’s social safety net to the House version to help states rebuild our improves health at a good value by treating help Americans weather the difficult months nation’s crumbling schools. Still, there is much problems at the earliest stage before they be- ahead, and tax cuts for 95 percent of Ameri- here to cheer for our local school boards and come costly health care crises. Finally, this bill cans. Importantly, this bill includes critical in- the taxpayers who support the schools includes $1.1 billion for medical research to vestments in research and development, through our property taxes. These school improve the value of health care spending by which lay the ground work for innovation and bonds can be used for construction. identifying the most effective treatments for sustainable, long-term economic growth. The Additionally, to ensure that families can given health conditions, political process to this point has been tor- send their children to college, this bill would The American Recovery and Reinvestment turous. However, the President, the Speaker, increase the maximum Pell Grant by $500, to Act would address the struggling economy by and the Committee chairs have produced $5,350 and would help 4 million more students putting money back in the pockets of Amer- promptly what the President has called for and attend college with a new $2,500 college tui- ican families, workers, students and busi- what the country needs. Agreed, not all parts tion tax credit for families. nesses through $276.5 billion worth of tax of the bill are going to be equally stimulative. What pleases me most is the commitment in cuts. Ninety-five percent of working Americans But we want a broad approach; we want our this legislation to science. I am deeply gratified would receive a tax cut through a refundable stimulative eggs in various baskets, This Act is that this bill reflects a profound commitment to tax credit of up to $400 per worker that will be huge and hugely important. renewing our nation’s innovation infrastructure. quickly distributed by reducing tax withholding The American Recovery and Reinvestment Research not merely luxury to be undertaken from workers’ paychecks. It would prevent 26 Act would help to put our economy on the only in times of economic prosperity. The truth million Americans from getting hit by the Alter- right track by quickly creating up to 3.5 million is that scientific research is perhaps the most native Minimum Tax and lower the taxes of new jobs for Americans suffering during this powerful economic engine, creating jobs in the more than 16 million families by increasing the depression. Some of these jobs, more than short-term and building our economy for the child tax credit and expanding the earned in- 1.2 million, would be created in the construc- long-term. come tax credit. tion industry through a strong investment in All together, the recovery package includes This bill includes a number of provisions improving our nation’s transportation and nearly $23 billion to support scientific research that would help businesses create new jobs in water infrastructure. The Act will inject $29 bil- and facilities, including $3 billion for the Na- this difficult economy. It would allow busi- lion to repair our nation’s crumbling roads and tional Science Foundation, $2 billion for the nesses to improve cash flow by allowing busi- bridges, including funding for ready-to-go road Department of Energy’s Office of Science, and nesses to write off 90 percent of losses in- and bridge modernization projects in my home $10 billion for the National Institutes of Health. curred in 2008 and 2009 against taxes as- state of New Jersey. This investment would There is no doubt that these funds will create sessed over the previous five years. In addi- create 835,000 jobs in the next two years. Ad- jobs. Lab technicians will be hired to carry out tion, it would help businesses expand by ex- ditionally, this bill would invest $16.4 billion in projects that previously went unfunded. Elec- tending the increased bonus depreciation for public transportation, helping transit agencies tricians will be put to work wiring new labora- businesses making investments in new plants such as NJ Transit that are struggling to meet tory work. And construction workers will begin and equipment in 2009. Finally, this legislation increased demand and $18 billion for clean refurbishing our neglected laboratories and would double the amount of money busi- water, environmental restoration, and flood building the facilities that will transform nesses can deduct on their taxes for capital control projects creating another 375,000 jobs. science for the twenty-first century. investments and new equipment. H.R. 1 would invest in additional projects Of course, the ideal project is one that Through this comprehensive approach, we that my Central New Jersey constituents refer keeps on giving, and that is exactly what sci- can begin to put the American economy back to as ‘‘green stimulus.’’ These investments entific research does. The innovation and dis- on the right track. We must approve the Amer- would create good American jobs that cannot coveries that come from research form the ican Recovery and Reinvestment Act, and I be outsourced, while reducing our reliance on roots from which our economy grows and urge my colleagues to support this legislation. fossil fuels and protecting our environment. prospers. For too long, we have underinvested Mr. BACHUS. Mr. Speaker, we all recognize These jobs will be the kind of jobs that will be in science, and we will never know the result- the need to get the people of our country back

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.051 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1573 to work. Americans are hurting and they are total of 3.6 million jobs—and continuing job timates that this provision would help 7 million looking to Washington for leadership. losses in the next few months are predicted. people maintain their health insurance by pro- Borrowing and spending got us into this The national unemployment rate is at 7.6 per- viding a vital bridge for workers who have problem, and more borrowing and spending cent, with the great state of Texas seeing an been forced out of their jobs in this recession. will not solve it. Presidents Kennedy and unemployment rate of 6.0 percent and my dis- (Estimated cost $24.7 billion.) Reagan cut taxes across-the-board, allowing trict of Houston fairing only slightly better at Medicare Payments for Teaching Hospitals. families and small businesses to decide how approximately 6 percent. Right now, those un- The bill blocks a FY09 Medicare payment re- to spend their money, instead of government. employed, which represent over 1 million Tex- duction to teaching hospitals related to capital President Carter used this spending approach, ans, await with bated breath to see our pledge payments for indirect medical education (IME). and it didn’t work. to enact change. That change is in the form of (Estimated cost $191 million.) This bill will cost every American household this stimulus measure. Medicare Payments to Hospice. The bill at least $7,000. Some constituents have told ‘‘The harvest is past, the summer is ended, blocks FY09 Medicare payment cut to Hospice me, ‘‘I might get a thousand dollars back.’’ and we are not saved’’ as is stated in Jere- providers related to a wage index payment However, creating $7,000 in debt for $1,000 miah in the Bible. The summer has indeed add-on. (Estimated cost $134 million.) now is a bad deal at best. ended. This stimulus provides a piece of Medicare, Medicaid and SCHIP Payments This is twice as big as the New Deal, and America’s salvation. Spring is on the horizon to Long Term Care Hospitals. The bill makes that was over ten years. This is one bill. Every and today we will have a stimulus! technical corrections related to Medicare pay- dollar in this bill is borrowed, adding more Our schoolhouses are badly in need of re- ments for long-term care hospitals. (Estimated than a trillion dollars to our national debt at a pair and modernization in order for our stu- cost $13 million.) time when we are already overloaded with the dents to participate in, and be competitive in Temporary Federal Medical Assistance Per- financial bailout and our long-term Social Se- the global marketplace. Indeed in Texas the centage Increase. The bill increases FMAP curity and Medicare obligations. This spending number of persons who have obtained grad- funding for a 27-month period with an across- will ultimately be paid by our children and uate education trails the national average by the-board increase to all states of 6.2 percent. grandchildren, and that is generational theft. one whole percentage point. It is critical that (Estimated cost $86.6 billion.) I desperately wanted to support a bipartisan Temporary Increase in Disproportionate we encourage our students to attend graduate bill that will help put Americans back to work. Share Hospital (DSH) Payments. (Estimated programs in important subjects such as math- But this bill has turned into a grab-bag that will cost $460 million.) ematics, engineering, law, medicine, the build- not stimulate anything but government. Extension of Moratoria on Medicaid Regula- ing trades, and foreign languages. There’s $2 billion in this bill for a wasteful pro- tions. The bill extends moratoria on Medicaid The education provisions in this legislation regulations for targeted case management, foreclosure program, rewarding partisan action are all about preparing our nation’s children groups like ACORN. In the meantime, my gov- provider taxes, and school-based administra- for the future. Our students in Houston are not ernor, Bob Riley, told me yesterday that health tion and transportation services through June competing with just students in Abilene, San and education programs in small states like 30, 2009. (Estimated cost $105 million.) Antonio, Houston and Grand Prairie; the com- Alabama are being shortchanged by billions. Extension of Transitional Medical Assistance petition is global which is why H.R. 1 must not The American people deserve better. (TMA). The bill extends TMA to December 31, The federal government has never been be delayed! 2010. (Estimated cost $1.3 billion.) Our healthcare system needs to be up- able to borrow and spend our way to pros- Extension of the Qualified Individual Pro- graded to allow for more Americans to receive perity. The strength of our country is the inno- gram. The bill extends the QIP, which assists coverage without going bankrupt. Our work- vation and ingenuity of our people—not our certain low-income individuals with Medicare government. When we put capital in their force needs to be retooled to keep up with in- Part B premiums, through December 31, hands, they put it to use, supporting their fami- novative and new technologies; and our trans- 2010. (Estimated cost $550 million.) lies, building their businesses, and creating portation systems need to be expanded. Protections for American Indian Health jobs. That is what has always kept our econ- These are only a fraction of the many needs Care. (Estimated cost $134 million.) omy going through good times and bad. And our nation is facing today. Prompt Payment Requirements for Nursing I am proud to say that Congress heard the I am confident we will be seeing good times Facilities and Hospitals. The temporarily pro- again—most likely before much of this trillion call of not only Main Street, but of mothers, vides Medicaid prompt pay requirements to dollar bill is actually spent. and children, the working poor, the aged, and nursing facilities and hospitals. (Estimated cost The decisions we make today have long- the sick. We heard your cry for help and we $680 million.) term consequences. Today we are being have done our best to answer that call. Promoting the adoption and use of health rushed to make a trillion-dollar decision that This comprehensive legislation is designed information technology. This bill promotes the will affect every American taxpayer for dec- to save and create jobs, get our economy use of health information technology (health ades. moving again, and transform it for long-term IT), such as electronic health records, to pro- As a member of the Republican Economic growth and stability. The landmark legislation tect identifiable health information from misuse Working Group, led by Whip CANTOR, we have is the first dramatic new investment in the fu- and abuse as the health care sector increases offered a better plan to help struggling Ameri- ture since the creation of the interstate high- use of health IT. (Estimated savings to the cans immediately. Our alternative would cre- way system a half century ago. It will spend government more than $12 billion.) ate twice as many jobs at half the cost nearly $800 billion and would provide billions $1 billion for prevention and wellness pro- through across-the-board tax relief for working in job creation and stimulus in city of Houston, grams to fight preventable diseases and con- American families and small businesses. the State of Texas, and the entire country. ditions with evidence-based strategies. We must remember that government has no HEALTHCARE $10 billion to conduct biomedical research in money of its o to give away. It all comes from This legislation includes a number of provi- areas such as cancer, Alzheimer’s, heart dis- the taxpayer. sions that will help aid in the nation’s eco- ease and stem cells, and to improve NIH fa- Ms. JACKSON-LEE of Texas. Mr. Speaker, nomic recovery, provide badly needed protec- cilities. I rise with today with great expectations and tions for people losing health coverage when $1.1 billion to the Agency for Healthcare Re- hope for a brighter economic future. they lose employment, and provide temporary search and Quality, NIH and the HHS Office I rise in support of H.R. 1, the American Re- assistance to states to preserve critical Med- of the Secretary to evaluate the relative effec- covery and Reinvestment Act also known as icaid coverage for low income families. tiveness of different health care services and the ‘‘Economic Stimulus.’’ I want to especially Specifically, in Texas Medicaid recipients treatment options. thank our House and Senate conferees for will receive $5 million in assistance. Food EDUCATION coming together on one of the most important Stamp Assistance in Texas will increase by There are several key investments to edu- pieces of economic legislation of our time; $1,812 for each participant under the stimulus. cation at the early childhood/Head Start, K–12, Congressman OBEY, Congressman RANGEL, Other benefits include: and higher education levels. On February 2, Congressman WAXMAN, Congressman LEWIS, Premium Subsidies for COBRA Continuation 2009, I met with eleven school superintend- Congressman CAMP, Senator REID, Senator Coverage for Unemployed Workers. To help ents and university presidents in my district of INOUYE, Senator BAUCUS, Senator COCHRAN, people maintain coverage, the bill provides a Houston, Texas. I convened this meeting to and Senator GRASSLEY. 65 percent subsidy for COBRA continuation better understand the needs of the students, INTRODUCTION premiums for up to 9 months for workers and their families, and the schools administrators. Critical times call for critical measures. Over their families who have been involuntarily ter- Collectively, they arrived at five distinct prior- the last 13 months, our economy has lost a minated. The Joint Committee on Taxation es- ities: maintaining and increasing Pell Grant

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.029 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1574 CONGRESSIONAL RECORD — HOUSE February 13, 2009 monies in order to keep access to higher edu- the American people as being gainfully em- Chairman indicated that METRO would be cation affordable; retention of funding for ployed. able to receive the funds it needs under this school construction, modernization, and repair; The unemployment rate in Texas is 6.0 per- stimulus to complete its New Start transit retention of formula funding on school con- cent. The National average is at 7.6 percent. project in Houston, Texas. Such funding is struction; retention of the State Fiscal Sta- The agreement does much in the way of help- critical for the regional mobility of the citizens bilization Fund; and no decrease in the ing Americans put food on their tables while of the vast communities in and around the amount of funding for Head Start and Early reeling from the depressed economy and 18th Congressional District of Texas. Childhood. struggling to look for jobs. Cities around the country are struggling with My school superintendents and administra- Importantly, the agreement would continue a backlog of transportation projects and have tors were concerned about Section 1413 in to provide up to 33 weeks of extended unem- difficulty in securing federal, state, and local the Senate amendment which granted the ployment benefits through the end of the year, resources in light of the struggling economy. Secretary of Education the authority to waive as well as temporarily increase the amount of At the same time, we are facing growing un- the maintenance of effort and ‘‘supplement, both regular and extended unemployment employment, particularly in our cities. not supplant’’ requirements placed on Title I benefits by $25 a week. In addition, the legis- Houston has $1.5 billion in transit projects money. Since the purpose of Title I is to pro- lation would provide up to a total of $7 billion that could be under contract within 90 days of vide additional financial assistance to states to States modernizing their unemployment enactment of the legislation. Not only do we and school districts to meet the needs of edu- programs to provide improved coverage for need this infrastructure to relieve congestion cating economically disadvantaged children, low-wage, part-time and other workers. The and provide adequate public transportation, allowing the waiver of these requirements measure would provide temporary emergency but an investment in Houston’s New Start would have undermined the fundamental pur- funds for States with rising caseloads in their Transit Project means jobs for our constituents pose of this funding. Temporary Assistance for Needy Families pro- through the transportation sector in our com- In promoting this economic stimulus, Presi- gram, and temporarily restore child support munities and around the nation. dent Obama indicated that the government’s funding reduced in 2006. Finally, this section Other salient provisions of the bill include investments must not only create jobs in the of the bill would provide a one-time payment the following: short-term but must spur economic growth and of $250 to recipients of Social Security, Sup- Modernize Roads, Bridges, Transit and Wa- competitiveness in the long-term. Investments plemental Security Income, Railroad Retire- terways: To build a 21st century economy, we in education can accomplish both ends. In fis- ment benefits, VA disability and pension bene- must create jobs rebuilding our crumbling cal year 2008, states spent over $424 billion fits, as well as to certain local, State and Fed- roads and bridges, modernizing public build- on elementary, secondary, and higher edu- eral government retirees. ings, and putting people to work cleaning up cation. Elementary, secondary, and higher TRANSPORTATION AND INFRASTRUCTURE IMPROVEMENTS our air, water and land. education represent nearly 40 percent of total The United States is facing its deepest re- state spending and comprise the first, second, cession and economic crisis since the Great Prioritizing Clean Water/Flood Control/Environ- or third largest spending categories for almost Depression. Consequently, the goal of this mental Restoration all states. Federal investment in education is legislation is to strengthen the economy and Provides $18 billion for clean water, flood essential to creating a new and retooled work- invest in America’s future. control, and environmental restoration invest- force. The legislation is intended to create and ments, which will create more than 375,000 That is why I am pleased to see a heavy in- save jobs. Transportation and infrastructure jobs. vestment in education and workforce training development play a pivotal role in job creation. Experts note that $16 billion in water including: The bill provides $1 billion for Community projects could be quickly obligated. $53.6 billion for the State Fiscal Stabilization Development Block Grant programs for com- Fund, including $39.5 billion to local school munity and economic development projects in- Modernizing Public Infrastructure, Including To districts using existing funding formulas, which cluding housing and services for those hit hard Achieve Major Energy Cost Savings can be used for preventing cutbacks, pre- by tough economic times. Provides billions to modernize federal and venting layoffs, school modernization, or other I am pleased that the Compromise Agree- other public infrastructure with investments purposes; $5 billion to states as bonus grants ment that we are debating today retains sig- that lead to long-term energy cost savings, infor meeting key performance measures in nificant amounts of funding for transportation. cluding about $5 billion to make improvements education; and $8.8 billion to states for high Specifically, it contains $27.5 billion for high- in DOD facilities, including housing for our priority needs such as public safety and other way investments; $8.4 billion for investments troops and about $4.5 billion to make federal critical services, which may include education in public transportation and $9.3 billion for in- office buildings more energy-efficient in order and for modernization, renovation and repairs vestments in rail transportation, including Inter- to achieve long-term savings for taxpayers. of public school facilities and institutions of city Rail. higher education facilities. Indeed, this is good news for Houston. In INFRASTRUCTURAL IMPROVEMENTS $13 billion for Title 1 to help close the the previous version of the bill, there was lan- Modernizing Roads and Bridges achievement gap and enable disadvantaged guage that the Federal Transit Authority would students to reach their potential. give priority to transportation projects that Provides $29 billion for modernizing roads $12.2 billion for Special Education/IDEA to were ready to go, meaning that they would be and bridges, which will create 835,000 jobs. improve educational outcomes for disabled able to begin construction within 90 days of This investment creates jobs in the short term children. This level of funding will increase the enactment or those projects would lose the while saving commuters time and money in Federal share of special education services to money allowed under the stimulus. the long term. its highest level ever. I have been meeting with METRO since De- Requires states to obligate at least half of $15.6 billion to increase the maximum Pell cember 2008, and it has indicated that it can the highway/bridge funding within 120 days. Grant by $500. This aid will help 7 million stu- complete construction of the Northeast and States have over 6,100 projects totaling dents pursue postsecondary education. South RAIL lines. METRO has indicated that over $64 billion that could be under contract $3.95 billion for job training including State it only requires $183 million to complete this within 180 days. formula grants for adult, dislocated worker, rail line. I have worked to help METRO com- Improving Public Transit and Rail and youth programs (including $1.2 billion to plete its rail line for over 20 years. create up to 1 million summer jobs for youth). Houstonians need this infrastructure to re- Provides $8.4 billion for investments in tran- JOBS/WORKFORCE lieve congestion and provide adequate public sit and $8 billion for investment in high-speed As we dive more deeply into a hard hit re- transportation, and an investment means jobs rail. These investments will reduce traffic con- cession, it is important that this body take ag- for our constituents through the transportation gestion and our dependence on foreign oil. gressive action, along with President Obama, sector in our communities. Creating this critical Includes funds for new construction of com- to help right the ship. Our gross domestic infrastructure in Houston will allow muter and light rail, modernizing existing tran- product, (GDP) increased the United States Houstonians to work and will provide a tre- sit systems, and purchasing buses and equip- budget deficit by 1 percent upon passage of mendous boost to community development ment to needed to increase public transpor- the first stimulus measure in October. That is and mobility. tation and improve intermodal and transit fa- an astounding number when put into context. I have engaged Chairman OBERSTAR and cilities. In a healthy year , the U.S. economy grows by his staff on the funds that might be made States have 787 ready-to-go transit projects 3 percent. Nothing resonates as loudly with available to METRO. I was pleased that the totaling about $16 billion.

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.031 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1575 PUBLIC HOUSING capita income that is $1,500 dollars below the In many cases, funds are distributed to ex- Provides a total of $6.3 billion for increasing federal level. The extra boost that the child tax isting initiatives with proven track records and energy efficiency in federally-supported hous- credit provides is in many cases critical to with tough accountability measures already in ing programs. lower income families in my district. Any legis- place. Specifically, establishes a new program to lation that would help over 100,000 children in How funds are spent, all announcements of upgrade HUD-sponsored low-income housing Texas has got to be labeled a winner. Based contract and grant competitions and awards, (elderly, disabled, and Section 8) to increase on estimates from the center on budget and and formula grant allocations must be posted energy efficiency, including new insulation, policy priorities, there is a dollar-for-dollar re- on a special website created by the President. windows, and frames. duction in poverty levels. It must also include the names of agency per- Also invests in energy efficiency upgrades in OTHER PROVISIONS FOR WORKERS AND FAMILIES sonnel to contact with concerns about infra- public housing, including new windows, fur- The earned income tax credit provides a tax structure projects. naces, and insulation to improve living condi- incentive for families to continue working hard. Public notice of funding must include a de- tions for residents and lower the cost of oper- Because it is refundable, it helps the lower scription of the investment funded, the pur- ating these facilities. bracket taxpayer, often the ones most in need. pose, the total cost, and why recovery dollars ENERGY AND ENVIRONMENT The credit has also been modified to be more should be used. Governors, mayors, or others making funding decisions must personally cer- Tax Incentives to Spur Energy Savings and ‘‘family-friendly.’’ tify that the investment has been fully vetted Green Jobs The dreaded marriage-penalty has been modified substantially, thereby acknowledging and is an appropriate use of taxpayer dollars. Provides $20 billion in tax incentives for re- the institution of marriage as opposed to mak- This information will also be placed on the newable energy and energy efficiency over the ing it a fiscal encumbrance. internet. next 10 years. TRANSPARENCY AND OVERSIGHT OF FUNDS The Council of Economic Advisors must re- Includes a three-year extension of the pro- The compromise bill beforeus today pro- port quarterly on the results for the American duction tax credit (PTC) for electricity derived vides unprecedented oversight, accountability, economy. from wind (through 2012) and for electricity and transparency to ensure that taxpayer dol- A Recovery Act Accountability and Trans- derived from biomass, geothermal, hydro- lars are invested effectively, efficiently, and as parency Board will be created to review man- power, landfill gas, waste-to-energy, and ma- quickly as possible to infuse the economy with agement of recovery dollars and provide early rine facilities (through 2013). the strongest stimulus. warning of problems. The board is made up Provides grants of up to 30 percent of the Funds are distributed through existing for- largely of Inspectors General. cost of building a new renewable energy facil- mulas and numerous provisions provide for The Government Accountability Office and ity to address current renewable energy credit expedited relief so that much needed funds the Inspectors General are provided additional market concerns. are invested as quickly as possible into the funding and access for special review of re- Promotes energy-efficient investments in economy. covery funding. homes by extending and expanding tax credits The Government Accountability Office and IN CONCLUSION through 2010 for purchases such as new fur- the Inspector General are provided with addi- As Thomas Wolfe once wrote in his book naces, energy-efficient windows and doors, or tional funding for auditing and investigating re- You Can’t Go Home Again, ‘‘We have been insulation. covery spending. Moreover, a new Recovery lost during the past here in America, but I be- Provides a tax credit for families that pur- Act Accountability and Transparency Board lieve that we shall be found.’’ I believe this bill chase plug-in hybrid vehicles of up to $7,500 will coordinate and conduct oversight of recov- allows America to return to its rightful place to spur the next generation of American cars. ery spending and provide early warning signs and put our economy back on track. Includes clean renewable energy bonds for of problems. I strongly urge my colleagues to support State and local governments. WHISTLEBLOWER PROTECTIONS H.R. 1, ‘‘The American Recovery and Rein- Establishes a new manufacturing investment The act retains significant whistleblower pro- vestment Act of 2009’’ and get this country tax credit for investment in advanced energy tections. This is something that I care a tre- moving again. I firmly believe that this bill cre- facilities, such as facilities that manufacture mendous amount about and is something that ates jobs, stimulates the economy, and pro- components for the production of renewable I actively fought to ensure that the language vides the oil, grease, and machinery to get the energy, advanced battery technology, and protecting whistleblowers was retained. economic engine in this great country, oper- other innovative next-generation green tech- As chairwoman of the Subcommittee on ating and churning again. I have faith in our nologies. Transportation Security and Infrastructure Pro- economic system and our country. I know that SCIENCE AND TECHNOLOGY tection, I urged the conferees to retain the a brighter day is upon the horizon. I urge my Restore science and innovation as the keys whistleblower language in the bill. This lan- colleagues to support this bill and look forward to new American-made technology, preventing guage was included in the bill to encourage to real change and direction in this country. and treating disease, and tackling urgent na- government and contract workers to come for- Mr. POE of Texas. Mr. Speaker, the stim- tional challenges like climate change and de- ward in the face of wrongdoing, fraud and cor- ulus bill we’re voting on today is supposed to pendence on foreign oil. The bill provides ruption. stimulate business and create jobs. However, $600 million to NASA, including 4400 million Specifically, the language in H.R. 1 pro- one provision of the bill will do just the oppo- to put more scientists to work doing climate vides: ‘‘. . . an employee of any non-federal site. Title II of the Conference Report on H.R. change research including Earth science re- employee receiving funds made available in 1, under the Office of Justice Programs, State search recommended by the National Acad- this Act may not be discharged, demoted or and Local Law Enforcement Assistance, pro- emies, satellite sensors that measure solar ra- otherwise discriminated against as a reprisal vides $2 billion in Byrne Justice Assistance diation critical to understanding climate for disclosing to the Board, an inspector gen- Grants (JAG). This funding is frequently used change, and thermal infrared sensors nec- eral, the Comptroller General, a member of by local government agencies to fund pretrial essary for water management. The bill also in- Congress, or a federal agency head, or their release for criminal defendants. The problem cludes $150 million for research and develop- representatives, information that the employee is that it’s at taxpayer expense. ment to improve air traffic control and $50 mil- reasonably believes is evidence of . . . a sub- When a defendant is given a pre-trial re- lion to repair NASA centers damaged by hurri- stantial and specific danger to public health lease bond or personal recognizance bond, he canes and floods in the last year. and safety . . .’’ is released on his own recognizance. For ex- TAX RELIEF This language is important because public ample, a bond may be set at $10,000, and the The economic stimulus legislation will help safety is at stake and the American people defendant is released on his promise to return give $13 million more children access to the need to be reassured that they will be safe based on his ‘‘word’’ alone. If the defendant child tax credit. The use of this credit will likely and secure while traveling. The function of the does not return, the sheriff has to go find him. provide the most immediate stimulus which is whistleblower is in many respects similar to The taxpayers are usually out $10,000 be- the ultimate goal of this package. Trends show that of a canary in a coal mine. They are there cause judgments are seldom obtained from that low-to-moderate income families are more to warn of us of impending dangers. defendants for failure to appear. likely to spend the stimulus monies and accel- An historic level of transparency, oversight On the other hand, when a surety bond is erate the much-needed rebound in our econ- and accountability will help guarantee taxpayer used, the court enters into a contractual omy. dollars are spent wisely and ensure that Amer- agreement with a bonding company. The de- The city of Houston has over 73,000 fami- icans can see the results of their investment. fendant also makes an agreement with the lies below the federal poverty level and a per No wasteful spending will be tolerated in this. bonding company, and pays the company 10

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.033 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1576 CONGRESSIONAL RECORD — HOUSE February 13, 2009 percent. Then the defendant is released with ergy bills and create ‘‘green jobs’’ while ad- Unlike the $750 billion Troubled Asset Relief the understanding that the bonding company vancing American ingenuity and innovation. Program, this isn’t just a bill for white collar will pay the court $10,000 if the defendant Our work will not end when this bill is workers—the H.R. 1 is a bill for teachers, con- does not show up. Plus the bonding company signed into law. As President Obama has struction workers, medical professionals, elec- is obligated to go and look for the defendant said, it will take time and a lot of hard work to trical workers and engineers, police and fire- if the defendant does not appear in court. This get this economy moving. This President, this fighters, as well as those who may not be form of free enterprise takes taxpayers off the Congress and the American people have the working because of the dire state of our econ- financial hook. courage and fortitude to rebuild and recover. omy. This bill will create and save jobs by re- Mr. Speaker, by allowing taxpayer money to Today we begin that journey. investing in roads, highways, public transpor- go to pretrial release, the free enterprise sys- Ms. SCHAKOWSKY. Mr. Speaker, I rise tation, schools, education, the electrical grid, tem is greatly hindered. Instead of providing today in strong support of the American Re- health technology and services, communica- jobs, jobs are taken away from the private covery and Reinvestment Conference Report. tions infrastructure, and numerous other areas sector—namely the bonding and insurance Two weeks ago, I stood on the House floor of our economy. For the last eight years, too community. and listed the top ten reasons to support this many of these areas have been neglected. As a former judge, I found that defendants bill. Here we are today and the only thing that Today, we have the opportunity to invest in released on pretrial bonds seldom reappeared has changed is that more Americans are los- these areas to stimulate the economy and cre- in court. With surety bonds, however, they ing their jobs, homes and healthcare. We have ate jobs to get our economy started back in were much more likely to show up because to stop the economy from continuing to spiral the right direction. they had a vested financial interest in appear- out of control before it is too late. The bedrock of America’s competitiveness ing. Plus, the bondsman looks for defendants Our country is facing the worst economic is a well-educated and skilled workforce and who fail to appear. crisis since the Great Depression—we lost 2.6 we must prepare our students for our During my 22 years as a criminal court million jobs last year—the largest job loss globalized economy. This bill takes key steps judge, I saw how if left alone, the free enter- since 1945. In Illinois, the unemployment rate towards ensuring that we do just that. Starting prise system guarantees the best result. By al- increased by 40 percent in one year. We are with our youngest generation, H.R. 1 provides lowing private enterprise to take part in the seeing job losses at iconic American compa- $2.1 billion for Head Start and Early Head process, people are held accountable, and nies like Kodak and Ford, and at major Illinois Start to allow an additional 124,000 children to taxpayers are protected. companies like Caterpillar. participate in these programs. Mr. Speaker, this so-called ‘‘stimulus’’ bill The American Recovery and Reinvestment Harris County, where our district lies, serves will not stimulate the economy with jobs. It will Act will help get our economy back on track a combined total of 6,649 Head Start children only further stifle the free enterprise system, and put America back to work. The bill will per year through four direct Head Start grant- take jobs, and will leave taxpayers with the create 3.5 million jobs, cut taxes for working ees. In fact, Houston in 2003 served the low- bill. This is just one of many examples of flaws families, rebuild our infrastructure, prevent est percentage of eligible children compared in this bill. state and local cuts to crucial services and to other cities in Texas. Mr. LARSON of Connecticut. Mr. Speaker, 8 programs, and invest in the long-term health Harris County is the third most populous years of the Bush Administration’s failed poli- of our economy. county in the nation and in review of the U.S. cies have left our economy in a deep and cav- Under this bill, Illinois will receive billions of Department of Health and Human Services Bi- ernous hole. The climb out will be steep. With dollars and it is estimated that this bill would ennial Reports to Congress on Head Start, the strength and courage of President Obama, save or create over 148,000 jobs in Illinois. Los Angeles County served 29,703 eligible this Congress and the American people it will This bill isn’t a hand out to Wall Street fat cats children, Cook County served 20,406 children, be steady. Today we are voting on one bold and corporate CEOs; this is a hand up for the and the New York boroughs served 24,260. and historic step out of this hole. The Amer- American people. The bill helps working fami- Funding Head Start grantees is based on the ican Recovery and Reinvestment Act offers lies in Illinois, and across the country, by pro- number of children under the age of 5 years the short term help and long term solutions viding income tax credits, making college and whose family income is below the federal pov- that this country needs. It invests quickly in health insurance more affordable, giving first- erty line. our economy to create or save at least 3.5 time homebuyers a tax credit and providing According to U.S. Census figures for 2005, million jobs nationally—41,000 in my home assistance to low-income families to make not only is the poverty rate for Harris County’s state of Connecticut, and provide tax cuts for their homes more energy efficient and lower population under age 5 higher than the na- the middle class. And, it puts us on a path to- their energy costs. tional average in 2005 of 21 percent, but Har- wards economic strength and stability for the As President Obama has said, this bill is not ris County represented the highest percentage future with bold reforms and new priorities. perfect, but it provides immediate and targeted of children below the poverty line for all above This legislation makes a critical investment relief to American families and will help lead listed counties. The poverty rates for 2005 are: in our country’s greatest resource: our chil- our country out of the greatest economic crisis Los Angeles County 23.8 percent, Cook Coun- dren. We are helping local school districts in we have faced since the Great Depression. ty 22.5 percent, NYC boroughs 27.3 percent the short-term with over $53 billion in aid, to American families are depending on us to and Harris County 28.7 percent. I look forward keep our teachers in the classroom. We are act—not tomorrow, not next week—but today. to working with the Department of Health and also making a down-payment on our country’s Mr. GENE GREEN of Texas. Mr. Speaker, Human Services to address this disparity in future. With this legislation, we are helping to I rise in strong support of H.R. 1, the Amer- funding now that new monies will be available build the workforce of the future with funding ican Recovery and Reinvestment Act. to serve more eligible children. for Head Start programs and Pell Grants, and When we return home for our district work Additionally, this bill will provide much-need- modernizing our schools to give our students period, we do not have to look far to see the ed investments in our elementary and sec- the tools they need to succeed. impact this recession has had—workers are ondary schools including $13 billion for Title I The American Recovery and Reinvestment being laid off, consumer confidence is down, grants to help disadvantaged kids reach high Act recognizes the important role our infra- and people are spending less because they academic standards and $39.5 billion to local structure will play in our economic recovery. have less to spend. Despite my opposition, we school districts that can be used for preventing Our roads and bridges are in serious need of voted last year to give $750 billion to Wall teacher cutbacks and layoffs and make key in- repair and our public transportation des- Street to try to slow this recession; that did not vestments in things like modernizing our perately needs modernization. The funding work. I supported the House version of the schools. provided in this legislation for infrastructure will American Recovery and Investment Act, and I Finally, this bill will invest in preparing our create good paying jobs—many within the am supporting the Conference Report be- younger generations for our globalized econ- next few months. It also invests in the trans- cause it is time we invest in Main Street, not omy by providing $15.6 billion to increase the portation of tomorrow with over $8 billion in just Wall Street. maximum Pell Grant by $500. By doing this, funding for high speed rail—taking cars off the The White House Council of Economic Ad- we will help seven million students pursue road, and improving our environment. visers, along with the Departments of Labor postsecondary education and take the steps With this legislation we will begin to make and Commerce have estimated this bill will they need to get the certification or degree the tough choices to create a new American create nearly 270,000 jobs in my home state necessary to pursue and keep a job in these energy industry that will create jobs now and of Texas—more than in any other state be- difficult times. Additionally, H.R. 1 provides decrease our dependence on foreign oil. This sides California—and 7,400 of those jobs will students with a new ‘‘American Opportunity’’ investment will help families reduce their en- be in our 29th Congressional District. tax credit of up to $2,500 of the cost of tuition

VerDate Nov 24 2008 04:05 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.036 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1577 and related expenses paid during the taxable to the doctor and often end up in the emer- spending bill—the largest in our Nation’s his- year. Combined with the increase in the Pell gency room with more costly medical prob- tory—creates new programs and bolsters oth- Grant, this tax credit will give our lower and lems because they delay medical care. It ers, many of which have nothing to do with middle income students additional peace of makes sense to give states the option to ex- economic recovery. I don’t question the ur- mind in taking on the financial costs of pur- tend Medicaid coverage to these individuals gency of congressional action to stimulate the suing a college degree or certificate. because it saves money in the long run and economy, but I do question the priorities in Another way to build a 21st century econ- provides these individuals with health care this package and its price tag. omy is to engage contractors across the na- coverage. I have never been more concerned about tion to create jobs rebuilding our crumbling The legislation also makes critical improve- the future of our country. The unprecedented roads and bridges and building transit and rail ments to the smart grid provisions established amount of borrowing and spending in this lines. The American Recovery and Reinvest- in the Energy Independence and Security Act package will place a tremendous burden of ment Act will do this by providing funds to of 2007 by eliminating the cap on the allow- debt on present and future generations. This modernize our roads and bridges and invest in able number of smart grid demonstration economic stimulus package was not only an transit and rail projects to reduce traffic con- projects and increasing the grant funding opportunity to look at short-term solutions to gestion and gas consumption. I strongly sup- available for these efforts. Houston is a leader help jump-start the economy and assist strug- ported the inclusion of these funds as this in- in moving toward smart grid solutions. Center gling taxpayers and homeowners, but also a vestment would create or sustain more than Point Energy, a leading energy delivery com- historic opportunity for Congress to address 2.4 million jobs and $439 billion of economic pany in Texas, will invest over $600 million in the long-term financial plan for our country. activity. automatic metering systems, or AMS, over the I have been speaking out for several years I am pleased to see that H.R. 1 provides for next five years to support smart grid infrastruc- about getting mandatory spending under con- $1.5 billion in supplemental discretionary ture. AMS technology is the first step in mov- trol. Congressman JIM COOPER and I have au- grants that will be awarded to state or local ing towards an automatic grid which will allow thored bipartisan legislation, which I first intro- governments or transit agencies on a competi- consumers to manage and monitor the electric duced in 2006, to set up a national commis- tive basis for projects that will have a signifi- use in real-time, reduce energy consumption, sion to review our nation’s long-term economy, cant impact on the country, metropolitan area, and improve grid reliability. including entitlement spending, discretionary or region. This bill reads that this money in- I am also pleased with the changes to the spending and tax policy, and recommend a cludes in investing in projects already partici- Weatherization Assistance Program which will plan to Congress to get America on a sustain- pating in New Starts or those ready for entry help low-income families make their homes able financial path. The Securing America’s into revenue service. While I would like to more energy efficient. This will decrease the Future Economy (SAFE) Act would address have seen a lot more money dedicated to amount of fossil fuels needed to heat and cool this financial crisis and solve it with bipartisan- these type projects, I am glad that transit homes, reduce home energy bills and create ship. The SAFE effort differs from others be- agencies will be able to compete for entry into jobs in the home weatherization industry: a cause it requires an up or down vote in Con- revenue service. win-win for everyone. gress on the commission’s proposal, similar to We have two critical transit projects in the It creates a temporary $6 billion Department the process for closing military bases enacted greater Houston area, the North and South- of Energy loan guarantee program for renew- in 1988. east light rail corridors. Both projects are near able energy and electric transmission projects, As the piece of the budget pie continues to completion of the New Starts process in the up to $500 million of which can be used for grow to pay for entitlements, spending for dis- Federal Transit Administration. While the final the development of leading edge biofuels, in- cretionary programs shrinks. That means details on the projects are being addressed to cluding biodiesel. fewer dollars for education, for medical re- prepare the projects for entry into Final Design I applaud the inclusion of $4.6 billion in search, for investment in technology, for na- and for Full Funding Grant Agreements, the funding for the Army Corps of Engineers, al- tional security, for transportation, and a myriad projects are ready to begin construction in less though the Corps needs much more funding to of other programs on which Americans rely. than 90 days, have environmental clearances, address its backlog of critical projects. While Not only is it unacceptable to shoulder our and have received favorable cost effective- the funding is not distributed to specific children and grandchildren with a crushing ness ratings. By investing in these two projects, it is my hope the Corps will fund wor- debt burden, I believe it raises serious moral projects, work can begin quickly, creating thy projects by the Port of Houston and the questions. Is it right for one generation to live thousands of jobs in a region that suffers not Harris County Flood Control District. I also very well knowing that its debts will be left to only from the current economic conditions but support the $1.2 billion for EPA’s nationwide be paid for by others? also from the lasting effects of Hurricane Ike. environmental cleanup programs, including I reached out to both Democrats and Re- I look forward to working with the Department Superfund, which I hope can be utilized to publicans to push for a bipartisan entitlement of Transportation to see that these two clean up the San Jacinto River Waste Pits. reform commission to be considered as part of projects receive the attention they deserve. Mr. Speaker, our economy is crumbling, the stimulus package. The SAFE idea has I am also pleased H.R. 1 includes valuable workers are being laid off, people are losing garnered growing support. I offered the SAFE health related provisions including COBRA their health insurance, and families are finding Commission as an amendment when the stim- subsidies, health IT funding, an FMAP in- it harder and harder to make ends meet. This ulus legislation was marked up in the House crease, temporary DSH allotments, a tem- legislation will start us back on the right track Appropriations Committee, and again when porary extension of transitional Medical Assist- by looking out for those who have been most the Rules Committee decided which amend- ance, and funding for community health cen- affected, and by broadly investing is multiple ments would be made in order for consider- ters. sectors of our economy. We cannot stand by ation on the House floor as a part of House However, the final version of the bill does and do nothing, and for those reasons, I urge legislative package. I was disappointed that not include the temporary option for states to my colleagues to join me in supporting this my amendment was not even allowed to be provide Medicaid coverage to unemployed or legislation. debated by the House. uninsured individuals. Instead, H.R. 1 relies on Mr. WOLF. Mr. Speaker, I rise today in op- I am deeply concerned about the divisive- COBRA subsidies to provide health insurance position to the conference report to the eco- ness in Congress and believe that a bipartisan coverage to the unemployed. The House nomic stimulus legislation. commission may well be the only way to man- passed version of H.R. 1 gave states the op- I understand that Americans are hurting. date action on long-term budget controls. tion to provide Medicaid coverage to the un- Many have lost their jobs, are unable to pay President Obama has indicated his willingness employed or uninsured and this provision their mortgage, don’t have health insurance to reach across the aisle to find bipartisan so- should be in the final version of the bill. and are struggling to make ends meet. Small lutions. I have always believed that working to- In our district, most individuals work low businesses have especially felt the brunt of gether in a bipartisan manner is what the wage jobs that often do not provide health in- the recession. American people expect of their leaders. surance and therefore they are not eligible for Congress needs to come together with the The Congress had the chance in this meas- COBRA coverage. This leaves a large portion president to restore confidence in the econ- ure to take a bold step for America’s future fi- of individuals without health insurance or ac- omy and create a climate conducive to job nancial security and instead we are going cess to Medicaid. More and more lower wage growth. But instead of a narrowly focused ef- down the same road of adding to the deficit individuals, who never had health insurance, fort to stimulate the economy through targeted and national debt with questionable programs are losing their jobs. They are delaying their programs to put more money in the hands of that are touted to create jobs and stimulate health care because they cannot afford to go taxpayers and create jobs, this massive the economy. We can do better and we must

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.040 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1578 CONGRESSIONAL RECORD — HOUSE February 13, 2009 do better—for our children and our grand- Before the commission even meets to talk Some of these jobs will be created, and cre- children’s future. turkey, for several months it would hold a ated quickly, by the $25 billion in school con- Mr. Speaker, I insert with my statement an national conversation across the country, struction bond tax credits in this bill which I op-ed from yesterday’s Washington Times by with town meetings and other ways to gauge public sentiment. Only then would the com- have worked on with Ways and Means Chair- Stuart Butler of the Heritage Foundation who mission begin its work. Armed with this pub- man CHARLIE RANGEL for more than 12 years. understands the urgency of Congress and the lic support, Mr. Wolf and Mr. Cooper reason, The tax credits will create more than 11,000 administration coming together to stop the fi- lawmakers could vote ‘‘aye’’ with political jobs in North Carolina alone. This funding will nancial tsunami that threatens the financial fu- protection. allow work to start on stalled and delayed ture of our country. This ‘‘public mandate’’ stage is modeled school building projects and address over- [From the Washington Times, Feb. 12, 2009] after something called the Fiscal Wake-Up crowding and deteriorating schools. The jobs Tour. The tour consists of representatives BUTLER: CONGRESS NEEDS COVER TO REFORM from the Concord Coalition, a budget watch- created by making these investments in our ENTITLEMENTS dog group, as well as the Heritage Founda- future will invigorate our economy today, and (By Stuart Butler) tion and the Brookings Institution, together provide a strong foundation for the working The price tag is stunning. Pegged at nearly with former U.S. Comptroller General David families of the future. I am proud that the tax $800 billion—a figure that doesn’t even in- Walker. credits in this bill will give local school districts clude interest payments—the so-called This left-right panel has held dozens of support to improve their schools and the edu- ‘‘stimulus’’ bill sets an all-time record for large meetings around the country, talking deficit spending by a single bill. cation they provide. with tens of thousands of Americans. As a As the former Superintendant of Schools in Congress has gotten away with deficit ‘‘made member’’ of the tour, I can tell you spending in the past, because foreign inves- how Americans are likely to react to a com- North Carolina, I have a special understanding tors were willing to buy U.S. bonds to cover mission seeking their views: of the needs of our students, and I am the debt. But the size of this bill will send People want the truth about our fiscal fu- pleased that H.R. 1 includes significant invest- our deficits sky-rocketing, to the point ture. If they get the facts in a nonpartisan ments in education. In addition to the ABCs where overseas investors may have second way, first they are stunned and then they Act tax credits, the bill includes $39.5 billion to thoughts about lending us more. want action. help schools modernize their facilities and pre- And that’s the good news! The elderly, as well as young Americans, The bad news is there’s a far bigger prob- are willing to support tough steps on Medi- vent layoffs or cutbacks to essential edu- lem threatening to undermine overseas con- care and other programs—if they are first cational services. It provides $25 billion to fidence in America’s finances. That’s the brought into a serious conversation. support our most vulnerable students through looming fiscal tsunami due to wash over us And they doubt that more money sent to Title I and IDEA, and $4 billion for early child- as baby boomers start retiring in ever-grow- Washington would be used to avoid future hood education to ensure that kids have the ing numbers and start claiming Social Secu- deficits. They are sure it will be spent. right start on the path to learning. This pack- rity and Medicare benefits Congress has Here’s a thought. Let’s say President promised them. They are promises even the Obama were to back the Wolf-Cooper two- age also invests in higher education with a most robust economy could not afford to stage commission. Imagine if he and con- new tax credit for individuals seeking a college keep. gressional leaders from both parties were to education and a $500 increase to Pell Grants. Some lawmakers fear that Congress is in- hold their own tour. They would jointly give We must give the next generation the tools to capable of addressing this problem, given the Americans the full picture of the future tsu- support learning throughout their lives, to en- way it currently does business. They say the nami and an honest description of the major able them to compete in our 21st Century entitlement tsunami needs a very different options from all sides. And imagine they economy. approach. They are right. asked the American people what to do. Then, To jump start our economy and turn the tide Let’s understand the situation. Over the say, a commission put together a package of next 10 years, Congress says the stimulus reforms based on the people’s mandate and on unemployment, the American Recovery will cost about $800 billion we don’t have. In sent it to Congress for a vote. and Reinvestment Act of 2009 makes invest- its single most expensive year—2010—Con- That’s the kind of commission report that ments to create or save 3.5 million jobs. At the gress will borrow just over $350 billion to cre- could work. The kind of change you can be- same time, it provides a down payment on our ate ‘‘energy-efficient visitors centers’’ and lieve in. most important national priorities. H.R. 1 will otherwise ‘‘stimulate’’ the economy. That’s Mr. ETHERIDGE. Mr. Speaker, I rise in sup- also get the stagnant economy moving again a lot of money. port of the Conference Report for H.R. 1, supporting targeted infrastructure investments But let’s look at what Medicare alone must borrow—every year—to cover the gap be- American Recovery and Reinvestment Act of to improve bridges and roads, modernize pub- tween what it spends and takes in through 2009. This legislation will start to address the lic buildings, and expand mass transit. H.R. 1 premiums and payroll taxes. It’s already most critical needs of our flagging economy by also strategically invests in America’s ‘‘green costing taxpayers almost $200 billion this providing relief to struggling individuals and sector,’’ supporting alternative and environ- year. Within 10 years, yearly borrowing will small businesses, while creating and saving mentally-friendly energy, like the biofuels we hit the equivalent of $285 billion in today’s 3.5 million jobs across America. grow and produce in North Carolina, and new economy. In 20 years it will be close to $600 These are challenging times for families in technology that creates energy from waste billion, with hundreds of billions more from North Carolina and across the nation. Each products. It also expands energy tax provi- red-ink saturated Social Security and Med- icaid spending. month it seems that we get more bad news, sions like the Production Tax Credit and Clean And we are worrying about a peak of $350 or hit a new record on an economic indicator. Renewable Energy Bonds while providing the billion for the stimulus?! On Friday, the U.S. Department of Labor an- funds we need to transform our energy dis- Two congressmen, Rep. Frank R. Wolf, Vir- nounced the unemployment rate was at a 34- tribution system and weatherize and mod- ginia Republican, and Rep. Jim Cooper, Ten- year high of 7.6 percent. The increase in the ernize our homes and public buildings to in- nessee Democrat, don’t believe Congress has last quarter is the largest since the end of crease efficiency. the stomach to rein in such staggering short- World War II. This increase in the jobless rate Millions of Americans will see their taxes re- falls in these politically sensitive programs. To give weak-kneed politicians the cover is hitting every region, and every state, but duced by H.R. 1, and others will receive sup- they need, Mr. Wolf and Mr. Cooper propose North Carolina is particularly hard-hit. We are port in making purchases that help our econ- a bipartisan commission to recommend long- one of the top five states in terms of month- omy. More than 95 percent of the nation’s tax- term structural changes in entitlement pro- over-month increases, and one of the top payers will see an increase in their take-home grams. Commission proposals would be sent three in increases since last year. Here in pay through the ‘‘Making Work Pay’’ tax credit, to Congress for an up-or-down vote. North Carolina, unemployment is 8.7 percent. $400 for individuals and $800 for working fam- Mr. Wolf and Mr. Cooper reckon their commission would get members off the hook of In addition to the unemployed, there are many ilies. H.R. 1 will prevent 26 million families voting line-by-line for unpopular changes. more workers who are seeing their hours and from being subjected to the Alternative Min- And a bipartisan commission means both wages cut. imum Tax. It also includes relief for Americans parties get the political pain and gain of tak- I have heard from North Carolinians from that will spur our economy by providing an ing tough action. across the Second District about the need for $8,000 tax credit for first-time home-buyers. Now, we’ve had budget commissions before. swift action. H.R. 1 addresses the need by In addition, the small businesses that form Sometimes they consist of top congressional making investments in our economy that will the backbone of our economy will get relief leaders who meet behind closed doors and produce new jobs while providing tax relief for under the recovery package. H.R. 1 includes produce few real program changes but more real taxes. Or they produce a report that 95 percent of Americans. With 3.6 million jobs bonus depreciation to help them invest in new goes nowhere. lost in the past year, the 3.5 million jobs cre- equipment, loss carry back to help them But the Wolf-Cooper plan has two stages ated by this bill will put us on track to an eco- weather reduced sales, a delay of the 3% that may change the political dynamic. nomic recovery. withholding tax on payments to businesses

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.041 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1579 that sell goods or services to governments, icit by Circumventing the Legislative Process more of their hard-earned money through tax and a cut in the capital gains tax cut for inves- to Roll Back Welfare Reform, Intrude on Indi- relief. It would create 6.2 million jobs at half tors in small businesses who hold stock for vidual’s Healthcare Decisions, Buy Green Golf the cost, and that’s using the Obama Adminis- more than five years. It also provides incen- Carts When We Don’t Know How They Will be tration’s own statistical models. tives for businesses that create new jobs. Used, Bail Out Fiscally Irresponsible States, Only 18 percent of conference report is For those suffering in the economic down- But We’ll Give People an Average Whopping dedicated to lowering federal income taxes. In turn, this bill provides temporary support to $13 per week of Tax Relief, So We Hope fact, it provides for even less tax relief than help struggling families make ends meet and They Won’t Mind, Non-Stimulus, Non-Recov- the original House-passed bill. Infrastructure help workers train and find jobs. It extends ery Act of 2009. spending, similarly comprises only 17 percent and improves unemployment benefits, in- There, I think that does a much better job of of the discretionary spending in this pack- creases food stamps and food support, and describing this bill. age—down from $1 billion in the original provides aid to seniors, disabled veterans, and Mr. PAULSEN. Mr. Speaker, we need a House bill. Social Security recipients. It extends Trade stimulus bill that will put people back to work Shovel-ready infrastructure projects and in- Adjustment Assistance for displaced workers, and create jobs. We don’t need a big govern- dividual tax relief for small businesses should and extends and improves local job training, ment spending bill that has become a grab be part of our efforts to boost the economy. job placement, and vocational rehabilitation bag of special interest spending. But that doesn’t mean Congress should use initiatives. This spending quickly makes its I have several concerns about the bill, but I this crisis as an excuse to spend hundreds of way into the economy, and will help those would like to speak today about a specific billions in taxpayer dollars on 33 new pro- most in need. issue involving special education funding. grams that won’t have any economic impact in Our country is facing difficult times, and Like most of my colleagues I’m sure, I hear the near-term. though we have many challenges to meet, this all the time from educators—teachers, par- Mr. TANNER. I rise today in support of the package is a bold step in the right direction. I ents, superintendents—about special edu- American Recovery and Reinvestment Act. I support H.R. 1, American Recovery and Rein- cation funding. When the federal government do so with a strong sense of responsibility and vestment Act of 2009, and I urge my col- enacted the special ed mandate back in 1974, a heavy heart. leagues to join me in voting for its passage. it promised to provide 40 percent of the funds. Throughout my career in this body, I have Mr. OLVER. Mr. Speaker, I rise in strong But it has only provided about 17 percent stood up to champion the cause of fiscal re- support of this Economic Recovery bill that will annually, which means local school districts straint. I have seen the majority in this House put America back to work and throw a life-line have to make up this shortfall. This is patently change two times; presidents of both parties to the millions of people that are struggling to unfair to our local school districts. come and go. In all that time, I have called on support their families. But now this bill contains a particularly trou- the powers that be not to spend more than we In the last four months alone, the economy bling provision that would further exacerbate can afford, whether it be in the form of exces- has lost over 2 million jobs. By the end of the problem. The stimulus bill contains restric- sive spending or unaffordable tax cuts. 2009, an additional 3–5 million Americans tions on special education funding that would This is truly an economic and financial crisis could lose their jobs and without this package, not provide the needed relief to local schools unlike any we have ever seen, and it is forcing the unemployment rate is likely to rise to 12 because it would only allow them to use the tough decisions unlike any we have ever percent. funds for specified programs and services— faced. Economists from across the ideological Mr. Speaker, the transportation and housing not give local school districts the flexibility they spectrum believe that our nation is in the investments in this bill will create jobs, gen- need to make up for the current shortfall in midst of an economic catastrophe that re- erate economic growth, and significantly im- funding. Even worse, the ‘‘maintenance of ef- quires government action. The papers are prove our transportation and housing infra- fort’’ provision in the stimulus would force filled with sobering stories: small and large structure. states and local schools to sustain spending in businesses on the verge of collapse, massive The bill appropriates over $48 billion for sur- these tight budget times or lose their federal layoffs, historic levels of unemployment and face transportation and aviation and over $13 funding. families unable to afford their homes. The billion for housing investment. And the conference report extends this numbers are grim: 3.6 million people out of Within the $48 billion for transportation over mandate from two years to three years— work since this downturn started; in my district 75 percent of that money will quickly go to the through 2011. alone nearly 6,000 citizens have been laid off states through existing authorized formula pro- Mr. Speaker, our teachers play an excep- in the last 13 months. Eight counties in my grams for ready to go highway and transit tionally integral role in shaping our children district have an unemployment rate of over 10 projects. This funding will create over 1 million and our Nation’s future. They understand the percent, and all but one county’s unemploy- new jobs. needs of each student—far better than Wash- ment rate is considerably above the current Among discretionary transportation initia- ington bureaucrats ever will. We need to en- national average of 7.2 percent. tives, $8 billion is provided for high-speed and sure that our educators are properly equipped Blame for this crisis can be found far and intercity passenger rail which is an historic in- and given the proper decision rights in how to wide: greedy Wall Street giants, irresponsible vestment in America’s future. make each child succeed. lenders and consumers, and regulators that The bill invests in the nation’s public hous- I believe we should allow local schools more were asleep at the switch. I truly believe that ing, provides funding to communities hardest flexibility, and I urge the Secretary of Edu- without action our economy will get much hit by the foreclosure crisis to purchase and cation to keep that important principle in mind worse, and our nation will enter a period of rehabilitate foreclosed housing, and includes as he implements the ‘‘maintenance of effort’’ hardship not known since the Great Depres- money to fill financing gaps in the Low Income provision. sion. Inaction is simply not an option. Housing Tax Credit caused by the collapse of Mrs. BIGGERT. Mr. Speaker, I rise today in The bill before us is not perfect. It contains the credit market. Together these housing ap- opposition to the conference report to H.R. 1, spending measures that I believe may have propriations will yield about 250,000 jobs. the so-called economic stimulus package. merit but should be vetted through the regular While I believe more must still be done to Congressional Democrats crafted this bill appropriation process. But the perfect cannot adequately invest in public transit and to help behind closed doors and only released all the be the enemy of the good in these serious communities with the growing number of fore- details to us at midnight last night. times. closures, we must not let the perfect be the Their plan makes a bad bill worse by reduc- This legislation contains critical infrastruc- enemy of the good. ing tax relief for working families in order to ture spending that invests in communities, This is a good bill Mr. Speaker and I urge fund more wasteful spending. roads, waterways and needed technology up- a yes vote. Our economy needs a shot of adrenaline, grades in West Tennessee and across this Mr. SMITH of Texas. Mr. Speaker, in the in- not a load of long-term pet projects. great country. The stimulus package contains terests of transparency, because Republicans, I believe we need to act now; but we must tax provisions that will provide relief for fami- the media and the American public were shut get it right. lies living on the margins and businesses out of negotiations, I am suggesting a new Much of this spending is for worthy projects, struggling to meet payroll. Under this legisla- name for the American Recovery and Rein- but they’re not stimulative and should go tion, in fact, 95 percent of Tennessean and vestment Act, this so-called stimulus bill. through the regular appropriations process. American taxpayers will receive a tax cut. Based on what we know, I propose that we I joined my Republican colleagues and pro- Most importantly though, it will help create and call it the Emergency Massive Expansion of posed a plan that focuses on letting individ- save 7,900 private sector jobs in my district. Federal Spending to Double Our Budget Def- uals, families, and small businesses keep By putting people to work, we will put money

VerDate Nov 24 2008 03:58 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.043 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1580 CONGRESSIONAL RECORD — HOUSE February 13, 2009 in the pockets of all Americans to reenergize buildings ‘‘green.’’ This is one of many glaring government dependence, while doing nothing the economy. examples that this bill is not about stimulating to stimulate or create meaningful long-term job There is no doubt that this bill comes at a the economy; it is about expanding the Fed- growth. cost, one greater than the $787 billion price eral Government in a time of crisis. Mr. BOOZMAN. Mr. Speaker, I rise today in tag associated with it. Money will be borrowed I believe White House Chief of Staff Rahm opposition to the stimulus package that our and interest will have to be paid. Madam Emanuel characterized this democrat-spend- colleagues behind closed doors because of Speaker, as a fiscal conservative, that gives ing bill best when he said, ‘‘You never want a the lack of stimulus. me great pause; I would not support this pack- serious crisis to go to waste. And what I mean The American people are hurting. Too many age if I did not believe that our country’s future by that is an opportunity to do things you think jobs have been lost, and too many hard work- hung in the balance. you could not do before.’’ In a rush to cap- ing Americans are worried about their future. So I rise in support of the American Recov- italize on our country’s economic situation the Every day I receive calls from Arkansans op- ery and Reinvestment Act. I know that the re- other side of the aisle has used fear and proposed to Congress recklessly throwing around covery will not be immediate, but without this nouncements of imminent catastrophe to fulfill billions of dollars in an attempt to spend our package recovery may not be possible at all. their wants and achieve their goals of govern- way out of this crisis by getting more into debt. Mr. SKELTON. Mr. Speaker, it is often said ment expansion, longstanding liberal spending The American people do need action; but that legislating is the ‘‘art of compromise.’’ policies, and political payback. responsible, focused action that will create Today, the House is considering a carefully Many have looked to our economic history jobs and return tax dollars to working Ameri- negotiated economic recovery bill that rep- to provide guidance during this difficult time, cans immediately. This is the time-proven and resents a good balance of tax cuts and spend- particularly to the New Deal instituted by fastest way to truly stimulate our economy. ing stimulus to help get our economy back on President Franklin Roosevelt. Looking to the We cannot afford nor can our children afford— track and help get people in this country work- past we discover that Henry Morgenthau, Jr., an $800 billion mistake which gives too little ing again. FDR’s Treasury Secretary, gave this quote in attention to creating and saving jobs and se- As a representative of small town Missouri May of 1939 during the Great Depression. curing our retirement savings. I can’t says to and Chairman of the House Armed Services ‘‘We have tried spending money. We are the average Arkansan who is fearful he or she Committee, I am particularly pleased that the spending more than we have ever spent be- will lose their job that this stimulus will save legislation directs needed resources to rural fore and it does not work. And I have just one their jobs and help their lives it—so it does not parts of the country and further addresses an interest, and now if I am wrong somebody deserve our support. economic downturn that has become a na- else can have my job. I want to see this coun- I urge Congress to work harder and to- tional security threat to the United States. try prosper. I want to see people get a job. I gether for a focused, responsible bill that will Over the past year, the Government has want to see people get enough to eat. We save and create jobs and protect pensions. taken steps to help reduce the impact of the have never made good on our promises. I say Mr. TERRY, Mr. Speaker, I rise today in op- recession on the American people. Some of after eight years of this administration, we position to H.R. 1, the American Recovery and those actions have proven helpful, while oth- have just as much unemployment as when we Reinvestment Act of 2009. ers must be reviewed and improved. But, started. And enormous debt to boot.’’ I come to the floor to oppose this bill reluc- economists from across the political spectrum Unfortunately, what many economists have tantly. When I am home in my District I talk to have indicated that further economic stimulus found at present and in the past is that New my neighbors, old school friends, and folks in is necessary to help reduce layoffs and create Deal principles are stale ideas that do not the coffee shop, they share with me the eco- jobs. translate into economic stimulus in the 21st nomic problems they are facing—fellow work- Since January, bipartisan consensus has century. To find further confirmation that ers being laid off, difficulty in meeting the been built around a $789 billion economic re- unfocused infrastructure and public works house payment because there is now only one covery bill designed to boost employment and projects fail to stimulate a recessive economy wage earner. Small business owners are lay- invest in the health, education, and safety of one need only look to Japan during the 1990s. ing off people due to slow sales especially at the American people. Like this country’s current situation, Japan in car dealerships, retail stores, and restaurants. This legislation invests heavily in rural prior- the late 1980s experienced the bursting of a The slow down of the U.S. economy has not ities, such as boosting funds for rural water real estate bubble. To combat the economic missed my community—folks are hurting and programs; for rural highway and infrastructure situation, the Japanese government embarked Congress needs to act in ways that will jump projects, for school modernization initiatives; on a colossal spending spree pouring trillions start the housing markets, get credit and lend- for Corps of Engineers projects; for agricul- of taxpayer dollars into wasteful roads, bridges ing flowing, increase U.S. exports and provide tural-based alternative energy development; and infrastructure projects. Japan finally came tax relief so families have more money in their and for expanding Internet broadband tech- out of its economic tailspin, but many econo- pocket to pay for daily household expenses. nology. It directs additional funds toward mili- mists contend that it was not infrastructure But Mr. Speaker, I have many worries about tary and VA construction projects and toward spending that caused the economy to recover, the massive bill that we have before us today. streamlining the VA claims process. And, it but rather an intensive cleanup of the banks, I worry there is too much spending in this provides individual and small business tax re- and a growing export sector that boosted the so-called ‘‘Stimulus’’ package. The cost of this lief, helps turn our country toward greener en- country. According to a February 5, 2009, bill today is $791 billion. Over time the bill will ergy solutions, and strengthens the safety net New York Times article, ‘‘Among Japanese cost $1.138 trillion. There is too much spend- for workers who have fallen on hard times. citizens, the spending is widely disparaged for ing on government programs that should be The economic recovery bill is not perfect. having turned the nation into a public-works- funded through the normal appropriations But, sitting on the sidelines, simply watching based welfare state and making regional process, not in this bill. Under the guise of our economy deteriorate, is simply not an op- economies dependent on Tokyo for jobs. stimulus, the huge increase in these govern- tion. Inaction on our part would undercut Much of the blame has fallen on the Liberal ment programs significantly raises the base- America’s national security and would imperil Democratic Party, which has long used gov- line on which future spending cannot be sus- jobs, savings, farms, and small businesses. ernment spending to grease rural vote-buying tained without large tax increases. This policy We must do what we can to prevent such a machines that help keep the party in power.’’ could be devastating to our economy and pro- tragedy, which is why enacting this legislation For these, and many other reasons, I regret long the current economic recession. is in the best interest of our country. that I cannot support this unprecedented big I worry that too little of the package goes to- Mr. STEARNS. Mr. Speaker, I rise today in government grab for citizen reliance on the ward the most effective tools for creating jobs opposition to this wasteful, unfocused, and federal government. History shows that the for small business owners, like lower taxes massive government-spending bill. It is true best way to encourage an economic turn- and tax credits. In fact, the only help directed that our country is in the middle of a severe around, preserve jobs, and spur widespread to small business, net operating loss, carry- economic downturn and economists on both economic growth, is to ensure that job-cre- back was reduced by this bill from $1 billion to sides of the financial debate agree that the ators face a lower tax burden. It is evident that $2 billion. The home buyer tax credit was re- current housing market and lack of available this country needs to lower its corporate and duced from $35 billion to $2 billion; the car tax credit are at the root of this problem. Yet, small business tax rates, and provide tax relief credit to purchase a new car was reduced Democrat leaders in the House and Senate to middle-class families. What this country from $11.5 billion to $2 billion. decided to strip this legislation of an obviously does not need is a scatter shot approach of Infrastructure money for roads and bridges stimulative $15,000 homebuyer tax credit, in federal spending that will only increase the was $67 billion, which I appreciate, although favor of a $5 billion earmark to make federal debt burden on future generations and create my request to add $13 billion for combined

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.063 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1581 sewer operations funds in the infrastructure Mr. Speaker, it is because of all these wor- H.R. 1 also protects the health care cov- section fell on deaf ears. Compare this to Sen- ries and frustrations that I am not able to sup- erage for millions of workers who are losing ate Majority Leader HARRY REID $8 billion for port this package. We could have worked on their jobs because of our economic crisis. a high speed train from Las Vegas to a bipartisan basis to craft a bill that we could COBRA health continuation coverage provides Disneyland. The priorities in this bill are all support. But we were not given a chance a vital bridge for people to maintain their wrong. to do that. This bill was written behind closed health benefits when they are between jobs. The small business tax breaks and infra- doors by a small group of House Democrats. However, an average family COBRA premium structure spending make up about $100 billion The American people deserve better from us. is more than $1000 a month—a financial com- of the total $791 billion in the bill, but accounts I will be voting against this bill. mitment most unemployed workers can’t afford for 2.5 million jobs of the 3.5 million jobs the Mr. STARK. Mr. Speaker, I rise in support of on top of their mortgages and other costs of White House has estimated will be retained or the Conference Report on H.R. 1, the ‘‘Amer- daily living. By providing a 65 percent subsidy created by H.R. 1. ican Recovery and Reinvestment Act of for these premiums for up to 9 months, H.R. Mr. Speaker, to state it another way, $691 2009.’’ 1 will help more than seven million people billion of the spending may retain or create The economic challenges we are confronted maintain their health coverage while they seek just one million jobs, most of which will be with are as serious as any we’ve faced since new employment. government bureaucrats that populate the big the Great Depression. There is no doubt that When H.R. 1 is signed into law, the 111th gray buildings in Washington, DC. That does we are paying the price for eight years of un- Congress and President Obama will have little or nothing for job creation in my District. regulated markets, regressive tax breaks, and done more to advance health care in America I worry that printing nearly a trillion dollars of a lack of investment in the needs of the Amer- in less than two months, than was done over new money will result in inflation that will cre- ican people. Now is the time to act boldly to the entire two terms of the Bush Administra- ate economic problems over the next several create jobs, strengthen the frayed safety net, tion. We will also have set forth a solid road years that will negate any short term gains begin to fix our health care system, and make to move into the debate to guarantee that that might be achieved by this package. long-overdue investments in education, sci- each and every person in America has afford- I worry that this additional trillion dollars of entific innovation, and infrastructure that will able, quality health care that can’t be taken new money will create new economic prob- spur our economy forward in the years to away. lems by ‘‘crowding out’’ private investment dol- come. This legislation achieves all of these In addition to the vital health care provi- lars that otherwise might be available to stimu- goals. sions, H.R. 1 includes essential provisions that late our private sector economy, create new As Chairman of the Ways and Means will stimulate our economy in the short-term jobs, and grow the economy. Instead, the U.S. Health Subcommittee, I am most proud of the and build a foundation for long-term pros- government will be sucking up those dollars to health provisions in this legislation. perity. By funding ‘‘shovel-ready’’ road, rail, pay off its debt. Not to mention the burden this It is no overstatement to say that the devel- water, school, and energy infrastructure places on our children and grandchildren who opment of an interoperable health information projects we will create millions of new jobs, in- will be saddled with the responsibility of pay- technology system in America will revolu- cluding more than 7,500 in my district. By bol- ing off that debt. tionize medicine. H.R. 1 does just that. In ad- I am also very frustrated with the non-stim- stering safety net programs such as Unem- dition to increasing efficiency and reducing un- ulus liberal policies that found their way into ployment Insurance and Food Stamps we are necessary spending in our medical system, this bill. Two of these policies have earned a giving assistance to those hardest hit by the electronic health records will enable doctors to lot of attention. First, there is more than $1 bil- downturn. By investing in all levels of edu- have the information they need—at their fin- lion for ‘‘comparative medical treatment re- cation, science, and clean energy we are set- search’’ that will be spent by a new panel of gertips—to best treat their patients. ting the stage for economic renewal and the By building financial incentives into Medi- non-physicians that reviews the medical treat- innovation that will drive our economy. care and Medicaid, and developing new grant ment decisions of physicians and healthcare As President Obama has said, we will not programs, the Congressional Budget Office professionals. Many feel that this treatment re- get out of this economic mess overnight. But estimates that this bill will encourage 90 per- view committee could result in the rationing of we can take the bold action that the current cent of physicians in America to adopt stand- treatments of drugs for patients, or even deny crisis demands and start the process of re- medical care to some people, especially sen- ardized health IT and that 70 percent of Amer- building our economy by passing the legisla- iors. Some have labeled this a form of ‘‘eutha- ica’s hospitals will do the same. They also cal- tion before us today. nasia.’’ While I don’t foresee that any time culate that the improvements from this legisla- Mr. BOUCHER. Mr. Speaker, I rise to intro- soon, it is very scary. tion will generate more than $12 billion in sav- duce the Business Activity Tax Simplification Another liberal policy that was put in this bill ings from federal health programs and reduce Act of 2009, a measure with far-reaching con- is the reversing of welfare reform, which was health insurance premiums in the private sec- sequences for businesses throughout our na- the ‘‘Welfare to Work’’ program that was en- tor as well. tion. acted on a bipartisan basis in 1996. This legis- H.R. 1 also makes a substantial investment Traditionally, states and localities have lev- lation will encourage individuals to remain on to expand comparative effectiveness research. ied corporate income, franchise and other welfare who would otherwise be given two Right now, patients with the same diagnosis taxes only on those businesses that have a years to develop skills and training to get a job often receive dramatically different treatment. physical presence in the taxing jurisdiction. and move off of the welfare rolls. The roll-back Medicine is an art, but also must be guided by The growth of the Internet and interstate busi- of this program will end up costing the tax- science. By investing in this research, doctors ness transactions has made it possible for payers more money and reduce a job pool and other health care providers will be able to businesses to conduct transactions without the that many employers looked to for entry level obtain unbiased information regarding which constraints of geopolitical boundaries. As a re- hires. procedures, pharmaceuticals, devices and sult, recently some states have attempted to Mr. Speaker, this 1,100 page bill was made other treatments work best for particular condi- expand their tax base by assessing business available to Members at 10:30 p.m. last night. tions. That way, they can choose the right activity taxes against out-of-state companies I suspect the majority of my colleagues, like treatment from options that have been inde- that have customers but no property or em- me, have not had time to read through this bill pendently evaluated. ployees in the taxing state. Both large and line for line. We do not know what other policy If you’ve heard any controversy about this small companies are facing an increasingly shenanigans have been tucked into this mas- provision, it’s because the pharmaceutical and unpredictable tax environment for businesses, sive bill. medical device industries are spending mil- which hinders business expansion and threat- I am also frustrated that a viable alternative, lions of dollars to drum up opposition. They ens the continued development of e-com- at least half the cost, was not even consid- don’t want doctors or patients to be able to merce. ered. The Republican alternative focused on objectively evaluate the value of their prod- The legislation we are introducing today, small business owners and manufacturers, tax ucts. The smear campaign of disinformation which I am pleased to champion with my col- relief, consumer incentives to purchase new has also been advanced by conservative league and good friend Mr. GOODLATTE—as homes and cars and truck, along with infra- ideologues in a cynical effort to foment distrust well as Mr. ARTUR DAVIS, Ms. BACHMANN, Ms. structure funding. Economists estimate this al- and discord prior to beginning a national con- HERSETH-SANDLIN, Mr. JONES, Mr. BOBBY ternative would have created over 6 million versation on health care reform. In fact, this SCOTT, Mr. JORDAN, Mr. WEINER, Mr. PENCE jobs, twice the jobs at half the cost of the research is broadly supported by a wide range and Mr. JOE WILSON—will bring certainty to to- measure before us. But this alternative bill of groups representing patients, physicians, day’s increasingly chaotic tax environment for was stiff-armed by the Majority. health care organizations, unions and others. businesses by clarifying that the states cannot

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.017 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1582 CONGRESSIONAL RECORD — HOUSE February 13, 2009 attempt to tax the income of a company that The Louisiana Department of Revenue has just tomorrow and look toward what is best for has no physical presence within the taxing threatened to assess business activity taxes long-term economic recovery. Even the non- state’s borders. on several out-of-state companies based partisan Congressional Budget Office pre- Our legislation sets forth clear, specific merely on the fact that they broadcast pro- dicted that over the next decade, the extra standards to govern when businesses should gramming into the state, arguing that the com- debt created by this bill will ‘‘crowd out’’ pri- be obliged to pay business activity taxes to a panies are exploiting the Louisiana market be- vate investment and lead to lower GDP. We state. Generally, a business must use employ- cause the programming is seen or heard by are about to pass what will be the largest bur- ees or services in a state for more than 15 individuals in Louisiana. den that one generation has ever passed on days in a calendar year before it is liable to Several states attempt to assess business to another. And the non-partisan CBO says it pay business activity taxes to that jurisdiction. activity taxes on out-of-state credit card com- won’t even work! This hampers our economy The Business Activity Tax Simplification Act panies based on the fact that their customers in the long run and burdens our children with also modernizes legislation which Congress reside in the taxing jurisdiction and on argu- even more debt. enacted 50 years ago that set clear, uniform ments that the credit card company has en- My constituents in Kansas are asking for standards for when states could tax out-of- gaged in the ‘‘substantial privilege of carrying real economic relief, not funding for pet- state businesses for the solicitation of orders on business’’ in the state. projects. While the majority continues to claim for sales. Like the economy of its time, the The Business Activity Tax Simplification Act that this bill contains no earmarks, it still has scope of Public Law 86–272 was limited to in- offers Members the opportunity to put an end billions in it to fund ‘‘green’’ golf carts, mouse come taxes on tangible personal property. Our to nonsensical situations like these. In doing habitats, and other such projects the majority nation’s economy has changed dramatically so, we will provide certainty to both U.S. busi- evidently believes is a good use of Kansans’ over the past half-century, and this outdated nesses and to states, thereby fostering eco- hard-earned tax dollars. statute needs to be modernized to apply nomic growth and development. I thank Mr. The conference committee, behind closed equally to the sale of intangible property and GOODLATTE and the original cosponsors of the doors, decided $8 billion for a high-speed rail- services, and to other business activity taxes. Business Activity Tax Simplification Act for way between Las Vegas and Los Angeles will I want to emphasize that the Business Activ- their support, and I urge each of my col- better stimulate the economy than an addi- ity Tax Simplification Act does not diminish the leagues to assist us in enacting this much tional $200 in the pockets of hard-working ability of states and localities to collect tax rev- needed bipartisan legislation. families all across our nation. My constituents enue. Rather, it rationalizes and makes more Mr. KUCINICH. Mr. Speaker, I rise in sup- are the folks who know best how to spend a predictable the process of doing so. port of the Conference Report to H.R. 1, the The lack of clarity in current law has led to dollar and stimulate the economy, not a dis- American Recovery and Reinvestment Act, sometimes absurd results. A collection agent tant federal bureaucracy in Washington. and I ask unanimous consent to revise and A real stimulus needs to have a balance of with the New Jersey Department of Taxation tax relief and targeted investment. The major- stopped a refrigerated truck on the New Jer- extend my remarks. American families, increasingly out of work sey turnpike, loaded with product belonging to ity is exploiting the current economic downturn and burdened by debt, are spending less, and Smithfield Foods, a company headquartered in to jam through a bill full of irresponsible businesses have drastically reduced their my state of Virginia. The agent held the truck spending and government expansion. Mr. PRICE of Georgia. Mr. Speaker, I rise to and its driver for several hours and demanded spending as a result. That leaves only the federal government as that, to release the truck, Smithfield had to oppose this non-stimulus package because it the spender of last resort. wire $150,000 immediately to the New Jersey is selfish and irresponsible. This bill is not perfect: it is not nearly large It is selfish—because it will burden future Department of Taxation. The agent claimed enough to replace the losses in Gross Domes- generations for years to come with unbeliev- that he had the right to hold the truck and its tic Product that characterize the current reces- contents because Smithfield had failed prop- able debt; trillions of dollars stolen from our erly to file New Jersey tax returns. sion. But it lays a foundation of targeted gov- children and grandchildren. Smithfield informed the New Jersey agent ernment spending that will create millions of It is irresponsible—because it won’t work! It that his claim was unfounded. It explained that jobs. will not stimulate the economy. It will not cre- Public Law 86–272 protected it from New Jer- It will also strengthen the social safety net ate jobs. It has been shown to be misguided sey income taxation because it only engaged so that families who have been hit hard by the by over 300 prominent economists, including in solicitation in New Jersey and had no phys- economic downturn have the basic levels of three Nobel Prize winners. ical operations in the state. The agent refused resources they need. In addition, the process has been an affront to accept this explanation; however, he finally The bill also addresses a component crisis to all Americans. Less than 15 hours to read agreed to release the truck and its driver in re- of this recession: the spillover effects of large a bill over 1000 pages in length. Less than 2 turn for $8,000. concentrations of foreclosed vacant and aban- hours of debate on the floor of the House on Smithfield appealed this aggressive and in- doned houses on our communities. Neighbor- the most expensive spending bill in the history correct application of Public Law 86–272 to hoods are the innocent bystanders in the fore- of mankind! the New Jersey State tax commissioner. Ulti- closure crisis. This is simply wrong. mately, New Jersey accepted Smithfield’s con- As foreclosures and the vacant houses they Attached are three articles from papers tention that it has no physical presence in the can create continue at a record pace, the bill today revealing the folly of this process and state and is not subject to New Jersey income provides an additional $2 billion to help our product. tax. It issued Smithfield a refund and an apol- neighborhoods prevent the increased crime [From the Washington Post, Feb. 13, 2009] ogy for its roadside justice system, but not be- and deflated property values that come along DESPITE PLEDGES, PACKAGE HAS SOME PORK fore Smithfield had invested much time and with abandoned foreclosed properties. (By Dan Eggen and Ellen Nakashima) expense in resolving a situation which should It will also create jobs, and those jobs will The compromise stimulus bill adopted by not have arisen under current law. Our meas- be located in some of the hardest hit areas of House and Senate negotiators this week is ure will help avoid such scenarios in the future the country. Fortunately, those funds are not free of spending that benefits specific by clarifying the physical presence standard there, after being taken out by the Senate. I communities, industries or groups, despite embodied in Public Law 86–272. would like to thank Speaker PELOSI and con- vows by President Obama that the legisla- New Jersey has used similar tactics against ferees for including $2 billion for the Neighbor- tion would be kept clear of pet projects, ac- hood Stabilization Program. cording to lawmakers, legislative aides and out-of-state companies selling intangible anti-tax groups. goods to its residents, a situation not covered Ms. JENKINS. Mr. Speaker, Members of the The deal provides $8 billion for high-speed by 86–272. It has argued that a mom-and-pop House are being asked to say to vote for a so- rail projects, for example, including money South Carolina software company with no called stimulus package. This comes after that could benefit a controversial proposal physical presence in any states other than having only 10 hours in the dark of night to for a magnetic-levitation rail line between South Carolina and Georgia, owes a minimum read the final language of the 1,000 page re- Disneyland, in California, and Las Vegas, a of $600 per year in corporate income taxes port, which itemizes how we are to spend project favored by Senate Majority Leader and fees based only on the sale of licensed nearly a trillion taxpayer dollars. Harry M. Reid (D–Nev.). The 311–mph train Our economy is struggling right now and could make the trip from Sin City to software to a New Jersey entity, and that the Tomorrowland in less than two hours, accompany would owe such tax every year that Kansans are well aware of that fact. Yet, by cording to backers. its software was in use in the state, even for overwhelming majorities, they are asking me A new alliance of battery companies won those years in which the company had no in- to vote against this package today. Kansans $2 billion in grants and loans in the stimulus come from any customer in New Jersey. are pleading with Congress to look beyond package to jump-start the domestic lithium

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.020 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1583 ion industry. Filipino veterans, most of dustry employee, will require the Transpor- ing, credit and financial crises—are the whom do not live in the United States, will tation Security Administration to purchase worst since the 1930s and don’t lend them- get $200 million in long-awaited compensa- uniforms manufactured in the United States; selves to quick fixes. tion for service in World War II. most TSA clothing is currently assembled in The package includes Obama’s signature The nation’s small shipyards also made out Mexico and Honduras from U.S.-made fabric. ‘‘Making Work Pay’’ tax credit for 95 percent well, with $100 million in grant money—a The cost of the requirement is unclear—the of workers. But negotiators scaled it back tenfold increase in funding from last year, agency spends about $3 million on 12,000 new from Obama’s campaign promise: to $400 a when the federal Maritime Administration uniforms each year—but labor and trade year for individuals, instead of his $500, and launched the program to benefit yards in groups argue that it will create 21,000 U.S. $800 for couples, down from his $1,000. places such as Ketchikan, Alaska, and Bayou jobs. That equals around an extra $13 a week in La Bate, Ala. ‘‘We view this as a very inexpensive way to most paychecks, and it should show up very None of the items in the sprawling $789 bil- create jobs and also stabilize jobs in place,’’ quickly after Obama signs the bill. The hope lion package are traditional earmarks—fund- said Lloyd Wood of the American Manufac- is Americans will then feel more inclined to ing for a project inserted by a lawmaker by- turing Trade Action Coalition. go out and buy, which would help bolster the passing the normal budgeting process—ac- economy. cording to the White House and Democratic [From Indystar, Feb. 13, 2009] But will recession-shocked consumers, leaders. Republicans also killed or reduced a ANALYSIS: STIMULUS WON’T JUMP-START spooked by vanishing jobs, shattered nest number of projects they considered objec- ECONOMY eggs, tanking home values and surging fore- tionable, such as $200 million to re-sod the (By Jeannine Aversa) closures, actually spend money? Mall in Washington and money for a new ‘‘Chances are people are going to save Coast Guard polar icebreaker. WASHINGTON.—No, the big stimulus plan much or most of the tax cuts because of the But many Republicans, anti-tax advocates won’t ‘‘save or create 3.5 million jobs,’’ as climate of uncertainty and doom and and other critics argue that the final version the president and congressional Democrats gloom,’’ Gale said. of the bill is still larded with wasteful spend- claim—at least not this year. Given the severity of the problems, econo- ing and dubious initiatives that will do little The economy will remain feeble through mists said, the bigger the economic revival to create jobs or spur financial markets. The 2009, analysts warn, and businesses will keep package the better. Some said it needed to legislation’s sheer size and complexity set shedding jobs, though not as many as they be $1 trillion to make a noticeable difference off a lobbying spectacle over the past few would have without the $789 billion boost. this year. weeks, as diverse interests including phar- The stimulus agreement, heading for final Others argued that the package should maceutical companies, cement firms and votes in the next day or so, goes to the heart have been front-loaded with a lot more manufacturers of energy-saving light bulbs of President Barack Obama’s strategy to re- money—at least $500 billion—in tax cuts, converged on Washington to elbow for their vive the economy and will go far in shaping which tend to act more quickly to boost eco- share. how Americans view his economic leader- nomic activity. ‘‘You have a moving vehicle, and people ship. Mark Zandi, chief economist at Moody’s are trying to pile on and influence it in any What it won’t do is quickly snap the coun- Economy.com, estimates the bill will create way they can,’’ said David Merritt, a health try out of the painful recession, now in its just more than 2 million jobs by the end of policy adviser to the presidential campaign second year. 2010. The problem is, the recession will prob- of Sen. John McCain (R-Ariz.) who is now a It should provide some relief, economists ably wipe out many more jobs than that. project director with Newt Gingrich’s Center say, though some argue it won’t plow enough Zandi’s prediction: 6.5 million jobs will dis- for Health Transformation. money into the economy to prop it up. appear. Stimulus advocates say the GOP com- Tax cuts will spur at least some spending plaints are overheated and generally focus by consumers and businesses, and that [From the Washington Times, Feb. 13, 2009] on projects that Republicans dislike for ideo- should help save or create jobs. Aid flowing CBO PREDICTS LOWER GDP IN A DECADE logical reasons. Chad Stone, chief economist to cash-squeezed states will prevent some at the liberal-leaning Center on Budget and layoffs. (Stephen Dinan and S.A. Miller) Policy Priorities, defended the bill. ‘‘The And money for big public works projects, The Congressional Budget Office says overwhelming bulk of what is in the package such as bridge and road repairs, and longer- President Obama’s giant economic recovery is effective and well-designed stimulus,’’ he term ventures, such as networks for more bill will actually hurt Americans’ paychecks said. high-speed Internet connections, eventually in the long run, even if the plan’s tax cuts Money for high-speed rail ballooned during will generate jobs and stir economic activ- start out putting an extra $13 a week in most the stimulus debate, from nothing in the ity. worker’s pockets. House bill to $2 billion in the Senate version But even with the stimulus, many econo- Building on a report issued last week, the and finally $8 billion in the conference re- mists predict a net loss of 2 million, 3 mil- Congressional Budget Office, Congress’s offi- port, which was put together by Reid and lion or even more jobs this year. The reces- cial scorekeeper, said the flood of spending other Democratic leaders. sion already had cost 3.6 million jobs will boost the economy in the short term and Reid spokesman Jon Summers said in a through January. The unemployment rate, will create new jobs. But over 10 years, extra statement that the transportation secretary now at 7.6 percent, the highest in more than debt will ‘‘crowd out’’ private investment, ‘‘will have complete flexibility as to which 16 years, will probably hit at least 9 percent leading to a lower gross domestic product, program he uses to allocate the funds,’’ but by next year. which would hurt workers’ wages. he acknowledged that ‘‘the proposed Los An- ‘‘The stimulus package is not going to turn ‘‘The reduction in GDP is therefore esti- geles-Las Vegas rail project would be eligi- the economy around right now,’’ said Wil- mated to be reflected in lower wages rather ble.’’ Summers said the rail funding ‘‘was a liam Gale, director of economic studies at than lower employment, as workers will be major priority for President Obama, and the Brookings Institution. less productive because the capital stock is Sen. Reid as a conferee supported it.’’ ‘‘The best-case scenario is that it miti- smaller,’’ CBO said in a report issued One of the biggest targets of GOP com- gates the depth and the severity of the down- Wednesday night, although it did not say plaints was a measure in the Senate version turn. That’s not a bad thing. It’s just not the how much damage would be done. of the bill that did not name a recipient but magic bullet that fixes everything.’’ But for now, Alyson Jacobson, 42, said would have provided $2 billion for ‘‘one or Some analysts say the job market won’t she’ll take the $13. She said she’d spur the more near zero emissions power plant(s).’’ return to normal health—with unemploy- economy buying haircuts for her four young Sen. Tom Coburn (R-Okla.) and other Repub- ment hovering around 5 percent—until as children when the tax cut kicks in this licans say the provision was clearly directed late as 2013. spring. at reviving the FutureGen Alliance project, And the broader economy? No sudden re- ‘‘I’ll have to save up for two weeks,’’ the a proposed ‘‘clean coal’’ plant in Illinois. vival there either. social worker in Bowie said of the antici- Coburn called the item the ‘‘largest ear- The economy is expected to slide backward pated spending spree. ‘‘It could go into more mark in American history,’’ but in the end for all of 2009—a decline in gross domestic fruits because fruits are getting so expen- he was able to claim only a partial victory, product of more than 1 percent. That may sive.’’ as the conference bill still contains $1 billion not sound like much, but it would be the Her husband’s pay is expected to get a $13 that could be spent on FutureGen. first yearly decline since 1991. boost, and the couple could pocket expanded Another $800 million is set aside for other ‘‘Congress put the minimum charge into child tax credits under the bill that leaders carbon-capture projects, and a clause allows the stimulus battery,’’ said Brian Bethune, of the Democrat-led Congress scrambled to the money to go to projects that use petro- economist at IHS Global Insight. ‘‘We’re tak- finalize Thursday. leum coke instead of coal. That would prob- ing this big chance, turning the key and The child tax credit will put about $1,000 ably benefit a company called Hydrogen En- praying there is enough juice to turn over more in tax credits in the pockets of quali- ergy, which is jointly owned by British Pe- the economy. We should have juiced it up so fying families with at least three children. troleum and the multinational mining com- much that we are guaranteed that this en- The bill would expand the 15 percent credit pany Rio Tinto and has plans to build a gine will start’’ through a bigger package of to every dollar earned over $3,000 from the power plant in California. tax reductions. current $10,000 threshold. A provision introduced by freshman Rep. This recession has proved especially stub- As for the economy as a whole, CBO said in Larry Kissell (D–N.C.), a former textile in- born and dangerous. The root causes—hous- the short term, it will be better off with

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.069 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1584 CONGRESSIONAL RECORD — HOUSE February 13, 2009 spending; but over 10 years, the economy transformational piece of legislation that has past year to $9.7 trillion. From the first set of would at best break even and could actually come through Congress in 16 hours? We do rebate checks passed last February to the bill be two-tenths of a percent lower than if Con- a great disservice to the American people before us now, $9.7 trillion has been spent or gress did not act. Republicans, who have fought Mr. Obama’s today by rushing this package through. pledged to addressing this recession. stimulus plan, said numbers confirm their But, the level of disrespect we show the tax- And, all reports indicate that there is more fears. payers today by this perversion of process is to come. Treasury Secretary Timothy Geithner ‘‘This is what happens when one party ne- far exceeded by the level of disrespect we talked about another $2 trillion for financial gotiates behind closed doors—you end up show the taxpayer by the substance of this service sector bailouts just this week. Presi- with bad legislation,’’ said Rep. Dave Camp package. As the Los Angeles Times stated in dent Obama’s economic advisor, Larry Sum- of Michigan, the top Republican on the an editorial today, this bill ‘‘serves as a case mers, has talked about additional stimulus and House Ways and Means Committee, which study for the timeworn notion that haste financial service bailouts that will be needed in writes tax laws. ‘‘What the Democrats are asking the American people to do is buy a makes waste.’’ the months to come. President Obama noted $1.1 trillion-dollar plane that barely gets off Whether by design (The Washington Post that this is just a leg in a stool when he came the ground before crashing. The ones left in- did report that ‘‘House Speaker Nancy Pelosi before the Republican Conference only a cou- side that wreckage will be the American . . . called the legislation ‘historic and trans- ple of weeks ago. worker and taxpayer.’’ formational’ for its investments in Democratic That’s just for what’s actually in the bill. A Drew Hammill, spokesman for House social priorities.’’) or as a byproduct of the po- long history of expanding federal budgets has Speaker Nancy Pelosi, California Democrat, litical wrangling to get the bill to the floor, this made it clear to the American people that no blamed the bulk of the debt problems on increase in spending is ever temporary. As the former President George W. Bush and said bill is chock-full of the pet projects and political they know they’ll need to take more action priorities that lobbyists and lawmakers insisted Los Angeles Times noted the $191 billion in to produce good-paying jobs. upon. increased benefit spending in this package ‘‘We know the deficits created by the pre- But, the bill is supposed to have a single ‘‘expand programs that may be hard to trim vious administration are going to continue purpose: to stimulate the economy. Congress’ after the crisis passes. . . . What’s worse, to have an impact on the economy,’’ Mr. one and only criterion for any project or pro- there are no accountability measures attached Hammill said. ‘‘We know that we can’t afford gram should have been its ability to help grow to those funds. . . .’’ not to act with the legislation that has been the economy and help create jobs. Again, the An analysis by staff at the House Budget finalized, and we know there’s going to have Committee looked at what happens if Con- to be other pieces of legislation to address Los Angeles Times noted that scattered other economic concerns.’’ throughout the bill ‘‘are proposals that ad- gress continues to fund just 19 of the most po- The CBO report said the new spending vance a political agenda more than an eco- litically popular programs at their new stimulus would create or save between 800,000 and 2.3 nomic one.’’ levels—programs like Pell Grants, Head Start, million jobs in 2009 and by 2010 would ac- Targeted investment in transportation con- food stamps. Over the ten-year period ending count for between 1.2 million and 3.6 million struction is proven to grow the economy and in 2019, ‘‘these 19 programs alone would in- jobs. create jobs. The U.S. Department of Transpor- crease federal outlays and tax entitlements by The White House did not comment on the $1.59 trillion.’’ (Wall Street Journal, February report. Mr. Obama has predicted that his tation reported last year that every $1 billion in plan could create or save up to 4 million federal highway investment, when combined 12, 2009) jobs. with the required state matching funds, sup- Even before we add in the financial service The extra $13 a week will show up in pay ports 34,779 American jobs. Of that, only sector bailout and this ‘‘stimulus’’ bill, the this spring when the withholding formula is about 12,000 are actual construction jobs. The American people were looking at the largest adjusted. Starting next year, the credit will rest are in supplier industries or related eco- budget deficit in modern history for 2009— add about $7.70 per week to individual pay- nomic sectors. That’s why Republicans in the 8.3% of the economy. According to an anal- checks. House had moved to reprioritize spending in ysis by the Strategas Group, if you add in this ‘‘It’s almost pocket change,’’ said Cindy bill and the bailout, ‘‘the deficit could hit nearly Hockenberry, an accountant and research co- the House bill and triple investments in trans- ordinator with the National Association of portation construction—a motion the majority $2 trillion, or 13.5% of the U.S. economy.’’ Tax Professionals. ‘‘To be quite honest, flatly rejected. The Wall Street Journal rightly calls this ‘‘un- amounts that small I don’t think [taxpayers] There is a substantial and tangible ripple ef- charted territory’’ and reminds us that the con- are going to feel it.’’ fect to these investments. Yet, it gets lip serv- sequences could mean ‘‘new federal debt in The tax relief, including business tax ice in this bill: $27.5 billion of the $792 billion the trillions of dollars over the next few years, breaks, adds up to $275 billion, or about a bill (a mere 3.4% of the total bill) is invested which could test the limits America’s credit- third of the $789 billion package. The rest of worthiness,’’ and could mean that ‘‘the U.S. the money—$515 billion—is spending. in this proven stimulator. The Jacobsons also could be among the 23 Tax relief is similarly stimulative. The Re- will become less desirable as a destination for million middle-class families to benefit from publican alternative that was rejected by the the world’s capital.’’ a suspension of the alternative minimum tax majority would have created twice the jobs at With this bill today, Congress isn’t helping (AMT), which would otherwise wallop fami- half the cost. It would have done so by putting America to dig itself out of the recessionary lies making as little as $50,000 a year with a money back into the pockets of those who hole, we’re merely digging it deeper. I cannot 26 percent or 28 percent income tax rate. would use it to create jobs and to keep money support this new direction for the American The AMT was adopted in 1969 to make tax- cycling through the economy. economy, Mr. Speaker. I stand today on the sheltered wealthy Americans pay at least side of the American taxpayer and will vote to some income taxes. But it was not indexed Amongst other things, this alternative, which for inflation and, over time, hit middle-in- I did support would have: oppose this bill. come taxpayers if not forestalled by tem- Reduced the lowest individual tax rates from Mr. RANGEL. Mr. Speaker, the following let- porary ‘‘patches’’ passed annually by Con- 15% to 10% and from 10% to 5%. In Min- ters relate to a matter of jurisdiction with re- gress. This year’s patch was included in the nesota’s Sixth Congressional District, 272,306 spect to a provision included in the conference stimulus. filers would benefit from the reduction in the agreement to H.R. 1 The tax cut—which is supposed to help 95 10% bracket alone and 228,926 filers would HOUSE OF REPRESENTATIVES, percent of Americans, including low-income also benefit from the other rate reduction. COMMITTEE ON ENERGY AND COMMERCE, workers who do not earn enough to pay in- Washington, DC, February 13, 2009. come taxes—would give single workers up to Allowed small businesses to take a tax deduction equal to 20% of their income. Nearly Hon. CHARLES B. RANGEL, $400 a year and families up to $800. Chairman, Committee on Ways and Means, The tax credit phases out completely for half a million Minnesota small businesses— Longworth House Office Building, Wash- workers earning more than $100,000 a year each employing 500 or fewer employees— ington, DC. and couple earning more than $200,000. would benefit from this. DEAR CHAIRMAN RANGEL: I write regarding Mrs. BACHMANN. Mr. Speaker, at about And, provided a home-buyers credit of the section entitled ‘‘Grants for Specified 10:00 p.m. last nite, the text of the $792-billion $7500 for those who can make a minimum Energy Property in Lieu of Tax Credits’’ in so-called ‘‘stimulus’’ package was finally made down-payment of 5%. H.R. 1. Although originally passed by the available to Republicans. At 11:00 p.m., this What’s more, Mr. Speaker, this package House of Representatives as a program ad- 1073-page package was finally posted online sets upon the shoulders of generations of ministered by the Department of Energy, under the conference agreement on this bill, for the public to see it. And, votes are ex- Americans a debt that I don’t think we can this program will reside at the Department pected by 2:00 p.m. today. even comprehend. With this so-called stim- of the Treasury. Are Republican legislators really supposed ulus, we raise the government’s commitment I am pleased that the consultation process to digest and comprehend the single most to addressing this economic downturn over the between our Committees has resulted in an

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understanding that this grant program will man, Mr. OBERSTAR, and Chairman OBEY for huge windfall for an agency that, in my opin- be under the jurisdiction of the Committee elevating the importance of Obey infrastruc- ion, already has a hard time managing its reg- on Energy and Commerce despite its admin- ture investment towards the economic recov- ular budget. istration through the Department of the The Accountability and Transparency Board Treasury. ery of our Nation. I would appreciate your response to this I strongly support the Conference Report to created by this bill was provided $14 million in letter confirming this understanding with re- H.R. 1, particularly the infrastructure compo- the House bill, and $7 million in the Senate spect to this program. I would also ask that nents, which direct desperately needed funds bill. The funding for the Board in this con- a copy of our exchange of letters on this into our Nation’s roads, bridges, transit sys- ference report mysteriously increases to $84 matter be included in the Congressional tems, airports, and water-related infrastructure. million. Even though this is called a ‘‘trans- Record during consideration of the con- Each $1 billion of Federal funds invested in parency’’ board, as the Ranking Member, I do ference report on the House floor. infrastructure creates or sustains approxi- not know how or why the funding increases by Sincerely, mately thirty-four thousand jobs and $6.2 bil- 600 percent over the House bill. Maybe these HENRY A. WAXMAN, Chairman. lion in economic activity. funds are needed, but no one on my side of The $64 billion dollars for infrastructure in- the aisle knows who asked for this funding or HOUSE OF REPRESENTATIVES, vestments outlined in the bill will provide a how it will be spent. COMMITTEE ON WAYS AND MEANS, real, tangible benefit to the seven hundred Mr. CLYBURN. Mr. Speaker, I rise today in Washington, DC, February 13, 2009. thousand individuals currently unemployed in strong support of the American Recovery and Hon. HENRY A. WAXMAN, my state—whether as a paycheck for those Reinvestment Act and I congratulate President Chairman, Committee on Energy and Commerce, responsible for constructing these vital Obama, our leadership, all of the committee Rayburn House Office Building, Wash- projects, or through increased productivity for chairs, and the staffs for crafting this legisla- ington, DC. small businesses that produce the materials DEAR CHAIRMAN WAXMAN: I write in re- tion under extraordinary circumstances. sponse to your letter regarding the section needed for infrastructure projects. Mr. Speaker, this country is facing the worst entitled ‘‘Grants for Specified Energy Prop- However, unlike other economic recovery recession in its history. Economists across the erty in Lieu of Tax Credits’’ in H.R. 1. Al- proposals, infrastructure investment provides globe have confirmed this fact stating ‘‘the though originally passed by the House of not only a short-term benefit to American fami- U.S. recession will be the longest and will Representatives as a program administered lies, it also provides a long-term benefit in worsen without heavy government spending.’’ by the Department of Energy, under the con- terms of sustainable and reliable infrastruc- Just last month nearly 600,000 jobs were lost ference agreement on this bill, this program ture, as well as the potential for increased pro- which is the deepest cut in payrolls in 34 will reside at the Department of the Treas- ductivity for the Nation’s economy through the ury. years and the jobless rate of 7.6 percent is at I am pleased to confirm that the consulta- efficient movement of goods and services. its highest level in more than 16 years. More- tion process between our Committees has re- Finally, infrastructure investment provides over of the top 20 monthly job losses in the sulted in an understanding that this grant one of the only benefits that cannot be history of this country 5 have happened in the program will be under the jurisdiction of the shipped off to foreign lands. The direct bene- last seven months. Committee on Energy and Commerce despite ficiaries of domestic infrastructure projects are Mr. Speaker as a student of history, I have its administration through the Department our towns, our local communities, our constitu- tried to find a moment when our country faced of the Treasury. ents. such economic and political uncertainty. And I will submit a copy of our exchange of let- Mrs. EMERSON. Mr. Speaker, the American ters on this matter for inclusion in the Con- as fate would have it, that moment was yes- gressional Record during consideration of economy is in dire straits and our constituents terday, as we marked the 200 year anniver- the conference report on the House floor. are looking to us to act. This is a moment sary of President Abraham Lincoln’s birthday Sincerely, when we should be coming together, putting and the 100 year anniversary of the NAACP. CHARLES B. RANGEL, party differences aside, and crafting respon- As President Lincoln focused his efforts on Chairman. sible legislation that will both solve the prob- keeping the Union whole, a great economic Ms. SCHWARTZ. Mr. Speaker, the econ- lem and unite the country. I do not believe and social question loomed. What should the omy is in crisis—my constituents in South- H.R. 1 is this legislation. country do with its slaves? President Lincoln eastern Pennsylvania and I see it every day. I am also disappointed that this conference felt so strongly about maintaining the Union Our families are struggling with lost income was so small—with only five Members from that he emancipated the slaves but the ques- and lost health insurance—even as the de- the House—that it could have been conducted tion of their economic and social well-being re- mands on household budgets grow. around the dining room table of my house in mained largely unaddressed. Our businesses are struggling with lost con- Cape Girardeau. It was so brief that it could It took a civil rights movement, Mr. Speaker, sumers, increased costs, and difficulties in ac- have been over before I had the chance to led by organizations like the NAACP to high- cessing capital. make coffee for everyone. light the deplorable and inequitable economic Our state, cities and towns are struggling Despite the promises of bipartisanship made conditions freed blacks faced. These condi- with shrinking revenues in the face of in- at the outset, this legislation has been con- tions lay bare for the world to see in areas creased demand for services, aging infrastruc- structed and finished behind closed doors. like: education, employment, housing, nutri- ture and other obligations. The motion to instruct conferees we passed tion, and health. And it is these issues, Mr. Today we will take the action essential to here unanimously gave members of this Speaker, which are addressed in this bill. provide relief, create jobs, and lay the ground- House 48 hours to review the bill before we For history has taught us that, you cannot work for future economic growth. vote. We got 14. pull a country out of recession or move a We will: cut taxes for 95% of American The American economy is hurting, families country forward unless you address these in- workers; reduce the cost of COBRA health in my district in Southern Missouri are hurting, equities. So while many of my colleagues will coverage for the unemployed; improve access and we are applying a code of priorities here talk about all the new technologies and great to capital and stimulate growth; repair infra- that doesn’t fit the crisis we’re facing. These ideas in this bill, I prefer to focus on the check structure; invest in new energy sources and funds should go to the people and places with Dr. Martin Luther King Jr. spoke about in 1963 energy efficiencies; and drive the innovation the greatest potential to create jobs and im- at the Lincoln Memorial. Where he stated the that will keep America competitive in the glob- prove the economy. This bill deviates from following: al market place. that mission while better solutions have been In a sense we have come to our nation’s I am particularly proud of the major new in- largely ignored. capital to cash a check. When the architects vestment in health information technology that Regarding the contents of the Financial of our republic wrote the magnificent words will lead to near universal use of electronic Services portion of the conference report, I am of the Constitution and the Declaration of medical records within 10 years—improving pleased it reduces funding below both the Independence, they were signing a promis- the quality and coordination of care, saving House and Senate levels. However, $6.9 bil- sory note to which every American was to lives, and saving costs for patients, employers, lion for the Financial Services Subcommittee fall heir. This note was a promise that all and taxpayers. is still too much. men, yes, black men as well as white men, GSA will get $5.5 billion to build and ren- would be guaranteed the unalienable rights This recovery package is a smart, timely in- of life, liberty, and the pursuit of happiness. vestment to meet today’s challenges and fulfill ovate new Federal buildings and ports of It is obvious today that America has de- America’s promise. entry. However, in fiscal year 2008, GSA re- faulted on this promissory note insofar as Ms. EDDIE BERNICE JOHNSON of Texas. ceived a total appropriation of only $1.4 billion her citizens of color are concerned. Instead Mr. Speaker, I want to commend my Chair- for construction and renovations. This is a of honoring this sacred obligation, America

VerDate Nov 24 2008 04:05 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\A13FE7.073 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1586 CONGRESSIONAL RECORD — HOUSE February 13, 2009 has given the Negro people a bad check, a renewable energy. It also includes about $20 Mr. LEWIS of California. Thank you, check which has come back marked insuffi- billion in tax incentives for energy efficiency and I yield back the balance of my cient funds. But we refuse to believe that the and renewable programs, which I helped de- time. bank of justice is bankrupt. We refuse to be- The SPEAKER pro tempore. Pursu- lieve that there are insufficient funds in the sign as a member of the Ways and Means great vaults of opportunity of this nation. So Committee. ant to House Resolution 168, the pre- we have come to cash this check—a check Oregon is known for the progress that we vious question is ordered. that will give us upon demand the riches of have made developing a new energy future MOTION TO RECOMMIT freedom and the security of justice. and for the innovative ways that we approach Mrs. MILLER of Michigan. Mr. We have also come to this hallowed spot to healthcare, sustainability, and transportation. Speaker, I have a motion to recommit remind America of the fierce urgency of now. This legislation will buttress those endeavors, This is no time to engage in the luxury of at the desk. cooling off or to take the tranquilizing drug while creating jobs and easing the economic The SPEAKER pro tempore. Is the of gradualism. Now is the time to make real impacts on those already hard hit. So, while I gentlewoman opposed to the bill? the promises of democracy. Now is the time retain concerns about elements of the legisla- Mrs. MILLER of Michigan. In its cur- to rise from the dark and desolate valley of tion, I feel strongly that we must seize this op- rent form, yes, I do oppose the bill. segregation to the sunlit path of racial jus- portunity to rescue our economy and trans- The SPEAKER pro tempore. The tice. Now is the time to lift our nation from form it to meet the challenges of the twenty- Clerk will report the motion to recom- the quick sands of racial injustice to the first century. solid rock of brotherhood. Now is the time to mit. make justice a reality for all of God’s chil- Mr. CONNOLLY of Virginia. Mr. Speaker, I The Clerk read as follows: dren. am pleased that the conferees restored some Mrs. Miller of Michigan moves to recom- of the state stabilization dollars previously ap- Mr. Speaker, we have to act now, so that mit the conference report on the bill H.R. 1 proved by the House to help soften the finan- the families in Sumter, South Carolina will to the committee of conference with instruc- cial crunch on local governments and schools. tions to the managers on the part of the have clean water, so that children at J.V. Mar- Having just come from the local government House to— tin Junior High School in Dillon, South Caro- ranks—representing Fairfax County, Virginia, (1) accept section 1008 of subtitle A of divi- lina will no longer have to learn in a 150 year which if it were a city would be the nation’s sion B of the Senate amendment (relating to old school, so that a mother in Charleston, above-the-line deduction for interest on in- 13th largest city with the nation’s 12th largest South Carolina will not be homeless, so that debtedness with respect to the purchases of school system—I can tell you our local gov- kids in Columbia, South Carolina will have a certain motor vehicles), and ernments are hemorrhaging in the current eco- summer job, so that a teacher in Anderson (2) accept section 1009 of subtitle A of divi- nomic crisis and are facing steep reductions in Primary School in Williamsburg, South Caro- sion B of the Senate amendment (relating to staff and services. You see, our state and above-the-line deduction for State sales tax lina will not lose their job, and so that family local government partners do not have the lux- and excise tax on the purchase of certain in Florence, South Carolina looking for a way ury of printing money or enacting continuing motor vehicles). out of this economic recession will not suffer resolutions. By statute they must balance their The SPEAKER pro tempore. Without under a Governor’s political ideology. budgets annually. objection, the previous question is or- Mr. Speaker, America works when all of dered on the motion to recommit. America is working and today we are ensuring While the final number for local and state There was no objection. that this promise of work in America will not aid is not as much as we wanted—and signifi- The SPEAKER pro tempore. The be marked ‘‘insufficient funds.’’ cantly less than what is needed—this invest- question is on the motion to recommit. Mr. BLUMENAUER. Mr. Speaker, I support ment is nonetheless critical to ensuring that The question was taken; and the the American Recovery and Reinvestment Act our state and local partners are in a position Speaker pro tempore announced that of 2009. While this legislation is not perfect, it to quickly advance on the investments and ini- the noes appeared to have it. marks a strong response to the economic tiatives as the dollars begin to flow from this challenges faced by Oregon’s hard-working stimulus package. The aid we provide will help Mrs. MILLER of Michigan. Mr. families and it deserves support. In particular, prevent layoffs for the very workers who will Speaker, on that I demand the yeas I would like to highlight several elements of be carrying out the mission of this historic re- and nays. the legislation that are important to Orego- covery package. The yeas and nays were ordered. nians and to the nation. With respect to education, I and many of my The SPEAKER pro tempore. Pursu- This legislation will create 3.5 million jobs colleagues, continue to be disappointed that ant to clause 8 and clause 9 of rule XX, and will give 95 percent of American workers the House’s original proposal for school con- this 15-minute vote on the motion to an immediate tax cut. The bill also offers sig- struction was not maintained. Some argued recommit will be followed by 5-minute nificant tax relief to homebuyers, manufactur- that school construction is not a federal re- votes on adopting the conference re- ers, and small businesses. sponsibility when, in fact, the federal govern- port; and suspending the rules with re- The legislation provides a significant exten- ment has supported school renovation and gard to House Resolution 139, if or- sion of unemployment benefits, provides aid to construction in the past expressly for the pur- dered. Oregon to modernize our unemployment sys- pose of creating jobs. During the Great De- The vote was taken by electronic de- tem and expand its coverage, and helps un- pression, the Works Progress Administration vice, and there were—yeas 186, nays employed workers maintain their healthcare created hundreds of thousands of new jobs 244, not voting 3, as follows: coverage. through the construction of 4,383 new schools [Roll No. 69] This legislation puts a down payment on a and the renovation of thousands more in re- YEAS—186 much-needed investment in roads, bridges, sponse to the greatest economic crisis of the Aderholt Broun (GA) Cuellar mass transit, energy efficient buildings, flood 20th Century. Thankfully, some flexibility re- Akin Brown (SC) Culberson mains within the bill to allow school districts a Alexander Brown-Waite, Davis (KY) control, clean water projects, and other infra- Arcuri Ginny Deal (GA) structure projects. These efforts will begin re- means to address their growing capital needs Austria Burgess Dent building and renewing America. and create new jobs. Bachmann Burton (IN) Diaz-Balart, L. The legislation invests in health information Current data indicate our economy may Bachus Buyer Diaz-Balart, M. Barrett (SC) Calvert Dreier technology to modernize our health care sys- contract by as much as $2 trillion during this Barrow Camp Duncan tem and improve health outcomes. This in- global crisis. With our action today, the Con- Bartlett Cantor Ehlers vestment will put people to work and will cre- gress is investing $789 billion to provide some Barton (TX) Cao Emerson ate a more efficient, effective health care sys- cushion for workers, families and employers. Biggert Capito Fallin Bilbray Carney Fleming tem with fewer deaths, fewer complications, We must do something. We must act. This bill Bilirakis Carter Forbes and lower health care costs. is not the perfect solution, but, in the worst Bishop (UT) Cassidy Fortenberry The economic recovery package also rep- economic meltdown in 80 years, it is about Blackburn Castle Foxx Blunt Chaffetz Franks (AZ) resents a leap forward for the nation’s clean stimulating economic activity, restoring credit Boehner Chandler Frelinghuysen energy economy. It includes about $37.5 bil- flow to consumers and small businesses, fi- Bonner Childers Gallegly lion in funding for energy programs, almost nancing critical investments that will have con- Bono Mack Coble Gerlach double the Energy Department’s typical entire tinuing returns for generations to come, and Boozman Coffman (CO) Gingrey (GA) Boustany Cole Gohmert annual budget, and more than 10 times the restoring the confidence of consumers and in- Brady (TX) Conaway Goodlatte amount normally spent on conservation and vestors in our economy. Bright Crenshaw Granger

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.056 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1587 Graves Marchant Rogers (KY) Peterson Schwartz Thompson (MS) Johnson, E. B. Mitchell Schrader Griffith Matheson Rogers (MI) Pingree (ME) Scott (GA) Tierney Kagen Mollohan Schwartz Guthrie McCarthy (CA) Rohrabacher Polis (CO) Scott (VA) Titus Kanjorski Moore (KS) Scott (GA) Hall (TX) McCaul Rooney Pomeroy Serrano Tonko Kaptur Moore (WI) Scott (VA) Harper McClintock Ros-Lehtinen Price (NC) Sestak Towns Kennedy Moran (VA) Serrano Hastings (WA) McCotter Roskam Rahall Shea-Porter Tsongas Kildee Murphy (CT) Sestak Heller McHenry Royce Rangel Sherman Van Hollen Kilpatrick (MI) Murphy, Patrick Shea-Porter Hensarling McHugh Scalise Reyes Shuler Vela´ zquez Kilroy Murtha Sherman Richardson Sires Herger McKeon Schauer Visclosky Kind Nadler (NY) Sires Hoekstra McMorris Schmidt Rodriguez Skelton Kirkpatrick (AZ) Napolitano Skelton Walz Hunter Rodgers Schock Ross Slaughter Kissell Neal (MA) Slaughter Wasserman Inglis Mica Sensenbrenner Rothman (NJ) Smith (WA) Klein (FL) Nye Smith (WA) Issa Miller (FL) Sessions Roybal-Allard Snyder Schultz Kosmas Oberstar Snyder Jenkins Miller (MI) Shadegg Ruppersberger Solis (CA) Waters Kratovil Obey Solis (CA) Johnson (IL) Miller, Gary Shimkus Rush Space Watson Kucinich Olver Space Johnson, Sam Mitchell Shuster Ryan (OH) Speier Watt Langevin Ortiz Speier Jones Moran (KS) Simpson Ryan (WI) Spratt Waxman Larsen (WA) Pallone Spratt Jordan (OH) Murphy, Tim Smith (NE) Salazar Stark Weiner Larson (CT) Pascrell Stark King (IA) Myrick Smith (NJ) Sa´ nchez, Linda Stupak Welch Lee (CA) Pastor (AZ) Stupak King (NY) Neugebauer Smith (TX) T. Sutton Wexler Levin Payne Sutton Kingston Nunes Souder Sanchez, Loretta Tanner Wilson (OH) Lewis (GA) Pelosi Tanner Kirk Nye Stearns Sarbanes Tauscher Woolsey Loebsack Perlmutter Tauscher Kline (MN) Olson Sullivan Schakowsky Taylor Wu Lofgren, Zoe Perriello Teague Kratovil Paul Terry Schiff Teague Yarmuth Lowey Peters Thompson (CA) Lamborn Paulsen Thompson (PA) Schrader Thompson (CA) Luja´ n Pingree (ME) Thompson (MS) Lance Pence Thornberry Lynch Polis (CO) Tierney Latham Peters Tiahrt NOT VOTING—3 Maffei Pomeroy Titus LaTourette Petri Tiberi Campbell Clyburn Lee (NY) Maloney Price (NC) Tonko Latta Pitts Turner Markey (CO) Rahall Towns Lewis (CA) Platts Upton b 1415 Markey (MA) Rangel Tsongas Linder Poe (TX) Walden Marshall Reyes Van Hollen LoBiondo Posey Wamp Messrs. SERRANO, ADLER of New Massa Richardson Vela´ zquez Lucas Price (GA) Westmoreland Jersey, LARSEN of Washington, Ms. Matheson Rodriguez Visclosky Luetkemeyer Putnam Whitfield Matsui Ross Walz Lummis Radanovich Wilson (SC) WATSON, Messrs. HINCHEY, McCarthy (NY) Rothman (NJ) Wasserman Lungren, Daniel Rehberg Wittman PASCRELL, CARDOZA, RUSH, and McCollum Roybal-Allard Schultz E. Reichert Wolf ELLSWORTH changed their vote from McDermott Ruppersberger Waters Mack Roe (TN) Young (AK) ‘‘yea’’ to ‘‘nay.’’ McGovern Rush Watson Manzullo Rogers (AL) Young (FL) McIntyre Ryan (OH) Watt Messrs. MCKEON, SOUDER, CAR- McMahon Salazar Waxman NAYS—244 NEY, MORAN of Kansas, and YOUNG McNerney Sa´ nchez, Linda Weiner of Alaska changed their vote from Meek (FL) T. Welch Abercrombie Driehaus Kissell Meeks (NY) Sanchez, Loretta Wexler Ackerman Edwards (MD) Klein (FL) ‘‘nay’’ to ‘‘yea.’’ Melancon Sarbanes Wilson (OH) Adler (NJ) Edwards (TX) Kosmas So the motion to recommit was re- Michaud Schakowsky Woolsey Altmire Ellison Kucinich jected. Miller (NC) Schauer Wu Andrews Ellsworth Langevin Miller, George Schiff Yarmuth Baca Engel Larsen (WA) The result of the vote was announced Baird Eshoo Larson (CT) as above recorded. NAYS—183 Baldwin Etheridge Lee (CA) The SPEAKER pro tempore. The Bean Farr Levin Aderholt Diaz-Balart, M. LoBiondo Becerra Fattah Lewis (GA) question is on the conference report. Akin Dreier Lucas Berkley Filner Lipinski Pursuant to clause 10 of rule XX, the Alexander Duncan Luetkemeyer Berman Flake Loebsack yeas and nays are ordered. Austria Ehlers Lummis Berry Foster Lofgren, Zoe Bachmann Emerson Lungren, Daniel Bishop (GA) Frank (MA) Lowey This is a 5-minute vote. Bachus Fallin E. Bishop (NY) Fudge Luja´ n The vote was taken by electronic de- Barrett (SC) Flake Mack Blumenauer Garrett (NJ) Lynch vice, and there were—yeas 246, nays Bartlett Fleming Manzullo Boccieri Giffords Maffei 183, answered ‘‘present’’ 1, not voting 3, Barton (TX) Forbes Marchant Boren Gonzalez Maloney Biggert Fortenberry McCarthy (CA) Boswell Gordon (TN) Markey (CO) as follows: Bilbray Foxx McCaul Boucher Grayson Markey (MA) [Roll No. 70] Bilirakis Franks (AZ) McClintock Boyd Green, Al Marshall Bishop (UT) Frelinghuysen McCotter Brady (PA) Green, Gene Massa YEAS—246 Blackburn Gallegly McHenry Braley (IA) Grijalva Matsui Abercrombie Clarke Filner Blunt Garrett (NJ) McHugh Brown, Corrine Gutierrez McCarthy (NY) Ackerman Clay Foster Boehner Gerlach McKeon Buchanan Hall (NY) McCollum Adler (NJ) Cleaver Frank (MA) Bonner Gingrey (GA) McMorris Butterfield Halvorson McDermott Altmire Cohen Fudge Bono Mack Gohmert Rodgers Capps Hare McGovern Andrews Connolly (VA) Giffords Boozman Goodlatte Mica Capuano Harman McIntyre Arcuri Conyers Gonzalez Boustany Granger Miller (FL) Cardoza Hastings (FL) McMahon Baca Cooper Gordon (TN) Brady (TX) Graves Miller (MI) Carnahan Heinrich McNerney Baird Costa Grayson Bright Griffith Miller, Gary Carson (IN) Herseth Sandlin Meek (FL) Baldwin Costello Green, Al Broun (GA) Guthrie Minnick Castor (FL) Higgins Meeks (NY) Barrow Courtney Green, Gene Brown (SC) Hall (TX) Moran (KS) Clarke Hill Melancon Bean Crowley Grijalva Brown-Waite, Harper Murphy, Tim Clay Himes Michaud Becerra Cuellar Gutierrez Ginny Hastings (WA) Myrick Cleaver Hinchey Miller (NC) Berkley Cummings Hall (NY) Buchanan Heller Neugebauer Cohen Hinojosa Miller, George Berman Dahlkemper Halvorson Burgess Hensarling Nunes Connolly (VA) Hirono Minnick Berry Davis (AL) Hare Burton (IN) Herger Olson Conyers Hodes Mollohan Bishop (GA) Davis (CA) Harman Buyer Hoekstra Paul Cooper Holden Moore (KS) Bishop (NY) Davis (IL) Hastings (FL) Calvert Hunter Paulsen Costa Holt Moore (WI) Blumenauer Davis (TN) Heinrich Camp Inglis Pence Costello Honda Moran (VA) Boccieri DeGette Herseth Sandlin Cantor Issa Peterson Courtney Hoyer Murphy (CT) Boren Delahunt Higgins Cao Jenkins Petri Crowley Inslee Murphy, Patrick Boswell DeLauro Hill Capito Johnson (IL) Pitts Cummings Israel Murtha Boucher Dicks Himes Carter Johnson, Sam Platts Dahlkemper Jackson (IL) Nadler (NY) Boyd Dingell Hinchey Cassidy Jones Poe (TX) Davis (AL) Jackson-Lee Napolitano Brady (PA) Doggett Hinojosa Castle Jordan (OH) Posey Davis (CA) (TX) Neal (MA) Braley (IA) Donnelly (IN) Hirono Chaffetz King (IA) Price (GA) Davis (IL) Johnson (GA) Oberstar Brown, Corrine Doyle Hodes Coble King (NY) Putnam Davis (TN) Johnson, E. B. Obey Butterfield Driehaus Holden Coffman (CO) Kingston Radanovich DeFazio Kagen Olver Capps Edwards (MD) Holt Cole Kirk Rehberg DeGette Kanjorski Ortiz Capuano Edwards (TX) Honda Conaway Kline (MN) Reichert Delahunt Kaptur Pallone Cardoza Ellison Hoyer Crenshaw Lamborn Roe (TN) DeLauro Kennedy Pascrell Carnahan Ellsworth Inslee Culberson Lance Rogers (AL) Dicks Kildee Pastor (AZ) Carney Engel Israel Davis (KY) Latham Rogers (KY) Dingell Kilpatrick (MI) Payne Carson (IN) Eshoo Jackson (IL) Deal (GA) LaTourette Rogers (MI) Doggett Kilroy Pelosi Castor (FL) Etheridge Jackson-Lee DeFazio Latta Rohrabacher Donnelly (IN) Kind Perlmutter Chandler Farr (TX) Dent Lewis (CA) Rooney Doyle Kirkpatrick (AZ) Perriello Childers Fattah Johnson (GA) Diaz-Balart, L. Linder Ros-Lehtinen

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.052 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1588 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Roskam Simpson Tiberi due to the tornado. We appreciate that who make us look good and who serve Royce Smith (NE) Turner Ryan (WI) Smith (NJ) Upton in western New York we take care of the American people although their Scalise Smith (TX) Walden each other, and in the House of Rep- name and their work sometimes is not Schmidt Souder Wamp resentatives we care very much for seen on a daily basis. Schock Stearns Westmoreland each other as well. And so I thank you, Dale, for your Sensenbrenner Sullivan Whitfield Sessions Taylor Wilson (SC) The first responders and all the citi- service to our country. Shadegg Terry Wittman zens of western New York who rushed f Shimkus Thompson (PA) Wolf to help and all the officials of New Shuler Thornberry Young (AK) Shuster Tiahrt Young (FL) York and Washington and the local of- ANNOUNCEMENT BY THE SPEAKER ficials have our thanks and our good PRO TEMPORE ANSWERED ‘‘PRESENT’’—1 wishes. We will do everything that we Lipinski The SPEAKER pro tempore. Without can to try to ease the pain and to ease objection, 5-minute voting will con- the suffering, and hope to God that this tinue. NOT VOTING—3 does not happen to us again. There was no objection. Campbell Clyburn Lee (NY) MOMENT OF SILENCE f ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. HIGGINS. Madam Speaker, I ask The SPEAKER pro tempore (during the House observe a moment of silence COMMEMORATING ABRAHAM LIN- the vote). Members are advised that for the families and the victims of this COLN ON THE BICENTENNIAL OF there are 2 minutes remaining in this tragic event. HIS BIRTH vote. f The SPEAKER pro tempore. The un- b 1424 b 1430 finished business is the question on So the conference report was agreed RECOGNIZING DALE OAK suspending the rules and agreeing to to. the resolution, H. Res. 139. (Mr. OBEY asked and was given per- The Clerk read the title of the resolu- The result of the vote was announced mission to address the House for 1 as above recorded. tion. minute.) The SPEAKER pro tempore. The A motion to reconsider was laid on Mr. OBEY. Mr. Speaker, this is the the table. question is on the motion offered by last time that Dale Oak will be on this the gentleman from Massachusetts f floor serving us as a member of the (Mr. LYNCH) that the House suspend staff of the Appropriations Committee. OFFERING CONDOLENCES TO THE the rules and agree to the resolution, He has been serving as the chief clerk H. Res. 139. VICTIMS AND GRATITUDE TO for the Financial Services Sub- THE RESCUE WORKERS OF CON- The question was taken. committee. He has served the Appro- The SPEAKER pro tempore. In the TINENTAL CONNECTION FLIGHT priations Committee in this House for 3407 opinion of the Chair, two-thirds being 14 years, working for both the Repub- in the affirmative, the ayes have it. (Mr. HIGGINS asked and was given licans and Democrats, as has often Mr. SCOTT of Georgia. Mr. Speaker, permission to address the House for 1 been the tradition on the Appropria- on that I demand the yeas and nays. minute.) tions Committee. He is leaving, and I The yeas and nays were ordered. Mr. HIGGINS. Madam Speaker, I am simply want to thank him for the serv- The SPEAKER pro tempore. This certain that everyone knows by now ice he has given to the Committee and will be a 5-minute vote. approximately 50 people lost their lives to the House, and wish him all the best The vote was taken by electronic de- in a tragic plane crash last night in in his new endeavor. He has been an in- vice, and there were—yeas 403, nays 0, western New York. This crash occurred credibly hard worker, and we are all not voting 29, as follows: in the hometown of our colleague, lucky to have public servants like him [Roll No. 71] CHRIS LEE, who has left Washington to helping us. assist in efforts ongoing in western I yield to the gentleman from Cali- YEAS—403 New York. fornia. Abercrombie Braley (IA) Crenshaw Aderholt Bright Crowley I know that the whole House joins Mr. LEWIS of California. I very much Adler (NJ) Broun (GA) Cuellar Mr. LEE, Mrs. SLAUGHTER, Mr. MASSA, appreciate our chairman yielding. I, Akin Brown (SC) Culberson and me in offering our deepest condo- too, want to express our deepest grati- Alexander Brown, Corrine Cummings Altmire Buchanan Dahlkemper lences to the loved ones of those killed tude to Dale Oak and his family for the Andrews Burgess Davis (AL) in this tragic event and in offering tre- years and years of work and sacrifice Arcuri Burton (IN) Davis (CA) mendous gratitude to the firefighters, they have put in on our behalf. Austria Butterfield Davis (IL) emergency personnel, and other first As the chairman indicated, Dale has Baca Buyer Davis (KY) Bachmann Calvert Davis (TN) responders who bravely worked worked on both sides of the aisle in the Bachus Camp DeFazio through the night and are still working front office, was very helpful to BILL Baird Cantor DeGette today to deal with this accident. YOUNG, I know, and to myself, and now Baldwin Cao Delahunt Barrett (SC) Capito DeLauro I would now yield to my western New to DAVID OBEY. Barrow Capps Dent York colleague, Mrs. SLAUGHTER. The people who really deserve our Bartlett Capuano Diaz-Balart, L. Ms. SLAUGHTER. I appreciate very recognition and thanks, however, in- Barton (TX) Cardoza Dicks much your yielding to me. volve first and foremost Dale’s wife, Bean Carnahan Dingell Becerra Carney Donnelly (IN) We have suffered a terrible blow in Janet, and their children, Eric and Berkley Carson (IN) Dreier western New York. I got home last Anna. Berry Carter Driehaus night about midnight to turn on the Thank you all for your great service. Biggert Cassidy Duncan Bilbray Castle Edwards (MD) television to see the suffering of my Godspeed. Bilirakis Castor (FL) Edwards (TX) people, and my heart breaks for Up- Mr. OBEY. I yield to the gentleman Bishop (GA) Chaffetz Ehlers state New York. Our worst fears were from New York. Bishop (NY) Chandler Ellison confirmed when we learned that no one Mr. SERRANO. With the indulgence Blackburn Childers Ellsworth Blumenauer Clarke Emerson survived that crash, and that one per- of the Members, I know we all want to Boccieri Cleaver Engel son on the ground was lost. They were leave and catch a plane or train, but I Boehner Coble Eshoo less than 5 minutes away from the run- have been fortunate during the 2 years Bonner Coffman (CO) Etheridge Bono Mack Cohen Fallin way at the airport that might have that I have been chairman of this com- Boozman Cole Farr saved their lives. mittee to have Dale Oak as the com- Boren Conaway Fattah It is always a tragedy; and just this mittee clerk. And I want to wish him Boswell Connolly (VA) Filner week we stood with our colleague Mr. all the best and tell the Members that Boucher Conyers Flake Boyd Cooper Fleming COLE to worry and concern with him those individuals who work 24/7 into Brady (PA) Costa Forbes for the loss that he had in his district late at night are people like Dale Oak Brady (TX) Courtney Fortenberry

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.061 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1589 Foster Lofgren, Zoe Rogers (MI) NOT VOTING—29 YVONNE INGRAM-EPHRAIM POST Foxx Lowey Rohrabacher Ackerman Costello Murphy, Tim OFFICE BUILDING Frank (MA) Lucas Rooney Berman Deal (GA) Nunes Franks (AZ) Luetkemeyer Ros-Lehtinen Bishop (UT) Diaz-Balart, M. Obey The SPEAKER pro tempore. The un- ´ Frelinghuysen Lujan Roskam Blunt Doggett Paul finished business is the question on Fudge Lummis Ross Boustany Doyle Petri suspending the rules and passing the Gallegly Lungren, Daniel Rothman (NJ) Brown-Waite, Gohmert Ryan (OH) Garrett (NJ) E. Roybal-Allard Ginny Hinchey Shadegg bill, H.R. 663. Gerlach Lynch Royce Campbell Johnson, E. B. Smith (TX) The Clerk read the title of the bill. Giffords Mack Ruppersberger Clay Lee (NY) Sullivan The SPEAKER pro tempore. The Gingrey (GA) Maffei Rush Clyburn Marchant Taylor question is on the motion offered by Gonzalez Maloney Ryan (WI) Goodlatte Manzullo Salazar the gentleman from Massachusetts Gordon (TN) Markey (CO) Sa´ nchez, Linda b 1440 (Mr. LYNCH) that the House suspend Granger Markey (MA) T. So (two-thirds being in the affirma- the rules and pass the bill, H.R. 663. Graves Marshall Sanchez, Loretta tive) the rules were suspended and the The question was taken; and (two- Grayson Massa Sarbanes Green, Al Matheson Scalise resolution was agreed to. thirds being in the affirmative) the Green, Gene Matsui Schakowsky The result of the vote was announced rules were suspended and the bill was Griffith McCarthy (CA) Schauer as above recorded. passed. Grijalva McCarthy (NY) Schiff A motion to reconsider was laid on A motion to reconsider was laid on Guthrie McCaul Schmidt Gutierrez McClintock Schock the table. the table. Hall (NY) McCollum Schrader Stated for: f Hall (TX) McCotter Schwartz Mr. SHADEGG. Madam Speaker, on rollcall Halvorson McDermott Scott (GA) No. 71, had I been present, I would have CONDITIONAL ADJOURNMENT TO Hare McGovern Scott (VA) TUESDAY, FEBRUARY 17, 2009 Harman McHenry Sensenbrenner voted ‘‘yea.’’ Harper McHugh Serrano Mr. NUNES. Mr. Speaker, on rollcall Mr. DEFAZIO. Mr. Speaker, I ask Hastings (FL) McIntyre Sessions No. 71, the motion to suspend the rules unanimous consent that when the Hastings (WA) McKeon Sestak and agree to H. Res. 139—Commemo- House adjourns today on a motion of- Heinrich McMahon Shea-Porter rating the life and legacy of President Heller McMorris Sherman fered pursuant to this order, it adjourn Hensarling Rodgers Shimkus Abraham Lincoln on the bicentennial to meet 10 a.m. on Tuesday, February Herger McNerney Shuler of his birth, had I been present, I would 17, 2009, unless it sooner has received a Herseth Sandlin Meek (FL) Shuster have voted ‘‘yea.’’ message from the Senate transmitting Higgins Meeks (NY) Simpson its concurrence in House Concurrent Hill Melancon Sires f Himes Mica Skelton Resolution 47, in which case the House Hinojosa Michaud Slaughter shall stand adjourned pursuant to that CONGRATULATING THE Hirono Miller (FL) Smith (NE) concurrent resolution. Hodes Miller (MI) Smith (NJ) PITTSBURGH STEELERS Hoekstra Miller (NC) Smith (WA) The SPEAKER pro tempore. Is there Holden Miller, Gary Snyder The SPEAKER pro tempore (Mr. objection to the request of the gen- Holt Miller, George Solis (CA) BRIGHT). The unfinished business is the tleman from Oregon? Honda Minnick Souder question on suspending the rules and There was no objection. Hoyer Mitchell Space agreeing to the resolution, H. Res. 110. Hunter Mollohan Speier f Inglis Moore (KS) Spratt The Clerk read the title of the resolu- Inslee Moore (WI) Stark tion. TAXPAYER FUNDED GET-OUT-OF- Israel Moran (KS) Stearns The SPEAKER pro tempore. The JAIL-FREE CARD Issa Moran (VA) Stupak question is on the motion offered by Jackson (IL) Murphy (CT) Sutton (Ms. FOXX asked and was given per- Jackson-Lee Murphy, Patrick Tanner the gentleman from Massachusetts mission to address the House for 1 (TX) Murtha Tauscher (Mr. LYNCH) that the House suspend minute.) Jenkins Myrick Teague the rules and agree to the resolution, Ms. FOXX. Mr. Speaker, I would like Johnson (GA) Nadler (NY) Terry H. Res. 110. Johnson (IL) Napolitano Thompson (CA) to highlight one component of the so- Johnson, Sam Neal (MA) Thompson (MS) The question was taken; and (two- called stimulus package that is par- Jones Neugebauer Thompson (PA) thirds being in the affirmative) the ticularly egregious. There is a pile of Jordan (OH) Nye Thornberry rules were suspended and the resolu- money for grants for ‘‘pretrial release Kagen Oberstar Tiahrt tion was agreed to. and pretrial release agencies’’ in the Kanjorski Olson Tiberi A motion to reconsider was laid on Kaptur Olver Tierney stimulus. This is an unacceptable use Kennedy Ortiz Titus the table. of taxpayer dollars. Why? Because this Kildee Pallone Tonko program is a criminal bailout. Expand- Kilpatrick (MI) Pascrell Towns f Kilroy Pastor (AZ) Tsongas ing the budgets of taxpayer-funded pre- Kind Paulsen Turner SUPPORTING THE GOALS AND trial release programs is fiscally irre- Payne King (IA) Upton IDEALS OF AMERICAN HEART sponsible when the private surety bail King (NY) Pence Van Hollen industry can be utilized to a greater ´ MONTH AND NATIONAL WEAR Kingston Perlmutter Velazquez degree with no expense to taxpayers. Kirk Perriello Visclosky RED DAY Kirkpatrick (AZ) Peters Walden In fact, this provision not only puts Kissell Peterson Walz The SPEAKER pro tempore. The un- taxpayers on the hook for bailing out Klein (FL) Pingree (ME) Wamp finished business is the question on criminals, it also would squeeze out Kline (MN) Pitts Wasserman suspending the rules and agreeing to private-sector solutions, in effect, kill- Kosmas Platts Schultz the resolution, H. Res. 112. Kratovil Poe (TX) Waters ing jobs. So much for job creation. Kucinich Polis (CO) Watson The Clerk read the title of the resolu- Mr. Speaker, this is a taxpayer-fund- Lamborn Pomeroy Watt tion. ed get-out-of-jail-free card that will Lance Posey Waxman The SPEAKER pro tempore. The end up costing our economy jobs. It’s Langevin Price (GA) Weiner question is on the motion offered by Larsen (WA) Price (NC) Welch no wonder we were given only 12 hours Larson (CT) Putnam Westmoreland the gentleman from Massachusetts to analyze this 1,000-page bill. Latham Radanovich Wexler (Mr. LYNCH) that the House suspend LaTourette Rahall Whitfield the rules and agree to the resolution, f Latta Rangel Wilson (OH) H. Res. 112. Lee (CA) Rehberg Wilson (SC) b 1445 Levin Reichert Wittman The question was taken; and (two- Lewis (CA) Reyes Wolf thirds being in the affirmative) the OUR COMMITMENT TO SCIENCE Lewis (GA) Richardson Woolsey rules were suspended and the resolu- (Mr. HOLT asked and was given per- Linder Rodriguez Wu tion was agreed to. mission to address the House for 1 Lipinski Roe (TN) Yarmuth LoBiondo Rogers (AL) Young (AK) A motion to reconsider was laid on minute and to revise and extend his re- Loebsack Rogers (KY) Young (FL) the table. marks.)

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.060 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1590 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Mr. HOLT. Mr. Speaker, what pleases age he demonstrated through his serv- over the next couple of years, and that me most about the economic recovery ice will live on. is a near 25-year high. The nonpartisan bill that we just passed is the commit- f CBO is predicting that this plan will ment in this legislation to science. I’m hurt the economy. The majority of WHY WE VOTED FOR THE deeply gratified that the bill reflects a Americans do not agree with this plan. ECONOMIC STIMULUS profound commitment to renewing our They deserve better and we can do bet- Nation’s innovation infrastructure. Re- (Ms. JACKSON-LEE of Texas asked ter. search is not merely a luxury to be un- and was given permission to address Mr. Speaker, I pray that God will dertaken only in times of prosperity. the House for 1 minute.) help America after Congress has passed The truth is that scientific research is Ms. JACKSON-LEE of Texas. Mr. such an expensive, expansionary and perhaps the most powerful economic Speaker, I think it is very important socialist legislation today. that we explain the actions that took engine, creating jobs in the short-term f and building our economy for the long- place on the floor of the House today. term. I’d like to, first of all, indicate that SPECIAL ORDERS Altogether, the recovery package in- I’m glad to have heard that tribute to The SPEAKER pro tempore (Mr. cludes nearly $23 billion to support sci- a very fine individual’s sacrifice for BRIGHT). Under the Speaker’s an- entific research and facilities, the Na- this country. And I want you to know nounced policy of January 6, 2009, and tional Science Foundation, the Depart- that when we think about economic under a previous order of the House, ment of Energy’s Office of Science, the stimulus, we’re not leaving out people, the following Members will be recog- National Institutes of Health. There is we’re putting them in. nized for 5 minutes each. I think the American people under- no doubt that these funds will create f jobs. Lab technicians will be hired to stand that when we lose 598,000 jobs, we carry out projects previously that went need to do something. And so you can PUBLICATION OF THE RULES OF unfunded. Electricians will be put to imagine my friends on the other side of THE SELECT COMMITTEE ON EN- work wiring new laboratory experi- the aisle, their criticism represents ERGY INDEPENDENCE AND ments, and construction workers will this little red spot. But there has to be GLOBAL WARMING, 111TH CON- begin refurbishing our neglected lab- much agreement, because the criticism GRESS oratories and building the facilities is very narrow. The SPEAKER pro tempore. Under a that will transform science for the 21st How can you criticize $4 billion for previous order of the House, the gen- century. our veterans? How can you criticize en- tleman from Massachusetts (Mr. MAR- f couraging businesses to invest through KEY) is recognized for 5 minutes. working to ensure businesses, increas- Mr. MARKEY of Massachusetts. Mr. Speak- A TRIBUTE TO STAFF SERGEANT ing capital flows for business through a JASON E. BURKHOLDER er, pursuant to the House Rules, I am submit- 5-year NOL; encouraging hiring of vet- ting the Rules of the Select Committee on En- (Mr. JORDAN of Ohio asked and was erans and disconnected youth through ergy Independence and Global Warming as given permission to address the House the work opportunity tax grant. That’s well as our list of Members for the 111th Con- for 1 minute.) what’s happening with the stimulus. gress. Mr. JORDAN of Ohio. Mr. Speaker, I Encouraging businesses to invest RULES FOR THE SELECT COMMITTEE ON EN- rise today to honor the life of Staff through a bonus depreciation and small ERGY INDEPENDENCE AND GLOBAL WARMING, Sergeant Jason Burkholder, an Amer- business expensing, that’s what’s in U.S. HOUSE OF REPRESENTATIVES, 111TH ican hero and a native son of Ohio’s this bill. We believe in small businesses CONGRESS Fourth Congressional District who at and minority-owned businesses and Rule 1. General Provisions. The Rules of the age of 27 made the ultimate sac- women-owned businesses. And, yes, we the House are the rules of the Select Com- rifice in defense of our Nation on Feb- believe that the majority of the Amer- mittee on Energy Independence and Global ruary 8, 2009, in Afghanistan. ican people are for this. Warming (hereinafter ‘‘Committee’’) so far Jason graduated from Elida High We’re going home to take money to as they are applicable. School in 2000 and joined the United our constituency. That’s why we voted Rule 2. Time and Place of Meetings. States Marine Corps where he served for the economic stimulus plan. (a) Regular Meeting Days. The Committee for 4 years. In December 2004 he en- shall meet on the first Tuesday of each f month at 10 a.m., for the consideration of listed in the Ohio Army National AMERICANS DESERVE BETTER any pending business, if the House is in ses- Guard, with whom he served as part of sion on that day. If the House is not in ses- Operation Iraqi Freedom. He later (Mr. FLEMING asked and was given sion on that day and the Committee has not joined the Illinois National Guard in permission to address the House for 1 met during such month, the Committee shall 2008. minute.) meet at the earliest practicable opportunity Jason was an athlete, a leader, a Mr. FLEMING. Mr. Speaker, I rise when the House is again in session. The trusted colleague and a loyal friend. He today to speak about the stimulus bill Chairman may, at his discretion, cancel, brought energy and excitement to the that was just passed this afternoon, a delay, or defer any meeting required under bill of wasteful spending, a bill that this section, after consultation with the lives of others. He was a good son and Ranking Minority Member. a loving husband. It was a great privi- does not directly deal with the eco- (b) Additional Meetings. The Chairman lege to speak with Jason’s wife, Aman- nomic crisis. Tax cuts for individuals may call and convene, as he considers nec- da, as well as his parents, Bruce and and families have been sacrificed and essary, additional meetings of the Com- Diane. I pray that they will know the businesses will not be given the help mittee for the consideration of Committee fullness of God’s peace. they need. business. The Committee shall meet for such I was moved by the outpouring of af- But the good news is we’re going to purposes pursuant to that call of the Chair- fection for Jason from his friends in buy new cars for government employ- man. ees, doorbells in Mississippi, and mice (c) Vice Chairman; Presiding Member. The Allen County, Ohio and beyond. He had Chairman may designate a member of the a dramatic impact on the lives of many protection in San Francisco. majority party to serve as Vice Chairman of people. The bill also includes a very scary the Committee. The Vice Chairman shall A marine and a soldier, he fought to marker for universal health care, fore- preside at any meeting or hearing during the promote freedom. He gave his life in shadowing the policy of letting the temporary absence of the Chairman. If the defense of his family, community, government decide whether people are Chairman and Vice Chairman are not present State and Nation. He made our world too old or too sick to receive treat- at any meeting or hearing, the most senior safer. He made his family and every ment. present member of the majority party shall American proud. For this, each and Americans need a bill that directly preside at the meeting or hearing. (d) Open Meetings and Hearings. Each every American owes him and his fam- affects families and small businesses meeting and hearing of the Committee for ily a great debt of gratitude. now. But it won’t come. Even liberal the transaction of business shall be open to Jason will be deeply missed, but the economists predict that the unemploy- the public, including to radio, television and strength of his character and the cour- ment rate will remain around 8 percent still photography coverage, consistent with

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.091 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1591 the provisions of Rule XI of the Rules of the for the record, to be answered by the wit- (b) Supervision of Majority Staff. The pro- House. nesses who have appeared. Each member fessional and clerical staff of the Committee Rule 3. Agenda. The agenda for each Com- shall provide a copy of the questions in an not assigned to the minority shall be under mittee meeting other than a hearing, setting electronic format to the clerk of the Com- the supervision and direction of the Chair- out the date, time, place, and all items of mittee no later than ten business days fol- man, who shall establish and assign the du- business to be considered, shall be provided lowing a hearing. The Chairman shall trans- ties and responsibilities of such staff mem- to each member of the Committee at least 24 mit all questions received from members of bers and delegate such authority as he deter- hours in advance of such meeting. the Committee to the appropriate witness mines appropriate. Rule 4. Procedure. and include the transmittal letter and the (c) Supervision of Minority Staff. The pro- (a) Hearings. The date, time, place, and responses from the witnesses in the hearing fessional and clerical staff assigned to the subject matter of any hearing of the Com- record. minority shall be under the supervision and mittee shall be announced at least one week (C) Opening Statements. (1) All written direction of the Ranking Minority Member, in advance of the commencement of such opening statements at hearings conducted by who shall establish and assign the duties and hearing, unless the Chairman, with the con- the Committee shall be made part of the per- responsibilities of such staff members and currence of the Ranking Minority Member, manent hearing record. delegate such authority as he determines ap- determines in accordance with clause 2(g)(3) (2) The Chairman and Ranking Minority propriate. of Rule XI of the Rules of the House, that Member (or their respective designees) are Rule 10. Committee Expenditures. Copies there is good cause to begin the hearing entitled to deliver a 5 minute opening state- of each monthly report (prepared by the sooner. In such cases, the Chairman shall ment prior to the recognition of the first Chairman of the Committee on House Ad- make the announcement at the earliest pos- witness for testimony. Opening statements ministration and showing expenditures made sible date. by other members of the Committee are sub- during the reporting period and cumulative (b) Meetings. The date, time, place, and ject to the discretion of the Chairman. for the year by the Committee), anticipated subject matter of any meeting (other than a Rule 5. Waiver of Agenda, Notice, and expenditures for the projected Committee hearing) scheduled on a Tuesday, Wednesday, Opening Statement Requirements. Require- program, and detailed information on travel, or Thursday when the House is scheduled to ments of rules 3, 4(a)(1), 4(a)(2), and 4(d) may shall be available to each member. be in session shall be announced at least 24 be waived for good cause by the Chairman, Rule 11. Broadcasting of Committee Hear- hours (exclusive of Saturdays, Sundays, and with the concurrence of the Ranking Minor- ings. Any meeting or hearing that is open to legal holidays, except when the House is in ity Member. the public may be covered in whole or in part session on such days) in advance of the com- Rule 6. Quorum. Testimony may be taken by radio or television or still photography, mencement of such meeting. and evidence received at any hearing at subject to the requirements of clause 4 of (c) Motions. Pursuant to clause 1(a)(2) of which there are present not fewer than two Rule XI of the Rules of the House. The cov- rule XI of the Rules of the House, privileged members of the Committee. A majority of erage of any hearing or other proceeding of motions to recess from day to day, or recess the members of the Committee shall con- the Committee by television, radio, or still subject to the call of the Chair (within 24 stitute a quorum when otherwise required by photography shall be under the direct super- hours), shall be decided without debate. the Rules of the House. For the purposes of vision of the Chairman and may be termi- (d)(1) Requirements for Testimony. Each taking any action other than those specified nated in accordance with the Rules of the witness who is to appear before the Com- in the preceding sentences, one third of the House. mittee shall file with the clerk of the Com- members of the Committee shall constitute Rule 12. Subpoenas. The Committee may mittee, at least two working days in advance a quorum. authorize and issue a subpoena under clause of his or her appearance, sufficient copies, as Rule 7. Journal. The proceedings of the 2(m) of Rule XI of the House. determined by the Chairman, of a written Committee shall be recorded in a journal Rule 13. Travel of Members and Staff. (a) Approval of Travel. Consistent with the statement of his or her proposed testimony which shall, among other things, show those primary expense resolution and such addi- to provide to members and staff of the Com- present at each meeting and hearing, and tional expense resolutions as may have been mittee, the news media, and the general pub- shall include a record of the votes on any approved, travel to be reimbursed from funds lic. Each witness shall, to the greatest ex- question on which a record vote is demanded, a description of the motion, order, or other set aside for the Committee for any member tent practicable, also provide a copy of such or any staff member shall be paid only upon written testimony in an electronic format proposition voted, and the name of each member voting for and each member voting the prior authorization of the Chairman. prescribed by the Chairman. Each witness against such motion, order, or proposition, Travel may be authorized by the Chairman shall limit his or her oral presentation to a and the names of those members voting for any member and any staff member in brief summary of the testimony. The Chair- present. A copy of the journal shall be fur- connection with the attendance of hearings man, or the presiding member, may waive nished to the Ranking Minority Member and conducted by the Committee or any sub- the requirements of this paragraph or any made available to the public in a timely committee thereof and meetings, con- part thereof. fashion. ferences, and investigations which involve (2) Additional Requirements for Testi- Rule 8. Committee Professional and Cler- activities or subject matter under the gen- mony. To the greatest extent practicable, ical Staff. eral jurisdiction of the Committee. Before the written testimony of each witness ap- (a) Committee staff members are subject such authorization is given there shall be pearing in a non-governmental capacity to the provisions of clause 9 of Rule X, as submitted to the Chairman, in writing, the shall include a curriculum vitae and a disclo- well as any written personnel policies the following: (1) the purpose of the travel; (2) sure of the amount and source (by agency Committee may from time to time adopt. the dates during which the travel is to be and program) of any federal grant (or sub The Chairman shall determine the remu- made and the date or dates of the event for grant thereof) or contract (or subcontract neration of legislative and administrative which the travel is being made; (3) the loca- thereof) received during the current fiscal employees of the Committee. tion of the event for which the travel is to be year or either of the two preceding fiscal (b) The Chairman shall appoint, and may made; and (4) the names of members and years by the witness or by an entity rep- remove, the legislative and administrative staff seeking authorization. resented by the witness. employees of the Committee not assigned to (b) Approval of Travel by Minority Mem- (A) Questioning Witnesses. The right to the minority. bers and Staff. In the case of travel by mi- question witnesses before the Committee (c) Minority Professional Staff. Profes- nority party members and minority party shall alternate between majority and minor- sional staff members appointed pursuant to professional staff for the purpose set out in ity members. Each member shall be limited clause 9 of Rule X of the House of Represent- paragraph (a), the prior approval, not only of to 5 minutes in the interrogation of wit- atives, who are assigned to the Ranking Mi- the Chairman but also of the Ranking Minor- nesses until such time as each member who nority Member, and not to the Chairman, ity Member, shall be required. Such prior au- so desires has had an opportunity to question shall be assigned to such Committee business thorization shall be given by the Chairman witnesses. No member shall be recognized for as the Ranking Minority Member considers only upon the representation by the Ranking a second period of 5 minutes to interrogate a advisable. Minority Member, in writing, setting forth witness until each member of the Committee (d) Additional Staff Appointments. In addi- those items enumerated in (1), (2), (3), and (4) present has been recognized once for that tion to the professional staff appointed pur- of paragraph (a). purpose. While the Committee is operating suant to clause 9 of Rule X of the House of Rule 14. Reports. under the 5-minute rule for the interrogation Representatives, the Chairman shall be enti- (a) Committee reports. Any report printed of witnesses, the Chairman shall recognize, tled to make such appointments to the cler- by the U.S. Government Printing Office that in order of appearance, members who were ical staff of the Committee as may be pro- purports to express the views, findings, con- not present when the meeting was called to vided within the budget approved for such clusions or recommendations of the Select order after all members who were present purposes by the Committee. Such appointees Committee must be approved, in a meeting, when the meeting was called to order have shall be assigned to such business of the by a majority of the members in attendance been recognized in the order of seniority on Committee as the Chairman considers advis- of the Select Committee. Members shall the Committee. able. have three days from the time of the ap- (B) Questions for the Record. Subject to Rule 9. Supervision, Duties of Staff. proval to submit supplemental, minority or the Rules of the House, each member may (a) Committee staff members are subject additional views, which will be included as submit to the Chairman additional questions to the provisions of clause 9(b) of Rule X. part of the printed report.

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.066 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1592 CONGRESSIONAL RECORD — HOUSE February 13, 2009 (b) Other reports. Any report printed by The immediate humanitary and eco- that affect the elderly. For example, in the U.S. Government Printing Office to be nomic needs of Afghan people must 2006, the British Government used com- published as a Committee print other than a also be met, we told him. parative effective research to say that document described in paragraph (a) of this Well, Mr. Speaker, as our national elderly patients with macular degen- Rule: (A) shall include on its cover the following statement: ‘‘this document has been policy for Afghanistan is established, eration had to wait until they went printed for informational purposes only and Members of Congress and all Ameri- blind in one eye before they could get does not represent either findings or rec- cans anticipate an honest and open dis- a new drug to save the other eye. It ommendations adopted by this Committee.’’; cussion about the challenges that lie took almost 3 years of public protest and (B) shall not be published following sine ahead. And with that, we look forward before the board reversed its decision. die adjournment of Congress, unless ap- to working with this administration to Mr. Speaker, Americans expect bet- proved by the Chairman of the Committee advance a responsible and a smart ter and deserve more. Physicians and after consultation with the Ranking Minor- strategy through the Middle East and patients, not faceless Federal bureau- ity Member of the Committee. Central Asia, a path to real peace, and crats, should be in charge of health f a path to economic security worldwide. care decisions. THE FUTURE FOR AFGHANISTAN f Republicans will continue to fight to keep this Federal Government out of The SPEAKER pro tempore. Under a KEEP THE GOVERNMENT OUT OF our American’s medicine cabinets. In previous order of the House, the gentle- MEDICAL TREATMENT DECISIONS woman from California (Ms. WOOLSEY) the very near future I’ll be introducing (Mr. HERGER asked and was given is recognized for 5 minutes. legislation to protect patients from the Ms. WOOLSEY. Mr. Speaker, I rise permission to address the House for 1 misuse of comparative effective re- today to shine a light on U.S. foreign minute.) search and ensure that seniors con- policy, specifically our military pres- Mr. HERGER. Mr. Speaker, we just tinue to have access to medically nec- ence in Afghanistan. voted on this so-called stimulus bill essary treatments. President Obama did not ask for this that wasn’t even available for us to see Mr. Speaker, I urge every Member of war. He inherited it, along with Iraq, a until late last night. It should come as this House to join me in this effort. no surprise that in this monumental destabilized Middle East and a weak- f ened American reputation overseas. piece of legislation, there are items in Mr. Speaker, President Obama is it that could not have survived careful b 1500 scrutiny in the light of day. doing exactly what he said he would. THE STIMULUS BILL—A LOST Many of my colleagues have pointed He has called on his top military and OPPORTUNITY diplomatic leaders to develop a plan for out the wildly extravagant spending the future of Afghanistan. Already he and the lack of real job creation and The SPEAKER pro tempore. Under a has reached out to Congress to get our economic recovery in this bill. I fully previous order of the House, the gen- input. share those concerns, but I also want tleman from Oregon (Mr. DEFAZIO) is That’s why this week Congress- to call to attention a little-known pro- recognized for 5 minutes. E women BARBARA LEE and MAXINE WA- vision tucked six pages deep inside this Mr. D FAZIO. There has been a lot of TERS and I sent a letter to the Presi- 1,100 page bill. The Democrats are talk in Washington, D.C. over the last dent outlining congressional priorities spending $1.1 billion on a new Federal few years about the bridge to nowhere regarding Afghanistan. We applauded board to conduct health care research. in the last highway bill, an anomaly the President for his strong leadership Sounds innocent enough, right? from a lot of good investment that was on an intelligent foreign policy and na- Unfortunately, this provision is the in that bill. tional security strategy, particularly camel’s nose under the tent in the But what we have with the passage of his emphasis on diplomacy and inter- Democrats’ quest to have the Federal this bill today are a lot of tax cuts to national partnerships. Government push doctors aside and put nowhere. I never met a tax cut that We pledged to work with him and Washington in charge of patients’ could build a bridge or that could re- work with his administration to imple- health treatment options. This board, build 160,000 bridges in our National ment a foreign policy that stresses co- the Federal coordinating Council on Highway System that need rebuilding. operation, conflict resolution and hu- Comparative Effectiveness Research, They are crumbling or falling or they manitarian assistance. will be comprised of 15 Federal bureau- are functionally obsolete. I never met a We expressed our support and pleas- crats, all appointed by the President. tax cut that could even fill in a pot- ure over his commitment to bring our Not a single practicing physician or pa- hole. I never met a tax cut that could troops home from Iraq in 16 months. tient advocate will be allowed to sit on build a school. Mr. Speaker, this administration has this board. I went to elementary school in a new called Afghanistan the central front in Mr. Speaker, this is the first step of post-World War II school. It is still the fight against terrorism. So, in an government-run health care. Despite there today, serving future generations effort to promote better cooperation in numerous requests from patient of kids. That was money borrowed and our Nation’s diplomatic development groups, this bill does not include a sin- money well spent. Money borrowed for and military involvement in Afghani- gle protection to ensure that this re- tax cuts, ephemeral tax cuts—very stan, our letter to President Obama search will not be used by Medicare, small tax cuts—for the average family outlined policy benchmarks which Medicaid, VA, DOD or private health are not going to rebuild our economy, many of us in Congress support and, by insurance to deny access to needed put us on the path to prosperity and the way, most Americans. These bench- treatments. The goal of this board is to put people back to work. marks include a clear authorization of conduct research that will allow the Three Republican Senators insisted the use of military force be estab- Federal Government to deny needed on a lot more tax cuts. They hijacked lished. Defined goals and objectives health care. Physician groups are very the bill because of the arcane, obsolete and benefits of U.S. involvement in Af- concerned that this board and its re- and, in fact, discretionary rules of the ghanistan. search will significantly harm the pa- Senate. It did not need to be that way. We asked that he determine the tient/doctor relationship. Let’s just look at a couple of things human and financial resources nec- Other governments have been using they cut. essary to carry out the administra- this research to deny medically nec- We had an amendment here on the tion’s plan and provide us with a time essary care for years. The British Gov- floor of the House to add $3 billion line for the redeployment of troops and ernment currently uses similar re- back to transit. That would have pro- military contractors. search to restrict treatment using a vided for thousands of jobs. Twelve The role of the North Atlantic Trea- formula that divides the cost of the thousand buses are obsolete. There are ty Organization, NATO; the United Na- treatment by the number of years the backlogs of orders for buses sitting on tions, the U.N.; and other international patient is likely to live. Treatments for the shelf. There are options that are partners must also be clearly delin- younger patients are more often ap- not funded. That would have put Amer- eated. proved than treatments for diseases ican workers to work in building the

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.067 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1593 buses, and it would have put American I want to congratulate my Democrat I know this is an awful lot for my workers to work by driving the buses, colleagues on getting this passed. I cer- colleagues to digest and for the people taking Americans to work and to tainly did not vote for this bill. I think across this country who might be pay- school. $3 billion was cut from there to it is going to be very detrimental to ing attention to digest, but let me just make room for tax cuts. There was the future economy of these United say this, Mr. Speaker: It is going to money cut from highways to go to tax States, and I think it is going to hurt cause an inflationary trend at some cuts. All of the money to build schools our economy instead of creating the point in the future. I think it is going was cut from the bill for tax cuts. The jobs that it was intended to create. So to be earlier rather than later. When list goes on and on and on. We could I think we made a big mistake today, that inflationary trend starts, this have done so much more to rebuild our but the Democrats got their bill chart is going to be minuscule to what infrastructure with this bill. We could passed, and they’re going to get it we are going to see. We are going to see have done so much more to help our passed in the Senate. It is going to be- inflation shoot up at a very rapid rate, kids get a good education and get safe come law, and every American is going which means that the value of the dol- and new schools and facilities, but they to have to live with it. lar that every American has in their went out the door to tax cuts. One of the things that concerns me is bank or in their home is going to be de- Now, there was one tax cut, actually, not only the $1 trillion we have spent valued. that would have helped a business in today but that Mr. Geithner, the Sec- That means, if you buy a car for my district that employs 1,300 people. retary of the Treasury, said the other $30,000, it may cost $60,000 or $90,000. If That tax cut was taken out of the bill. day that we would have to spend an- you buy a loaf of bread, it may cost 2 The CEO called me yesterday, saying, other $1 trillion, $2 trillion or maybe or 3 times as much or more. That is ‘‘We’ll probably be closing our doors even more to help the financial institu- called hyperinflation. This happened because we’re not going to be getting tions of this country stay afloat. So back in the 1970s when we had a very that tax relief.’’ we’re looking at $2-, $3-, $4-, maybe $5 similar situation to what we have Then there is money to help the trillion. today. We had double-digit inflation, States with the deficit and with the If you will look at this chart, Mr. double-digit unemployment, and they school budgets—that’s great—except it Speaker, it shows the amount of money raised the interest rates to 21 percent cannot be spent until July. My schools that is in circulation. You will see it to stop all of this. That may happen are in crisis now. They’re talking was pretty consistent at around $1 tril- again. If it does, it will put a real ham- about lopping a month off of the school lion-plus over the last couple of dec- mer on the economy, and it will put year, and we are being told we cannot ades. Then just recently, it shot up like more and more and more, thousands spend that money now, that you’ll need a rocket, and that was before all of this and millions of people out of work. it for next year. Well, we’re in the last spending that we put through the But the problem early on is the infla- 3 months of a 9-month year. That House today or the amount of money tion that we are going to have to deal means our cuts are going to be twice as that Mr. Geithner is going to spend. So with. This is a problem that is very big as they would need to be on an an- we are looking at a tremendous in- real, and I hope my Democrat col- nual basis. We need to have access to crease in the amount of money that is leagues will think ahead and will real- that money now, but we won’t have ac- going to be in circulation. cess to that money now under this bill. ize that we have to do something to Now, one of the things that helps stifle the growth in government and This bill ultimately is a lost oppor- stave off this inflationary problem is tunity, and I fear that, when it comes the spending because we are not going that we have people around the world, to be able to deal with this inflation as time to do further investments, the other countries, that loan us money. borrowing well may have run dry. Who we should, and our kids and our For instance, China right now has grandkids and the future generations is going to lend us this $800 billion to loaned us $682 billion. That is what we spend on these sorts of things like tax of this country are going to have to owe them. We owe Japan $577 billion. cuts? pay, not only with inflation, but with We owe the United Kingdom $360 bil- They might lend us money to build a higher taxes and with a lower quality bridge because they know it makes us lion. We owe Brazil $120 billion to $130 of life. That is something we should more productive, and it puts people to billion. not have to deal with, Mr. Speaker. China said just the other day that work, and it provides returns. They they were very concerned about loan- f might lend us money for other substan- ing us money because they said that The SPEAKER pro tempore. Under a tial things. They might lend us money they did not think that the currency in previous order of the House, the gen- for education, but they’re going to lend the United States would be stable, so tleman from California (Mr. GEORGE us money so we can cut taxes. MILLER) is recognized for 5 minutes. If they’ll lend it to us, we’re probably the value of their currency would go down. They were calling Mr. Geithner, (Mr. GEORGE MILLER of California going to borrow it from China or from addressed the House. His remarks will Japan. We’ll think there are not going Secretary Geithner, to say, ‘‘Hey, we want some stability here because the appear hereafter in the Extensions of to be any consequences, and we’ll think Remarks.) that maybe we can go back to the well value of the currency in our country is again later when we want to meet real going to be depreciated because of what f you’re doing.’’ needs and when we want to make real TURKEY’S GENOCIDE HYPOCRISY investments. I fear that the well will Well, a day later, after it was have run dry. So I voted ‘‘no’’ today, brought up on this floor, they changed The SPEAKER pro tempore. Under a and I am proud of that vote. their minds and said, ‘‘Well, the only previous order of the House, the gen- place to loan this money where we tleman from New Jersey (Mr. PALLONE) f have any kind of security is the United is recognized for 5 minutes. THE STIMULUS BILL States. We are going to continue to Mr. PALLONE. On Saturday, Feb- The SPEAKER pro tempore. Under a loan money.’’ So they are going to loan ruary 7, The Washington Post reported previous order of the House, the gen- money to us in the billions and in the that a Turkish Islamic-oriented human tleman from Indiana (Mr. BURTON) is trillions of dollars, but the kicker is: rights group, the Association of Human recognized for 5 minutes. How much is the interest going to be Rights and Solidarity for Oppressed Mr. BURTON of Indiana. Mr. Speak- that they’re going to charge? Because Peoples, known as Mazlum-Der, initi- er, today we passed the largest spend- that interest is added to the loan that ated a probe to investigate if war ing bill in the history of the United they are giving us on a month-to- crimes and genocide were committed States. When you add the interest and month basis. I believe they kicked that by Israel during the recent Gaza con- everything into it, it is going to cost interest rate up, so we are going to see flict. over $1 trillion. I don’t think the Amer- an inflationary trend not only in the I was startled to read that Mazlum- ican people really understand how money they are loaning to us but in Der plans to investigate 19 Israelis, in- much $1 trillion is, but it is an awful the interest that is going to be accu- cluding Prime Minister Olmert, Presi- lot of money. mulating. dent Peres, Foreign Minister Tzipi

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.094 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1594 CONGRESSIONAL RECORD — HOUSE February 13, 2009 Livni, and Defense Minister Ehud lies. While the international commu- ‘‘Do they know what it feels like to Barak, for orchestrating genocide. For nity fiercely works to contain al- return the shirts you just bought for a Nation that for 94 years has practiced Bashir’s government, Turkey embraces work on clearance, because you really widespread genocide denial of the kill- it. Both governments have a long his- needed new shirts, and now you don’t ing of 1.5 million Armenians, hypocrisy tory of genocide denial. even have a job? runs deep today in Ankara. Mr. Speaker, the Republic of Turkey ‘‘Do they know that when I told my Last week, I expressed my concerns has had 94 years to recognize the Arme- 7-year-old son we just had to make regarding Turkey’s recent rash of anti- nian genocide perpetrated on their soil cuts, and he responded, ‘Can we still Semitism, but this probe is going too in 1915. Like the Sudanese Govern- have our donut on Sunday morning be- far. Israel did not commit genocide, ment, the Turkish Government’s state- fore church?’ That’s all he said he but this has not stopped Ankara’s chief sponsored ethnic cleansing of the Ar- wanted. I had to tell him we’d try our prosecutor from launching this war menians in the early 20th century left best. crimes probe. 1.5 million Armenians tortured, mur- ‘‘Do they know we’ve made sacrifices The probe out of Turkey will inves- dered and displaced. Yet, to this day, but you haven’t? tigate Israel’s actions in the Gaza con- the Republic of Turkey continues to ‘‘Do they know what it’s like to flict to see if they amount to ‘‘geno- deny the slaughter of the Armenians— speak with someone who was in tears cide, torture and crimes against hu- instead, launching an absurd investiga- over losing their job because they manity.’’ If the prosecutor finds evi- tion into Israel. think they will lose their house? How dence against the Israeli leaders, under If Turkey and its NGOs want to take about the always upbeat guy who Turkish law, they can be detained if a stand against genocide, they should sounded depressed that he could lose they enter Turkey. not be pointing at Israel, nor should his house because he had just lost his The absurdity of this probe and of Turkish Prime Minister Erdogan be job? the fact that Turkey is issuing that it threatening Israel with comments like ‘‘Do they know what it’s like to have must be exposed. Israel did not commit these: another coworker lose their job and are genocide. Israel was not attempting to ‘‘Allah will sooner or later punish worried their spouse’s job could be eliminate the Palestinian people. Israel those who transgress the rights of in- next? was protecting itself from the hundreds nocents.’’ ‘‘Do they know how fearful it is to of bombs Hamas has been shooting into Well, if Turkey wants to move closer turn your heat down at night to 59 de- its cities. to the West, it should practice some grees and 65 in the day when your child Mazlum-Der has no ground to stand self-reflection on its own history re- is asthmatic and it can flare up from on, and Turkey has no ground to stand garding the Armenian genocide and the cold? on. Neither this NGO nor the Turkish help to end the genocide in Darfur. ‘‘Do they know about the guy I just Government has ever attempted to dis- met whose entire company just took a f cuss the truth of the Armenian geno- 20-percent pay cut so they wouldn’t cide, nor has Turkey or Mazlum-Der b 1515 have to lay off employees? ‘‘Congressman McCotter, why doesn’t taken action against the present geno- DOES CONGRESS KNOW cide that continues to rage in Darfur. the Senate have the guts to reject the While Israelis are defending them- The SPEAKER pro tempore. Under a pork spending portions of this bill and selves against constant attacks from previous order of the House, the gen- start over? Why don’t you get off your Hamas, Mazlum-Der insists this is tleman from Michigan (Mr. MCCOTTER) ivory tower, pork barrel, earmarked, genocide. How can this organization is recognized for 5 minutes. pet project behinds and do what we accuse Israel of committing genocide Mr. MCCOTTER. You know, the need you to do?’’ when it has yet to categorize the thou- Chamber is empty, the voting is over. And Greg finished, ‘‘The wasteful sands of killings in Darfur as genocide? But as regards to the stimulus bill that spending they are considering is uncon- The Turkish people need to step back was in front of us today, I had a re- scionable to me. What jobs in the U.S. and question their skewed under- quest from Greg, who lives in Milford does that create?’’ standing of genocide. Look in the mir- in my district, if I could read a part of Earlier today we heard the Speaker ror. Look at your own history. Come to his letter to me regarding that bill. ask Members of this body to remember terms with the fact that 1.5 million Ar- ‘‘Dear Congressman McCotter, I the people at home and feel their hand menians died and that, when contem- spoke with you on WJR Friday morn- upon theirs as they cast their vote porary genocides, like Darfur, take ing. I couldn’t get out everything I upon this bill. I did not need to feel the place, they should be denounced. wanted to say because of my frustra- hand upon mine. I felt their pain in my Instead of denouncing it, Turkey’s tion. I would love to talk before Con- heart because I saw it every day in our relationship with Sudan is strong. Last gress and the Senate. I would like to Michigan neighborhood, our Michigan year, Turkish President Abdullah Gul talk to them about the deplorable, rep- community. warmly welcomed Sudanese President rehensible, and egregious waste they And the reality was that the bill be- Omar al-Bashir to Ankara. Yet al- are considering with our tax dollars. fore us was a trillion-dollar mistake Bashir continues to preside over a gen- I’m sorry this is long, but I want them that will harm working families like ocidal regime responsible for the to see what I see. And I want to ask Greg, deprive them of hope, and dam- deaths of 300,000 Sudanese people in the them a few questions. age our already recessed economy. Darfur region of the country. ‘‘You see, I just lost my job. The So before today’s vote, I called Greg Today, 2.7 million Darfuris have lost company I worked for is eliminating and I talked to him. He was as set in their homes since the conflict and now 700 sales positions nationwide, about 15 his position as he was when he wrote live in internally displaced persons’ will be affected in Michigan. me this letter. And Greg thanked me camps. While all of this happens, Presi- ‘‘I would like to ask the Congress and for voting against it. And the funda- dent Gul of Turkey has said that the Senate if they know what it’s like to mental reason was this: I live in situation in Darfur adds up to a ‘‘hu- sit at the dinner table and tell your 11- Lavonia, Michigan. I live with people manitarian tragedy’’ caused by eco- year-old daughter that she can’t get a who are suffering. And they sent me nomic difficulties. school yearbook because we need the here to work for them to try to make Now, this watering down of state- money to buy groceries. Do they know things better. sponsored government killing is an af- what it’s like to see the tears in your And when I go home, after a vote, to front to the thousands who have per- wife’s eyes when you tell her the con- my wife and children, I go home to the ished in Darfur. Yet a Turkish organi- ference call you were just on elimi- people who are suffering as well; and I zation is investigating genocide in nated your position? will have to look them in the eye and Israel? What hypocrisy. ‘‘Do they know what it feels like to tell them whether this trillion-dollar President Gul greeted the Sudanese tell your father-in-law that the daugh- bill helped them or not. And with God leader with a military guard of honor ter I married and promised to provide as my witness, I will at least be able to only bestowed on Turkey’s closest al- for that you just lost your job? tell them the truth that it will not.

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.097 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1595 And I will tell them that we will keep Kennedy in the early 1960s. He had just announcing that they will impose a trying until we do right by them. brought about broad, across-the-board, moratorium on mortgage foreclosures. In response to a request from Con- f marginal rate reduction. gress during hearings chaired by Chair- The SPEAKER pro tempore. Under a Let me tell you what that brought man FRANK, CitiGroup, Morgan Stan- previous order of the House, the gen- about, too. It brought about an increase in the flow of revenues to the ley, J.P. Morgan, and Bank of America tleman from Texas (Mr. POE) is recog- Federal Treasury. In fact, the top in- today announced plans to suspend fore- nized for 5 minutes. closures for the next few weeks or until (Mr. POE of Texas addressed the come tax rate was cut from the 90 percent to 70 percent, and revenues to the the President’s new plan is in place. House. His remarks will appear here- These actions create breathing space after in the Extensions of Remarks.) Federal Government increased by 62 percent. It actually grew revenues to to allow the new administration to de- f the Treasury by reducing those rates. velop and the private sector to implement a new plan to reduce foreclosures INDIVIDUALS ARE SUFFERING Also at that same period of time, tax collections from the top bracket, those and to help Americans stay in their The SPEAKER pro tempore. Under a in the top bracket, grew by 57 percent, homes. previous order of the House, the gen- meaning those who had marginal rate We cannot solve our economic crisis tleman from California (Mr. DREIER) is reduction at the top end actually paid until we solve our housing crisis. And recognized for 5 minutes. more in taxes because of the economic leaders of our financial sector have the Mr. DREIER. Following up on the growth and that was juxtaposed to tax ability and responsibility to help lead very thoughtful remarks of my friend, collections all the way across the board our recovery. As a representative from the State of Mr. MCCOTTER, I’d like to say that we from the Kennedy tax cuts which only New York, I applaud these New York all have instance after instance of indi- grew revenues by only 11 percent. viduals who have been suffering great- And then, Mr. Speaker, I was very financial institutions for being the ly. privileged to come here following the first to step forward and take up this I, this morning, as we opened this de- 1980 election, and we had the last seri- challenge. And I urge all other mort- bate, talked about a great tragedy, ous economic downturn that we faced gage institutions to follow their exam- that being the fact that a man called as a Nation, nearly three decades ago, ple, to take similar steps to help Amer- my office saying that his young son’s and Ronald Reagan pursued the same icans stay in their home. Mr. Speaker, I would also like to best friend had just informed him that policies that were pursued by John F. really underscore the importance of his father had committed suicide. Kennedy. He brought about sweeping the vote, the historic vote that we had That’s clearly the most painful story marginal rate reduction; and Mr. a chance to vote on today. And I cast a you can hear of the impact of what Speaker, that grew the flow of reve- ballot to help create 3.5 million new we’re feeling now with this economic nues to the flow of Treasury nearly jobs and give tax credits to 95 percent downturn. doubling that flow of revenues. of working Americans. This was a It has been absolutely devastating. And the share of tax payments by the chance to begin to move our country Friends who’ve lost their homes, lost top ten percent—again, the top 10 per- forward by investing in and modern- their jobs, lost their savings; we are cent of wage earners in this country izing our health and education sys- dealing with what obviously is a very, grew from had 48 percent to more than tems, and we can do it in a way that is very difficult time. That’s the reason 57 percent. That means those in the top accountable and transparent, as the that there is such passion on this deten percent of income levels actually legislation required. And as I noted, bate. had an increase of nearly 10 percentage the private sector is also playing a cru- Now, I quoted earlier during the de- points, nearly 10 percentage points in cial and important role. bate the words of Henry Morgenthau the flow of revenues that came in from If we work together, we can put who was the Secretary of the Treasury the Federal Treasury—or actually they under Franklin Delano Roosevelt who, America back to work. were paying more in taxes, from 48 per- Thank you very much. in 1939 after going years through the cent to 57 percent while the share that New Deal, said the following before the was borne by the top 1 percent—the f The SPEAKER pro tempore. Under a House Ways and Means Committee in very rich—grew even more dramati- previous order of the House, the gen- testimony. He said, ‘‘We have tried cally, 17 percent to nearly 28 percent, tleman from North Carolina (Mr. spending money. We’re spending more thus, the flow of tax payments that JONES) is recognized for 5 minutes. than we have ever spent, and it does came from those people who were the (Mr. JONES addressed the House. His not work. I say after 8 years of this very richest in this country. remarks will appear hereafter in the Roosevelt administration, we have just That’s why, Mr. Speaker, we are ar- Extensions of Remarks.) as much unemployment as when we guing that the economic stimulus started, and an enormous debt to working group that was put together f boot.’’ by Leader BOEHNER and shared by our The SPEAKER pro tempore. Under a Now, Mr. Speaker, that is the reason distinguished whip Mr. CANTOR used previous order of the House, the gentle- that we feel that we can’t just say these models of proven examples, not woman from Ohio (Ms. KAPTUR) is rec- ‘‘no.’’ We know that that is not the the failed policies that were pointed to ognized for 5 minutes. panacea that many people believe that by Secretary Morgenthau in 1939, but (Ms. KAPTUR addressed the House. it is, and instead we need to focus on the success following the 1961 cut and Her remarks will appear hereafter in what works. And instance after in- the 1981 cut. That’s why we’re not sim- the Extensions of Remarks.) stance, Mr. Speaker, has shown what ply saying ‘‘no,’’ Mr. Speaker. We are f does work. saying, let’s put a positive economic The SPEAKER pro tempore. Under a In 1961, President John F. Kennedy— growth package together. We’re going previous order of the House, the gen- and this underscores this great quest to continue to fight on behalf of that. tleman from Texas (Mr. PAUL) is recog- for bipartisanship—delivered a speech f nized for 5 minutes. to the Economic Club of New York—ac- (Mr. PAUL addressed the House. His tually it was a year later in 1962. And IF WE WORK TOGETHER, WE CAN remarks will appear hereafter in the in that speech, he said ‘‘to increase de- PUT AMERICA BACK TO WORK Extensions of Remarks.) mand and lift the economy, the federal The SPEAKER pro tempore. Under a f government’s most useful role is not to previous order of the House, the gentle- The SPEAKER pro tempore. Under a rush into a program of excessive in- woman from New York (Mrs. MALONEY) previous order of the House, the gen- creases in public expenditures, but to is recognized for 5 minutes. tleman from Louisiana (Mr. CASSIDY) is expand the incentives and opportuni- Mrs. MALONEY. Mr. Speaker, today recognized for 5 minutes. ties for private expenditures.’’ we took a historic step toward eco- (Mr. CASSIDY addressed the House. Now, those are the words, Mr. Speak- nomic recovery, and four financial gi- His remarks will appear hereafter in er, of Democratic President John F. ants took another important step in the Extensions of Remarks.)

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.098 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1596 CONGRESSIONAL RECORD — HOUSE February 13, 2009 The SPEAKER pro tempore. Under a the lack of consideration given to our tant enough that we need to spend previous order of the House, the gen- ideas on how we could have made this money on them, then we clearly ought tleman from New Jersey (Mr. HOLT) is better, the overall lack of consider- to be spending our own money on them recognized for 5 minutes. ation considering the substantial size and not future generations of Ameri- (Mr. HOLT addressed the House. His of this particular bill that was given cans. remarks will appear hereafter in the over the last 2 weeks. You hate to use So, Mr. Speaker, just before I yield Extensions of Remarks.) a phrase that’s been worn out, but back, I appreciate the time. I just f ‘‘rush to judgment’’ comes to mind wanted to express how disappointed I The SPEAKER pro tempore. Under a when you look at the activity that am in the action of the House today in previous order of the House, the gen- went on. passing a monster of a bill that does tleman from New Jersey (Mr. SCHOCK) This House voted earlier this week— not address the jobs that it was sup- is recognized for 5 minutes. it was a unanimous vote—which posed to. It simply spends more money (Mr. SCHOCK addressed the House. doesn’t happen except on post office and is a legacy, generates higher spend- His remarks will appear hereafter in namings—a unanimous vote that we ing on an annual year-after-year basis the Extensions of Remarks.) would have 48 hours to look at this bill, because of some of the floors that f that our constituents would have 48 we’ve put under many of these prob- The SPEAKER pro tempore. Under a hours to look at this bill, that America lems that we couldn’t afford before we previous order of the House, the gen- would have a chance to see what we did this, and we simply can’t afford on were voting on, and that was unani- a going-forward basis as well. tleman from Georgia (Mr. BROUN) is recognized for 5 minutes. mous. f (Mr. BROUN of Georgia addressed the And, Mr. Speaker, it’s totally within your prerogatives as to when things APPOINTMENT OF MEMBER TO House. His remarks will appear here- U.S. GROUP OF THE NATO PAR- after in the Extensions of Remarks.) come to the House. That’s one of the wonderful things about being Speaker, LIAMENTARY ASSEMBLY f and it is great to be Speaker. But I’m The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Under a disappointed that you didn’t honor the ant to 22 U.S.C. 1928a, and the order of previous order of the House, the gentle- wishes, the unanimous wishes of 403 of the House of January 6, 2009, the Chair woman from North Carolina (Ms. FOXX) us, that thought we needed 48 hours to announces the Speaker’s appointment is recognized for 5 minutes. look at this bill. of the following Member of the House (Ms. FOXX addressed the House. Her to the United States Group of the b 1530 remarks will appear hereafter in the NATO Parliamentary Assembly: Extensions of Remarks.) The real losers in this bill—and there Mr. TANNER, Tennessee, Chairman f are lots of losers—but the real losers in f The SPEAKER pro tempore. Under a this bill are our future children, future previous order of the House, the gen- generations of Americans who will be THE ECONOMIC STIMULUS BILL tleman from Louisiana (Mr. FLEMING) forever saddled with the debt that is The SPEAKER pro tempore. Under is recognized for 5 minutes. going to be borrowed to pay for this the Speaker’s announced policy of Jan- (Mr. FLEMING addressed the House. bill. Tucked away in the corner of one uary 6, 2009, the gentleman from Geor- His remarks will appear hereafter in of these bills is an increase in the debt gia (Mr. GINGREY) is recognized for 60 the Extensions of Remarks.) limit to $12 trillion. That debt will minutes as the designee of the minor- f never get paid back. ity leader. The SPEAKER pro tempore. Under a I had an interesting exchange with a Mr. GINGREY of Georgia. Mr. Speak- previous order of the House, the gen- young fifth grader in Fredericksburg, er, it’s a pleasure to have the hour—I tleman from California (Mr. SCHIFF) is Texas, last October who asked me the probably won’t take a full hour—but to recognized for 5 minutes. single best question I’ve ever been have the opportunity to speak to my (Mr. SCHIFF addressed the House. asked during a town hall meeting. He colleagues on both sides of the aisle His remarks will appear hereafter in said, Mr. Congressman, what’s the plan and, in particular, follow my colleague the Extensions of Remarks.) to pay off the national debt? And I was from Texas, the gentleman who just rocked back on my heels because I had spoke, the words of wisdom that he ex- f never been asked anything that pressed, the gentleman, Mr. CONAWAY, RUSH TO JUDGMENT ON straightforward important, and I had who is a certified public accountant, as STIMULUS BILL VOTE to say, well, young man, there is no he described the problems with this bill The SPEAKER pro tempore. Under a plan to pay off the national debt. The that was passed on the floor today, Mr. previous order of the House, the gen- money we borrow today is permanent Speaker, and no doubt will be passed tleman from Texas (Mr. CONAWAY) is debt. In order to pay debt off, you have by the Senate tomorrow and probably recognized for 5 minutes. to run a surplus. This Federal Govern- signed into law by President Obama on Mr. CONAWAY. Mr. Speaker, I appre- ment rarely ever runs a surplus, cer- Monday. ciate your indulgence this afternoon. tainly never to the tune of $12 trillion The thing that I want to express, and Earlier this afternoon, this House And so future generations will be I think that Mr. CONAWAY and some passed the single largest spending bill paying interest not only on this $800 other speakers on our side of the aisle that has ever come across the work ac- billion but also the $12 trillion that said as they spoke about this bill, was tivity of this body. There was tepid ap- we’ve accumulated—and there’s plenty not that we on the Republican side are plause on the other side of the aisle for of blame to go around for that—for the opposed to doing something. I mean, the passage of this bill, I think in rec- rest of their lives and the lives of their we don’t want to just do nothing. Al- ognition that none of us really know if children and the lives of their children though, Mr. Speaker, I firmly believe it will work. Most of us on our side of because this debt will not get paid off. that doing nothing would be better the aisle don’t believe it will work, be- It is a sad day, Mr. Speaker, for the than the harm that’s likely to be in- lieve it was the wrong issue to do, the taxpayers and future generations of flicted on our economy and, as Mr. wrong way to address a very serious taxpayers that my generation, the one CONAWAY said, on our children and issue. just ahead of me and the one just be- grandchildren by the enactment of this Americans all across this country are hind me, believe in our core that it is legislation where we’re spending al- suffering: people losing their jobs, los- an appropriate way to address prob- most $1.2 trillion when you include the ing their homes, struggling to make lems that we’re having by taking interest on the debt, that putting that ends meet. All of the things that go on money that we haven’t earned, that burden on the backs of our future gen- during a recession. These are serious has not even yet been earned by our erations without an absolute assur- times. grandkids and working on problems ance, without an absolute assurance, My colleagues have been up here all that we need to solve that are impor- Mr. Speaker, that those 4 million jobs day stating over and over ad nauseam tant to us. If the problems are impor- would be created and that this would

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.106 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1597 jump-start our economy and get us out within that, yeah, there were some that. We are in favor of that. But in of this deep recession. good things but a whole lot of things this final bill that was passed on the Even with that, I would have some that are not good, and I will try to floor of this House today, about 7 per- concerns, but Vice President BIDEN just speak to some of that as we proceed. cent of the money, about 7, not 70, Mr. said the other day that he thought that But the idea of shutting out the mi- Speaker, but 7 percent of the money this bill had about a 30 percent chance nority and not letting them speak on goes to those infrastructure projects of failure. Now, you think about that. behalf of the constituents that they within our States. And I do believe We’re going to take money, Federal represent, every one of us, 178 Repub- that more money spent on those money, that we really don’t have in the licans represent about 675,000 people in projects would indeed put people back Treasury. We hope that we can sell their respective districts. And quite to work and get the economy going, these bonds and this Federal paper, honestly, 50 very conservative Demo- and I was very much in favor of that. Treasury notes to people on the open crats, they call themselves the Blue But the other thing that we felt very market. Probably some foreign govern- Dogs. Many of them are from Southern strongly about, though, was the oppor- ments like China and others might buy States, good Members, also rep- tunity to let people keep more of their some of this. But if they don’t, then resenting 675,000 people, and fiscally own money, and that’s why the Repub- it’s just simply a matter of running the conservative. They were shut out. They lican alternative had a 5 percent cut in printing press to come up with this didn’t get an opportunity. That’s why the tax rate of everybody who pays money, and of course, as we all know this vote ended up being—even though taxes, no matter what your income. If that weakens our dollar. It leads to in- the Democratic majority prevailed, the you’re paying at the 36 percent brack- flation. And so I’m not surprised when bipartisanship on the vote was on the et, you’d pay 31 percent. If you’re pay- Vice President JOE BIDEN said, well, ‘‘no’’ side. That means that every sin- ing at the 28 percent bracket, you’d look, there was no guarantee, we’re gle Republican in this body, Mr. Speak- pay 23 percent. If you’re paying at the doing the best we can. We hope it er, all 178 of us voted no, and we were 15 percent, 10, and the 10, 5. You get it. works, but it’s probably got about a 30 joined by six or eight Democrats who Everybody, across-the-board 5 percent percent chance of failure. all voted ‘‘no,’’ and all for the same cut in their Federal tax burden, and For my money, Mr. Speaker, that is reason. immediately start seeing that money too great a chance of failure. It is just The Republican Members are not all in their paycheck, not going to Uncle not worth that, and that’s why I say the same on every issue. We have con- Sam. that, in fact, doing nothing probably servative Members on social issues, And also, you know, that the Repub- would be better. And although we like myself, and we have some Mem- lican alternative felt very strongly the would go through some tough times bers who are socially moderate. But way to create jobs in this country or to economically, as we are now, indeed what you saw today is the coming to- preserve jobs—President Obama said people are suffering, and it may take 2 gether of the Republican minority on create 4 million or save 4 million. He’s or 3 years to get out of this recession, one thing that we absolutely always a little vague on that. But if you cut but the Republican minority has a agree on and that we will always stand the corporate income tax rate from 35 plan. We’re not just standing in the for and what I think defines us from to 25, and that’s in the Republican al- doorway blocking any kind of meaning- the majority party. There’s a dif- ternative, the small businessmen and ful, good legislation. We want some- ference. There’s no question about it, -women who usually pay as individuals, thing to work. We don’t want it to take and that difference is, we on the Re- they’re not S corporations or C cor- 3 or 4 years. We want to try to stimu- publican side, Mr. Speaker, believe in porations or LLCs or whatever you call late this. limited Federal Government, and we it. But that would give them an oppor- And that’s what our leader said on believe in reduced spending and let the tunity, Mr. Speaker, to make more the floor this afternoon as we debated States do what they can for themselves profit, to be able to expand their prod- this issue, and finally, Madam Speaker and the people do what they can for uct line, add on to the size of their spoke and our leader BOEHNER spoke, themselves. Let them keep more of building, bring in more people, hire the chairman of the Appropriations their own hard-earned money. That more people and get more people who Committee on the majority side, Mr. means individual employees. It also are earning a paycheck and indeed pay- OBEY, spoke. But it’s really the words means employer—these small, mom- ing taxes but at a lower rate. of Mr. BOEHNER I think I would want and-pop companies. my colleagues and anybody within Most of the jobs in this country, as b 1545 shouting distance to remember what he we all know, are created by those And the final analysis, as we have said. small, mom-and-pop companies, less proven under Presidents Kennedy in We who voted ‘‘no’’ on this bill are than, far less than 50 employees. We’re 1960, Reagan in 1980, and during the fully aware, fully cognizant of the fact not talking about the Microsofts and Bush administration in the early 2001, that people in every single district in the Home Depots and the Coca-Colas 2000, when you cut taxes and you let this country, all 435 of them, my 11th and the huge companies. We’re talking people keep more of their money, you of Georgia absolutely—the State of about these small companies that do grow jobs. And we did that. Nobody Georgia is facing a $3 billion deficit, would, if you gave them an opportunity can deny that. They could be critical of and like most States, they have to bal- to keep more of their own money—and a lot of things. And mistakes are al- ance their budget. So times are tough, that’s basically what the Republican ways made. And it’s easy to be Monday and as JOHN BOEHNER said, and I would plan was, Mr. Speaker, as you know, morning quarterbacking. repeat here now, Mr. Speaker, we want that we felt like in this bill, that there But, without question, that type of to do something. should be some spending, and the economic philosophy and approach is Unfortunately, the plan that the mi- amount of spending should be signifi- what increases the Federal revenue be- nority Republican party had was given cant on infrastructure projects. After cause it grows jobs, it expands the job no opportunity to be presented. There all, that’s what was talked about for a base. was no subcommittee hearings. There month or 6 weeks ahead of time: we are So, these were some of the things were no full committee hearings. There going to put people back to work in that we had proposed but yet never saw was no opportunity for amendments to this country on repairing bridges, re- the light of day. And it’s sad because I be presented on the floor, so-called at building roads, putting more money truly believe that that would work. least a modified open rule, where both into rapid transit across all 50 of the In addition, Mr. Speaker, to the tax Republicans and Democrats would have States. cuts, the other things of significance in an opportunity to say, you know, we And each State, Mr. Speaker, was the Republican alternative was to need to change this. There are some asked to submit a list of projects called pledge—indeed, it’s law, had we passed good in this bill. I think it’s a 1,000- shovel ready—shovel-ready projects so it—1 percent reduction. One percent. I page bill. We had it on the floor earlier. that they could start turning dirt with- know that doesn’t sound like a lot but, Remember, it was about that high. It’s in 90 days. I think the bill finally ex- believe me, up here inside the Beltway probably six or eight Bibles thick. And tended to 120 days. We were in favor of it’s pretty hard to cut anything. But

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.113 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1598 CONGRESSIONAL RECORD — HOUSE February 13, 2009 we were talking about cutting 1 per- So, doing this now, instead of letting it’s downright depressing, is what it is. cent of spending across the board, ex- the government decide how we spend Not just scary, but it’s downright de- cept for our national defense. Preserve the $1 trillion. Let the families decide pressing. the spending on our national defense. how the $1 trillion are spent. ‘‘Instead And speaking of that money that was Continue to keep this country safe and of condoms, green golf carts, mouse spent on the New Deal, and I know peo- not pull the rug out from under the habitats, and government-run health ple love to say, Well, FDR was one of men and women who are doing the care, Americans would spend based on our greatest Presidents, and no doubt fighting and the suffering and the individual priorities, thus spurring he was a man of great courage; great dying to keep us safe. But, across the competition, resulting in higher-qual- personal courage. Overcame tremen- board, every other spending category, 1 ity goods and services. Good banks suc- dous adversity physically and was our percent cut. ceed; bad banks fail. Well-priced, qual- President during very difficult times of These are the kind of things that I ity automobiles hit the streets; lemons World War II, and did some wonderful wanted to talk about to my colleagues fade away. Capitalism lives to fight an- things. And I commend him for that. and make sure, on both sides of the other day and the greatest country on But I am not so sure the New Deal aisle, but I am particularly talking to earth narrowly survives its near-death was such a good deal. In fact, it may my friends on the majority side so that experience with socialism.’’ very well have been a raw deal. Let me they do understand and your constitu- She goes on to say, ‘‘So here’s a chal- quote someone who should know better ents understand that we’re not in the lenge for every Member of Congress.’’ than I, because he was there. He lived minority hoping for failure, we’re not Mr. Speaker, that is us, me and you through it. He advised President Roo- hoping that President Obama is unsuc- and our colleagues on both sides of the sevelt. He was President Roosevelt’s cessful. Nothing could be further from aisle. ‘‘So here’s a challenge to every Secretary of the Treasury, and his the truth. We want President Obama to Member of Congress or, more accu- name was Henry Morgenthau. be successful. And I hope that he is rately, a dare. Ask your constituents And listen to what the Secretary of successful. what they would do with $10,000. Com- But I don’t want for some socialized the Treasury under President Roo- pare their list to what is in the stim- sevelt said to a hearing before the program to be so successful that all of ulus bill. Then see who has the best a sudden we get away from a market- Ways and Means Committee of this ideas for spending $1 trillion. House in 1939. And I will quote, ‘‘We driven economy and the democracy Mr. Speaker, I wanted to use a couple that we have all enjoyed and loved and have tried spending money. We are of posters to help my colleagues under- spending more than we have ever spent what makes this country unique and stand and put in perspective the wonderful. We don’t want a European- before, and it does not work. I want to amount of money we’re spending be- see this country prosperous. I want to type socialism. cause, you know, $1,000 is a heck of a And so if you hear someone say, Well, see people get a job. I want to see peo- lot of money to me. You get up to a I hope this thing fails, please don’t get ple get enough to eat. We have never million, a billion, and a trillion, I don’t the idea, my colleagues, that it’s di- made good on our promises. I say, after even know how many zeroes we’re talk- rected toward our new President. Of 8 years of this administration, we have course not. Of course not. But we just ing about. But let’s just use this poster just as much unemployment as when want to make sure that our country to help us. we started, and an enormous debt to Sizing up the stimulus. Well, this succeeds in the right way. And this is boot.’’ proposed stimulus, as I said to my col- for our children and our grandchildren. Secretary of Treasury Henry Morgen- leagues, is $1.2 trillion, if we can focus I wanted to take a moment to para- thau, under President Roosevelt, 1939, on this first poster. $1.2 trillion. Now, phrase an article that I read in the some 7 years into the New Deal. That let’s put that in perspective. newspaper today when I got up early is probably why Vice President BIDEN, Back in the late sixties, and that ter- this morning that I was looking at, Mr. Mr. Speaker, said that, Look, this rible, terrible time of the Vietnam Speaker. The Hill, the newspaper that thing has got a 30 percent chance of War. We lost almost 60,000 of our pre- we get daily when we’re in session. And not being successful. And allowing this cious men and women in that battle, Hill and Roll Call and Politico, we all recession to be deeper and more pro- and $111 billion was spent. Now if you reads these things. There’s some fine, longed than if we indeed did nothing. fine writers on these newspapers. And adjust that for inflation in today’s dollars, it’s $698 billion, compared to $1.2 Well, let me ask my colleagues to this was an article penned by Cheri Ja- join with me in looking at a few more cobus. And here’s what she said. I trillion. That is a few more zeroes. The invasion of Iraq, inflation ad- posters to just, again, put this spend- think it really cuts right to the chase ing in perspective. With this amount of in regard to $1 trillion worth of spend- justed, $597 billion. The money has gone up a little bit now, but it’s cer- money, the $789 billion—and when I say ing. And I’m going to quote just parts $1.2 trillion, that’s the interest over 10 of her article: tainly under $1 trillion. Well under. Now, let’s go back. Let’s back to the years on the debt. But when you do the ‘‘Congress should throw this greasy math, fairly simple, and you say that pile of pork into the grinder. Instead,’’ 1932 to the 1939, 1940 era. The era of the you’re going to create 4 million jobs, 4 instead, ‘‘give every American house- New Deal. $32 billion adjusted for infla- million jobs with this, that means hold a $10,000 stimulus check to spend tion—it’s been a long time ago. $500 bil- you’re spending $275,000 for every job. as we please. With approximately 100 lion. In comparison, this is the largest million households nationwide, we hit spending bill not just in the history, That’s $275,000 for every job. That’s that magic number of $1 trillion.’’ Mr. Speaker, of the United States. I be- what it’s going to cost. And a lot of So you give $10,000 to every one of 100 lieve, if I am not wrong on this, and I these jobs are going to pay $30,000, million households, that is spending don’t think I am, this is the largest $35,000, maybe even $20,000, $25,000 a the $1 trillion. So you spend it in a dif- spending bill that any government has year. That is shocking when you think ferent way. You give it, Mr. Speaker, enacted in the history of the world. In about it. That that much money to cre- to the families. And, along with that, the history of the world. ate one job, $275,000 worth of spending. we have a 2-year moratorium on cap- We’re talking about increasing our Here’s another chart that I think is ital gains taxes, and then we will get national debt, not the deficit, but the real instructive that I wanted my col- this economy off life support.’’ national debt, which today is about leagues to also look at. Those of you in And I want to point out in the Repub- $10.7 trillion, with a T. We’re talking the back of the Chamber, you may not lican alternative this idea of giving about increasing that by 10 percent in be able to see this, or the far left or far $10,000 to each of 100 million families one snap of your finger. As soon as right, but this says, Can you afford to was not part of it, but the suspension President Obama signs this bill into pay for the Democratic spending bill? of capital gains tax definitely was. And law Monday, all of a sudden we have in- At $825 billion, or $789 billion, the eco- then you would see the stock market creased the national debt 10 percent. nomic stimulus plan sailing through not go down 350 points when something Up to $12.5 trillion. Congress would cost each American like this passes, you would see it go up How in the world, Mr. Speaker, are family, each American family, more 350 points. we ever going to pay that off? I mean, than $10,000 on average.

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.115 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1599 b 1600 had a stethoscope around their neck? that you have been trying to get passed Here is how that price tag compares Have they ever had a white lab coat for years and have not been successful with the typical family expenses in a on? No. They are just number because the majority of the Congress year: crunchers, and all of a sudden they are doesn’t want it, so you throw it in Stimulus spending: $10,500. going to come in between you, our con- there as emergency spending and drag What the family spends on food, stituents, men and women, and your it along as we tug at heartstrings. clothing, and health care: $10,400. What health care provider, your physician, And that is just not right, Mr. Speak- the family spends on shelter, whether whether it is a pediatrician or obstetri- er. That is unfair. It is deceiving the they are renting or owning their own cian or general surgeon or a family American public, and it is putting a home: $11,657. doctor. burden on them that I will have no So one-third of their expenditure in a So as we look at this massive bill, part of. And my colleagues on this side year, that is what it is going to cost what we are seeing is a lot of things in of the aisle, 178 of us, Republicans, and them in the final analysis, $10,500, there, Mr. Speaker, that really don’t six to eight conservative, fiscally con- every year, every family, to pay for have anything to do with putting peo- servative Democrats feel the same way. this $1.1 trillion, $1.2 trillion. ple back to work. That 7 percent spend- I just feel that if we had had an op- That is why, going back, remember ing on infrastructure, that ought to be portunity, Mr. Speaker, if we had had when I said or read the article about, 25 percent of the spending. It ought to an opportunity to present an alter- literally, why doesn’t the Federal Gov- be much more than it is. But yet, there native, we could do that in a bipartisan ernment just write a $10,000 check and are things in there, and I could go way. We don’t hate each other, as you give it to every family, and say: Look, through a list of them and it is almost know, Mr. Speaker. We respect each I don’t know your situation. You may appalling. other, and in many cases best friends have a mortgage past due, a car pay- I mention that about that health are on opposite sides of the aisle. We ment past due. You may need to pay care. It is just trying to set policy in can do these things. But somehow this down a credit card debt. You may have this bill, moving us in a direction that top down, my way or the highway, a child that wants to go back to college I don’t think, I do not think, the Amer- closed rules, no opportunity to go and you don’t have the tuition for the ican people want. And I think, the through committee, we are losing out, next semester. Indeed, you may even American people, my colleagues, re- and it is not right, because the minor- have a family member that needs an member back in 1993, 1992, under Presi- ity represents, what, 48 percent? A lot operation or some dental work or dent Clinton, when current Secretary of people, a lot of people in this coun- something and you can’t pay for it, and of State Clinton now but first lady at try, Mr. Speaker, elected Republican you can take money out of that $10,000. that time was sort of put in charge of Members of this House and Senate. Or maybe you just simply want to save trying to develop a single payor na- So as I conclude, I just want to the it for a rainy day. Lord knows, we have tional health care system just like say to all of my colleagues, on the Re- got a rainy day now. Or you might, if they have in the United Kingdom or in publican side we voted ‘‘no,’’ and we your situation is such and you think Canada or other countries where it voted no for a very good reason. We the old clinker of a car is falling apart doesn’t work so well and care is ra- have great fear, just as Vice President and we want to buy American, and tioned. BIDEN said, that this won’t work. And General Motors or Ford Motor Com- My fear, and as you read this bill and it is not like, well, it just didn’t work, pany has got a great new car that gets you try to read through, the devil is in and we lost that game and we will play good gas mileage and we will go ahead the details, and you see these things another one. No. This is too big a risk. and buy a car, or whatever, a washing and you see what is happening in the It puts too big a burden on our future machine. And all of a sudden, the econ- health care provision, it is definitely generations, and it has the likelihood omy starts moving. And so this shows trying to move us in that direction of leaving us in this recession for a it, I think, Mr. Speaker, in a very once again. long time to come. vivid, vivid way. So again, our opposition to the bill is We had an opportunity. My col- Before I finish up, Mr. Speaker, and I not that we don’t want to help people league, my Senate colleague from didn’t want to take the entire hour, and help them right now, that we don’t Georgia, JOHNNY ISAKSON, had an but I wanted to talk just a little bit have compassion. Indeed, there is no amendment on the Senate side that about some of the health care things one more compassionate in this Cham- would give every person, every family that are in this bill. ber than the minority leader, Mr. that bought a new home a $15,000 tax There is money toward moving us as BOEHNER. In fact, many times he is al- credit. It passed on the Senate side I a Nation for complete electronic med- most to the point of tears, he is so think by a voice vote, unanimous con- ical records. I am for that, Mr. Speak- compassionate. sent, everybody. I heard Senator SCHU- er. I think that would be a good thing. So we just want to look at this thing, MER say what a wonderful, wonderful I think that would save lives and save as we have, and realize that so much of idea that the gentleman from Georgia, money, and I clearly feel that that is the money, Mr. Speaker, in this bill is Senator JOHNNY ISAKSON, had, because something that we want to do. But all about pushing an agenda and spend- this whole mess started with the down- there are a number of provisions, and I ing money, some of which may be turn of the housing market; and until will just mention one that really, real- worthwhile, but it should go through we get those houses moving and sold, ly concerns me, and that is this com- the regular order. That is why we are that will get us out of this mess. And parative effectiveness commission. up here, mainly, to authorize and ap- the Senate knew it. And yet, when they Comparative effectiveness, where the propriate spending. That is a major re- got to conference committee, what Federal Government, and I think $1 bil- sponsibility of the Members of Con- happened? They pulled that amend- lion, if I am not mistaken, I think $1 gress in the House and Senate. And we ment out. Pulled that amendment out. billion goes into creating this other should do that under regular order. But I really believe if that and maybe an layer of government bureaucracy it is like the chief of staff now, our opportunity for people to get a fixed- called comparative effectiveness that former colleague here in the House, the rate mortgage at 4 percent or 5 per- would decide which medical procedures chief of staff to President Obama, cent, 30-year fixed rate, let them have or medications were cost effective and Rahm Emanuel, the gentleman from Il- that opportunity over the next year or in certain instances will just simply linois, the same State as the President, so, the Johnny Isakson amendment, say that, ‘‘Well, we don’t think that is said it would be a tragedy to let any maybe we can pass it as a stand-alone cost effective,’’ that MRI that mom crisis go unused, or something to that bill. The Republican alternative to this had in the emergency room last week effect. I am paraphrasing, but it would spendulous bill where we emphasize tax or the CAT scan or electroencepha- be a tragedy to let a crisis go to waste. cuts and spending cuts and we spend logram because a child had a seizure. In other words, take a crisis and try to more money on infrastructure, I think To say that it is not effective, who do some good things and put people if we came back and did that, we would are these bureaucrats that would have back to work; but, at the same time, be out of this the recession in 12 the ability to do that? Have they ever pump all kind of other stuff in there months to 18 months.

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K13FE7.117 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1600 CONGRESSIONAL RECORD — HOUSE February 13, 2009 And so that is why I am here this p.m.), under its previous order, the 12. Jackie Speier afternoon, Mr. Speaker, just to share House adjourned until Tuesday, Feb- 13. Fortney Pete Stark those thoughts with my colleagues. ruary 17, 2009, at 10 a.m., unless it soon- 14. Anna G. Eshoo 15. Michael M. Honda And I hope and pray that President er has received a message from the 16. Zoe Lofgren Obama will be successful; but when it Senate transmitting its concurrence in 17. Sam Farr is something that I have great fear of House Concurrent Resolution 47, in 18. Dennis A. Cardoza hurting the country, taking us down a which case the House shall stand ad- 19. George Radanovich road that our Founding Fathers never journed pursuant to that concurrent 20. Jim Costa intended us to go, then I am going to resolution. 21. Devin Nunes 22. Kevin McCarthy stand up and I am going to say, ‘‘No, f Mr. President,’’ as I did today. 23. Lois Capps 24. Elton Gallegly I yield back the balance of my time. OATH OF OFFICE MEMBERS, RESI- DENT COMMISSIONER, AND DEL- 25. Howard P. ‘‘Buck’’ McKeon f EGATES 26. David Dreier 27. Brad Sherman LEAVE OF ABSENCE The oath of office required by the 28. Howard L. Berman By unanimous consent, leave of ab- sixth article of the Constitution of the 29. Adam B. Schiff United States, and as provided by sec- 30. Henry A. Waxman sence was granted to: 31. Xavier Becerra Mr. LEE of New York (at the request tion 2 of the act of May 13, 1884 (23 Stat. 22), to be administered to Mem- 32. Hilda L. Solis of Mr. BOEHNER) for today on account 33. Diane E. Watson of helping to coordinate the Federal re- bers, Resident Commissioner, and Dele- 34. Lucille Roybal-Allard sponse and to provide assistance to the gates of the House of Representatives, 35. Maxine Waters families of the victims of the tragic the text of which is carried in 5 U.S.C. 36. Jane Harman crash of Continental Airlines Flight 3331: 37. Laura Richardson 3407 in his district. ‘‘I, AB, do solemnly swear (or af- 38. Grace F. Napolitano firm) that I will support and defend 39. Linda T. Sa´ nchez Mr. CLYBURN (at the request of Mr. 40. Edward R. Royce HOYER) for today after 1:30 p.m. on ac- the Constitution of the United States against all enemies, foreign 41. Jerry Lewis count of his daughter’s wedding in 42. Gary G. Miller South Carolina. and domestic; that I will bear true 43. Joe Baca faith and allegiance to the same; 44. Ken Calvert f that I take this obligation freely, 45. Mary Bono Mack SPECIAL ORDERS GRANTED without any mental reservation or 46. Dana Rohrabacher purpose of evasion; and that I will 47. Loretta Sanchez By unanimous consent, permission to well and faithfully discharge the 48. John Campbell address the House, following the legis- duties of the office on which I am 49. Darrell E. Issa lative program and any special orders about to enter. So help me god.’’ 50. Brian P. Bilbray heretofore entered, was granted to: 51. Bob Filner (The following Members (at the re- has been subscribed to in person and 52. Duncan Hunter quest of Mr. DEFAZIO) to revise and ex- filed in duplicate with the Clerk of the 53. Susan A. Davis tend their remarks and include extra- House of Representatives by the fol- COLORADO neous material:) lowing Member of the 111th Congress, 1. Diana DeGette Ms. WOOLSEY, for 5 minutes, today. pursuant to the provisions of 2 U.S.C. 2. Jared Polis Mr. DEFAZIO, for 5 minutes, today. 25: 3. John T. Salazar Mr. GEORGE MILLER of California, for ALABAMA 4. Betsy Markey 5. Doug Lamborn 5 minutes, today. 1. Jo Bonner 6. Mike Coffman 2. Bobby Bright Ms. KAPTUR, for 5 minutes, today. 7. Ed Perlmutter Mr. SCHIFF, for 5 minutes, today. 3. Mike Rogers CONNECTICUT Mr. HOLT, for 5 minutes, today. 4. Robert B. Aderholt 5. Parker Griffith 1. John B. Larson Mr. PALLONE, for 5 minutes, today. 6. Spencer Bachus 2. Joe Courtney (The following Members (at the re- 7. Artur Davis 3. Rosa L. DeLauro quest of Mr. BURTON of Indiana) to re- ALASKA 4. James A. Himes vise and extend their remarks and in- 5. Christopher S. Murphy At Large, Don Young clude extraneous material:) DELAWARE AMERICAN SAMOA Mr. CASSIDY, for 5 minutes, today. At Large, Michael N. Castle Mr. SCHOCK, for 5 minutes, today. Delegate, Eni F.H. Faleomavaega DISTRICT OF COLUMBIA Mr. HERGER, for 5 minutes, today. ARIZONA Delegate, Eleanor Holmes Norton Mr. BROUN of Georgia, for 5 minutes, 1. Ann Kirkpatrick today. 2. Trent Franks FLORIDA Mr. MCCOTTER, for 5 minutes, today. 3. John B. Shadegg 1. Jeff Miller Ms. FOXX, for 5 minutes today. 4. Ed Pastor 2. Allen Boyd 5. Harry E. Mitchell 3. Corrine Brown Mr. FLEMING, for 5 minutes, today. 6. Jeff Flake 4. Ander Crenshaw Mr. CONAWAY, for 5 minutes, today. 7. Rau´ l M. Grijalva 5. Ginny Brown-Waite (The following Members (at their own 8. Gabrielle Giffords 6. Cliff Stearns request) to revise and extend their re- ARKANSAS 7. John L. Mica marks and include extraneous mate- 8. Alan Grayson 1. Marion Berry 9. Gus M. Bilirakis rial:) 2. Vic Snyder 10. C.W. Bill Young Mr. MARKEY of Massachusetts, for 5 3. John Boozman 11. Kathy Castor minutes, today. 4. Mike Ross 12. Adam H. Putnam Mr. DREIER, for 5 minutes, today. CALIFORNIA 13. Vern Buchanan Mrs. MALONEY, for 5 minutes, today. 1. Mike Thompson 14. Connie Mack f 2. Wally Herger 15. Bill Posey 3. Daniel E. Lungren 16. Thomas J. Rooney ADJOURNMENT 4. Tom McClintock 17. Kendrick B. Meek Mr. GINGREY of Georgia. Mr. Speak- 5. Doris O. Matsui 18. Ileana Ros-Lehtinen er, pursuant to the order of the House 6. Lynn C. Woolsey 19. Robert Wexler 7. George Miller 20. Debbie Wasserman Schultz of today, I move that the House do now 8. Nancy Pelosi 21. Lincoln Diaz-Balart adjourn. 9. Barbara Lee 22. Ron Klein The motion was agreed to; accord- 10. Ellen O. Tauscher 23. Alcee L. Hastings ingly (at 4 o’clock and 13 minutes 11. Jerry McNerney 24. Suzanne M. Kosmas

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25. Mario Diaz-Balart MARYLAND 9. Steven R. Rothman GEORGIA 1. Frank Kratovil Jr. 10. Donald M. Payne 11. Rodney P. Frelinghuysen 1. Jack Kingston 2. C.A. Dutch Ruppersberger 12. Rush D. Holt 2. Sanford D. Bishop Jr. 3. John P. Sarbanes 13. Albio Sires 3. Lynn A. Westmoreland 4. Donna F. Edwards 4. Henry C. ‘‘Hank’’ Johnson Jr. 5. Steny H. Hoyer NEW MEXICO 5. John Lewis 6. Roscoe G. Bartlett 1. Martin Heinrich 6. Tom Price 7. Elijah E. Cummings 2. Harry Teague 7. John Linder 8. Chris Van Hollen 3. Ben Ray Luja´ n 8. Jim Marshall MASSACHUSETTS NEW YORK 9. Nathan Deal 1. John W. Olver 1. Timothy H. Bishop 10. Paul C. Broun 2. Richard E. Neal 2. Steve Israel 11. Phil Gingrey 3. James P. McGovern 3. Peter T. King 12. John Barrow 4. Barney Frank 4. Carolyn McCarthy 13. David Scott 5. Niki Tsongas 5. Gary L. Ackerman GUAM 6. John F. Tierney 6. Gregory W. Meeks Delegate, Madeleine Z. Bordallo 7. Edward J. Markey 7. Joseph Crowley HAWAII 8. Michael E. Capuano 8. Jerrold Nadler 9. Stephen F. Lynch 9. Anthony D. Weiner 1. Neil Abercrombie 10. William D. Delahunt 10. Edolphus Towns 2. Mazie K. Hirono MICHIGAN 11. Yvette D. Clarke IDAHO 12. Nydia M. Vela´ zquez 1. Bart Stupak 1. Walt Minnick 13. Michael E. McMahon 2. Peter Hoekstra 2. Michael K. Simpson 14. Carolyn B. Maloney 3. Vernon J. Ehlers 15. Charles B. Rangel ILLINOIS 4. Dave Camp 16. Jose´ E. Serrano 1. Bobby L. Rush 5. Dale E. Kildee 17. Eliot L. Engel 2. Jesse L. Jackson Jr. 6. Fred Upton 18. Nita M. Lowey 3. Daniel Lipinski 7. Mark Schauer 19. John J. Hall 4. Luis V. Gutierrez 8. Mike Rogers 20. Kirsten E. Gillibrand * 5. 9. Gary C. Peters 21. Paul Tonko 6. Peter J. Roskam 10. Candice S. Miller 22. Maurice D. Hinchey 7. Danny K. Davis 11. Thaddeus G. McCotter 23. John M. McHugh 8. Melissa L. Bean 12. Sander M. Levin 24. Michael A. Arcuri 9. Janice D. Schakowsky 13. Carolyn C. Kilpatrick 25. Daniel B. Maffei 10. Mark Steven Kirk 14. John Conyers Jr. 26. Christopher John Lee 11. Deborah L. Halvorson 15. John D. Dingell 27. Brian Higgins 12. Jerry F. Costello MINNESOTA 28. Louise McIntosh Slaughter 13. Judy Biggert 1. Timothy J. Walz 29. Eric J.J. Massa 14. Bill Foster 2. John Kline NORTH CAROLINA 15. Timothy V. Johnson 3. Erik Paulsen 16. Donald A. Manzullo 1. G.K. Butterfield 4. Betty McCollum 17. Phil Hare 2. Bob Etheridge 5. Keith Ellison 18. Aaron Schock 3. Walter B. Jones 6. Michele Bachmann 19. John Shimkus 4. David E. Price 7. Collin C. Peterson 5. Virginia Foxx INDIANA 8. James L. Oberstar 6. Howard Coble 1. Peter J. Visclosky MISSISSIPPI 7. Mike McIntyre 2. Joe Donnelly 1. Travis W. Childers 8. Larry Kissell 3. Mark E. Souder 2. Bennie G. Thompson 9. Sue Wilkins Myrick 4. Steve Buyer 3. Gregg Harper 10. Patrick T. McHenry 5. Dan Burton 4. Gene Taylor 11. Heath Shuler 6. Mike Pence 12. Melvin L. Watt 7. Andre´ Carson MISSOURI 13. Brad Miller 8. Brad Ellsworth 1. Wm. Lacy Clay NORTH DAKOTA 9. Baron P. Hill 2. W. Todd Akin At Large, Earl Pomeroy IOWA 3. Russ Carnahan 4. Ike Skelton NORTHERN MARIANA ISLANDS 1. Bruce L. Braley 5. Emanuel Cleaver Delegate, Gregorio Sablan 2. David Loebsack 6. Sam Graves 3. Leonard L. Boswell OHIO 7. Roy Blunt 4. Tom Latham 1. Steve Driehaus 8. Jo Ann Emerson 5. Steve King 2. Jean Schmidt 9. Blaine Luetkemeyer KANSAS 3. Michael R. Turner MONTANA 4. Jim Jordan 1. Jerry Moran At Large, Denny Rehberg 5. Robert E. Latta 2. Lynn Jenkings 6. Charles A. Wilson 3. Dennis Moore NEBRASKA 7. Steve Austria 4. Todd Tiahrt 1. Jeff Fortenberry 8. John A. Boehner 2. Lee Terry KENTUCKY 9. Marcy Kaptur 3. Adrian Smith 1. Ed Whitfield 10. Dennis J. Kucinich 2. Brett Guthrie NEVADA 11. Marcia L. Fudge 3. John A. Yarmuth 1. Shelley Berkley 12. Patrick J. Tiberi 4. Geoff Davis 2. Dean Heller 13. Betty Sutton 5. Harold Rogers 3. Dina Titus 14. Steven C. LaTourette 6. Ben Chandler NEW HAMPSHIRE 15. Mary Jo Kilroy 16. John A. Boccieri LOUISIANA 1. Carol Shea-Porter 17. Tim Ryan 1. Steve Scalise 2. Paul W. Hodes 18. Zachary T. Space 2. Anh ‘‘Joseph’’ Cao NEW JERSEY 3. Charlie Melancon OKLAHOMA 1. Robert E. Andrews 4. John Fleming 1. John Sullivan 2. Frank A. LoBiondo 5. Rodney Alexander 2. Dan Boren 3. John H. Adler 6. Bill Cassidy 3. Frank D. Lucas 4. Christopher H. Smith 7. Charles W. Boustany Jr. 4. Tom Cole 5. Scott Garrett 5. Mary Fallin MAINE 6. Frank Pallone Jr. 1. Chellie Pingree 7. Leonard Lance OREGON 2. Michael H. Michaud 8. Bill Pascrell Jr. 1. David Wu

VerDate Nov 24 2008 04:12 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.053 H13FEPT1 smartinez on PROD1PC64 with HOUSE H1602 CONGRESSIONAL RECORD — HOUSE February 13, 2009 2. Greg Walden 3. Jason Chaffetz Conaway, Gerald E. Connolly, John Conyers 3. Earl Blumenauer VERMONT Jr., Jim Cooper, Jim Costa, Jerry F. 4. Peter A. DeFazio Costello, Joe Courtney, Ander Crenshaw, Jo- At Large, Peter Welch 5. Kurt Schrader seph Crowley, Henry Cuellar, John Abney VIRGIN ISLANDS PENNSYLVANIA Culberson, Elijah E. Cummings, Kathleen A. Delegate, Donna M. Christensen Dahlkemper, Artur Davis, Danny K. Davis, 1. Robert A. Brady Geoff Davis, Lincoln Davis, Susan A. Davis, 2. Chaka Fattah VIRGINIA Nathan Deal, Peter A. DeFazio, Diana 3. Kathleen A. Dahlkemper 1. Robert J. Wittman DeGette, William D. Delahunt, Rosa L. 4. Jason Altmire 2. Glenn C. Nye DeLauro, Charles W. Dent, Lincoln Diaz- 5. Glenn Thompson 3. Robert C. ‘‘Bobby’’ Scott Balart, Mario Diaz-Balart, Norman D. Dicks, 6. Jim Gerlach 4. J. Randy Forbes John D. Dingell, Lloyd Doggett, Joe Don- 7. Joe Sestak 5. Thomas S.P. Perriello nelly, Michael F. Doyle, David Dreier, Steve 8. Patrick J. Murphy 6. Bob Goodlatte Driehaus, John J. Duncan Jr., Chet Edwards, 9. Bill Shuster 7. Eric Cantor Donna F. Edwards, Vernon J. Ehlers, Keith 10. Christopher P. Carney 8. James P. Moran Ellison, Brad Ellsworth, Jo Ann Emerson, 11. Paul E. Kanjorski 9. Rick Boucher Eliot L. Engel, Anna G. Eshoo, Bob 12. John P. Murtha 10. Frank R. Wolf Etheridge, Eni F.H. Faleomavaega, Mary 13. Allyson Y. Schwartz 11. Gerald E. Connolly Fallin, Sam Farr, Chaka Fattah, Bob Filner, 14. Michael F. Doyle WASHINGTON Jeff Flake, John Fleming, J. Randy Forbes, 15. Charles W. Dent 1. Jay Inslee Jeff Fortenberry, Bill Foster, Virginia Foxx, 16. Joseph R. Pitts 2. Rick Larsen Barney Frank, Trent Franks, Rodney P. 17. Tim Holden 3. Brian Baird Frelinghuysen, Marcia L. Fudge, Elton 18. Tim Murphy 4. Doc Hastings Gallegly, Scott Garrett, Jim Gerlach, 19. Todd Russell Platts 5. Cathy McMorris Rodgers Gabrielle Giffords, Kirsten E. Gillibrand*, PUERTO RICO 6. Norman D. Dicks Phil Gingrey, Louie Gohmert, Bob Good- Resident Commissioner, Pedro R. Pierluisi 7. Jim McDermott latte, Charles A. Gonzalez, Bart Gordon, Kay RHODE ISLAND 8. David G. Reichert Granger, Sam Graves, Alan Grayson, Al Green, Gene Green, Parker Griffith, Rau´ l M. 1. Patrick J. Kennedy 9. Adam Smith Grijalva, Brett Guthrie, Luis V. Gutierrez, 2. James R. Langevin WEST VIRGINIA John J. Hall, Ralph M. Hall, Deborah L. SOUTH CAROLINA 1. Alan B. Mollohan Halvorson, Phil Hare, Jane Harman, Gregg 1. Henry E. Brown Jr. 2. Shelley Moore Capito Harper, Alcee L. Hastings, Doc Hastings, 2. Joe Wilson 3. Nick J. Rahall II Martin Heinrich, Dean Heller, Jeb 3. J. Gresham Barrett WISCONSIN Hensarling, Wally Herger, Stephanie Herseth 4. Bob Inglis 1. Paul Ryan Sandlin, Brian Higgins, Baron P. Hill, James 5. John M. Spratt Jr. 2. Tammy Baldwin A. Himes, Maurice D. Hinchey, Rube´n 6. James E. Clyburn 3. Ron Kind Hinojosa, Mazie K. Hirono, Paul W. Hodes, SOUTH DAKOTA 4. Gwen Moore Peter Hoekstra, Tim Holden, Rush D. Holt, Michael M. Honda, Steny H. Hoyer, Duncan At Large, Stephanie Herseth Sandlin 5. F. James Sensenbrenner Jr. 6. Thomas E. Petri Hunter, Bob Inglis, Jay Inslee, Steve Israel, TENNESSEE 7. David R. Obey Darrell E. Issa, Jesse L. Jackson Jr., Sheila 1. David P. Roe 8. Steve Kagen Jackson-Lee, Lynn Jenkins, Eddie Bernice 2. John J. Duncan Jr. Johnson, Henry C. ‘‘Hank’’ Johnson Jr., Sam WYOMING 3. Zach Wamp Johnson, Timothy V. Johnson, Walter B. 4. Lincoln Davis At Large, Cynthia M. Lummis Jones, Jim Jordan, Steve Kagen, Paul E. 5. Jim Cooper f Kanjorski, Marcy Kaptur, Patrick J. Ken- 6. Bart Gordon nedy, Dale E. Kildee, Carolyn C. Kilpatrick, 7. Marsha Blackburn OATH FOR ACCESS TO CLASSIFIED Mary Jo Kilroy, Ron Kind, Peter T. King, 8. John S. Tanner INFORMATION Steve King, Jack Kingston, Mark Steven 9. Steve Cohen Under clause 13 of rule XXIII, the fol- Kirk, Ann Kirkpatrick, Larry Kissell, Ron TEXAS lowing Members executed the oath for Klein, John Kline, Suzanne M. Kosmas, Frank Kratovil Jr., Doug Lamborn, Leonard 1. Louie Gohmert access to classified information: Lance, James R. Langevin, Rick Larsen, 2. Ted Poe Neil Abercrombie, Gary L. Ackerman, Rob- John B. Larson, Tom Latham, Steven C. 3. Sam Johnson ert B. Aderholt, John H. Adler, W. Todd LaTourette, Robert E. Latta, Barbara Lee, 4. Ralph M. Hall Akin, Rodney Alexander, Jason Altmire, Christopher John Lee, Sander M. Levin, 5. Jeb Hensarling Robert E. Andrews, Michael A. Arcuri, Steve Jerry Lewis, John Lewis, John Linder, Dan- 6. Joe Barton Austria, Joe Baca, Michele Bachmann, Spen- iel Lipinski, Frank A. LoBiondo, David 7. John Abney Culberson cer Bachus, Brian Baird, Tammy Baldwin, J. Loebsack, Zoe Lofgren, Nita M. Lowey, 8. Kevin Brady Gresham Barrett, John Barrow, Roscoe G. Frank D. Lucas, Blaine Luetkemeyer, Ben 9. Al Green Bartlett, Joe Barton, Melissa L. Bean, Xa- Ray Luja´ n, Cynthia M. Lummis, Daniel E. 10. Michael T. McCaul vier Becerra, Shelley Berkley, Howard L. Lungren, Stephen F. Lynch, Carolyn McCar- 11. K. Michael Conaway Berman, Marion Berry, Judy Biggert, Brian thy, Kevin McCarthy, Michael T. McCaul, 12. Kay Granger P. Bilbray, Gus M. Bilirakis, Rob Bishop, Tom McClintock, Betty McCollum, Thaddeus 13. Mac Thornberry Sanford D. Bishop Jr., Timothy H. Bishop, G. McCotter, Jim McDermott, James P. 14. Ron Paul Marsha Blackburn, Earl Blumenauer, Roy McGovern, Patrick T. McHenry, John M. 15. Rube´n Hinojosa Blunt, John A. Boccieri, John A. Boehner, Jo McHugh, Mike McIntyre, Howard P. ‘‘Buck’’ 16. Silvestre Reyes Bonner, Mary Bono Mack, John Boozman, McKeon, Michael E. McMahon, Cathy 17. Chet Edwards Madeleine Z. Bordallo, Dan Boren, Leonard McMorris Rodgers, Jerry McNerney, Connie 18. Sheila Jackson-Lee L. Boswell, Rick Boucher, Charles W. Mack, Daniel B. Maffei, Carolyn B. Maloney, 19. Randy Neugebauer Boustany Jr., Allen Boyd, Bruce L. Braley, Donald A. Manzullo, Kenny Marchant, Betsy 20. Charles A. Gonzalez Kevin Brady, Robert A. Brady, Bobby Bright, Markey, Edward J. Markey, Jim Marshall, 21. Lamar Smith Paul C. Broun, Corrine Brown, Ginny Brown- Eric J.J. Massa, Jim Matheson, Doris O. 22. Pete Olson Waite, Henry E. Brown Jr., Vern Buchanan, Matsui, Kendrick B. Meek, Gregory W. 23. Ciro D. Rodriguez Michael C. Burgess, Dan Burton, G.K. Meeks, Charlie Melancon, John L. Mica, Mi- 24. Kenny Marchant Butterfield, Steve Buyer, Ken Calvert, Dave chael H. Michaud, Brad Miller, Candice S. 25. Lloyd Doggett Camp, John Campbell, Eric Cantor, Anh ‘‘Jo- Miller, Gary G. Miller, George Miller, Jeff 26. Michael C. Burgess seph’’ Cao, Shelley Moore Capito, Lois Miller, Walt Minnick, Harry E. Mitchell, 27. Solomon P. Ortiz Capps, Michael E. Capuano, Dennis A. Alan B. Mollohan, Dennis Moore, Gwen 28. Henry Cuellar Cardoza, Russ Carnahan, Christopher P. Car- Moore, James P. Moran, Jerry Moran, Chris- 29. Gene Green ney, Andre´ Carson, John R. Carter, Bill topher S. Murphy, Patrick J. Murphy, Tim 30. Eddie Bernice Johnson Cassidy, Michael N. Castle, Kathy Castor, Murphy, John P. Murtha, Sue Wilkins 31. John R. Carter Jason Chaffetz, Ben Chandler, Travis W. Myrick, Jerrold Nadler, Grace F. Napolitano, 32. Pete Sessions Childers, Donna M. Christensen, Yvette D. Richard E. Neal, Randy Neugebauer, Eleanor UTAH Clarke, Wm. Lacy Clay, Emanuel Cleaver, Holmes Norton, Devin Nunes, Glenn C. Nye, 1. Rob Bishop James E. Clyburn, Howard Coble, Mike James L. Oberstar, David R. Obey, John W. 2. Jim Matheson Coffman, Steve Cohen, Tom Cole, K. Michael Olver, Pete Olson, Solomon P. Ortiz, Frank

VerDate Nov 24 2008 03:15 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A13FE7.053 H13FEPT1 smartinez on PROD1PC64 with HOUSE February 13, 2009 CONGRESSIONAL RECORD — HOUSE H1603 Pallone Jr., Bill Pascrell Jr., Ed Pastor, Ron 587. A letter from the Acting Director, Of- 597. A letter from the Program Analyst, Paul, Erik Paulsen, Donald M. Payne, Nancy fice of Personnel Management, transmitting Department of Transportation, transmitting Pelosi, Mike Pence, Ed Perlmutter, Thomas the Office’s Federal Equal Opportunity Re- the Department’s final rule — Airworthiness S.P. Perriello, Gary C. Peters, Collin C. Pe- cruitment Program Report for Fiscal Year Directives; Bombardier Model CL-600-2B19 terson, Thomas E. Petri, Pedro R. Pierluisi, 2008, pursuant to 5 U.S.C. 7201; to the Com- (Regional Jet Series 100 & 440) Airplanes Chellie Pingree, Joseph R. Pitts, Todd Rus- mittee on Oversight and Government Re- [Docket No. FAA-2008-0977; Directorate Iden- sell Platts, Ted Poe, Jared Polis, Earl Pom- form. tifier 2008-NM-124-AD; Amendment 39-15775; eroy, Bill Posey, David E. Price, Tom Price, 588. A letter from the Chief, End. Species AD 2008-26-09] (RIN: 2120-AA64) received Adam H. Putnam, George Radanovich, Nick Listing Branch, FWS, Department of the In- Janaury 26, 2009, pursuant to 5 U.S.C. J. Rahall II, Charles B. Rangel, Denny terior, transmitting the Department’s final 801(a)(1)(A); to the Committee on Transpor- Rehberg, David G. Reichert, Silvestre Reyes, rule — Endangered and Threatened Wildlife tation and Infrastructure. Laura Richardson, Ciro D. Rodriguez, David and Plants; Determination of Endangered 598. A letter from the Program Analyst, P. Roe, Harold Rogers, Mike Rogers (AL–03), Status for Reticulated Flatwoods Sala- Department of Transportation, transmitting Mike Rogers (MI–08), Dana Rohrabacher, mander; Designation of Critical Habitat for the Department’s final rule — Airworthiness Thomas J. Rooney, Peter J. Roskam, Ileana Frosted Flatwoods Salamander and Reticu- Directives; Rolls-Royce Corporation (RRC) Ros-Lehtinen, Mike Ross, Steven R. Roth- lated Flatwoods Salamander [FWS-R4-ES- AE 3007A Series Turbofan Engines [Docket man, Lucille Roybal-Allard, Edward R. 2008-0082] [MO 9921050083-B2] (RIN: 1018-AU85) No. FAA-2008-0975; Directorate Identifier Royce, C.A. Dutch Ruppersberger, Bobby L. received February 9, 2009, pursuant to 5 2008-NE-29-AD; Amendment 39-15772; AD 2008- Rush, Paul Ryan, Tim Ryan, Gregorio U.S.C. 801(a)(1)(A); to the Committee on Nat- 26-06] (RIN: 2120-AA64) received January 26, Sablan, John T. Salazar, Linda T. Sa´ nchez, ural Resources. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Loretta Sanchez, John P. Sarbanes, Steve 589. A letter from the Acting Chief, Recov- Committee on Transportation and Infra- Scalise, Janice D. Schakowsky, Adam B. ery and Delisting, Department of the Inte- structure. Schiff, Jean Schmidt, Aaron Schock, Kurt rior, transmitting the Department’s final 599. A letter from the Program Analyst, Schrader, Allyson Y. Schwartz, David Scott, rule — Endangered and Threatened Wildlife Department of Transportation, transmitting Robert C. ‘‘Bobby’’ Scott, F. James Sensen- and Plants; Reinstatement of Protections for the Department’s final rule — Airworthiness brenner Jr., Jose´ E. Serrano, Pete Sessions, the Gray Wolf in the Western Great Lakes Directives; Bombardier-Rotax GmbH 914 F Joe Sestak, John B. Shadegg, Mark Shauer, and Northern Rocky Mountains in Compli- Series Reciprocating Engines [Docket No. Carol Shea-Porter, Brad Sherman, John ance with Court Orders [FWS-R6-ES-2008-008 FAA-2008-0842; Directorate Identifier 2008- Shimkus, Heath Shuler, Bill Shuster, Mi- 92220-1113-0000; C6] (RIN: 1018-AW35) received NE-24-AD; Amendment 39-15771; AD 2008-26- chael K. Simpson, Albio Sires, Ike Skelton, February 9, 2009, pursuant to 5 U.S.C. 05] (RIN: 2120-AA64) received January 26, Louise McIntosh Slaughter, Adam Smith, 801(a)(1)(A); to the Committee on Natural 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Adrian Smith, Christopher H. Smith, Lamar Resources. Committee on Transportation and Infra- Smith, Vic Snyder, Hilda L. Solis, Mark E. 590. A letter from the Secretary, Depart- structure. Souder, Zachary T. Space, Jackie Speier, ment of Health and Human Services, trans- 600. A letter from the Program Analyst, John M. Spratt Jr., Bart Stupak, Cliff mitting a petition filed on behalf of workers Department of Transportation, transmitting Stearns, John Sullivan, Betty Sutton, John from Mallinckrodt Chemical Co., Destrehan the Department’s final rule — Airworthiness S. Tanner, Ellen O. Tauscher, Gene Taylor, St. Plant, to be added to the Special Expo- Directives; General Electric Company (GE) Harry Teague, Lee Terry, Bennie G. Thomp- sure Cohort (SEC), pursuant to the Energy CT7-8A Turboshaft Engines [Docket No. son, Glenn Thompson, Mike Thompson, Mac Employees Occupational Illness Compensa- FAA-2006-24261; Directorate Identifier 2006- Thornberry, Todd Tiahrt, Patrick J. Tiberi, tion Program Act of 2000; to the Committee NE-12-AD; Amendment 39-15768; AD 2008-26- John F. Tierney, Dina Titus, Paul Tonko, on the Judiciary. 02] (RIN: 2120-AA64) received January 26, Edolphus Towns, Niki Tsongas, Michael R. 591. A letter from the Secretary, Depart- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Turner, Fred Upton, Chris Van Hollen, Nydia ment of Health and Human Services, trans- Committee on Transportation and Infra- M. Vela´ zquez, Peter J. Visclosky, Greg Wal- mitting a petition filed on behalf of workers structure. den, Timothy J. Walz, Zach Wamp, Debbie from Vitro Manufacturing, to be added to 601. A letter from the Program Analyst, Wasserman Schultz, Diane E. Watson, Mel- the Special Exposure Cohort (SEC), pursuant Department of Transportation, transmitting vin L. Watt, Henry A. Waxman, Anthony D. to the Energy Employees Occupational Ill- the Department’s final rule — Airworthiness Weiner, Peter Welch, Lynn A. Westmoreland, ness Compensation Program Act of 2000; to Directives; Air Tractor, Inc. Models AT-200, Robert Wexler, Ed Whitfield, Charles A. Wil- the Committee on the Judiciary. AT-300, AT-400, AT-500, AT-600, and AT-800 son, Joe Wilson, Robert J. Wittman, Frank 592. A letter from the Principal Deputy As- Series Airplanes [Docket No. FAA-2008-1120; R. Wolf, Lynn C. Woolsey, David Wu, John A. sistant Attorney General, Department of Directorate Identifier 2008-CE-064-AD; Yarmuth, C.W. Bill Young, Don Young Justice, transmitting the Department’s Amendment 39-15767; AD 2008-26-01] (RIN: quarterly report from the Office of Privacy 2120-AA64) received January 26, 2009, pursu- f and Civil Liberties, pursuant to Public Law ant to 5 U.S.C. 801(a)(1)(A); to the Committee EXECUTIVE COMMUNICATIONS, 110-53, section 803 (121 Stat. 266, 360); to the on Transportation and Infrastructure. ETC. Committee on the Judiciary. 602. A letter from the Program Analyst, 593. A letter from the Principal Deputy As- Department of Transportation, transmitting Under clause 8 of rule XII, executive sistant Attorney General, Department of the Department’s final rule — Airworthiness communications were taken from the Justice, transmitting the Department’s re- Directives; Cessna Model 560 Airplanes Speaker’s table and referred as follows: port entitled, ‘‘Victims of Trafficking and [Docket No. FAA-2008-0903; Directorate Iden- 583. A letter from the Assistant to the Violence Protection Act of 2000,’’ pursuant tifier 2008-NM-123-AD; Amendment 39-15770; Board, Federal Reserve System, transmit- to Public Law 106-386; to the Committee on AD 2008-26-04] (RIN: 2120-AA64) received Jan- ting the System’s final rule — Truth in Sav- the Judiciary. uary 26, 2009, pursuant to 5 U.S.C. ings [Regulation DD; Docket No. R-1315] re- 594. A letter from the Senior Counsel, De- 801(a)(1)(A); to the Committee on Transpor- ceived February 2, 2009, pursuant to 5 U.S.C. partment of Justice, transmitting the De- tation and Infrastructure. 801(a)(1)(A); to the Committee on Financial partment’s final rule — National Motor Ve- 603. A letter from the Program Analyst, Services. hicle Title Information System (NMVTIS) Department of Transportation, transmitting 584. A letter from the President and CEO, [Docket No.: FBI 117; AG Order No. 3042-2009] the Department’s final rule — Airworthiness Corporation for Public Broadcasting, trans- (RIN: 1110-AA30) received February 2, 2009, Directives; Saab AB, Saad Aerosystems mitting the Corporation’s annual report on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Model 340A (SAAB/SF340A) and SAAB 340B the provision of service to minority and di- mittee on the Judiciary. Airplanes [Docket No.: FAA-2008-1044; Direc- verse audiences by public broadcasting and 595. A letter from the Attorney Advisor, torate Identifier 2008-NM-095-AD; Amend- public telecommunications entities, pursu- Department of Homeland Security, transmit- ment 39-15774; AD 2008-26-08] (RIN: 2120-AA64) ant to 47 U.S.C. 396(m)(2); to the Committee ting the Department’s final rule — Saftey received January 26, 2009, pursuant to 5 on Energy and Commerce. Zone; Allegheny River, Clinton, PA [Docket U.S.C. 801(a)(1)(A); to the Committee on 585. A letter from the Secretary, Depart- No.: USCG-2008-1085] (RIN: 1625-AA00) re- Transportation and Infrastructure. ment of Commerce, transmitting the Depart- ceived February 2, 2009, pursuant to 5 U.S.C. 604. A letter from the Program Analyst, ment’s Performance and Accountability Re- 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting port for fiscal year 2008; to the Committee on tation and Infrastructure. the Department’s final rule — Airworthiness Oversight and Government Reform. 596. A letter from the Attorney Advisor, Directives; McDonnell Douglas Model DC-8- 586. A letter from the Associate Deputy Department of Homeland Security, transmit- 11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, Secretary, Department of the Interior, trans- ting the Department’s final rule — Saftey DC-8-41, DC-8-42, and DC-8-43 Airplanes; mitting the Department’s Fiscal Year 2007 Zone, Bayfront Park New Year’s Eve Cele- Model DC-8-50 Series Airplanes; Model DC- Annual Notification and Federal Employee bration, Biscayne Bay, FL [Docket No.: 8F-54 and DC-8F-55 Airplanes; Model DC-8-60 Antidiscrimination and Retaliation Act of USCG-2008-0984] (RIN: 1625-AA00) received Series Airplanes; Model DC-8-60F Series Air- 2002 Report, pursuant to Section 203 of the February 2, 2009, pursuant to 5 U.S.C. planes; Model DC-8-70 Series Airplanes; and No FEAR Act; to the Committee on Over- 801(a)(1)(A); to the Committee on Transpor- Model DC-8-70F Series Airplanes [Docket sight and Government Reform. tation and Infrastructure. No.: FAA-2008-0858; Directorate Identifier

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2008-NM-054-AD; Amendment 39-15773; AD gross income of Social Security benefits and Mr. HINOJOSA, Mr. WATT, Mr. FILNER, 2008-26-07 ] (RIN: 2120-AA64) Received Janu- tier 1 railroad retirement benefits; to the Mr. MILLER of North Carolina, Mr. ary 26, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Committee on Ways and Means. RUPPERSBERGER, and Mr. RANGEL): to the Committee on Transportation and In- By Mrs. BLACKBURN (for herself, Mr. H.R. 1064. A bill to provide for evidence- frastructure. TANNER, and Mr. COHEN): based and promising practices related to ju- 605. A letter from the Program Analyst, H.R. 1059. A bill to amend the Robert T. venile delinquency and criminal street gang Department of Transportation, transmitting Stafford Disaster Relief and Emergency As- activity prevention and intervention to help the Department’s final rule — Airworthiness sistance Act to provide eligibility for an heir build individual, family, and community Directives; Piper Aircraft, Inc. Models PA-46- of a deceased homeowner to receive certain strength and resiliency to ensure that youth 350P, PA-46R-350T, and PA-46-500TP Air- housing-related disaster assistance; to the lead productive, safe, healthy, gang-free, and planes [Docket No.: FAA-2008-1085; Direc- Committee on Transportation and Infra- law-abiding lives; to the Committee on the torate Identifier 2008-CE-057-AD; Amendment structure. Judiciary, and in addition to the Committees 39-15777; AD 2008-26-11] (RIN: 2120-AA64) re- By Mr. GONZALEZ: on Education and Labor, Energy and Com- ceived January 26, 2009, pursuant to 5 U.S.C. H.R. 1060. A bill to amend the Internal Rev- merce, and Financial Services, for a period 801(a)(1)(A); to the Committee on Transpor- enue Code of 1986 to clarify that a NADBank to be subsequently determined by the Speak- tation and Infrastructure. guarantee is not considered a Federal guar- er, in each case for consideration of such pro- 606. A letter from the Program Analyst, antee for purposes of determining the tax-ex- visions as fall within the jurisdiction of the Department of Transportation, transmitting empt status of bonds; to the Committee on committee concerned. the Department’s final rule — Airworthiness Ways and Means. By Mrs. KIRKPATRICK of Arizona: Directives; Cessna Aircraft Company 172, 175, By Mr. DICKS: H.R. 1065. A bill to resolve water rights 177, 180, 182, 185, 188, 206, 207, 208, 210, 303, 336, H.R. 1061. A bill to transfer certain land to claims of the White Mountain Apache Tribe and 337 Series Airplanes [Docket No.: FAA- the United States to be held in trust for the in the State of Arizona, and for other purposes; to the Committee on Natural Re- 2008-1328; Directorate Identifier 2008-CE-066- Hoh Indian Tribe, to place land into trust for sources. AD; Amendment 39-15776; AD 2008-26-10] (RIN: the Hoh Indian Tribe, and for other purposes; By Mr. FARR (for himself, Mr. 2120-AA64) received January 26, 2009, pursu- to the Committee on Natural Resources. DRIEHAUS, Mr. HONDA, Mr. PETRI, Ms. ant to 5 U.S.C. 801(a)(1)(A); to the Committee By Ms. ROS-LEHTINEN (for herself, MCCOLLUM, Ms. KAPTUR, Mr. RAHALL, on Transportation and Infrastructure. Mr. MCCOTTER, Mr. BURTON of Indi- 607. A letter from the Program Analyst, ana, Mr. WILSON of South Carolina, Mr. OLVER, Mr. WELCH, Mr. WAXMAN, Department of Transportation, transmitting Mr. BOOZMAN, Mr. MACK, Mr. ROHR- Mr. GEORGE MILLER of California, Mr. the Department’s final rule — Airworthiness ABACHER, Mr. POE of Texas, Mr. ING- VAN HOLLEN, Mrs. CAPPS, Mr. Directives; Aircraft Industries a.s. (Type LIS, Mr. BILIRAKIS, Mr. GALLEGLY, TIERNEY, Mr. MCDERMOTT, Ms. Certificate G60EU previously held by Mr. GOODLATTE, Mr. SAM JOHNSON of ESHOO, Mr. FALEOMAVAEGA, Mr. VIS- LETECKE ZAVODY a.s. and LET Aero- Texas, Ms. FOXX, Mrs. MYRICK, Mr. CLOSKY, Mr. RANGEL, Mr. ETHERIDGE, nautical Works) Model L 23 Super Blanik MILLER of Florida, Mr. LAMBORN, Ms. Mr. PRICE of North Carolina, Mr. Sailplane [Docket No.: FAA-2008-1138; Direc- FALLIN, and Mrs. LUMMIS): CALVERT, Mr. TAYLOR, Mr. ENGEL, torate Identifier 2008-CE-059-AD; Amendment H.R. 1062. A bill to amend the Foreign As- Mr. HASTINGS of Florida, Mr. BERRY, 39-15778; AD 2008-26-12] (RIN: 2120-AA64) re- sistance Act of 1961 to provide for the estab- Mr. FATTAH, Mr. PIERLUISI, Ms. ceived January 26, 2009, pursuant to 5 U.S.C. lishment and implementation of a system to DELAURO, Mrs. HALVORSON, Mr. 801(a)(1)(A); to the Committee on Transpor- verify that persons who receive United MEEKS of New York, Ms. ZOE tation and Infrastructure. States foreign assistance funds are not affili- LOFGREN of California, Mr. 608. A letter from the Program Analyst, ated with or do not support foreign terrorist PERLMUTTER, Ms. SOLIS of California, Department of Transportation, transmitting organizations or do not otherwise commit or Ms. SCHAKOWSKY, Ms. HIRONO, Mr. the Department’s final rule — Airworthiness support acts of international terrorism, and JACKSON of Illinois, Mr. CONNOLLY of Directives; McDonnell Douglas Model DC-8- for other purposes; to the Committee on For- Virginia, Mr. HARE, Mr. TEAGUE, and 11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, eign Affairs. Mr. KAGEN): DC-8-41, DC-8-42, and DC-8-43 Airplanes; By Mr. HENSARLING (for himself, Mr. H.R. 1066. A bill to amend the Peace Corps Model DC-8-51, DC-8-52, DC-8-53, and DC-8-55 CONAWAY, Mr. GINGREY of Georgia, Act to provide continued funding for the Peace Corps, to increase the readjustment Airplanes; Model DC-8F-54 and DC-8F-55 Air- Mrs. BLACKBURN, Mr. BOEHNER, Mr. allowances for Peace Corps volunteers and planes; Model DC-8-61, DC-8-62, and DC-8-63 CANTOR, and Mr. PENCE): volunteer leaders, and for other purposes; to Airplanes; Model DC-8-61F, DC-8-62F, and H.R. 1063. A bill to repeal a requirement the Committee on Foreign Affairs. DC-8-63F Airplanes; Model DC-8-71, DC-8-72, with respect to the procurement and acquisi- By Mr. HALL of Texas (for himself and and DC-8-73 Airplanes; and Model DC-8-71F, tion of alternative fuels; to the Committee on Oversight and Government Reform. Mr. WEXLER): DC-8-72F, and DC-8-73F Airplanes [Docket H.R. 1067. A bill to amend title II of the So- No.: FAA-2008-0123; Directorate Identifier By Mr. SCOTT of Virginia (for himself, Mr. CASTLE, Mr. LARSON of Con- cial Security Act to allow workers who at- 2007-NM-056-AD; Amendment 39-15763; AD tain age 65 after 1981 and before 1992 to 2008-25-05] (RIN: 2120-AA64) Received January necticut, Ms. LEE of California, Mr. LEWIS of Georgia, Mr. CONNOLLY of choose either lump sum payments over four 26, 2009, pursuant to 5 U.S.C. to the Com- years totalling $5,000 or an improved benefit mittee on Transportation and Infrastruc- Virginia, Mr. CAO, Ms. CORRINE BROWN of Florida, Ms. WATSON, Mr. computation formula under a new 10-year ture. rule governing the transition to the changes WEINER, Mr. SESTAK, Mr. KENNEDY, 609. A letter from the Program Analyst, in benefit computation rules enacted in the Mrs. CHRISTENSEN, Mr. GRIJALVA, Mr. Department of Transportation, transmitting Social Security Amendments of 1977, and for MCGOVERN, Mr. CUMMINGS, Ms. the Department’s final rule — Airworthiness other purposes; to the Committee on Ways BORDALLO, Mr. SERRANO, Mr. MARKEY Directives; MD Helicopters, Inc. Model and Means. of Massachusetts, Mr. HASTINGS of MD900 Helicopters [Docket No.: FAA-2008- By Mr. DEFAZIO (for himself, Mr. Florida, Mr. FATTAH, Mr. NADLER of 1250; Directorate Identifier 2008-SW-49-AD; WELCH, Ms. SUTTON, Mr. CAPUANO, New York, Ms. KILPATRICK of Michi- Amendment 39-15775; AD 2008-17-51] (RIN: Mr. WU, Mr. STARK, Ms. DELAURO, gan, Ms. DEGETTE, Mr. HONDA, Ms. 2120-AA64) received January 26, 2009, pursu- and Ms. EDWARDS of Maryland): ant to 5 U.S.C. 801(a)(1)(A); to the Committee SUTTON, Mr. CLAY, Ms. WATERS, Mr. H.R. 1068. A bill to amend the Internal Rev- on Transportation and Infrastructure. JOHNSON of Georgia, Ms. NORTON, Ms. enue Code of 1986 to impose a tax on certain JACKSON-LEE of Texas, Ms. ZOE f securities transactions to the extent re- LOFGREN of California, Ms. HIRONO, quired to recoup the net cost of the Troubled PUBLIC BILLS AND RESOLUTIONS Mrs. CAPPS, Ms. WASSERMAN Asset Relief Program; to the Committee on SCHULTZ, Mr. MCDERMOTT, Ms. WOOL- Under clause 2 of rule XII, public Ways and Means. SEY, Mrs. LOWEY, Mr. COHEN, Mr. By Mr. CALVERT (for himself, Mr. bills and resolutions were introduced MEEKS of New York, Mr. ELLISON, and severally referred, as follows: BILBRAY, Ms. JENKINS, Mr. MILLER of Ms. LORETTA SANCHEZ of California, Florida, and Mr. ISSA): By Mr. FRANKS of Arizona (for him- Mr. HINCHEY, Mr. DAVIS of Illinois, H.R. 1069. A bill to provide for certain re- self, Mr. BROUN of Georgia, Mr. Ms. SHEA-PORTER, Mr. SARBANES, Mr. quirements related to the closing of the PENCE, Mr. GOHMERT, Mr. THOMPSON TIERNEY, Ms. EDDIE BERNICE JOHNSON Guantanamo Bay detention facility; to the of Pennsylvania, Mr. ALEXANDER, Mr. of Texas, Mr. BRADY of Pennsylvania, Committee on Armed Services. MCHENRY, Mr. GINGREY of Georgia, Mr. DAVIS of Alabama, Mr. By Mr. JONES: Mr. MARCHANT, Mr. LATTA, Mr. FALEOMAVAEGA, Ms. CLARKE, Mr. H.R. 1070. A bill to amend the Internal Rev- NEUGEBAUER, Mr. POSEY, Mr. MCCLIN- BISHOP of Georgia, Mr. RYAN of Ohio, enue Code of 1986 to increase the limitation TOCK, Mr. RYAN of Wisconsin, Ms. Mrs. NAPOLITANO, Mr. RUSH, Mr. on the capital loss carryovers of individuals FALLIN, Mr. PITTS, Mr. HARPER, and PAYNE, Ms. SCHAKOWSKY, Mr. STARK, to $10,000; to the Committee on Ways and Mr. BOUSTANY): Mr. CARSON of Indiana, Mr. AL GREEN Means. H.R. 1058. A bill to amend the Internal Rev- of Texas, Ms. MOORE of Wisconsin, By Mr. THOMPSON of Pennsylvania enue Code of 1986 to repeal the inclusion in Mr. SCOTT of Georgia, Mr. CLEAVER, (for himself and Mr. RODRIGUEZ):

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H.R. 1071. A bill to prohibit the imposition SARBANES, Mr. SCHIFF, Mr. SHULER, Mr. HELLER, Mr. FRELINGHUYSEN, Mr. and collection of tolls on certain highways Mr. SIRES, Ms. SLAUGHTER, Ms. SUT- PITTS, Mr. SHUSTER, Mr. WESTMORE- constructed using Federal funds; to the Com- TON, Mr. TOWNS, Mr. WATT, and Mr. LAND, Mr. DENT, Mr. ROSKAM, Mr. mittee on Transportation and Infrastruc- WAXMAN): PRICE of Georgia, Mr. SCALISE, Mr. ture. H.R. 1078. A bill to establish the Harriet COLE, Mr. FRANKS of Arizona, Mr. By Ms. ROS-LEHTINEN (for herself, Tubman National Historical Park in Auburn, SAM JOHNSON of Texas, Mr. BURTON of Mr. ROYCE, and Mr. SMITH of New New York, and the Harriet Tubman Under- Indiana, Ms. FALLIN, Mr. BARTLETT, Jersey): ground Railroad National Historical Park in Mrs. SCHMIDT, Mr. HENSARLING, Mr. H.R. 1072. A bill to prohibit United States Caroline, Dorchester, and Talbot Counties, BISHOP of Utah, Mr. SMITH of Texas, contributions to the United Nations for the Maryland, and for other purposes; to the Mr. AKIN, Mr. GERLACH, Mr. MACK, purpose of paying or reimbursing the legal Committee on Natural Resources. Mr. DEAL of Georgia, Mrs. expenses of United Nations officers or em- By Mr. BAIRD (for himself, Mr. CAS- BLACKBURN, Mr. BUCHANAN, Mr. HALL ployees charged with malfeasance, and for TLE, Mr. DEAL of Georgia, Mr. DICKS, of Texas, Mr. WOLF, Mrs. CAPITO, Mr. other purposes; to the Committee on Foreign Mr. GERLACH, Ms. HARMAN, Ms. KAP- RADANOVICH, Mr. LINDER, and Mrs. Affairs. TUR, Mr. KIRK, Mr. LATOURETTE, Ms. MCMORRIS RODGERS): By Mr. ROONEY (for himself, Mr. MIL- ZOE LOFGREN of California, Mr. H.R. 1086. A bill to improve patient access LER of Florida, Mr. POSEY, Mr. SPACE, Mr. TIERNEY, and Mr. YOUNG to health care services and provide improved STEARNS, Mr. MACK, Mr. MARIO DIAZ- of Florida): medical care by reducing the excessive bur- BALART of Florida, Ms. GINNY BROWN- H.R. 1079. A bill to expand the research, den the liability system places on the health WAITE of Florida, Mr. PUTNAM, Mr. prevention, and awareness activities of the care delivery system; to the Committee on YOUNG of Florida, and Mr. MICA): Centers for Disease Control and Prevention the Judiciary, and in addition to the Com- H.R. 1073. A bill to prohibit the use of funds and the National Institutes of Health with mittee on Energy and Commerce, for a pe- to transfer individuals detained at Naval respect to pulmonary fibrosis, and for other riod to be subsequently determined by the Station, Guantanamo Bay, Cuba, to facilities purposes; to the Committee on Energy and Speaker, in each case for consideration of in Florida or to house such individuals at Commerce. such provisions as fall within the jurisdic- such facilities; to the Committee on Armed By Ms. BORDALLO (for herself, Mr. tion of the committee concerned. Services. ABERCROMBIE, Mr. FALEOMAVAEGA, By Mr. GINGREY of Georgia (for him- By Mr. SCALISE: Mr. FARR, Mrs. CHRISTENSEN, and Mr. self, Mr. SESSIONS, Mr. SAM JOHNSON H.R. 1074. A bill to amend chapter 44 of SABLAN): of Texas, Mr. BROWN of South Caro- title 18, United States Code, to update cer- H.R. 1080. A bill to strengthen enforcement lina, Mr. AKIN, Mr. SMITH of Texas, tain procedures applicable to commerce in mechanisms to stop illegal, unreported, and Mr. BISHOP of Utah, Mr. HENSARLING, firearms and remove certain Federal restric- unregulated fishing, and for other purposes; Mrs. SCHMIDT, Mr. BARTLETT, Mr. tions on interstate firearms transactions; to to the Committee on Natural Resources. PITTS, Ms. FALLIN, Mr. BURTON of In- the Committee on the Judiciary. By Mr. BERRY (for himself and Mrs. diana, Mr. FLEMING, Mr. COLE, Mr. By Mr. SCALISE (for himself, Mr. AL- EMERSON): KING of Iowa, Mr. PRICE of Georgia, EXANDER, Mr. BOUSTANY, Mr. H.R. 1081. A bill to amend the Post-Katrina and Mr. LAMBORN): CASSIDY, Ms. JACKSON-LEE of Texas, Emergency Management Reform Act of 2006 H.R. 1087. A bill to amend the Internal Rev- to extend the public assistance pilot program Mr. BRADY of Pennsylvania, Mr. enue Code of 1986 to increase the deduction through December 31, 2009; to the Committee OLSON, Mr. DUNCAN, and Mr. under section 179 for the purchase of quali- on Transportation and Infrastructure. RODRIGUEZ): fied health care information technology by H.R. 1075. A bill to amend title 38, United By Mr. BOREN (for himself and Mr. medical care providers, and for other pur- States Code, to expand access to hospital JONES): poses; to the Committee on Ways and Means, care for veterans in major disaster areas, and H.R. 1082. A bill to prohibit the importa- and in addition to the Committee on Energy tion for sale of foreign-made flags of the for other purposes; to the Committee on Vet- and Commerce, for a period to be subse- United States of America; to the Committee erans’ Affairs. quently determined by the Speaker, in each on Ways and Means. By Mr. SMITH of Texas: case for consideration of such provisions as H.R. 1076. A bill to amend title 18, United By Mr. BOUCHER (for himself, Mr. fall within the jurisdiction of the committee States Code, to protect youth from exploi- GOODLATTE, Mr. DAVIS of Alabama, concerned. tation by adults using the Internet, and for Mrs. BACHMANN, Ms. HERSETH By Ms. HERSETH SANDLIN: other purposes; to the Committee on the Ju- SANDLIN, Mr. JONES, Mr. SCOTT of H.R. 1088. A bill to amend title 38, United diciary. Virginia, Mr. JORDAN of Ohio, Mr. States Code, to provide for a one-year period WEINER, Mr. PENCE, and Mr. WILSON for the training of new disabled veterans’ By Mr. ROSS (for himself, Mr. LEWIS of of South Carolina): outreach program specialists and local vet- Georgia, and Mr. AKIN): H.R. 1077. A bill to amend title XVIII of the H.R. 1083. A bill to regulate certain State erans’ employment representatives by Na- Social Security Act to provide for Medicare taxation of interstate commerce, and for tional Veterans’ Employment and Training other purposes; to the Committee on the Ju- coverage of services of qualified respiratory Services Institute; to the Committee on Vet- diciary. erans’ Affairs. therapists performed under the general su- By Ms. ESHOO (for herself, Mr. DOYLE, By Ms. HERSETH SANDLIN: pervision of a physician; to the Committee Mr. GEORGE MILLER of California, Ms. H.R. 1089. A bill to amend title 38, United on Energy and Commerce, and in addition to SUTTON, Mr. SIRES, Mr. BOUCHER, Mr. States Code, to provide for the enforcement the Committee on Ways and Means, for a pe- BRADY of Pennsylvania, Mr. BISHOP through the Office of Special Counsel of the riod to be subsequently determined by the of New York, Ms. WATSON, Ms. employment and unemployment rights of Speaker, in each case for consideration of SCHWARTZ, Ms. ZOE LOFGREN of Cali- veterans and members of the Armed Forces such provisions as fall within the jurisdic- fornia, Mr. THOMPSON of California, employed by Federal executive agencies, and tion of the committee concerned. Ms. MCCOLLUM, Mr. HARE, Mr. for other purposes; to the Committee on Vet- By Mr. ARCURI (for himself, Ms. ED- HONDA, Mr. CAPUANO, Ms. SPEIER, Mr. erans’ Affairs. WARDS of Maryland, Mr. KRATOVIL, GENE GREEN of Texas, Mr. DICKS, Mr. By Mr. HILL: Mr. ACKERMAN, Mr. BACA, Mr. BISHOP CROWLEY, Ms. LEE of California, and H.R. 1090. A bill to amend the Internal Rev- of Georgia, Mr. BISHOP of New York, enue Code of 1986 to allow a credit for care Ms. LORETTA SANCHEZ of California): Ms. CORRINE BROWN of Florida, Mr. H.R. 1084. A bill to require the Federal packages provided for soldiers in combat CAPUANO, Mrs. CHRISTENSEN, Mr. Communications Commission to prescribe a zones and a credit for providing volunteer CLAY, Mr. COHEN, Mr. CONNOLLY of standard to preclude commercials from being service to military families through the Virginia, Mr. CONYERS, Mr. CROWLEY, broadcast at louder volumes than the pro- America Supports You program of the De- Mr. CUMMINGS, Mr. DAVIS of Illinois, gram material they accompany; to the Com- partment of Defense; to the Committee on Mr. DONNELLY of Indiana, Ms. FUDGE, mittee on Energy and Commerce. Ways and Means. Mr. GRAYSON, Mr. HASTINGS of Flor- By Ms. ESHOO (for herself, Mr. By Mr. HONDA (for himself, Mr. PAUL, ida, Mr. HIGGINS, Mr. HINCHEY, Mr. ALTMIRE, Mr. LANGEVIN, Ms. SUTTON, Mr. GRIJALVA, Mr. VAN HOLLEN, Mr. HOYER, Mr. ISRAEL, Ms. JACKSON-LEE and Mr. KILDEE): OLVER, Mr. CLEAVER, Ms. BALDWIN, of Texas, Mr. JOHNSON of Georgia, H.R. 1085. A bill to impose a limitation on Mr. WAXMAN, Mr. CONYERS, Ms. Ms. LEE of California, Mr. LEWIS of lifetime aggregate limits imposed by health WOOLSEY, Mr. NADLER of New York, Georgia, Mrs. MCCARTHY of New plans; to the Committee on Energy and Com- Mrs. CAPPS, Ms. HIRONO, Mr. York, Mrs. MALONEY, Mr. MARKEY of merce, and in addition to the Committee on DEFAZIO, Ms. BERKLEY, Mr. MCGOV- Massachusetts, Mr. MASSA, Mr. Education and Labor, for a period to be sub- ERN, Mr. DELAHUNT, Mrs. MALONEY, MATHESON, Mr. MEEKS of New York, sequently determined by the Speaker, in Mr. KAGEN, Ms. MCCOLLUM, Mr. Mr. MELANCON, Mr. MORAN of Vir- each case for consideration of such provi- MCDERMOTT, Mr. AL GREEN of Texas, ginia, Ms. MOORE of Wisconsin, Mr. sions as fall within the jurisdiction of the Mr. SIRES, Mr. MEEKS of New York, MURPHY of Connecticut, Mr. NADLER committee concerned. Ms. MOORE of Wisconsin, Mr. STARK, of New York, Ms. NORTON, Mr. By Mr. GINGREY of Georgia (for him- Mr. SERRANO, Mr. WELCH, and Mr. PAYNE, Mr. RANGEL, Mr. REYES, Mr. self, Mrs. BACHMANN, Mr. SESSIONS, ROTHMAN of New Jersey):

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H.R. 1091. A bill to amend the Elementary By Mr. SIRES (for himself, Mr. FRANK SCHULTZ, Mr. ROTHMAN of New Jer- and Secondary Education Act of 1965 to di- of Massachusetts, Mr. MCDERMOTT, sey, Mr. KLEIN of Florida, and Mr. rect local educational agencies to release and Mr. CAPUANO): PATRICK J. MURPHY of Pennsylvania): secondary school student information to H.R. 1099. A bill to provide for extension of H.R. 1103. A bill to modify the prohibition military recruiters if the student’s parent existing and expiring agreements under the on recognition by United States courts of provides written consent for the release, and Moving-to-Work program of the Department certain rights relating to certain marks, for other purposes; to the Committee on of Housing and Urban Development; to the trade names, or commercial names; to the Education and Labor. Committee on Financial Services. Committee on the Judiciary. By Mr. KAGEN: By Mrs. TAUSCHER: By Mr. WAXMAN (for himself, Mr. H.R. 1092. A bill to amend the Employee H.R. 1100. A bill to authorize the Com- LATOURETTE, and Mr. CANTOR): Retirement Income Security Act of 1974, mandant of the Coast Guard to issue regula- H. Con. Res. 54. Concurrent resolution per- Public Health Service Act, and the Internal tions that require certain pilots on vessels mitting the use of the Rotunda of the Cap- Revenue Code of 1986 to prohibit discrimina- operating in designated waters to carry and itol for a ceremony as part of the commemo- tion in group health coverage and individual utilize a portable electronic device equipped ration of the days of remembrance of victims health insurance coverage; to the Committee for navigational purposes, and for other pur- of the Holocaust; to the Committee on House on Energy and Commerce, and in addition to poses; to the Committee on Transportation Administration. the Committees on Education and Labor, and Infrastructure. By Mr. MCINTYRE: and Ways and Means, for a period to be sub- By Mr. TOWNS (for himself, Mr. H. Res. 169. A resolution expressing the sequently determined by the Speaker, in UPTON, Mr. COHEN, Ms. SCHWARTZ, sense of the House of Representatives that each case for consideration of such provi- Mr. HOLT, Ms. ROYBAL-ALLARD, and Robert Burns was a true friend of the United sions as fall within the jurisdiction of the Mr. PAYNE): States, that his work inspired the citizens of committee concerned. H.R. 1101. A bill to amend title XVIII of the this Nation, as well as his native Scotland, By Mr. LEWIS of Georgia: Social Security Act to provide for reim- and that the annual celebration of his birth H.R. 1093. A bill to amend title II of the So- bursement of certified midwife services and is a tradition that transcends national cial Security Act to provide for an increase to provide for more equitable reimbursement boundaries, and as a result, should be ob- in the maximum level of fees authorized to rates for certified nurse-midwife services; to served in communities around the world; to be charged by representatives with respect the Committee on Ways and Means, and in the Committee on Foreign Affairs. to claims of entitlement to past-due benefits addition to the Committee on Energy and By Mr. DEFAZIO (for himself, Mr. WAL- and to require cost-of-living adjustments to Commerce, for a period to be subsequently DEN, Mr. BLUMENAUER, Mr. WU, and such level of authorized fees; to the Com- determined by the Speaker, in each case for Mr. SCHRADER): mittee on Ways and Means. consideration of such provisions as fall with- H. Res. 170. A resolution recognizing the By Mr. LEWIS of Georgia (for himself in the jurisdiction of the committee con- sesquicentennial of the admission of Oregon and Mr. LINCOLN DIAZ-BALART of cerned. into the Union and the contributions of Or- Florida): By Mr. VAN HOLLEN (for himself, Mr. egon residents to the economic, social, and H.R. 1094. A bill to ensure that home GEORGE MILLER of California, Ms. cultural development of the United States; health agencies can assign the most appro- BERKLEY, Mr. BERMAN, Mr. BISHOP of to the Committee on Oversight and Govern- priate skilled service to make the initial as- Georgia, Mr. BISHOP of New York, ment Reform. sessment visit for home health services for Mr. BLUMENAUER, Ms. BORDALLO, Mr. By Mr. BERMAN (for himself, Mr. Medicare beneficiaries requiring rehabilita- BOUCHER, Mr. BRADY of Pennsyl- WEXLER, Mr. HASTINGS of Florida, tion therapy under a home health plan of vania, Ms. CORRINE BROWN of Florida, Mr. CARNAHAN, Mr. FORTENBERRY, care, based upon physician referral; to the Mrs. CAPPS, Mr. CARNAHAN, Mr. CAR- Mr. ENGEL, Mr. KIRK, and Mr. POM- Committee on Ways and Means, and in addi- NEY, Mr. CARSON of Indiana, Ms. CAS- EROY): tion to the Committee on Energy and Com- TOR of Florida, Mr. CHANDLER, Mr. H. Res. 171. A resolution expressing the merce, for a period to be subsequently deter- CLAY, Mr. CLEAVER, Mr. COHEN, Mr. sense of the House of Representatives on the mined by the Speaker, in each case for con- CONNOLLY of Virginia, Mr. CONYERS, need for constitutional reform in Bosnia and sideration of such provisions as fall within Mr. COSTELLO, Mr. COURTNEY, Mr. Herzegovina and the importance of sustained the jurisdiction of the committee concerned. CUMMINGS, Mr. DAVIS of Illinois, Mrs. United States engagement in partnership By Mrs. MALONEY: DAVIS of California, Mr. DEFAZIO, Mr. with the European Union (EU); to the Com- H.R. 1095. A bill to prohibit any recipient DELAHUNT, Mr. DOYLE, Ms. EDWARDS mittee on Foreign Affairs. of emergency Federal economic assistance of Maryland, Mr. ELLISON, Mr. By Mr. BRADY of Pennsylvania: from using such funds for lobbying expendi- ENGEL, Mr. ETHERIDGE, Mr. FRANK of H. Res. 172. A resolution providing tures or political contributions, to improve Massachusetts, Mr. AL GREEN of amounts for the expenses of the Committee transparency, enhance accountability, en- Texas, Mr. GENE GREEN of Texas, Mr. on House Administration in the One Hundred courage responsible corporate governance, GRIJALVA, Mr. GUTIERREZ, Mr. HARE, Eleventh Congress; to the Committee on and for other purposes; to the Committee on Mr. HIGGINS, Mr. HINOJOSA, Mr. HOLT, House Administration. Financial Services. Mr. HONDA, Mr. KAGEN, Ms. KIL- By Mr. GRAVES (for himself, Mr. RA- By Mr. MARSHALL (for himself, Mr. PATRICK of Michigan, Mr. KLEIN of HALL, Mr. SMITH of New Jersey, and DEFAZIO, Mr. BARTLETT, Mr. BARROW, Florida, Mr. KUCINICH, Mr. LARSON of Ms. ZOE LOFGREN of California): and Mr. TAYLOR): Connecticut, Mr. LEWIS of Georgia, H. Res. 173. A resolution expressing the H.R. 1096. A bill to create an electronic em- Mr. LOEBSACK, Mr. LYNCH, Mrs. sense of the House of Representatives that ployment eligibility verification system to MALONEY, Mrs. MCCARTHY of New the United States Postal Service should take ensure that all workers in the United States York, Mr. MCDERMOTT, Mr. MCGOV- all appropriate measures to ensure the con- are legally able to work, and for other pur- ERN, Mr. MCMAHON, Ms. MOORE of tinuation of its 6-day mail delivery service; poses; to the Committee on the Judiciary, Wisconsin, Mr. MURPHY of Con- to the Committee on Oversight and Govern- and in addition to the Committees on Ways necticut, Mr. TIM MURPHY of Penn- ment Reform. and Means, and Education and Labor, for a sylvania, Mr. ORTIZ, Mr. PALLONE, By Mr. HASTINGS of Florida: period to be subsequently determined by the Mr. POLIS of Colorado, Mr. REYES, H. Res. 174. A resolution acknowledging Speaker, in each case for consideration of Mr. RODRIGUEZ, Mr. ROSS, Mr. ROTH- the growing threat of anti-Semitism such provisions as fall within the jurisdic- MAN of New Jersey, Ms. SCHAKOWSKY, throughout South America, namely in Ven- tion of the committee concerned. Mr. SCOTT of Virginia, Mr. SCOTT of ezuela, Bolivia, and Argentina; to the Com- By Mr. PAUL: Georgia, Mr. SESTAK, Mr. SIRES, Mr. mittee on Foreign Affairs. H.R. 1097. A bill to amend the Internal Rev- STARK, Ms. SUTTON, Mr. TIERNEY, Mr. By Mr. KIRK (for himself, Mr. MCGOV- enue Code of 1986 to provide tax relief for ob- WEXLER, Mr. WILSON of Ohio, Ms. ERN, Mr. SHERMAN, Mr. BURTON of In- taining transportation worker identification WOOLSEY, Mr. WU, and Mr. YARMUTH): diana, Mr. FOSTER, Mr. HINCHEY, Mr. credentials; to the Committee on Ways and H.R. 1102. A bill to require full funding of WOLF, and Mr. MORAN of Virginia): Means. the Elementary and Secondary Education H. Res. 175. A resolution condemning the By Mr. PERRIELLO: Act of 1965 and the Individuals with Disabil- Government of Iran for its state-sponsored H.R. 1098. A bill to amend title 38, United ities Education Act; to the Committee on persecution of its Baha’i minority and its States Code, to increase the amount of edu- Education and Labor, and in addition to the continued violation of the International Cov- cational assistance payable by the Secretary Committee on Appropriations, for a period to enants on Human Rights; to the Committee of Veterans Affairs to certain individuals be subsequently determined by the Speaker, on Foreign Affairs. pursuing internships or on-job training; to in each case for consideration of such provi- By Mr. LATTA: the Committee on Veterans’ Affairs, and in sions as fall within the jurisdiction of the H. Res. 176. A resolution expressing the addition to the Committee on Armed Serv- committee concerned. sense of the House of Representatives that in ices, for a period to be subsequently deter- By Mr. WEXLER (for himself, Mr. ISSA, order to continue aggressive growth in our mined by the Speaker, in each case for con- Mr. ENGEL, Ms. ROS-LEHTINEN, Mr. Nation’s telecommunications and tech- sideration of such provisions as fall within HASTINGS of Florida, Mr. BURTON of nology industries, the United States Govern- the jurisdiction of the committee concerned. Indiana, Mr. BOYD, Ms. WASSERMAN ment should ‘‘Get Out of the Way and Stay

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Out of the Way’’; to the Committee on En- H.R. 22: Ms. WOOLSEY and Mr. BOOZMAN. H.R. 578: Ms. EDDIE BERNICE JOHNSON of ergy and Commerce, and in addition to the H.R. 24: Mr. BROUN of Georgia and Mr. Texas. Committee on the Judiciary, for a period to GOHMERT. H.R. 587: Mr. DREIER. be subsequently determined by the Speaker, H.R. 31: Mr. DUNCAN, Mr. KIRK, Mrs. MIL- H.R. 593: Mr. ARCURI. in each case for consideration of such provi- LER of Michigan, and Ms. ESHOO. H.R. 599: Mr. ABERCROMBIE and Mr. BARTON sions as fall within the jurisdiction of the H.R. 44: Mr. CAO. of Texas. committee concerned. H.R. 52: Mr. BLUMENAUER, Ms. BORDALLO, H.R. 613: Mr. GORDON of Tennessee, Mr. By Mr. MARKEY of Massachusetts (for Mr. FORTENBERRY, Mr. MORAN of Virginia, MARSHALL, Mr. PASTOR of Arizona, Mr. RA- himself, Mr. SMITH of New Jersey, Mr. PAYNE, Ms. HIRONO, Mr. EHLERS, Ms. HALL, Mrs. EMERSON, Mr. GOHMERT, Mr. BAR- Mr. DELAHUNT, Mr. BLUMENAUER, Mr. MCCOLLUM, Mr. GRIJALVA, Mr. CALVERT, and ROW, Mr. CARTER, Mr. JOHNSON of Georgia, GRIJALVA, and Ms. SHEA-PORTER): Mr. SIRES. Mr. FORTENBERRY, Mr. MICHAUD, Mr. POSEY, H. Res. 177. A resolution expressing the H.R. 81: Mrs. LOWEY. Mr. BOREN, Mr. SCHIFF, Mr. ROHRABACHER, sense of the House of Representatives con- H.R. 131: Mrs. BIGGERT, Mr. BISHOP of Utah, and Mr. LATOURETTE. cerning membership of the United States in Mr. ROGERS of Alabama, and Mr. BONNER. H.R. 627: Ms. ZOE LOFGREN of California the International Renewable Energy Agency; H.R. 147: Mr. NYE, Mr. CARSON of Indiana, and Mr. STUPAK. to the Committee on Foreign Affairs. Mr. MCGOVERN, Mr. COSTA, Mr. PETERSON, H.R. 630: Mr. MARCHANT and Mr. GOOD- By Mr. PASCRELL (for himself, Mr. Mr. HASTINGS of Florida, and Mr. ARCURI. LATTE. PLATTS, Mr. GRIJALVA, Mr. MCGOV- H.R. 164: Ms. GINNY BROWN-WAITE of Flor- H.R. 649: Mr. BUCHANAN, Mr. WITTMAN, Mr. ERN, Mr. MCDERMOTT, Mr. DELAHUNT, ida. SAM JOHNSON of Texas, Mr. COFFMAN of Colo- Mr. SMITH of New Jersey, Mr. HIN- H.R. 175: Mr. INSLEE and Mr. GRIJALVA. rado, Mr. TIM MURPHY of Pennsylvania, and CHEY, Mr. CARNEY, Mr. KENNEDY, Mr. H.R. 211: Mr. PLATTS, Mr. SCHAUER, Mr. Mr. GOODLATTE. THOMPSON of California, Mr. GEORGE MOLLOHAN, Mr. YARMUTH, Mr. BILBRAY, Mr. H.R. 658: Mr. CROWLEY and Mr. MICHAUD. MILLER of California, Ms. HERSETH THOMPSON of Mississippi, Mr. MORAN of Vir- H.R. 667: Ms. JACKSON-LEE of Texas, Mr. SANDLIN, Mrs. NAPOLITANO, Ms. BERK- ginia, Mr. ALEXANDER, Mr. DRIEHAUS, Mr. OBERSTAR, Ms. EDDIE BERNICE JOHNSON of LEY, Ms. BORDALLO, Mr. VAN HOLLEN, MCGOVERN, Mrs. CAPPS, Mr. GRIJALVA, Mr. Texas, and Mr. NEAL of Massachusetts. Mr. ALTMIRE, Mr. ROSS, Mr. MURTHA, LARSON of Connecticut, Ms. DELAURO, Mr. H.R. 702: Mr. GENE GREEN of Texas. Mr. HOLT, Mr. LOBIONDO, Mr. ROSS, Mr. FARR, Ms. MCCOLLUM, Ms. MATSUI, H.R. 734: Mr. RYAN of Ohio, Ms. MOORE of LAMBORN, Ms. ROS-LEHTINEN, Ms. ED- Mr. CARDOZA, Mr. SCHIFF, and Mr. VAN Wisconsin, Mr. VAN HOLLEN, Mr. BILIRAKIS, WARDS of Maryland, Mr. BOSWELL, HOLLEN. Mr. TAYLOR, and Mr. GRIJALVA. Mr. SNYDER, Mr. TAYLOR, Mr. ROGERS H.R. 216: Mr. BOREN. H.R. 745: Mr. FILNER and Mr. MCDERMOTT. of Alabama, Ms. SUTTON, Mrs. DAVIS H.R. 225: Mr. CARNAHAN, Ms. MCCOLLUM, H.R. 775: Mr. LINCOLN DIAZ-BALART of Flor- of California, Mr. CUMMINGS, Mr. Mr. GENE GREEN of Texas, Mr. TIERNEY, and ida, Mr. LOBIONDO, Mr. ALEXANDER, Mr. SESTAK, Ms. MCCOLLUM, Mr. NYE, Mr. Mr. PETERS. ELLISON, Mr. OBERSTAR, Mr. ABERCROMBIE, MARKEY of Massachusetts, Mr. BRADY H.R. 226: Mr. LATOURETTE and Mr. KING of Mr. MCHENRY, Mr. MORAN of Kansas, and Mr. of Pennsylvania, Mr. HOLDEN, Mrs. New York. PRICE of North Carolina. MCCARTHY of New York, Mr. H.R. 235: Mr. WALZ, Mr. DAVIS of Kentucky, H.R. 783: Mr. GOODLATTE. H.R. 796: Mr. BECERRA. CAPUANO, Ms. GIFFORDS, Mrs. Mr. CONAWAY, Mr. GERLACH, Mr. SULLIVAN, H.R. 802: Mr. PAUL. CHRISTENSEN, Mr. WALZ, Mr. SPRATT, Mr. BOUCHER, Mr. JOHNSON of Illinois, Mr. H.R. 819: Mr. FATTAH and Mr. ALTMIRE. Mr. HARE, Mr. MICHAUD, Mr. GON- CARDOZA, Mr. MILLER of North Carolina, and H.R. 824: Mr. MCGOVERN. ZALEZ, Mr. BROWN of South Carolina, Mr. ISRAEL. H.R. 270: Mr. CONNOLLY of Virginia and Mr. H.R. 836: Mr. RODRIGUEZ, Mrs. MYRICK, Mr. Mr. BRALEY of Iowa, Mr. RYAN of SCHIFF. KING of New York, Mr. WU, Mr. BUCHANAN, Ohio, Mr. ROTHMAN of New Jersey, H.R. 303: Mr. LOBIONDO, Mr. CALVERT, Mr. Mr. COBLE, Mr. MARCHANT, Mr. GARRETT of Mr. SIRES, Mr. CONNOLLY of Virginia, WALDEN, Mr. PRICE of North Carolina, and New Jersey, Mr. CULBERSON, Mr. FILNER, Mr. Mrs. EMERSON, Mr. LEWIS of Georgia, Mr. MORAN of Kansas. HENSARLING, Mr. PERLMUTTER, Mr. BISHOP of Mr. HALL of New York, Mr. H.R. 333: Mr. BOREN and Mr. ARCURI. Georgia, Mr. WESTMORELAND, Mrs. DRIEHAUS, Ms. LORETTA SANCHEZ of H.R. 336: Mr. HASTINGS of Florida. BACHMANN, Mr. BLUNT, Mr. DOYLE, Mr. GER- California, Ms. KAPTUR, Mr. SMITH of H.R. 345: Ms. SUTTON, Mr. CONAWAY, Mr. LACH, Mr. MILLER of Florida, Mrs. BONO Washington, Mr. BISHOP of New York, GRIJALVA, Mr. MILLER of North Carolina, Mr. MACK, Mr. WALDEN, Mr. CARDOZA, Mr. Mr. LANCE, Mr. RUSH, Mr. BACA, Mr. CONNOLLY of Virginia, Mr. DENT, and Mr. MCHENRY, Mr. WILSON of South Carolina, Mr. ROONEY, Mr. ADLER of New Jersey, WAXMAN. PAUL, Mr. BRADY of Texas, Mr. LAMBORN, Mr. Mr. SALAZAR, Mr. PETERSON, Mr. H.R. 347: Mr. GOODLATTE and Mr. MURPHY SPACE, Mr. MICHAUD, Mr. BOOZMAN, Mr. STEARNS, Mr. PERRIELLO, Mr. STARK, of Connecticut. LATTA, Mr. CONAWAY, and Mr. GENE GREEN of Mr. MCCOTTER, Mr. ARCURI, and Mr. H.R. 406: Ms. VELA´ ZQUEZ, MRS. BIGGERT, Texas. CONYERS): Mr. KIND, Ms. SHEA-PORTER, Mr. LYNCH, Mr. H.R. 846: Mr. HARE and Mr. CONNOLLY of H. Res. 178. A resolution expressing the COSTA, Mr. KENNEDY, and Mr. FATTAH. Virginia. need for enhanced public awareness of trau- H.R. 424: Mr. CALVERT and Mr. BOOZMAN. H.R. 847: Mr. CONNOLLY of Virginia. matic brain injury and support for the des- H.R. 467: Mr. CONNOLLY of Virginia. H.R. 857: Mr. ARCURI. ignation of a National Brain Injury Aware- H.R. 470: Mr. SULLIVAN, Mrs. MCMORRIS H.R. 866: Mr. LINDER and Mr. ALEXANDER. ness Month; to the Committee on Oversight RODGERS, and Mr. CASSIDY. H.R. 886: Ms. ROS-LEHTINEN, Mr. RYAN of and Government Reform. H.R. 479: Mr. YOUNG of Florida, Mr. Ohio, Mr. OBERSTAR, and Mr. PIERLUISI. f CONNOLLY of Virginia, and Mr. GENE GREEN H.R. 900: Mr. BOOZMAN, Mr. WAMP, and Mr. of Texas. PENCE. MEMORIALS H.R. 483: Mr. MILLER of North Carolina. H.R. 904: Mr. WILSON of Ohio. Under clause 3 of rule XII, H.R. 510: Mr. MOLLOHAN. H.R. 911: Mr. LOEBSACK, Mr. MEEKS of New 6. The SPEAKER presented a memorial of H.R. 557: Mr. COBLE, Mr. LOBIONDO, Mr. York, Mr. BISHOP of New York, Ms. Coldwater, Mississippi, relative to economic Chaffetz, Mr. BISHOP of Utah, Mr. WESTMORE- DELAURO, Mr. ANDREWS, and Mr. SCOTT of stimulus proposals for funding consideration; LAND, Ms. GINNY BROWN-WAITE of Florida, Virginia. to the Committee on Transportation and In- Mr. GOODLATTE, Mr. BARTLETT, Mr. LINDER, H.R. 930: Mr. CONNOLLY of Virginia, Mr. frastructure. Mr. JONES, Mr. YOUNG of Alaska, Mr. MCCAR- VAN HOLLEN, and Mr. PAYNE. THY of California, Mr. CALVERT, and Mr. H.R. 958: Mr. HARE, Ms. WOOLSEY, Mr. f MICA. FRANK of Massachusetts, Mr. ELLISON, Mr. PRIVATE BILLS AND H.R. 560: Mr. AKIN, Mrs. BACHMANN, Mr. MCGOVERN, Ms. ZOE LOFGREN of California, RESOLUTIONS BARRETT of South Carolina, Mr. BARTLETT, and Mr. ISRAEL. Mr. BISHOP of Utah, Mrs. BLACKBURN, Mr. H.R. 964: Mr. ROYCE, Mr. BISHOP of Utah, Under clause 3 of rule XII, BOOZMAN, Mr. BROUN of Georgia, Mr. BROWN and Mr. CALVERT. Ms. ZOE LOFGREN of California intro- of South Carolina, Mr. BURTON of Indiana, H.R. 968: Mr. LINDER. duced A bill (H.R. 1104) for the relief of Mr. COLE, Mr. CONAWAY, Ms. FALLIN, Mr. H.R. 980: Mr. HINOJOSA, Ms. BEAN, and Mr. Mikael Adrian Christopher Figueroa Alva- GINGREY of Georgia, Mr. GOHMERT, Mr. HOEK- SESTAK. rez; which was referred to the Committee on STRA, Mr. KING of Iowa, Mr. LAMBORN, Mr. H.R. 981: Mr. OLVER, Mr. JOHNSON of Geor- the Judiciary. PITTS, Mrs. SCHMIDT, and Mr. WESTMORE- gia, Mr. FARR, Mr. FILNER, Mr. DEFAZIO, Mr. LAND. GRIJALVA, Ms. LEE of California, Mr. HONDA, f H.R. 564: Mr. STUPAK and Mr. HOLT. Mr. HINCHEY, Ms. BALDWIN, and Ms. WOOL- ADDITIONAL SPONSORS H.R. 574: Mr. STUPAK and Ms. MCCOLLUM. SEY. H.R. 577: Mr. SIRES, Mr. GRAVES, Mr. H.R. 994: Mr. LINDER. Under clause 7 of rule XII, sponsors LOBIONDO, Mr. LARSON of Connecticut, Mr. H.R. 1015: Mr. COLE, Mr. CONAWAY, Mr. were added to public bills and resolu- PAYNE, Mr. HINOJOSA, Ms. NORTON, and Mr. LAMBORN, Mrs. LUMMIS, and Mr. GINGREY of tions as follows: CUMMINGS. Georgia.

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H.R. 1024: Ms. DELAURO. H. Con. Res. 28: Mrs. MALONEY, Mr. BRADY H. Res. 81: Mr. PERRIELLO and Mr. GOOD- H.R. 1032: Mr. SCALISE, Mr. PASTOR of Ari- of Pennsylvania, Mr. MCGOVERN, Mr. MORAN LATTE. zona, and Ms. LORETTA SANCHEZ of Cali- of Virginia, Mr. HINCHEY, Mr. FILNER, Mr. H. Res. 101: Mr. PRICE of North Carolina. MARSHALL, Mr. PETERSON, Mrs. CAPPS, Mr. fornia. H. Res. 109: Mr. GRIJALVA and Mr. ROYCE. H.R. 1039: Mr. PRICE of Georgia, Mr. BURTON of Indiana, Ms. MOORE of Wisconsin, H. Res. 125: Mr. FRANK of Massachusetts, GOHMERT, Mr. AKIN, Mr. FRANKS of Arizona, and Mr. GRIJALVA. Mr. BOOZMAN, Mr. LEWIS of California, Mr. Ms. FOXX, Mr. WESTMORELAND, Mr. BISHOP of H. Con. Res. 36: Mr. CONNOLLY of Virginia. WOLF, Ms. ROS-LEHTINEN, Mr. BILBRAY, Mr. Utah, Mr. BARTLETT, Mr. HENSARLING, Mr. H. Con. Res. 40: Mr. CONYERS and Mr. COSTELLO, Mr. HERGER, Mr. FRANKS of Ari- PITTS, Mrs. SCHMIDT, Ms. FALLIN, Mr. SHAD- MCCOTTER. zona, Mr. SOUDER, Mr. SHIMKUS, Mr. FORBES, EGG, Mr. BURTON of Indiana, Mrs. H. Con. Res. 50: Ms. WOOLSEY. H. Con. Res. 52: Mr. FARR, Mr. DAVIS of Illi- Mr. MOLLOHAN, Mr. LINCOLN DIAZ-BALART of BLACKBURN, Ms. GRANGER, Mr. SESSIONS, Mr. nois, Mr. PAYNE, and Mr. AL GREEN of Texas. Florida, Mr. SENSENBRENNER, Mr. LAMBORN, KIRK, Mr. TIAHRT, and Mr. SMITH of Texas. H. Res. 22: Mr. PRICE of North Carolina. Mr. FALEOMAVAEGA, Ms. WATSON, Mr. ADLER H.J. Res. 1: Mr. KINGSTON, Mr. LATHAM, Mr. H. Res. 42: Mr. BLUNT, Mr. WOLF, Mr. of New Jersey, and Mr. POE of Texas. MARCHANT, Mr. MILLER of Florida, Mr. MCMAHON, Mr. BROUN of Georgia, Mr. KIRK, H. Res. 130: Mr. BAIRD, Mr. LYNCH, Mr. RADANOVICH, Mr. ROHRABACHER, Mr. RYAN of Mr. LAMBORN, Mr. MARIO DIAZ-BALART of Wisconsin, Mr. SMITH of New Jersey, Mr. FATTAH, Mr. BRADY of Pennsylvania, and Ms. Florida, Mr. LINDER, and Mr. LOBIONDO. CLARKE. TIAHRT, and Mr. YOUNG of Alaska. H. Res. 47: Mr. MILLER of North Carolina, H. Res. 164: Mr. FRANKS of Arizona, Mr. H. Con. Res. 14: Ms. SUTTON, Mr. PRICE of Mr. MCCOTTER, and Ms. GINNY BROWN-WAITE North Carolina, and Mr. CONNOLLY of Vir- of Florida. MILLER of Florida, Mr. ROHRABACHER, Mr. ginia. H. Res. 68: Mr. BARTON of Texas and Mr. MCMAHON, and Mr. MARKEY of Massachu- H. Con. Res. 16: Mr. LINDER. GARY G. MILLER of California. setts. H. Con. Res. 18: Mr. BOREN. H. Res. 69: Mr. CONNOLLY of Virginia. H. Res. 166: Mr. GRAYSON.

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Vol. 155 WASHINGTON, FRIDAY, FEBRUARY 13, 2009 No. 30 Senate The Senate met at 10 a.m. and was Senator from the Commonwealth of Vir- TIMING OF VOTE ginia, to perform the duties of the Chair. called to order by the Honorable MARK C ROBERT C. BYRD, Mr. M CONNELL. Let me second the R. WARNER, a Senator from the Com- remarks of the majority leader. We monwealth of Virginia. President pro tempore. Mr. WARNER thereupon assumed the have a number of Members, not surprisingly on an issue of this magnitude, PRAYER chair as Acting President pro tempore. who would like to speak—Senator The Chaplain, Dr. Barry C. Black, of- f MCCAIN is already here—and we will be fered the following prayer: RECOGNITION OF THE MAJORITY doing that during the day. I will get a Let us pray. LEADER sense of how many speakers we have, God of power and might, wisdom and and after that I think we should be The ACTING PRESIDENT pro tem- justice, through You authority is able to come to an agreement for a pore. The majority leader is recog- rightly administered, laws are enacted, time certain on the vote. nized. and judgment is decreed. Today, assist The ACTING PRESIDENT pro tem- our Senators with Your spirit of coun- f pore. The majority leader is recog- sel and fortitude. May they always SCHEDULE nized. seek the ways of righteousness, justice, Mr. REID. Mr. President, I suggest Mr. REID. Mr. President, following and truth as You empower them to the absence of a quorum. the remarks of the leaders, if there be lead with honesty and integrity. The ACTING PRESIDENT pro tem- any, there will be a period of morning Lord, make them so faithful to their pore. The clerk will call the roll. business with Senators allowed to calling of public service that Ameri- The legislative clerk proceeded to speak for up to 10 minutes each. That cans may lead tranquil and quiet lives call the roll. time will be controlled equally until 5 in all godliness and reverence. Give Mr. MCCAIN. Mr. President, I ask p.m. The two leaders can fix who their them wisdom to make decisions that unanimous consent the order for the designees will be. will strengthen and prosper our land. quorum call be rescinded. We expect to be in a position some- We pray in the Redeemer’s Name. The ACTING PRESIDENT pro tem- time today to vote on adoption of the Amen. pore. Without objection, it is so or- conference report to H.R. 1. Our cloak- dered. f room has issued an alert to all Sen- Mr. MCCAIN. Mr. President, while ators. Any Senators who want to come PLEDGE OF ALLEGIANCE the leaders are on the floor, I would and speak, they should at least alert like to mention, I hope we will con- The Honorable MARK R. WARNER led the cloakroom they need some time to tinue to observe the one side speaking the Pledge of Allegiance, as follows: do that. We have an order in effect of 10 and then the other side that we have I pledge allegiance to the Flag of the minutes each. If someone wants to talk been going through in the last few United States of America, and to the Repub- longer, fine; we have no problem with lic for which it stands, one nation under God, days. I think a lot of people have been that at all. But we do need some idea indivisible, with liberty and justice for all. able to voice their views on this very as to how many people wish to speak important issue before the Senate. I re- f on this legislation. There have been a iterate, if my colleagues who would number of speeches given during the APPOINTMENT OF ACTING like to speak on this issue would call last few days about it, but if some want PRESIDENT PRO TEMPORE the cloakroom and also indicate how to amplify or add to those remarks, long they plan to speak, it would help The PRESIDING OFFICER. The that would be fine. us arrive at a time for a vote today. clerk will please read a communication I have been in close touch with the The ACTING PRESIDENT pro tem- to the Senate from the President pro Republican leader during the last 24 pore. Will the Senator suspend? tempore (Mr. BYRD). hours, and we are going to do our best Mr. MCCAIN. Certainly. The legislative clerk read the fol- to try to come up with a time today. lowing letter: f U.S. SENATE, f PRESIDENT PRO TEMPORE, RECOGNITION OF THE Washington, DC, February 13, 2009. REPUBLICAN LEADER RESERVATION OF LEADER TIME To the Senate: Under the provisions of rule I, paragraph 3, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby pore. The minority leader is recog- pore. Under the previous order the appoint the Honorable MARK R. WARNER, a nized. leadership time is reserved.

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

S2257

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We had a programs that fail to create jobs. posal that got 44 votes for a trigger the time to be equally divided between Our bill was not simply to advocate the leaders or their designees. that, once our economy begins to re- policies we could not otherwise pass; cover and is in recovery, the spending f our bill, in fact, was a real stimulus stops. One thing that Milton Friedman proposal. Instead, partisan legislation STIMULUS PACKAGE said, among many others I have always was pushed through. appreciated, was: Nothing is so perma- Mr. MCCAIN. Mr. President, I object Sadly, when we could be uniting to nent as a temporary Government pro- to the 10-minute time restraint. This is assist hurting Americans, we have ex- gram. There is nothing more perma- a very difficult issue. We are talking acerbated our differences and burdened nent than a temporary Government about hundreds of billions of dollars of our children and grandchildren with a spending program. So I think we had debt the proportions of which have stimulus. I hope my colleagues on the an opportunity and, hopefully, there other side of the aisle would under- never been seen before. Mr. President, before I go too much will be opportunities in the future, to stand that more than 10 minutes may sit down, Republican and Democrat to- be required for some statements. further, the bill is 1,071 pages. We got it last night, I believe, at 10:20 p.m. That gether—and at the beginning, not the Mr. DURBIN. If the Senator will end. If you are not in on the takeoff, yield, this is a very important matter, was the first moment a copy was made available. It was not numbered cor- then you are certainly not going to be and complex, and we are not going to in on the landing. limit the Senator from Arizona. We rectly. At 11 p.m. we received notification it had just become available on This bill took off with the Speaker of would like to have rough parity in the House saying: We won, we write the terms of the time given to both sides of the House Web site. Compare the process that we have bill. That was repeated on several occa- the aisle to explain this matter, but we sions by the President of the United are not going to limit or even try to been through with the Web site that is from the Obama campaign. The Web States. limit, under the standing rules, any Now, I want to say again, my side of speech by the other side. site of the Obama campaign stated, and I will quote in a second—this is a quote the aisle, for 8 years, did not include Mr. MCCAIN. I thank my friend. I ask from the Obama Web site: the other side of the aisle. We were we keep track of the timing on both guilty. We were guilty of not observing sides as both sides talk so we can try to End the practice of writing legislation behind closed doors. As President, Barack the rights and privileges of the minor- make sure there is parity on timing Obama will restore the American people’s ity party. I do not excuse it, nor do I throughout the day. Obviously, it will trust in their Government by making Gov- rationalize it. But I do believe that be dictated by the number of speakers ernment more open and transparent. Obama some Members did work in a bipartisan who want to speak on either side, but will work to reform congressional rules to fashion and that times are different. we should try to preserve parity require all legislative sessions, including The times are different. The American throughout the day. committee markups and conference committees, to be conducted in public. people spoke. I thank the Senator from Illinois. So yesterday, not the Republican What happened in the last few days— Mr. DURBIN. I say to Senator leadership, not the majority of my col- law and sausages—it is certainly a long MCCAIN, I am sorry to interrupt him leagues sat by while the bill was finally way from the Obama Web site that again. Could we enter a consent to that written, and that is why the final legis- said: effect, that we will divide the time? lation here will have three Republican Reform congressional rules to require all Mr. MCCAIN. I would agree with the votes, probably, out of all of the Re- Senator from Illinois, but I think it is legislative sessions, including committee markups and conference committees, to be publicans in the House of Representa- pretty clear there are going to be more conducted in public. tives and the Senate. It may pick up a speakers on this side than that side. I All day yesterday the media made couple in the House. But to call this bi- would like to have our leader, the Re- different reports about the process that partisan is clearly an inaccurate and publican leader, agree to that before I was going on, in which, by the way, false description of the legislation that could. there was no Republican leadership will pass sometime this evening. Mr. DURBIN. I am informed by the anywhere in the vicinity. So we passed up an opportunity. I Senate staff that it is already part of I recognize this will be greeted as a hope we will, in the future, since there the agreement. victory for the administration and the will be TARP III somewhere—some es- Mr. MCCAIN. I thank the Senator Democrats today. I recognize that, and timates, $500 billion; some estimates, from Illinois. it is a victory. But I am not sure it is $1 trillion; no one knows. The Sec- Mr. President, today the Senate will the right kind of victory. I think words retary of the Treasury testified the day pass a $789 billion bill, $1.1 trillion with which will haunt us for a long period of before yesterday before the Senate. He interest added in—and we do, when we time were uttered by the Speaker of had no idea. He could give us no clue as calculate the costs of these appropria- the House: ‘‘We won, we write the bill.’’ to how much the next TARP was going tions bills, count in the interest. It is ‘‘We won, we write the bill.’’ to be. But I hope that will then present the so-called stimulus bill, and it is I think on both sides of the last cam- us with another opportunity to work under the guise of a bipartisan com- paign there was a commitment not to together from the beginning, not at the promise. use those words: ‘‘We won, we write the end. Let me reiterate what I have so often bill.’’ That commitment was to sit Again, this side of the aisle is not stated during the past 2 weeks: The Na- town together in a bipartisan fashion blameless on partisanship. But this was tion needs a stimulus bill. The Nation and work together to come up with so- an opportunity for all of us to join to- expects the Congress and the President lutions to the enormous domestic and gether. to act in a truly bipartisan manner to foreign policy and national security USA Today stated in an editorial: address this crisis. But, unfortunately, challenges we face. I understand who Republican opposition seems more like this measure is not bipartisan. It con- won. I think I understand it about as partisan positioning than a sincere ef- tains much that is not stimulative and well as anybody in this body. I have fort to reach compromise with the is nothing short—nothing short—of often said elections have consequences. White House at a time of severe eco- generational theft. This is one of the consequences of my nomic distress. At times of great challenge, history side of the aisle losing. But it was not I cannot speak for all of my col- tells us our Nation will work collec- the promise that was made to the leagues, but I can, I know, speak for tively to remedy the problems we face. American people. the majority of them. That is a false

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That is why 40 Re- better for the Senate to delay legislation of Realtors reported the largest publican Senators voted for an alter- tion for a month or even two if that is drop in home prices—12.4 percent— native that sought to fix our housing what it takes to produce a much better since the Association started gathering crisis—remember, it was housing first, bill. We cannot make an $800 billion such data in 1979. Prices declined in al- and it is housing that is going to re- mistake. most 9 out of every 10 cities. Despite store our economy. The stimulus pack- Of course, it is a $1.1 trillion mistake. the fact that this extremely sobering age has not a lot of it to start with and We cannot make that mistake. By statistic was released yesterday, this comes out of the ‘‘conference’’ with passing this conference report, we are bill cuts almost half of the only signifi- less—invest in our Nation’s infrastruc- essentially engaging in an act of cant housing provision in the con- ture through effective and restrained generational theft. How can anyone ig- ference report. spending; put money immediately back nore the cold hard facts? The current This provision, written by Senator in the hands of all Americans through national debt is $10.7 trillion. The 2009 ISAKSON, a former real estate agent, a payroll tax holiday; allow businesses projected deficit is $1.2 trillion. The and approved by all Republicans and to keep more of their profits to hire cost of this stimulus is $1.124 trillion; Democrats would have allowed any new employees, invest in capital, or ex- that is, $789 billion plus interest. The homeowner to take a nonrepayable tax pand their businesses; finally begin to expected omnibus spending bill to fund credit of $15,000 or 10 percent of the focus our attention on entitlement re- the Federal Government through Sep- purchase price of a house used as a forms; and then, most importantly, put tember 30, 2009, is $400 billion. The ex- principal residence. Senator ISAKSON a halt to the spending once our econ- pected supplemental request for the argued that such a generous tax credit omy turns around. And the total cost wars in Iraq and Afghanistan the would help the market recover swiftly. of our alternative proposal was about Armed Forces Committee staff esti- As a real estate agent during the eco- half the cost of this conference report. mates at $80 billion. The appropria- nomic crisis of the 1970s, he saw tax There are a couple of cautionary tions bills for 2010 that we will consider credits spur the purchase of many tales. One was a study by John Taylor this year are untold billions. Tarp I homes, which served to reduce the glut of Stanford and the Hoover Institution and II are $700 billion, and TARP III is of vacant homes in the market, there- that showed that the last time we gave possibly upwards of $1.5 trillion. These by allowing home values to stabilize, Americans a paycheck—and that is one numbers are staggering. These num- the housing inventory to drop, and the of the big parts of this stimulus pack- bers are staggering. We have never market to recover. We could have age, checks of $400 to $800—it had no ef- dealt with numbers such as this, not in achieved a similar result here, I be- fect on the economy. It is also a cau- the Great Depression, not in any other lieve. But, instead, it was cut—the only tionary tale as to what the Japanese era in time of our country. Every dol- housing provision in the report that did over the last decade, and I am lar of spending in this conference re- was roundly supported by both Repub- afraid some of this stimulus package port will be added to our national debt, licans and Democrats and millions of repeats that. which now stands, as I said, at $10.2 potential home buyers. Instead, they We missed an enormous opportunity trillion or 70 percent of GDP. decided to cut the tax break to $8 thou- to rein in excessive spending despite According to the Center for Data sand and limit it to only first-time the support of 44 Senators eager to get Analysis, if Congress borrows the funds buyers. My belief is that this will not our fiscal house in order when our for its economic stimulus package— produce any real change to our sagging amendment that would have required which, of course, it will do—total debt housing market. unobligated funding to be returned to could grow to $13 trillion in fiscal year The Congressional Budget Office has the taxpayer upon two consecutive 2009 or 92 percent of our gross domestic estimated that the stimulus bill would quarters of economic growth greater product. By 2010, the total debt could create anywhere from 1.3 million to 3.9 than 2 percent of inflation-adjusted grow to $14 trillion or 95 percent of our million jobs. At $789 billion, 1.3 million GDP was defeated. GDP. The center further finds that the jobs would work out to cost $506,923 per We have seen time after time stim- stimulus package will add about $30,000 job, and for 3.9 million jobs, the cost ulus packages at other times when we in new Federal debt per American would be $202,308 per job. If you add the were in fiscal difficulty, financial dif- household. cost of interest to the price tag, it ficulty—not to the degree of this one— Remarkably, while we are on the comes to $1 trillion. Every economic but much of the spending has taken brink of saddling our children and estimate I have seen lately falls within place after the economy recovered and grandchildren and great grandchildren the category of 1.3 to 3.9 million jobs. contributed enormously to the deficit with this enormous debt load, the con- The administration says it could be 4 and consequently putting burdens on ference report before us does little to million or more. future generations of Americans. Why actually address the core issue that In a new letter from CBO dated Feb- would we not agree that once the econ- brought us to the point of needing a ruary 11 providing a year-by-year anal- omy has recovered, we should proceed stimulus bill in the first place, and ysis of the economic effects of spending on a path to a balanced budget and that is the housing crisis. of the pending stimulus legislation, stop some of these spending programs I would remind my colleagues that CBO finds: that are going to be adopted tonight in history shows us that if you run up Beyond 2004 the legislation is estimated to the way of stimulus? Why wouldn’t we enough debt, the answer to it is to reduce GDP by between 0 and 0.2 percent. bring them to a stop? Could it be that print more money, which is the basis of The reduction in GDP is therefore estimated some want these spending programs to the currency, which inevitably leads to to be reflected in lower wages rather than be permanent? inflation, which is the greatest enemy lower employment. The increased debt would I repeat, Milton Friedman said, of the middle class in America. tend to reduce the stock of productive pri- ‘‘There is nothing so permanent as a I see my colleague from New York vate capital. In economic parlance, the debt who is going to talk on many things, would ‘‘crowd out’’ private investment. temporary Government program,’’ and Workers will be less productive because the I am sure we will see many of these including the terrible tragedy that has capital stock is smaller. The legislation’s programs in the stimulus live a long, taken place in the crash of the airliner long-run impact on output also would depend long life. in New York. But I also want to, while on whether permanently changed incentives In a recent Washington Post op-ed he is on the floor, strongly disagree to work are saved. The legislation would not entitled ‘‘$800 billion Mistake,’’ Martin with his comment that the American have any significant permanent effects on Feldstein, an economic professor at people do not care about little porky those incentives. Harvard University and president projects. Americans care. I can only I know my colleagues are going to emeritus of the National Bureau of speak for my constituents in Arizona, say we are going to do other things.

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Development including: $1 billion for fossil this legislation, put ourselves on a $200 million to consolidate the DHS head- energy research and development programs; path to entitlement reform by setting quarters in Washington, DC. $800 million for Clean Coal Power Initiative $15 million for historic preservation grants Round III Funding Opportunity Announce- up commissions for both Social Secu- ment; $1.52 billion Clean Coal Demonstration rity and Medicare reform, but we did for historically black colleges and universities. plants; $50 million for competitive solicita- not, just as we should have had a trig- $25 million for the Smithsonian. tion for site characterization activities in ger to stop spending and put us on a $50 million for the National Endowment for geological formations; $10 million for geo- path to a balanced budget once our the Arts. logic sequestration training and research economy recovers. $5.55 billion for the Federal Buildings grants; $10 million for program direction It is unfortunate that even in these Fund, including $750 million for Federal funding. difficult economic times, Members of buildings and U.S. Courthouses; $450 million $1.6 billion for DOE Science program. for the Department of Homeland Security $1.2 billion for summer youth jobs (for indi- Congress couldn’t resist the tempta- viduals up to age 24). tion to lard up this bill with billions of headquarters; $4.5 billion to convert GSA facilities to ‘‘High-Performance green facili- $1.5 billion to provide short term rentals dollars in unnecessary spending that ties’’. assistance for families who may become will do nothing to stimulate the econ- $300 million for new energy efficient vehi- homeless. $2.25 billion to install new windows and omy. What makes this most disturbing, cles for the Federal government including furnaces of HUD homes. in order to include these questionable hybrid vehicles, and electric vehicles, and $100 million to remove lead-based paint. provisions in the final measure, the ‘‘commercially-available, plug-in hybrid ve- $8 billion for high speed rail. conferees cut some of the few truly im- hicles’’ which many believe would include $90 million for additional passport facili- portant spending provisions that had golf carts. ties. been included in the House and Senate $100 million for grants to small shipyards. $53.6 billion for a State Fiscal Stabilization $7.2 billion to accelerate broadband deploy- bills. Fund for education—$14 million for adminis- ment in unserved and underserved areas and tration, oversight, and evaluation; $5 billion For example, I don’t understand how, to strategic institutions, split between the on the one hand, the conferees can cut for State Incentive Grants and an Innovation Department of Commerce, to administer $4.7 Fund. close to $3 billion from the Senate bill billion in grants, and the Department of Ag- $86.6 billion to State Medicaid programs for Department of Defense and vet- riculture, to administer $2.5 billion in grants through a temporary increase in the Federal erans hospital and medical facilities and loan activity. Medical Assistance Percentage. and, on the other hand, add funding $50 million to upgrade the computer sys- $1.1 billion for comparative effectiveness above either House- or Senate-passed tems at the Farm Service Agency. research: $300 million for the Agency for bills for State Department information $50 million for aquaculture producers. Healthcare Research and Quality; $400 mil- $300 million in grants for a diesel emission technology upgrades, totaling $290 million for the NIH; $400 million to be used at reduction program. the discretion of the Secretary of HHS. lion. Information technology may be $50 million to build biomass plants. $2 billion for the Office of the National Co- worthwhile, but I am dumbfounded as $165 million for U.S. Fish and Wildlife ordinator for Health Information Tech- to the conferees’ rationale for adding Service fish hatcheries and wildlife refuges. nology. funding for information technology $25 million for habitat restoration, trails $13 billion for Education for the Disadvan- programs that exceeds either Cham- repairs, and the cleanup of abandoned mines taged: $10 billion for title I formula grants; ber’s recommendations and cuts de- on BLM lands. $3 billion for School Improvement grants. fense and veterans. We all talk about $140 million for USGS stream gauges, and $720 million for School Improvement Pro- volcano monitoring systems. grams: $650 million for Enhancing Education our commitment to veterans. Certainly $200 million to repair leaking underground through Technology program; $70 million for VA hospital and medical facilities are storage tanks under the Leaking Under- Education for the Homeless Children and badly needed, as we found in the scan- ground Storage Tank Trust Fund. Youth program. dal of Walter Reed. $85 million to upgrade the computer sys- $10 billion for the National Institutes of Just as egregious, the conference re- tems at the Indian Health Service. Health: $1.3 billion for the National Center port provides $1 billion for prevention $1 billion for the Bureau of the Census, infor Research Resources; $8.2 billion for the and wellness programs that were pre- cluding $250 million for partnership and out- Office of the Director; $500 million for build- viously struck by the Senate and re- reach efforts to minority communities and ings and facilities for Bethesda, MD. ported to be for smoking cessation pro- hard-to-reach populations. Mr. MCCAIN. Among these are $200 $650 million for digital television converter million to consolidate the DHS head- grams and STD prevention. Why is this box coupon program, with $90 million for added back in, even though it may be education and outreach to vulnerable popu- quarters in Washington, DC; $15 mil- worthy, at the expense of military lations. lion for historic preservation of His- members, families, and veterans whose $230 for operations, research and facilities torically Black Colleges and Univer- funding was cut? at the National Oceanic and Atmospheric sities; $25 million for the Smithsonian; The conference report provides more Administration (NOAA). $50 million for the National Endow- funding for grants to provide high- $600 million for the procurement, acquisi- ment for the Arts; $5.55 billion for the speed Internet to Americans, $7.2 bil- tion and construction at the NOAA. Federal Buildings Fund, including $750 $400 million for science at the National million for Federal buildings and U.S. lion, than it does for military and vet- Aeronautics and Space Administration erans affairs construction—again, at (NASA). courthouses. the expense of our Nation’s bravest and $150 million for aeronautics at NASA. The list goes on: $300 million for new most worthy. The conference report $2.5 billion for the National Science Foun- energy-efficient vehicles for the Fed- falls short in addressing the needs of dation (National Science Foundation), of eral Government; $100 million for our military and veterans who have which $300 million is for the Major Research grants to small shipyards; $7.2 billion given so much in support of this coun- Instrumentation program, and $200 million to accelerate broadband deployment in try and our democratic values. for academic research facilities moderniza- unserved and underserved areas and to Again, these are not tiny, porky tion. strategic institutions. By the way, cer- $400 million for major research equipment tainly the Presiding Officer knows we amendments. The American people do and facilities construction at the NSF. care what we are talking about. If the $375 million for Mississippi River and Trib- cannot spend within the next year $7.2 American people don’t care, then on utaries. billion or anything like it to accelerate behalf of the American people, we $2.5 billion for applied research concerning broadband deployment because of the should take out these little tiny, porky energy efficiency and renewable energy in- nature of the challenge. There is $50 items that will provide questionable cluding $800 million for biomass and $400 mil- million to upgrade the computer sys- stimulative effects. lion for geothermal activities and projects. tems at the Farm Service Agency; $50 I have a long list, and I ask unani- $5 billion for the Weatherization Assist- million for aquaculture producers; $300 ance Program. million in grants for a diesel emission mous consent that it be printed in the $2 billion for Advanced Battery Manufac- RECORD. turing grants. reduction program; $50 million to build There being no objection, the mate- $300 million for the Energy Efficiency Ap- biomass plants; $150 million for USGS rial was ordered to be printed in the pliance Rebate program and the Energy Star stream gauges and volcano monitoring RECORD, as follows: Program. systems; $200 million to repair leaking

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.004 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2261 underground storage tanks under the nationalised? Yes, in some circumstances. 1982. Net private-sector capital flows to the Leaking Underground Storage Tank Only the foolish and the partisan have re- emerging markets are likely to fall to $165 Trust Fund; $1 billion for the Bureau of jected (or embraced) any solutions categori- billion, from a peak of $929 billion in 2007. the Census. We will be talking more cally. Even if there were no policies to undermine But the re-emergence of a spectre from the it, globalisation is suffering its biggest re- about this issue. We can’t have the cen- darkest period of modern history argues for versal in the modern era. sus taken from the Department of a different, indeed strident, response. Eco- Politicians know that, with support for Commerce and put in the White House. nomic nationalism—the urge to keep jobs open markets low and falling, they must be We can’t politicize the process of the and capital at home—is both turning the seen to do something; and policies designed system. We will be talking more about economic crisis into a political one and to put something right at home can inad- that later on. threatening the world with depression. If it vertently eat away at the global system. An There is $230 million for operation, is not buried again forthwith, the con- attempt to prop up Ireland’s banks last year research, and facilities at the National sequences will be dire. sucked deposits out of Britain’s. American plans to monitor domestic bank lending Oceanic and Atmospheric Administra- DEVIL TAKE THE HINDMOST Trade encourages specialisation, which month by month will encourage lending at tion. You can make arguments for all home rather than abroad. As countries try to these programs as worthwhile. You brings prosperity; global capital markets, for all their problems, allocate money more effi- save themselves they endanger each other. The big question is what America will do. cannot make arguments that they ciently than local ones; economic co-oper- At some moments in this crisis it has shown stimulate the economy in a short pe- ation encourages confidence and enhance se- the way—by agreeing to supply dollars to riod. There is $150 million for aero- curity. Yet despite its obvious benefits, the countries that needed them, and by guaran- nautics at NASA; $2.5 billion for the globalised economy is under threat. teeing the contracts of European banks when Congress is arguing about a clause in the National Science Foundation, of which it rescued a big insurer. But the ‘‘Buy Amer- $800 billion-plus stimulus package that in its $300 million is for the Major Research ican’’ provisions in the stimulus bill are most extreme form would press for the use of Instrumentation Program and $200 mil- alarmingly nationalistic. They would not American materials in public works. Earlier, lion for academic research facilities even boost American employment in the Tim Geithner, the new treasury secretary, short run, because—just as with Smoot- modernization; $275 million for the accused China of ‘‘manipulating’’ its cur- Hawley—the inevitable retaliation would de- Mississippi River and tributaries; $10 rency, prompting snarls from Beijing. stroy more jobs at exporting firms. And the million for program direction funding Around the world, carmakers have lobbied political consequences would be far worse in fossil energy research and develop- for support (see article), and some have got than the economic ones. They would send a it. A host of industries, in countries fro India ment; $1.6 billion for DOE science pro- disastrous signal to the rest of the world: the to Ecuador, want help from their govern- gram; $2.25 billion to install new win- champion of open markets is going it alone. dows and furnaces in HUD homes; $8 ments. ATIMETOACT billion for high-speed rail. The grip of nationalism is tightest in banking (see article). In France and Britain, Barack Obama says that he doesn’t like The high-speed rail program is very politicians pouring taxpayers’ money into ‘‘Buy American’’ (and the provisions have interesting. It started out at $2 billion ailing banks are demanding that the cash be been softened in the Senate’s version of the and now has been raised to $8 billion, a lent at home. Since banks are reducing over- stimulus plan). That’s good—but not enough. remarkable increase in funding, when all lending, that means repatriating cash. Mr Obama should veto the entire package we think about it. There are media re- Regulators are thinking nationally too. unless they are removed. And he must go ports that state this could probably be Switzerland now favours domestic loans by further, by championing three principles. used for the Las Vegas-Los Angeles ignoring them in one measure of the capital The first principle is co-ordination—espe- high-speed rail. The list goes on. its banks need to hold; foreign loans count in cially in rescue packages, like the one that full. helped the rich world’s banks last year. The fact is, there are also policy pro- Governments protect goods and capital Countries’ stimulus plans should be built visions. The conference report still in- largely in order to protect jobs. Around the around common principles, even if they dif- cludes the protectionist ‘‘Buy Amer- world, workers are demanding help from the fer in the details. Co-ordination is good eco- ican’’ provisions that will damage the state with increasing panic. British strikers, nomics, as well as good politics: combined ability of U.S. corporations to export quoting Gordon Brown’s ill-chosen words plans are also more economically potent and create jobs at home. If passage of back at him, are demanding that he provide than national ones. this bill triggers retaliatory trade ac- ‘‘British jobs for British workers’’ (see arti- The second principle is forbearance. Each cle). In France more than 1m people stayed nation’s stimulus plan should embrace open tion by foreign countries against the away from work on January 29th, marching markets, even if some foreigners will benefit. United States, Congress will have suc- for jobs and wages. In Greece police used tear Similarly, financial regulators should leave ceeded in deepening one of the worst gas to control farmers calling for even more the re-regulation of cross-border banking recessions of our time. subsidies. until later, at an international level, rather There is an article in this week’s Three arguments are raised in defence of than beggaring their neighbours by grabbing Economist magazine entitled ‘‘The re- economic nationalism: that it is justified scarce capital, setting targets for domestic turn of economic nationalism, A spec- commercially; that it is justified politically; lending and drawing up rules with long-term ter is rising. To bury it again, Barack and that it won’t get very far. On the first consequences now. point, some damaged banks may feel safer The third principle is multilateralism. The Obama needs to take the lead.’’ It talks retreating to their home markets, where IMF and the development banks should help about the ‘‘Buy American’’ provisions. they understand the risks and benefit from to meet emerging markets’ shortfall in cap- At the end it states: scale; but that is a trend which governments ital. They need the structure and the re- Once again, the task of saving the world should seek to counteract, not to encourage. sources to do so. The World Trade economy falls to America. Mr. Obama must On the second point, it is reasonable for poli- Organisation can help to shore up the trad- show that he is ready for it. If he is, he ticians to want to spend taxpayers’ money at ing system if its members pledge to complete should kill any ‘‘Buy American’’ provisions. home—so long as the costs of doing so are the Doha round of trade talks and make good If he isn’t, America and the rest of the world not unacceptably high. on their promise at last year’s G20 meeting are in deep trouble. In this case, however, the costs could be to put aside the arsenal of trade sanctions. I ask unanimous consent that the ar- enormous. For the third argument—that pro- When economic conflict seems more likely tectionism will not get very far—is dan- than ever, what can persuade countries to ticle be printed in the RECORD. gerously complacent. True, everybody sen- give up their trade weapons? American lead- There being no objection, the mate- sible scoffs at Reed Smoot and Willis ership is the only chance. The international rial was ordered to be printed in the Hawley, the lawmakers who in 1930 exacer- economic system depends upon a guarantor, RECORD, as follows: bated the Depression by raising American prepared to back it during crises. In the 19th tariffs. But reasonable people opposed them century Britain played that part. Nobody did [From the Economist, Feb. 5, 2009] at the time, and failed to stop them: 1,028 between the wars, and the consequences were THE RETURN OF ECONOMIC NATIONALISM economists petitioned against their bill. Cer- disastrous. Partly because of that mistake, Managing a crisis as complex as this one tainly, global supply-chains are more com- America bravely sponsored a new economic has so far called for nuance and pragmatism plex and harder to pick apart than in those order after the second world war. rather than stridency and principle. Should days. But when nationalism is on the march, Once again, the task of saving the world governments prop up credit markets by of- even commercial logic gets trampled economy falls to America. Mr Obama must fering guarantees or creating bad banks? underfoot. show that he is ready for it. If he is, he Probably both. What package of fiscal stim- The links that bind countries’ economies should kill any ‘‘Buy American’’ provisions. ulus would be most effective? It varies from together are under strain. World trade may If he isn’t, America and the rest of the world one country to the next. Should banks be well shrink this year for the first time since are in deep trouble.

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.006 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2262 CONGRESSIONAL RECORD — SENATE February 13, 2009 Mr. MCCAIN. Of course, we know pages. It was negotiated in a partisan testing of a missile, to renewed aggres- about Davis-Bacon that will inflate the fashion, behind closed doors, in direct sive rhetoric by North Korea, to others, construction costs of the bill by $17 bil- contradiction to President Obama’s including developing a strategy for Af- lion. Section 604 requires that only do- commitments during the campaign. I ghanistan. But there are also enormous mestic apparel and textile products understand his spokesman yesterday economic challenges here at home. may be procured by the Department of said it was ‘‘an emergency.’’ It may The American people would like us Homeland Security, unless the Sec- have been an emergency, but that was to, and the message they have sent us retary of DHS determines the quality not mentioned during the commit- is, that they want us to sit down and and quantity cannot be procured in the ments made by then-candidate Obama. work together. As I said, this bill United States at market prices, what- Among other things, the conference began with a statement by the Speaker ever ‘‘market prices’’ means. There is a report contains $450 million for Am- of the House: We won. We write the provision which states that within 45 trak security grants through the De- bill. We need to sit down together be- days of enactment, the Governor of partment of Transportation. It wasn’t fore the bill is written, outline the each State shall certify that they will in the House bill, wasn’t in the Senate principles, turn those principles we request and use taxpayer funds pro- bill. It duplicates a program that al- share into concrete legislation, and vided in the bill. It goes on to say that ready exists. work together. I hope we never again if any of the money provided by this I urge my colleagues, when they have have a repetition of a bill that has such bill is not accepted by the Governor, a few spare moments, to look at the enormous consequence that would pass then that State’s legislature can sim- history of Amtrak, a railroad that was through both bodies with literally no ply pass a resolution to bypass the taken over by the Federal Government Republican support—three Senators Governor and receive those funds. I with the intent to turn it over to the out of 178 Members in the House and 40 have never seen a provision such as private sector in a short period. We in the Senate. That is not bipartisan- that in the Congress. have propped it up with billions and ship. I repeat, if the Governor of a State billions of taxpayer dollars, funding I think we passed up an opportunity says his State doesn’t need the money, that will never become profitable. this time. I hope the American people then the State’s legislature can simply A provision recreates the slush fund will respond again by sending us the pass a resolution to bypass the elected that was unanimously rejected by both message. They want us to address the Governor of the State and receive the the House and Senate. The slush fund economic woes we face, but they want funds. What does that say about States allows agency heads to move money us to address them together. This legis- rights and States electing their Gov- around between programs as they see lation, in my view, is very bad for the ernors to lead. It is remarkable. Every fit without any real oversight by Con- economic future of America. Governor in America should be on no- gress. Mr. President, I yield the floor. tice that we may have established a I mentioned high-speed rail. That is The ACTING PRESIDENT pro tem- precedent that if you don’t want to $8 billion. The Senate included $2 bil- pore. The Senator from New York. take taxpayer money, then you can be lion for these programs, and the House f bypassed by your legislature. It is un- didn’t include anything. The conference now has added $6 billion. I men- CONTINENTAL AIRLINES FLIGHT constitutional and should be chal- 3407 lenged in court. tioned earlier the veterans and mili- It adds a new far-reaching policy tary construction spending has been Mr. SCHUMER. Mr. President, I rise with respect to unemployment com- cut by over $3 billion below both the today to honor the lives and the memo- pensation entitled ‘‘Unemployment House and Senate bills. Of course, the ries of the victims of the tragic crash Compensation Modernization’’—an in- conference report, among many other of Continental Airlines Flight 3407 in teresting description. The new policy items, contains $50 million for NEA, a Clarence, NY, last night. Our Nation would allow a person to collect unem- worthwhile endeavor, but I don’t see woke up this morning to the deeply ployment insurance for leaving his job how you can make the argument it cre- saddening news that 50 lives were lost to care for an immediate family mem- ates jobs. in this inexplicable tragedy, and our ber’s illness, any illness or disability as A commitment was made that the hearts, our prayers, and our minds are defined by the Secretary of Labor. This spending would be done quickly. The with the families and friends who lost provision stems from legislation intro- conference agreement drops provisions a loved one, the first responders at the duced in the Senate during the 110th that require all funds in the bill to be scene, and the residents of Clarence. Congress that was not approved. Each awarded within 30 to 120 days of enact- I was deeply saddened to hear that State would need to amend their unem- ment. Instead, the report allows nu- one of the victims was Beverly Eckert, ployment insurance in order to receive merous programs to have 3 years or whose husband Sean Rooney perished a portion of the $7 billion added to the more to actually begin spending the in the tragic events of September 11. I bill for this additional unemployment funding. knew Beverly. I worked with her and so compensation program. It provides a I know many of my colleagues, in- admired her fight to make sure another total waiver of cost savings related to cluding my friend from Illinois, are 9/11 never happens again. inland waterways projects; 50 percent here. I don’t want to take too much Beverly was a national role model of the cost is supposed to be carried by time, as many of my colleagues wish to who turned tragedy into inspiration. private companies that utilize the wa- discuss the legislation. I wish to men- She was traveling to Buffalo for what terways. tion there is $2 billion for a neighbor- would have been her husband’s 58th The report establishes the Federal hood stabilization program which could birthday, to take part in a presen- Coordinating Council for comparative go for money for groups such as tation of a scholarship award in his effectiveness research. The bill text ACORN. You could make arguments memory at Canisius High School. She, does not use the term ‘‘clinical’’ when about whether ACORN should be fund- and all the victims of this accident, referring to comparative effectiveness ed. I do not see how that possibly cre- will be greatly missed. Of course, the research, leading to the possibility ates jobs. family members of the other victims, that the bill does not protect against I understand this bill will be passed whose names have not been made pub- the research being used to make cov- this evening. I hope the next time— lic yet, will relate in the future epi- erage decisions based on cost-effective- maybe with TARP—because there are sodes of quiet strength and bravery of ness rather than clinical effectiveness. going to be other issues of enormous their loved ones as well. It includes the Health Information consequence that the Congress and the I spoke with Transportation Sec- Technology for Economic and Clinical President of the United States will face retary Ray LaHood early this morning, Health Act, a massive overhaul of our in the coming weeks and months. I do and he reassured me that the Depart- health IT infrastructure that deserves not believe things are going to get bet- ment of Transportation is taking quick more consideration. ter in the world real soon. We see ac- action to figure out what caused this It is 1,071 pages and a 41-page state- tivities around the world, from the be- accident. Secretary LaHood told me ment of the managers, a total of 1,492 havior of the Russians to the Iranian the first responders who rushed to the

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.007 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2263 scene immediately last night have been all the first responders. This is a time Bush about $150 billion to send back to remarkably brave in their efforts to when communities gather together, be- families in checks of $300 or $600 in the save lives. come a family, work hard to try to ap- hopes that would breathe some life To all the brave men and women who pease the loss but to make certain we back into the economy, cause people to risked their lives to protect the fami- are doing everything in our power to go out and spend more money, buy lies who live in the area of the accident lessen the pain these families will feel. more goods and services, invigorate and to the many who are still on the f businesses, save and create jobs. We did ground fighting the fires that remain, it. We signed up for that approach. It thank you for your service. STIMULUS PACKAGE REPORT did not work. Mr. President, $150 bil- I also spoke, this morning, with Con- Mr. DURBIN. Mr. President, Senator lion was spent for individual families. gressmen CHRIS LEE and BRIAN HIG- MCCAIN is a friend of mine and some- There was the $300 or $600 check, which GINS, county executive Chris Collins, one I respect. We came to the House of I am sure provided some relief. But at and Clarence supervisor Scott Representatives together 27 years ago. the end of the day, when we took a Bylewski to offer help. I am comforted He came to the Senate before me, and look at the economy, it continued to that everyone at the Federal, State, we have served together for over 12 cascade downhill. Simply doing $150 and local levels stands ready to provide years. I respect him very much, and I billion in tax cuts did not do it. whatever help is needed. know he speaks from the heart when he Then President Bush came to us and Our thoughts and prayers also go out addresses this stimulus package. But I said: I need $700 billion. It was a stag- to the people of Clarence and the entire would like to take a few moments to gering amount of money, but we were Buffalo area who were, no doubt, leav- reflect on some of the arguments he told by Secretary Paulson, Secretary ing for work and school with very has made, and at any point in my pres- of the Treasury, Ben Bernanke, Chair- heavy hearts this morning. entation invite the Senator, if he is man of the Federal Reserve, and oth- As a Senator, I am proud to serve the nearby, to come join me on the floor to ers, that if we did not do it and do it people of western New York. They are discuss this matter in debate. Sadly, quickly, the economy could go into a a resilient community, and if there is the Senate no longer debates in the old crisis which could be felt worldwide. any comfort to this tragedy, it is in style. We give speeches and many It was the most sobering meeting I knowing that their outreach to the vic- times are like ships passing in the ever attended as a Member of Congress tims’ families will be generous and lov- night. So I hope, if he is available—and when I heard this, and I felt duty- bound to do everything I could to co- ing. I know he may not be; he has a busy operate with the Republican President, Just last month, the world exalted schedule, too—I hope he will return to to give him the resources he wanted to when flight 1549 landed on the Hudson the floor, and we can talk about some try to breathe life back into this econ- River without a single loss of life. Yet of the arguments he made, and he can omy, to get the credit institutions today we are faced with this horrible address them directly. In the mean- moving forward, and I voted for it. At tragedy. At times such as this, the only time, I would like to speak to a few of the end of the day, $350 billion was thing that helps us is our faith that them myself. spent and, I am afraid to say, very lit- there is a greater wisdom that, at Senator MCCAIN argues that spending tle positive occurred. In fact, we are times such as this, is hard to under- $790 billion, which the President has still trying to get an accurate account- stand. suggested for a recovery and reinvest- Again, I offer my deepest condolences ing of what happened to that money. ment, is too much money. He argues These were the first two attempts by to the victims’ families and friends as the bill is too large, there is too much we continue to learn more about the the previous Republican administra- money in this bill. Keep in mind, this tion; first, a $150 billion tax cut, then a cause of this tragic accident. money is going to be spent out over a Mr. President, I yield the floor. $700 billion TARP funding they called The ACTING PRESIDENT pro tem- 2-year, maybe 3-year period, most of it it—the Troubled Asset Relief Pro- pore. The Senator from Arizona. on the front end, most of it in the first gram—which the Democrats cooper- Mr. MCCAIN. Mr. President, I say to 18 months, but much of it over a longer ated in and said: Mr. President, though my colleague from New York that all period of time. So we are talking about we are of a different political party, of us join in expressing sympathy and roughly $350 billion to be spent, for ex- this is a national crisis, and we will sorrow at the loss of these wonderful ample, in the first year, maybe as work with your best minds to try what Americans. Thank you for your elo- much as $600 billion or $700 billion by we can to turn this economy around. quent words. They are deeply appre- the end of the second year. It is a huge We debated it, and we changed parts ciated. sum of money. It may be the largest of it. We are expected to. That is what Mr. President, I would like to men- bill we have ever considered, certainly Congress has as a responsibility. But tion to my colleagues that so far we the largest stimulus bill we have ever there was no question from the begin- have speaking requests from Senators considered, on the floor of the Senate. ning that the Democratic Congress was COBURN, ENZI, ROBERTS, BENNETT, But I will tell you that most econo- going to cooperate with the Republican HUTCHISON, BARRASSO, ENSIGN, THUNE, mists, in looking at this bill, raise the President because we had a national KYL, CORNYN, SESSIONS, and then ALEX- question about whether it is enough, emergency on our hands. ANDER, GRASSLEY, BROWNBACK, and considering the size of the American Now comes the new President, Presi- GRAHAM. So I would urge my col- economy, No. 1. It is an economy that dent Barack Obama, sworn in a little leagues to come over so we can move generates more than $14 trillion a year over 3 weeks ago. The crisis, which we forward with this process. in the production of goods and services. had hoped would have turned, in fact, The ACTING PRESIDENT pro tem- It is an economy that is flat on its had worsened. He inherited the worst pore. The Senator from Illinois. back. It is an economy deep in reces- economic crisis in 75 years. You have sion, with high unemployment, with f to go back to President Franklin Roo- businesses failing, with families losing sevelt and the awful Depression he saw CONTINENTAL AIRLINES FLIGHT their health insurance, with a lot of to find another President faced with 3407 misery being spread across the coun- this kind of an economic challenge. Mr. DURBIN. Mr. President, I join in try. The obvious question is: What can President Obama came to office and saluting my colleague, friend, and we do to change it? said: We have to do something. We roommate—we share a house on Cap- Last year, President George W. Bush have to try to find a solution. We need itol Hill—Senator SCHUMER. I am sure saw this coming, and he suggested the to put the best minds, the best econo- he speaks for Senator GILLIBRAND, as way to change it was to offer tax mists, and the best leaders together to well, in expressing sympathy for the breaks, tax rebates to families. The come up with an approach which will loss that occurred outside the city of Democratic Congress said to the Re- stop this recession from growing and Buffalo last night, with the crash of publican President: If this is what you getting worse and will turn this econ- this Continental Airlines flight. want us to do to try to turn the economy around. He said, similar to Presi- My sympathy goes out to all the fam- omy around, we will do it. We enacted dent Bush: I would like the help of both ilies and friends and my admiration to bipartisan legislation to give President political parties to do it.

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.008 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2264 CONGRESSIONAL RECORD — SENATE February 13, 2009 Well, it is natural a President would native. They are not proposing any- if you don’t make the right investment ask for that. Because the crisis that thing that will stimulate this economy and turn this economy around, we will faces us is not a Democratic crisis or a to this measure. They offered a plan pay dearly for years to come. Republican crisis. Families who do not which I think was at least thoughtful Now, there was also talk about the vote, families who are Independents, in one respect which tried to address way this bill was written. It is true families of both political parties are the housing crisis, but it didn’t come that much of the negotiation for this being affected. close to investing the money in this bill occurred behind closed doors, but President Obama made a presen- economy that we need to try to turn it there was a conference committee, tation of this recovery and reinvest- around. So I say to my friends on the which is a rarity on Capitol Hill, where ment program, and he estimated the Republican side: If you can’t come up Members of both political parties came cost to be around $750 to $800 billion. with a viable alternative, if you can’t forward to talk about the bill. Why did The Senator from Arizona thinks that come up with a solution, then being so much of it happen outside of the is an unnecessarily large sum. I might critical of President Obama’s plan conference committee? Well, it reflects say to the Senator that he knows, as doesn’t have much credibility. You the reality of how business is done well as I do, that last year the U.S. need to acknowledge we have a prob- most of the time here on Capitol Hill. stock market lost $7 trillion in value. lem and work with us to try to solve it. I know it needs to get better, Senator You can see it in the Dow Jones It is interesting too that there is this MCCAIN does, and I am sure President index—now somewhere near 8,000. At argument on the Republican side—and Obama agrees, but this is what we one point, it was near 15,000. Mr. Presi- I heard it from the Senator from Ari- came down to. This is the dilemma we dent, $7 trillion in lost stock market zona—that this is too much money. If came down to: President Obama value is $7 trillion in lost savings and we don’t do something, if the recession reached out to House Republicans and lost retirement plans. continues and gets worse, here is what Senate Republicans and said join me in To argue that spending $350 billion to happens: Fewer people are working, writing this bill, and only three try to stop this slide is overspending, fewer dollars are collected for income stepped up. Three Republican Senators overlooks the obvious. With $7 trillion tax, fewer dollars are being spent, less said we will join you in writing the lost in stock market value, to do noth- sales tax is collected, values of real es- bill. They have played a major role, ing, to allow this to continue, is to run tate continue to go down, property tax those three Republicans, in writing the risk that even more value will be receipts go down, and we find that the this bill. They have changed priorities lost and the dreams and plans of fami- receipts and revenues of the Govern- in spending. They have eliminated lies across America will have to be ment start getting fewer and con- some programs. They have pushed for- changed. stricted. At the same time, the de- ward with more money in some areas There is something else we know as mands for government services go up. and less in others. They have made a well. Because of the state of the econ- Unemployed people need a helping profound difference in the bill because they started with the premise that if omy, we have what the economists call hand. They need a hand to feed their we can bring this bill to a point where the paradox of thrift. If you look to families and keep them together. They they can accept it, they would vote for your near future for your family, and need a hand to provide some kind of it. Now, that is not an unreasonable you are worried about your job or your health insurance. So the demands for wife’s job or your children, you are thing to ask. government services go up and reve- If someone wants to sit down and likely to say: We better be careful. We nues go down, and it is a perfect recipe amend the bill and change the bill, the shouldn’t make big purchases now for deficit. obvious question is—and at the end of until things are pretty clear. Put more It is no surprise—and I think this the day we are successful and make the money in savings and hold back a lit- chart, if I am not mistaken, shows it— changes you asked for—will you help tle. Be thrifty. That is a natural reac- across America 46 States are now fac- us pass the bill? For many Repub- tion. It is a defensive mechanism when ing budget deficits, and it could get licans, the answer has been: No; we people see a troubling economy. Al- worse. It shows a cumulative budget want it both ways. We want to change though it makes sense on an individual deficit of $350 billion through 2011. So this bill, but we are never going to vote family basis, it creates in the overall failing to respond to this situation will for it. economy exactly the opposite of what mean even deeper deficits. To argue I recall an amendment offered by a we need. What we need is more con- that spending about $790 billion now Republican Senator from Iowa in the fidence and people stepping forward will add to the deficit is to ignore the Senate Finance Committee which and saying, I think we are through obvious. Doing nothing and allowing added $70 billion in costs to this bill for this; I think we will be through this the recession to occur and get worse a tax cut I personally approve of but soon, and I need to make some pur- will give us deficits not only this year wasn’t in the original bill. So he added chases that I have held off making. As but for years to come, not to mention $70 billion in costs to the bill and then they buy things, they create more eco- the suffering that families and busi- came to the floor and said I can’t vote nomic activity, businesses flourish, and nesses will go through in the process. for this bill because it costs too much. jobs are created and saved. So as people If I came to Senator MCCAIN and said Now, wait a minute. You can’t have it are thrifty in an economy and hold to him: I know of your interest in na- both ways. You can’t add to the cost of back, it deepens the recession. Defla- tional defense. You are a war hero from the bill in the committee and then tion is what they call it. This year we Vietnam and I respect you so much for come to the floor and say I can’t vote will lose $1 trillion in spending in it, and I know you have focused on for the bill because it costs too much. America. We estimate that families Americans’ national security more It happened. holding back, consumers holding back than any other issue. If I told you there Another Senator on the floor offered will spend $1 trillion less. Remember, was a threat to America, whatever it what I thought was a valuable idea. It our overall economy is about $14 tril- might be, and that we had better pre- needed some changes here and there lion, so that represents about 7 percent pare ourselves to defend ourselves, but a valuable idea: Create tax incen- of our economy which will contract be- would you stop and say first tell me tives for people to buy homes. I like it. cause of fear, concern about our future. how much it costs, or would you first I believe we have improved it in this What President Obama has said is at say keep America safe, that is our first bill, but it was at least a sound idea to this moment we need to inject money obligation; we will talk about the cost start moving the housing market for- into this economy. We need to show later? I expect that would be his reac- ward. Well, it turns out that Senator as the American people we can save and tion. It might be my reaction as well— well added between $11 billion and $30 create jobs. We need to have more eco- it probably would be my reaction as billion to the cost of the bill with his nomic activity so that businesses will well. So here, when we face a national amendment which was adopted, and survive, and we need to see our way economic crisis, for any Senator to then said I can’t vote for the bill; it through this crisis. That is what he has stand up and say, You know, there is costs too much. Again, you can’t have come forward with. So the critics of only a limited amount of money we can it both ways. If many Republican Sen- President Obama’s plan have no alter- spend on this, is to ignore the fact that ators wonder why they aren’t in the

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.009 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2265 room talking about the ultimate bill, We also had some criticism from the Federal Government down to my local it is because they have already made a Senator from Arizona about the ‘‘Buy school district. Well, the Governor in public pronouncement that no matter American’’ provisions. I have to tell my State is going to accept the funds, what you do to the bill, we are not my colleagues something. I respect I can assure my colleagues, but what if going to vote for it. How much time him, because I know he believes this in we were in a State where the Governor should we spend talking to those Sen- his heart of hearts. I certainly do not said we don’t need this money. I don’t ators? We are never going to pass a bill stand here and endorse isolationism, know why Washington did it. I am not if we spend our time agreeing to protectionism, or economic nation- going to sign up and ask for it. There amendments they like so they can vote alism, but shouldn’t our priority with ought to be a way that school district against the bill. That is the case, un- America’s tax dollars be in putting can still benefit even if the Governor fortunately, too many times. Americans to work, creating good-pay- sees it differently, and that is the rea- There is also this notion Senator ing jobs right here at home, buying as son for the provision Senator MCCAIN MCCAIN raised that Speaker PELOSI many goods and services within our raised. said, We won the election; we wrote the economy as we can? Senator MCCAIN also said that bill bill. Well, I can tell my colleagues the Senator DORGAN of North Dakota of- was done in a partisan fashion, behind American people did speak on Novem- fered an amendment which was a very closed doors. I can tell you the Repub- ber 4 and there was a decision in the thoughtful amendment and it said: We lican Senators who were engaged in election, but President Obama could are going to buy American, but what- this process on the Senate side made it not have reached out more to try to ever we do will be consistent with our as bipartisan as possible. They were in- bring in Republicans in the House and international trade agreements. That volved—all three of them—in very de- Senate to help write this bill. Three is a reasonable approach. I think as far tailed discussions about what was in- stepped forward. Those three were in as we can go under existing law and cluded in the bill. Yes, it is true, some on the negotiations. Those three had a treaties, we need to try to help Amer- were discussions behind closed doors, profound impact on the bill. I respect ican families get back on their feet and but, ultimately, this bill is public for them very much; the two Senators Americans back to work. There is those interested in reading and care- from Maine, OLYMPIA SNOWE and SUSAN nothing unreasonable about that. I fully looking through it, and they COLLINS, and the Senator from Penn- think it may go a little too far with should. That is part of the process. sylvania, ARLEN SPECTER. If you would this economist’s article and others who I might add, there is more to follow. ask them today: Did you influence this argue we are getting back into some This bill has no earmarks in it. There bill, the answer is obvious. They did. era of protectionism. Senator DORGAN’s is no specific project that is appro- They made a big impact on this bill be- amendment I think was a thoughtful priated funds in this bill. That was our cause they were prepared to sit down one and will help us address that issue. promise. There is increased funding in and work with us and said, If we can There was also some concern about all the agencies receiving more funds find an agreement, we will vote for it. Governors. I can tell my colleagues for oversight so the inspectors general So, in fact, we did win the election, but why there is a provision in this bill rel- can keep an eye on the money being we know we need the help of both polit- ative to the power of Governors. We spent. There will be an accountability ical parties to solve our Nation’s prob- have this amazing situation where and transparency board to coordinate lems, and we are trying our best. there are literally Governors—only a and provide regular reports to Con- Senator MCCAIN also raised questions handful—across the Nation who are gress. We are going to have a recovery about the cost per job. If you take the saying we don’t want the money. We Web site where people across America overall cost of the bill—$790 billion, don’t need the money for our States. I can follow the expenditures of these roughly—and the projected increase in don’t know why you are going to force funds, so they can see what is hap- jobs—anywhere from 1 million to 3.9 us to take this money. pening nationally and in their States. million—he does simple math and Well, that is their political point of I think it also is going to protect comes to the conclusion that we are view. Most States are having trouble. State and local whistleblowers. These spending too much money for each job So what we said at the outset is we are tax dollars collected for people who we are creating. What the Senator did want Governors to request the funds. work hard for them. These dollars not note was that about a third of this Literally billions of dollars will be should be spent in a responsible way, bill goes to tax cuts to everyone. It coming to their States and they should with transparency. isn’t in the creation of a single job, but request it. That is not unreasonable. Senator MCCAIN also spoke about in trying to help all families—at least We went on to say that if your Gov- Amtrak. Senator MCCAIN is on the those in income categories that we ernor doesn’t request the funds, doesn’t record for a long time against Amtrak. characterize as middle-income fami- ask for the funds to help people in their Again, I respect his position but dis- lies, working families—so that is about States, that the legislature in each agree with it completely. We found in a third of the bill. State can do it. Why did we put that in Illinois and across the Nation when the The second thing he didn’t acknowl- there? Because some of the money will price of gasoline went over $4, millions edge was the money spent in creating a not go through the Governor’s office, of Americans rediscovered, or discov- job has to be looked at in the long but will go directly, for example, to ered for the first time, Amtrak. You term. If you create a job for a worker school districts. Take an example in need a reservation to get on a train in in Illinois and that worker ends up get- my State. In my hometown of Spring- Illinois because they are packed with ting paid $50,000 a year, that worker is field, IL, the school district there will people who realize it is a lot cheaper to going to take his or her paycheck and get additional funds for IDEA. That is use the train. Of course, in using a spend it. In spending that paycheck, it the Federal program that provides train, there is less traffic congestion is going to put more money back into money to school districts so they can and less pollution. Ultimately, expand- the economy. At the shops and stores educate and help children with special ing Amtrak—even high-speed rail, they go to there will be receipts, prof- needs. It is an expensive commitment which is part of this—is part of the fu- its, more people working, and the peo- and it is one the Federal Government ture. Senator MCCAIN sees it dif- ple who are working there will take has not done its share of over the ferently. I respect him for that, but I their paychecks and go on and spend years. That money would go to the think the investment in Amtrak is them as well. It is the so-called multi- school district to help them meet their money well spent, jobs right here in plier effect which I am sure the Sen- needs for teachers and classrooms, and America building tracks, expanding ator from Arizona is well aware of. So it would also suppress the need to raise Amtrak service, and providing train to assign the value of each job as being property taxes which no one wants. service that will benefit our country $100,000, $200,000, whatever the cost is, Also, money will go to the schools in for a long time to come. is to overlook the fact that that my hometown that have a larger per- I might say, as well, to my friend money, through the workers, is spent centage of disadvantaged kids, kids from Arizona that this bill, though he and respent time and again. That is from low-income families. It is called and his fellow Senators may vote what helps us rebuild the economy. title I. That money is coming from the against it, is going to create or save

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.010 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2266 CONGRESSIONAL RECORD — SENATE February 13, 2009 70,000 jobs in Arizona over the next 2 TARP funds of $700 billion. We gave the out a few examples, again quoting from years. It will provide a tax cut of up to President the bipartisan support he the Wall Street Journal on the same $800 for more than 2 million workers wanted, even though some of us may day and an editorial on that issue, they and their families in the State of Ari- have questioned whether it was exactly point out: zona—a tax cut they will greatly ap- the right thing to do. We knew we had The Milwaukee public school system, for preciate, I am sure. And 75,000 Arizona to act together. example, would receive $88.6 million over families will now be eligible, under this Now there is a different mood. Presi- two years for new construction projects bill, to deduct college education ex- dent Obama’s plan is facing a different under the House version of the stimulus— penses for their kids in a way to give standard by some of the Senators on even though the district currently has 15 va- them a helping hand so the kids can the other side of the aisle. I think we cant school buildings and declining enroll- need to jumpstart this economy and ment. Between 1990 and 2008, inflation-ad- stay in college, get their degrees, and justed MPS spending rose by 35 percent, per- go on to be employed profitably and not only bring us to recovery but reinvest in this economy so we have less pupil spending increased by 36 percent and successfully in their lives. It is going state aid grew by 58 percent. Over the same to provide additional money for the un- dependence on foreign oil, better period, enrollment fell by a percentage point employed in Arizona of $100 a month sources of energy that don’t pollute the and is projected to continue falling, leaving and give them a helping hand in paying environment, modernize our health the system with enough excess capacity for for health insurance. care system, modernize our school sys- 22,000 students. So whether the Senators voted for tem, prepare it for the 21st century, Yet they are going to receive $88.6 this or not, there are benefits coming and do all these things by creating jobs million to build new capacity. Do the directly to their States, which most in America. That is what this is all schools they represent have difficult people would agree are important. It about. That is why it is so critically conditions? Back to the editorial and will provide funding sufficient to mod- important. quoting: I yield the floor. ernize at least 193 schools in Arizona so The PRESIDING OFFICER. The Sen- In general, MPS facilities have been de- the children will have laboratories and scribed by school officials as being in good to ator from Utah is recognized. better-than-good condition— libraries and modern classrooms for Mr. BENNETT. Mr. President, as we the 21st century. Money will be income to the final vote on the stimulus Reports the Milwaukee Journal Sen- vested in renewable energy so we will package, I express my great regret that tinel— have less dependence upon foreign oil. I am going to be unable to vote for it the kind of situations that create urgent We are going to move toward the com- because we clearly need a stimulus needs for renovation or new construction in puterization of health records in every package that works. The economy is in some cities have not been on the priority list for MPS officials in recent years. State, including Arizona, Illinois, and serious trouble, and we need to do the Virginia, because we believe that very best we can to restore confidence So we are going to spend money to means doctors can do a better job. in our economy and in our future. build Milwaukee schools and they don’t They can see the background of a pa- Indeed, confidence is the basic issue. have students to fill them. That is the tient when making a diagnosis. It Confidence is what it is all about. We kind of thing the Wall Street Journal means there are fewer medical errors. have had glimpses that have led us to was talking about. Though that was criticized as being believe some sense of confidence could Let’s look at what happened this part of the bill, I think it is money well be restored. Unfortunately, in my view, week. Now, I go not to an American spent. we have squandered the opportunity. publication but to the Economist, If we are talking about health care Let me put it in context. Let’s go printed in Great Britain, which has reform, we need to modernize the way back to the time when President perhaps a more objective view than a we capture and hold health records. Obama was newly inaugurated and peo- publication focused on American poli- Also, the Veterans’ Administration’s ple were looking forward to the stim- tics: system already has computerized ulus package and the activity with re- There was a chance that this week would records. It is the way to go. This bill spect to banks and what would happen mark a turning point in an ever-deepening moves America in that direction. This in the financial industry. If I can quote global slump, as Barack Obama produced the bill, when it comes to the VA, has $1.2 from an editorial that appeared in the two main parts of his rescue plan. The first, billion for VA hospital and medical fa- Wall Street Journal over the weekend and most argued-over, was a big fiscal boost. cility construction and improvements. of February 7 and 8, they were talking They are referring to the stimulus Money that otherwise would not have about the gamble that the stimulus package. been spent on the VA will be spent be- package represents. This is what they The second, and more important, part of cause of the stimulus bill. There is $2.3 had to say: the rescue was team Obama’s scheme for fix- billion for Department of Defense fa- The biggest gamble with this stimulus is ing the financial mess. . . . cilities such as housing, hospitals, and what it means if the economy doesn’t re- They refer there to the unveiling of childcare centers. There is $555 million cover. Monetary policy is already as stimu- the program that Secretary Geithner to expand the DOD homeowners assist- lative as it can safely get, and the Obama ad- gave us on Tuesday of this week. They ance program. There is $150 million ministration is set to announce its big finan- go on to describe the situation: cial fix on Monday. that will be used for more personnel to That Monday was the Monday of this America cannot rescue the world economy process disability claims—something alone. But this double offensive by its big- week, Mr. President. It goes on to say: we need in Illinois, and I bet other gest economy could potentially have broken States need as well. Stocks rallied Friday on expectations of the spiral of uncertainty and gloom that is These are things I think are criti- the latter, despite the job loss report, with gripping investors, producers and consumers big bank stocks leading the way. If done across the globe. cally important to put spending in this right, this will help reduce risk aversion and economy, to breathe life into it, to cre- gradually restore financial confidence. Again, Mr. President, they are pointing out that we have a significant cri- ate and save up to 3 million or 4 mil- Again, confidence is what we need to lion jobs, to try to stem the tide of this get the economy going in the right di- sis of confidence. They say it applies to recession. rection. Continuing to quote: investors, producers, and consumers. Then they gave their judgment: Again, at the end of the day, we may We hope it does, because the size and waste only have three Republican Senators of the stimulus means we won’t have much Alas, that opportunity was squandered. Mr. voting for it, but unless we stand and ammunition left. The spending will take the Obama ceded control of the stimulus to the act together, we are not going to solve U.S. budget deficit up to some 12 percent fractious congressional Democrats, allowing this problem. of GDP, about double the peak of the a plan that should have had broad support When President Bush needed help 1980s and into uncharted territory. The from both parties to become a divisive par- last year with his economic stimulus tisan battle. More serious still was Mr. tragedy of the Obama stimulus is that Geithner’s financial-rescue blueprint which, plan, we stood together, Democrats and we are getting so little for all that though touted as a bold departure from the Republicans, and gave it to him—first, money. incrementalism and uncertainty that the $150 billion in tax cuts and then the What did they mean when they plagued the Bush administration’s Wall President’s request for the so-called talked about getting so little? Picking Street fixes, in fact looked depressingly like

VerDate Nov 24 2008 06:00 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.012 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2267 his predecessor’s efforts: timid, incomplete momentum we need in order to get to Today’s headline: ‘‘$789.5 Bill Stim- and short on detail. Despite talk of trillion- where we need to be. ulus Coming, But Will It Revive Econ- dollar sums, stock markets tumbled. Far I yield the floor. omy?’’ from boosting confidence, Mr. Obama seems The ACTING PRESIDENT pro tem- We are going to spend all of this at sea. pore. The Senator from Wyoming. money, and every dollar we spend that These are comments not of an Amer- Mr. BARRASSO. Mr. President, like does not actually work to contribute to ican publication, or of a Republican or my colleague from Utah, I too wish I reviving the economy is an extra dollar Democratic partisan, but the com- had something I could vote for, some- our children and their children are ments of an objective observer from thing I believe would stimulate the going to owe to foreign nations because overseas. They go on: economy, would get the job done. But we did not have the self-control to The fiscal stimulus plan has some obvious on this package, based on its size, limit our spending now. flaws. Too much of the boost to demand is based on its magnitude, and based on And then the front page of the Wall backloaded to 2010 and beyond. The com- what I believe are fundamental flaws in Street Journal today, the big question: promise bill is larded with spending deter- it, like my colleague, I will also need mined more by Democrat lawmakers’ pet ‘‘Next Challenge on Stimulus: Spend- to vote no. ing All That Money.’’ projects than by the efficiency with which The other day I was on a local radio the economy will be boosted. Senator BENNETT talked about a very station in Casper, WY, KTWO, ‘‘Brian I will give you an example that fits expensive proposal that is going to be Scott in the Morning.’’ Brian said: How spent, and the Wall Street Journal said that category. Quoting from the Wall do we know, how are we going to judge it would probably take them about 8 Street Journal of today: the success or failure of this bill? And years. By then, this economy is going An obscure Commerce Department office I said, because this is statewide in Wy- to have changed dramatically. with a $19 million budget and fewer than 20 oming: Ultimately the people of Amer- This ‘‘Next Challenge on Stimulus: grant officers would end up in charge of $7 ica will judge the success or failure of billion in grants to expand Internet access in Spending All That Money’’ talks about this bill. If the people believe the Gov- rural areas. the Department of Energy. What does ernment is working for them, then it is it have to say? Mr. President, you have had execu- going to be a success. But if, on the tive responsibility at the State level. I other hand, the people of America be- [Department of Energy] is going to have to dramatically change how it does business if have had executive responsibility in lieve they are working for the Govern- the private sector. Think for a moment it hopes to push all this money out the door. ment because of the debt and they feel . . .They are going to need more people, about the workings of this situation. burdened by this package through in- There is an office with 20 employees ad- more oversight and more freedom to waive creased taxes, through inflation, regulations. ministering a $19 million budget that is through less buying power, through If they are going to spend all this going to receive, under this stimulus more Government regulations, then package, a check for $7 billion and then money in a timely manner, because people will judge this a failure. I want that is what this program is supposed being told: Spend it wisely in expand- it to work. I want something that is ing Internet access in rural areas. to be—timely, temporary, and tar- going to make a difference in the lives geted—if they are going to be able to Mr. President, $7 billion does not get of the people of Wyoming and the peo- spent by 20 people overwhelmed by the spend this money in a timely manner, ple of America. they are going to have to waive regula- task. It does not get spent expanding Brian then specifically said: How will tions. Internet access in rural areas without it work? How is the program actually We will see how they do. This is the careful studies and an intelligent plan going to work? Department of Energy that has a his- laid out. That is where I have to turn to the That is an example of what ‘‘The headlines and the sort of things Sen- tory of delays and of letting costs spiral during the delay process. And that Economist’’ is talking about when they ator BENNETT was talking about be- say, and I go back to their quote: cause I don’t think anyone knows. The is today’s Wall Street Journal. Is there waste in this program? Abso- The bill is larded with spending deter- Members of this body don’t know. The mined more by Democrat lawmakers’ pet Members of the House don’t know. The lutely. I think the people of Wyoming projects than by the efficiency with which program is much too big. As Alice get it right. I have had telephone town- the economy will be boosted. Rivlin, the former adviser to Senator hall meetings. I have been home every They go on to talk about more de- Bill Clinton said, we should go with weekend for the past three weekends. tails of the stimulus plan, as well as something half the size. Take a look But the Powell Tribune in Powell, WY, the Geithner plan, but they summarize and do the emergency spending now, has a headline that says: ‘‘Stimulus: it this way under the heading, ‘‘A great and then let these other programs, Take time to get it right.’’ failure of nerve.’’ They say: whether it is energy, environment, edu- If you live in Powell, WY, and you How serious is this setback? One interpre- cation, health care—let’s discuss those write for the paper in Powell, WY, you tation is that Mr. Obama’s crew mismanaged in a deliberate manner. are not one to ever want to quote the expectations—that they promised a plan and But the headlines from the Wash- New York Times. Yet in this editorial came up with a concept. If so, that is a big ington Post say, ‘‘Trim to Stimulus they do. They talk about the New York mistake. Managing expectations is part of Carves Into Goals For Job Creation.’’ Times. They said: A New York Times building confidence and when so much about Are we not trying to create jobs? Isn’t editorial said, ‘‘A bill that is merely these rescues is superhumanly complex, it is better than nothing won’t be nearly unforgivable to bungle the easy bit. that what this is supposed to be all More worrying still is the chance that Mr. about? Not these backed-up projects good enough.’’ Geithner’s vagueness comes from doubt people have had as their pet projects ‘‘A bill that is merely better than about what to do, a reluctance to take tough for years. nothing won’t be good enough. The decisions, and a timidity about asking Con- Another headline, same page: ‘‘De- economy is too fragile. And the num- gress for enough cash. That is an alarming spite Pledges, Package Has Some bers are too huge.’’ prospect. Pork.’’ ‘‘Sifting Through Details of the What I think we should do is people I wish I could support this stimulus Deal,’’ as the Members of this body are should, once the bills get to their package. I am more than happy to still waiting for the copies to come to desks, pack them up, take them home reach out to the administration and do the floor. with them, read them on the plane, whatever I can to help solve this prob- Investors Business Daily: ‘‘Stimulus read them in the car, read them on the lem because our country is in serious Bill Funds Programs Deemed ‘Ineffec- train, read them as they go home, and difficulty and the world, as a whole, is tive’ by [Office of Management and then talk with people about what is in in even more. Budget].’’ Page 1 headline: ‘‘Stimulus the bill, and then come back and vote I regret, in the words of ‘‘The Econo- Bill Funds Programs Deemed ‘Ineffec- on it. Then I think this Senate and the mist,’’ that this is an opportunity that tive’ by the [Office of Management and House would know what the people of has been squandered. I hope in the Budget].’’ Then why are those pro- America would say. Take the time to coming weeks we can do something to grams still here? That was yesterday’s get it right. This bill is too big. It regain the opportunity and regain the Investors Business Daily. spends too much. The cost is too great.

VerDate Nov 24 2008 06:00 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.013 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2268 CONGRESSIONAL RECORD — SENATE February 13, 2009 The risk is too high. And for somebody I have continued this work at the ergy sources is to diversify our energy from Wyoming, it seems to me as Federal level since being elected to the portfolio. though we are firing all our bullets at House of Representatives. In 2003, Half of the States in our great Union once, spending close to $1 trillion on a again along with my cousin TOM have already figured this out and have package that we don’t know whether it UDALL, I introduced a bill to create a made the commitment to producing a is going to work, and if additional help national RES. This bill became the percentage of their electricity using re- is needed, we will have run out of am- basis for a measure we passed out of newable energy. munition. the House in 2007. This measure would But all of our States will benefit Mr. President, I yield the floor. have created an RES of 15 percent by from a national standard, which will The ACTING PRESIDENT pro tem- the year 2020 for our entire Nation. lower natural gas costs nationwide, pore. The Senator from Colorado. Unfortunately, this amendment did create new economies of scale in manu- Mr. UDALL of Colorado. Mr. Presi- not make it through the Senate. It facturing and installation, and offer dent, I ask unanimous consent to be failed by one vote and was not included greater predictability to long-term in- recognized for up to 15 minutes. in the 2007 Energy bill. But now thank- vestors. By reducing the cost of new The ACTING PRESIDENT pro tem- fully, under the leadership of Energy clean technologies and making them pore. Without objection, it is so or- and Natural Resources Committee more available, as a national RES dered. Chairman JEFF BINGAMAN, and with would do, it would help restrain nat- Mr. UDALL of Colorado. Mr. Presi- the growing support of a number of ural gas price increases. dent, today we will pass an economic new Senators, we will have opportuni- This bill will spur economic develop- recovery bill designed to create and ties in this Congress to again pursue a ment with billions of dollars in new save jobs. There are many reasons our national RES. capital investment and new tax reve- economy is in trouble. One can point to Early this week, Chairman BINGAMAN nues for local communities, as well as the housing bubble and bust, failure to held a hearing on his draft language for millions of dollars in new lease pay- properly regulate financial markets, an RES of 20 percent by the year 2020. ments for farmers and rural land- two wars that we have not paid for, and I would like to thank Chairman BINGA- owners. a global credit crunch. But whatever MAN for holding this important hearing For those not yet convinced of the the causes for our economic crisis, a and for his leadership on this issue. I benefits of an RES, I would ask them common thread running through the look forward to working with him to to look at what has happened in Colo- fabric of our economy is energy. I be- get a strong bill through the com- rado. Vestas, a major wind turbine sup- lieve that a decade of shortsighted en- mittee, through both Houses of Con- plier, identified our State RES as a de- ergy policies and missed opportunities gress, and to the President’s desk. termining factor in locating 2,500 jobs has contributed to the economic crisis My desire to win this fight and to in Colorado for its wind turbine manu- we face today. help the chairman is why I joined with facturing headquarters. Additionally, I also believe a way out of this crisis Senator TOM UDALL to introduce this can be found if we develop a smart en- Colorado Governor Bill Ritter has esti- Udall-Udall RES bill that would re- mated that just the solar component of ergy policy. That is what I want to quire 25 percent of our electricity pro- talk about today. the RES has brought 1,500 new solar duced from renewable energy sources jobs to Colorado. Investments in energy technology, by 2025. RES is important for many energy conservation, and sustainable Now, Mr. President, some have ar- reasons. As demand for energy con- gued that a national RES would burden energy will be an important part of the tinues to grow in this country, we need path to economic recovery. We need to some regions of the country at the ex- to make sure we continue to have af- pense of other regions. I would argue get on that path soon. One way we can fordable and reliable electricity sup- move forward is to pass legislation es- the opposite. A national RES would, in plies. fact, create public benefits for all. tablishing a national renewable elec- As demand for energy continues to The bill’s definition of ‘‘renewables’’ tricity standard, which is known as an grow in this country, we need to make is broad, including biomass such as cel- RES. This week, I am joining Senator sure that we continue to have afford- lulosic organic materials; plant or TOM UDALL from New Mexico in intro- able and reliable supplies. And, most algal matter from agricultural crops, ducing such a bill. importantly, as we move to more com- crop byproducts, or landscape waste; Establishing a national renewable petition in the delivery of electricity, gasified animal waste and landfill gas, electricity standard is a goal I have we must make sure consumers and the otherwise known as biogas; and all been striving to achieve for many environment are protected. So it kinds of crop-based liquid fuels. The years. In 1997, as a Colorado State leg- makes sense to put incentives in place islator, I introduced several bills de- to ensure that less polluting and envi- definition includes incremental hydro- signed to advance renewable energy, ronmentally responsible sources of en- power; solar and solar water heating; including a State renewable portfolio ergy can find their way into the mar- wind; ocean, ocean thermal, and tidal; standard. While my bills were voted ketplace. That is what a renewable geothermal; and distributed genera- down in committee and never reached electricity standard, or RES, would tion. Every State has one or more of the full House floor, my work in the help to do. these resources. Colorado House laid a path for action. Not least, our bill would reduce air Further, the argument that the In 2004, as a Member of the House of pollution from dirty fossil fuel power- Southeast would be disadvantaged by a Representatives, I traveled across Colo- plants that threaten public health and national RES—that the Southeast has rado with our then-State House Speak- our climate. no renewable resources—has been er, Republican Lola Spradley, cam- But this bill is also about addressing shown to be inaccurate. In fact, the paigning for the Nation’s first state- two of the greatest challenges facing Southeast is one of the regions of the wide RES ballot measure. our country—national security and country that would see the most ben- Despite well-publicized objections economic growth. With almost all of efit from this proposal. According to from Colorado’s electricity providers, the new electricity generation during the Department of Energy’s Energy In- Colorado voters approved amendment the last decade fueled by natural gas, formation Administration, the tech- 37, which required 10 percent renewable our domestic supply cannot sustain our nology that does best under a national energy production for our State by the needs. RES is biomass. Already, 2,500 year 2015. After we easily reached that Just think, Iran, Russia, and Qatar megawatts of generation come from goal within a few years, the Colorado together hold 58 percent of the world’s biomass in the Southeast, and much of legislature increased this RES to 20 natural gas reserves. As demand for the waste from pulp and paper mills percent by the year 2020, this time with power continues to grow, we should not has yet to be used for generating elec- the support of those very electricity be forced to rely on these unstable re- tricity. providers who opposed the measure ini- gions to sustain our economy, nor do In summary, a national renewable tially because they came to realize the we have to. electricity standard will reduce harm- bottom line benefits of utilizing renew- The best way to decrease our vulner- ful air and water pollution, provide a able sources of energy. ability and dependence on foreign en- sustainable, secure energy supply now,

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.014 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2269 and create new investment, income and figures from the other side that it good, fiscally responsible idea. It was jobs in communities all over our coun- might be 2 cents on the dollar—or $1.02 rejected largely along party-line votes. try. That is why I look forward to of stimulus as opposed to other places No. 2 example: to ensure that the working closely with my colleagues in where, as with food stamps, you might huge amount of State aid money, al- the Senate to ensure the adoption of a get a $3 or $4 return on the investment most $87 billion for Medicaid alone, national renewable electricity stand- from a stimulus. But it needs to be was used by the States to prevent tax ard. there for the simple reason that in increases or cuts in important services. Mr. President, I yield the floor. each of the last 2 years, we have waited We had amendments to do that. The Mr. GRASSLEY. Mr. President, I a long period of time to do it, and it amendments required States to main- suggest the absence of a quorum, and if has created problems for the IRS to do tain their efforts on keeping taxes low it is necessary, to be fair to the other their form work when you do the alter- and not cutting services. That was reside, I will take it out of the time I native minimum tax in November. jected largely along party lines. have over here, or equally divided. I pushed this amendment, an exten- Another example was to build on the The ACTING PRESIDENT pro tem- sion of the alternative minimum tax individual tax relief in the package. On pore. Without objection, it is so or- patch. I thank the conferees for retain- this side, we offered amendments to ex- dered. The clerk will call the roll. ing it in conference. Many in the pand the relief in amount and by the The assistant legislative clerk pro- Democratic leadership—most particu- number of taxpayers. Those amend- ceeded to call the roll. larly the senior Senator from Illinois— ments also were largely rejected along Mr. GRASSLEY. Mr. President, I ask argued that I should support the pack- party lines. unanimous consent that the order for age based upon that amendment alone. The last example: we tried to divert the quorum call be rescinded. I agree with my friend from Illinois some of the over $1 trillion in this The PRESIDING OFFICER (Mr. that the package was improved with bill—that is $1 trillion when interest KAUFMAN). Without objection, it is so that amendment. I also point out that on this debt is included—to home mort- ordered. all these families in his State—and you gages and housing problems. We offered Mr. GRASSLEY. Mr. President, on can look at Illinois, where there is a amendments to do that. Senator Friday the 13th, there is superstition fabulous number of middle-income tax- ISAKSON prevailed with his amendment that says we shouldn’t be walking payers, 909,000 right now, before this to provide a robust tax credit for home under ladders, we should avoid black bill is signed by the President—would purchases. How was that amendment cats crossing our paths, and certainly be obligated to pay that alternative received in the conference committee? you wouldn’t purposely break mirrors, minimum tax. In my State of Iowa, it The answer is it was dumped and new would you. But since this is the first is a large number; not quite that big. social spending, the priority of a lot of significant piece of legislation in this We need to point out that all the House Democrats, was added back. Congress, and under our new President, families from his State and families These are just a few examples. I we ought to take a look in the legisla- from my State will get a tax cut aver- would like to remind my colleagues tive mirror at what we are doing when aging $2,300 due to the amendment. We that we would cut back the cost of the we vote here today. on this side pushed for that. bill. Ask Senator MCCAIN. I am sure he If you look at the developments of I do not get what the senior Senator will explain, in detail, the large this legislation, you will see some pat- from Illinois was saying. I only heard amounts of money that could be saved. terns. No. 1, House Democrats put to- him say it last night because I was on The true test is in the press reports. gether their priorities and drove their the floor at that particular time. I They note the conference report is not priorities through the House of Rep- don’t get why he doesn’t accept the im- too far off from the basic plans laid out resentatives. They didn’t pretend to provements based on merits alone and by the Democratic leadership. The bot- take any Republican input and they not whether it has anything to do with tom line is the basic outlines of the left out 11 of their own Members in the who supports this bill or who does not. plan did not move all that much be- House of Representatives, as we saw Why he feels the need to continue to tween what was originally passed in from the 11 Democrats who voted criticize me by name for improving the the House, originally passed in the against it. In the Senate, Republicans bill is beyond my comprehension. Senate, and what comes out of con- were consulted, and that is a very posi- Now, instead of repeatedly criticizing ference. It goes back to my basic tive thing, but we were never invited to me by name, I hope the senior Senator point—to be bipartisan you have to the negotiating table. from Illinois would listen to what I have a real offer to negotiate and a sin- We saw this pattern repeat itself at have to say and reflect on it. We do not cere objective to entertain each other’s committee levels and on the floor here need to be partisan, cutout cartoon point of view. There is no better evi- and, of course, the most obvious one, at characters. We can actually engage in dence of that kind of pattern than the the conference stage. When Repub- some real debate. In that vein, many record Senator BAUCUS and I have es- licans offered ideas, generally they on my side could probably support the tablished in the committee, the Fi- were rejected. There were a few excep- conference agreement before us, with nance Committee, during the years I tions, and the chart behind me will more improvements such as the one chaired the committee and during the show what those few exceptions were. the senior Senator from Illinois has years he has chaired the committee. The chart deals with one of the im- criticized me for offering, the alter- I yield the floor. provements—the alternative minimum native minimum tax. President Obama I suggest the absence of a quorum tax. This is 2006 return data, so it could get the 80 votes he wanted and and ask the time be divided. The PRESIDING OFFICER. Without might understate its impact, but you still have a stimulus bill. objection, it is so ordered. The clerk can see that every State would add up But on this side we will supply those will call the roll. to about 20 million for the year 2006. If additional votes, maybe pushing the The bill clerk proceeded to call the the 2008 patch were not passed, it would total to 80, only if we believe the bill as roll. probably add up to 23 million, 24 mil- a whole would improve the economy. Mr. SESSIONS. Mr. President, I ask lion middle-class Americans who would To that end, House and Senate Repub- unanimous consent the order for the be hit if we didn’t do something on the licans offered amendments in com- quorum call be rescinded. alternative minimum tax. Each one of mittee and on the floor to improve this The PRESIDING OFFICER. Without us can look at our own individual bill the following ways. I have about objection, it is so ordered. State. But you can see that there are four examples. Mr. SESSIONS. Mr. President, this is high percentages of middle-class people No. 1: to tie the spending of this bill 10 minutes for morning business? who would be hit by the alternative to the period in which the economy is The PRESIDING OFFICER. The Sen- minimum tax. That needs to be done. sagging. That was Senator MCCAIN’s ator is correct. I heard detracting remarks on wheth- trigger amendment. If Senator MCCAIN Mr. SESSIONS. I ask to be notified er we ought to do that in a stimulus had prevailed, taxpayers would know after 5 minutes. package. It is not as stimulative as their tax dollars would be protected Mr. President, I truly believe the leg- some parts of it. I think I heard some once the economy recovered. It was a islation before us is a historic piece of

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.016 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2270 CONGRESSIONAL RECORD — SENATE February 13, 2009 legislation. It is a piece of legislation I think this is a big deal, and I do not that if you get a contract under this that changes the course the United like the process. The bill got out in the jobs bill, you would use E-Verify. So States has steered throughout its his- middle of the night, and now we are the House passed it. It was in their bill. tory, by moving us rather significantly supposed to vote today. There is hardly All but 11 Democrats voted for the and precipitously toward a European time to read it. It is $1 billion per page, overall bill, so they voted for the E- model of an economy. The Govern- 700, 800 pages, maybe more in there, Verify provision. And I am sure that ment’s share of GDP has historically and almost $1 billion per page. If you the Republicans and the 11 Democrats, been about 20 percent for the last 34 add up the minutes between now and had they been asked to vote on just years, up and down, 17, 21, 22. One the time we will be voting, it is almost this provision, would have voted for it score—when you put all the stimulus $1 billion a minute. One professor at too. So it was virtually unanimous in money, all the bank money and all the Hillsdale College notes that this rep- the House. bailout money and what we may expect resents—$789 billion is almost equal to So I kept pushing it here, and if it to see in the future—one score indi- all the currency in circulation in had passed here, using the same lan- cated that it could reach 39 percent. In America today. It is a stunning piece of guage our House colleagues used, it 1 year, we go from 21 or so percent of legislation. would have—absent skullduggery, GDP to 39 percent of GDP. They say I want to repeat something that I which sometimes happens—been in the this is a temporary stimulus package. have spoken about before. In my view, final bill because it would have been in But it is not a temporary stimulus there was a deliberate plan that was the House bill and the Senate bill and package. It has all kinds of permanent hatched to create a perception that become law. expenditures, creates new Government something would be done in this legis- So the House Members are most programs, and spends more money on lation that would require any business proud. They voted for it. They voted things such as IDEA, special edu- that obtained money out of this pro- with their constituents. They voted for cation—$14 billion on that existing program, any contractor, to use the Gov- common sense. They voted for Amer- gram. Does anybody think we are going ernment E-Verify Program. All you ican jobs. And they are proud of them- to reduce that in the future by any sig- have to do with this program is punch selves. nificant degree? into the computer the Social Security The Senate, however, did not get to This bill funds program after pro- number of the people who seek employ- vote on it—sorry, JEFF, we just gram that will be increased in size, and ment and have it checked by the De- couldn’t find time to get your vote. We the Government spending will then ac- partment of Homeland Security. And had all the other votes, but we did not count for a larger percentage of our we are finding that a considerable have time for yours. economy. No Senator is now on record as hav- As George Will wrote—he is fre- number of potential new hires—not too many but a considerable number—are ing voted against E-Verify. But just as quently, I think, thoughtful and wise— I predicted, they went to conference recently: here illegally. Now, let me ask my colleagues, is it the desire of the Members and they got with Speaker PELOSI and If this is not a matter that ought to be po- of this body that the stimulus money Majority Leader REID, who control the litically discussed, what is? conference—both of them pick the con- So we want to be nonpartisan, bipar- to create jobs—that those jobs should be given to people illegally in the coun- ferees; a majority of Democrats on tisan, and work together. But if you re- both the House and Senate side, and alize that we are undertaking an ex- try? People who are here lawfully, green card holders or temporary work- they had the power to write the bill as penditure, the largest in the history of they chose—and lo and behold, sur- the Republic, the largest in the history ers, if they are lawfully here, they can have a job under the program. I am not prise, they took it out. They did not of any nation in the world, in one fell want it in from the beginning. They swoop, and if you believe that is going objecting to that. But the Government has a computer system, and 2,000 busi- systematically maneuvered around to to move us significantly in a way that get a plan to take it out, and they alters the historic principle of this Na- nesses a week are signing up to use it voluntarily. Nobody has required them think they can pass the bill without it, tion that believes in limited Govern- and perhaps they will. And who is to ment, then you need to be here talking to do that. Those businesses are finding that some of the people who apply are lose? Low-skilled, honest, decent about it and opposing it and voting American workers out looking for a against it. not here legally, and they are not hiring them, as a good citizen company job. I think it is pretty clear. I know a lot Let me tell you about E-Verify. Doris should do. They are not supposed to of my colleagues on the other side of Meissner, who is the former head of the hire illegals—in fact, it is a criminal the aisle, a lot of new Senators who Immigration Service under President offense if they knowingly hire people came in recently, they are uneasy Clinton, in a report last week, Feb- who are in the country illegally. So about this legislation. But they have ruary 2009, said this: why would we not do that? Why? been led along, I am afraid, by the lead- Mandatory— ership and some of the others and lis- The PRESIDING OFFICER. The Sen- tened to the Siren songs and are going ator has used 5 minutes of his time. That is what we are doing, requiring along with this legislation. Mr. SESSIONS. I thank the Chair. these companies to use E-Verify, not I do not think, in years to come, they Why would we not include this sim- mandatory now— are going to be that proud of it. I just ple requirement? Well, let me tell you, employer verification must be at the center don’t think so. I wish that some way, the American people want us to do it, of legislation to combat illegal immigration overwhelmingly, and I think the lead- . . . the E-Verify system provides a valuable even in these last moments, we could tool for employers who are trying to comply stop this train, go back and look at a ers of this body know that. So a clever plan was hatched. I began to get the with the law. E-Verify also provides an op- piece of legislation that might be bet- portunity to determine the best electronic ter. The House proposed legislation. feel for it when I began to offer this means— Senator THUNE offered it here. Some amendment. Three or four times I of- The PRESIDING OFFICER. The Sen- folks have taken a look at Christina fered the amendment. Many amend- ator’s time has expired. Romer’s work. She is the Obama ad- ments were voted on on the floor dur- Mr. SESSIONS. I ask unanimous con- ministration’s top economic adviser. ing this debate. The leadership was sent for 1 additional minute. She put a model out on how to evalu- most proud of that: Oh, we had a lot of The PRESIDING OFFICER. Without ate a stimulus-type legislation last votes. But some did not get voted on. objection, it is so ordered. year. They believe their legislation, This was one that did not. Why? It Mr. SESSIONS. She goes on to say following her model of what creates passed the House last year. One part of that: jobs, following her analysis, would cre- my amendment was passed on a floor E-Verify also provides the best opportunity ate twice as many jobs at half the cost vote of 407 to 2 to extend the E-Verify to determine the best electronic means to and not create so many permanent Program, which is set to expire in implement verification requirements. The Government bureaucracies and pro- March. The other part was accepted in administration— grams that are going to absorb more the Appropriations Committee, with- She is talking about the Obama ad- and more of America’s wealth. out objection, and that part would say ministration—

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.017 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2271 should support reauthorization of E-Verify those living on Social Security or I guess his history book ended at the and expand the program. SSDI. In the Ocean State, we know chapter on Herbert Hoover. Mr. Steele, Alexander Aleinkoff, a Clinton ad- that for vulnerable seniors, that little read on; read the next chapter about ministration official, called it a bit of extra help from the Federal Gov- Franklin Delano Roosevelt and the ‘‘myth’’ that there is ‘‘little or no com- ernment can make the difference be- Works Progress Administration and petition between undocumented work- tween housing and homelessness, be- the Citizens Conservation Corps and ers and American workers.’’ tween health and sickness. Approxi- how the Government got us out of the And I would say, I am disappointed. I mately 138,000 Rhode Islanders receive Great Depression. am not surprised, I could see how this Social Security, so this bill will mean Another measure of whether our Re- was headed for the last week or so. I more than $34 million into Rhode Is- publican friends are being fair is to hoped it was not so. I raised openly my land’s economy for Rhode Island sen- look at the arguments they have made. concern with the majority leader and iors and those who are disabled. Do they make sense? the bill managers that this would hap- The recovery plan will send an addi- ‘‘We should do housing first.’’ We pen, and I am now seeing it happen. tional $100 a month in unemployment have heard that one. Well, fixing the I yield the floor. insurance benefits to 86,000 Rhode Is- housing market is, indeed, important. The PRESIDING OFFICER. The Sen- land workers who have lost their jobs, But actions speak louder than words, ator from Rhode Island is recognized. and it will provide extended unemploy- and while the Republicans’ words call Mr. WHITEHOUSE. Mr. President, ment benefits to an additional 17,000 for action, their actions spell obstruc- today all over the country, millions of laid-off Rhode Island workers. tion. They still resist the single most Americans went to work unsure wheth- The bill we passed does not stop important and effective thing we can er they would bring home a paycheck there. It increases Pell grants so people do to stem foreclosures, which is Sen- or a pink slip. Today, millions of Amer- who cannot find work can go to col- ator DURBIN’s bill to allow bankruptcy icans got up, put on their suit, left the lege, improve their skills, and come courts to modify mortgages on prin- house, not go to work, but for another back into the workforce better trained, cipal residences, the only loans that interview, another visit to the unem- and in better days. It increases funding ployment office, another spot in the for food stamps, for Head Start and don’t have this authority in all loans long hiring line. Today, millions of other early childhood education pro- in our country. And when we tried to address the Americans will have that late-night grams, and for Medicaid—all to help housing crisis only a few months ago, session at the kitchen table trying to struggling families just weather this they stopped all those bills, refused to figure out how they are going to make storm. ends meet on their stressed family It includes $18 billion in Medicare allow us to move forward because they budget. And today, millions of Ameri- and Medicaid incentives to build health said expanding—remember this—oil cans worried how they could afford it if information infrastructure to improve drilling was more important and we a child or an elderly parent were to get the quality and safety and efficiency of had to do that first. It’s the number sick. In my home State of Rhode Is- our health care system. one issue facing the American public. land, where the unemployment rate is The bill we passed will put people Look where we are now and how im- the highest it has been in decades, the back to work. It will jump-start our portant oil drilling is in our crisis. If second highest in the country, I hear faltering economy, and it will support we had done housing first, can you not stories like this over and over again. struggling families. It is not a perfect see the signs here saying: Jobs first? I This past Sunday, I had one of our bill, but at this moment, in this crisis, fear our friends would rather move the community dinners that we hold. This it is necessary. goalposts than move legislation. one was at the Tri-City Elks Lodge in We tried to do this together with our ‘‘It is full of spending, and it is too Warwick. More than 200 people came Republican friends. President Obama big.’’ Yes, it is full of spending. The re- from all over the State to talk to me reached out his hand in unprecedented cession of consumer spending and busi- about their struggles to afford health ways. George Bush never once came to ness spending is what is draining the care in this economy. From them all, the Senate to talk to us, to Senate economy. The whole idea is to counter- the message was the same: We are try- Democrats. President Obama traveled balance the loss of that spending with ing to get by, but times are tough and to Congress to meet with the House Re- Government spending. And you know we feel the deck is stacked against us publicans; he came over here to meet what? It is probably not enough. Our so we just can’t make ends meet. What with the Senate Republicans; he did in- economy has already lost more than 3.6 can you do to help? dividual calls and meetings. Three Re- million jobs since the peak of the busi- Our economy, our country, is in cri- publican Senators, Senators SNOWE and ness cycle in December 2007, and 11.6 sis. Americans are urging us to take COLLINS of Maine and the distinguished million Americans are currently look- action now, before things get worse, be- ranking member of our Judiciary Com- ing for work. A report last month esti- fore it is too late. So this week, the mittee, Senator SPECTER, heard his mated that in the absence of this legis- Senate took action. It was not easy, it call, put their country first, and helped lation, we could lose another 3 to 4 mil- is not perfect, and it will not be cheap. us pass this bill. I do not agree with all lion jobs. This legislation will create or But it was the right thing to do. The of the compromises that they required, preserve 3 to 4 million jobs. 11.6 million bill we passed on Tuesday will create but without them, we might have had Americans out of work. This accom- no bill at all. or save 12,000 jobs just in Rhode Island plishes the first necessary step of stop- But from the vast majority of Repub- over the next 2 years. Many of those ping the bleeding. But more, I suspect, licans in Congress, from every Repub- will be required to cure the patient. jobs will come from new investments in lican Member of the House of Rep- Realistically, the danger that this bill Rhode Islands’s infrastructure, includ- resentatives, what did President is too small is worse than the danger ing millions for road and bridge repair, Obama get for his pains? They slapped to improve drinking water and sewer away his hand of friendship, and they that it is too big. ‘‘The bill doesn’t all create jobs.’’ systems, and to help families weath- gloated about it, saying, ‘‘The goose erize their homes and cut their energy egg you laid on the President’s desk, Well that is true. But let’s look at two bills. [the goose egg meaning zero Repub- examples of provisions that don’t cre- The recovery plan will provide a re- lican votes in the House of Representa- ate jobs—Pell grants and Medicaid. The fundable tax credit, a downpayment on tives] was just beautiful.’’ Pell grant money lets people step out the middle-class tax cut President They claimed—hold your horses of the market for jobs at a time when Obama promised this country. That here—to take inspiration from the it is highly stressed, train up, improve credit will reach 470,000 Rhode Island Taliban. They said their boycott of their skills, and move back in in better workers and families, giving as much President Obama’s bill was a political times. Isn’t that smart? Doesn’t that as $800 worth of breathing room in a shot in the arm going forward. make sense for the country? family’s budget in this year when every And their party leader said this: The PRESIDING OFFICER. The time little bit counts. You and I know that in the history of man- of the Senator has expired. I am also proud that the recovery bill kind and womankind, government—federal, Mr. WHITEHOUSE. I ask unanimous will provide a one-time $250 payment to state or local—has never created one job. consent to speak for 3 more minutes.

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.018 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2272 CONGRESSIONAL RECORD — SENATE February 13, 2009 The PRESIDING OFFICER. Without I hope—I hope—our Republican that will cause jobs to be either pro- objection, it is so ordered. friends will join us. There is too much duced or kept, that will produce spend- Mr. WHITEHOUSE. The health care at stake to do nothing. ing so there will be something for peo- spending will protect precarious State I thank the presiding officer, I thank ple to make and retailers to sell. After budgets and protect people’s health distinguished Senator from Texas for we have that stimulus, which we hope care as they ride out the storm. Isn’t her courtesy in yielding me additional would be in the private sector and that the decent thing to do as this time. therefore permanent, then we are going storm hits American families? I yield the floor. to have to deal with the deficit in years Another argument: ‘‘Some of it isn’t The PRESIDING OFFICER. The 3 through 10, so we don’t have an up- soon enough.’’ Well health information Chair recognizes the Senator from side down situation where we have so technology, for instance, will take a Texas. much debt that either our foreign in- while to ramp up, but it is necessary Mrs. HUTCHISON. Mr. President, I vestors will not buy our debt or, if they infrastructure to avert the $35 trillion rise to speak against the bill coming do, the risk is so high that they in- health care calamity now bearing down from the House shortly. We have had a crease the interest rate, which then be- on us. It has to be done sooner or later. chance to look at this bill for the last comes an inflationary problem. This is The recession will almost certainly be few hours. There is much in it that is not a stimulus package when 11 per- here 2 years from now, and if it does different from what passed the Senate. cent is spent in the first year. take a little while to do, isn’t that all Some of it is different from what Eighteen percent of this conference the more reason to start now? passed the House as well. report is dedicated to tax relief. I be- And then there are the—what I call I wish to address a few points that lieve tax relief has been proven again the ‘‘oh, please’’ arguments. The party have been made. It is somewhat mis- and again to spur the economy. Presi- that ran up nearly $8 trillion in debt leading to talk about the Republican dent Kennedy gave tax relief, and it under George Bush—now that Barack input in the way it is being described. spurred the economy and increased rev- Obama has been elected, and now in First, the bill was written without any enue. President Reagan, tax relief, and the one time of crisis when every re- Republican input. It was written in the it increased revenue. President Bush, spectable economist is saying this is House of Representatives by Demo- in 2001 and 2003, when we were having a the time for deficit spending—now sud- crats. There were no amendments al- rough time in the economy, the tax denly gets religion about deficit spend- lowed. The committees were not al- cuts gave us the largest increase in ing? If this weren’t so serious, it would lowed to exercise their jurisdiction on revenue in the history of America. practically be funny. the bill there. It came to the Senate. I People scoff at tax relief as part of a Finally this: If our opponents cared was on the Appropriations Committee stimulus package. How can they scoff, about jobs and putting people to work which passed the spending part of the when it has been proven again and quickly with effective, valuable infra- bill. Amendments were discouraged. again to work? In this conference re- structure, why such widespread opposi- The meeting lasted a couple hours. The port, 18 percent is tax relief. It is not tion to the $20 billion for school repair same thing happened on the Finance and construction? This money could even tax relief that will spur the econ- Committee, which is the tax part of the have put contractors to work on school omy. The tax relief is the Making Work bill. There were no amendments that repairs, green renovation, weatheriza- Pay Credit which is going to be ap- were hammered out. There was not an tion, and conservation measures. It proximately $7.65 per week in tax relief amendment process where we gave and would have made schools cleaner and for a worker. That is going to be lim- took. To say Republicans had a chance greener. It would have lowered local ited to $400 a worker. to have input is disingenuous. Speaking of what has been tested, fuel budgets, and it would have reduced I respect the President of the United last year, when we became concerned dependence on foreign oil. What does States for coming and talking to Re- opposition to that tell you? that the economy was beginning to lag, And what did they argue for? Here is publicans. He talked to the Republican we passed a $600 tax credit. Every econ- a golden oldie: Reduced corporate tax Senators and House Members. That is omist I have read says it did nothing. rates. How many companies do you good. There is nothing bad about that It did not spur the economy. It did not think are out there reporting big, tax- because he is a smart and civilized man help our financial situation at all. That able profits in this economy? whom we all respect. We want the was $600 per person last year. This is On even brief consideration, the Re- President to work with Congress as we going to be $400 per person, and it is publican arguments against the bill go forward. But talking should include going to be strung out in such small don’t hold water. It is instant replay of taking ideas and shaping them into amounts in a person’s paycheck, they the same, tired, flawed ideology that something on which we could all say are not going to go out and spend put us in this mess in the first place. we had a part. If I could support half money which is what you want in a Barack Obama did not ask for this this bill, I would be inclined to look at stimulus package. The stimulus pro- mess. He inherited this mess. Barack it in a way that maybe I would be able vides $1.10 a day in tax relief to work- Obama would rather have come into a to support. But let’s look at what this ers, while saddling every American budget surplus, a growing economy, bill is. family with $9,400 in added debt. and a trajectory to a debt-free Amer- It has a total cost of $787 billion. The The home buyer credit the Senate ica, like George Bush and Dick Cheney spending portion is $580 billion. With added, which tries to correct the funda- did. But that is not what they left him. interest, the cost of the bill is going to mental problem that started this whole And now he’s the guy who has to dig us be about a trillion dollars. I take the economic downturn—housing—is all out of their mess. In simple decency, cost of a trillion dollars, and borrowing but eliminated from the conference you would think the least one could that money from the future, very seri- committee report. We have an $8,000 ask is that the party whose President ously. We ought to spend some time be- credit for first-time home buyers. Now, made the mess not slap away Barack fore we spend $1 trillion in a bill that I support this because it will be some Obama’s hand of friendship. ‘‘I am is going to be off the budget and is not credit for a first-time home buyer to go sorry, but I won’t help you clean up my in any projected budget we have seen. out and buy a home. But the Senate mess unless you do it my way.’’ It is going to add almost $1 trillion to provision was $15,000 for any home After weeks to ventilate their argu- the deficit. Is it going to succeed? I buyer. So we had the capability to give ments, our friends now have an oppor- hope it does. But let’s talk about what every home buyer that $15,000 tax cred- tunity to show that when all is said is in the bill. it so we would move inventory and and done, they care more about moving Eleven percent of the spending in allow homebuilders to start building the country forward than scoring polit- this bill will occur this year. The pur- again, which would create jobs. That ical points. Now we have the chance to pose of a stimulus bill is to stimulate was changed in the conference report. come together and pass this bill and the economy quickly. We are talking The conference drastically reduced send to it President Obama’s desk so about almost $1 trillion and 11 percent the auto purchase deduction which we can begin to restore confidence and is spent this year. A stimulus bill would have spurred our struggling auto hope to our country. should inject money into the economy industry and provided relief to dealers

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.019 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2273 all across the country. I have a great Tax cuts that would spur hiring. It is where they will end. Fix housing sympathy for auto dealers. When we was sort of said on the other side that first. So what did the negotiators be- were taking up the automobile manu- we do not need corporate rate deduc- tween the House and the Senate do? facturing bailout, I was very concerned tions because no one is making a prof- Amazingly, Democratic leadership about not only the manufacturers but it. Well, let’s do something that would managed to remove one of the provi- also the dealers because the dealers allow corporations to make a profit be- sions that would really do some good could not help what was happening in cause that is when they hire people, and help address housing. Stripped the auto manufacturing industry. They when they are making a profit. from the conference report is Senator had nothing to do with the manufac- How about a tax credit for hiring ISAKSON’s home buyers tax credit ex- turing, but the dealers and the families people? That might make a difference. tension amendment. Expanding that who are supported by dealers were How about spending on infrastructure? successful tax credit program—we being hit again and again and again be- How about more than 17 percent of $1 know from the 1990s—would have ad- cause their buyers could not get credit trillion going for infrastructure? That dressed the source of our economic cri- and they could not buy cars. would be jobs today for people building sis—housing—and would help bring So we should have dealt in this bill bridges, building highways, building tentative homeowners back into the with housing and credit. Those are the things that would clearly be job cre- market. There are over 3.5 million two things that caused this financial ation. homes on the market right now and no downturn, and so I hoped the first I had an amendment which never buyers. Instead of including this provi- things we would deal with in this pack- made it to the floor that said that mili- sion, the conferees replaced it with age would be housing and credit, and I tary construction should be moved up more wasteful Government spending. hope eventually we will. from the Department of Defense 5-year They have used our last bullet. They The PRESIDING OFFICER. The Sen- plan to 3 years. Military construction have maxed out the Federal credit ator’s time has expired. is money we know we are going to card. Every drop has been taken out of Mrs. HUTCHISON. Mr. President, I spend. The Department of Defense has the well, and they have spent this one- ask unanimous consent for an addi- a 5-year plan. They know exactly what time money on expenses that will go on tional 10 minutes. their priorities are. We normally take and on—and that is the real problem— The PRESIDING OFFICER. Without it 1 year at a time. Why not take the 5- on and on with money we do not have objection, it is so ordered. year plan and bring it up and do it in for things we do not need. Mrs. HUTCHISON. Mr. President, 17 2 or 3 years? Because we know it would I have listened to the Democratic percent of the discretionary spending be American jobs. We know it is money leadership speak on this legislation in this package is for infrastructure we are going to spend anyway. It would over the past day or so and have been items. Now, infrastructure is what we be stimulative, and it would be the surprised as they described it as bipar- should be spending money on because right kind of spending. Instead, the tisan compromise legislation. I have infrastructure is jobs. Infrastructure is conference cut the military spending in been a Member of the Senate for 12 American jobs. In this bill, we do not this bill from what passed in the Sen- years, and in my experience, finding have enough in infrastructure spend- ate. The conference cut our military only three Members of the minority ing. spending for hospitals and for Vet- party to support legislation and only Mr. President, we should keep in erans’ Administration hospitals to in- involving them at the end of the proc- mind that the money in this bill isn’t crease the quality and access to health ess is not bipartisan. It is not bipar- temporary. There are concerns that it care for our veterans. What kind of pri- tisan in the slightest. will be permanent. It is likely that ority is that? And they are increasing I am disappointed that we have those funds will be extended well be- spending to save a mouse in San Fran- reached this point. When we first began yond the short window that we claim cisco that might be endangered. discussing this legislation, President to be acting in. And in that case, ac- This is not a package we can be Obama asked for change. He asked for cording to The Heritage Foundation, proud to give to the American people a bipartisan economic stimulus meas- the total cost of the bill comes to $3.27 and say: It is worth tightening our ure, something that could garner as trillion over 10 years. belts to do this because it will make a many as 80 votes. I wanted to see that This is not the bill we should be pass- difference. But we can be for some- as well. I wanted to see legislation that ing right now. This bill did not even thing. We do not say we should have both parties could support because the have the signature of one Republican everything we propose. There are other economic crisis we are in is not a par- on the conference committee. We do good ideas on the other side. We ac- tisan problem. Unfortunately, the leg- not expect to have dominated the con- knowledge that. But this is not the islation we have before us is partisan, ference committee or the Senate or the right bill for the American people, and and it reads like a list of bundled lib- House production of a bill, but to have I urge my colleagues to please consider eral priorities that could not gain sup- no Republican support cannot under their positions and let us do this right: port individually. How do I know? It is any circumstances be declared bipar- tax cuts to spur spending, tax cuts to a wish list that could not be passed for tisan. Mr. President, 3 Republicans out spur the opportunity for corporations the last 20 years because they could of the Republican contingent is just and businesses to hire people, spending not find the money. not bipartisan. on infrastructure, more in military Democratic leaders, even at the ex- Let me add, in a couple of minutes, construction. That would be a bill we clusion of other Democrats, wrote a what we are for. I am for stimulus. We could support. bill, brought it to the floor, and then all know we need stimulus. Mr. President, I thank you and yield negotiated with Republicans they I would like tax cuts that would spur the floor. thought they could pick off. Several spending, not tax cuts that would be The PRESIDING OFFICER. The saw what was happening and dropped dribbled out in such small amounts Chair recognizes the Senator from Wy- out. They picked three off by asking that no one would feel they could go oming. what it would take to get them to vote out and buy something. Tax cuts that Mr. ENZI. Thank you, Mr. President. for the Democratic bill and making a would spur spending would be in the Mr. President, I, too, want to speak few changes. It was not a bill made by form of a card, such as the converter about the conference committee re- both parties. box cards that were sent in the mail, port. I did not think it was possible, President Obama turned the drafting that would be for specific purposes— but after waiting until late last night of this bill over to the Speaker of the maybe it would be home improve- to finally receive the text of this tril- House and other Democratic leaders ments, maybe it would be weatheriza- lion-dollar economic bailout legisla- who did not consult Republicans and tion. Specific purposes would require tion, the Speaker of the House and the even said: We won the election, we get spending. It would be a card that peo- majority leader took a bad bill and to write the bill. Then the President ple would know they could spend, and made it worse. went out on the campaign trail to it would make a difference in jump- Fix housing first. The housing mar- stump for a plan crafted solely by starting the economy. ket is where the problems began, and it Democratic leaders in the House and

VerDate Nov 24 2008 23:42 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.021 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2274 CONGRESSIONAL RECORD — SENATE February 13, 2009 Senate. He complained that he reached I am not happy about deficit spend- agree on and throwing out what you out to Republicans but they did not ing in these bailouts. I realize some- can’t, until you have legislation that is reach back. Reaching out cannot just thing is wrong with our economy, and for and from both sides, from the be- be an afterthought. we need to take steps to fix it. I ginning. That didn’t happen here. The supporters are using the politics worked to create a bill that efficiently Talk is cheap, but the latest eco- of fear. Fear mongering adds to the used taxpayer money to improve the nomic bill pushed through by a major- problem. housing market and put people back to ity and three Republican Senators is I was not part of the initial ‘‘gang of work. The ‘‘compromise’’ we are forced not. And if this is the description of bi- eight’’ Republican Senators who were to take or leave is so far off the mark partisan support, then the House, with handpicked to work with Senator BEN and full of pork that it is obscene. I every Republican and 11 Democrats NELSON and the majority leader on a will not support spending money we do voting no, must be bipartisan opposi- ‘‘compromise’’ ‘‘stimulus’’ bill. I would not have for projects we do not need. I tion. This legislation is the single most note, however, that five of the eight will support legitimate efforts put for- expensive bill in the history of the Republicans quickly saw how super- ward by either party that could help United States and it is being sold to ficial the compromise was going and our country out of this economic mess. the American people as a ‘‘com- bowed out. I have been very critical of this bill promise.’’ Buyer beware. I nevertheless offered and supported and other bailout bills passed last year, Mr. President, I reserve the balance ways to improve the bill that was put and time is showing I made the right of the time, I yield the floor, and I sug- forward by some of my colleagues. I am decisions opposing those bailouts. I gest the absence of a quorum and ask not just talking about amendments would support an economic stimulus that the time be equally divided. you saw on the floor that would reduce package if only it lived up to the Presi- The PRESIDING OFFICER. Without the price. Those were simply efforts to dent’s own threshold of being targeted, objection, it is so ordered. salvage something out of the wreck. I timely, and temporary. I am leery of The clerk will call the roll. suggested removing a number of things spending one-time money on programs The assistant legislative clerk pro- that did not make sense—policies that will have to continue. These will ceeded to call the roll. backed by Republicans and policies be continuing payments on our maxed- Mr. DODD. Mr. President, I ask unan- backed by Democrats. I always recog- out credit card. But this bill does not imous consent that the order for the nize that both sides have to have fit with the President’s words, and quorum call be rescinded. things left out to be fair. I also backed Democratic leadership has made no The PRESIDING OFFICER. Without moving the bill forward in several un- real effort to make it conform. objection, it is so ordered. derstandable pieces so we could bring This bill is both bad in content and Mr. DODD. Mr. President, I rise this the American public along. in process. It includes wasteful spend- afternoon to speak about the agree- I offered amendments that sought to ing, including $2 billion for groups like ment that was reached a day or so ago improve several parts of the bill, in- ACORN and $1.3 billion for Amtrak. by conferees on the American Recovery cluding a change that would make sure Funding that was stripped from the and Reinvestment Act and the inclu- the billions of taxpayer dollars spent to Senate version for sexually trans- sion of two priorities of mine in par- pay for health information technology mitted disease prevention was included ticular. would go toward items that will actu- in the conference report. Before I give the substance of my really work in the real world. This was a As is typical in Washington, pro- marks, let me commend the leadership real bipartisan effort which enjoyed grams that were Members’ pet projects of the Senate and the House as well as broad support among both Republicans saw ridiculous increases in the con- the Members on both sides of the so- and Democrats. In fact, I did get an ference. The Senate bill provided $2 bil- called political divide in this Chamber amendment adopted that was just tech- lion for the High-Speed Rail Corridor and elsewhere who helped put this to- nical changes, and that was difficult to Program. The House bill included no gether. I know there were many who do. I think it has been ripped out now funding for the program. How did we obviously did not want this bill to pass too. But the bill will not work without compromise that? How much did the and who have spoken against it. Most, those. conference provide? It provided $8 bil- I believe, feel that inaction is unac- Unfortunately, it, along with my ef- lion. This is compromise according to ceptable. We may have significant dis- forts to try to protect patients from Congress. Both the House and the Sen- agreements about what should have Government bureaucrats rationing ate version of the bill included $200 been included in this package—whether their access to health care, was largely million for ‘‘Transportation Elec- it is stimulative enough; whether the ignored. As a result, I have strong con- trification’’—both bills, House and Sen- size of the package itself will provide cerns that this stimulus bill will likely ate—$200 million for transportation the necessary jolt to our economy to backfire on patients and providers, re- electrification. Logically, one would have us moving in a better direction sulting in more harm than any good we then expect that the conference would than the one we are obviously in. I hap- are likely to see from its ill-conceived provide $200 million, but logic flies out pen to believe we are doing the right and misguided efforts. the window around here when you thing by doing this. I don’t take any We are going to do health care re- come inside the beltway. The con- great joy or pleasure in the fact we are form this year. Partisan pieces do not ference provided $400 million—double doing it, any more than I did when we have to be rushed through as ‘‘stim- what either body suggested. had the vote last fall on the emergency ulus.’’ We do not have to legislate on a I know how to do more than talk economic stabilization effort. That was spending bill. about bipartisanship. I have built a ca- no great moment of joy either. This massive bill contains short-term reer on it without compromising my Normally when we pass legislation, and long-term spending, and I advo- principles. Take a closer look and we we are directly helping some group or cated moving forward with the short- will see bipartisan isn’t about com- helping the country in some way. term spending immediately. I advo- promise; it is about establishing com- These efforts obviously help, but they cated for addressing the housing crisis mon ground and finding a third way. help us get out of a mess we are in, one and the jobs crisis right now. I sug- First you sit down together with prin- that, in my view, could have been gested that after we dealt with those ciples each side can agree on. That is avoided. This was not a natural dis- pieces of legislation, we should work probably about 80 percent of any issue. aster that occurred in our country; this together on the long-term items, not Then you identify the 20 percent you was a manmade disaster—inattention, jam them in with no time for debate. were never able to agree on and either misfeasance, malfeasance that allowed Some of those items in this bill are im- leave that out or preferably find a new this country to watch the greatest portant, but they should be dealt with way both sides can agree on—one that economy in the history of mankind in a separate measure going through hasn’t already been down in the weeds evaporate in the pockets of many over- the normal legislative process where and washed for years and years. After night. Job losses—20,000 a day—with we can have the time for real debate you have the principles, you work on our fellow citizens finding themselves about our Nation’s priorities. the details, keeping what you can without an income. Nine thousand to

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You ought to have at least four their lives in some peace and comfort These are people who either didn’t have people in a rig when going out to deal and security, knowing they can take coverage—most had coverage, but with these fires and problems they care of themselves and their loved ones couldn’t afford the 42-percent increase have to face. Those numbers are dwin- as they step out of the workforce and in premiums they have seen in the last dling. This bill provides assistance and enjoy a well-deserved period of retire- 6 years. support for first responders. I am ment, are now in jeopardy. People may Then, last Saturday at Western Con- pleased to say that is the case. have to stay at work, if they can find necticut State University at 2:30 on a We included $8.8 billion in stabiliza- work, at an older age in our country. Saturday afternoon—not exactly, tion funds to States to provide for pub- So while I am pleased this bill is again, an optimum time for a townhall lic safety and other critical services. going through and pleased that my meeting—500 people showed up to ex- That was a change—a welcome one. State will be the beneficiary of some press their views and to listen to some Across our State, from city to town, help at this particular hour, I don’t professionals in the field talk about communities faced with budget deficits take any great pleasure in this mo- what they thought ought to be in- are crunching the numbers to maintain ment at all; quite the contrary. It sad- cluded in a comprehensive universal critical education, police, firefighter dens me that it has come to this. So health care program, one I hope that jobs, and services. with that as a framework, I wish to will be charting a course and moving In East Hartford, CT, the town was share some thoughts about what is in forward very quickly. I know my great forced to lay off 8 municipal employees this bill and why I think it can be of friend from Montana, the chairman of and eliminate 11 positions that were some help to get us moving in the right the Finance Committee, MAX BAUCUS, vacant or will be vacant because of re- direction. is already deeply involved. Senator tirements—including firefighters and Most Americans I think are aware TED KENNEDY has been a champion of police officers. now that our economy has been in a re- this issue for decades. While he is The city of Stamford was counting cession for the last 14 months or so and struggling with his own health issues, on $500,000 in State assistance that was has impacted every State differently. he is on the phone every day, talking eliminated in the State budget in the My State of Connecticut is no excep- to everybody, and he wants his com- last several days for the city’s $16 mil- tion. While the effects of the recession mittee to be deeply involved in this ef- lion overhaul of their police and fire took a bit longer to hit my State than fort as well. radio systems, and that interoper- others, economists believe Connecticut But in the midst of it, until that gets ability will get help. may take longer to recover for a vari- done, more and more people—the 20,000 The communities of Farmington and ety of unique reasons, including the a day who lose their jobs—if they had Colchester are trying to replace dec- kinds of jobs we provide and the like. health care are losing that as well. So ade-old fire engines. We have lost about 125,000 jobs in my the fact that we are providing $26 bil- These stabilization funds will help State. Close to 20,000 homes have been lion to help out unemployed workers at communities in my State, and others foreclosed on. One of my cities alone, a time such as this, I think most Amer- across the country, to prevent layoffs the city of Bridgeport, has had 1,100 icans—most; not all, but most Ameri- of first responders, firefighters and po- cans—would say that is the right thing foreclosures—one city, 1,100 fore- lice officers, which are so critical to for our country to do for hard-working closures. That means our efforts to get the well-being of our communities. people who, through no fault of their our economy moving in this bill are Our communities’ safety must not own, may find themselves on an unem- going to be important to families all get left behind during this economic ployment line today, tomorrow, or across the country, and certainly my downturn. While the comprehensive next week, to know of the fear and State is no exception. economic recovery package before us We are addressing many priorities fright that you may have a health care today will provide critical support for a with this economic recovery package, crisis with you or your family and all broad range of additional needs, there of a sudden don’t have the capacity to providing urgent help to communities are three issues I want to focus on deal with it. who are struggling in the midst of this today. These people didn’t lose their jobs be- First, I wish to highlight an amend- recession while making a downpay- cause of something they did wrong and ment I authored to restrict executive ment on long-term needs as the new should not be put in a position where compensation and bonuses. I have to President, President Obama, has ar- their ability to take care of their fami- thank the majority leader, his staff, ticulated in Indiana, in Florida, and in lies regarding their health care needs Illinois, where he has spoken in town- will be disregarded. and others, for making its inclusion a hall meetings about this over the last To ensure that people have safe, af- priority. On executive compensation, several days, as he did in his first na- fordable shelter during these tough let me say that when the American tionally televised press conference. At economic times, there is a $4 billion people wake up in the morning and see a time when layoffs are increasing the downpayment on an estimated $30 bil- some institution just received billions rolls of the uninsured, this bill provides lion backlog for capital repair needs in of dollars and you have a headline that $24 billion in health care premium as- public housing. A lot of people are fall- 700 employees received income in ex- sistance to 7 million unemployed working behind out there. That will put peo- cess of a million dollars, people ask ers. I can’t begin to tell my colleagues ple to work, and that is the major goal themselves: What are you thinking of? how important that is. here. The idea that we continue to pour I have held two townhall meetings in As we see families struggling to billions of dollars into institutions my State in the last two weeks on make ends meet, I am proud and that are still awarding their employees health care. I had one at 8:30 on a Mon- pleased that people in Connecticut will massive amounts of income is infuri- day morning, which is a dreadful time receive over a billion dollars in Med- ating—and that hardly describes the to hold a townhall meeting, obviously. icaid assistance. Every State in the reaction of the American people. This We anticipated maybe 75 people might country and every Governor has asked is about trying to save an economy in show up at the small community col- for assistance in this area. We have a our country, with 20,000 people losing lege on the banks of the Connecticut program called the HUSKY Program— their jobs every day. I promise you River outside of Hartford. Well, 700 our Medicaid Program. It is strongly that the overwhelming majority of people showed up at 8:30 in the morning supported across the political spec- these people are making nothing like a to talk about health care and to talk trum. This assistance will help out in million dollars a year or $500,000 a about what they are going through. that area. year. They are earning $40,000, 50,000 to The discussion was supposed to be I am glad we were able to include as- raise a family of four. When they see about coverage. Specifically, we had sistance for our fire first responders. their tax dollars going out the door and

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Because of this bill, we now will MARTINEZ had a very good idea that do more because the economy needs as- provide far more safeguards than exist was adopted unanimously, and it had sistance. The American public really today—measuring whether executive no cost of any measurable amount. I reacts to this. compensation plans pose risk to the fi- don’t understand why it was taken out, If you have hope of convincing the nancial health of the company and pre- but it is gone. That will create prob- public we are on the right track—I see venting the manipulation of earnings lems in terms of addressing the fore- my colleague from Alaska, and I know reports. closure issue. Clearly, we wanted the she has time constraints. The President told the world a few $50 billion used for foreclosure preven- I am digressing from the text, but, weeks ago that a new era of responsi- tion. again, I find it incredible that people bility had begun—it is time our execu- In 2001, this body approved $1.3 tril- are calling up and bellowing about this, tives in those companies understood lion in tax cuts at a time when unem- how upset they are that we have asked that message. ployment was 4 percent and our econ- for some constraints in this area. Do The second issue I wish to discuss is omy was in fairly good shape. Today, they have any idea what is going on? I transit. The bill dedicates some $8.4 with an unemployment rate of 7.6 per- am mesmerized that people are calling billion to transit issues. Connecticut cent and headed upward and as many up and bellowing because somehow alone will receive $137 million, which as 8 million foreclosures potentially on they are going to be asked to be re- will meet many important needs, re- the horizon, we are dedicating $800 bil- strained from providing these exorbi- ducing congestion in our State. Route lion to jump-starting our economy. tant incomes for some people. 95 through Connecticut and other arte- Meanwhile, nearly 10,000 families enter This country is hurting. This is the ries of transport are under tremendous into foreclosure every day, as I men- deepest financial crisis we have had in congestion. Transit assistance and sup- tioned earlier. In December alone, many years in America, and they are port is long overdue. This bill provides there were 2,000 foreclosures in Con- worried about their pay. Our system of that needed assistance. necticut. Other States, such as Cali- economy is at risk these days, and we The American Public Transit Asso- fornia, Arizona, Nevada, and Florida, will be judged by history as to whether ciation has said that $48 billion worth have many more than we do. Eight mil- we can respond intelligently to it. To of transit projects are to be completed lion homes are underwater, with mort- be preoccupied over whether someone over the next 2 years; therefore, jobs gages that exceed the value of their is going to get a bonus of—whatever it will be created, putting people back to homes. is, is misplaced energy and attention. work. That is valuable not only in the Perhaps the most important step we It is stunning that the very people in short term but for the long-term eco- could have taken in this bill is to re- the communities who are directly in- nomic growth in investments for tran- quire Treasury to spend some of the volved in this and the conception are sit. That is not only about being shov- TARP money Congress previously re- the ones calling about that issue. el-ready, it is also future ready. Rider- leased to modify home loans. By pro- The stories we have seen in recent ship is already at record levels. Traffic viding the Treasury with the authority weeks about CEOs giving themselves congestion in metropolitan areas is and funds in this bill to design and im- bonuses and spa vacations on the tax- getting worse, and our population is plement a loan modification program payer dime after they have been res- going to grow by another 50 percent by in consultation with FDIC, HUD, and cued by the taxpayer infuriate the pub- 2050. the Federal Reserve, we could have en- lic, and they ought to. I am pleased that the legislation insured we would help nearly 2 million Families in Connecticut have lost ev- cludes $100 million to establish and im- families. erything as a result of this financial plement a program to provide assist- Some 16,000 families in my State of crisis. They don’t have jobs, health ance to transit agencies to become Connecticut would have avoided losing care, their retirement, and they may more energy efficient as well. This is a their home, moving them out of these have lost their homes. When they hear very important part of this bill. There unaffordable, exploding and often pred- about the complaints coming out of are a number of other provisions that atory mortgages that are strangling these towers of financial success— provide that kind of assistance. our economy and into mortgages they about pay cuts—after all these people Public transit saves over 4 billion can afford. have gone through, they deserve better gallons of gasoline annually and re- While I am disappointed we didn’t than having to put up with the behav- duces carbon emissions by some 37 mil- codify this requirement into law, I am ior from some of the most fortunate lion metric tons a year—that is the pleased that the Treasury Secretary among us, who have made many of the equivalent to the electricity used by has pledged to dedicate at least $50 bil- decisions that got us into this crisis. almost 5 million households. The need lion to preventing foreclosures—and I I have said again and again that if to repair our highways, roads and believe that is in no small part due to your institution is receiving funds bridges is obvious, and I am pleased the the strong support this body expressed through TARP and at the same time bill includes $302 million in highway for this amendment last week. paying out lucrative bonuses, we funds for my State of Connecticut. Quite frankly, that is a step which should look at every possible legal But the most effective way to reduce should have been taken months ago in means to have that money come back congestion is to provide transportation the previous administration. There was and ban the practice outright for high- options that take cars off the road. In- no interest in it despite the fact that paid executives going forward. vesting in transit creates jobs, it ad- expert after expert warned that unless As a result of the inclusion of this dresses climate change and reduces our you get to the bottom of the residen- language in the legislation, it will pro- dependence on foreign oil, and makes tial mortgage market, the economic hibit bonuses to the 25 most highly our economy competitive in the 21st crisis will persist. They are right. I paid employees of the large companies century. hope we will see a change in direction that receive TARP funding—and se- Third is an area where I think we fell and resources committed to the under- verely limit other performance-based short in this bill—the failure to include lying problem of our economic issues. bonuses as well. It will empower the the amendment I offered with Senator While we will hold this administra- Treasury Secretary to get back bo- MARTINEZ of Florida, which would re- tion’s feet to the fire, I believe they nuses or compensation paid to an exec- quire the administration to use $50 bil- recognize that unless we act now to utive at these companies based on false lion of the TARP money to attack the stop foreclosures and put a tourniquet earnings reports or anything else later root cause of the economic crisis: fore- on the crisis, the hemorrhaging will found to be materially inaccurate or closure. It would have gone a long way get worse—the number of layoffs will misrepresentative of what was occur- toward dealing with the safe harbor so increase, more businesses will shutter

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.024 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2277 their doors, and more Americans will afternoon to speak to some of the rea- another aspect of the bill. This is an suffer. sons why I was unable and why I will area where millions of new jobs are With this bill, we begin to get our be unwilling to support the conference promised, and that is in the area of en- economy moving again. This is not a report when it comes before us later. ergy. There is absolutely no doubt we moment of great joy, as I said. We My principal concern in voting must facilitate the development of re- should not have had to have been in against the Senate measure at the time newable resources, increase our energy this moment to talk about this, but we was the scope of the spending. It is not efficiency, and pursue the many inno- are here. While I know many have said just the scope of what we have in front vative solutions to the challenges we they are going to vote against this, I of us with this particular bill, this face when it comes to how we consume, think they bear a responsibility of hav- package of $790 billion. There was an how we use, and how we create energy. ing offered some alternative ideas be- article in the Washington Post on I am not satisfied with the energy cause just saying no is not enough, in Wednesday that had a chart that out- provisions that are contained in this my view. That is the conclusion of al- lined all of what we have been spending measure. I am not satisfied that they most every economist who has ana- in the past year. are timely, that they are targeted, and lyzed this issue over the last number of The header is: ‘‘It Adds Up.’’ ‘‘The that they are temporary. By adopting weeks and months. Federal Government has committed at this conference report, we are missing Again, I commend the efforts of Sen- least $7.8 trillion in loans, investments, out on some significant opportunities ator REID, the majority leader, NANCY in guarantees since the beginning of that could revive our economy and im- PELOSI, and the efforts made by SUSAN 2008.’’ The funding coming from the prove our energy security at little or, COLLINS and OLYMPIA SNOWE and Federal Reserve is at $3.8 trillion; from hopefully, no cost to our taxpayers. When it comes to criticisms, there is ARLEN SPECTER, who have agreed to the FDIC, $1.22 trillion; from the Treas- work with us and come up with this ury, this includes the TARP moneys we plenty of room to be critical. One of package. We would not be at this point authorized back in October, $771 bil- my first criticisms this afternoon is without them. I appreciate their ef- lion; the joint programs that include not necessarily the items that are included in the stimulus but perhaps forts. the guarantees of Bank of America and Lastly, some of my colleagues are Citigroup, $419 billion; and then in the some of the items that were left out. Simply put, this package makes no ef- concerned that some of their amend- ‘‘Other’’ category, it includes not only fort to increase domestic production of ments were dropped as well. Senator the programs Fannie and Freddie at our traditional resources, such as oil SESSIONS mentioned one, the E-Verify $200 billion, but then at the bottom we and natural gas. What we have done is Program. E-Verify is currently author- have the Senate bill for the current focused on the new technologies, to the ized through March. When we take up stimulus package at that time coming total exclusion of those tried-and-true the omnibus spending bill in 2 weeks, I in at $838 billion. technologies. I think this creates this am told it will include a provision to It is almost inconceivable what we false dilemma. It says clean energy is extend that until September 30, 2009. are talking about in terms of the out- the only viable option for energy devel- This is a program that, when fully lays we are putting forward. opment and job creation when, in fact, funded, will be operational for hires The cost of this stimulus package be- it might not be the most effective op- funded by the stimulus bill for compa- fore us, as everyone in America knows, tion at this time when we are trying to is $790 billion, but when we account for nies participating in the program. pursue jobs and get the country strong I see my friend and colleague from the interest, which we need to do—that again. Alaska, who I know wants to express is part of the bill—the cost increases to Consider the benefits that could be her thoughts on this. more than $1 trillion; it is about $1.2 brought about by greater production of I thank those who put this together. trillion. So add this in to the outline of oil and gas in this country. One recent We need to get back on our feet again. what I have laid out, and the cost to study outlines that the full develop- Obviously, unleashing the clogged-up America is considerable. ment of domestic oil and gas resources credit market is a critical issue, but Where do we get this money? From could generate up to $1.7 trillion in rev- also providing that jolt this stimulus where do we get it? We don’t just tell enues for the Federal Government and package will provide is also necessary the Treasury to turn the printing create as many as 161,000 new jobs by if we are going to complete the effort presses on full bore: let’s go, let’s print 2030. to do what we can to improve the eco- the money. No, we have to borrow. We The revenues from the production nomic conditions in our country. For sell Treasury bills. We sell debt. Who could be used to provide a tremendous those reasons, I will be supportive of buys it? People such as the Chinese and downpayment on the long-term the bill. others from outside this country. strength and security of our Nation. In- I yield the floor. It is not just cranking up the presses stead, as a result of what we will be The PRESIDING OFFICER. The and printing more money. We will be doing today, American taxpayers are Chair recognizes the Senator from paying for this legislation. My children ultimately going to be paying $1.2 tril- Alaska. will be paying for it. We have a respon- lion because of the decisions we are Ms. MURKOWSKI. Mr. President, I sibility to make sure what we spend is making. wish to acknowledge the remarks of spent wisely. Setting aside my concerns about the my colleague from Connecticut and The focus of this stimulus, of course, priorities, it is very uncertain the thank him for his efforts to focus on is the job creation. Even if it actually funds that are provided by this bill can the housing issues that face this Na- creates the 4 million jobs the White be spent in a rational and cost-effec- tion right now. As he has mentioned, if House once promised, then those jobs, tive way. Perhaps the best example of we are not able to get to the root if you piece it all out—do the math— this is within the Department of En- cause, which is the housing debacle and these jobs come at a cost of about ergy. It is set to receive roughly $45 the failures we have seen, all our good $300,000 apiece. What we are seeing now billion in the conference report we are efforts may not be successful. is probably not 4 million jobs. Even the looking at now. DOE’s total budget for I thank him for his efforts in that re- most optimistic economists are now es- fiscal year 2008 was $24 billion. Assum- gard. I know we will continue working timating what we are looking at would ing the Department receives similar on this issue together with the admin- create or save less than 2.5 million funding through fiscal year 2009 appro- istration. It is essential we focus on jobs. priations—and we are going to be de- the housing piece. I noted the comments of the Senator bating that after this recess break— Later this afternoon or this evening, from Connecticut about the need to fix DOE will receive almost triple its his- we are going to be voting on the con- housing first, and I strongly agree with toric level of funding in less than 3 ference report to accompany the Amer- that approach. But this afternoon, I months. What we have is an unprece- ican Recovery and Reinvestment Act. I wish to speak to another issue. dented level of spending within the De- was one of those 37 Senators who voted As the ranking member of the Com- partment. against this bill earlier this week. I mittee on Energy and Natural Re- CBO is concerned about how we spend would like to take a few minutes this sources, I wish to spend some time on this out as well. They determined the

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These facts underscore the need coauthors, including house liberals who such a short period. for something to be done to strengthen saw a rare opportunity to secure new The question then needs to be asked: our economy. So we are all in agree- social spending.’’ And take advantage Will this level of funding become the ment on that basic premise. of that opportunity they did indeed. new baseline for the Department? If it There is a great deal of good will out It now appears the majority leader- does, we will have significantly ex- there in the country for our new Presi- ship in the House and Senate have panded Federal spending at a time of dent. I commend President Obama for taken a bad bill and made it worse. unprecedented Federal deficits. If it making the economy his main focus. I Two popular items, one Republican and does not become part of the baseline, also commend him for publicly stating one Democratic, added to the Senate then that crashing sound we will hear Democrats do not have a monopoly on bill on the floor have been dropped is going to be the gears that are grind- good ideas. The President said: Repub- from the final version and replaced ing back down as funding returns to licans have good ideas also. And he with weaker alternatives that are less normal. I suggest such wild swings in wanted to include them in his stimulus likely to work to stimulate home sales funding are disruptive and one of the plan. and automobile sales. The first is the Isakson amendment, most ineffective ways to spend our tax- That is not what happened when which was so widely agreed upon in payers’ dollars. House Democrats met behind closed this Chamber that it was approved by a The stimulus, by giving Government doors several days ago to write this voice vote. It went right to the housing agencies completely unprecedented bill. It is not what has happened problem. It would have provided a amounts of money for sometimes non- throughout the process. $15,000 tax credit to all home buyers, a existent programs, also sets up near Republicans responded to the Presi- concept which has worked in the past. perfect conditions for waste, fraud, and dent’s call. We came forward. We came Yet the final conference report before abuse. This is exactly what the Amer- to this floor. We talked to our con- us reverts back to the House-passed ican taxpayers do not want to see. For stituents back home. We stood before proposal, providing much less money— example, $3.2 billion is provided for every television camera that would an $8,000 credit—and limiting the pro- block grant programs for energy effi- film us. We talked with every jour- vision to first-time home buyers. We nalist we could find. We have discussed ciency. The conference report provides need to encourage home buying by our ideas with the American people. $400 million for a competitive grant every American who is creditworthy, system that does not currently exist We presented ideas that I believe could have turned this economy and this provision doesn’t get the job and for which there is no administra- done. around. Our ideas focused, first, on get- tive process. The Mikulski amendment, offered by ting the housing market out of the gut- The PRESIDING OFFICER. The Sen- our Democratic colleague from Mary- ator has used 10 minutes. ter. The housing problem is what got land, also had wide bipartisan support. Ms. MURKOWSKI. I ask unanimous us where we currently are, and it It passed this Chamber by a vote of 71 consent for an additional 1 minute. should be where we begin in turning to 26. It has been dropped in favor of a The PRESIDING OFFICER. Without our economy around. weakened alternative. The plan now al- objection, it is so ordered. Also, we proposed real tax relief for lows new car buyers to deduct from Ms. MURKOWSKI. Mr. President, America’s working people and for those their Federal taxes the sales tax they making matters worse, it provides an people who create over half the jobs in paid on a new car. But the Mikulski additional $3.1 billion to State energy this country, our Nation’s small busi- provision that would have also allowed programs but imposes conditions on re- nesses. them to deduct interest on their car ceiving funds that are currently met by Additionally, our plan called for tar- loans was stripped. The Mikulski only a handful of States. geted infrastructure investments with amendment would have helped strug- Another example I wish to leave you clear economic development purposes, gling U.S. automakers and auto dealers with is the smart grid. We agree this is in addition to putting an emphasis on get buyers in the showrooms, it would very important. There is $4.5 billion for legitimate Government priorities, such have helped move cars off their lots, the smart grid. This was authorized at as early investment in military equip- and helped protect the endangered $100 million in the 2007 Energy bill. It ment and facilities, items we know will automobile industry jobs. Like the has received zero funding to date. Is it be funded in the future but would cre- Isakson amendment, it was unfortu- possible to expect we can ramp up to ate increased jobs quickly if we focused nately removed from this final pack- $4.5 billion in 2 years in a rational way? on them now. age. We don’t even have the standards in Just as importantly, the Republican So while the conferees tinkered place for the interoperability frame- idea I supported would have stimulated around the edges—making the bill work. our economy at half the cost of the worse in some ways—we stand here I don’t think the American taxpayer plan we are considering today, and that today debating a bill that will add over is concerned so much about how much is not just my opinion, that is the opin- $1 trillion to the national credit card. I we spend, so long as we do it respon- ion of a lot of very well-considered have said it before in this debate, and sibly and with accountability. Democrats in this town. I will say it one more time: A trillion The PRESIDING OFFICER. The Sen- Three days ago, the Senate cast one dollars is a terrible thing to waste. But ator’s time has expired. of the most expensive votes in the his- that is exactly what this bill does. This Ms. MURKOWSKI. My concern is we tory of the United States of America. bill is full of bad decisions that will have not done this with this stimulus That $835 billion bill, which actually take Americans decades to pay for. package. costs $1.2 trillion-plus when we add the Much has been made during this de- I yield the floor. cost of interest, has been given, at bate—by me and by many of my col- The PRESIDING OFFICER. The best, a small haircut. The bill before us leagues—about how much $1 trillion is, Chair recognizes the Senator from Mis- is being presented to the American peo- and I think we have established well sissippi. ple today at a cost of $789 billion, still that this is a staggering amount of Mr. WICKER. Mr. President, as Mem- in the neighborhood of $1.1 trillion to money. Again, this is the most expen- bers can see from the debate we have $1.2 trillion, when one adds the cost of sive piece of legislation ever passed in had today and throughout the past cou- debt service. the history of our Republic. ple weeks, almost everyone in this Sen- In order to reach the current number, Last September, Congress approved ate and in the House of Representa- this so-called compromise cut much of the $700 billion Wall Street bailout.

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.028 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2279 That came on top of approximately longed the Great Depression. By seek- a lot of Americans. A lot of Americans $200-plus billion earlier in the year in ing to balance the budget in the face of have called in expressing their opin- the form of rebate checks. I think the economic decline, our leaders only ions, sent thousands of e-mails and let- American people have the right to ask: worsened that decline. ters. If my colleagues’ offices are any- of that $200 billion and then the $700 President Kennedy’s adage about ac- thing like mine, mine have been 80 to billion—and that is almost $1 trillion tion applies as well again to the eco- 90 percent against this bill. right there, and certainly more than $1 nomic policies of our time. Yes, there Folks are saying: Slow down. Let’s trillion when you add the debt service, are risks and costs to the bold program see what is in it. We know about unin- as I have already pointed out—what did of action we recommend today. But tended consequences. Let’s not spend we get? What did the taxpayers, the those risks are far less than the long- all this money unless we know what we American public, get for that unbeliev- range risks and costs of failing to act are doing. Folks have expressed con- able expenditure of taxpayer funds last forcefully. cern that we seem, as politicians for year? A worsened economy is what we Since this recession began, 3.6 mil- the last 2 years, to have been talking have gotten. We certainly didn’t get lion Americans have already lost their down the economy—holding press con- the economic boost that was promised. jobs, and job loss is accelerating. In ferences in the very worst areas of our In an editorial yesterday in the Wall each of the last 3 months, more than country and saying this is what is hap- Street Journal, it was noted that the half a million American workers lost pening everywhere, and every day say- Congressional Budget Office estimates their jobs. Economists warn that the ing it is going to get worse, it is going the 2009 deficit will reach 8.3 percent of worst is yet to come. to get worse. What businessman would the economy—a number that does not Last month, before the latest bad expand his business, or what business- include the stimulus or the TARP bail- news, the Congressional Budget Of- woman would go out and invest her life out funds. We know that after this is fice—a nonpartisan professional orga- savings to start a new business if what enacted—and it does appear that the nization—said: they were hearing from Washington proponents of this conference report Under an assumption that current laws and every day is: It is terrible; it is going have the votes to move it to the Presi- policies regarding Federal spending and tax- to get worse. I am afraid we have done dent’s desk—another very expensive fi- ation remain the same, CBO forecasts . . . an our part in creating a bad economy. nancial package will be forthcoming unemployment rate that will exceed 9 per- Clearly, there is a difference in phi- from the administration in a matter of cent early in the year 2010. losophy, and I have to respect what the days. So what does this mean for peo- Those are the costs of inaction. The President and the Democratic majority ple across America? Each household costs of inaction will be paid with mil- have said: They won the election, they now owes more than $100,000 to pay for lions—millions—more lost jobs. The get to do it their way now. But I think the debt we already have, not including costs of inaction will be paid by the some of us believe—and if you look at the additional debt that is coming. heartache of millions of families history, there are a lot of facts behind Senators need to ask themselves, plunged into economic hardship. us—that when the economy slows down when is enough enough? When will we And so, with the leadership of our and there is a need to get more money begin making hard choices? new President, we have sought to act in the economy, the fastest and The PRESIDING OFFICER. The Sen- forcefully. We have put together this quickest way to do it is to stop taking ator has used 10 minutes. $787 billion package designed to help so much out in taxes. Some say on the Mr. WICKER. Mr. President, I ask bring our economy back. We have as- other side: Well, tax cuts are an old unanimous consent to consume about sembled this package, designed to cre- idea. But tax cuts are related to indi- 30 seconds more. ate and save jobs. vidual freedom, people making their The PRESIDING OFFICER. Without The day before yesterday, the Con- own decisions about how money is in- objection, it is so ordered. gressional Budget Office said it will vested; leaving profits in the hands of Mr. WICKER. We need to ask our- work. The Congressional Budget Of- thousands of small businesses so they selves in the Senate: When is enough fice—again, a nonpartisan professional can use that money to hire people and enough? When will we begin making organization—said: grow their businesses. Because that is hard choices between what will truly The legislation would increase employ- where all the jobs are created. work to stimulate this economy and ment by . . . 1.2 million to 3.6 million by the Government doesn’t create jobs. It what we wish to have but which will fourth quarter of 2010. may hire someone, but they have to not work to get the job done? That is an objective observation done take that money to pay that person Americans expect us to get this right by professional analysts. The adminis- from the private sector, from busi- and to take the time necessary to tration agrees. The administration nesses that are actually creating the make sure we get this right. This bill projects the legislation before us will wealth. fails to hit that mark. I will vote no create or save 31⁄2 million jobs. We have talked about so much data because we simply cannot afford again That is what this debate is about. It in this very short debate. People have to make a mistake of this magnitude. is about creating or saving millions of talked about the Great Depression. It Mr. President, I yield the floor. jobs. It is about acting forcefully to is pretty clear that we tried getting The PRESIDING OFFICER. Who avoid yet more hardship. It is about out of the Great Depression for about yields time? The Senator from Mon- avoiding the far greater risks and costs 10 years by spending and adding new tana. of comfortable inaction. government programs, and it didn’t Mr. BAUCUS. Mr. President, Presi- The history of the 1920s and 1930s work. In the 1960s, though, the econ- dent John F. Kennedy said: teaches us what we must do. The his- omy grew after President Kennedy cut There are risks and costs to a program of tory of the Great Depression teaches us taxes. Our economy sagged again dur- action. But they are far less than the long- the costs of delay. This recession is the ing the big spending days of Lyndon range risks and costs of comfortable inac- economic test of our generation. Re- Johnson. In the 1970s, we tried to get tion. sponding to it with forceful action is out of a recession, or grow our econ- President Kennedy’s observation ap- our duty. Let us not be found wanting. omy, with heavy spending and new gov- plied well to the economic policies of So let us not find comfort in ‘‘no’’ ernment programs and huge deficits the late 1920s and 1930s. When we look votes and the blocking of action. Rath- and ended up in recession again. The back at the late 1920s and early 1930s, er, let us rise to the challenge of our 1980s were the boom years, when we wonder what our leaders must have generation and let us finally send this Reagan and Margaret Thatcher and been thinking. With the benefit of jobs bill to the President’s desk to be- others around the world realized that hindsight, we see that they should have come law. freedom does work. Free markets do acted more forcefully. We see they Mr. President, I yield the floor. create prosperity. should have used the tools of govern- The PRESIDING OFFICER. The Sen- We have seen countries, such as the ment to increase the demand for goods ator from South Carolina. Soviet Union, change from their old and services in the economy. By failing Mr. DEMINT. Mr. President, this is a centralized government approach to to act to spur demand, our leaders pro- bittersweet day for a lot of us, I know some free market principles and grow

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.030 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2280 CONGRESSIONAL RECORD — SENATE February 13, 2009 out of a lot of their problems. We have expensive policy of their own choosing Although we are in an emergency talked about Japan during this debate. that they can keep more than just a condition, I almost wish this vote this They had a lost decade. They kept few months. We will support something afternoon were taking place a week their taxes the highest in the world that is Government, but we will not from now, after the Presidents Day re- and they tried to spend their way out help people live free and make their cess, so Senators who have voiced op- of a recession. It didn’t work. They lost own choices. Certainly, it is bitter- position—and I take them at their a lot of time, a lot of money, and a lot sweet. word and I certainly respect their right of opportunity. But the news is not all bad today. I to disagree, and I respect them. Almost There is a big difference in philos- think the American people have re- all the Senators in this Chamber know ophy that we should debate. But why signed themselves to the fact that they how much this Senator enjoys them the rush? I think the consternation I are going to lose this battle, but they personally. But I almost wish this vote hear from the American people now have gotten more informed and more were being taken a week and a half more than anything else is, if this is engaged and outraged. I think they from now, after the recess, after Sen- the biggest spending bill in history, have seen if they call, if they e-mail, if ators have gone home to their States why are we trying to rush it through? they stand and express their opinions, and looked into the eyes of their people Why does it have to be on the Presi- they have a chance to turn around this and understood the pain and the an- dent’s desk Monday morning? Why are move by our Government toward a guish that is going on across America we going to vote on a bill that not one more socialistic style of economy and and how much people are depending on of us have finished reading at this culture to one that is more like the us, the Government, to stop the down- point? We just have had it today in any freedom Americans have always known ward spiral of our economy; and to try kind of searchable format on the Inter- and loved. to get it righted and going back up the net. Yet we are going to vote on it be- Freedom is not an ideology; it works. other way. fore we leave today. It seems we are When we let people take advantage of In the meantime, as that attempt is afraid there might be some good news opportunities and direct their own being made—and it is going to take coming out of the economy in different spending and start their own busi- some time. We hear every economist in sectors and the panic could subside nesses, that creates jobs. We cannot do the world say it is going to be at least long enough that maybe Congress that artificially, by taking money from a year, if not 2 or 3 years. In the mean- doesn’t feel we have to do something, one person and giving it to another, time, our people are hurting. We hear, even if we do not know what it is. which we are doing a trillion times in every day, these stories. It seems we are rushing such an in- the bill we are talking about. This Senator is going to scores of credible spending bill. I talked to one I think Americans are watching what townhall meetings all across Florida of my sons last night and said: You is going on today. They are going to next week. I know what I am going to might get $400, spread out in $17 incre- wonder why we voted on a bill that is hear. It is what I have been hearing not even on our desk, that we have not ments. The bad news is you will prob- every weekend when I go home. It is read yet, that they have not been able ably end up owing $10,000 or more be- these horror stories, these impossible to search—as the President promised cause of this one bill. He didn’t seem to economic stories of people who have during his campaign, that he would not think it was that good a deal. worked hard and played by the rules I know the other side won and that sign any bill unless it had been on the and done everything right and they makes it bittersweet, in a way, because Internet for at least 5 days so the lose their job, they lose their home, I feel like a lot of us have been stand- American people could know what we they get upside-down in an economic are doing here. We promised in these ing for what the American people are condition and they do not have any Chambers that we would not bring a calling and telling us about. We know hope. It is almost as if I wish this final bill to the floor unless it was on the if we let the people who are earning it passage vote were not coming so Sen- Internet for people to see before we and hiring people keep the money, we ators who have expressed an opinion voted on it. We are breaking all those would stimulate our economy. about voting against this legislation There are other things we can do, promises with this bill today. The American people may have lost could listen to them. Fortunately, other than tax cuts as well. As to en- this one, but they have raised their there will be a vast majority of at least ergy, at a time when we know that by voices and they have seen what is 60 in this Chamber, with not all the opening our own energy reserves, drill- going on a little bit better than they Senators present today because I don’t ing for our own oil and natural gas, we have seen it before. I think they are think the health of Senator KENNEDY is could stop the flow of American dollars going to win the final battle against going to allow him to return to the overseas and create lots of jobs here, this big Government approach to every Chamber—so at least 60 of the Senators this very week this new administration problem that comes up, against this are going to be voting for it. But there will be a substantial num- delayed the planning of opening our idea that every time there is a problem own reserves by another 6 months. out across America, that we throw up ber, at least 37 in this Senate, who will What are we waiting for, gas prices to our hands and say we have to do some- vote against it. If they could hear the go up to $3 or $4? Why delay something thing, even if it is wrong, even if we stories, they would understand why that could help the economy? had not read it, even if it is $1 trillion; there is $120 billion in this bill in in- If we only allowed States to take the we have to do something so the people vestments in infrastructure and money we are already spending for edu- back home will think we are doing science; and $14 billion for health and cation and allow students to take that something. Wasting this kind of money $106 billion for education and training to any school of their choice, it would and putting this kind of debt burden on and energy—$30 billion in energy infra- attract literally billions of dollars— the next generation is inexcusable and structure; and helping with direct eco- probably hundreds of billions of dollars intolerable and the American people nomic help to those hit hardest by the of private sector investment in edu- are starting to figure it out. economy, of $24 billion; and helping law cation to create all kinds of new They may lose this vote today, but enforcement, $7.8 billion. choices for students that might actu- the American people will win that final My State is one of the States that ally prepare them to compete in the battle for freedom when they continue has been the hardest hit. We are second global economy. But what we are doing the fight they have started this week. only to California in the total number is more Government spending with the I yield the floor. of foreclosures of homes. You wonder, old Government model, and it is not The PRESIDING OFFICER. The why did the President go to Fort Myers going to create new jobs. Chair recognizes the Senator from earlier in the week? The Fort Myers Even in health care, there is some- Florida. area is the highest foreclosure rate thing in this bill that will help sub- Mr. NELSON of Florida. Mr. Presi- area in the entire country, and for peo- sidize people’s health care with COBRA dent, it is good to see you in the chair. ple who are getting laid off there, there when they lose their jobs. But we will You are a great addition to the Senate, is no economic opportunity for them to not allow that same subsidy to apply if being a distinguished new Senator from find another job. Out of this stimulus the same person wants to apply a less Delaware. What a pleasure. bill, just this bill, with the spending

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.031 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2281 and the tax cuts, some $10 billion is The PRESIDING OFFICER. The Sen- committee reports that indicated it going to go to my State. It is going to ator has used 10 minutes. could be spent for things such as STD be for roadbuilding, it is going to be for Mr. NELSON of Florida. Mr. Presi- testing and prevention and smoking health care, it is going to be for class- dent, I ask unanimous consent for 30 cessation. There was a lot of com- rooms and teachers, it is going to be additional seconds. I will complete my mentary about that in the media, and for food stamps, it is going to be for thought. folks made fun of it. So the assumption unemployment compensation, it is The PRESIDING OFFICER. Without was that has come out. No, it turns out going to be for Medicaid. Look at the objection, it is so ordered. there is still very clearly flexibility to human face. Our people are hurting and Mr. NELSON of Florida. We are going use the funds for these kinds of things. they need help. to provide the most significant expan- Let me mention two or three others: Of that amount that is going to Flor- sion in tax cuts for low- and moderate- $50 million for the National Endow- ida, $4.3 billion is going to help people income households ever. That is going ment of the Arts, $500 million for So- who have lost their jobs to keep their to occur right in the State of Florida. cial Security Administration disability health insurance. Can you imagine the We are going to increase the invest- backlog, $60 million for Student Aid trauma of a breadwinner who loses the ment in roads and bridges and mass Administration, $50 million for the job—and that is traumatic enough—not transit. We need all of this in Florida. Compassion Capital Fund. There is $450 to be able to afford health insurance This is stimulus. This is providing jobs. million for Amtrak security grants, for his family, especially if there is a This is helping people in need. This is which was not in either the House bill traumatic injury in that family? That the right thing to do for Florida. or the Senate bill. They simply put it amount of $4.3 billion going to Florida I yield the floor. in this legislation. is going to provide health care for the The PRESIDING OFFICER. The Sen- All of these items were new from poor. This is what I am talking about. ator from Arizona is recognized. when the Senate passed the bill. There This is compassionate assistance in an Mr. KYL. Mr. President, the bill we is also $53.6 billion for a fund labeled economic downward spiral that only are considering now was made avail- ‘‘Fiscal Stabilization Fund.’’ In look- the Government can provide. able to us at 11 p.m. last night, long ing to figure out what the Fiscal Sta- Specifically, in Florida, this bill is after the Senate was out of session. bilization Fund is, we find it is really going to create or save 206,000 jobs. Na- This is it. Now, I daresay that I doubt nothing more than a discretionary tionwide it is going to be somewhere any of my colleagues have read this slush fund for States to use. between 3 million and 4 million jobs it bill. I have not, I confess. Yet we are Now, the Senate has cut the fund is going to create or save. Over 1 mil- going to be voting on it in about 3 from $79 billion. They cut that down to lion jobs have already been lost since hours. We have relied on our staff to $39 billion. Some of our Members were the first of last year. But there are sev- tell us what is in this bill, and we proud that was accomplished. All of eral million more that are going to be found some very interesting things. the Democrats voted for that. But it lost in this country if we do not do There are changes from when the bill turns out in the conference—of course anything. So this stimulus bill is de- passed the Senate. My colleagues need not the public conference; that was signed to create 3 million to 4 million to know what some of these changes merely for show. But when the Mem- jobs that will, in fact, take up that are. I would note, by the way, that the bers went behind closed doors, they slack of what otherwise would have middle-of-the-night, behind-closed- tucked all of the money back in—added been lost and has been lost. doors way this legislation was created about $14 billion, I should say, back This bill is going to provide $800 for a is a far cry from what the President re- into the slush fund. But what is $14 bil- family. That is going to provide almost quested of us and promised on his Web lion when we are talking about $1 tril- 7 million workers and their families, site. He talks about ending the practice lion? just in the State of Florida—7 million of writing legislation behind closed There is an article today in the are going to be eligible for the making doors. He says: By making these prac- Washington Post that includes a story work pay tax cut of up to $800. Just in tices public, the American people will titled, ‘‘Despite Pledges, the Package Florida, this bill is going to make be able to hold their leaders account- Has Some Pork.’’ It begins: 195,000 families eligible for a new tax able for wasteful spending, and law- The compromise stimulus bill adopted by credit to make college affordable. That makers won’t be able to slip favors for the House and Senate negotiators this week is almost 200,000 in Florida alone able is not free of spending that benefits specific lobbyists into bills at the last minute. to have the tax credit for college. communities, industries or groups, despite Well, would that it were. So, unfortu- For those out of work who are get- vows by President Obama that the legislating unemployment insurance benefits, nately, it looks as though a lot of fa- tion would be kept clear of pet projects, ac- there is going to be an additional $100 vors were inserted for a lot of folks. I cording to lawmakers, legislative aides and in my State, to 761,000 people—761,000 don’t know whether it was because lob- anti-tax groups. workers in Florida who have lost their byists requested it, but there are sure a Included in the pork called out by jobs in this recession are going to get a lot of things that relate to specific the Washington Post is $8 billion, $8 little bit more help in unemployment Members and specific States. And, as I billion for high-speed rail projects, for compensation. said, many of these items were not a MagLev rail line between Los Ange- In addition, what this bill is going to even included in the Senate-passed bill. les and Las Vegas, and other things. I do for my State of Florida is, it is Let me mention a couple because they mean, I had mentioned this before, the going to give funding sufficient to are matters that have been in the money for Filipino veterans, I think a modernize 485 schools so our children media a great deal. very worthy cause except they are are going to have labs and classrooms I think we have all heard discussed from the Philippines, and it does not and libraries that they need to get the fact that when Republicans raised create jobs in America. ready to compete globally in the 21st the fact that ACORN could receive There is money for the Nation’s century. money from the neighborhood sta- small shipyards. I wonder why the big Then, in addition, this legislation is bilization fund, this was a provision shipyards were not adequately rep- going to help transform our economy that the other side, the Democrats, resented? And I mentioned before the in our State, in Florida alone, by dou- said: Well, we will take that out. And, $1 billion for a powerplant in Mattoon, bling the renewable energy generating indeed, they removed the words IL. These are what we call earmarks. capacity over the next 3 years. It is ‘‘neighborhood stabilization fund’’ as a These are especially for a specific going to create enough renewable en- subheading. Then they just lumped Member’s congressional district or ergy in Florida to power 6 million that funding under the community de- State. They may be good spending, homes. velopment fund. some of them may even create jobs, but We are going to be able to comput- Bottom line is, they took out three they violate what the President talked erize every American’s health record in words. The money can still be spent, about when he talked about special 5 years, and look what that is going to including for ACORN; same thing for projects put in these bills. save Floridians. We are going to be the billion dollars for a new prevention The bottom line is, this legislation able to enact significant—— and wellness fund. This was in earlier continues to spend money in a wasteful

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.032 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2282 CONGRESSIONAL RECORD — SENATE February 13, 2009 way that our constituents strongly op- say: All you want to do is talk about Mr. KYL. The United States has ac- pose. tax cuts. We think tax cuts would real- tually only had a positive growth in Now, the Coburn amendment was ly help. So the period where 98 percent our gross domestic product by virtue of adopted to reflect our constituents’ of the tax cuts are disbursed, but less our exports. This is another area, concerns. We voted for that amend- than half of the spending is where you sadly, that has been missing from this ment, 73 to 24. We are in favor of end- have the economic growth. legislation. At the end of the day, this ing wasteful Washington spending, we Then in 2011 to 2019, when there is is not the right way to spend $1 tril- said. Specifically, the amendment pro- only 2 percent of the tax cuts and over lion, gambling on our future and cer- hibited funds from being used for a ca- half of the spending, you actually have tainly not providing that we will stim- sino or other gambling establishment, reduced economic growth. That is why ulate economic growth. aquarium, zoo, golf course, swimming Republicans have been emphasizing tax The PRESIDING OFFICER. The Sen- pool, stadium, community park, mu- cuts. It is interesting the actual incre- ator from Maryland. seum, theater, art center, and highway mental tax cuts represent only 20 per- Mr. CARDIN. Mr. President, I believe beautification project. And that is cent of the overall size of the bill, and I am scheduled for 5 minutes. where we thought it ended. But not so. we do not know all of the exact totals The PRESIDING OFFICER. There is In this group of negotiators who met in the bill. But an analysis of the ear- no order, but the Senator is recognized. behind closed doors for at least a cou- lier passed House version would result Mr. CARDIN. If the Chair would ad- ple of nights, it turns out that a lot of in 22 million families getting a check vise me when 5 minutes has been used, these things have crept back into the back from the IRS that is bigger than I would appreciate it. bill. what they paid in both payroll and in- The PRESIDING OFFICER. The So now section 1604 of the conference come taxes combined. Chair will so note. report includes part of the funding lim- So when we say, well, this goes to Mr. CARDIN. It is interesting my itation from the Coburn amendment folks who do not pay income taxes, our friend from Arizona mentioned small but drops its applications to museums, friends on the other side said: Yes, but business, because this morning on my stadiums, art centers, theaters, parks, they pay payroll taxes. Yes. Combine way into the Capitol—I go home every or highway beautification projects. So the two. The check they get back, in 22 night to Baltimore—I had a meeting a lot of the good that we thought we million cases, is still more than the with small business leaders in Prince had accomplished, it turns out, does combination combined. George’s County. We noticed this a not carry at the end of the day. There are so many other concerns couple days ago. The room was over- The end result of this is, the CBO that we have expressed with this pack- flowing. These small business owners scores the long-term consequences of age. We talked about the fact that want us to take action to help them. the spending in this bill not to be $800 small businesses create 80 percent of Minority businesses, women-owned billion, as has been discussed, or even the jobs in the country. So you would businesses, veterans’ businesses—they $1 trillion when you add in the inter- think this bill would contain all kinds want to see bold action because they est. But, as you know, the Congres- of things to help small businesses cre- are hurting. Their businesses are hurt- sional Budget Office, nonpartisan, ate more jobs. ing. They are having a difficult time Well, we looked in vain. It turns out scores for 10 years what is the cost the getting credit. They are using their that about one-half of 1 percent of this real cost, over a 10-year period. credit cards for credit because they They say the cost will jump to $3.27 package is dedicated to helping small can’t get SBA loans and credit from trillion. So when we are talking about businesses produce jobs, one-half of one banks. the $800 billion stimulus bill, let’s un- percent. In fact, only $7 billion total is In this legislation, there is help for derstand it is really a $3.27 trillion bill. provided for all business incentives small business procurement from the Now, there are a couple of other in- combined, and one of the key features Federal Government. There are provi- teresting things about this. It is not relating to net operating losses that sions in this legislation that will make temporary. There are 31 new programs passed the Senate was taken out of the it easier for them to get 7(a) loans and totaling $97 billion, in fact, 31 percent conference report. of all of the appropriations. It expands There are other provisions that will 504 loans by eliminating the cost so it 73 programs by $92 billion. These expand the cost dearly. If you look would be less expensive for small busi- should be part of the regular appropria- closely in this package you will find a nesses. The bottom line is that the American tions process. $17 billion tax, in effect, on Govern- It is interesting that while the Con- ment spending because we included a people are looking for us to take bold gressional Budget Office confirmed the requirement that the Davis-Bacon pre- action, to give our new President the bill might provide a short-term boost vailing wage rules must apply to most tools he needs to get our economy back to the gross domestic product in the of the spending in the bill. That adds a on track. next few years, the added debt burden cost of $17 billion because of the re- In Maryland we have lost jobs, as has and crowding out of private investment quirements of Davis-Bacon. There are the rest of the country. Nationwide we will actually become a net drag on eco- provisions that expand welfare depend- have lost over 600,000 jobs last month, nomic growth and wages by 2014. That ents. It reduces or eliminates current over a million jobs in the last 2 means a lower standard of living for all work requirements for welfare and will months. Foreclosures are at record of us. obviously or ultimately lead to less numbers. Businesses are closing their This is fascinating to me. The Con- work and more poverty. doors. Consumer confidence is at an gressional Budget Office forecasts that There is even a provision relating to all-time low. We need to take action. the time period where economic growth unemployment benefits that allow peo- The American Recovery and Rein- is boosted, 2009 and 2010, is the same ple to leave a job to care for a family vestment Act will create jobs. In my timeframe when 98 percent of the tax member and then collect employment State, it is estimated to be 66,000. It cuts are disbursed. But between 2011 insurance compensation. Now, States, will provide tax relief for 2.2 million and 2019, when only 2 percent of the tax interestingly, have to amend their Marylanders of $800. It will provide for cuts are left, you have over half of the State laws in order to take advantage the American opportunity tax credit spending in the bill, and yet the bill ac- of this provision. for 253,000 Marylanders which will help tually reduces economic growth. Let We really missed an opportunity to them pay for college education. It will me repeat that. This is from the Con- create private sector jobs through increase unemployment insurance for gressional Budget Office. Their fore- trade. Yet that is the area where 242,000 Marylanders who are on unem- cast is that economic growth will be the—— ployment by $100 a month. It will help boosted in the years 2009 and 2010. I The PRESIDING OFFICER. The Sen- modernize 138 schools in my State. talked about it like a sugar high for ator has used his time. Nationwide we will double the renew- kids. That is when 98 percent of the tax Mr. KYL. I ask unanimous consent able energy capacity of America. We cuts are disbursed. for 30 additional seconds. will computerize medical records which We like to say tax cuts can do a lot The PRESIDING OFFICER. Without will make it safer for patients and less of good here. Our Democratic friends objection, it is so ordered. expensive. We will build roads and

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I am appreciative that the com- This conference report is a missed op- proaches to fixing housing first, this mittee included an amendment I of- portunity. We had an opportunity to bill diverts Federal funds to controver- fered with Senator ENSIGN to expand provide pro-growth policies that put sial and politically skewed groups that the homeowners credit for first-time money directly into the pockets of will do nothing to address interest home buyers, introduced last year to families and businesses. When they rates, availability of credit, or declin- make it a true credit of $7,500 and to have more money in their pocket, they ing home values that are at the root of extend that through November of this can spend it as they see fit rather than the housing and mortgage crisis. year. That will help home sales. It was handing the money over to the Govern- Two infrastructure provisions have the housing market that triggered the ment to redistribute elsewhere. Instead miraculously grown during this concurrent recession. That is an important the conference report further reduces ference. First, the Senate bill provided issue. It will restore consumer con- the tax relief that will go to workers the highest level of funding for Amtrak fidence in home buyers. I am pleased to from $500 to $400 per individual, from at $850 million. The House had $800 mil- see that was included. $1,000 to $800 per couple. Estimates are lion. The conference report includes I am pleased to see the amendment I that this tax relief will add about $13 $1.3 billion for the rail company. Does offered for small business, for surety more per week in the worker’s pay- this mean Amtrak will stop in Dodge bonds to make it easier for small busi- check this year. Next year it will add City, KS at some time other than 4 nesses to get surety bonds, increasing only about $8 a week. How will $8 a a.m. which they do today? Second, the high speed rail earmark the limit from 2 million to 5 million for week stimulate the economy? It won’t that is not an earmark, that received construction companies to get help even buy a family of four dinner at $2 billion in the Senate bill and zero in from SBA to get the surety bonds so McDonald’s off the dollar menu. They the House, has somehow grown by 400 they can get part of this procurement. will probably have to split the ham- percent overnight. I know some of my This underlying bill provides for sig- burger. colleagues will come up and say this is nificant opportunities to create jobs We also had an opportunity to fix not an earmark to the tune of $8 billion now in which small businesses will par- housing first—that is the Gordian knot in taxpayer money. But press reports ticipate and be the driving engine for of what faces us in terms of an eco- have already questioned this definition creation of new jobs in our country. nomic stimulus—to address the core since it appears the rail link between That is how it should be. We need to problem in our economy. Unfortu- Los Angeles and Las Vegas will be the take action in order to expand job op- nately, our colleagues across the aisle major beneficiary. I guess they hit the portunity now and make the type of in- rejected meaningful housing relief dur- jackpot. vestments so America can compete in ing Senate debate. Now the conference I want to be clear as well that the the future. There is accountability. report dramatically cuts the tax relief health care provisions in this bill are There is transparency in this legisla- to encourage qualified home buyers to not stimulative. Instead they represent tion. purchase a home, one of the very few major policy changes that should have I have confidence that we will pull things in the stimulus that would have gone through the regular order. out of this recession. America will con- done us some good. The most egregious example of this tinue its economic strength. But let us Most Americans are clearly opposed stealth maneuvering is $1.1 billion for give the tools to President Obama that to the spending in this bill. A bill nego- the establishment of a new Federal he needs so we can answer that person tiated in a back-room deal without the board to conduct comparative effec- who talked to me this morning, the transparency we were promised by the tiveness research. The majority is aim- small business owner who has to use new administration. A bill that in- ing, bluntly put, for research that jus- personal credit cards in order to get a creases spending at the expense of put- tifies restricting access for Medicare loan to keep the business open, because ting money directly in the pockets of patients to medical treatments that he can’t get a loan from the bank even families and businesses. the Government deems to be not cost though he is creditworthy. We need to This bill remains a honey pot for too effective. That is an extremely dan- provide the type of economic stimulus many special interests. It reinforces a gerous path to be on. One need look no to our economy to create the type of growing and dangerous mindset that further than Canada and the United jobs now to fill the void to make sure the Government—not private enter- Kingdom for examples of comparative America can compete in the future. prise, personal responsibility and hard effectiveness research being used to I yield the floor. work—is the creator of wealth and deny access for treatments for breast The PRESIDING OFFICER. The prosperity. It reinforces for individ- cancer, Alzheimer’s disease, rheu- Chair recognizes the Senator from Kan- uals, businesses, and State and local matoid arthritis, and much more. sas. governments that the Federal Govern- I also want to highlight the inequi- Mr. ROBERTS. Mr. President, if the ment is the source for funding for—the table increases to Federal Medicaid Chair could let me know when I have honey pot—for whatever they need. funding for States. I have heard argu- about a minute remaining, I would ap- I have here the ‘‘Berenstein Bears,’’ a ments from my friends from States preciate it. little book I read to first, second, and that reap large windfalls under the reg- The PRESIDING OFFICER. The third graders. It should have been re- ular Medicaid formula as well as under Chair will so notify the Senator. quired reading prior to the stimulus. the special bonus formula in this bill. Mr. ROBERTS. Mr. President, our ‘‘The Trouble With Money, With the But you cannot tell me with a straight economy needs a stimulus; there is no Berenstein Bears.’’ Open the book and face that the State of New York de- question about it. Senator CARDIN cer- it reads: When little bears spend every serves $12.2 billion more than the State tainly illustrated that in his remarks. nickel and penny, the trouble with of Kansas. Americans are worried, very worried money is they never have any. And Under this bill, the State of Kansas is about job security and how they will then after learning their lesson, the estimated to receive an additional $450 support their families and stay in their cub asked Momma bear: What about million, while the State of New York homes if they lose their jobs. The Sen- the money we earned? will receive an additional $12.65 billion. ator mentioned businesses in Mary- You earned it and it is yours, said That is nearly 28 times more than what land. I know businesses in Kansas are Momma. my State will receive. When CBO esti- the same way. All over the country, No more, not with this conference re- mates that total enrollment-driven our Nation’s businesses are struggling. port. It borrows money for programs State Medicaid increases are only ex- Not a day seems to pass without an- that, in many cases, should be funded pected to be $10.8 billion, well anything

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.040 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2284 CONGRESSIONAL RECORD — SENATE February 13, 2009 more than that is an earmark in my the context of the world we live in now. 2 years, with a focus on ensuring that book. The fact is, without belaboring it, be- measures are taken to prevent cost So I want everyone to understand the cause we are living it, we are going overruns, that strict oversight of con- State of New York is getting an ear- through in this country the most se- tractor performance is in place, that mark that is 28 times what the State of vere economic emergency since the de- grant conditions are met, and that Kansas is getting, 23 times what the pression of the 1930s, and it is hap- fraud is promptly prosecuted. State of Iowa is getting, and 41 times pening in a way that is unprecedented. Speed in distributing money, as I what the State of Nebraska is getting. It is not like the 1930s. So we are work- said, is critically important, but we That is not fair. ing very hard to figure out a way to get cannot repeat the kinds of mistakes Americans do not want us to place us out of it. that occurred in support of Iraqi recon- greater debt on future generations by What is the reality? Hundreds of struction projects or in the aftermath supporting a bill that doesn’t provide thousands of jobs lost every month, of Hurricane Katrina where money the right incentives to stimulate the people laid off, hundreds of people rushed out the door with little ac- economy and create private sector every month; the market going down; countability and too many billions of jobs. The American public does not the value of people’s homes dropping taxpayer dollars were wasted. want the Government determining more than $4 trillion in the last year; This bill, on its face, gets off to a what is and what is not a beneficial the stock market dropping somewhere good start in that direction. It includes health care treatment. around $8 trillion; confidence sapped in $200 million in additional funding for This is not our finest hour as a Con- our economy; no credit from the banks. our inspectors general to hire experi- gress. We had a real opportunity to So this is not a perfect piece of legis- enced auditors and investigators to po- stimulate our economy, create jobs, lation. I do not believe I have ever seen lice the spending under this program. and put money back in families’ wal- one in my 20 years in the Senate. But It creates a Recovery Accountability lets through common sense tax relief. this is a very strong piece of legisla- and Transparency Board, headed by a There is an old story that says you tion. I will say, bottom line, I am con- Presidential appointee and composed of can’t kill a frog by dropping him in fident that passage of the American at least 10 inspectors general from the boiling water. He reacts so quickly to Recovery and Reinvestment Act, which departments and agencies that have ju- the sudden heat that he jumps out be- is before us from the conference com- risdiction over the recovery package. fore he is hurt. But if you put him in mittee, will be the turnaround of the The bill adds protections for whistle- cold water and warm it up gradually, American economy. It will stop the blowers who work for State or local he never decides to jump until it is too slide of our economy. It will protect governments or private contractors, late. He is cooked. Men are just as fool- and create millions of jobs. It is that who generally have no protection ish. strong and that urgent. against retaliation, if they disclose The PRESIDING OFFICER. The Sen- I said from the beginning that I waste or fraud in the spending of these ator has 1 minute remaining. thought this so-called stimulus pack- stimulus funds. A special Web site Mr. ROBERTS. I thank the Chair. age should be as big and clean and called recovery.gov will provide trans- If you take away their freedom over- quick as possible. Big because the prob- parency by posting information about night, you have a violent revolution on lem is so big that the economists I spending, including grants, contracts, your hands. But steal it from them have talked to—left, right, center—say: and all oversight activities, so that any gradually under the guise of security Don’t do what Japan did when it, American will be able to report on or stimulus or recovery, and you can through a similar crisis, kind of gave a waste, fraud, or abuse when they see it. paralyze an entire generation. I think little, it did not work, and gave a little But our committee is going to police we failed on that front. We are not more. Give it a big investment. I think this, working with this board, and stimulating the economy. We are cre- this bill does that. stick with it to do our best to make ating a nanny state based upon a new Clean. Yes, there was some stuff in it sure every taxpayer dollar is spent effi- form of American socialism. The lure at the beginning that, in my opinion, ciently. of that is especially dangerous, as was not as directly related to job cre- Final point: I cosponsored, with Sen- many people I would have never sus- ation or economic recovery as it could ator ISAKSON, a proposal to create a pected will be coming to Washington, have been, should have been. That is home buyer tax credit of $15,000 to help coming to the honey pot, not doing why I worked with the bipartisan group stimulate the home-buying sector of things for themselves at home but of centrists, and I think we ended up our economy, raise home values, along coming to Washington expecting some cutting out $110 billion, a lot of pro- with the $50 billion the Secretary of kind of a stimulus or money or grant. grams. The bill is as clean as possible, the Treasury has to use to prevent That is not right. It tears at the fabric as it could be. foreclosures and modify delinquent of what America is all about. Quick. That is most important. You mortgages. Unfortunately, the con- I yield the floor. cannot legislate in the middle of an ference committee determined that our The PRESIDING OFFICER. The emergency in a way that is as lethargic proposal was too expensive to fund. It Chair recognizes the Senator from Con- as that frog I described in the begin- ended up coming in at over $35 billion. necticut. ning. The American people need help. But there was a good compromise to Mr. LIEBERMAN. I thank the Chair. This bill will provide them help. create an $8,000 first-time home buyer Mr. President, I do not have much I want to make two quick points. tax credit, with no recapture—in other time, so I cannot take the liberty I There is a lot of spending in this bill, words, you do not have to pay it back— would normally take to build on the and some people are rightfully worried and it can be used until the end of this metaphor offered by my dear friend about whether we can spend this much year, December 1, 2009. As I said, it is from Kansas about this frog in the hot money this quickly and do it without raised to $8,000. This is no small incen- water. But I will say briefly that I see waste or fraud. I want to say on behalf tive. In fact, the estimates are that this legislation, this conference report, of Senator COLLINS, who is the ranking this credit will cost us $6.6 billion. But as essentially being a prod to the member of the Homeland Security and what that means is, I think hundreds of American economy, which is kind of Governmental Affairs Committee, and thousands of people who want to buy a like a lethargic frog right now, not myself, we have responsibility for the home will get this special incentive— moving very far, and when this bill oversight of Government spending gen- an $8,000 tax credit—to buy that home. passes and is signed by President erally. We take that seriously. We in- That will raise the values of homes Obama, that American frog is going to tend to oversee aggressively the car- generally and get this economy of ours go jumping positively all over the land- rying out of this economic stimulus moving again. scape. package. We are going to begin with a Bottom line, we are in an emergency. Now, having gotten that out of my hearing in our committee on March 5 This bill is as big and unprecedented as system, may I say that you have to to examine how the Federal Govern- the emergency. As I said before, I be- judge this bill not just on its face or as ment will account for the billions of lieve we will look back at the passage a matter of theory but in reality, in dollars that will be spent over the next of this bill and say: This is where the

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.041 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2285 American economy began to turn party-line votes—both in the Finance stimulative. The simple truth is, Gov- around and work its way out of the Committee, on which I serve, and here ernment is inefficient at creating jobs, great recession of 2008 and 2009. on the floor. That is not bipartisan. If, and this morning the Wall Street Jour- I thank the Chair and yield the floor. in fact, this bill had been produced by nal explained some of the reasons why. The PRESIDING OFFICER (Mr. BEN- a bipartisan process, I have every con- Many Federal agencies, such as the NET). The Senator from Texas is recog- viction it could well receive an over- Department of Energy, simply do not nized. whelming vote on both sides of the have the capacity to spend all of this Mr. CORNYN. Thank you, Mr. Presi- aisle in this body. But this was a failed money as quickly as Congress is appro- dent. opportunity, I believe. priating it through this bill. I expect Mr. President, the administration Many of the programs in this bill are, the same is true for many State and and many of my colleagues have ar- in fact, wasteful and unnecessary. local governments. But the fact is, we gued that we cannot rely upon the These are earmarks in all but name in Congress have simply not taken the same strategies that got us into this only: golf carts, art projects, company time to find out. Instead, we are deter- mess to get us out of it, and I whole- cars, and new buildings for Federal em- mined to turn up the water pressure heartedly agree. I am voting against ployees. And these are only some of the across all levels of government without this stimulus bill because I believe it spending plans that we know are con- thinking about which pipes will burst replicates a failed strategy. tained in this 1,100-page bill which, as and whether they can handle the load. Some of my colleagues have claimed the Senator from Kansas pointed out, Nobody knows what will happen once that a ‘‘nay’’ vote on the bill means we we did not get a copy of until roughly this bill is actually implemented. I appreciate the distinguished Senator are for doing nothing. I want to correct midnight last night—without enough from Connecticut saying he and the that misimpression. That is just not time for Senators to actually read ranking member on the Homeland Se- true. We all understand the economy is every line, to discuss it and deliberate curity and Governmental Affairs Com- in crisis. This week, the president of on it and to make sure we understand the Federal Reserve Bank in Dallas mittee are going to do extensive over- what is in it and that we are not sim- sight. But I would suggest, the time to said that my State—which had been ply wasting taxpayer money. The fact doing well relative to the rest of the do our due diligence is before passing is, we will not have even had 24 hours the legislation, before spending the country in job growth and from an eco- to look at the conference report before nomic standpoint—is now officially in money, not after it is already spent, being required to vote on it later when Government does not have the recession, which confirmed what small today, a report negotiated in secret, businesses have been telling me for capacity to deal with it. behind closed doors, and which seemed And then there is this: The Congres- weeks. None of us disputes we are in a to be briefed to reporters and leaked to sional Budget Office estimates that crisis. Some of us disagree about what the press before many Members of Con- this so-called stimulus bill will actu- we ought to do in order to get out of gress actually got a chance to look at ally reduce growth of gross domestic this crisis. it, but we are told: Don’t worry. Trust product over the next 10 years. Because I believe a stimulus bill would have us. as the CBO says, it will actually—be- been a good idea if it had been focused The people in my State of Texas were cause of such enormous direct Govern- on the right priorities. That, I believe, promised many benefits under this bill, ment spending, it will crowd out pri- was President Obama’s original vision. at least $10 billion of direct spending vate investment in the economy and The administration said it wanted a and aid to our State, according to the actually hurt the economy, rather than bill that was timely, targeted, and Democratic policy committee—$10 bil- help it as its proponents have prom- temporary when it came to the spend- lion. Well, that is one reason some of ised. That means many millions of our ing that is contained in it. I daresay my constituents are saying: Senator children will have fewer opportunities that if this bill had reflected President CORNYN, we want some of that even if as they enter the workforce, even as Obama’s priorities, it might well then we understand your point that in order they inherit more and more public debt have received the 80 votes he said he to get it, my State’s share of the cost than any generation in history. wished it could receive, if it had truly of this bill will roughly include $90 bil- The tragedy of this $1 trillion bill is been the product of bipartisan collabo- lion, including interest. Mr. President, it ignores hard-learned lessons. We can- ration and cooperation. But it was not. $10 billion for $90 billion in debt? That not spend our way to prosperity. Dur- The fact is, we never saw the bill the does not strike me as a great bargain. ing the Bush administration over the President said he wanted. We saw in- Now, I am not an accountant, and I am last 8 years, we spent a lot of money. stead that Speaker PELOSI and Demo- not sure the Democratic policy com- We strengthened our homeland de- crats in the House essentially wrote mittee’s numbers are accurate. I just fenses, we delivered a prescription drug the bill themselves and really redefined cannot vouch for them. But accumu- benefit under Medicare, and we in- the word ‘‘stimulus’’ to mean nearly lating $90 billion in debt to receive creased Federal support for education. anything they wanted in a bill which about $10 billion in benefits does not Yet all that additional spending—for they knew they could pass because strike me as a good deal. And I suspect the war on terror, for homeland de- they knew this was an emergency, the deal is not much better for any of fense, prescription drugs, and edu- there was not adequate time to scruti- our other States. cation—did not protect us from a reces- nize the spending and projects, so they The math does not work on a na- sion. knew this was a moving vehicle, and tional scale either. Even if this bill In last year’s stimulus package, we they took every opportunity to load it does ‘‘create or preserve’’ up to 4 mil- sent out rebate checks. Remember that up with a lot that is certainly not tar- lion jobs, that means we are paying was about a year ago where we sent out geted, timely, or temporary and thus about $300,000 per job—$300,000—which cash to taxpayers ostensibly as a re- breached with the vision President is more than five times the median bate which, in fact, represented a redis- Obama had said he envisioned for the household income in the country. tribution of money from people who did bill. Now, if we are going to do this, why pay income taxes to people who don’t. That is the reason why this bill will don’t we just give the money directly You know what. It had virtually zero receive very little support on this side to the people through lower taxes, let- effect in terms of stimulus. Now we are of the aisle. In fact, out of 535 Members ting them keep more of what they going to do it all over again, this time of Congress, I would be surprised if earn? They would create and preserve under the guise of refundable tax cred- there are more than 3 on this side of far more jobs than the Government is its, again sending money to people who the aisle who will support this bill be- going to be able to do and we would not don’t pay income taxes from people cause it was essentially written by the be in the process of picking political who do pay income taxes in a vast re- leadership in the House and the leader- winners and losers in the process. distribution of wealth and replicating ship in the Senate and without Repub- But now the tax relief in this bill is the failed example of the stimulus lican contributions. Indeed, every even weaker tea than it was before, package we passed a year ago. amendment that was offered, with only averaging only about $8 a week, ac- Now, I understand these are unprece- rare exception, was rejected upon cording to some accounts—hardly dented economic times. I understand

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.042 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2286 CONGRESSIONAL RECORD — SENATE February 13, 2009 even the smartest people in the world basically equivalent to the total num- Main Street. It provides economic re- have a hard time knowing what we ber of jobs in the State of Maine. That lief to working families, small busi- should do, but shouldn’t we at least happened in 1 month in the United nesses, and seniors. It gives critical prevent repeating mistakes we know States of America. support to States and communities so don’t work? I don’t think it takes a In my home State of Minnesota, the they can ensure a safety net for fami- rocket scientist or a master of the uni- unemployment rate rose to 6.9 percent lies hurt by the economic downturn, verse to know that. last month. That is the highest it has and it will save or create 3.5 million The PRESIDING OFFICER. The Sen- been in 20 years. The national unem- jobs. ator’s time has expired. ployment rate is now at 7.6 percent. It In my State of Minnesota, the projec- Mr. CORNYN. Mr. President, I ask is across the board. Great companies in tions are that this bill will create 66,000 unanimous consent for 1 more minute. my State such as Target and Best Buy jobs. A recent analysis concluded that The PRESIDING OFFICER. Without and Ameriprise are trying everything the economic recovery bill could create objection, it is so ordered. to do the right thing, but they still are as many as 91,000 jobs in Minnesota by Mr. CORNYN. Mr. President, it is not having to lay off employees. 2010. Additionally, it will provide a tax as though my colleagues are just com- Behind all these numbers and statis- cut to 95 percent of working families plaining about the bill on the floor. We tics are real families. They are not just and offer additional unemployment offered a constructive alternative to a number, such as 598,000; they are real benefits to so many of the people in our fix housing first that got us into this families, people whom I have spoken to State who have lost their jobs. mess and which, I believe, if we had lis- across our State; moms and dads who This legislation will put Americans tened to some constructive suggestions put their kids to sleep and then sit at back to work building bridges, building on this side, would help lead us out of the kitchen table with their heads in roads, building schools. That is what it. We also know that letting people their hands thinking: How are we going this legislation is about. The legisla- keep more of what they earn exerts a to make it? A woman wrote me saying tion invests $116 billion in infrastruc- much greater multiplier effect in terms she got a little inheritance from her fa- ture, in science, roads, bridges, high- of the economy than does direct Gov- ther. She was going to use it for her ways, and transit systems. The Federal ernment spending. Finally, the idea daughter’s wedding and now she had to Highway Administration estimates that we can spend money we don’t have spend it on her own retirement because that for every $1 billion of highway on things we can’t afford simply defies it got blown in the stock market. spending, it creates nearly 35,000 jobs. logic. As we prepare to vote on this bill, it We know a little bit about the need to I am sorry this is a missed oppor- is important to remember how we got invest in infrastructure in my State. tunity, both for bipartisanship and an there. Our economic crisis is a result of We had a bridge that fell down right in opportunity to actually solve a real bad decisions on Wall Street, a result the middle of the Mississippi River, 6 problem confronting the American peo- of greed, as well as the result of a blocks from my house. As I said that ple. I believe there are better ideas failed economic policy for 8 years. day, a bridge shouldn’t fall down in the available, and those ideas remain There is a diner that used to be down middle of America. Not a six-lane high- available if we simply have the will to the street from me in Minnesota. It way, not a bridge 6 blocks from my embrace them. was a motorcycle diner called Betty’s house, not a bridge that my daughter I yield the floor. Bikes and Buns. There would always be travels as she rides with me and my The PRESIDING OFFICER. The Sen- a bunch of motorcycles parked in front. husband every day when we go to work ator from Minnesota is recognized. There was a sign in the window that or go visit our friends. It shouldn’t Ms. KLOBUCHAR. Mr. President, I said: ‘‘Betty’s Bikes and Buns: Where have happened. am honored to be here to speak in lies become legends.’’ favor of the economic recovery plan. Look at the past 8 years. We were The Federal Highway Administration Yesterday we celebrated Abraham told by the past administration they estimates that more than 25 percent of Lincoln’s 200th birthday. As I sat there would create jobs. Just last month— the Nation’s 600,000 bridges are either and listened to the historians talk the last month of the past administra- structurally deficient or functionally about Abraham Lincoln’s life, there tion—we lost 8,000 jobs. They told us obsolete. That is the good thing about was one thing that stood out to me and they would restore fiscal responsi- this bill. It gives us immediate short- that is the importance of timing. They bility. Well, we went from the largest term jobs, as well as giving us some- talked about when he was there in budget surplus left by the Clinton ad- thing to show for it, so that years those very dark days of the Civil War, ministration to a record-high budget later, when this economy is running that he had to make a decision. He had deficit left by the Bush administration. again, we will have the bridges that to make a decision about whether he They told us they would reduce that will take the goods to market, the good was going to sign the Emancipation deficit. They didn’t do it. ‘‘Where lies highways, and the good rail. Proclamation, freeing the slaves. He become legends.’’ This plan will also create jobs by in- thought about it for awhile. He knew if The people of this country in this vesting $43 billion in homegrown re- he did it at one time, it would be too last election said they had enough of newable energy, creating new energy early, and if he waited too long, it lies, they had enough of legends, and jobs across the country. As I have trav- would be bad. Finally, he signed it. The they wanted to see change. They want- eled across my State, I have seen the Historian said yesterday it is very posed to put a President in who was going possibilities. I have seen the little sible that if he had done it 6 months to tell them the truth and not sugar- solar panel factories. I have seen the earlier, we would have lost a number of coat it, not make a bunch of promises wind turbine farms. When we had the States that wouldn’t have been with and not keep them. If we are going to information technology revolution— us; and if he had done it 6 months later, get out of this crisis, we are not going the IT revolution—it created jobs. A we would have lost the momentum to be able to rely on the ideas that got lot of those jobs were for people who that propelled us forward to win the us here, as some on the other side have had graduate degrees and Ph.D.s and Civil War. It reminded me again that argued. We need a new direction and they had to be in certain parts of the timing is everything and that timing that is what this bill offers. It is not a country. That is what is great about matters. perfect bill, but it is the first step to this energy technology revolution—the This is a time to take action with jolting this economy back in the right ET revolution. We have had experts our economic crisis. This is the time. direction. testify before our environmental com- With each passing day, we get more The American Recovery and Rein- mittee, and they have told us the ET bad news: another round of layoffs, vestment Act will jump-start our econ- revolution will create not just those dropping consumer confidence, increas- omy in the near term by creating jobs, Ph.D. jobs and those graduate student ing debt. Last month, we learned the but it is also going to give the people of jobs, they will create jobs for working United States had lost 598,000 jobs in this country something to show for people, building those wind turbines, just 1 month—the month of January. their money. The legislation provides working on those solar panels, putting As the President pointed out, that is economic assistance aimed directly at in those lines for that electricity grid.

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.044 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2287 It is jobs across the demographic spec- I yield the floor. stimulus bill is this simple fact: The trum of this country. It is green-hel- The PRESIDING OFFICER. The Sen- bill we will be voting on spends $6 bil- met jobs, not just Ph.D. jobs. ator from South Dakota is recognized. lion on Federal buildings and only $3 Finally, I wish to highlight the $7 bil- Mr. THUNE. Mr. President, the mo- billion on small business tax relief. lion this plan contains for broadband ment of truth is almost here, the time Small businesses create most of the for Internet and for telecommuni- when we will all have to cast our votes. jobs in our economy—three-quarters to cations infrastructure. When President I submit this is a sad day for our coun- 80 percent of the jobs in this country. Roosevelt, back in 1935, looked at this try, for the American taxpayer, and it We ought to be figuring how can we get country, he knew there was a problem. is a sad day for future generations, who that economic engine going again so Only 12 percent of American farms had will be left paying for this trillion dol- small businesses are making those in- electricity. There we were in the mid- lar spending bill. vestments. As I said before, this bill dle of the Depression and only 12 per- The American people are hurting and contains $6 billion for Federal build- cent of American farms had electricity. they are demanding action. Unfortu- ings and only $3 billion for small busi- Now, what did he do? Did he put his nately, Congress has failed the Amer- ness tax relief—a small, minuscule head in the sand and say: Well, times ican people and lost an incredible op- amount. One-third of 1 percent of the are bad, we are not going to do any- portunity to empower small business final stimulus bill is going to small thing? No. He said: Let’s invest in some owners, fix our housing crisis, and turn business tax relief. jobs, and let’s invest in making things our economy around. So many things In terms of the way the bill breaks better for people so we can get this could have been done with this legisla- down, 27 percent of the entire almost economy moving again. You know tion that could have meaningfully led trillion dollar bill is in tax relief in what. Fifteen years later because of to job creation and economic stimulus. some form, or tax provisions. Many rural electrification, we had about 75 In the few short hours that the final would argue that it was meaningful tax percent of the farms with electricity. bill has been available, it is clear that relief. There are a lot of better ways to We went from 12 percent to 75 percent the Democratic leadership has turned a deliver tax relief. The rest is in the in 15 years. That is what Government deaf ear to the American taxpayer. area of spending. Forty-seven percent action will do when it is done right. The final spending bill still includes of that spending doesn’t occur in 2009 Focusing now on the present day, in spending on wasteful Government or 2010. Only 11.3 percent will be spent so many counties in my State we have projects that have outraged taxpayers in 2009, which means one thing—there Internet service, but it is either too across the country. The final bill in- is a lot of spending in the bill that can- slow or too expensive. This country has cludes: tax benefits for golf carts, elec- not be characterized as stimulus. In gone from fourth in the industrialized tric motorcycles, and ATVs; $300 mil- other words, it is spending that will go world for Internet service subscriber- lion for Federal employee company on and on for years to come. What is ship to 15th in just 8 years. How are we cars; $1 billion for ACORN-eligible remarkable about it—the late Presi- going to compete with countries such block grants; $50 million for arts en- dent Ronald Reagan once said that the as Japan and India if we are going dowment; $165 million for fish hatch- closest thing to immortality on this downhill, if we are nosediving when it eries; $1 billion for the census. planet is a Government program. comes to Internet service? This bill Instead of mouse habitats, electric There is a letter out from the CBO in puts over $7 billion in infrastructure golf carts, and fish barriers, Congress response to a question posed by a for Internet. In these tough economic should have focused on serious pro- House Member regarding some spend- times, broadband Internet deployment posals to address the housing crisis and ing in the bill: What would happen to creates jobs, not only direct creation of create jobs through small business tax the 20 most popular Government pro- jobs in the technology sector but also relief. grams that are funded in this bill if, in the creation of even more indirect em- There were a number of opportuni- fact, at the end of the 2 years the fund- ployment opportunities by increasing ties. I view this as the question of what ing doesn’t terminate? In other words, access to the Internet. I want these could have been. A number of amend- a lot of this spending will go on and on jobs to go to Thief River Falls, MN, or ments that were offered last week over time. What CBO found was the to Lanesboro, MN, instead of over to would have addressed this crisis with total cost of the bill, if those programs India and to Japan. I want them to be respect to housing and job creation and are expended—bear in mind that these in our country. getting the economy back on a path to are popular items on which it will be This recovery plan offers an eco- a recovery. Senators MCCAIN and MAR- difficult to turn off the spigot. If the nomic one-two punch, including tax TINEZ and other Republican Senators spending continues past that 2-year cuts that will promote more consumer offered an alternative proposal that window, the cost of this explodes to and business spending by providing re- would have cut wasteful Government $3.27 trillion. The interest alone is $744 lief to middle-class families, small spending and focused on targeted in- billion. So it will be $3.27 trillion for businesses, and seniors. Second, Fed- vestments and tax relief. much of the spending in this bill if it eral spending that will create jobs and This proposal was a well thought out continues beyond the 2-year window. strengthen the economy with invest- and fiscally responsible proposal. It in- As I said, according to CBO, only 47 ments in transportation, renewable en- cluded a commonsense provision that percent of the spending part of the bill ergy, and high-speed Internet. would have cut off new spending after gets spent in 2009 and 2010. There are so The American people are tired of the two consecutive quarters of economic many better ways this could have been lies and legends of the last 8 years. growth greater than 2 percent of infla- done. We offered amendments last The PRESIDING OFFICER. The Sen- tion-adjusted GDP. week. I mentioned the McCain amend- ator’s time has expired. The alternative plan would have in- ment. I offered an alternative focused Ms. KLOBUCHAR. Mr. President, I vested about $45 billion in transpor- on tax relief for middle-income fami- ask unanimous consent for 30 more sec- tation infrastructure, $17 billion in de- lies and small businesses, which, ac- onds. fense facilities and resetting our com- cording to the methodology developed The PRESIDING OFFICER. Without bat forces. This targeted spending by the President’s own economist, objection, it is so ordered. would have rehabilitated our military Christina Romer, would have created Ms. KLOBUCHAR. Mr. President, facilities and equipment while creating twice as many jobs at half the cost—6.2 they want action. They want the truth. jobs over the next 9 months—impor- million jobs—and the cost of this We literally can’t afford to wait any tant tax relief that would have put amendment voted down last week was longer to pass something. money back into the hands of average about $440 billion or, in rough terms, As President Obama recently said, middle-income families in this country half of what we are looking at in the the time for talk is over. The time for and incentives for small businesses to bill we are voting on today. action is now. If we don’t act, a bad sit- create jobs, hire employees, and pur- The last amendment I offered last uation will become dramatically worse. chase equipment. week, toward the end of the debate, This is our time. This is our oppor- What is unbelievable and, in my would have taken the total amount. I tunity. Let’s get this passed today. view, a major flaw in the Democratic don’t agree that we ought to spend this

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.045 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2288 CONGRESSIONAL RECORD — SENATE February 13, 2009 amount of money. I think it is stealing done a spending bill. It is the least bi- afford. It will not be stimulative. It from future generations. If we are partisan ever. Not a single Republican will a be highly speculative Govern- going to do it, the question is, should in the House voted for this bill; nine ment bubble that we are creating. Washington spend it or should the Democrats voted against it. At the end of the day, the last and American people? I took the total Unfortunately, in conference, the bad biggest number in this whole bill is a amount and divided it by every tax parts of the bill got bigger and the number of $12 trillion. That is in the filer in the country—182 million people good parts got smaller. We are left bill and that is what we are growing, who file a tax return in this country— with a spending bill of gigantic propor- what we are setting the debt limit of and we could have given a rebate of tions and a stimulus package that is the country at in this bill. We are rais- $5,403 to a single filer and to a couple small, by any measure. ing it to $12 trillion. That is in the bill. filing jointly, $10,486—if we take the I will point out a few historical num- The reason we are raising that debt total amount of the bill and divide it bers. We have had stimulus packages in limit to $12 trillion—you guessed it—it among the taxpayers in this country. I the past, and we have needed them. We is headed that way. We are getting would be willing to bet that the Amer- need one now. We have never, in the closer with this bill. ican people would much rather have history of the Republic, had a stimulus We have come to a very big specula- that check than have money going to package over the size of 11⁄2 percent of tive bubble on housing and consumer Washington, DC, to spend on these new GDP. That is the biggest we have ever credit and a number of other things as programs, many of which will create done in the history of the Republic. well. This speculative bubble led to a obligations and liabilities for genera- This stimulus spending bill is 5.5 per- lot of housing being built, cars being tions to come. cent of the GDP of the entire country. purchased, and all was fine. But then I think we have missed a golden op- It is huge—more than three times larg- the bubble burst. Now we are trying to portunity here. I think we have created er than any we have ever done. substitute that with a Government a whole new realm of spending that To give perspective, we did a stim- speculative bubble. We are going to will go on for some time into the fu- ulus package in 2008 in the amount of spend all this Government money and ture. It is not fair to our children and $152 billion. This is $800 billion. In 2001, in a speculative, highly leveraged na- grandchildren. The Federal Govern- it was $38 billion. That seems small by ture, because 100 percent of this is bor- ment needs to learn to live within its today’s standards. This one is 51⁄2 per- rowed. That is somehow going to stim- means. I can tell you as somebody who cent of GDP. If you look at the actual ulate the economy. It is going to leave comes from the prairies, when the prai- tax cuts, there are things in the tax that big, massive hole in it. rie pioneers settled South Dakota and cuts I think are good. There are other I am deeply concerned about what places such as that, they understood a things in spending I think are good, this is going to do both in the present basic principle or ethic, which was that but they should not be in a stimulus and in the near-term future. I hope we they were going to have to sacrifice so bill. They should go through the reg- can do better. There is a great possi- their children and grandchildren and ular order in a spending package. bility that we can do better. I think we future generations could have a better We will have the omnibus spending should. life. bill after the break. That will be hun- I yield the floor. What we have done with this bill is dreds of billions of dollars, and people The PRESIDING OFFICER. The ma- turn that very ethic entirely on its can measure that. But the tax cut jority leader is recognized. head. What we are asking future gen- piece of this bill that is probably going f erations to do is sacrifice by handing to be stimulative—and I would support AMERICAN RECOVERY AND REIN- them a trillion dollar debt so that we as being stimulative—is a total of $76 VESTMENT ACT OF 2009—CON- here and now can have a better life, billion, which is 9.6 percent of the bill. FERENCE REPORT and we cannot live up to the obliga- Many of the tax cuts in the bill are actions we have to pay our bills on time. tually spending through the Tax Code Mr. REID. Mr. President, I ask unan- It is a sad day; it is unfortunate. This or an AMT fix that will not be stimula- imous consent that the Senate now could have been much different. There tive, which most people regarded as proceed to the conference report to ac- could have been more input from our that will be fixed and they are not company H.R. 1, the American Recov- side. It is a bill heavy on spending, not going to alter economic activity based ery and Reinvestment Act, with the only temporary but spending that will on that. You are left with $76 billion in time until 5:30 for debate, with the continue to go on for some time into tax cuts that would be stimulative. As time divided as follows: the majority the future and create obligations down I said, there are things in there I like. controlling 30 minutes and the remain- the road. If this is correct and the CBO I congratulate the majority on some of ing time under the control of the Re- response in this letter is accurate, if those tax cuts that are in it—the issue publican leader or his designee; that a these programs continue to be funded on first-time home buyers. We have budget point of order be in order and if and don’t terminate at the end of the 2- done that in Washington, DC. It was raised against the conference report, year period, there will be $3.27 trillion helpful in stimulating the housing then a motion to waive the applicable in liabilities that we are creating today market here. I think it will stimulate point of order be considered made; that by voting for this legislation. It is not the market across the country. Wind at 5:30 p.m. the Senate then vote on the fair to our children and grandchildren energy is in here that will help our motion to waive the point of order; fur- and to the future generations who will Plains States—the Senator from South ther, that the vote on the waiver of the bear the cost of the fact that we cannot Dakota, myself, and many others. This point of order count as a vote on adop- live within our means and cannot come will help in wind energy, a key growth tion of the conference report, with a 60- up with a way to fund an economic re- area for us. I am supportive of that. I vote threshold; that no further points covery plan that creates jobs and helps think that is important. We got a piece of order be in order during the pend- stimulate the economy and gets this in here about deductibility of State ency of the conference report; and that recovery underway in a fashion that is taxes on purchases of new automobiles upon adoption of the conference report, fiscally responsible. in 2009. That will have a stimulative ef- the motion to reconsider be laid on the I regret that I will be voting no on fect. I think it will be small. There is table, with no further intervening ac- this bill. I urge my colleagues in the bonus depreciation for a big industry in tion. Senate to do the same. my State, aircraft, that will have a The PRESIDING OFFICER. Is there I yield the remainder of my time. stimulative effect. It will be positive. objection? The PRESIDING OFFICER. The Sen- All of those I support and I applaud the Without objection, it is so ordered. ator from Kansas is recognized. majority side for that. The PRESIDING OFFICER. The ma- Mr. BROWNBACK. Mr. President, The sum total of those altogether is jority leader. this is the largest spending bill ever to less than 10 percent of the whole pack- Mr. REID. Mr. President, I wish to be voted on. It will probably be passed age. Instead, we are left with this gar- publicly express my appreciation for by this body. It has been done in the gantuan spending bill that is 51⁄2 per- the thoughtful time certainty on this most rushed fashion that we have ever cent of the economy, which we cannot by the Republicans. As they know, we

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.050 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2289 have a couple issues on our side, one is provision. There is nothing in this bill House was to try to create as many a death and one is the health of one of that is going to slow down spending. jobs as possible by stimulating the our Members. They have been very The compromise that has been economy through a combination of tax thoughtful and understanding of our reached—$440 billion was the Repub- cuts and spending that would create situation. For that I will always be lican alternative—we are going to set- jobs in the near term and, yes, help grateful. tle on a bill of about $787 billion-plus people who have lost a job. We have The PRESIDING OFFICER. The Re- that received no Republican votes in failed miserably in that endeavor, in publican leader. the House. I think they lost seven or my opinion. We have run up the cost of Mr. MCCONNELL. Mr. President, I eight Democrats in the House. Appar- this bill, and every dollar that is wast- would like to propound a unanimous ently, they are going to pick up three ed in the stimulus package that does consent request for speakers on our Republicans in the Senate. not create a job is one less dollar to side. I would argue that if the shoe were jump-start housing and banking. I ask unanimous consent that the fol- on the other foot, if Republicans were To my colleagues, you all know this lowing Republican speakers be recog- in charge and we lost more Republicans one fact. We will never get out of this nized for up to 7 minutes each: than we picked up Democrats, that economic mess until we deal with the CHAMBLISS, GRAHAM, ENSIGN, ALEX- would be a lead story. So the idea that banking problem and the housing prob- ANDER, SHELBY, HATCH, MCCAIN, SES- this is bipartisan does not meet any re- lem. We have wasted a lot of money in SIONS, and that Senator COBURN be rec- alistic test of bipartisanship, and that this bill that could have gone to bank- ognized for up to 30 minutes. is a loss. Mr. President, $1.1 trillion ing and housing. There will be a re- Mr. ENSIGN. Reserving the right to unfocused over 10 years, in terms of job quest in the future, mark my words. object, is it in that order—— creation, is a huge loss to the next gen- The TARP funds left to deal with bank- Mr. MCCONNELL. No. eration of Americans who are going to ing and housing of $315 billion are not Mr. ENSIGN: Or is it just total time? pay this bill. nearly enough to deal with the toxic The PRESIDING OFFICER. Without We had a chance to start over early assets that cripple the ability to lend, objection, it is so ordered. on in this administration. The attitude not nearly enough, in my opinion, to The clerk will report the conference that started this process in the House, deal with the foreclosures that are report. ‘‘We won, we write the bill,’’ never coming in waves in this country. The bill clerk read as follows: changed. It came to the Senate. We The stimulus package is important, The committee of conference on the dis- spent 1 hour 40 minutes marking up but it was, in my opinion, the least-ef- agreeing votes of the two Houses on the this bill. We have had a handful of Re- fective measure to jump-start the amendment of the Senate to the bill (H.R. 1) publican amendments accepted. I am economy. We put all the money in the making supplemental appropriations for job not saying our version is the right way thing that works the least, and we de- preservation and creation, infrastructure in- completely. I am saying the difference vestment, energy efficiency and science, assigned it in a fashion where it will sistance to the unemployed, and State and between $440 billion and $787 billion work hardly at all. This is a blown op- local fiscal stabilization, for the fiscal year and $819 billion, the House version, is portunity to come together in a bipar- ending September 30, 2009, and for other pur- not $787 billion. tisan fashion to deal with banking and poses, having met, after full and free con- There has never been a real effort to housing. We put all our resources up- ference, have agreed to recommend and do try to find common ground. The per- front in a stimulus package that has recommend to their respective Houses this centage of this bill that is tax cuts is 27 very little to do with creating jobs and report, signed by a majority of the conferees. percent of $787 billion; 27 percent of the a lot to do with growing Government. The PRESIDING OFFICER. The Sen- amount is for tax relief. A $400 rebate The PRESIDING OFFICER. The Sen- ate will proceed to the consideration of check is a great part of the tax provi- ator has used 6 minutes. the conference report. sion. Last year, we gave people $500 tax Mr. GRAHAM. Mr. President, we (The conference report is printed in rebates. That did not stimulate the have created more Government, new the House proceedings at pages H1307 economy. The $400 will not. Government than we created jobs. We through H1516 of the RECORD of Feb- What stimulates the economy is cut- lost the spirit of bipartisanship we ruary 12, 2009.) ting taxes for consumers as well as were yearning for. It is going to be The PRESIDING OFFICER. Who business. As Senator THUNE from hard for us to come back to the Amer- yields time on the conference report? South Dakota said about 75 percent of ican people after this monstrosity of a The Senator from South Carolina. the jobs in America are created by bill is understood in the next couple Mr. GRAHAM. Mr. President, I ask small business. If your goal is to stimu- weeks and ask for more money in hous- that I be recognized for 7 minutes and late the economy and create new jobs, ing and banking. be informed when I have used 6 min- one test of this bill would be how much I am disappointed in the process. I utes. did you do for small business. am disappointed in the final substance The PRESIDING OFFICER. The Sen- Less than $3 billion in the entire of the bill. We spent $1 trillion in about ator is recognized. package is directed to small business. I 2 weeks, with very little discussion. Mr. GRAHAM. Mr. President, this de- would argue that if 75 percent of the Finally, America wants this Congress bate is coming to an end, and it never jobs come from the small business sec- and this new administration to be really started. We are bringing a con- tor and only $3 billion of the money is smart and work together. We are not clusion to a process that will spend $1.1 allocated for small business relief, we being smart, and we sure as heck trillion over the next 10 years, and missed this thing by a country mile. haven’t worked together. there has never been a thoughtful dis- This bill started out of the House as I yield the floor. cussion between the parties to figure a ‘‘We won, we write the bill’’ spending The PRESIDING OFFICER. The Sen- out how we can get there from here. package that never had a focus on job ator from Nevada. The Republican alternative was $440 creation. There are so many things in Mr. ENSIGN. Mr. President, I claim billion, I believe. It had tax cuts. It had this bill unrelated to creating a job in the 7 minutes that is part of the unani- spending on unemployment benefits ex- the next 18 months that it is, in my mous consent agreement. tension, food stamp extension. It had a opinion, a failure as a stimulus pack- The PRESIDING OFFICER. The Sen- $35 billion, $45 billion amount of spend- age. ator is recognized. ing for infrastructure, shovel-ready Of the $580 billion of this bill that is Mr. ENSIGN. Mr. President, the jobs. It was an alternative that also appropriated—about 53 percent of it is scope of this legislation is enormous had a trigger that said that once the appropriated—only 11 percent of that and endangers our country’s future economy got back on its feet and we money hits the economy in the first economic health. had two quarters of positive GDP year. Fifty-three percent of the appro- Currently, the U.S. debt burden is growth, any unspent funds would be priated funds are not spent until after huge, but it is going to rise to 54 per- frozen, and we would look at trying to 2 years from now. cent of the economy in just the next 2 get back to a balanced budget situa- So the goal I had working with our years. That is before we take into action. In other words, it had a slowdown Democratic colleagues and the White count this omnibus spending bill that

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.053 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2290 CONGRESSIONAL RECORD — SENATE February 13, 2009 is still to come before the Congress, an- We did not even receive this 1,100- we had sat down in a bipartisan fash- other round of TARP, and approxi- page bill until 11 p.m. last night. ion—not as Republicans, not as Demo- mately $1 trillion that we have in the Thanks to all my staff, and the Repub- crats, but as Americans. I hope we bill before us today. When we add the lican Policy Committee staff. They learn from the way this bill was done Children’s Health Insurance Program spent most of the night and today that it is not the way we need to fix that was passed, TARP, a supple- going through this bill. There is no some of the major problems the coun- mental, the omnibus bill, we will add way everybody is going to know every- try will face in the future. I hope we an additional $2 trillion to our national thing that is in this bill because of the can actually sit down in a bipartisan debt. That means higher taxes for our difficulty of trying to go through an fashion. children, our grandchildren, and actu- 1,100-page bill in less than 24 hours. Mr. President, I yield the floor. ally just in a few years for almost all We need to look at history. Japan, in The PRESIDING OFFICER. The Sen- Americans. the 1990s, gave us valuable lessons ator from Tennessee. We have been borrowing against fu- about not what to do. They spent $6.3 Mr. ALEXANDER. Mr. President, ture generations. Keep in mind that we trillion. Unfortunately, they spent it may I be informed when 6 minutes of have a $60 trillion debt out there in So- building a lot of bridges to nowhere, my 7 minutes has expired? cial Security, Medicare, Medicaid, and roads to nowhere. The PRESIDING OFFICER. The other entitlement programs. That We heard we need a lot of infrastruc- Chair will notify the Senator. money has to be paid someday. ture spending in this country. If this Mr. ALEXANDER. I thank the Chair. Mr. President, here is what we know We have to ask ourselves: What will bill had only answered that call. This of the so-called stimulus bill. the credit markets around the world bill has very little to do with infra- This bill will give American workers think? What will they think about the structure. Only a small percentage of $8 a week in their paychecks in ex- idea of the United States being actu- this bill actually deals with infrastruc- change for passing along a $1 trillion ally solvent? The previous administra- ture. That is unfortunate. Japan also debt to our grandchildren. The entire tion, as we heard from the other side, failed to address the underlying prob- New Deal, in today’s dollars, cost only spent money like crazy. I am not going lems in their banking system. Japan to defend them. I was one of the people half of what this bill costs. created zombie banks. These are banks We know that if we were to spend $1 fighting against a lot of that spending. that should have failed but were not al- The spending that is before us today million a day, every day since Jesus lowed to. Japan also suffered from a is unprecedented. Unfortunately, in the Christ was born, we would still spend bad course of monetary policy. While so-called stimulus bill, only about 25 less money than the cost of this bill. the parallels may not be exactly the percent of the bill is in true tax relief. We know that if you were to add the same between Japan and the U.S., we A lot of it is disguised as tax relief, but cost of this bill to the national debt may be headed in the same direction. it is just spending. Not all tax relief is that we already have, it would cost That is why a lot of us are afraid that equal when it comes to stimulating the each American household more than this stimulus bill before us today is ac- economy. Unfortunately, some of the $100,000 to pay off our country’s debt. tually not going to cure our economic tax relief in this bill that was actually We know that in the bill there is $50 good was stripped out of the bill. woes. million that could be used to save red- Today, as a percentage of GDP, Gov- The housing industry is what brought bellied harvest mice in the San Fran- ernment spending last year was around this whole economy down. We under- cisco area, something that Speaker 21 percent. This year, it is going to be stand that. The American people in my PELOSI has supported. close to 30 percent. The historical aver- State of Nevada know it was the hous- We know that in the bill there is $8 age over the last 40 years is around 20.6 ing crisis that brought the economy billion for a levitating train from percent. If we continue to add and add, down. So if we don’t fix housing, how Disneyland to Las Vegas that the main not too many years, it is heading to- are we going to fix the economy? The jority leader is very interested in. ward 40 percent. This amounts to the underlying problem with the patient We also know that people are hurt- Europeanization of the United States. here is the housing problem. ing. That we need to do something to Why is this? The government takes up I had an amendment that actually help the economy. And that something a large percentage of the budgets of would have gone a long way toward fix- includes a real stimulus bill. But we Europe’s economies. These are more so- ing housing. My amendment had three know this is not the right approach. cialist-type economies, and that is the components. The first was that Ameri- Mostly, this is spending, not stim- percentage of their gross domestic cans would have been able to get a ulus. Most of the spending in the bill product they spend on government. much lower interest rate—somewhere does not come soon enough to help cre- Let’s consider the cost of this bill. If between 4 to 4.5 percent. About 40 mil- ate jobs quickly. Most of the tax cuts we count everything that is going to lion American households would have in the bill—such as the $8 per week for expire in the stimulus and say it is not qualified for it. It would have given the working families—are welcome but not going to expire over the next 10 years, average American household about $450 stimulative. the true cost of this bill is somewhere per month more for their budget. This We know this is a lot of money. An around $3 trillion. We have to ask our- was permanent, though, it wasn’t just example of how much money is that it selves: When was the last time a Fed- a one-time check. This was a 30-year took us until about 1980, from the be- eral program was cut or was discon- fixed interest rate. That actually ginning of our Republic, to accumulate tinued? That does not happen around would have helped stimulate the econ- a debt that equals the amount of this here. Once we put something in place, omy. bill. Or to look at it another way: The it seems to be in place forever. The second part of the amendment entire annual Federal budget in the The assumptions in the bill that the was that we took a provision from Sen- early 1980s was about the amount we spending put in place is actually going ator ISAKSON. are spending in this bill. to go away in 2 years seems a little ri- Mr. President, I ask unanimous con- We know this is not temporary. Even diculous to me. That is why we actu- sent for 1 additional minute. though stimulus bills, as defined by ally should be honest about the true The PRESIDING OFFICER. Without Speaker PELOSI, are to be timely, tem- cost of this bill. objection, it is so ordered. porary, and targeted, this is not. We According to CBO, all the stimulus Mr. ENSIGN. The second part of the know that because of the mandatory spending will do little to help our long- amendment would have given a $15,000 spending it adds to the long-term budg- term economic growth. It will help tax credit to buy homes. That would et. We know that because the Senate some in the short term but not in the have helped to stimulate the housing rejected Senator MCCAIN’s amendment long term. We have to think about not market. Unfortunately, in this bill, which said that after two consecutive just short term. Too many companies that was dramatically cut down. And quarters of economic growth above 2 in America were thinking short term. the third part was to help those houses percent, the new spending would stop. We have to think long term as well for underwater. So this bill is not temporary. our, once again, children and grand- This spending bill that is before us We know we are bailing out States children. could have been made so much better if with much more money than they

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.054 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2291 need. In my State of Tennessee, it had We are preempting that discussion bolstering the incomes of all Ameri- a $900 million dollar shortfall. That is a without very much debate. cans. lot of money for our State. But our leg- I know what bipartisanship is. I have Finally, I fear that the supporters of islature and Governor are handling participated in it. When I was Governor this bill have been resting far too heav- that, with some pain. Yet we are giving of Tennessee, I worked with a Demo- ily on their Keynesian ideological Tennessee almost $4 billion, as if we cratic legislature. We became the first crutch rather than devising good policy had the money to spend. State to pay teachers more for teach- here. We know we are not seriously thinking well. I said what I thought we We are told that Professor Keynes ing about how much spending is too ought to do and the Democratic speak- said that government spending was the much spending in Washington, and how er said what he thought we ought to key to restoring long-term economic much debt is too much debt. We know do. We sat down together. growth. We need to remember that that we establish policies in this bill— The PRESIDING OFFICER. The Sen- Professor Keynes’ views evolved a huge policies in education, energy, and ator has spoken for 6 minutes. great deal over time. He was contin- health—in 2 weeks, without careful Mr. ALEXANDER. I thank the Chair. ually changing his opinions when con- consideration that deserve enormous We took some of Speaker fronted with new facts and cir- consideration. McWherter’s ideas and some of my cumstances. His famed ‘‘general the- I used to be Secretary of the U.S. De- ideas. We came to a conclusion and we ory’’ of employment, interest, and partment of Education. Its budget together announced the result. money was borne of his concern that today is about $68 billion. We are add- President Bush and the Congress did the old policy prescriptions were not ing $40 billion a year to that Depart- the same thing with No Child Left Be- working. Because his thinking was always ment for the next 2 years. Does that hind when President Bush working changing, Keynes was often criticized mean we are completely satisfied with with Senator KENNEDY and Representa- for being inconsistent. He famously re- tive MILLER. Senator BINGAMAN and what is happening in kindergarten plied: through the 12th grade? If we are to Senator Domenici gave us a good ex- When the facts change, I change my mind. add $40 billion a year, should we not be ample with the energy bill. Seventy of What do you do? us cosponsored the America Competes asking what can we do differently to I believe we need a solution that fits Act. And the Gang of 14 helped keep reward outstanding teachers, to add the facts and circumstances of our charter schools, to offer parents more the Senate functioning and produced times, just as Keynes sought to provide choices for afterschool programs for good Supreme Court nominees. a solution to address those of the their children? Surely, we can have a I am disappointed that we have not United Kingdom at one time. debate about education, or energy, or risen to the occasion. This bill should Our solution, I believe, needs to focus health care if we are going to spend have been easy to do in a bipartisan on restoring our banking system. Un- that much new money. way. I hope that this is not a symbol of less our banking system is nurtured We know there has been a lack of bi- what is to come with more difficult back to health, our economy will re- partisanship. The refrain seems to be: pieces of legislation, like health care, main crippled, and much of what is in We won the election; we’ll write the climate change, and entitlements. this stimulus bill, I believe, will have bill. That was not the tone of the elec- I thank the Chair, and I yield the been wasted. tion. That was not what we looked for- floor. It is worth remembering that the ward to on the Republican side of the The PRESIDING OFFICER. The Sen- first thing Franklin Roosevelt did upon aisle. ator from Alabama. becoming President of the United We know what we should have done Mr. SHELBY. Mr. President, during States was address the Nation’s bank- instead. We know we shouldn’t have the last 18 months, our economy has ing crisis, long before he embarked on spent the whole piggy bank on a spend- been crippled by an unprecedented fi- the New Deal spending programs. An- ing bill that doesn’t include much nancial crisis. What began simply as other example I believe we should keep stimulus. We know that we should have rising defaults on subprime mortgages in mind is the experience of Japan dur- reserved as many of those scarce dol- has rapidly evolved into the greatest ing their so-called lost decade. You will lars as we could to focus on fixing economic storm since the Great De- recall that during the 1990s, the Japa- housing first and making sure that we pression. nese experienced a banking crisis as don’t underestimate the difficulty we Shackled by mounting losses on well. Rather than deal with their zom- have in getting toxic assets out of the mortgage-backed securities and falling bie banks, Japanese policymakers en- financial institutions in this country home prices, our banking system has acted numerous stimulus bills. And de- so they can start lending again and on retracted from normal lending. Starved spite those spending sprees, the Japa- Main Street we can start doing busi- of financing, our economy is rapidly nese economy continued to stagnate as ness again. We know those are the deteriorating, while millions of Ameri- they increased Japan’s debt-to-GDP things we should have done instead. cans face unemployment. ratio from 60 percent to a staggering This bill doesn’t pass muster with Unfortunately, we have watched two 180 percent today. truth in labeling. It claims not to have succeeding administrations—the Bush Mr. President, I ask unanimous con- earmarks, although that levitating administration and now, I fear, the sent to have printed in the RECORD a train from Las Vegas to Disneyland Obama administration—propose plans list of economists, including several looks a lot like an earmark. to revitalize our economy that have Nobel Prize winners. We know that the two provisions in failed to live up to expectations. The PRESIDING OFFICER. Without the bill that seemed to do the most to We are now told that the solution to objection, it is so ordered. help were cut by the conference report the current crisis lies in this stimulus There being no objection, the mate- in substantial ways. I am speaking of bill before the Senate. Proponents rial was ordered to be printed in the ECORD Senator ISAKSON’s $15,000 tax credit for claim that this bill will jump-start the R , as follows: home buyers who would buy homes in economy and reinvigorate private com- Burton Abrams, Univ. of Delaware; Doug- the next year, which was gutted. And mercial activity. I disagree. las Adie, Ohio University; Ryan Amacher, Univ. of Texas at Arlington; J.J. Arias, Geor- Senator MIKULSKI’s and Senator This bill has been poorly conceived gia College & State University; Howard BROWNBACK’s effort to give encourage- and hastily crafted. First, the imme- Baetjer, Jr., Towson University; Stacie ment to automobile and truck buyers diate impact of this bill is far too Beck, Univ. of Delaware; Don Bellante, Univ. all over America to revive the auto- small. According to the Congressional of South Florida; James Bennett, George mobile industry. Budget Office, only 12 percent of the Mason University; Bruce Benson, Florida We know that if we are to add $87 bil- discretionary spending in this bill State University; Sanjai Bhagat, Univ. of lion over 2 years to Medicaid for the takes place in the year 2009. Secondly, Colorado at Boulder; Mark Bils, Univ. of Rochester; Alberto Bisin, New York Univer- States that we may be making the pro- this bill is not targeted to maximize its sity; Walter Block, Loyola University New gram so rich that we will never be able impact. It simply funds, I believe, a Orleans; Cecil Bohanon, Ball State Univer- to decide what to do about it when we wish list of government programs rath- sity; Michele Boldrin, Washington Univer- have our national health care debate. er than focusing on creating jobs and sity in St. Louis; Donald Booth, Chapman

VerDate Nov 24 2008 05:26 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.055 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2292 CONGRESSIONAL RECORD — SENATE February 13, 2009 University; Michael Bordo, Rutgers Univer- Metropolitan State College of Denver; las O. Walker, Regent University; Chris- sity; Samuel Bostaph, Univ. of Dallas; Scott Deepak Lal, UCLA; George Langelett, South topher Westley, Jacksonville State Univer- Bradford, Brigham Young University; Gene- Dakota State University; James Larriviere, sity; Lawrence White, Univ. of Missouri at vieve Briand, Eastern Washington Univer- Spring Hill College; Robert Lawson, Auburn St. Louis; Walter Williams, George Mason sity. University; John Levendis, Loyola Univer- University; Doug Wills, Univ. of Washington George Brower, Moravian College; James sity New Orleans; David Levine, Washington Tacoma; Dennis Wilson, Western Kentucky Buchanan, Nobel laureate; Richard University in St. Louis; Peter Lewin, Univ. University; Gary Wolfram, Hillsdale College; Burdekin, Claremont McKenna College; of Texas at Dallas; Dean Lillard, Cornell Huizhong Zhou, Western Michigan Univer- Henry Butler, Northwestern University; Wil- University; Zheng Liu, Emory University; sity. liam Butos, Trinity College; Peter Calcagno, Alan Lockard, Binghampton University; Ed- Mr. SHELBY. Mr. President, all College of Charleston; Bryan Caplan, George ward Lopez, San Jose State University; John Mason University; Art Carden, Rhodes Col- Lunn, Hope College; Glenn MacDonald, these economists agree that govern- lege; James Cardon, Brigham Young Univer- Washington University in St. Louis; Michael ment spending is not the way to im- sity; Dustin Chambers, Salisbury University; Marlow, California Polytechnic State Uni- prove economic performance. Emily Chamlee-Wright, Beloit College; V.V. versity. Over the past year, I have repeatedly Chari, Univ. of Minnesota; Barry Chiswick, Deryl Martin, Tennessee Tech University; called for an extensive examination of Univ. of Illinois at Chicago; Lawrence Cima, Dale Matcheck, Northwood University; the origins of this economic crisis and John Carroll University; J.R. Clark, Univ. of Deirdre McCloskey, Univ. of Illinois, Chi- of the potential solutions. So far, the Tennessee at Chattanooga; Gian Luca cago; John McDermott, Univ. of South Caro- Clementi, New York University; R. Morris lina; Joseph McGarrity, Univ. of Central Ar- majority has refused. In the absence of Coats, Nicholls State University; John Coch- kansas; Roger Meiners, Univ. of Texas at Ar- any analysis or detailed information, ran, Metropolitan State College; John lington; Allan Meltzer, Carnegie Mellon Uni- they have chosen time and again to Cochrane, Univ. of Chicago; John Cogan, versity; John Merrifield, Univ. of Texas at solve the crisis by throwing money at Hoover Institution, Stanford University. San Antonio; James Miller III, George Mason it. I believe this is laying the ground- John Coleman, Duke University; Boyd Col- University; Jeffrey Miron, Harvard Univer- work for a much greater economic ca- lier, Tarleton State University; Robert sity; Thomas Moeller, Texas Christian Uni- tastrophe. Collinge, Univ. of Texas at San Antonio; Lee versity; John Moorhouse, Wake Forest Uni- It took until 1982 for our publicly Coppock, Univ. of Virginia; Mario Crucini, versity; Andrea Moro, Vanderbilt University; Vanderbilt University; Christopher Culp, Andrew Morriss, Univ. of Illinois at Urbana- held debt to cross the $1 trillion mark. Univ. of Chicago; Kirby Cundiff, North- Champaign; Michael Munger, Duke Univer- In the 27 short years since, we have eastern State University; Antony Davies, sity; Kevin Murphy, Univ. of Southern Cali- amassed a debt 10 times that amount. Duquesne University; John Dawson, Appa- fornia; Richard Muth, Emory University; Now we are about to vote on a measure lachian State University; Clarence Deitsch, Charles Nelson, Univ. of Washington; Seth that will, in a single year, add to the Ball State University; Arthur Diamond, Jr., Norton, Wheaton College; Lee Ohanian, national debt what it took nearly 200 Univ. of Nebraska at Omaha; John Dobra, Univ. of California, Los Angeles. years to accumulate. Lydia Ortega, San Jose State University; Univ. of Nevada, Reno; James Dorn, Towson I fear this is a day we will come to University; Christopher Douglas, Univ. of Evan Osborne, Wright State University; Ran- Michigan, Flint; Floyd Duncan, Virginia dall Parker, East Carolina University; Don- regret, not only because I believe the Military Institute; Francis Egan, Trinity ald Parsons, George Washington University; stimulus bill will not work but because College; John Egger, Towson University; Sam Peltzman, Univ. of Chicago; Mark it will mark the day when our genera- Kenneth Elzinga, Univ. of Virginia; Paul Perry, Univ. of Michigan, Flint; Christopher tion decided we were not capable of en- Evans, Ohio State University; Eugene Fama, Phelan, Univ. of Minnesota; Gordon Phillips, during the consequences of our own ac- Univ. of Chicago. Univ. of Maryland; Michael Pippenger, Univ. tions, and therefore future generations W. Ken Farr, Georgia College & State Uni- of Alaska, Fairbanks; Tomasz Piskorski, Co- must shoulder the burden we could not versity; Hartmut Fischer, Univ. of San Fran- lumbia University; Brennan Platt, Brigham cisco; Fred Foldvary, Santa Clara Univer- Young University; Joseph Pomykala, Tow- find the courage to bear ourselves. sity; Murray Frank, Univ. of Minnesota; son University; William Poole, Univ. of Dela- I yield the floor. Peter Frank, Wingate University; Timothy ware; Barry Poulson, Univ. of Colorado at I suggest the absence of a quorum. Fuerst, Bowling Green State University; B. Boulder; Benjamin Powell, Suffolk Univer- The PRESIDING OFFICER. The Delworth Gardner, Brigham Young Univer- sity; Edward Prescott, Nobel laureate; Gary clerk will call the roll. sity; John Garen, Univ. of Kentucky; Rick Quinlivan, Saint Vincent College; Reza The bill clerk proceeded to call the Geddes, Cornell University; Aaron Gellman, Ramazani, Saint Michael’s College; Adriano roll. Northwestern University; William Gerdes, Rampini, Duke University; Eric Rasmusen, Mr. SCHUMER. Mr. President, I ask Clarke College; Michael Gibbs, Univ. of Chi- Indiana University. unanimous consent that the order for cago; Stephan Gohmann, Univ. of Louisville; Mario Rizzo, New York University; Rich- the quorum call be rescinded. Rodolfo Gonzalez, San Jose State University; ard Roll, Univ. of California, Los Angeles; The PRESIDING OFFICER. Without Richard Gordon, Penn State University; Robert Rossana, Wayne State University; Peter Gordon, Univ. of Southern California; James Roumasset, Univ. of Hawaii at Manoa; objection, it is so ordered. Ernie Goss, Creighton University; Paul Greg- John Rowe, Univ. of South Florida; Charles Mr. SCHUMER. Mr. President, I rise ory, Univ. of Houston; Earl Grinols, Baylor Rowley, George Mason University; Juan this afternoon to talk about the eco- University; Daniel Gropper, Auburn Univer- Rubio-Ramirez, Duke University; Roy nomic recovery package, a package sity. Ruffin, Univ. of Houston; Kevin Salyer, Univ. that will create jobs, put money in the R.W. Hafer, Southern Illinois University, of California, Davis; Pavel Savor, Univ. of pockets of the middle class, and Edwardsville; Arthur Hall, Univ. of Kansas; Pennsylvania; Ronald Schmidt, Univ. of strengthen our investment—three ex- Steve Hanke, Johns Hopkins; Stephen Rochester; Carlos Seiglie, Rutgers Univer- tremely worthy and necessary goals. It Happel, Arizona State University; Frank sity; William Shughart II, Univ. of Mis- Hefner, College of Charleston; Ronald sissippi; Charles Skipton, Univ. of Tampa; is a package that will turn our econ- Heiner, George Mason University; David James Smith, Western Carolina University; omy around—and Lord knows we need Henderson, Hoover Institution, Stanford Vernon Smith, Nobel laureate; Lawrence it. University; Robert Herren, North Dakota Southwick, Jr., Univ. at Buffalo; Dean Let me say, I have heard much talk State University; Gailen Hite, Columbia Uni- Stansel, Florida Gulf Coast University; from the other side claiming they are versity; Steven Horwitz, St. Lawrence Uni- Houston Stokes, Univ. of Illinois at Chicago; against this package because it in- versity; John Howe, Univ. of Missouri, Co- Brian Strow, Western Kentucky University; creases the budget deficit and the na- lumbia; Jeffrey Hummel, San Jose State Shirley Svorny, California State University, tional debt too much. For instance, I University; Bruce Hutchinson, Univ. of Ten- Northridge. heard my good friend from Arizona this nessee at Chattanooga; Brian Jacobsen, Wis- John Tatom, Indiana State University; consin Lutheran College; Jason Johnston, Wade Thomas, State University of New York morning talking about generational Univ. of Pennsylvania; Boyan Jovanovic, at Oneonta; Henry Thompson, Auburn Uni- theft. There is one surprising thing: New York University; Jonathan Karpoff, versity; Alex Tokarev, The King’s College; When we talked about $1 trillion for Univ. of Washington; Barry Keating, Univ. of Edward Tower, Duke University; Leo Troy, the war in Iraq, all told, we never Notre Dame; Naveen Khanna, Michigan Rutgers University; David Tuerck, Suffolk heard about generational theft. When State University; Nicholas Kiefer, Cornell University; Charlotte Twight, Boise State President Bush talked about $2 trillion University. University; Kamal Upadhyaya, Univ. of New of tax cuts, mainly for the wealthy, did Daniel Klein, George Mason University; Haven; Charles Upton, Kent State Univer- Paul Koch, Univ. of Kansas; Narayana sity; T. Norman Van Cott, Ball State Univer- we ever hear the words ‘‘generational Kocherlakota, Univ. of Minnesota; Marek sity; Richard Vedder, Ohio University; Rich- theft’’? Did we ever hear we should not Kolar, Delta College; Roger Koppl, Fairleigh ard Wagner, George Mason University; Doug- do tax cuts for the wealthy or fund the Dickinson University; Kishore Kulkarni, las M. Walker, College of Charleston; Doug- war in Iraq because it was generational

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.006 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2293 theft? Because it would increase the top three-tenths of 1 percent as op- to help the middle class results in only deficit? No, we didn’t. I am not composed to putting money into the mid- getting three Republican votes. What menting on whether those two actions dle-class and working families? more do my colleagues want us to do? were worthy, but we certainly did not Mr. SCHUMER. I thank my friend Do they want a package just of tax hear any qualms from the other side. from Vermont, and, reclaiming my cuts only, no help for health care, no The GOP was a borrow-and-spend time, he is exactly right. Let’s look at help for education, no help for trans- party for each of the 8 years President it this way: Does anyone really believe portation? Do they want a package Bush was in office. They doubled the that if a Republican President had that is aimed and skewed at the national debt in 8 years and by some helped construct a stimulus package wealthiest among us who are those who estimates added $30 trillion to future with $800 billion of tax cuts, that we least need the help? We have let them liabilities over 8 years. Our friends on would hear talk about generational offer amendments. We have accepted a the other side of the aisle simply have debt and that we would hear talk about good number of those amendments. Yet no credibility when it comes to the not voting for the bill because it in- we have three votes. issues of deficits and debt because, creased the national debt? Obviously We want to be bipartisan, and we un- until 3 months ago, they didn’t give a not. derstand that each side mistrusts the hoot about it. Only now, when there Despite the claims to the contrary, other. But I say to my friends, we have are Government programs for edu- the issue that most—not all—Repub- reached out, we have accepted sugges- cation and health care and transpor- licans have with this package is not tions, we have put many tax cuts in tation, do we hear about Government that it is too big. Oh, no; that is a Tro- this proposal that might not get a ma- debt. But we never hear about it when jan horse. The issue is plain and simple jority support on our side alone in an it comes to funding wars overseas, like that they did not like investments— effort to reach out even though we Iraq, or when it comes to tax cuts for they do not like the Government to think there are better ways to stimu- the wealthy—that is perfectly OK. spend money on education and schools, late the economy. Where were our colleagues on the other they don’t like the Federal Govern- When we meet you halfway, don’t side of the aisle for the last 8 years as ment to spend money on helping people give us the back of your hand and say it is not bipartisan. Don’t say: It has to the debt skyrocketed, as generational with their health care, they don’t like be all our way or 90 percent our way be- theft occurred? Where was my good the Government to spend money on fore we will vote with you. Don’t let friend from Arizona, who talked about transportation, helping rebuild our the hard-right base of this Republican this earlier today when I was on the roads and bridges, or spending money on changing our energy policy so we Party keep a stranglehold on you and floor? prevent us from marching forward to- Mr. COBURN. Will the Senator yield? are not dependent on foreign oil. Oh, gether, because the country needs bet- Mr. SCHUMER. I will only yield, no. It is OK to spend money on the ter. The country needs more. The coun- since I have only 5 minutes, on the military—something I usually sup- try does need bipartisanship, but more Senator’s time. port—it is OK to spend money on tax important even than bipartisanship, as Mr. COBURN. I will be happy to yield cuts for the very wealthy but not to very important as that is, it needs myself the time. The Senator paints help the middle class with health care help. It needs help to get this economy with an awfully broad brush. I have and education and transportation. out of the mess, to create and preserve been in this Senate for 4 years. He That is why we took the majority. 3 to 4 million jobs, to put money in the knows very well that I voted against That is why we will stay in the major- pockets of the middle class, and to re- most appropriations bills. I talked ity, because the average middle-class build an infrastructure that is aging about the debt in almost every speech person knows. They do not want a prof- and will hurt our economy long after, I have given. So I hope we would talk ligate government. They do not want a God willing, this recession is over. about individuals rather than a group government that wastes money—abso- To my colleagues, please, on the next because it is not necessarily represent- lutely not. But I think they want a bill—it is too late for this one—rethink ative of all on my side. government that is there for them and the attitude. We are trying. You have Mr. SCHUMER. Reclaiming my time, makes their lives a little better. They had amendments and amendments. A I think my colleague from Oklahoma know that all the hue and cry of good number have been accepted. Re- makes a fair point. There have been oc- generational theft and increasing the publican input, albeit from three, has casional Members, such as the Senator national debt is only coming because been large in this package. Join us. We from Oklahoma, the Senator from this stimulus package helps the middle want you to. We are not going to insist Ohio, the Senator from Maine, Ms. class with smart Government programs on a bill that is 100 percent spending SNOWE, who have talked repeatedly on education and health care and just as you should not insist on a bill about increasing the debt. But by and transportation. It is that simple. that is 100 percent tax cuts. We are not large, the speakers we have heard this My colleagues, this package is very going to insist on a bill that only in- morning and this afternoon and the much needed. Without it, we could end vests in the things we care about. We votes we have seen from the other side up in a Great Depression, as the defla- will meet you part of the way. But of the aisle, both under George Bush tionary spiral goes down. To talk just don’t give us the back of your hand be- and now—we didn’t hear much talk ‘‘no,’’ as so many on the other side do, cause we have made real efforts and we about generational debt. is reminiscent of Herbert Hoover. Back know the arguments about debt and Mr. SANDERS. Will my colleague in 1930, there was a recession about the generational theft ring hollow because yield? level of this one, and Herbert Hoover you didn’t make those arguments once Mr. SCHUMER. I am happy to yield said, ‘‘Do nothing.’’ The recession be- in the last 8 years when the deficit on my colleague’s time since I only came a depression. ballooned—a few did—when the deficit have 3 minute left. God forbid that happens now. Presi- ballooned because of spending on the Mr. SANDERS. Sure. Does my friend dent Obama is struggling mightily to Iraq war and spending on tax cuts, recall that for many years under Presi- prevent it from happening. He should largely for the highest income people dent Bush, the Republican leadership have broad support from both sides of in America. told us how imperative it was to repeal the aisle because, simply, this package I hope we pass this package. It is not the estate tax, which would cost this is a mixture of spending and tax cuts— perfect. I would draw it differently. My Nation $1 trillion over a 10-year period? I think it is 56–44; because this package colleague from Vermont would draw it Mr. President, $1 trillion—and who has accepted major amendments from differently than I would. But it is a lot were the beneficiaries of that tax the Republican side, the largest of all better than sitting here arguing and break? The top three-tenths of 1 per- from the Senator from Iowa—a reduc- doing nothing. The country is in tough cent. tion in the alternative minimum tax, shape. We have had the most difficult We are spending $800 billion, includ- something I have long supported. So economic time since the Great Depres- ing tax breaks for the middle class, re- this is a balanced package. sion. It requires concerted and smart building this country. What does my The horror the other side shows when action that President Obama has out- friend think about $1 trillion for the the Government will get itself involved lined. Please join us and help us move

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.058 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2294 CONGRESSIONAL RECORD — SENATE February 13, 2009 this country away from the difficult in my 33 years in the Senate where the bailouts started last year, we have only times we are now in. fiscal conservatives point of view has added nearly $2 trillion to our national I yield the floor. been in the majority, not one day. We debt. That did not happen when Repub- The PRESIDING OFFICER. The Sen- have won some battles because of great licans were in control of the Congress. ator from Utah is recognized. Presidential leadership or just plain The financial rescue package with $700 Mr. HATCH. Mr. President, as I un- gutsy leadership by the conservative billion and more for AIG and other derstand it, I have 7 minutes. Republicans, fiscal conservative Re- banks, we are beginning to wonder The PRESIDING OFFICER. The Sen- publicans. But, the Congress has been when the spending will end. ator is correct. run by the more liberal left Democrats I was amazed that in the last elec- Mr. HATCH. Mr. President, I enjoyed and a few Republicans who will side tion, the Democrats, who had voted for listening to my colleague from New with them on these issues. This has the financial rescue legislation, went York, as I always do. I was very inter- created too much spending. out and chewed up a few Republicans ested in Senator SCHUMER saying that One of the Senators on the floor yes- who also voted for that legislation. they have met us halfway. The first terday said, how can we take advice Even though most of the Democrats two bills out of this administration from people who ran us into bank- voted for it, they chewed Republicans have been the C.H.I.P. bill—that was ruptcy over the last 8 years? up for voting for it and defeated them completely put together by Democrats Well, Congress has exceeded the at the polls—talk about hypocrisy. without any input at all from Repub- President’s budget 20 times in the past We have seen very little success for licans and especially from people like 28 years. And it has always been be- our money, but even worse, we have me who wrote the original CHIP bill. cause of the liberal left along with a used it to save management and share- The second bill was a stimulus package few liberal Republicans to make a ma- holders of big banks, even as home- that was put together with no real im- jority in the Senate. owners were forced into default and petus and no real help from the Repub- Since President Reagan, Congress licans or any of us from this side. If Main Street businesses faced bank- has exceeded the President’s budget you watched the process, it was basi- ruptcy. Now we have a stimulus pack- every year except the years when cally we were told: Take it or leave it. age of $787 billion. President Clinton was in the White While there is bipartisan concern When it finally passed by a narrow vote House. Now, why did we match Presi- on this floor, by really 1, it imme- over the economy, this is a partisan dent Clinton’s budget when he was in diately went into a conference where plan. This stimulus bill will explode the White House? It was the first time basically Republican ideas were not the size of Government. Why? Because really considered. We were left out of you had a Republican Congress, and a the more you explode it, the more you negotiating this bill. President who agreed to a lower budg- get people dependent upon the al- I cannot help but paraphrase one of et. mighty Federal Government. The lib- the leaders of the White House who Today, the government spending as a erals who have been running us into said: We Democrats love crises. Why? percentage of gross domestic product is bankruptcy over all of these years will Because then we can pass legislation moving towards 40 percent. That is put us even more into debt. we would never otherwise get through government spending as a percentage I think conservatives need to be more the Congress of the United States or of GDP that is more in line with Eu- alert. If these provisions are made per- through the elected representatives of rope. 40 to 50 percent spending of GDP manent, and there will be a massive at- the people in the two bodies in the Con- is where Europe is. We are going tempt to make these permanent, the gress. through the ‘‘Europeanization’’ of the expansion of Government is going to be I am outraged by the amount of gov- United States of America. enormous. I do not know what you call ernment expansion that is contained in We have always had to give in to the it other than socialism. this bill. The Majority Democrats have left, because they have always been too Do not get me wrong. I am for a seized this opportunity to put all kinds many liberal people and a few Repub- stimulus bill that would work, that of programs in here that are not stim- licans who support liberal spending. would help homeowners, that would ulus, some of which may be very valid This has led to threats to our prin- strengthen research and development, in the regular appropriations process, ciples of freedom, self-reliance, and that would cut corporate and small but many of which are not stimulus, market-driven prosperity. business tax rates so that they can em- and are eating funds that should be An example is how our government is ploy more people, that would move far- going to help pull us out of these dif- taking over the financial sector. Why ther and farther toward creating jobs. ficult times. The legislation clearly are managers and shareholders of failed That would be effective. states that the funds appropriated in financial institutions not first in line However, this bill does not do that. I this bill should be for emergency uses, to bear the consequences of their mis- hope our colleagues will vote against yet there is plenty in this legislation taken actions? Why are we not fol- it. We have to stand up on something, that is not imminent. lowing the principles of a free market and this is a bill we should stand up on. I have to say that when my friend society? I yield the floor. from New York, Senator SCHUMER, The economy has been stronger than The PRESIDING OFFICER. The Sen- talks about tax relief they put in this the Democrats have been portraying it ator from Georgia. bill, it is not true tax relief. When you during those Republican years and dur- Mr. CHAMBLISS. I wish to be recog- start calling it a ‘‘Make Work Pay’’ tax ing the Bush years, in particular. nized for a unanimous consent request. credit, where they give refundable tax Democrats keep blaming the current I understood under the current unani- credits to people who do not pay in- economic decline on the failed eco- mous consent we are going back and come taxes, that is not a tax cut. It is nomic policies of the past 8 years. But forth. I would ask that Senator SAND- not even tax relief. It is a cost to ev- the economy grew each year over the ERS be recognized up to 5 minutes, then erybody else who works and pays in- past 8 years. We have only seen a de- Senator COBURN be recognized for up to come taxes, and it is not going to cline in GDP over the past 6 months 30 minutes, and then I be recognized for produce any jobs. under which both Houses being con- up to 7 minutes, and if a Democrat Now, I am not against helping those trolled by Democrats. Do not miss the comes in and wants to speak between who do not pay income taxes. I am not point. Over all of these years, we have Senator COBURN and myself that they against helping people who are out of had a liberal control of spending in the be allowed to do so. work. But, let’s call it what it is— Congress, and you cannot blame Presi- The PRESIDING OFFICER. Without spending. And let us not put this in a dent George W. Bush for that. He could objection, it is so ordered. stimulus bill, which is supposed to be have vetoed more, I have got to admit The Senator from Vermont is recog- effective immediately. Those provi- that, but the spending came from the nized. sions will not be effective for 2 or 3 left. Mr. SANDERS. Mr. President, my years from now. We are headed toward Government sense of history is a little bit different I have been in the Congress 33 years spending being 40 to 50 percent of our than my good friend from Utah. I was this year. There has not been one day gross domestic product. And since the under the recollection that George W.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.059 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2295 Bush was President for the last 8 years. Then they come to the floor of the cannot wait another 3 or 6 months to My recollection was that the Repub- Senate and they say, what a terrible see if economic conditions worsen. By licans controlled the House and the thing, you are investing $800 billion re- then it could be too late and we could Senate for 6 of those 8 years. My recol- building America, creating 3.5 million be in a depression which it could take lection is that during the last 8 years, jobs, giving millions of middle-class years to overcome. Now is the time to 6 million Americans slipped out of the and working-class Americans tax provide the tools the American people middle class and went into poverty. My breaks. What a bad idea that is. You will use, with creativity and drive, to recollection is that median family in- should do not that. We should not in- rebuild the economy and return us to come for middle-class working families vest $800 billion rebuilding America. prosperity. declined by over $2,000. My recollection We should give $1 trillion to the top The $789 billion economic recovery is that, yes, the wealthiest people in three-tenths of 1 percent. That is the plan before us providing jobs creation the country did very well under Presi- contrast in terms of how they want to and tax cuts for millions of Americans dent Bush but that ordinary people go and how many of us want to go. has the best chance to do that, I be- struggled to keep their heads above What this bill does is not only begin lieve. It is timely. This plan is a vast water. the process of rebuilding our infra- improvement over the first proposal The bill we are addressing this structure, not only begin the process of considered several weeks ago. evening is not perfect. I would have moving us away from fossil fuel and In the Senate, we faced a reality that written it differently. I suspect every- foreign oil, what we also understand is any economic recovery plan would re- one here would have written it dif- that middle-class families cannot af- quire at least 60 votes to overrule a fili- ferently. But what it does do is that in ford to send their kids to college. So we buster attempt and win passage. So I the midst of the greatest economic cri- are putting a significant sum of money and a number of colleagues came to- sis this country has faced since the in and expanding the Pell grant pro- gether to work across the political Great Depression, what we do is begin gram. aisle with a shared goal: Scrub as much to address the unmet needs of the This bill understands that in these pork, nonstimulative spending, and fat American people and we begin march- hard economic times, when millions of as possible from the bill to focus it ing forward to create the millions of our fellow Americans have lost their sharply on saving and creating millions jobs this country desperately needs. jobs, hunger in America is a real prob- of jobs. The group I dubbed the ‘‘jobs Most importantly, we begin the proc- lem. So we are putting money in for squad’’ included my friend Senator ess of moving America in a very dif- food stamps. We are putting money SUSAN COLLINS of Maine and five other ferent direction so that, in fact, this into energy, homeless shelters so that Republicans and some 15 Senators in country does not fall into a great de- those among us, those least able among my own party. I thank each of them for pression from which it would take us us, are protected. their contributions to making the bill years and years and tremendous human Working-class and middle-class fami- better and for helping Congress respond suffering to dig our way out. lies cannot afford childcare. We are to a national economy in crisis. What this legislation does is says putting billions into helping them get This legislation before us is also tar- that after years of neglect, let us cre- the childcare they need, the Head Start geted. There has been a lot of criticism ate millions of good-paying jobs by re- they need, and creating jobs in that of the final bill before us, and I agree it building our crumbling infrastructure. area as well. is not perfect. One criticism I have In the State of Vermont, our bridges This is an 800-page bill. It is not per- heard is that it will leave just $13 to $15 need work, our roads need work, our fect. Everyone knows that. But this in people’s pockets per week. To many water systems need work. That is true bill begins the process—— hard-working Americans, that is some- The PRESIDING OFFICER. The Sen- all over this country. where between $700 and $800 a year, ator’s time has expired. Let us put people to work rebuilding money they can use to pay electric or Mr. SANDERS. Of moving the coun- our crumbling infrastructure. That is gas bills, buy food or medicine, provide try in the right direction. It should be what this legislation does. For decades clothes for their children, take a bit of supported. now, people have been saying what a The PRESIDING OFFICER. The Sen- the stress out of their lives. Let’s look back a moment to recent terrible shame it is, how silly it is that ator from Oklahoma is recognized. we import every single year hundreds Mr. COBURN. I ask unanimous con- history. In 2003, under the previous ad- of billions of dollars of oil from foreign sent that the Senator from Nebraska ministration, Congress approved a countries. How silly it is. Well, finally be recognized next. major tax cut bill that included $20 bil- we are beginning to address that ab- The PRESIDING OFFICER. Without lion in economic stimulus for States. surdity. We are saying now and we are objection, it is so ordered. Senator COLLINS and I coauthored the investing in energy efficiency, we are Mr. NELSON of Nebraska. Mr. Presi- provision to help States cope with the investing in wind, solar, geothermal, dent, I thank my friend from Okla- loss of State revenues tied to the tax biomass, sustainable energy. homa for the courtesy of extending 5 cuts. The $20 billion in State aid was a Let’s end the talk of moving us into minutes of his time on the front end of one-time boost designed to end when it a new energy direction. Let’s invest in his time, so I will not be going between would likely no longer be needed. those areas so that America, in fact, Senator COBURN and Senator Eighteen months after the tax cut bill can become energy independent. My CHAMBLISS. passed, the aid to the States ceased. We Republican friends over the years have Our Nation’s economy is in trouble. have safeguards in the current eco- said what we need to do is give tax Over the course of America’s history nomic recovery bill that will shut off breaks to the wealthiest people in this our economy has been in trouble before spending in a similar timeframe. And country. In fact, right now, today, de- but rarely this much. Job losses in my 78 percent of the spending in this bill spite the fact that we have the most State of Nebraska and across the Na- will be completed by the fall of 2010, unequal distribution of wealth and in- tion are climbing, and the recession overcoming the old wives’ tale that come of any country, the Republican that began some 13 months ago is ac- this money will only be spent at the leadership today says, let’s repeal the celerating. end of the legislation. estate tax. Of the 3.6 million who have lost their This legislation clearly is temporary. Do you know that if we did as the Re- jobs, nearly half received a pink slip in As I said, it is not perfect, but it has publicans wanted and repealed the es- the last 3 months. Everyone in Con- the support of such major organiza- tate tax completely, we would provide gress knows we need to act, and to act tions as the National Association of $1 trillion in tax breaks to the wealthi- soon, to try to stop our economy’s Manufacturers, the U.S. Chamber of est three-tenths of 1 percent, million- downward slide, and to ease the in- Commerce, and, in my State, the aires and billionaires all? Not one per- creasing hardship felt by millions of Omaha Chamber of Commerce, and son in the middle class would gain one American families, business owners, others. Members of these groups will be nickel from that effort. It is one tril- workers, students, and seniors. able to use money from this legislation lion dollars for the three-tenths of 1 The time is now to begin turning this quickly to hire new workers, tackle in- percent. recession toward recovery. Congress frastructure needs nationwide, expand

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Nebraska’s K–12 school districts have and as we did, and we get into money to invest in new ideas which will receive about $236 million to pre- trouble, it is important to recognize create opportunity, which create jobs, vent cutbacks, teacher layoffs, to mod- what we did wrong, if we are going to which create increased standards of liv- ernize schools, and for other purposes. try to fix it. ing. For State flexibility money, Nebraska The other thing I am tired of hearing So going back, how did we get here will receive about $52 million to help about—and I think the American peo- and what is the real problem for us to rebuild vital educational and other ple are too—this isn’t a Bush, Clinton, create a stimulus bill right now, before State infrastructure. It can also be or Obama thing. This is a Congress we have a way to solve the housing and used to help State government provide thing. No President can spend money mortgage crisis—because the bank services and avoid layoffs of critical without us allowing it to happen. I al- problem wouldn’t be there if the mort- employees such as State troopers and most laughed when I heard the claims gage and housing crisis wasn’t there, public safety officers. Nebraska is esti- on the Senate floor from both sides for us to fix those first before we do mated to receive another $310 million about the trouble we are in and how we this and for us to have a plan to do in additional Medicaid assistance, pre- got there and deficits and the Senator that—as a physician, one of the things serving needed health coverage for low- from Vermont and his claim of a tril- I notice is, if somebody comes into the income Nebraskans who will feel the lion dollars. emergency room with chest pain, it is economic downturn more than many I think the CBO cost on that was $60 one of three or four things. Either they others. billion on estate taxes. But the idea have an esophageal spasm or their The PRESIDING OFFICER. The Sen- that we would put a blame on anybody esophagus is irritated or they have ter- ator has used 5 minutes. other than ourselves, the truth of that rible reflux where the fluid from the Mr. NELSON of Nebraska. I thank is, go look at the votes on appropria- stomach acid is burning the esophagus the Senator from Oklahoma for the tions bills for the last 8 years. It is or they are having angina, heart pain, time. I thank the Chair. nearly 100 percent on one side and al- due to lack of blood supply. If you I yield the floor. most 95 percent on this side of people treat the symptoms, you can make The PRESIDING OFFICER. The Sen- voting to spend money we didn’t have that angina go away, but they still ator from Oklahoma. for things we didn’t need. have a vascular abnormality around Mr. COBURN. Mr. President, I have It is important the American people, the heart that could kill them. been sitting here for about an hour. I as they see us trying to work through My worry with this bill is that we are have to think the American people are a process, No. 1, reject any partisan- treating symptoms. We are not treat- pretty sick of what they have been ship they will hear. When somebody ing the disease. We are arguing, par- hearing. We heard the Senator from starts being partisan, turn the TV off tisan arguing: Was this a bipartisan New York talk about how bad the Re- because what it means is, they don’t bill, wasn’t it a bipartisan bill; you did publicans were. We heard the Senator have anything substantive to talk this over the last 8 years, you did this. from Utah talk in Hobson fashion. It about if they are pointing their finger We need the country thinking forward, doesn’t come anywhere close to solving at somebody else. the problem. I think we ought to have The second question we ought to ask not backward. The guide for that has a discussion about how we got here. is, is what we are doing going to fix the to be the Constitution, which every How do we find ourselves in the mess problem? Here is the problem. The Member of this body is sworn to uphold we are in? I think we can look at his- problem goes back to this. We set up but violates daily. We are in this trou- tory. two agencies, Fannie Mae and Freddie ble because the Congress put us in this There was a great historian named Mac, to socialize the risk for homeown- trouble. The blame lies solely here. Alexander Tytler. He looked at the an- ership, a total violation of what is in Let me talk about the bill for a cient Greeks and looked at what hap- this book. It is a total violation. Then minute. This is the bill. I won’t pick it pened to them as they fell. He said this we said: Maybe we can help people a up and wave it around for fear I would about republics. He said: All republics little more, so let’s go to subprime be called into account of using theat- fail. They fail as soon as the people fig- mortgages and let’s bonus the people rics. But do the American people real- ure out they can vote themselves who work at the GSEs, Fannie Mae and ize nobody who is going to vote on this money from the public treasury. Freddie Mac. The more subprime mort- bill has read it? There is $727 million There is no question we are in hard gages they take, the more money they worth of spending on every page of this times. There is no question we need to make. bill. That is what it averages out. So do a stimulus package. There is no If I remember, one former leader of not counting interest, we have a less question the Federal Government has Fannie Mae made $140 million because than $800 billion bill that had 30 the power to make a big difference in a we bought mortgages he knew people amendments in the Senate before it lot of people’s lives who are hurting weren’t going to be able to pay for, but went to conference. We hear they are right now. I don’t think it would be the incentive was there, in a quasi gov- accepted. Some of them were accepted. fair to say that there is anybody in this ernment-owned agency, to do some- We voted on one unanimously, and it Chamber who doesn’t want to try to ac- thing that is outside of the enumerated got thrown out in conference, just a complish that. The difference is, how powers of the Constitution. simple little thing like maybe we do you do it? In doing so, what kind of So as we abandon principles, the best ought to make sure that contracting is problems do you create? way for us to solve the problems in competitively bid. Now the language The way we got here is abandoning front of us is to go back and look at reads we ought to try to do that, but this little booklet. If you read article I, the principles. we will not make sure that happens. section 8 of the Constitution and then The other concern is, do we have the I brought along with me, thanks to read what the Founders had to say potential to make things worse? No- somebody down in the Senate gift shop, about article I, section 8, it is called body has talked about that today. Does this little green item. It is called a the enumerated powers. They were what we are doing have a potential thimble. In Oklahoma, we have a state- very clear in the role of the Federal downside? You can’t talk to one econo- ment for that kind of thinking. It is Government. We are in trouble today, mist who doesn’t say yes. As a matter called ‘‘there is not any more common- this Nation is in trouble today—not of fact, by CBO’s own score, 10 years sense than what can fit in a thimble.’’ something we can’t get out of, we can; from now this will either have zero ef- So when we take out something that is not something that the American spir- fect or anywhere from a minus 2 to a agreed to unanimously in the Senate to it won’t overcome—because we let the plus three-tenths effect on the econ- mandate competitive bidding so even if

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We are now, with this we as a nation have been brought for- The conference did clean it up so you bill, embracing Great Britain’s health ward with? I will tell you what I think can’t truly find out where the ear- care system. What we are saying is it is. I think the heritage we have is marking is. You could find it out a lit- that we are going to allow the Govern- that one generation was willing to tle bit before it went to conference. ment in the future to decide what care make hard choices and hard sacrifices Now you can’t pinpoint it all. But we you will get. It is called comparative so the generation that followed would are going to move from earmarking to effectiveness, and it is going to be have greater opportunity—greater op- a concept called ‘‘phone marking.’’ It is based on cost, not clinical outcomes. portunity—a higher standard of living, a new concept. It is more powerful than We are going to abandon the knowledge more freedom, more liberty. earmarking. Phone marking is this: of physicians, the experience they have What have we done? We are going in This bill gets signed, $500 billion of it is with their patients, the 8 to 12 years of reverse. What we have been doing for going to be disbursed through the agen- additional training they have and the the last 10 to 15 years in this country, cies. Guess what is the first thing that lives that have been dedicated to im- what we have been saying is we will is going to happen after President proving the health of their patients. take it now. Kids, you lump it. As an Obama signs this bill. Members of Con- We are going to abandon that to a bu- example of that, if you look at 2008, the gress and Senators are going to be on reaucracy where the Government says: Federal Government spent $25,000 per the phone saying: I want this money We know best. household of your money. A good por- spent here and here and here, and if We are going to do that because we tion of it—a third of it—was borrowed. you don’t, in your appropriations next cannot afford Medicare in the future, But we spent $25,000 as a Federal gov- year, you are going to suffer. and we are going to say, just like Eng- ernment per household. With this bill, That is exactly what will happen land says, if you only get 1 more year we are going to spend $38,000 per fam- with the money in this bill. Everybody of life, then the most we can spend on ily—just with this one bill. And we are who works inside Washington knows you is $49,000. If you are 75 years of age hurrying it up. We have to get it done exactly that will be what happens. and you are a Medicare patient and you right now because there are CODELs, We have heard talk about the ear- fall and break your hip, we are sorry, trips, and junkets waiting for Members marks. I won’t try to repeat some of we are not going to do it because it is to go on, including the Speaker of the the things that are in this bill. But I not cost-effective. House. will talk about one. We have a private The first leg of you losing a doctor- So we have a bill that nobody has company that was developed. It has patient relationship and the freedom to read, that has some real questions spent several million dollars devel- have health care decisions made by you about whether it is going to be stimu- oping a railroad from California to Las and your caregiver is buried within lative, that has taken out good finan- Vegas. this bill and will kill health care in cial controls such as competitive bid- Do you know what this bill does? It America as far as its quality. You will ding, taken out listing priorities, and wipes them out. They invested private get access—you will get to wait just we are going to vote on it tonight, with capital to develop a railway. In excess like Canada and England do—but you nobody ever having read it. That is of $10 million has already been invested will kill the quality and will kill med- about as bad as the partisan bickering in that, and with the wisp of one ear- ical innovation in this country. This we have heard. mark, we are going to bankrupt people country leads the world. Mr. President, Does it serve us well to hurry and do who invested their life savings to try 7 out of every 10 major breakthroughs something when we do not know what to do something good because the Gov- in medicine occur in this country. And we are doing? Now, there are some staff ernment is now going to do it through the reason? It does not mean we have a members who know some of what is in an earmark and going to try to accom- good system now. It needs to be im- here. But there is not one person who plish something that has only been proved. knows the full extent. Mark my words, done in one country and not effec- Here is the theory as I have observed within a month, we will be back in here tively. It costs $100 million a mile to it in the 10 years I have been in Con- passing a bill to do all the corrections build a maglev train, and we are not gress: Never do what is best when you to this bill that we do not have right going to see any of that money spent can do what is safe. That is how it op- and correct at this time. That is how for 4 or 5 years because the technology erates in Washington and throughout sloppy we do our work. So it is not is not here. the Federal agencies. They are risk only sloppy in terms of our effort, it is That aside, there also was an amend- averse, just like the politicians are sloppy in terms of our theory. ment that truly would have done some- risk averse to challenging priorities in I would also add we are going to thing to fix the real problem: housing— this bill, that we ought to have prior- move from $2,000 per family in interest the Isakson amendment, with a $15,000 ities to spend the money for what costs to $4,817 per family this next tax credit, if you are buying a primary would get the most jobs, the most eco- year. Now, in my State, the average residence, whether it is a foreclosed nomic benefit. family income is below what the Fed- home or a new one. It would have done I had an amendment that was adopt- eral Government is going to spend with something magnificent in terms of ed. It had 73 or 74 votes. It got watered this bill. In my State, average family lessening the crisis in housing. down and divided in conference because income is under $36,000. Yet we are What did we do? Out. It had an over- a lot of special interest groups said: going to spend $38,000 this next year whelming vote in the Senate, but it is Oh, no. You can’t do that. So what did per family in this country, and we are out. How do you explain that? What is we do? They are not a priority as far as going to justify we had to do it to get going on here? What is going on here is what we should be doing right now. As us out of trouble. And we are going to the initiation of what Alexander Tytler a matter of fact, 80 percent of—most of do it because we did not fix the real talked about: the failure of a republic. the groups that were complaining problem, we are treating the symp- And it is about short-term politically, about it get their funds from private toms. We are all going to feel good, and expedient thinking to the benefit of sources. The best way to get them we are all going to take the invite of politicians, instead of what is the best funded back up is getting private the Senator from New York to come on right thing we can do for our country. sources moving again in terms of the over and join us. The very claim that Senator MCCAIN economy. But what did we do? We The fact is, my oath as a Senator did not offer a substantive bill that chose the politically expedient path. should disallow me from ever voting would have significantly increased the Again, it was not often thought of—po- for this bill. Anybody who votes for

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Who yields time? houses that have been foreclosed on ing the symptoms as reflux or esopha- The Senator from Georgia. out of the inventory of the financial in- geal spasm, but we actually go in and Mr. CHAMBLISS. Mr. President, I stitutions across this country and al- take the clot or the plaque out of the think I have 7 minutes under the con- lowed our developers to get back to artery that surrounds the heart? Isn’t sent. Will you let me know when I have work. It would have taken those devel- that what we should be doing? a minute remaining, please. opers now in their own partially devel- Shouldn’t we be fixing the real prob- The PRESIDING OFFICER. The oped—or in some instances totally de- lem? Chair will notify the Senator. veloped—subdivisions and given them While we are at it, we ought to be fix- Mr. CHAMBLISS. Mr. President, I the opportunity to get back into the ing us because we are the rise to speak in opposition to this bill, marketplace with credit being freed up cocommitters of the real problem. and I do so somewhat reluctantly be- and continue to develop those subdivi- Shouldn’t we all be thinking long-term cause I do not think there is an indi- sions and build houses and put car- rather than short-term political ben- vidual who is a Member of this Senate penters back to work and plumbers efit? Shouldn’t we be realizing what is who does not agree that something back to work and folks who lay carpet expected of us? needs to be done. back to work. That is the kind of stim- I would hope Americans tonight, if We are in a financial crisis in this ulus that needs to be done to get the they have children, will go and look country today. We are in not just a fi- housing industry back on track. into the eyes of their children. There is nancial industry crisis but every Unfortunately, during the conference something you see in children in this household has their own financial cri- that took place over the last several country that is very different than sis they are looking at. We have folks days, starting, I think, at midnight the when you look in the eyes of some out of work. We have folks who are other night, from what I hear, and con- starving African child or some Third looking at their homes being fore- cluding maybe at midnight the next World country child. What you see, closed, some of whom are even still night, that provision was taken out. when you look into those beautiful working. We have real issues that need So with this bill, as we see it on the brown, blue, green or hazel eyes, is to be dealt with. The question becomes: Senate floor today, the Isakson amend- hope. How do we solve this problem? How do ment has been so watered down that it I think about my four grandkids and we, as policymakers, act in a respon- is meaningless. It is not going to be an the one who is on the way. When I look sible way to address this crisis? incentive on the part of anyone to buy in their eyes, I see hope. Then contrast There are three real issues that need a home. that with the pictures you have seen of to be addressed, in my opinion. First of Now, we don’t have one single provi- the despair and look of no hope of the all, the issue that got us into the crisis sion in this bill that is going to be kids around the world who have not mode we are in is the housing industry. voted on, on the floor of the Senate to- had the opportunity of this country. The housing industry crisis started night, that is going to really stimulate What we are doing is we are stealing years and years ago. I could go all the and invigorate the housing sector of some of that hope tonight from our way back to the Carter administration our economy. children. and talk about bills that were passed Secondly, there was another amend- If you do not have a young child but by this body that started the ball rollment I thought was a pretty good you have one who has grown up, think ing. It steamrolled in subsequent ad- amendment. I didn’t know about it back to that picture you have on the ministrations and came to a head last until we got the bill on the Senate wall and look into those eyes and say: summer and last fall, when we saw floor, but it was a Democratic amend- Do you want to steal that hope? Be- foreclosures reach an alltime high, and ment by Senator MIKULSKI from Mary- cause that is what we are doing. We are they have gotten higher ever since. We land. Her amendment basically said: limiting their liberty economically. We saw the financial sector of our econ- Look, you are not going to stimulate are limiting their freedom to be the the automobile industry by writing best and brightest and have the great- omy collapse. But that does not do us est potential that any society has ever any good to talk about that. checks to Detroit. The way you stimu- We have to deal with the cards we offered their youngest citizens. That is late the automobile industry is to put have in our hand today, and we have to what we are doing with this bill. people in the showrooms around Amer- I will close with this and reserve the look forward. But let us make no mis- ica. I am trying to buy a car right now, remainder of my time. There was a take about it, if we do not fix the hous- and I was particularly interested in President we had who made a state- ing crisis this country is in, all the what she had to say because what her ment that was fairly popular, but it hundreds of billions of dollars and tril- amendment did was to allow an indi- has great application right now. He lions of dollars we have obligated and vidual who bought a car and financed said: Freedom is a precious thing. It is are about to obligate are not going to that car to deduct the interest paid on a precious thing. It is never guaran- be spent in the correct manner because that loan at the end of the year off of teed. It is not ours by inheritance. It we have to fix the housing market. We their income taxes. Pretty good idea. has to be fought for and maintained have too many households in America For somebody who is in the market for and won by every generation. that are upside down. Upside down an automobile, that may have been the As we embrace this bill, we are sell- means the home they have now is final thing that put them over the top. ing out the heritage of our country. We worth less than what they owe on it. Unfortunately, that particular amend- are denying the hope and joy in those Those particular households all across ment, too, has been so watered down young eyes and we are limiting the America are struggling right now with that it is meaningless. It is not going freedom our children will enjoy. We the decision of whether they are going to do one thing to incentivize or stimu- can do better. We must do better for to continue to make their house pay- late an individual to go out and buy a this country. Our country needs states- ment or whether they are going to just car today. men who will sacrifice themselves for let the foreclosure proceed so they The next issue that needed to be ad- the best interests of the country rather don’t have to make a payment on a dressed is job security and job creation. than the best interests of their party or house that is worth significantly less Are there provisions in this bill that the best interests of their political ca- than what it was when they bought it. seek to create jobs? You bet there are. reer. There was a provision we debated on Out of $789 billion, I would hope some Freedom is precious. We are going to the floor of this body last week called of those billions of dollars would do take a bit of it away tonight. It is the Isakson amendment. My colleague that. Certainly, with respect to part of

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.066 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2299 that money that is going to infrastruc- statutes’’ is intended to ensure that ex- They are both adopted from the Senate ture projects, to build roads, to build isting Federal procurement laws appli- version of the bill. First, the Senate highways, to do waterworks projects, cable to programs that allow for set- bill included a $5.5 billion discretionary there are going to be jobs created by asides and direct-award procurements program that could be used for high- that, and I have an appreciation for for service-disabled veteran-owned way, transit, as well as freight and pas- that fact. However, the fact is, it falls businesses, minority-owned businesses, senger rail projects. The conference re- way short when it comes to looking at tribal enterprises, women-owned busi- port funds this at $1.5 billion. There is the percentage of spending that is allo- nesses, HUB Zone qualified businesses a threshold that the projects must be cated in this bill to infrastructure and other entities covered through between $20 million and $500 million. I projects. It is minuscule—minuscule— SBA programs, as well as, for example, am informed that this is too high a compared to the total amount of $789 the Javits-Wagner-O’Day Act Program, threshold for most short line rail billion that has been allocated, and remain fully applicable to contracts projects. Fortunately, the conference when you add the interest, the $1.2 tril- initiated under this Act, is that cor- report stipulates that the Secretary lion that we are going to obligate to- rect? may waive the requirement for smaller night if this bill does, in fact, pass. Mr. INOUYE. The Senator is correct. cities and regions. It is my under- There is a way we could have ad- Nothing in this act overturns or standing that these investments may dressed job stabilization and job cre- changes the existing procurement laws include short-line railroad projects ation. In the McCain amendment that for the SBA or similar programs or the that meet public benefit tests such as was on the Senate floor, there was a Javits-Wagner-O’Day Act. Since ap- those stipulated in the Energy Act of provision in that amendment that said proximately 80 percent of the jobs in 2007 and provide a benefit to highway the United States are created by small we can incentivize the small business users. Second, the conference report in- businesses and since one of the main community—which is the heart and cludes $27.5 billion for highways and purposes of the American Recovery and soul of the job creation sector of our surface transportation infrastructure. Reinvestment Act of 2009 is to get peo- economy—we can incentivize that The conference report explicitly states ple back to work as soon as possible, small business community to grow that grants may be for passenger and the intent of this stimulus package is their business. freight rail transportation projects. that small businesses, including those The PRESIDING OFFICER. The Sen- The flexibility criteria states that a participating in SBA programs, will be ator’s time has expired. project must be eligible under Section Mr. CHAMBLISS. Do I not have a able to participate in spending pro- 133 of title 23 601(a)(8) which reads in minute left? grams contained in the bill so long as part ‘‘for a public freight rail facility The PRESIDING OFFICER. The Sen- the contracts are awarded following ex- or a private facility providing public ator’s time has expired. isting Federal law for competitive and Mr. CHAMBLISS. I am sorry, I direct award procurements. benefit for highway users.’’ My under- thought you were going to let me know Ms. MURKOWSKI. I thank the Sen- standing is that short line rail projects when I had 1 minute left. ator for this clarification. that ‘‘provide a benefit to highway I ask unanimous consent for 1 addi- SMALL FREIGHT RAILROAD PROJECTS users’’ are be eligible for this funding. tional minute. Mr. SPECTER. Mr. President, I seek I would ask the distinguished chair of Mr. DURBIN. Mr. President, reserv- recognition to clarify a provision in the Transportation, Housing and Urban ing the right to object, I ask unani- the American Recovery and Reinvest- Development and Related Agencies Ap- mous consent for 1 additional minute ment Act. It is my view that our na- propriations Subcommittee if I am cor- to Senator INOUYE of Hawaii. tional transportation policy should rect in my understanding that the Sec- The PRESIDING OFFICER. Without promote a balance between the high- retary may waive the $20 million min- objection, it is so ordered. way and rail freight shipment modes. imum requirement under the discre- Mr. CHAMBLISS. Mr. President, the In promoting this concept of modal tionary grant program and that short fact is, that amendment should have balance, I have particular interest in line and other freight rail projects that passed. It didn’t pass. That would have the well-being of the 500 short lines and provide a benefit to highway users are gone a long way toward stabilizing and regional railroads of America. I am ad- eligible under the $27.5 billion highway creating jobs in this market. vised that these railroads operate 50,000 infrastructure investment. The third part of this is that we need miles of line, nearly 20 percent of the Mrs. MURRAY. Mr. President, yes, to be compassionate. We need to extend entire system. They connect commu- the Senator from Pennsylvania’s un- unemployment benefits. That is an ap- nities and entire rural regions of the derstanding is correct. The conference propriate part of spending but, again, country to the mainline rail network. report does give the Secretary of minuscule compared to what is being These carriers provide essential eco- Transportation authority to waive the spent here. nomic and environmental benefits pri- minimum grant size under the discre- This total amount of $789 billion marily in rural regions of the country, tionary grant program for the purpose which translates into $1.2 trillion has including those in my State. to be paid back. The Lord has blessed Pennsylvania has 54 small railroads of funding significant projects in my wife and I with four grandchildren, that operate over 3,000 miles of line. It smaller cities, regions or States. Addi- two of whom we have had for about 10 is estimated that if these railroads are tionally, funds provided for investment and 12 years, and two of whom were abandoned, Pennsylvania highway in highway infrastructure maybe be just born about 60 hours ago. It is those users would sustain additional pave- used for passenger and freight rail grandchildren of mine and the children ment damage of $87 million annually. transportation and port infrastructure and grandchildren of everybody in this This alone, in addition to the docu- projects. Senate and all across America who mented environmental and congestion Mr. SPECTER. I thank the Chair- bear the responsibility of paying this relief benefits of freight rail, is a nota- man. money back. When we spend money, we ble public benefit to highway users. In ECONOMICALLY DISTRESSED COMMUNITIES are obligated to spend it judiciously 2007, Congress enacted Public Law 110– and responsibly. This expenditure of 140, the Energy Act of 2007, and chapter Mr. WARNER. Mr. President, I rise $1.2 trillion is not going to stimulate 223 created a new program of capital to engage my colleague, the chair of this economy, and this bill ought to be grants to class II and III railroads to the Environment and Public Works defeated. preserve this essential service. I be- Committee, in a colloquy. The Rein- Mr. President, I yield the floor. lieve that this provides an authoriza- vestment Act we are passing today pro- SOCIOECONOMIC PROCUREMENT PROGRAMS tion and public interest justification vides a unique opportunity for some of Ms. MURKOWSKI. It is my under- for funding small rail projects with our most economically distressed com- standing that the language in section stimulus appropriations. munities to connect to our Nation’s 1610 that reads ‘‘is otherwise author- There are two programs within the transportation network. We have ized by statute to be entered into with- American Recovery and Reinvestment ‘‘shovel ready’’ projects that are in out regard to the above referenced Act that are of particular applicability. need of funds. As the chair knows,

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.068 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2300 CONGRESSIONAL RECORD — SENATE February 13, 2009 these Federal funds have enormous po- long way toward the goal of trans- families, and it produces an immediate, tential to help complete work on forming our national transportation stimulative effect as the fund flows. projects and help bring jobs and eco- system, including rail service for many Voting no is the real generational nomic development to our commu- people in my home State of Illinois theft. Now, some of my colleagues on nities. I ask my colleague, in helping who want to ride the trains today but the other side of the aisle have claimed to draft this legislation, is it her inten- simply can’t find a seat on our over- that this bill amounts to ‘‘generational tion to ensure that projects already crowded trains. theft.’’ My answer is this: We are steal- under development in distressed com- The conference report invests $4.7 bil- ing from our children’s future if we fail munities receive full consideration lion in extending broadband access to to act today. If we don’t act, we are under the law? underserved areas, so that all Amer- stealing from millions of children the Mrs. BOXER. Projects in economi- ican families and businesses can ben- one thing that is more important than cally distressed communities are a efit from the technology of the 21st anything else: hope. high priority in this legislation and century. These investments will create We are trying to save or create 3.5 those projects should be addressed on good-paying jobs here in America. And million jobs with this bill. Those jobs an expeditious basis under applicable all Americans will benefit from strong- aren’t just numbers on a page; they Federal requirements. er transportation and telecommuni- represent real lives—real fathers and Mr. DURBIN. Mr. President, our Na- cation systems in this country. mothers who either can or cannot tion is in a serious recession. The In the area of tax cuts, 95 percent of make ends meet for their little ones. American recovery and reinvestment all working families in America will Are we not stealing hope from our conference report that we now have be- receive a tax cut of up to $800. Mr. children if we tell millions of parents fore us will help create or maintain 3.5 President, 26 million families will be that they have to go home to their kids million jobs. shielded from paying additional alter- and explain that there is no more The question before my colleagues is native minimum tax payments for 2009. money coming in to put food on the this: Will we act together to reinvigo- Small businesses will benefit from new table? rate our economy, turn the tide on this tax provisions related to expensing, net Are we not stealing hope from mil- recession, and create those 3.5 million operating loss carrybacks, and capital lions of children if we take away the jobs, or will we say no? gains. These tax cuts will help Amer- security of being able to sleep in their When we cast our vote today, we are ican families keep food on the table own bedrooms each night, if we stand not choosing between the bill we per- and will help many small businesses aside as they are thrown out on the sonally would have written and the bill stay in business and weather the storm street when the banks come to take before us. The choice before us today is of this economic downturn. away the keys to their homes? between the bill we have before us and On education, Pell Grants will be in- Are we not stealing hope from our doing nothing. And we simply cannot creased by up to $500 per student so children if there is not enough money afford to do nothing. that more students can stay in school to allow them to go to college because The recession is the most pressing even as the finances of their families all of the money that might have been threat to our national security. deteriorate. Illinois students will re- saved needs to be used now to keep the I have spoken often on the floor over ceive over $650 million from this na- family from going bankrupt? the past several weeks about the tional investment in their future. This bill commits generational theft? alarming job losses that continue to es- A new American Opportunity Tax We have been told by economists calate each day. That alone should be Credit will provide eligible students across the political spectrum that to- enough to convince my fellow Senators with up to $2,500 to help with tuition day’s economic malaise is greater than we must act. and expenses. Over 150,000 students in anything we have experienced since the Yesterday, we heard a new argument Illinois will benefit. Great Depression. We have been warned for action. President Obama’s top in- Some argue that we shouldn’t be in- of the potential for a decade of more telligence advisor, Director of National vesting in education because it isn’t lost growth. Intelligence Dennis Blair, told us yes- ‘‘stimulative.’’ I disagree. What is the What is the cost to our children, if terday that the deteriorating global impact on the economy if students all they inherit an economy from us that economy is now the greatest threat to over the country have to drop out of is stuck in reverse or neutral for years America’s national security—a secu- school because their families can no and years? If we have a way out of this rity threat more grave even than ter- longer afford the cost of higher edu- crisis and we fail to act, isn’t that the rorism. cation? How does that help turn around real generational theft? He said: our economy and sustain our economic Voting no today steals hope from our Roughly a quarter of the countries in the strength over time? An investment in children. Voting no today steals eco- world have already experienced low-level in- those students pays off now, and it nomic growth from our children. Vot- stability such as government changes be- pays off again later, as they emerge ing no today steals a more secure fu- cause of the current slowdown. from school better prepared to partici- ture from millions of children. Director Blair said that the most im- pate in a renewed economy. That is the theft we commit today if mediate fallout from the worldwide On health care, out-of-work Ameri- we fail to send this recovery bill to the economic decline for the United States cans trying desperately to maintain President’s desk. will be ‘‘allies and friends not being the health care coverage they received Mr. GRASSLEY. Mr. President, I able to fully meet their defense and hu- from their former employer will re- would like to speak on concerns I have manitarian obligations.’’ ceive help from the Government with with the Medicaid and welfare provi- We have a bill before us that is ready their COBRA payments. The Govern- sions in the conference agreement we to be sent to the President’s desk. ment will pay 65 percent of COBRA pre- will be voting on shortly. What could any of us be waiting for? miums for up to 9 months while these This bill would provide an $87 billion The global economy will only recover individuals look for work. slush fund for the States. if the largest economy in the world— States will receive more Medicaid As I have said on the Senate floor nu- ours—begins to recover. That is what funds to help low-income children and merous times during this debate, this bill is designed to do. their families keep their Medicaid cov- States don’t need $87 billion for their The bill provides a long list of crit- erage. My home State of Illinois, for Medicaid Programs. ical investments. The powerful invest- example, will receive $2.9 billion over 2 The Congressional Budget Office ana- ments in America contained in this years. lyzed an amendment I wrote to target package are too numerous to list, but It is critical that families receive funds just for enrollment-driven in- here are a few highlights: this modest but vital help as they try creases in Medicaid spending. The non- On infrastructure, the conference re- to stay afloat and desperately look for partisan Congressional Budget Office port includes a critical $8 billion in- new jobs. Providing insurance against gave us the answer for how much it vestment for our intercity passenger the costs of health emergencies is a would cost to provide federal funding rail system. This funding will take us a fundamental way to help struggling for the additional Medicaid enrollment

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Giving States almost eight times This bill also relieves States of the subtitle shall affect the independent what they need for enrollment-driven responsibility to engage able-bodied authority of an inspector general to de- Medicaid does not meet the definition adults on welfare in work training, termine whether to conduct an audit or of targeted in my book. work experience programs or edu- investigation of covered funds.’’ Again, Now, we will hear that this $87 bil- cation. a nice statement that reinforces the lion Medicaid slush fund for States is It makes no sense to promote policies fact that we want inspectors general to necessary to avoid tax increases at the that encourage States to expand their be independent, but, unfortunately, the State and local level. We will also hear welfare rolls while loosening require- provision doesn’t stop there. that vital State services will be cut un- ments on States to provide work train- If you read a little further you will less the Federal Government cuts this ing, work experience programs or edu- find that the bill gives a new entity, big blank check to the States. But cation. At this critical time, these job the ‘‘Recovery Accountability and when asked to tie the taxpayer dollars training activities are even more im- Transparency Board’’ the authority to, to guarantees that the States will not portant than ever. request ‘‘that an inspector general con- raise taxes or cut services, we have These changes will not stimulate the duct or refrain from conducting an been turned back by Members on the economy nor will they lead to produc- audit or investigation.’’ It goes on fur- other side. tive jobs. In fact, these policies could ther to say that if an IG objects to I heard some folks on the other side trap families in deep and persistent being told what to do and acts inde- of the aisle claim the formula for dis- poverty. pendently—as we expect them to—he tributing the funds better targets relief Mr. President, that is clearly not or she must submit a report to that to the States that need it most by what we should be doing in this bill board, the agency they oversee, and to using unemployment rates in the for- and it is another reason why I am un- Congress within 30 days. Now, I don’t know about everyone mula. able to support the legislation. Using unemployment makes sense to Mr. President, I am back again to else around here, but that sounds to me target—there is nothing wrong with speak about some provisions that are like a lot of redtape for an independent watchdog to go about doing their job. that. But it doesn’t work if you then buried deep within this stimulus bill In fact, it is fitting that the acronym funnel the money for the States that was put together behind closed for this board is RAT, because that is through Medicaid. doors without input from the minority. what I smell here. Let me explain. Every State has a I know this was done behind closed But, most importantly, this provi- different sized Medicaid program— doors because I was a conferee to the sion strikes right at the heart of any negotiations and I wasn’t even in the some States have bigger Medicaid Pro- inspectors’ general independence. It ap- room. grams and some have smaller ones. pears to me that the majority that By using Medicaid to distribute the Now, I have always been a strong ad- crafted this bill, isn’t all that inter- 87 billion, the formula in the bill nec- vocate of opening up Government, making it more transparent, making it ested in transparency and account- essarily biases the funds towards ability. Let me say it loud and clear: I more accountable, and shedding some States with large Medicaid Programs, don’t like this one bit and from the sunlight on how the Government works like California, Illinois, Massachusetts chatter I hear, the IGs don’t like it ei- for the people. So, in that vain, I am and New York. ther—especially if it involves a crimi- here today to shed some light on provi- Now we’ll hear that those States nal investigation. need more because they have larger sions hidden away in the conference re- Now, some of my colleagues will say Medicaid Programs. But remember it port that will actually hurt trans- this isn’t too burdensome and that it only takes $10.8 billion to pay for en- parency and accountability of taxpayer will help coordinate the work of inspec- rollment-driven Medicaid spending in- dollars. tors general. Others say that the new creases. Inspectors general are the front line board will contain IGs who will have So States like California, Illinois, against fraud, waste, and abuse of tax- input so it won’t stifle investigations. Massachusetts and New York get fa- payer dollars at Federal agencies. They Both of these arguments lack merit vored treatment and everyone else gets are independent from the Federal agen- when you peel the onion back. short-changed. cies they oversee and are independent Any new limitation on the independ- Simply put, this way of targeting from Congress. They are the watchdogs ence of inspectors general is dangerous. misses the target. The formula in this that are responsible for sifting through Here, even though an inspector general bill clearly fails the targeting test of all the budgets and expenditures by is allowed to buck the new board and the three Ts. conducting audits, performing program continue an investigation they are told This bill also undermines key prin- evaluations, investigating allegations not to do, he or she must then put to- ciples of welfare reform. While it of wrongdoing, and working closely gether a report for that board, the makes sense to provide a safety net for with whistleblowers to uncover the agency that is being investigated, and families that have lost their jobs, this truth. Inspectors general point out Congress, all within 30 days. This will bill moves welfare policy in the wrong problems that need to be fixed and save take resources away from investigating direction. taxpayers billions of dollars a year. and auditing fraud, and turn a truly The historic Welfare Reform law They are integral to any effort to independent IG into a report writer. signed by President Clinton already stamp out waste and deter fraud and As to the argument about the make- has a built-in mechanism to help states abuse. So, I was pleased to see that up of the new board, it is true that in- during an economic downturn. That they weren’t forgotten in the bill and spectors general will make up the bulk law provides welfare contingency funds were given some more resources to of the board. However, it will be for States in economic need. oversee the billions in new spending. chaired by either: the Deputy Director But rather than make the existing However, tucked away in this bill is a of the Office of Management and Budg- contingency fund more accessible to provision that threatens to micro- et, a Presidential appointee confirmed States, this bill creates a new fund manage these independent watchdogs by the Senate, or any other individual that includes policies that are not con- in a manner that is contrary to not subject to Senate confirmation. So, sistent with the principles of meaning- only the spirit and intent of the Inspec- based upon this model, you could have ful welfare reform. tors General Act of 1978, but the 31 a situation where the President ap- For the first times since the abolish- years of results these dedicated fraud points a sitting Cabinet Secretary to ment of the aid to families with de- fighters have worked to achieve. oversee the board that oversees the in- pendent children program, this new I will point my colleagues to division spectors general that oversee the agen- fund gives States financial incentives A, page 465 of the conference report. cy run by the Secretary in charge of

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.003 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2302 CONGRESSIONAL RECORD — SENATE February 13, 2009 the board. I don’t want to even try to banking industry. According to an AP tremely hopeful that the provisions imagine the scenario where the head of article, the banking industry requested were going to be retained, because of the board is a private sector corporate more than 21,800 visas for foreign guest strong bipartisan support on both sides figurehead of a company that has a fi- workers over the last 6 years. At least of Capitol Hill. nancial conflict stemming from the 100,000 workers were laid off in the So I was really surprised to hear that fact that the company receives stim- banking industry in the past few House leadership stripped E-verify ulus money. The system this bill cre- months. Now that many qualified completely from the conference report. ates is not only unworkable; it is load- American bank employees are unem- Many people supported these provi- ed with potential for conflicts of inter- ployed, banks who want to hire work- sions and understood their importance. est that are simply mind blowing. ers shouldn’t have a hard time finding These E-verify provisions would have I also question the need for yet an- what they need from an American helped stimulate the economy by pre- other board full of Government offi- workforce. serving jobs for a legal workforce, so it cials. Why do we need yet another Gov- The Sanders-Grassley language re- is outrageous that they were not in- ernment entity? The inspectors general quires that a company receiving TARP cluded in the final conference agree- have worked cooperatively for years funds and applying for workers under ment. The American taxpayer is spend- via the President’s Council for Integ- the H–1B process must operate as an ing nearly a trillion dollars to spur the rity and Efficiency, PCIE, and the Ex- ‘‘H–1B dependent company.’’ This economy. It’s not much to ask that the ecutive Councils for Integrity and Effi- means they will still be able to hire H– companies receiving hard earned tax- ciency, ECIE, which are made up of in- 1B visa holders, but must comply with payer dollars actually make sure they spectors general. These entities were the H–1B dependent employer rules are employing legal workers. The ex- recently rolled into the Council of the which include attesting to actively re- clusion of both the E-verify reauthor- Inspectors General on Integrity and Ef- cruiting American workers; not dis- ization and the requirement that com- ficiency, CIGIE, by the Inspector Gen- placing American workers with H–1B panies getting TARP money have to eral Reform Act of 2008. This new board visa holders; and not replacing laid off use the E-verify program is truly a co- created by the stimulus bill will simply American workers with foreign work- lossal failure on the part of our con- duplicate already existing efforts in ad- ers. This restriction would last for 2 gressional leadership to stimulate the dition to hindering the independence of years. economy and ensure that jobs go to inspectors general. So this amendment would ensure legal workers. We have repeatedly recognized the that TARP recipients comply with The fight is not over. I am a strong need for independent IGs and we unani- strict hiring standards in order not to believer in the E-verify program. I will mously passed the Inspector General displace qualified American workers. continue to work with my colleagues Reform Act of 2008 that was signed into The bottom line is that if banks are to make sure that this important pro- law by President Bush last October. going to be getting TARP money— gram is reauthorized and utilized by as That law was passed because Congress American taxpayer money then they many employers as possible. and the IGs recognized that changes need to be hiring American workers. Mr. BINGAMAN. Mr. President, sec- were needed to strengthen the inde- While I support the H–1B program, it tion 405 of division A of this conference pendence of inspectors general. It in- needs to be used in the way it was in- report involves an amendment to sec- cluded simple, straightforward reforms tended and not to replace qualified tion 1304 of the Energy Independence such as ensuring each inspector general American workers. This amendment and Security Act of 2007, which is had access to independent legal advice helps to ensure that taxpayer money under the jurisdiction of the Com- free and clear of agency influence. It going to assist companies get back on mittee on Energy and Natural Re- seems to me we all agreed independ- their feet also helps American workers sources, of which I am the chair. It is ence was needed for IGs so long as it keep and/or get jobs. a provision that deals with the stand- occurred when there was a Republican Now, the bad news. I am extremely ards and protocols that will be used in President. I hate to think that there is disappointed that the final bill doesn’t Smart Grid demonstration projects. some conspiracy here, but when we include some very important E-verify With respect to these demonstration have all backed the independence of provisions. The House passed stimulus projects, the conference report states IGs in the past, you have to question bill included language to extend the E- that the Secretary of Energy ‘‘shall re- the change of direction buried deep verify program, a program that allows quire as a condition of receiving fund- within this bill. employers to verify the social security ing under this subsection that dem- This is a dangerous provision that numbers and legal status of newly onstration projects utilize open proto- will hamper oversight, restrict trans- hired employees. The E-verify process cols and standards (including Internet- parency, and damage the independence has been an extremely successful pro- based protocols and standards) if avail- of inspectors general. It works against gram for employers. In addition, the able and appropriate.’’ This is a clari- the pledge of transparency and ac- House passed stimulus bill included fication of language originally passed countability that President Obama has language that would have made it man- by the House of Representatives on the advocated for and puts another layer of datory for companies receiving TARP subject. It makes clear that all proto- bureaucracy between taxpayers and the funds to use the E-verify system when cols and standards used by Smart Grid truth about how the hundreds of bil- hiring new employees. These two provi- demonstration projects must be open. lions of dollars are spent. sions passed the House with broad bi- Some of those open protocols and Mr. President, I would like to talk partisan support. standards may involve sending infor- about an immigration provision that Here on the Senate side, my friend mation over the Internet. Others may was included in the final conference re- Senator SESSIONS filed several amend- use other means of data transfer. The port, as well as a couple that were not. ments to extend E-verify and require parenthetical inclusion of Internet- First, the good news. I was pleased to TARP recipients to use E-verify. I fully based protocols and standards under hear that the conference report re- supported those amendments. Unfortu- the requirement for open standards tained the Sanders-Grassley amend- nately, the good Senator from Alabama means nothing more than that to the ment to ensure businesses that receive was blocked from offering his amend- extent that an open standard uses the TARP funds go through a very rigorous ments to the Senate bill—even though, Internet, it is still an open standard, hiring process before employing new H– if given the chance, I am sure that his but (1) the universe of open standards 1B visa holders. Hiring American work- amendments would have passed with and protocols is not considered to be ers for limited available jobs should be the same overwhelming vote as the limited to only those which use the a top priority for businesses taking House amendments. Internet, and (2) the mere use of the taxpayer money through the TARP I was ready to support the House E- Internet would not cause a standard to program. With the unemployment rate verify provisions in conference. As we meet the criterion of being open if it at 7.2 percent, there is no need for com- all know, Republican conferees were were not otherwise an open standard. panies to hire foreign workers through shut out from any negotiation of this There is no intent in this language to the H–1B program—particularly in the conference report. But we were ex- discriminate for or against any given

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.036 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2303 open protocol or standard, or to pro- is often a target when times are rough ital markets are largely frozen to many of mote any one technology solution over and companies need to reduce costs. It our nation’s most innovative businesses. another, so long as they are available is in our collective interest as a coun- Further, this proposal will help to ensure and considered to be appropriate by the that U.S.-based R&D by smaller firms does try to help companies take a different not drastically decline or disappear as Amer- Secretary of Energy. The Senate ex- path during this economic downturn ica’s capital markets recover from the cur- pects the Secretary to conduct the and find ways to help innovative com- rent financial crisis. Failure by Congress to process of making awards under this panies sustain and increase their R&D move quickly to enact this temporary pro- authority in a way that ensures there spending now so they are better posi- posal could result in a sharp decline in R&D is no discrimination for or against any tioned to succeed when economic con- on cutting-edge technologies (many of which open protocol and standard that is oth- ditions turn around. are in fields where the U.S. is currently the erwise available and appropriate. I will ask to have printed in the global leader) and additional job losses. Ms. CANTWELL. Mr. President, the Investing in America’s intellectual infra- RECORD a letter from 11 technology-ori- structure is key to economic growth and in- Senate tonight will send to the Presi- ented, R&D-dependent trade associa- strumental in spurring entrepreneurial inno- dent the American Recovery and Rein- tions such as the Biotechnology Indus- vation and job creation. Innovative, re- vestment Act. I think this legislation try Organization, BIO, the Advanced search-intensive industries enhance Amer- is a first step not only in turning the Medical Technology Association, ica’s living standards while creating high- economy around in the short term, but AdvaMed, and others—that represent quality, high-paying jobs. American innova- also in laying the groundwork for re- companies employing hundreds of tion is increasingly challenged by more rigorous global competition and the future of building and growing it over the near thousands of U.S. workers reliant on and longterm. But we need to do much the American economy depends on critical our commitment to intellectual infra- investments today to lay the groundwork for more. structure. the breakthroughs of tomorrow. Without in- I think it is important to lay down a This letter was recently sent to all vestment in these fields, the U.S. will find it marker right now that our job on remembers of the Senate Finance Com- more difficult to compete in a 21st century building this economy is not finished. mittee and outlines an approach that global economy. We must continue to focus on making would allow small businesses to accel- We respectfully urge you to invest in America’s intellectual infrastructure by in- the right kind of investments, ones erate their use of accumulated net op- that help us realize our maximum eco- cluding a proposal to accelerate the utiliza- erating losses, NOLs, if they invest in tion of NOLs in the upcoming economic re- nomic potential and ones that update U.S.-based research and development. covery and reinvestment legislation. We our economic engines for the 21st cen- Expanding incentives to encourage thank you for your consideration of this re- tury and beyond. To do this, we must more R&D activity in the United quest and we look forward to working with make a commitment to invest in our States will be essential to the Amer- you to get our economy moving again in a capacity to innovate and in our capa- ican innovators who are developing the way that protects and creates the high-pay- bility to commercialize new tech- technologies of the future. ing jobs associated with America’s innova- nologies and discoveries. We must commit to considering new tion economy. I have worked with many of my col- Sincerely, and thoughtful legislative approaches James C. Greenwood, President and CEO. leagues, especially Chairman BAUCUS like this one that can truly move us Biotechnology Industry Organization; and Senator HATCH, on bolstering the forward in creating the high-quality, Stephen J. Ubl, President and CEO, Ad- incentives that support our country’s high-paying jobs of this century, and I vanced Medical Technology Associa- research capabilities. look forward to working with my col- tion; Mark G. Heesen, President, Na- For example, I have long been a sup- leagues on these issues. tional Venture Capital Association; porter of making the R&D tax credit Mr. President, I ask unanimous con- Mark B. Leahey, President and CEO, permanent. I continue to believe that sent that the letter to which I referred Medical Device Manufacturers Associa- tion; Jonathan Zuck, President, Asso- we have done ourselves a tragic dis- be printed in the RECORD. service by failing to provide long-term ciation for Competitive Technology. There being no objection, the mate- Marianne Hudson, Executive Director, predictability to the very businesses rial was ordered to be printed in the that are driving economic growth and Angel Capital Association; Patricia Record, as follows: Glaza, Executive Director and CEO, are at the frontline of every innovation JANUARY 15, 2009. Clean Technology and Sustainable In- and discovery that moves us forward as Hon. MAX BAUCUS, dustries Organization; Sean Murdock, a society. Chairman, Senate Finance Committee, Wash- Executive Director, NanoBusiness Alli- We all know that if the high-wage ington, DC. ance; Zack Lynch, Executive Director, jobs of the future are going to be cre- Hon. CHARLES B. RANGEL, Neurotechnology Industry Organiza- ated in the United States we have to Chairman, House Ways and Means Committee, tion; Bretton Alexander, President, make the necessary investments in in- Washington, DC. Personal Spaceflight Federation; F. tellectual infrastructure to keep Amer- Hon. CHARLES E. GRASSLEY, Mark Modzelewski, Founder and Presi- ican business competitive in the global Ranking Member, Senate Finance Committee, dent, Water Innovations Alliance. economy. Washington, DC. Mr. LEAHY. Mr. President, today, Investing in America’s intellectual Hon. DAVE CAMP, the Congress considers critical legisla- Ranking Member, House Ways and Means Com- tion to renew America’s promise of infrastructure is key to economic mittee Washington, DC. growth and instrumental in spurring DEAR CHAIRMAN BAUCUS, RANKING MEMBER prosperity and security for all of its entrepreneurial innovation and job cre- GRASSLEY, CHAIRMAN RANGEL, AND RANKING citizens. I am pleased that the greatly ation. It is just as important as our MEMBER CAMP: The thousands of companies needed relief provided in the American commitment to physical infrastruc- represented by our organizations, and the Recovery And Reinvestment Act in- ture. U.S. workers they employ, are key drivers of cludes an investment in health infor- Yet, thousands of companies employ- the innovation that enables America to com- mation technology that takes meaning U.S. workers in cutting-edge, re- pete in today’s global marketplace. As such, ingful steps to protect the privacy of search-oriented industries such as bio- we respectfully request Congress take action all Americans. in the upcoming economic recovery package I have long held the view that Amer- technology, high technology, and clean to invest in America’s intellectual infra- technology are suffering from the same structure to support and create the high- ican innovation can—and should—play fate that has affected our U.S. manu- quality, high-paying jobs of the 21st century. a vital role in revitalizing our economy facturing companies. Without credit Specifically, we ask that you support ef- and in improving our Nation’s health markets properly functioning and with forts to spur U.S.-based research and devel- care system. That is why I have little to no investment from the equity opment (R&D) during the economic down- worked so hard with the lead sponsors markets or venture capital, this next turn by allowing small businesses to elect a of this bill to makes sure that privacy generation of job creators will shrink one-time accelerated use, at a discount, of a was addressed at the outset, as our Na- portion of their accumulated net operating and become less competitive in the losses (NOLs) in exchange for giving up the tion moves towards a national health global economy if we do not take ac- future tax benefits associated with those information technology system. tion. losses. This proposal, if enacted, will help I commend the lead sponsors of this Economic analysis tells us that be- America’s cutting-edge companies weather a legislation in the House and Senate, cause R&D doesn’t produce fast cash it difficult storm at a time when the U.S. cap- Majority Leader REID, and Speaker

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.035 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2304 CONGRESSIONAL RECORD — SENATE February 13, 2009 PELOSI for making sure that the eco- cess with more work on health infor- structure. These projects immediately nomic recovery package includes mation privacy on behalf of all Ameri- create jobs and play a critical role in meaningful privacy safeguards for elec- cans. protecting public health, improving the tronic health records. I also commend Mr. LEVIN. Mr. President, the Amer- environment, and creating a sustain- the many stakeholders, including, the ican people are counting on us to act to able and strong economic climate in Center for Democracy & Technology, stabilize and revitalize the economy, which commerce can thrive. Specifi- the Vermont Information Technology and passage of the American Recovery cally, Michigan is slated to receive Leaders, Inc., Consumers Union, the and Reinvestment Act is an essential more than $150 million to address American Civil Liberties Union and part of that effort. I am encouraged by wastewater projects, and $70 million to Microsoft, that have advocated tire- how promptly the Senate and House upgrade water mains, leaking pipes, lessly for meaningful health IT privacy have been able to reach a compromise and water treatment plants. These job- protections in this legislation. on this critical legislation. I support creating water infrastructure projects The privacy protections in this legis- final passage because it will create jobs will address current needs in Michigan, lation are essential to a successful na- and make investments to bolster our while investing in upgrades that will tional health IT system. Without ade- economy in both the short and long- prepare us for years to come. In addi- quate safeguards to protect health pri- term. tion, this legislation contains $200 mil- vacy, many Americans would simply The Nation is in a deep recession and lion for environmental infrastructure not seek the medical treatment that the situation is particularly dire in that the Army Corps would manage. In they need for fear that their sensitive Michigan where the unemployment Michigan, this funding could be used to health information will be disclosed rate is the highest in the country. The address combined sewer overflows, without their consent. Likewise, Bush policy, still supported apparently which dump harmful pollutants into health care providers who perceive the by all but three Republicans, was a the Great Lakes. privacy risks associated with health IT failure. It provided repeated tax cuts to Additionally, the conference com- systems as inconsistent with their pro- the wealthy with the hope that some of mittee legislation contains $750 million fessional obligations would avoid par- it would trickle down to help those for the National Park Service, NPS. ticipating in a national health IT sys- who really need it. The NPS has a significant backlog of deferred maintenance projects that can tem. The legislation before us will provide The economic recovery package in- tax breaks to our working families. It be started within the next 18 months cludes several of my recommendations will provide a tax cut to 3.9 million which will create jobs and help restore to better protect Americans’ health in- Michigan workers, and allow over and enhance our national treasures. formation privacy. First, the provi- 120,000 Michigan families to benefit Michigan’s four National Park units sions give each and every American the from a tax credit to make college more and the North Country National Scenic right to access his or her own elec- affordable. This legislation will also Trail have significant funding needs, tronic health records, and the right to create or save 3.5 million jobs over the and a number of projects have been delayed for years. I am hopeful that the timely notice of data breaches involv- next 2 years, including jobs in health NPS will direct a sizable portion of the ing their health information. The re- care, clean energy and construction. It $750 million included in the package to covery package also imposes critical will also strengthen the social safety address the significant needs of Michi- restrictions on the sale of sensitive net by increasing unemployment insurance benefits by $100 a month for over gan’s parks and trails. health data and on the use of Ameri- I am pleased that the $100 million for cans’ health data for marketing pur- 1 million Michigan workers. That is why it is so important that brownfields competitive grants can be poses. Lastly, the legislation makes we take aggressive action now. awarded for both cleanup and site assure that the Secretary of the Depart- Job creation must be our No. 1 pri- sessment projects. I asked the con- ment of Health and Human Services re- ority as we work to turn the economy ferees to expand the flexibility for ceives input from individuals with spe- around, and jobs are the focus of this these grants so that more Michigan cific expertise in health information conference report. Shovel-ready infra- communities could benefit from this privacy and security, as the Secretary structure projects are the most imme- funding, and I am pleased that the final develops a national health information diate way to create jobs and get the bill contains this broader language. technology system. economy moving quickly. The recovery The funding in the conference report These and many other privacy safe- plan includes $48 billion in funding for will create jobs by making smart in- guards in the bill will help tackle the ready-to-go road, bridge, rail and other vestments in technology and mod- difficult, but essential task of ensuring projects to immediately and directly ernization efforts that will continue to meaningful health information privacy create jobs. This legislation is expected pay dividends by helping us compete in for all Americans. But, we can—and to provide Michigan with approxi- the global economy. I am especially should—do more. There is much more mately $1 billion dollars in highway pleased the bill includes $2 billion in to be done to ensure that Americans and transit formula funds, allowing for grants to encourage companies to in- have greater control over their own significant repairs to roads and bridges vest in the development and production electronic health records. Another crit- and purchases of buses for our public of advanced batteries and battery sys- ical issue is the use of new technologies transit authorities. There is additional tems, which will fuel the energy-effi- to better secure sensitive health funding which will hopefully result in cient vehicles of the future and make it records, so that data breaches involv- investments in the Midwest High-Speed more likely they will be produced in ing health and other sensitive personal Rail corridor, and improvements to U.S. factories. In so doing, the con- data do not occur in the first place. Amtrak that can help bring commuter ferees have adopted the Senate ap- Yesterday, we celebrated the bicen- rail to Michigan. proach of focusing exclusively on grant tennial of the birth of our Nation’s 16th I am hopeful the Army Corps will di- funding rather than loan guarantees, President—Abraham Lincoln—who rect a significant portion of the $4 bil- which I believe will go much further in once remarked that ‘‘you cannot es- lion toward the Great Lakes to address providing American manufacturers the cape the responsibility for tomorrow the backlog of ready-to-go projects and resources and support they need to by evading it today.’’ We all have a re- maintain this vital maritime highway manufacture these batteries in U.S. fa- sponsibility to ensure quality health of the Midwest. cilities. This funding is critical because care that is both efficient and respect- I am also hopeful that the EPA will battery manufacturers and other man- ful of all Americans’ privacy rights. I direct a portion of its funds for clean- ufacturers are deciding now where to am pleased that the Congress acted to ing up contaminated sediment under locate their production facilities, and address the issue of health information the Great Lakes Legacy Program. One we cannot afford to lose those facilities privacy at the outset of the ambitious report concluded that there is a 21⁄2 to and the associated jobs to other coun- effort to fully digitize America’s health 1 ratio of return on a Federal invest- tries that are willing to offer greater records during the next 5 years. During ment on restoring the Great Lakes. financial incentives than we are. the months and years ahead, Congress The recovery package also contains I am also pleased that the conference must build upon this early privacy suc- $6 billion in funding for water infra- report includes significant measures to

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.027 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2305 expand the American market for ad- State Fiscal Stabilization Fund, in- Together, the provisions in this bill vanced technology vehicles. It will cluding $40.6 billion to local school dis- offer significant hope for our Nation’s make these vehicles more affordable tricts using existing funding formulas, economic future. Still, a comprehen- for consumers by increasing the avail- which can be used for preventing cut- sive economic recovery effort is bal- ability of consumer tax credits for backs, teacher layoffs, or other pur- anced on a three-legged stool con- plug-in hybrid vehicles. Instead of poses; $5 billion to States as bonus sisting of creating jobs, unfreezing making the tax credit available only grants for meeting key performance credit markets, and addressing the for a total of 250,000 vehicles as is in measures in education; and $8.8 billion housing crisis, including reduction in current law, the conference report will to States for high-priority needs such the flood of foreclosures. make these tax credits available to as public safety and other critical serv- As the housing crisis worsens, I will consumers who purchase the first ices, which may include modernization, continue to urge Treasury to move 200,000 plug-in hybrid vehicles sold by renovation and repairs of public school quickly to implement a loan modifica- each manufacturer. Taking this impor- facilities and institutions of higher tion program to help prevent avoidable tant step will help America get to the education facilities. foreclosures. While much still remains goal set forth by President Obama of The bill includes $3.95 billion for job to be done with respect to ending the putting 1 million plug-in hybrid vehi- training including State formula crisis in our financial sector, the finan- cles on the road by 2015. I am pleased grants for adult, dislocated worker, cial stability outline put forth by that the conference report also in- and youth programs, including $1.2 bil- Treasury Secretary Tim Geithner this cludes some funding for Federal agen- lion to create up to 1 million summer week outlined some new approaches so cies to aggressively lease alternative jobs for youth. The training and em- that recipients of the so-called TARP energy vehicles—such as hybrid vehi- ployment needs of workers will also be funds will cooperate with mortgage met through dislocated worker na- cles—to support a wide variety of agen- foreclosure mitigation programs and tional emergency grants, new competi- cy missions. Government leasing of provide reports of how the Federal tive grants for worker training in high these vehicles will help stimulate pro- loans are used and will expand their growth and emergency industry sec- duction of these vehicles. We cannot lending. This is a positive step in the just preach about the need to produce tors, with priority consideration to training for ‘‘green’’ jobs, including right direction toward resuming the these vehicles. We must lead the way preparing workers for activities sup- flow of credit, but Congress must con- in purchasing them, even though their ported by other economic recovery tinue to exercise stringent oversight of up-front cost is greater. the TARP program and we must work The conference report also makes a funds, such as retrofitting of buildings, green construction, and the production to reform our financial system to re- clarification in the Tax Code to pre- of renewable electric power. store commonsense regulation of this vent an unintended tax consequence It includes $13 billion for title 1 to industry. that would have hurt auto companies help close the achievement gap and en- This legislation represents a signifi- and others receiving TARP funds. This able disadvantaged students to reach cant and essential step in stabilizing clarification will limit section 382 of their potential; $12.2 billion for special our economy. The infrastructure the Tax Code in instances where a education/IDEA to improve educational projects will create Michigan jobs, the change in corporate control is the re- outcomes for disabled children. This tax provisions will help Michigan fami- sult of restructuring required by the level of funding will increase the Fed- lies and the investments in technology Government pursuant to a TARP eral share of special education services and modernization will pay dividends agreement. This maintains the clear to its highest level since the inception for years to come. While there are intent of 382 while preventing unin- of the program. Finally, the bill pro- major challenges before us that we tended results that would have hurt vides $15.6 billion to increase the max- must address in order to end this reces- these companies at the very time the imum Pell grant by $500, which will sion, passage of the Economic Recov- Government is stepping in to help. help 7 million students pursue postsec- ery and Reinvestment Act will give us This legislation also helps those who ondary education. Further, the bill in- some urgently needed momentum. have lost their jobs by including impor- cludes $2.1 billion for the Head Start Mr. AKAKA. Mr. President, I support tant measures that will help States and Early Head Start to allow addi- the conference report for H.R. 1, the modernize their current unemployment tional children to participate in this American Recovery and Reinvestment insurance programs and includes ad- proven program, which provides devel- Act. This vital legislation will create ministrative dollars and funds to opment, educational, health, nutri- jobs, ensure that States can continue incentivize States to do this. For my tional, social and other activities that to provide essential health and social home State of Michigan this means prepare children to succeed in school. services, improve education, and assist they will receive more than $90 million The tax provisions in this legislation veterans. straight away. This plan will also pro- will create a refundable tax credit of This legislation will create jobs by vide a further extension of unemploy- $400 for working individuals and $800 encouraging innovation for the devel- ment benefits which will help the more for working families, covering 95 per- opment of clean energy and strength- than 400,000 unemployed workers in cent of working families. Taxpayers ening our Nation’s infrastructure. Ad- Michigan who are unable to find a job can receive this benefit through a re- ditionally, the legislation includes in these hard economic times and the, duction in the amount of tax that is funding for the Economic Development on average, 13,000 individuals whose un- withheld from their paychecks, or Administration to create additional employment benefit will expire this through claiming the credit on their economic opportunities. month alone. Additionally, it will pro- tax returns. This will mean direct and Our States are confronted with de- vide an additional $100 per month in immediate relief for nearly 4 million clining revenue while citizens have in- unemployment benefits, pumping Michigan workers and their families. creasing health care and social service money directly into depressed eco- The legislation also expands the child needs. This bill will provide funding to nomic areas and exempts the first tax credit and the earned-income tax States so that they can continue to $2,400 unemployment benefits from in- credit to ensure that more low-income provide health care coverage and essen- come tax, meaning more of these funds families get the full benefit. There is tial social services that will help our can go to recipients and help grow the also a new, partially refundable $2,500 constituents in this great time of need. economy. tax credit that will help make 4 years States must be good stewards of these The bill provides funding for impor- of college more affordable for an esti- resources and utilize them for their in- tant job training in new and expanding mated 121,000 families in Michigan. For tended purposes. This recovery bill will fields, as well as funding to enhance many struggling families, these tar- also provide relief to workers and fami- and expand education initiatives aimed geted tax cuts will help them make lies hardest hit by the economic reces- at ensuring that our next generation of ends meet in these tough times. Put- sion. Americans is able to meet the chal- ting extra money in families’ pockets In order to ensure that we have a lenges of a global economy. Specifi- will offer an immediate boost to the well-educated workforce both now and cally, it includes $53.6 billion for the economy. in the future, I am pleased to support

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.034 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2306 CONGRESSIONAL RECORD — SENATE February 13, 2009 the provisions included in the Amer- Mrs. FEINSTEIN. Mr. President, I But faced with a choice of taking ac- ican Recovery and Reinvestment Act rise today to offer my support for the tion to confront this crisis, or simply designed to increase and support edu- American Recovery and Reinvestment dithering away as families lose their cational opportunities for our coun- Act of 2009. jobs, their homes and their hope, I try’s children as well as provide much Our economy is in dire straits. And think the choice is clear: We must sup- needed resources and infrastructure urgent action is required to get the port this economic recovery package. improvements for educators nation- economy moving and reverse the President Obama inherited an un- wide. The establishment of a State Fis- alarming trend of job loss that is cur- precedented fiscal mess when he took cal Stabilization Fund will help rently plaguing our cities. office last month: National debt: $10.7 schools suffering during this difficult This Nation is in the grip of the most trillion; this year’s budget deficit: $1.2 economic time to retain teachers and serious recession in more than seven trillion, projected; GDP: Fell by 3.8 continue programs vital to helping stu- decades. American families are increas- percent last quarter 4th quarter 2008, dents achieve their academic potential. ingly facing tough choices as economic the worst showing in 26 years; unem- I also applaud the inclusion of $100 mil- indicators tumble across the board. ployment is skyrocketing: 7.6 percent lion for impact aid. Due to the signifi- Bad news has fallen like a row of nationwide. Since the recession started cant military presence in Hawaii, these dominoes. Our current economic situa- in December 2007, 3.6 million jobs have funds are vitally important to Hawaii’s tion is a result of many different prob- been lost. More than 598,000 jobs were public schools. lems, all developing at the same time. lost in January. Economists say 3 mil- I have been working, along with The major factors: The collapse of the lion more could be lost by the end of other members of the Veterans’ Affairs subprime housing market sent this year. Committee, to advocate for the needs shockwaves through the financial sec- In California we have a 9.3 percent of veterans in the context of this recov- tor of the American economy. This was unemployment rate, Dec. 2008. There ery and reinvestment bill and am the direct result of a scheme in which are at least 1.7 million unemployed pleased that the conference report in- poorly underwritten loans promoted by workers in California. We have the unregulated mortgage brokers and cludes funding that will benefit VA and fourth highest foreclosure rate in the lenders were sliced, diced, securitized the veterans it serves. Nation. There were 837,665 foreclosures Although I wanted the final agree- and spread all over, with severe con- filed in 2008 up 110 percent from 2007. ment to include more of the Senate’s sequences that are global in scope. Un- State budget deficit has reached $42 shovel-ready projects to improve regulated markets schemes like this billion. This has real and serious impli- were a fertile breeding ground for greed health care and other services veterans cations. and fraud. The Enron scandal of the receive from VA, I am grateful the con- The Governor has had to halt public late 1990s was a smaller-scale preference report includes more than a infrastructure projects. Public employ- cursor, costing taxpayers billions of billion dollars in immediate funding ees are being furloughed and local gov- dollars and ending in the collapse of that will create jobs while improving ernments are planning to slash the the energy giant, as well as the loss of services for veterans. critical services upon which taxpayers hundreds of millions of dollars in The conference report also includes depend. Enron investments held by more than $50 million to make key improvements The bill before us will not solve every 50 mutual funds and insurance compa- to Veterans Benefit Administration IT problem, but it will provide funding for nies. critical investments that will create systems and $150 million to provide a Enormous State deficits have deep- jobs and get our economy moving temporary increase in claims proc- ened with the combined effects of again. essing staff. rampant foreclosures and plummeting First, transportation: $29 billion for In addition, there is $50 million in- property values which have signifi- highways and bridges. California’s cluded in the conference report that is cantly cut into revenues. And local share by formula will be at least $2.6 intended for VA’s National Cemetery governments, trying to maximize re- billion; $8.4 billion for public transit— Administration. This funding will be turns for taxpayers with investments used to provide much needed cemetery in firms like Lehman Brothers, have i.e., subway, bus, and light rail infrastructure support and repair and lost their money. They are looking to projects. California’s share by formula investment in VA’s National Shrine the State for help, and the State is will be $1 billion; $1.3 billion for Air- Initiative. I believe the funding will looking to the Federal Government for port capital improvements, funding al- help meet our obligation to provide help. located by competition; and $9.3 billion final resting places for veterans and The financial sector is currently held for intercity passenger rail, including honor their service. aloft by a lifeline from the federal gov- $8 billion targeted at building high As helpful as this infusion of funding ernment. Main Street is also looking to speed rail funding allocated by com- will be, more resources are needed. I re- Washington to provide an injection of petition. mind all of my colleagues that these financial stability. In total, the bill provides roughly $50 funds only begin to address existing, There are many different vectors of billion for transportation. These unmet needs. When it is time to begin this economic crisis. But there is only projects will not only modernize the work on the new budget, we must pro- one sure solution. And that is the infu- corridors used to transport passengers vide a robust VA appropriation to meet sion of large amounts of capital into and goods that move across America, the new fiscal year’s costs. the marketplace from the only place they are also a critical part of the jobs I am glad that the conference report with the capacity to do so, which is the creation goal of this package. retains a provision to make sure that Federal Government. Experts estimate that between 27,000 certain veterans facing financial hard- It is time to give the American peo- to 37,000 jobs are created for every $1 ship in this time of uncertainty receive ple some good news for a change. It is billion invested in transportation an economic recovery payment. I will estimated that the bill could help sus- projects. So an estimated 1.5 million continue to work with my colleagues tain and create up to 3.5 million jobs jobs could be generated by transpor- to secure additional resources for VA. over the next 2 years—with 396,000 in tation projects funded in this bill. I commend my colleague, Senator California alone. Second, water. We have a huge water INOUYE, for his ongoing advocacy on be- The bill before us is far from perfect. infrastructure problem in this country. half of the Filipino veterans of World But we need to give the President the The Government Accountability Office War II. This conference report contains flexibility and resources he needs to and EPA report that the nation faces a an authorization for a lump sum pay- create jobs and revive our ailing econ- $300–500 billion water and wastewater ment for funds that were appropriated omy. funding gap over the next 20 years. last session for these veterans. This bill will not meet every need, That is why it is so important that this I look forward to having the con- and some difficult choices have been bill includes a substantial investment ference report signed into law quickly made in order to move it forward with in water infrastructure: so that we can begin our economic re- the 60 votes it needed to secure passage Army Corps of Engineers: $4.6 billion covery and assist our citizens in need. in the Senate. for construction, maintenance, etc.,

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.062 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2307 that will create 37,000 direct jobs and It invests in a ‘‘smart grid,’’ putting erated upon over the past few weeks. 102,000 indirect jobs; clean water and $4.5 billion into an effort to improve And let me say, I well recognize this drinking water state revolving Funds: electricity delivery through tech- process got off to a less than stellar $6 billion. California would receive $444 nology. start. million; Bureau of Reclamation: $1 bil- The legislation will allow WAPA to And yet, especially given that people lion, including $126 million for title build new powerlines, to deliver renew- look to the Senate to temper the pas- XVI Water Recycling and Reuse able electricity to California con- sions of politics—to provide an institu- Projects. sumers who would otherwise continue tional check that ensures all voices are The U.S. Department of Commerce to depend on coal power. heard and considered—should we have Bureau of Economic Analysis esti- And finally, this legislation estab- allowed that inauspicious beginning to mates that for each additional job cre- lishes a grant program at DOE and ex- establish a permanent detour from ul- ated in the water and sewer industries, pands a loan guarantee program. timately passing an economic stimulus 3.68 jobs are created in all industries. These two steps will help capital in- package that economists from across So, investing in these projects will tensive wind, solar, geothermal, and the political spectrum have said is ur- help create millions of jobs here at cellulosic biofuels projects move for- gently required? home, and better protect human health ward even at a time when financing I believe the answer to that question and the environment. This is a vital in- capital projects has become all but im- is no. And in that light, I extend my vestment. possible. gratitude to Majority Leader REID for Third, housing. Bottom line: these are all invest- bringing us together in forging the It is widely recognized that the roots ments that will either provide an im- much improved package we consider of this economic recession were in the mediate benefit to local economies by today. I thank Chairman BAUCUS and bursting of the housing bubble. Last adding jobs or will help shore up the Ranking Member GRASSLEY of the Sen- year, there were more than 830,000 fore- safety net for Americans who have ate Committee on Finance, Chairman closures filed in California alone, an in- been hit by the crisis. INOUYE and Ranking Member COCHRAN crease of more than 100 percent over This is a very welcome sum of invest- of the Senate Committee on Appropria- 2007. ment in States that are facing grim tions, as well as Senators COLLINS, So it is important that the bill scenarios today. SPECTER, NELSON, and LIEBERMAN for makes a major commitment to stabi- One headline in the Monterey Herald their yeoman leadership in yielding lizing the housing market—and to recently asked whether the ‘‘Golden this consensus-based solution. I also helping hardworking Americans avoid State is rusting.’’ thank those who argued against this the devastating loss of their homes But the truth is, California is not package—because, frankly, I agreed through foreclosure. alone in suffering these consequences. The bill provides a public housing with a number of their arguments, and Every State in the Union is feeling the capital fund of $4 billion to help local ultimately the concerns expressed have painful effects of this downturn, and public housing agencies address a $32 helped to improve this final product. every State needs this injection of in- Indeed, we lost 3.6 million jobs since billion backlog in capital needs. Cali- vestment at this critical time. the onset of the recession, the most fornia’s share by formula will be $118.5 President Obama has stated clearly since 1945. The Department of Labor million; home investment: $2.25 billion that this economic recovery package is has reported the number of people re- for State and local governments to ac- the tool he needs to get our economy ceiving unemployment benefits has quire, construct, and rehab affordable back on track and move this country reached 4.8 million, an all-time high housing. It is critical that Congress do what- forward. since record keeping began in 1967—and The millions of people who are losing ever we can to help restore and foster that doesn’t include the nearly 1.7 mil- their jobs and their homes have no use the American dream of home owner- lion getting benefits through an exten- for partisan bickering. Re-enacting ship—and this bill is part of that effort. sion last summer. At the end of Janu- Fourth, the bill also boosts funding Washington’s usual ideological battles ary, we learned that the economy for our Nation’s health care and edu- won’t stop any companies from shrank at its fastest pace in nearly 27 cation systems and provides increases downsizing, free up any credit for busi- years in the fourth quarter of 2008. Our for other safety nets, including: nesses in need, or put food on the table gross national product dropped at a 3.8 $87 billion for Medicaid. California of a family in need. percent annual rate, worst since 1982. will receive an estimated $10 billion; Candidly, I would have written a very And with more than 11 million job- $13 billion for title I education; $12.2 different bill than the one before us. less Americans today, inaction has, billion for special education; $2.1 bil- And there are some aspects of this bill frankly, never been a viable option. In lion for Head Start and Early Head that I would still like to change—I fact, economist Mark Zandi of Moody’s Start; $20 billion for additional food would have liked to see more job-cre- Economy.com—who advised both Presi- stamps benefits; and an additional $100 ating infrastructure projects and fewer dential candidates McCain and Obama, per month in unemployment insurance costly tax cuts. I might add—projects an even higher benefits. But despite the imperfections in this unemployment rate of a remarkable Finally, Energy. bill, I believe we must recognize the 11.1 percent—should we fail to pass a This legislation makes a serious enormous task at hand by providing vigorous economic stimulus package. down payment towards our permanent the president with the resources he That is 11.1 percent—and that is unac- shift away from fossil fuels and to- needs to get the job done. ceptable. We cannot stand on the side- wards a more sustainable energy sys- This bill is a major part of that ef- lines. tem. fort, and it should be approved. That is why I have said from the out- The bill invests in efficiency, pro- Ms. SNOWE. Mr. President, I rise on set—as I stated on the Senate floor at viding $5 billion to weatherize the this occasion to speak on the economic the beginning of last week—that I homes of low income individuals stimulus conference report that is be- wanted to support a stimulus package. through the Weatherization Assistance fore this chamber—at a time when we But at the same time as I also said, I Program. face the longest and deepest recession could not support just any package. It also establishes a tax credit for 30 since World War II, and a moment of The fact is, we are confronting a multi- percent of the cost to homeowners that economic peril not seen since the days dimensional crisis that requires a weatherize their own homes, and proof the Great Depression almost 80 years multidimensional approach, and we can vides cities with $3.2 billion in block ago. ill afford to get it wrong. grants to assist them with building There has been a great deal of Our approach must be successful, as codes, efficiency improvements to their healthy and vigorous debate about this it must also go hand-in-hand with mon- own facilities, and renewable energy stimulus package—here in the Con- etary policy to ensure that vital cred- projects. gress and certainly throughout Amer- it—that is the lifeblood of our econ- These efforts will help us realize the ica—and rightfully so, given the mag- omy—is flowing to American individ- goal of weatherizing millions of homes. nitude of the legislation we have delib- uals and businesses.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.070 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2308 CONGRESSIONAL RECORD — SENATE February 13, 2009 Already Congress passed a rescue At the same time, the package isn’t visions, $311 billion in discretionary plan for financial institutions, but the only right—it is right sized. As the spending appropriations, and $192.4 bil- lending expected to free up our credit President has stated, we will lose $2 lion in nondiscretionary spending markets has yet to take effect. Al- trillion in consumer demand this year items more narrowly focused on job ready, the Treasury Department has and next—demand, I might add, that creation and assistance to those dis- issued a second component to the res- must be ‘‘backfilled’’ in our economy placed. cue plan, which I might add is regret- with a substantial investment in both On the spending side of the ledger, we tably long on aspirations and short on tax relief and targeted, effective ex- demonstrated our commitment to job details. And already the Federal Re- penditures that will create jobs. The creation by investing in infrastructure. serve has essentially exhausted its op- fact is, given the monumental level of For example, the compromise acceler- tions to improve the economy through this recession, we can’t just be throw- ated the timeline for spending out 50 monetary policy, having reduced inter- ing pebbles in the pond. Rather, we re- percent of the money for roads and est rates to zero—something else that quire the ripple effect of a boulder— bridges from 180 days to 120 days—with hasn’t happened since the 1930s—and while at the same time ensuring that the remaining 50 percent required to be lent more than $1 trillion to stabilize this is not an open-ended passport to obligated within one year—to further the financial and credit markets. So, as spending in perpetuity. frontload the stimulative effect. Right I said during the mark-up in the Sen- I know that there are those who now, the U.S. Conference of Mayors has ate Finance Committee, we ought to criticize the top-line number on this a list of nearly 19,000 shovel-ready remember that for us, in crafting fiscal package. And given this legislation is projects nationally, totaling almost policy to meet this historic challenge, deficit-financed, the cost and the stim- $150 billion. Moreover, the Federal there are no ‘‘do-overs.’’ ulative affect of each of the elements Highway Administration projects that That is why I have said repeatedly of this bill should be of concern to all for every one billion dollars spent, that this isn’t about how much we 28,500 jobs are created, and with the 7.5 of us. I said on the floor at the begin- label as ‘‘tax relief’ and how much we billion contained in this Conference ning of this process that we cannot label as ‘‘spending.’’ Rather, in the Report for highways alone. That is overload this bill with items that are final analysis, it’s been about the mer- 783,750 jobs just for roads and bridges. not within the strictures of stimulus. its of the individual measures in this We included $40 billion for enhancing legislation, and whether the totality of We must ensure that programs that unemployment insurance as CBO said a package can deliver job creation and may well be worthwhile policy but not last year that the cost-effectiveness of assistance to those who have been dis- economic stimulus are not considered such a policy for stimulative effect is placed—because both elements are es- in this package, and instead are vetted ‘‘large’’. . . the length of time for im- sential to turning the economic tide through the budget and regular legisla- pact is ‘‘short’’. . . and recently, and aligning our nation for a more tive process. We cannot, under the aus- Moody’s Economy.com estimated that prosperous future. In short, the chal- pices of stimulus legislation—open the every dollar spent on unemployment lenge has been to fashion a measure door to permanent spending that ex- benefits generates $1.63 in near term that meets the ‘‘what works’’ test. ceeds the life and purpose of what is be- GDP. I thank Chairman BAUCUS for in- Critical to that test is whether a fore us today. cluding in this conference report my stimulus measure is timely, targeted, But in terms of the actual size of the provision to exclude the first $2,400 of temporary, and achieves the critical package, let’s consider for a moment unemployment benefits from taxation, equilibrium of creating jobs and assist- the economic stimulus packages passed to further maximize the provision’s ing those displaced by this economic in 2001 and in 2003—and compare the stimulative impact. And as increasing crisis through no fault of their own. cost of those measures with the cost of food stamps is also among the most im- There has been widespread agreement, this package, and the economic condi- mediate and effective stimulative steps even from the harshest critics of this tions at those times, with the far worse we can take—we provided $19.9 billion bill, that economic stimulus must meet economic conditions of now. to do just that. this standard. That is exactly what a In June 2001, when the economy was I am also particularly pleased, as Washington Post editorial called for in recession as well, we responded with ranking member of the Small Business when it advocated a focused stimulus a $1.35 trillion package. In the quarter Committee, that we included such crit- as the most viable approach. And after when that bill passed, the economy ical job-creation funding as $730 mil- a week of intense, bicameral negotia- grew by 1.2 percent, and unemployment lion for the Small Business Adminis- tions and compromises, this economic was at 4.5 percent. In 2003, we passed a tration’s lending programs. This spend- stimulus package—while not what ev- bill that was essentially a trillion dol- ing is targeted toward increasing ac- eryone may have wanted—while not ev- lar package masquerading as a $350 bil- cess to capital and lowering the cost of erything I would have wanted—meets lion bill. During the spring of 2003, capital for our Nation’s small busi- that threshold. when that bill passed, the economy nesses that have created fully two- It has not been easy arriving at this grew by 3.5 percent and unemployment thirds of America’s net new jobs, that point. At the beginning of deliberations was at 6.1 percent. created or retained 770,000 jobs in FY on the floor and throughout the Fast forward to today with this $787 2008 alone, and will unquestionably be amendment process, I was deeply con- billion package on the floor. The econ- at the forefront of leading us out of cerned this bill more closely resembled omy shrank at an annual rate of 0.5 this crisis. The bill contains many of omnibus legislation rather than emer- percent in the third quarter of 2008, and Chair LANDRIEU’s and my priorities, gency stimulus legislation. Indeed, as 3.8 percent in the fourth quarter of such as ones to slash fees for SBA bor- the Senate considered and adopted 2008. The unemployment rate is cur- rowers and reduce them for lenders; in- amendments on the floor, this package rently at 7.6 percent. Furthermore, crease funding for the microloan pro- had actually ballooned to $920 billion. over the past 13 months alone, as I gram; and a new program targeted to- Let me repeat that—$920 billion. mentioned earlier, the economy has ward small businesses struggling to Let’s look at the House-passed bill. lost 3.6 million jobs. By comparison, we make loan payments. The House bill was voted out at $819 lost a total of 2.7 million total jobs in Additionally, on the spending side we billion. And then the Senate bill ulti- the 2001 recession. The bottom line is provided vital Medicaid assistance to mately passed at $838 billion. But now, this package is not by any means out- the states—and I have heard the argu- with our efforts over the past week, sized for the times—it is right-sized. ments against it. But does anyone seri- this package has emerged as a $787.2 When we began our deliberations in ously believe that with 45 states cur- billion conference report that is not the Senate, the spending in the Senate rently experiencing a shortfall and a only more narrowly tailored toward package reached $366 billion. Fortu- projected, combined budgetary gap of stimulus, but actually has a lower nately, through our bipartisan efforts, $350 billion over the next 2 years won’t overall cost than either the House- we were able to trim that spending by have a profound impact on our national passed bill at $819 billion or the Senate- an additional $55 billion in nonstimula- economy, as States grapple with rais- passed bill at $838 billion. And that is tive items. Today, this package con- ing taxes or slashing spending to bal- no insignificant achievement. tains a total of $286.5 billion in tax pro- ance their budgets?

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Because There will be those who say the cost an additional 40,000 jobs that will en- of the recession and the credit crunch, of this package is too much, and others dure. As we grapple with the gravity of the overpayment of quarterly income will say it is too little. Some will say our economic circumstances, doesn’t it taxes by America’s small business own- it should have higher levels of tax remake sense to simultaneously create ers is unnecessary, because few busi- lief, others that we should focus almost transformational, well-paying jobs nesses are experiencing 10 percent entirely on spending. There are 535 that, rather than looking to the past, growth, and harmful because it drains Members between the House and the will endure and ensure that America is vital cash flow away from an ongoing Senate who all have their own legiti- competitive in the global economy of business. mately held beliefs about this legisla- the 21st century? The conference report also retains a tion. There are millions of Americans As I mentioned earlier, this package provision I joined Senators LINCOLN with their own, differing views, ques- also contains more than $286 billion in and HATCH in spearheading to lessen tions, concerns, and expectations. tax relief—with many provisions I was the impact of the built-in gains tax on At the end of the day, I must return proud to ensure were included as a small businesses. This change is abso- to my own evaluation—again, shared member of the Senate Finance Com- lutely essential at a time in which our by so many across the political spec- mittee—that will directly result in job Nation’s credit markets remain frozen trum—that inaction is not an option creation and retention, and bolster our and small businesses are struggling to and, frankly, time is of the essence. I economy. meet their financing requirements. also return to my standard for evalu- The President’s signature making This provision will benefit up to 900 ating a stimulus: Is it sufficiently fo- work pay tax credit, which the Presi- small businesses in my home state of cused on creating jobs and assisting dent agreed to trim in this conference Maine and hundreds of thousands those who have been displaced. In that report, will provide additional money across the country. light, this package deserves to be in every paycheck to more than 95 per- We must not neglect our Nation’s passed now and signed into law. It is cent of working families in the United distressed and rural communities. This supported by organizations such as the States, which Mark Zandi has said will conference report rightly recognizes National Association of Manufacturers, be ‘‘particularly effective, as the ben- that imperative by including an addi- the U.S. Chamber of Commerce, the efit will go to lower income households tional $1.5 billion in each 2008 and 2009 National Institute of Building . . . that are much more likely to allocation authority for the new mar- Sciences, because they also believe it spend any tax benefit they receive.’’ I am pleased to have helped retain in kets tax credit. And my understanding will create jobs. On balance, this is the this legislation relief from the alter- is that the Community Development right approach at the right time that native minimum tax as it will not only Financial Institutions Fund, which ad- offers us the best course for economic boost the value of the making work ministers the incentive, can allocate recovery and, therefore, I will be sup- pay credit but will also ensure that the augmented 2008 credit authority porting this conference report. around 30 million Americans won’t be within 90 days, which will create 11,000 SALES TAX ensnared by this onerous levy. We in- permanent jobs and 35,000 construction Mr. CARPER. Mr. President, I rise crease eligibility for the extraor- jobs. for the purpose of entering into a col- dinarily successful refundable portion This agreement also contains tax loquy with the senior senator from of the child tax credit that I originally credits for renewable energy that I Montana regarding the car purchase spearheaded to reach low-income fami- have long fought for that will create tax credit introduced by Sen. MIKULSKI lies earning between $3,000 and $9,667 a more than 89,000 jobs. Frankly, if we and included in this conference report. year. I have heard the arguments be- had not dithered last year and opted to Mr. Chairman, my home State of fore against refundability, but this pro- pass the extension of the renewable tax Delaware does not have a State sales gram reaches people who may not earn credits at the beginning of 2008, we tax, which this provision addresses. enough to have federal tax liability but would have already been on the road to However, a ‘‘document fee’’ of 3.75 per- who work and contribute local taxes creating 100,000 new jobs. I know in my cent is collected when a new vehicle is and payroll taxes and will, therefore, home State, there are a number of sold in Delaware. This fee is the equiv- get additional money into the pockets wind farm projects, for example, that alent of a State sales tax, although it of those most likely to spend it. could be ready to move forward right is not called that term. When it comes to tax relief and now. Alaska, Montana, Hawaii, Oregon America’s greatest job generators, our I am also pleased that the stimulus and New Hampshire lack State sales Nation’s 27.2 million small businesses, bill contains a provision I helped to taxes. Instead, these States levy fees this package contains provisions I au- draft that will allow base communities and/or taxes or allow local govern- thored to help them sustain operations across the Nation that have been sig- ments to levy fees or taxes on new ve- and employees. This includes enhanced nificantly affected by a closure or re- hicles. For example, in your home section 179 expensing for 2009, allowing alignment to qualify for vital recovery State of Montana, there is a county op- small businesses throughout the Na- zone economic development bonds. tion tax on vehicles. In New Hamp- tion to invest up to $250,000 in plant Finally, I am pleased this bill in- shire, towns and cities can collect fees and equipment that they can deduct cludes a provision I wrote to expand on motor vehicles. Hawaii levies a immediately, instead of depreciate the definition of ‘‘manufacturing’’ as it four-percent excise tax on goods, which over a period of 5, 7, or more years. pertains to the small-issue Industrial includes automobiles. This tax is The conference report also contains a Development bond, or IDB, program to passed along to Hawaiian new car pur- provision to extend to 5 years the include the creation of ‘‘intangible’’ chasers. carryback period of net operating property. For example, this would As the purpose of the Mikulski losses for small businesses with up to allow the bonds to be used to benefit amendment is to encourage Americans $15 million in gross receipts which will companies that manufacture software to purchase new automobiles, is it the help small businesses sustain oper- and biotechnology products by helping chairman’s understanding that it is the ations with a cash infusion during them get the financing necessary to as- intent of Congress that the document these trying times. This modification sist their operations in innovating and fee in Delaware is the functional equiv- was the result of a last-minute negotia- create new jobs. Knowledge-based busi- alent of a State sales tax? tion, and I very much appreciate the nesses have been at the forefront of Mr. BAUCUS. The Senator is correct. personal efforts of Chairman BAUCUS. this innovation that has bolstered the In fact, IRS currently counts vehicle This agreed-upon measure makes a economy over the long-term. For ex- registration fees based on a vehicle’s welcomed, commonsense change to re- ample, science parks have helped lead value as a personal property tax, which

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Our plan would have re- 1008. ble block grants; $50 million for out-of- duced monthly mortgage payments and Mr. CARPER. I thank the Senator. work artists; $165 million to maintain Additionally, in lieu of paying States made it easier to buy a home. Workers and build fish hatcheries—$165 million would have been able to keep more of sales taxes or in the case of Delaware, for fish hatcheries; $1 billion for the a document fee, is it the intent of Con- what they earn. It is also about half Census. I defy anyone to explain to me the cost of the Democratic plan. gress that the motor vehicle registra- how $1 billion for the Census will stim- tion fees on new vehicles collected by ulate the U.S. economy. Every Member of Congress, Repub- State or local governments in Alaska, So a stimulus bill that was supposed lican and Democrat, wants the econ- New Hampshire, Oregon, Hawaii and to be timely, targeted, and temporary omy to recover. The question is, which Montana qualify for a deduction as de- is none of the above. This means Con- plan would work? In my view, it is fined under section 1008? gress is about to approve a stimulus highly unlikely this one will. I can’t Mr. BAUCUS. Yes, that is correct. that is unlikely to have much stimula- take that big of a risk with other peo- Mr. CARPER. I thank the Senator ple’s money. I will vote against it, and and yield the floor. tive effect. The PRESIDING OFFICER. The Re- That is why an analysis by the Con- I urge my colleagues to do the same. publican leader is recognized. gressional Budget Office actually pre- Mr. President, I yield the floor. dicted a potential sustained economic Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Sen- wish to proceed on my leader time. decline—decline—as a direct result of The PRESIDING OFFICER. The Sen- this bill. That is why I can’t support it. ator from Hawaii is recognized. ator from Kentucky is recognized. This is one of the most expensive Mr. INOUYE. Mr. President, the Mr. MCCONNELL. Mr. President, pieces of legislation Congress has ever American Recovery and Reinvestment across the country Americans are approved. Including interest, as I have Act, I believe, is a good bill. It is not struggling with a very bad economy. said, it is expected to cost $1.1 trillion. perfect. It may have imperfections, but Every day we hear more heartbreaking To put that figure in perspective, con- I believe it deserves our support. stories about foreclosures and lost jobs. sider this: If you spent $1 million a day Many compromises were made, and The situation is serious. It appears to every day since Jesus was born, you the final compromises that we made in be getting worse. It was in the midst of still wouldn’t have spent $1 trillion. conference were very difficult. There is this scenario that our new President This is an extraordinary sum of money. no doubt those of us on this side of the took office. As did all of us, the Presi- It deserves an extraordinary level of aisle had to make some very difficult dent wanted to do all he could to help scrutiny. decisions and some painful cuts to pro- the economy. So he asked Congress to Yet even based on the ordinary grams that I personally believe would put together a stimulus bill aimed at standards of evaluation, it easily fails have been of great benefit to the Amer- preventing as much future damage as the test. Even if the bill were timely, ican people. But in the end, I remain possible. targeted, and temporary, we would still From the very start, Republicans convinced we have gained far more have to look at the pricetag in the con- than we have lost, and this bill is es- supported the idea of a stimulus. All of text of all the other spending we are all us, Democrat and Republican, thought sential in beginning the task of turning soon going to be asked to consider. The our economy around. it was important and necessary. The American people need to remember question was, what kind of stimulus? this stimulus is just one piece of the The American Recovery and Rein- What would it look like? What would it Democrats’ overall spending plan. vestment Act will create more than 3.5 cost? Who would it help? Where would Soon we will be asked to consider $50 million jobs. This is nothing to sniff at. it go? Most importantly, would it billion for housing and unspecified hun- It will provide tax cuts for working work? dreds of billions of dollars—possibly families, aid to our States, and will These are important questions, par- even another trillion—for troubled allow us to invest in our future by re- ticularly when the economists tell us banks. We will also soon be voting on a building our roads, schools, and mass that a bad stimulus is worse than no $400 billion Omnibus appropriations bill transit systems. stimulus at all. As the President’s top that will bring the total discretionary As chairman of the Appropriations economist, Larry Summers has writ- spending for this fiscal year to $1 tril- Committee, I know that the $311 billion ten: lion for the first time in American his- in appropriated funds that are con- Poorly provided fiscal stimulus can have tory. tained in this bill will make a dif- worse side effects than the disease that is to This isn’t Monopoly money. It is ference as we confront the economic be cured. real. It adds up. It has to be paid back crisis. For example, the funds will pre- These questions naturally lead to an- by our children and their children, and vent layoffs of State employees, will other: How do we measure whether a the American people still don’t have allow for increased funding for edu- stimulus will work? Well, according to the facts about the total cost. cation, health care initiatives, im- Summers, it is a fairly simple three- We need to tell the American people proved energy efficiency, and many point test. First, in order to be effec- the whole story. If Americans can’t be other vital investments. tive, a fiscal stimulus must be timely; assured these programs they are paying for will work, they should at least With this large influx of Federal second, it must be targeted; and, third, funding now headed to our States, in- it must be clearly and credibly tem- be told what they are going to cost. Even the Democrats admit this bill is cluding my home State of Hawaii, it is porary. So using the standard outlined essential that each State has a plan of by the President’s own top economist, a $1 trillion risk. Today—this very day—the Democratic majority leader action in place to ensure that these re- Republicans have asked: Is this bill sources are invested quickly and re- timely? Is it targeted? Is it temporary? of the House asked his members to The answer, I have regretfully con- pray: ‘‘Pray that this bill works.’’ sponsibly, and in the right places. In cluded, is a resounding no. This bill Why? Because, as he said, he is not Hawaii, for example, we have estab- fails on all three points. This means, in sure that it will. I can’t take that big lished working groups of State and my view, that congressional Democrats of a risk on this big of a commitment local officials and community leaders have put together a stimulus that by of the American people’s money. to identify priorities that will have the Democrats’ own standards is likely to I know everyone believes their efforts most effective and timely economic fail. Yet, with interest, this bill is ex- will help strengthen the economy and impact in local communities through- pected to cost taxpayers $1.1 trillion. create jobs. No one should doubt that. out the State. So the question now is, what can the Everyone is trying to do the right Before concluding my remarks, I taxpayers expect for their money? thing. My concern is not the motiva- want to take a moment to thank the

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.011 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2311 Members and staff of the Appropria- The PRESIDING OFFICER. Who essary to achieve the consensus that is tions Committee for all of their dedica- yields time? necessary when we are addressing an tion and hard work in taking this bill The Senator from Arizona is recog- issue of this magnitude. from conception to completed legisla- nized. This has not been a bipartisan effort. tion in a matter of a few months. On Mr. MCCAIN. How much time re- The other side will emerge victorious our committee, we have 12 subcommit- mains on both sides? in a few minutes, but we have to face tees, each of which was involved in this The PRESIDING OFFICER. The pro- additional challenges. I mentioned bill. It is the subcommittees, the chair- ponents of the legislation have 31⁄2 min- TARP III—$1.5 trillion—and the ex- men and ranking members who, along utes, and the opponents have 81⁄2 min- pected war supplemental request. with their subcommittee clerks and utes. There are all of these new challenges— staff, are the people who have carried Mr. MCCAIN. What is the disposition not to mention national security chal- the load on this bill. I believe that the of the Senator from Illinois? lenges and policy challenges. Senate owes them its gratitude. Mr. DURBIN. Mr. President, I believe I think I understand the message At this time, I wish to inform the we have 3 minutes and a few seconds from the 2008 election. I think I under- Senate that division A of the con- and I will use that time. stand it very well. That message is ference report on H.R. 1 does not con- Mr. MCCAIN. Would the Senator wish that the American people don’t want tain any congressionally directed to go now or wait for me? business as usual. They do want us to spending items as defined in rule XLIV Mr. DURBIN. I defer to the Senator sit down together. We want to be in on of the Standing Rules of the Senate. from Arizona. the takeoff, so that we can be in on the There is no quick fix or easy answer Mr. MCCAIN. I thank the Senator. landing. We want to work together to this grave economic crisis, but I am Mr. President, we are, obviously, with the other side. confident this plan will begin to put about to vote affirmatively on the leg- This is not the example that I think America on the road to recovery. islation before us. I want to say that I the American people want us to exer- I believe the American Recovery and think the debate has been good and re- cise as we address the enormous chal- Reinvestment Act of 2009 is the right spectful. I congratulate the Members lenges. We need a stimulus package, we medicine for what ails our economy. It on the other side of the aisle and the need to address the war in Afghanistan, will not fix our problems overnight, President for their success in achieving and we need to provide for the much- but it will begin the process. We face the timetable that they laid out for the needed services to Americans as reve- some tough times in the coming year, passage of this legislation. nues decline with a bad economy. but this legislation will have an im- I point out that the allegation that I end my remarks and yield back the pact. It will help millions of Ameri- this is a bipartisan piece of legislation balance of my time by saying again: cans, directly and indirectly and, most is simply not accurate. A total of three Congratulations to those who will suc- importantly, it will give America con- Republican Members in the entire Con- ceed in passing this legislation. The fidence that we can overcome this cri- gress will be voting for this bill—only next time—and it will be soon, because sis. three. That is not a bipartisan ap- I understand there will be an omnibus I thank the Chair. proach, by any measure. appropriations bill, TARP III and oth- The PRESIDING OFFICER. The Sen- I think there are some hard facts we ers—let us sit down and negotiate and ator from Alabama is recognized. should not ignore as we address and work together. When we come out with Mr. SESSIONS. Mr. President, I ask dispose of this issue and move on to a solution and legislation, we can tell unanimous consent to be recognized for others. I remind my colleagues that the American people that we learned 2 minutes. the current national debt is $10.7 tril- the lesson but, most importantly, we The PRESIDING OFFICER. Without lion. The 2009 projected deficit is an- will reflect their wishes that we have objection, it is so ordered. other $1.2 trillion. The cost of this leg- worked together to address some of the Mr. SESSIONS. Mr. President, I want islation before us is $1.124 trillion; that most difficult challenges of anyone’s to say something at the conclusion of is, $789 billion plus interest. The ex- lifetime. the debate. I have spoken a number of pected omnibus spending bill, which I yield back the remainder of my times and have had my say, but this is will be coming shortly, is roughly $400 time. not a normal bill. This is the largest billion. The expected supplemental re- The PRESIDING OFFICER. The Sen- expenditure in the history of this Re- quest for Afghanistan and Iraq will be ator from Illinois is recognized. public, or of any nation in the history an additional $80 billion. We will be ad- Mr. DURBIN. Mr. President, I have of the world. Some have said—and we dressing appropriations bills for 2010 listened to the critics of this legisla- heard this from the Administration— that will be over a trillion dollars. We tion. What would they have us do? that they want to remake the econ- are already spending $700 billion on They would have us do nothing. What omy. A press person asked me today: TARP I and II. And estimates, accord- they offer is one-half of this bill, in the What do you think happened to biparti- ing to the media, are that TARP III hopes that that might do it. We tried sanship? will be somewhere around $1.5 trillion. that. I say to the critics of the bill that I said, well, I don’t know if I can hold We are on a spending spree of unprec- we tried their tax cuts last year under hands and walk down the road to so- edented and historic proportions. We President Bush, and they didn’t work. cialism. I don’t want to walk down the are committing what some of us have We tried their TARP under President road together to say our heritage of called generational theft because we Bush, and it didn’t work as well as we limited Government and lower taxes are laying this debt on our children had hoped. and individual freedom and responsi- and our grandchildren. Now we are asking for a chance. This bility ought to be altered. My colleagues—and the Senator from President, President Obama, inherited What I am concerned about, at my Illinois who has been here constantly the worst economic crisis in 75 years. deepest level, is that this step, as huge and has argued his side effectively— He is showing leadership, and he came as it is, is only one of many that we are will point out that Republicans did the with a solution and offered it to the going to see. We had the Wall Street same thing. I agree, and Republicans Republicans and said sit down with us, bailout of $700 billion. We hear there were punished in the last election for work with us together. Only three Re- may be another $500 billion coming on doing so. publicans out of all those elected on housing and that kind of thing, because What grieves me the most about this Capitol Hill would do so. This Presi- there’s not much housing benefit in process we have been through is that it dent made direct overtures to bring in this. started out with a phrase by the Republicans, to try to find a solution This endangers our heritage. It is not Speaker of the House that ‘‘we won, we to these problems, and they refused to a little bitty matter. I am proud of my wrote the bill.’’ I think I understand do so. Many of the same Republicans— colleagues who have said no. I believe the lesson. That is the process that it not the Senator from Arizona—who it is the right vote and I hope and pray has been through, without Republican have spoken earlier supported amend- that yet it might fail. involvement and without Republican ments to this, adding to the cost of I yield the floor. negotiations, which I think are nec- this package $70 billion in the Finance

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.077 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2312 CONGRESSIONAL RECORD — SENATE February 13, 2009 Committee, up to $30 billion on the [Rollcall Vote Nos. 63, 64 Leg.] note for the record my appreciation to floor; and after their amendments were YEAS—60 those who have worked so hard to adopted, they said, of course, we can- Akaka Feinstein Murray produce this good compromise legisla- not vote for the bill because it costs Baucus Gillibrand Nelson (FL) tion on trade adjustment assistance. too much—after they added some $100 Bayh Hagan Nelson (NE) I will begin by thanking my col- Begich Harkin Pryor billion in costs to the bill. Bennet Inouye Reed leagues on the House Ways and Means They cannot have it both ways. They Bingaman Johnson Reid Committee, Chairman RANGEL and cannot ask us, as Democrats, to stand Boxer Kaufman Rockefeller Ranking Member CAMP. Our bicameral Brown Kerry Sanders negotiations over the last 6 weeks have with President Bush when he tried to Burris Klobuchar Schumer solve it and then walk out the door Byrd Kohl Shaheen been intensive, and at times difficult when we face this crisis under Presi- Cantwell Landrieu Snowe but always professional and construc- dent Obama. We have invited the Re- Cardin Lautenberg Specter tive. Chairman RANGEL was ably ad- Carper Leahy Stabenow publicans to join us, and three stepped Casey Levin Tester vised by Tim Reif and Viji forward. I salute them for their cour- Collins Lieberman Udall (CO) Rangaswami, his respective staff direc- age in doing so. I hope more will do Conrad Lincoln Udall (NM) tor and deputy staff director on the Dodd McCaskill Warner trade subcommittee, as well as Alex that in the future. Dorgan Menendez Webb A lot of the arguments are about the Durbin Merkley Whitehouse Perkins, international trade counsel to impact on the next generation. Con- Feingold Mikulski Wyden the chairman, and Indivar Dutta- sider the impact on the next genera- NAYS—38 Gupta, adviser to the chairman on the professional staff of the subcommittee tion of Americans if their parents lose Alexander DeMint Martinez a job. Consider the impact on kids in Barrasso Ensign McCain on income security and family support. the next generation if their home is Bennett Enzi McConnell Congressman CAMP was ably advised by foreclosed upon. Consider the impact Bond Graham Murkowski his chief trade counsel, Angela Ellard, Brownback Grassley Risch on the next generation if they are Bunning Gregg as well as David Thomas, international Roberts trade counsel to the ranking member. forced out of college because their par- Burr Hatch Sessions ents cannot pay the bills. In this bill, Chambliss Hutchison Shelby Of course I must thank my partner Coburn Inhofe Thune on the Finance Committee, Chairman we address each of those issues, pro- Cochran Isakson Vitter viding tax relief to working families, Corker Johanns BAUCUS, with whom I have been ac- Voinovich creating up to 4 million jobs, giving Cornyn Kyl tively overseeing the operation of our Wicker people a chance to stay in their homes Crapo Lugar trade adjustment assistance programs and trying to help them pay for a col- NOT VOTING—1 since the last time we implemented re- lege education. Yes, we have our eye on Kennedy forms in 2002. We have been negotiating over this legislation since April of last the next generation. The PRESIDING OFFICER (Mr. DUR- What we are doing in the bill is try- year, so this is the culmination of a lot BIN.) On this vote, the yeas are 60, the of effort by our two staffs. My thanks ing to give a lifeline to our economy nays are 38. Three-fifths of the Sen- begin with his staff director, Russ Sul- for those who are suffering in Arizona, ators duly chosen and sworn having livan, and extend to Demetrios Illinois, Colorado, and all across this voted in the affirmative, the motion to Marantis, his chief international trade country. This is a serious effort to find waive section 204(a)(5)(A) of S. Con. counsel, and the rest of his trade team, a solution. We have tried to work to- Res. 21 regarding emergency legislation particularly Hun Quach, Ayesha gether. It is a transparent approach is agreed to. As a result, the point of Khanna, and Darci Vetter, as well as with full accountability, and we will do order falls. our best to pass it and turn this econ- Pursuant to the previous order which Amber Cottle, Chelsea Thomas, and omy around and give America the new imposed a 60-vote threshold for the Janis Lazda. I would also like to thank day it deserves. adoption of this conference report, this Liz Fowler and Neleen Eisinger from I yield the floor. vote also constitutes the vote on the his health staff, and Anya Landau The PRESIDING OFFICER. (Mrs. adoption of the conference report. French, formerly of his trade staff. HAGAN). All time has expired. Pursuant to that order, the con- On my staff I want to thank first my Mr. MCCAIN. Madam President, in ference report to accompany H.R. 1 is staff director on the Finance Com- keeping with the previous unanimous agreed to, and the motion to reconsider mittee, Kolan Davis, and my deputy consent agreement, I believe this point that vote is considered made and laid staff director and chief tax counsel, of order and final passage are both upon the table. Mark Prater, for their wise counsel in combined in one vote. Mr. REID. Mr. President, I suggest managing the legislative processes The PRESIDING OFFICER. The Sen- the absence of a quorum. that have led to today’s achievement. I ator is correct. The PRESIDING OFFICER. The also want to thank my chief inter- Mr. MCCAIN. Madam President, pur- clerk will call the roll. national trade counsel, Stephen Schae- suant to section 294(a) of the 2008 budg- The assistant legislative clerk pro- fer, who has spearheaded my oversight et resolution, S. Con. Res. 21, of the ceeded to call the roll. of trade adjustment assistance since 110th Congress, I raise a point of order Mr. REID. Mr. President, I ask unan- 2003 and led my negotiating effort against the emergency designation in imous consent that the order for the these many months, as well as David section 5(a) of the conference report. quorum call be rescinded. Ross, my international trade counsel, The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without who played an integral role in the ne- the previous order, a motion to waive objection, it is so ordered. gotiations that produced today’s com- the applicable point of order is consid- Mr. GRASSLEY, Mr. President, yes- promise. In addition, I want to thank ered made. terday I spoke about how the trade ad- David Johanson, my international The question is agreeing to the mo- justment assistance provisions in the trade counsel and agricultural trade tion. conference report represent the one specialist, for his role in negotiating a Mr. DURBIN. Madam President, I ask shining example of bipartisanship in reform of the trade adjustment assist- for the yeas and nays. The PRESIDING OFFICER. Is there a this mammoth legislation. It’s unfortu- ance for farmers program, and Claudia sufficient second? nate that the overall conference report Bridgeford Poteet, my international There is a sufficient second. wasn’t the product of a similarly bipar- trade policy advisor, for her advice and The clerk will call the roll. tisan process, but that missed oppor- support. Additional members of my The assistant legislative clerk called tunity should not detract from the tre- staff that merit special recognition in- the roll. mendous bipartisan effort that my col- clude Mark Hayes, my chief health Mr. DURBIN. I announce that the leagues and our staffs undertook to counsel, and Andrew McKechnie, also Senator from Massachusetts (Mr. KEN- bring about this significant achieve- on my health staff, as well as Kristin NEDY) was absent. ment in reforming and reauthorizing Bass and Colette Desmarais, formerly The yeas and nays resulted—yeas 60, our trade adjustment assistance proof my health staff. I also want to thank nays 38, as follows: grams. I want to take a moment to Chris Condeluci, my tax and benefits

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.078 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2313 counsel, as well as Lacee Oliver, an in- Our Nation faces an economic emer- Joe has been recognized for his lead- tern on my Finance Committee staff, gency, but a health information pro- ership and efforts to develop an en- and John Kalitka, a former detail to gram is not an emergency and should hanced and professional tactical team my Finance Committee trade staff not have been included in this bill. Up- and for his work with area teams to de- from the Department of Commerce, for grading the elective grid is not an velop response and coverage capabili- their work on trade adjustment assist- emergency and neither is improving ties across the region. ance. our Nation’s scientific capacity, but Mr. President, Joe Burke retired Our work has been supported by the they should have been considered in from the U.S. Capitol Police on Janu- substantial efforts of dedicated profes- the President’s budget request and ary 3, 2009. I would like to thank him sionals at the Department of Labor, through a deliberative congressional for his years of service to the congres- and my appreciation there begins with process. sional community and ask that my col- Erin Fitzgerald in the Division of There are many things like this that leagues join me in wishing Joe well in Trade Adjustment Assistance, as well should not have been included in this his retirement. as Mark Morin and Lois Zuckerman in bill. f the Office of the Solicitor, and Erica The process has been anything but COMMITTEE ON SMALL BUSINESS Cantor, the administrator of the Office deliberative. AND ENTREPRENEURSHIP RULES of National Response. I also want to f OF PROCEDURE thank Mason Bishop, Blake Hanlon, MORNING BUSINESS and Geoffrey Burr, formerly of the De- Ms. LANDRIEU. Mr. President, Sen- Mr. REID. Mr. President, I ask we partment of Labor, as well as Justin ate Standing Rule XXVI requires each now go to a period of morning business, McCarthy and John Bailey, formerly committee to adopt rules to govern the with Senators permitted to speak on the White House staff of the pre- procedures of the committee and to therein for up to 10 minutes each. publish those rules in the CONGRES- vious administration. The PRESIDING OFFICER. Without I mentioned that Chairman BAUCUS SIONAL RECORD not later than March 1 objection, it is so ordered. and I have been engaged in joint over- of the first year of each Congress. sight of the trade adjustment assist- f Today, February 12, 2009, the Com- ance programs since 2002, and our over- HONORING JOE BURKE mittee on Small Business and Entre- sight has included requesting a series Mr. DURBIN. Mr. President, today I preneurship held a business meeting of reports from the Government Ac- would like to recognize Mr. Joseph during which the members of the com- countability Office to examine various ‘‘Joe’’ Burke for his 33 years of service mittee unanimously adopted rules to aspects of the operation of these pro- with the U.S. Capitol Police. govern the procedures of the com- grams. Among current and former per- Joe was raised and educated in Penn- mittee. Consistent with Standing Rule sonnel at the Government Account- sylvania and Virginia. He attended Mo- XXVI, I am submitting for printing in ability Office who merit special rec- ravia College in Pennsylvania and the CONGRESSIONAL RECORD a copy of ognition for their hard work are Sigurd graduated with a degree in criminal the rules of the Senate Committee on Nilsen, Dianne Blank, Lorin Obler, and justice. Joe’s studies didn’t occupy all Small Business and Entrepreneurship Wayne Sylvia. his time while at Moravia; he was an for the 111th Congress. Finally, I want to acknowledge the extremely talented baseball player and There being no objection, the mate- tremendous effort of our House and tried out for the Pittsburgh Pirates. rial was ordered to be printed in the Senate legislative counsels to deliver After choosing a career in law en- RECORD, as follows: timely drafts and constructive cri- forcement, Joe joined the U.S. Capitol RULES FOR THE COMMITTEE ON SMALL tiques of proposed legislative provi- Police on December 8, 1975. He served BUSINESS AND ENTREPRENEURSHIP sions. On the House side I want to in several positions within the depart- —111TH CONGRESS thank Sandra Strokoff and Mark ment before finding his true calling— GENERAL Synnes, and here in the Senate I want the Containment and Emergency Re- All applicable provisions of the Standing to thank our experts on customs and sponse Team, CERT, in 1981. Rules of the Senate, the Senate Resolutions, and the Legislative Reorganization Acts of international trade law, Polly Craighill Joe was among the original members 1946 and of 1970 (as amended), shall govern and Margaret Roth-Warren. of CERT upon its inception in 1981. The the Committee. As you can see, today’s achievement tryouts for CERT were strenuous; held MEETINGS is the result of the dedication, hard at the FBI Academy, they consisted of (a) The regular meeting day of the Com- work, and commitment of many indi- shooting drills, running an obstacle mittee shall be the first Wednesday of each viduals. It is the culmination of years course and jumping into a pool with a month unless otherwise directed by the of effort, and I am confident that the rubber gun before swimming the length Chair. All other meetings may be called by result will serve to benefit American of the pool. The Unit started with the Chair as he or she deems necessary, on 5 workers in Iowa and across the United three five-man teams that train twice business days notice where practicable. If at States for years to come. a month. This modest beginning has least three Members of the Committee desire Mr. COCHRAN. Mr. President, al- grown into the CERT we see today—a the Chair to call a special meeting, they may though I voted against the motion to file in the office of the Committee a written highly trained, full-time tactical team. request therefore, addressed to the Chair. waive the Congressional Budget Act on Over the years, Joe has remained Immediately thereafter, the Clerk of the the conference report to accompany committed to serving the congressional Committee shall notify the Chair of such re- H.R. 1, the so-called stimulus bill, and community. He has served during sev- quest. If, within 3 calendar days after the fil- on the adoption of the conference re- eral challenging periods for the Capitol ing of such request, the Chair fails to call port to H.R. 1, I must acknowledge the Police including the tragic shooting at the requested special meeting, which is to be courtesies and thoughtful leadership of the Capitol, the attacks on September held within 7 calendar days after the filing of the Appropriations Committee by the 11, 2001, and the anthrax mailings. such request, a majority of the Committee distinguished Senator from Hawaii, Mr. Joe’s experience was invaluable during Members may file in the Office of the Com- mittee their written notice that a special INOUYE. big events, too—the state funerals of Committee meeting will be held, specifying He carried out his responsibilities as Presidents Reagan and Ford, dem- the date, hour and place thereof, and the chairman of our committee in a fair onstrations, eight Presidential Inau- Committee shall meet at that time and minded way that reflected credit on gurations and numerous State of the place. Immediately upon the filing of such the Senate. Union Addresses. notice, the Clerk of the Committee shall no- This legislation was written by our Joe Burke’s experience and service tify all Committee Members that such spe- committee, but in many respects it re- have helped CERT become a SWAT cial meeting will be held and inform them of flected the attitude and interests of the team that ranks among the top teams its date, hour and place. If the Chair is not other body. The bill in my opinion cre- in the country. He is responsible for present at any regular, additional or special meeting, such member of the Committee as ates too many new programs and poli- many of the programs currently used the Chair shall designate shall preside. cies that will have a major impact on by the Capitol Police to train CERT (b) It shall not be in order for the Com- the Federal budget for years to come. personnel. mittee to consider any amendment in the

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.063 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2314 CONGRESSIONAL RECORD — SENATE February 13, 2009 first degree proposed to any measure under terrogation of witnesses at hearings shall be phone, or other electronic equipment may consideration by the Committee unless thir- conducted on behalf of the Committee by not position or use the equipment in a way ty written copies of such amendment have Members of the Committee or such Com- that interferes with the seating, vision, or been delivered to the Clerk of the Committee mittee staff as is authorized by the Chair or hearing of Committee members or staff on at least 2 business days prior to the meeting. Ranking Minority Member. the dais, or with the orderly process of the This subsection may be waived by agreement (3) Witnesses appearing before the Com- meeting. of the Chair and Ranking Member or by a mittee shall file with the Clerk of the Com- SUBCOMMITTEES mittee a written statement of the prepared majority vote of the members of the Com- The Committee shall not have standing testimony at least two business days in ad- mittee. subcommittees. vance of the hearing at which the witness is QUORUMS to appear unless this requirement is waived AMENDMENT OF RULES (a) (1) A majority of the Members of the by the Chair and the Ranking Minority The foregoing rules may be added to, modi- Committee shall constitute a quorum for re- Member. fied or amended; provided, however, that not porting any legislative measure or nomina- (c) Any witness summoned to a public or less than a majority of the entire Member- tion. closed hearing may be accompanied by coun- ship so determined at a regular meeting with (2) One-third of the Members of the Com- sel of his or her own choosing, who shall be due notice, or at a meeting specifically mittee shall constitute a quorum for the permitted while the witness is testifying to called for that purpose. transaction of routine business, provided advise the witness of his or her legal rights. that one Minority Member is present. The Mr. DODD. Mr. President, I rise Failure to obtain counsel will not excuse the today to honor and celebrate the 100th term ‘‘routine business’’ includes, but is not witness from appearing and testifying. limited to, the consideration of legislation (d) Subpoenas for the attendance of wit- anniversary of the National Associa- pending before the Committee and any nesses or the production of memoranda, doc- tion of the Advancement of Colored amendments thereto, and voting on such uments, records, and other materials may be People—the NAACP—and thank my amendments, and steps in an investigation authorized by the Chair with the consent of colleagues for unanimously adopting H. including, but not limited to, authorizing the Ranking Minority Member or by the con- Con. Res. 35, introduced by my friend, the issuance of a subpoena. sent of a majority of the Members of the Congressman AL GREEN, of Texas. I was (3) In hearings, whether in public or closed Committee. Such consent may be given in- session, a quorum for the asking of testi- formally, without a meeting, but must be in honored to introduce companion legis- mony, including sworn testimony, shall con- writing. The Chair may subpoena attendance lation in the Senate. sist of one Member of the Committee. or production without the consent of the Yesterday we were reminded once (b) Proxies will be permitted in voting Ranking Minority Member when the Chair again of the historic nature of the upon the business of the Committee. A Mem- has not received notification from the Rank- work the NAACP has done over the last ber who is unable to attend a business meeting Minority Member of disapproval of the century as our Nation’s first African- ing may submit a proxy vote on any matter, subpoena within 72 hours of being notified of American President came to the in writing, or through oral or written per- the intended subpoena, excluding Saturdays, United States Capitol to pay tribute to sonal instructions to a Member of the Com- Sundays, and holidays. Subpoenas shall be mittee or staff. Proxies shall in no case be issued by the Chair or by the Member of the President Abraham Lincoln on his counted for establishing a quorum. Committee designated by him or her. A sub- 200th birthday. When we reflect on how far we have NOMINATIONS poena for the attendance of a witness shall state briefly the purpose of the hearing and come in this country, we must ac- In considering a nomination, the Com- the matter or matters to which the witness knowledge the crucial role the NAACP mittee shall conduct an investigation or re- is expected to testify. A subpoena for the has played in making so many of those view of the nominee’s experience, qualifica- production of memoranda, documents, tions, suitability, and integrity to serve in steps possible. records, and other materials shall identify Founded on February 12, 1909, in New the position to which he or she has been the papers or materials required to be pro- nominated. In any hearings on the nomina- duced with as much particularity as is prac- York City by a small multiracial group tion, the nominee shall be called to testify ticable. of activists that included Ida Wells- under oath on all matters relating to his or (e) The Chair shall rule on any objections Barnett and W. E. B. Dubois, the her nomination for office. To aid in such in- or assertions of privilege as to testimony or NAACP spent decades working to vestigation or review, each nominee may be evidence in response to subpoenas or ques- eliminate discrimination in schools required to submit a sworn detailed state- tions of Committee Members and staff in ment including biographical, financial, pol- and throughout our society at the hearings. grassroots. Nearly a half century later, icy, and other information which the Com- CONFIDENTIAL INFORMATION mittee may request. The Committee may it would make itself known to the (a) No confidential testimony taken by, or specify which items in such statement are to world with one of our Nation’s greatest confidential material presented to, the Com- be received on a confidential basis. mittee in executive session, or any report of legal victories, the Supreme Court case HEARINGS, SUBPOENAS, & LEGAL COUNSEL the proceedings of a closed hearing, or con- Brown v. Board of Education. (a) (1) The Chair of the Committee may fidential testimony or material submitted In 1955, the Secretary of the NAACP’s initiate a hearing of the Committee on his or pursuant to a subpoena, shall be made pub- Montgomery, AL, branch suffered hu- her authority or upon his or her approval of lic, either in whole or in part or by way of miliation and unwarranted arrest for a request by any Member of the Committee. summary, unless authorized by a majority of refusing to give up her front seat on a If such request is by the Ranking Member, a the Members. Other confidential material or segregated bus in Montgomery, AL. decision shall be communicated to the Rank- testimony submitted to the Committee may Rosa Parks’ simple yet powerful action be disclosed if authorized by the Chair with ing Member within 7 business days. Written would ignite the largest civil rights notice of all hearings, including the title, a the consent of the Ranking Member. description of the hearing, and a tentative (b) Persons asserting confidentiality of grassroots movement in the history of witness list shall be given at least 5 business documents or materials submitted to the this country, reminding us once again days in advance, where practicable, to all Committee offices shall clearly designate of the difference that even one Amer- Members of the Committee. them as such on their face. Designation of ican can make to change the course of (2) Hearings of the Committee shall not be submissions as confidential does not prevent history. scheduled outside the District of Columbia their use in furtherance of Committee busi- The NAACP also played an essential ness. unless specifically authorized by the Chair role in ensuring the passage of the MEDIA & BROADCASTING and the Ranking Minority Member or by Civil Rights Acts of 1957, 1960, and 1964. consent of a majority of the Committee. (a) At the discretion of the Chair, public Though the right to vote was de- Such consent may be given informally, with- meetings of the Committee may be televised, out a meeting, but must be in writing. broadcasted, or recorded in whole or in part clared to be a basic human right under (b) (1) Any Member of the Committee shall by a member of the Senate Press Gallery or the U.S. Constitution, persons of color, be empowered to administer the oath to any an employee of the Senate. Any such person especially African Americans, were his- witness testifying as to fact. wishing to televise, broadcast, or record a torically—and shamefully—denied this (2) The Chair and Ranking Member shall be Committee meeting must request approval fundamental right. The NAACP played empowered to call an equal number of wit- of the Chair by submitting a written request a substantial role pushing for the pas- nesses to a Committee hearing. Such number to the Committee Office by 5 p.m. the day sage of the Voting Rights Act of 1965, shall exclude any Administration witness before the meeting. Notice of televised or partnering with the likes of Cesar Cha- unless such witness would be the sole hear- broadcasted hearings shall be provided to the ing witness, in which case the Ranking Mem- Ranking Minority Member as soon as prac- vez. ber shall be entitled to invite one witness. ticable. While the NAACP’s political work is The preceding two sentences shall not apply (b) During public meetings of the Com- extraordinary, its community service when a witness appears as the nominee. In- mittee, any person using a camera, micro- efforts deserve recognition as well. In

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.023 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2315 2005, it created the Disaster Relief I will ask to include in the RECORD, Others noted that the problem was likely Fund to provide assistance for Hurri- following my remarks, three articles to worsen as criminals target funds from the cane Katrina victims in Louisiana, reporting on the hearing. financial bailout (PL 110–343) and the eco- Texas, Mississippi, Florida, and Ala- Two things became clear at the hear- nomic stimulus measure being considered by a House-Senate conference (HR 1). bama at a time when they needed it ing: First, that the Justice Depart- ‘‘We stand on the precipice of the largest most. ment’s Criminal Division, the FBI and infusion of government funds over the short- As President Obama said, ‘‘A nation the Special Inspector General are dead- est period of time in our nation’s history,’’ cannot prosper long when it favors ly serious about finding and pros- testified Neil M. Barofsky, the special in- only the prosperous.’’ The NAACP has ecuting financial fraud. spector general for the Troubled Assets Re- reminded us of those words for a cen- FBI Deputy Director Pistole told the lief Program. ‘‘Unfortunately, our history tury. committee that the agency is inves- teaches us that spending so much money in For all this achievement symbolizes tigating 530 open corporate fraud inves- such a short period of time will inevitably draw those seeking to profit criminally.’’ to Americans and the world, the tigations, including 38 directly related Patrick J. Leahy, D-Vt., the Judiciary NAACP still recognizes the importance to the current financial crisis. He said Committee chairman, and Charles E. Grass- of remaining vigilant in our fight for the total number of fraud investiga- ley, R-Iowa, have introduced legislation (S equality, never allowing the past to be tions has nearly doubled, from 881 in 386) to extend federal fraud laws to cover forgotten. I am honored that it has fiscal year 2006 to 1,600 in fiscal year more mortgage lenders and funds expended supported the passage of the Emmett 2008. under the financial bailout and authorize the Till Unsolved Civil Rights Crime Act Second, we learned that Federal law hiring of additional federal prosecutors and FBI agents. that I introduced last Congress, in enforcement needs additional resources ‘‘If we don’t address this head-on, we’ll commemoration of the unspeakably to do so effectively. have a hard time chasing taxpayer money,’’ brutal and unjustified murder of an Af- According to Deputy Director Pistole Grassley said. rican-American youth, ensuring that ‘‘The increasing mortgage, corporate Pistole said the scale of the potential fraud criminals of the unsolved hate crimes fraud and financial institution failure dwarfs the savings and loan crisis of the of the civil rights struggle are brought case inventory is straining the FBI’s 1980s. He said 240 FBI agents are currently to justice and that its victims can fi- limited white collar crime resources.’’ involved in investigating mortgage fraud, as opposed to the 1,000 agents and forensic ex- nally find peace. And I am pleased that The FBI’s very necessary shift of resources to counterterrorism efforts has perts who investigated the savings and loan this legislation has become law. crisis. Much progress has been made in the had a significant impact on its ability ‘‘More must be done to protect our country lives of persons of color because of the to investigate sophisticated financial and our economy from those who attempt to NAACP and its tireless, life-risking, crime. enrich themselves,’’ Pistole said. and never-ending work. Currently, the FBI has only 240 ‘‘We’re going to see demands on law en- As Thurgood Marshall, who a dozen agents investigating complex financial forcement really increase’’ with the stimulus years after arguing Brown v. the Board fraud. package and financial bailout, Rita M. Glavin, the acting assistant attorney general of Education before the Supreme Court During the savings and loan crisis in the 1980s, the FBI had more than 1,000 of the Justice Department’s Criminal Divi- would become the first African Amer- sion, told the panel. ican to serve on our nation’s highest agents investigating financial fraud court, said: connected to that scandal. [From Newsday, Feb. 12, 2009] In recognizing the humanity of our fellow Mr. President, it is clear we need to RISE IN FRAUD CASES IS ‘‘STRAINING’’ FBI beings, we pay ourselves the highest tribute. scale up dramatically the number and The economic crisis has sparked an in- Today, the U.S. Senate and House of training of FBI agents investigating fi- crease in criminal fraud, including an ‘‘expo- Representatives return that tribute to nancial fraud, because the financial nential rise’’ in mortgage scams that is the NAACP and everyone who has been meltdown of 2008 is much bigger than straining the FBI’s resources, a leader of the agency said. associated with its achievements and the savings and loan crisis. That is why I was proud to join with The Federal Bureau of Investigation has advocacy for this last century. more than 1,800 open investigations into Chairman LEAHY and Senator GRASS- May its work to ensure equality for mortgage fraud, more than double the num- all American citizens continue as each LEY to introduce S.386, the Fraud En- ber in fiscal 2006, Deputy FBI Director John of us in this institution and across our forcement and Recovery Act of 2009. Pistole told a U.S. Senate hearing yesterday country commit to diminishing its ne- Mr. President, I look forward to in Washington. cessity. working with Chairman LEAHY and The FBI also has more than 530 open cor- Senator GRASSLEY to pass this impor- porate fraud investigations, including 38 f tant legislation, and I applaud them for linked to the financial crisis, he said. FINANCIAL FRAUD HEARING their leadership. ‘‘The increasing mortgage, corporate fraud Mr. President, I ask unanimous con- and financial institution failure case inven- Mr. KAUFMAN. Mr. President, I tory is straining the FBI’s limited white-col- want to bring my colleagues’ attention sent to have the three articles to which lar crime resources,’’ Pistole said in pre- to an important hearing held this past I referred printed in the RECORD. pared testimony. Wednesday by the Judiciary Com- There being no objection, the mate- Yesterday’s Senate Judiciary Committee mittee. We have been focused on the rial was ordered to be printed in the hearing focused on whether there should be economy over the past few weeks, and RECORD, as follows: beefed-up enforcement to cope with the eco- [From CQ Today, Feb. 11, 2009] nomic decline. The panel’s chairman, Sen. particularly on the recovery bill that Patrick Leahy (D–Vt.), is pushing legislation SPIKE IN FRAUD INVESTIGATIONS TAXING LAW will soon start saving and creating to authorize funds to hire fraud prosecutors ENFORCEMENT RESOURCES, OFFICIALS TESTIFY jobs. and investigators. The bill, backed by the But there are more steps we need to (By Seth Stern) Justice Department, also would strengthen take to restart our economy. One step More resources are needed to combat fi- financial crime laws. is to renew confidence in our markets, nancial fraud, which has soared amid the The 38 corporate cases linked to the finan- by cracking down on the kind of crimi- meltdown of financial markets, officials told cial crisis have the potential to be as com- lawmakers Wednesday. nal behavior that has contributed to plex as that of Enron Corp., which collapsed FBI Deputy Director John Pistole told the in 2001. The cases involve companies that our current crisis. I am talking about Senate Judiciary Committee that the agency ‘‘everybody knows about,’’ Pistole said with- fraud in our financial markets. is investigating 530 open corporate fraud in- out naming them, and include possible ma- On Wednesday, Chairman LEAHY con- vestigations, including 38 directly related to nipulation of financial statements, account- vened a Judiciary Committee hearing the current financial crisis. He said the total ing fraud and insider trading, he said. on financial fraud. We heard testimony number of fraud investigations has nearly The FBI has reassigned some agents from from John Pistole, Deputy Director of doubled, from 881 in fiscal 2006 to 1,600 in fis- terrorism cases to financial crimes. the FBI; Rita Glavin, Acting Assistant cal 2008. The government’s $700-billion Troubled ‘‘The increasing mortgage, corporate fraud Asset Relief Program and the proposed eco- Attorney General for the Criminal Di- and financial institution failure case inven- nomic stimulus legislation likely will result vision; and Neil Barofsky, Special In- tory is straining the FBI’s limited white-col- in increased criminal activity, Neil spector General for the Trouble Assets lar crime resources,’’ Pistole said in his writ- Barofsky, special inspector general of the Relief Program. ten testimony to the committee. TARP program, said in prepared testimony.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.025 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2316 CONGRESSIONAL RECORD — SENATE February 13, 2009 FBI PROBES 530 CORPORATE FRAUD CASES A new study shows that while in cated that the CIA would not conduct (By Devlin Barrett) young men under age 45, the heart dis- extraordinary renditions to secret de- (WASHINGTON)—The FBI is conducting ease death rate is declining, the rate in tentions. Congressman Panetta also more than 500 investigations of corporate young women has actually increased committed to ending the Bush adminis- fraud amid the financial meltdown, FBI Dep- and is now at its highest level since tration’s practice of using ‘‘Gang of uty Director John Pistole told the Senate 1987. We cannot idly sit back and allow Eight’’ briefings to evade its legal re- Judiciary Committee on Wednesday. more of us to become part of these sta- sponsibility to brief the full congres- Investigators are tackling an even bigger tistics, so to address heart disease mor- sional intelligence committees, there- mountain of mortgage fraud cases in which tality and these significant disparities by thwarting oversight. And he assured hundreds of millions of dollars may have me that the CIA would cooperate with been swindled from the system, he told law- between men and women, Senator makers. STABENOW and I have introduced The the Department of Justice as the De- Pistole says there are 530 active corporate HEART for Women Act. partment reviews interrogation, deten- fraud investigations, and 38 of them involve Our legislation, the HEART for tion, rendition and other matters that some of the biggest names in corporate fi- Women Act, does three things: First, it raise legal questions. These state- nance in cases directly related to the current provides the public with better infor- ments, along with his previous con- economic crisis. Additionally, the FBI has mation about safe and effective treat- demnations of torture and of more than 1,800 mortgage fraud investiga- ments for women by requiring drug warrantless surveillance of Americans, tions, more than double the number of such suggest a personal commitment to the cases just two years ago. safety information to be stratified by sex, race, and ethnicity. This informa- law and to our Constitution that will There are so many mortgage fraud cases to be needed as the CIA faces the chal- investigate, he said, that the bureau is not tion will help doctors, researchers, and focusing on individual purchasers, but indus- patients better understand why certain lenges ahead. I have long been concerned that in- try professionals generating fraud schemes treatments work better in men than in telligence resources have not been suf- that could total as much as hundreds of mil- women. Second, this legislation ex- ficiently allocated toward long-term lions of dollars. ‘‘It is a matter of lawyers, pands the WISEWOMAN Program that brokers or real estate professionals that are and emerging threats in places like Af- provides free heart disease and stroke systematically trying to defraud the sys- rica, and was pleased that Congress- tem,’’ Pistole said. prevention screening to low-income, man Panetta testified that he shares Agents have even seen some instances of uninsured women. This program has these concerns. More importantly, he organized crime getting involved in mort- been incredibly successful throughout has committed to conducting a review gage fraud, he said. the U.S. three out of four women of CIA operations and resources in Also appearing before the committee was screened by this program had at least Neil Barofsky, the watchdog of the govern- light of these concerns and to working one risk factor for heart disease and closely with the committee in the ment’s $700 billion Wall Street rescue pack- stroke. The HEART for Women Act age passed last year. course of that review. Finally, he testi- Senate Democrats are urging more spend- also raises awareness among health fied that he agrees with the goal of de- ing to expand the ranks of the FBI’s finan- care providers about the risk for heart veloping strategies that integrate clan- cial fraud investigators. disease and stroke. A 2004 survey found destine collection with the information After the 2001 terror attacks, about 2,000 that less than 20 percent of physicians obtained openly by our government, FBI agents were moved to counterterrorism were aware that more women than men particularly through diplomatic collec- work, and Pistole said they are considering die each year from cardiovascular dis- tion. Last year, the Senate Intelligence moving some of them back to buttress anti- eases. fraud efforts. Committee passed legislation creating After all this, there is some good an independent Commission to make- Senate Judiciary Committee Chairman news—a USA Today article from Janu- Patrick Leahy, D-Vt., urged the FBI and the recommendations on how to achieve Justice Department to put people who have ary 2008 points out that heart disease this integration and Congressman Pa- committed mortgage fraud behind bars. deaths rates fell among women by al- netta has committed to working with ‘‘Most people are honest,’’ Leahy said. ‘‘The most 27 percent between 1999 and 2005; me on that legislation. These commit- ones who are not honest in this field are cre- however, researchers estimate that ments give me confidence that Con- ating economic havoc and I want to make epidemics of diabetes and obesity could gressman Panetta will work to refocus sure that we’re able to go after them. ‘‘I threaten these gains. the CIA on its central mission of pro- want to see people prosecuted . . . Frankly, I encourage my colleagues to join us tecting our national security. I want to see them go to jail,’’ he said. and support women’s heart health. Pas- f Barofsky, who was appointed the inspector sage of this legislation will ensure that general of the ongoing financial bailout plan, providers have greater access to life- IDAHOANS SPEAK OUT ON HIGH suggested the best way to clean up mortgage ENERGY PRICES fraud is to pursue licensed professionals in saving drugs and screening services to the industry, and make examples of them. prevent the rise of cardiovascular dis- Mr. CRAPO. Mr. President, in mid- ‘‘They have the most to lose, they’re the ease in women. June, I asked Idahoans to share with most likely to flip, and they make the best f me how high energy prices are affect- examples,’’ said Barofsky, a former federal ing their lives, and they responded by PANETTA CONFIRMATION prosecutor in New York. the hundreds. The stories, numbering f Mr. FEINGOLD. Mr. President, I sup- well over 1,200, are heartbreaking and port the confirmation of Leon Panetta touching. While energy prices have HEART FOR WOMEN ACT to be Director of the CIA. His integrity dropped in recent weeks, the concerns Ms. MURKOWSKI. Mr. President, I and independence, his managerial expressed remain very relevant. To re- rise today to share my thoughts as the skills, his broad experience in both the spect the efforts of those who took the lead cosponsor on the Heart for Women executive and legislative branches, and opportunity to share their thoughts, I Act, introduced by Senator STABENOW his testimony during his confirmation am submitting every e-mail sent to me and myself along with 21 original co- hearing suggest he is exactly the kind through an address set up specifically sponsors. Heart disease, stroke, and of CIA Director our country needs for this purpose to the CONGRESSIONAL other cardiovascular diseases are criti- right now. RECORD. This is not an issue that will cally important health issues that First, his statements, in his meeting be easily resolved, but it is one that de- combined, are the No. 1 cause of death with me and at his confirmation hear- serves immediate and serious atten- in all American women, taking the life ing, provide assurances that he will put tion, and Idahoans deserve to be heard. of one female nearly every minute. The CIA activities squarely within the law Their stories not only detail their Heart for Women Act will decrease the and refocus the brave and dedicated struggles to meet everyday expenses, burden of heart disease in women, professionals of the Agency on what but also have suggestions and rec- which coupled with stroke will claim they do best, and on what we need ommendations as to what Congress can the lives of nearly half a million them for the most. Not only did he ex- do now to tackle this problem and find women in America in 2008; this is more press his commitment to ending an il- solutions that last beyond today. I ask than all deaths from breast, cervical, legal and ineffective interrogation and unanimous consent to have today’s let- and lung cancers combined. detention program, but he clearly indi- ters printed in the RECORD.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.016 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2317 There being no objection, the mate- tude is to take the money and run. So if you velop such things as wind energy and tap rial was ordered to be printed in the want to do something in the short term, you waste sources such as landfills for methane RECORD, as follows: need to deal with them now. Congress needs gas. We need permanent tax incentives for to look into how much they pay their CEOs the installation and use of renewables such I am a working class American male, fight- and put a cap on that amount. When a CEO as solar and wind. We need to develop a usa- ing to maintain a standard of living which makes 100 or 1,000 times more than the Presi- ble hydrogen power. And that should just be will enable me to provide for myself and my dent or you, Mike as a Senator, something is the start. family. I find it difficult to imagine why we wrong. Congress also needs to look into what Yes, the increase in fuel has cost me and is would continue as a country to be held host they are doing with these record profits. hampering my lifestyle. But I fear that, if to foreign oil. They claim that they are doing more explo- the current prices become permanent, then I find that prices of everything are rising ration but we as the public cannot see this. the costs to me will be so much greater than because of the cost of shipping, and some They should be forced to make public what they are today, and that is unacceptable. members of Congress I hear think this is a they are doing with the profits. I do not see Thank you for your time in reading this. good thing? Sir, I am pleased that you would them building any new refineries. They MONICA. want to hear from us, but realistically I am should be forced to do that. But you see, why less than convinced that much will be done would they want to build new refineries In September 2007 my husband changed by a body of people who seem so unwilling when they have created a shortage that jobs due to a long commute and high gas and unable to work together as the current makes money for them. We are asking the prices. He had been travelling from Weston, Congress appears. Saudis to pump more oil but we do not ask Idaho, to Promontory, Utah (132 miles round I used to be optimistic that one voice could our own oil companies to build more refin- trip), and had done so for the last sixteen make a difference and now have resigned eries. Congress needs to ‘‘get into their rice years. In September, he took a new job in myself to believe that by and large those bowl’’ as they. And if the oil companies do Logan, Utah, which was half the commute. who sit in the ‘‘hallowed halls of Congress’’ not want to be part of this, Congress should However, in the exchange, he also took a care only for their power and position and tax their profits beyond a certain point and $4.50/hr cut in pay. We were okay because of nothing for us as citizens. The price of gro- use the money to supplement gas prices. In the shorter commute and we were saving in ceries continues to rise, the price of fuel the past during times of war, Congress has gas. Now, with the higher, much higher fuel driving everything higher, shippers cannot created excess profit taxes to take the profit prices, we not only have lost the fuel savings afford to transport goods, and I find the fu- out of war and they should do that now. We but still have the cut in wages. It is getting ture bleak. How long before the trucking in- are in a domestic war and it is killing our very difficult to make ends meet. High fuel dustry, the shipping industry, railways and country. Or Congress should look at their costs are affecting every aspect of our lives— airlines stop because no one can afford to profits and set gas prices for them. Set reg- food, utilities, etc. We are supportive of pay the cost? ular gas, for example, at $3.00 per gallon and drilling America’s own oil so we are not reli- Foodstuffs such as corn are now being the next year if their profits are still beyond ant on outside sources. Speed limits could grown for fuel, driving those prices higher reason, drop it down to $2.50 per gallon. also be reduced and enforced. We drive small and yet no relief is felt at the pump. It seems Thanks for working on this issue Mike. My fuel-efficient vehicles, unlike many who are clear to me that two things must happen; wife and I are worried for our country. We do driving large trucks and SUVs. Americans first we must become energy independent, not know where all of this is going, but it need to wake up. Farmers in our area are drilling within our own borders, and second does not look good. really struggling. Fuel prices are making it finding alternative forms of energy to pre- JIM. very difficult to plant and harvest crops. We vent this from happening. Please use what- just need some relief. We appreciate your ever powers of persuasion you possess to con- We, as a Nation, have been irresponsible in asking our input and support your efforts in vince your fellow Senators to listen and feel allowing ourselves to be dependent upon for- getting the people of Idaho and America the crunch that is crippling our nation! eign sources for our energy needs. And now, some relief. ALBERT. we are all paying the painful price. It is igno- RICHARD AND CHRISTY, Weston. rant to believe that we can just purchase all My wife and I were born in Idaho (I in Kel- our energy from other countries and in doing We need to start drilling now. logg and my wife in Pocatello) and I work at so, save the environment. We have some of I am an Idaho resident and, because of the INL although I am currently on assign- the strictest standards in place in the United work, commute weekly from Idaho to Wash- ment at the Yucca Mountain Project. States to prevent damage to the environ- ington. The fuel costs are affecting me by How Do Gas Prices Impact Us and the Na- ment, and yet we allow other countries with- not only personal use of my cars but also air tion I am 67 and my wife is 63 and, with the out those standards to pollute the environ- fare and food for my farm animals and us. There is so much oil out there in the US, high cost of gas, we are afraid to retire. ment in the production of our energy. This is i.e., shale oil, oil from coal, onshore and off- These were supposed to be the ‘‘golden burying our heads in the sand. We have vastly improved our technologies shore oil. Until the new technology comes years’’ and they are far from that. It is driv- since the early 1980s when the bans on off- out for autos and electrical energy we need ing up the cost of food and other items that shore drilling were put into effect. We would to use the fuel that we have instead of pun- must be shipped by truck and is killing the not expect to see the same problems we had ishing the people of this country—by listen- auto industry. Because of all of these cost in- in the past if we were to resume that drilling ing to the eco terror people, green peace and creases and the uncertainties it is creating today. We also need to address the fact that the others. They are the ones that created in our economy, the stock market is also we have not built any new refineries in this the problem plus the new socialist demo- dropping and pulling down what retirement country, and that is a necessary piece to our crats. Who are taking our freedoms away? investments that we have. Although health energy needs puzzle. We have vast resources Oh, one more thing the man caused global care and other issues are also on our mind, I of oil reserves that are untouched, mostly warming is a fraud it is natural climate fear that high gas prices are dragging our due to the cries of the environmentalists, changes. Look at the past. country to its knees and it is spreading in all who are using their hearts instead of their THOMAS. directions. They use to say that if we lost minds to raise their objections. Vietnam, it would have the domino effect I have a dear friend who is an independent I do not have much to say but this. I work and we would lose all of that part of Asia. trucker out of Pennsylvania, who has been as a restaurant manager and I see firsthand Well, high gas prices are definitely causing doing a long-haul run from there to the the domino effect of the energy/gas crisis. a domino effect, and as people travel less it Northwest for over 10 years now. He has been Restaurants are the first to view the trou- impacts everyone who support the travel in- watching his profits be reduced by thousands bled economy. Our sales are down, not say- dustry. Look what it is doing to the airline of dollars per run, a reduction that he is not ing how much. Food cost is rising. People are industry. The impact of high gas prices is able to simply pass along. After almost 25 not coming out to eat. My Team Members spreading everywhere. I wonder how long it years of trucking, he is now contemplating are getting hours cut and not making will take to get beyond this mess. Should I something else for the future. What will we, enough money to even survive, let alone put plan to retire at 70 or maybe I should think as a nation, do if enough of our truckers quit gas in their tanks. My staff is the first hit by about 75? due to the rising fuel costs? We do not have any economy issue and our sales have WHAT TO DO ABOUT GAS PRICES enough alternatives in place to move our dropped drastically. My restaurant and its The country is now looking toward nuclear goods, and without moving our goods, our staff members who are in a crisis state. power and that is great. Wind and solar economy will collapse. We, individually, un- Someone needs to do something. power might help a little, but they cannot derstand the impact on our family budgets BRANDY, Boise. produce enough. And drilling for more oil in for energy increases, but we have not yet new locations could also help. But these are begun to feel the entire impact that will To Whom It May Concern: all long-term solutions that cannot help trickle down to our level. I ride my bike almost everywhere I go so today. I think what makes us frustrated is We need to develop our own energy. We my gas price is $0/gallon. Also, my pollution that the oil companies are making record need to allow more drilling. We need to allow impact is minimal as is my road impact, and profits and they aren’t doing anything to refineries to be built. We need to allow nu- my health is excellent. help the country. It is sort of like their atti- clear power plants to be built. We need to de- MIKE, Boise.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.018 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2318 CONGRESSIONAL RECORD — SENATE February 13, 2009 Thank you for the opportunity to provide Years ago I was pleased to be able to wait Sincerely, input on this critical input. I am employed on your wife as she drove thru the MPCU BOB. as an Environmental Engineer at the Idaho teller window in Idaho Falls. With her in the National Laboratory—Materials Fuels Com- Suburban were a passel of kids. Now I also We must do all we can to mitigate the en- plex—a nuclear fuels research facility. have a few children, and these days with energy crisis gripping this nation. We can and Impacts—to name a few: ergy costs skyrocketing beyond the means of must become energy independent on natural Greatly reduced discretionary travel and many families I think it is important to gas in America. We have the resources here spending speak up. I think twice every time I drive to achieve this. Start drilling. Prices are on Marked increase in cost of food and my van because of the costs. We normally track to double by this winter. However, the consumables visit my family in Idaho Falls four times per brutal truth is that the neo-American Bol- Recent need to reduce percentage of in- year and this year will only be able to rea- shevik socialist left in this country will tie come saved for retirement and college tui- sonably afford two times, and a major com- this nation up in the courts for years to pre- tion for our children. ponent of that decision is the cost of fuel. vent this and force their agenda on this na- Huge increase in cost associated with heat- My husband is an engineer and drives ap- tion. They are arrogantly smug about their ing home (Rocky Mountain Power) and irri- proximately 20 miles round trip to work ability to control us now. And well they gate my property. every day. He and another co worker com- should be. They have been trained by some of Enormous cost increase in corn feed and mute to save fuel. We have not had as much the finest Marxist professors anywhere in fertilizer disposable income as heating, cooling and the world today, right here in the USA. In Inability to afford herbicides necessary to fuel prices have climbed at an astonishing the end, our epitaph will read that we de- combat noxious weeds on property pace. We have stopped eating as much meat stroyed ourselves with the very freedoms Decreased property values of vacation because of the cost of it. I water down the that made us the envy of the free world. May home in Island Park Idaho—given drastically milk to make it go further. We fortunately almighty God forgive us for what we have al- reduced numbers of vacation visitors to Fre- live far below our means, but many families lowed to happen to this grand experiment in mont Co. since gas and diesel have gone sky are not as fortunate as we are. One of my human freedom. high. dear friends works in 30 miles away, and RANDY. The high fuel costs have created an atmos- drives there from Moscow every day. With a f phere in virtually all commodities that the long daily commute, and with higher prices producer can falsely claim that their higher looming on the horizon who knows what this ADDITIONAL STATEMENTS prices charged are merely a result of higher winter will bring. She said that if it goes up energy costs. much more she will not make enough money Suggested Actions: to justify the driving. REMEMBERING WILLIAM H. ‘‘MO’’ Build infrastructure in U.S.—new, strategi- I am not asking for the government to fix MARUMOTO cally located refineries,—this is not just a this. The American people are resilient, and ∑ Mr. AKAKA. Mr. President, I wish to crude oil problem, and our refineries are an- the government’s micromanagement of en- express my deepest condolences and tiquated. ergy opportunities has only led us to higher Provide incentives to oil and gas compa- warmest aloha to the family and prices. You can bet if the oil companies are friends of William H. ‘‘Mo’’ Marumoto, nies to expand exploration—lower their cor- penalized for their comparatively tiny per porate tax. gallon profit, prices will continue to climb. who passed away last November. Prohibit reinstatement of wind†fall profits What I propose is for government to get Mr. Marumoto was an inspiration to taxes. out of the way. Pave the road to energy inde- all of those who came in contact with Eliminate overly burdensome environ- pendence with reduced regulation and open him. Those who knew him well knew of mental/permitting hurdles for petroleum ex- opportunity for exploration of all energy his selflessness and commitment to the ploration, siting and operation of oil refin- sources. We should pursue coal to oil, nu- eries, extraction/processing of oil shale, oils public good. clear, wind, methane, natural gas and every During World War II, Mr. Marumoto sands, etc. other type of fuel, with the goal of being en- Target drastically higher dollars for Uni- and his family spent 3 years in the Gila ergy independent. If the government will versity research of petroleum exploration, River internment camp in Arizona. just be reasonable, we could do all these extraction, and refining technologies. things. I appreciate your service, and your This experience did little to deter Mr. DEVELOP ANWR AND ALL OFFSHORE request for stories. Thank you for remem- Marumoto’s pursuit of excellence and RESOURCES bering that you are there in our place, re- service to his country. He served as Develop natural gas distribution infra- mind the others that they are too. student body president of his high structure—to gain access to the huge natural EMILY, Moscow. school, Santa Ana High School, and gas reserves in North America. later graduated from Whittier College. Never sign up to the Law of the Sea Trea- First I must say that I am a retired federal His remarkable career spanned over ty. employee with 34 years of service. As you five decades. He arrived in Washington, Reject Cap and Trade. know living on a fixed income is not easy at DC, in 1969 to serve as assistant to the Sign on to No global warming (hoax) trea- best, but with the cost of gas going up that ties or initiatives. is affecting EVERYTHING. I have cut back secretary of the Department of Health, Play economic hardball with China and on all non essential driving—even to travel Education and Welfare, responsible for India, whom subsidize their citizens’ use of 50 miles to see my elderly parents (80 & 78) recruiting senior executives for the Of- petroleum products. once a week to help them out. I have cut fice of Education. A year later, Mr. Firmly commandeer Iraq’s oil reserves as back on how often I mow the lawn to once Marumoto became the first Asian partial compensation for the loss of life and every 2 weeks. I do not own any recreation American to serve at the executive financial burden of the Iraq war. toys such as campers, 4-wheelers, boats or Thank you for the opportunity. P.S.—the level in the White House as an aide to motorcycles so cannot cut any RV usages. President Richard Nixon responsible U.S. is not too dependent upon fossil fuels; There will be very limited vacation trips this we are not using what we have on U.S. and summer. . . . Maybe to take my grandsons for filling Cabinet and sub-Cabinet adjacent soil wisely, or at all. camping. level positions. PAUL, Idaho Falls. I can remember back prior to the 70’s gas In 1973, he founded The Interface scare when the government had more con- Group Ltd., a Washington, DC-based I really appreciate your efforts to help out trols on the oil companies and gas was much executive search firm which specialized the public. I work as a receptionist at St more reasonable and there was still explo- in placing women and minorities in Alphonsus. Many patients are canceling ration being done by the oil companies. Now senior executive positions. He is fondly their appointments primarily because they without controls these companies are having remembered for his efforts to ensure cannot afford to drive, even if it is 5 miles record net profits (enough to lower the cost away. The public is not happy because of the of gas close to $1.00 a gallon), why is this diversity within the most senior levels gas prices. happening? Also the stock market futures on of government. My fiance´ and I just moved closer to where oil dictate price increases before the crude is He was a remarkable leader as presi- I work. If we did not I would not be able to even bought, but the drops in crude never dent and CEO of the Asian Pacific afford the gas to come to work. The rising seem to get passed on to consumers at the American Institute for Congressional gas prices are making the gap bigger be- same rate as the increases . . . again why is Studies and received numerous na- tween the rich and the poor. Something does this? tional professional awards for his work need to be done quickly. The greed needs to There was a march protesting the petro- in higher education, fundraising, direct come to an end and the government is the leum prices here in Lewiston a couple of only force here in the United States big weeks ago . . . what else can the people do to mail, events management, and publica- enough to help out the public. get thru to our government? tions. Thanks for understanding, Thank you for the opportunity to voice my My thoughts and prayers go out to MEGAN, Boise frustrations. Mo’s loved ones. He will be deeply

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.021 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2319 missed and his generosity will forever Just 6 years later, the Zulus used nounced that the House agreed to the be remembered. May he rest in peace.∑ their first float. It was rather modestly report of the committee of conference f decorated with palmetto leaves and on the disagreeing votes of the two moss. Of course, this first float gave Houses on the amendment of the Sen- TRIBUTE TO C. EDWARD BROWN rise to the more lavishly decorated ate to the bill (H.R. 1) making supple- ∑ Mr. GRASSLEY. Mr. President, I Zulu floats that we are accustomed to mental appropriations for job preserva- wish to recognize a fellow Iowan, C. Ed- seeing today. tion and creation, infrastructure in- ward ‘‘Ed’’ Brown, FACHE, on his elec- Since 1916, the Zulus have given the vestment, energy efficiency and tion as the chair of the board of direc- first official Mardi Gras toast to King science, assistance to the unemployed, tors of the American Medical Group and Queen Zulu at the Geddes and Moss and State and local fiscal stabilization, Association. Funeral Home on Washington Avenue. for the fiscal year ending September 30, Mr. Brown has had a distinguished Since 1910, the Zulus have been fa- 2009, and for other purposes. career in health care in Iowa where he mous for the Zulu Coconut, often has served for the last 15 years as chief called the ‘‘Golden Nugget,’’ which At 5:52 p.m., a message from the executive officer of the Iowa Clinic, a they throw from floats during Mardi House of Representatives, delivered by multispecialty group practice in Des Gras parades. The tradition developed, Ms. Niland, one of its reading clerks, Moines. Ed has a long list of achieve- and they began scraping and painting announced that the House has passed ments in delivering cutting edge, qual- the coconuts—now an indelible part of the following bill, in which it requests ity focused health care to the benefit of New Orleans Mardi Gras culture. the concurrence of the Senate: Iowans, and his achievements include In January, I was honored to receive H.R. 663. An act to designate the facility of the Iowa Clinic’s adoption of electronic from Zulu president Charles Hamilton, the United States Postal Service located at medical records and information tech- Jr., a special Zulu coconut as gift for 12877 Broad Street in Sparta, Georgia, as the nology systems. He holds a master’s ‘‘Yvonne Ingram-Ephraim Post Office Build- President Obama. Mr. Hamilton trav- degree in health administration from ing’’. eled to Washington by train to hand Washington University in St. Louis, deliver the gift, which I hope to present The message also announced that and he is a fellow of the American Col- to the President very soon. It was pursuant to 22 U.S.C. 1928a, and the lege of Healthcare Executives with hand-painted by Gretna artist Keith order of the House of January 6, 2009, over 25 years of experience in executive the Speaker appoints the following and senior levels of health care man- Eccles and incorporates Mardi Gras colors and themes with the distinctive Member of the House of Representa- agement. tives to the United States Group of the As the head of the American Medical red, white and blue of Washington, DC. Mr. Hamilton has said that he wanted NATO Parliamentary Assembly: Mr. Group Association, Ed’s vision and TANNER of Tennessee, Chairman. management skills will be put to good to give President Obama a piece of New f use in leading an organization that rep- Orleans and Zulu history. I can’t think resents some of the Nation’s highest of a better representation. MEASURES REFERRED quality and most prestigious health In addition to the Zulu coconut, the The following bill was read the first care delivery systems. It is wonderful Zulus’ contribution to New Orleans is and the second times by unanimous to see someone with such a distin- well-documented. The group proudly consent, and referred as indicated: participates in the Adopt-A-School pro- guished health care record in Iowa rec- H.R. 663. An act to designate the facility of ognized at the national level as a dedi- gram and contributes to Southern Uni- the United States Postal Service located at cated leader who is committed to im- versity’s scholarship fund. The Zulus 12877 Broad Street in Sparta, Georgia, as the proving health care at such an impor- also give Christmas baskets to needy ‘‘Yvonne Ingram-Ephraim Post Office Build- tant time for our Nation’s health care families each holiday season. ing’’; to the Committee on Homeland Secu- system. Over the years, many famous Lou- rity and Governmental Affairs. Ed’s voice will be a valuable con- isianians have taken part in the Zulu f tradition. In 1949, Louis Armstrong was tribution to the health care debate in EXECUTIVE AND OTHER King Zulu. And in 1988, New Orleans 2009 in Washington, and I congratulate COMMUNICATIONS him on this new chairmanship.∑ native Desiree Rogers—now the White The following communications were f House social secretary for President Obama—served as Zulu Queen. laid before the Senate, together with ZULUS 100TH BIRTHDAY This year, that proud tradition will accompanying papers, reports, and doc- ∑ Ms. LANDRIEU. Mr. President, this be carried on by Zulu King Tyrone uments, and were referred as indicated: month America reflects on a series of Mathieu, Sr., and Zulu Queen Sheila EC–754. A communication from the General notable birthdays and anniversaries, Barnes Mathieu. Counsel, National Credit Union Administra- including President Abraham Lincoln I congratulate the many generations tion, transmitting, pursuant to law, the returning 200, and the NAACP cele- port of a rule entitled ‘‘Credit Union Service of Zulus who have left their mark on Organizations’’ (RIN3133-AD20) received in brating its centennial. Mardi Gras and our great city of New the Office of the President of the Senate on In Louisiana, we are honoring a spe- Orleans. I ask the Senate to join me in February 9, 2009; to the Committee on Bank- cial birthday that is unique to our wishing the Zulus a happy 100th birth- ing, Housing, and Urban Affairs. State. The famous Zulu Social Aid & day—and all the best in the next 100 EC–755. A communication from the Assist- Pleasure Club will enjoy its 100th year. years.∑ ant to the Board of Governors of the Federal The Zulus have a special place in Reserve System, transmitting, pursuant to f Louisiana’s history, which is as color- law, the report of a rule entitled ‘‘Regulation ful as the signature Zulu decorative co- MESSAGES FROM THE HOUSE AA, Regulation DD and Regulation Z’’ ((Docket No. R-1314)(Docket No. R- conuts. For 100 years they have been an At 10:08 a.m., a message from the integral part of our Mardi Gras festivi- 1315)(Docket No. R-1286)) received in the Of- House of Representatives, delivered by fice of the President of the Senate on Feb- ties and New Orleans culture. Dubbing Mrs. Cole, one of its reading clerks, an- ruary 9, 2009; to the Committee on Banking, themselves ‘‘the everyman club,’’ the nounced that the House has agreed to Housing, and Urban Affairs. Zulu Social Aid & Pleasure club is the following concurrent resolution, in EC–756. A communication from the Chief, composed of African-American men which it requests the concurrence of Policy and Rules Division, Federal Commu- from all walks of life. the Senate: nications Commission, transmitting, pursu- While there are several stories about ant to law, the report of a rule entitled ‘‘Un- H. Con. Res. 35. Concurrent resolution hon- licensed Operation in the TV Broadcast how the Zulus first came about, we oring and praising the National Association know they made their first appearance Bands; Additional Spectrum for Unlicensed for the Advancement of Colored People on Devices Below 900 MHz and in the 3 GHz in the Mardi Gras parade in 1909 when the occasion of its 100th anniversary. Band’’ ((FCC 08-260)(ET Docket No. 04-186)) William Story led the Zulus as King. received in the Office of the President of the That year the group wore raggedy At 3:31 p.m., a message from the Senate on February 9, 2009; to the Com- pants and had a Jubilee-singing quar- House of Representatives, delivered by mittee on Commerce, Science, and Transpor- tet in front of and behind King Story. Mrs. Cole, one of its reading clerks, an- tation.

VerDate Nov 24 2008 06:35 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.049 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2320 CONGRESSIONAL RECORD — SENATE February 13, 2009 EC–757. A communication from the Assist- ative to Section 25(a)(6) of the Arms Export EC–779. A communication from the Chair- ant Secretary of the Army (Civil Works), Control Act; to the Committee on Foreign man, Council of the District of Columbia, transmitting, pursuant to law, a report rel- Relations. transmitting, pursuant to law, a report on ative to Salt River (Va Shly’ay Akimel), EC–769. A communication from the Acting D.C. Act 17-717, ‘‘Local Rent Supplement Maricopa County, Arizona; to the Committee General Counsel, Peace Corps, transmitting, Program Second Temporary Amendment Act on Environment and Public Works. pursuant to law, the report of a vacancy and of 2009’’ received in the Office of the Presi- EC–758. A communication from the Assist- designation of acting officer in the position dent of the Senate on February 9, 2009; to the ant Secretary of the Army (Civil Works), of Director of Peace Corps, received in the Committee on Homeland Security and Gov- transmitting, pursuant to law, a report rel- Office of the President of the Senate on Jan- ernmental Affairs. ative to Island Creek, West Virginia; to the uary 29, 2009; to the Committee on Foreign EC–780. A communication from the Chair- Committee on Environment and Public Relations. man, Council of the District of Columbia, Works. EC–770. A communication from the Chair- transmitting, pursuant to law, a report on EC–759. A communication from the Assist- man, Council of the District of Columbia, D.C. Act 17-718, ‘‘HPAP Temporary Act of ant Secretary of the Army (Civil Works), transmitting, pursuant to law, a report on 2009’’ received in the Office of the President transmitting, pursuant to law, a report rel- D.C. Act 17-709, ‘‘Firearms Registration of the Senate on February 9, 2009; to the ative to Salt River (Rio Salado Oeste), Ari- Amendment Act of 2008’’ received in the Of- Committee on Homeland Security and Gov- zona; to the Committee on Environment and fice of the President of the Senate on Feb- ernmental Affairs. Public Works. ruary 9, 2009; to the Committee on Homeland EC–781. A communication from the Chair- EC–760. A communication from the Assist- Security and Governmental Affairs. man, Council of the District of Columbia, ant Secretary of the Army (Civil Works), EC–771. A communication from the Chair- transmitting, pursuant to law, a report on transmitting, pursuant to law, a report rel- man, Council of the District of Columbia, D.C. Act 17-719, ‘‘Employment of Returning ative to Santa Cruz River, Arizona; to the transmitting, pursuant to law, a report on Veteran’s Tax Credit Temporary Act of 2009’’ Committee on Environment and Public D.C. Act 17-709, ‘‘14W and the YMCA Anthony received in the Office of the President of the Works. Bowen Project Real Property Tax Exemption Senate on February 9, 2009; to the Com- EC–761. A communication from the Assist- and Real Property Tax Relief Temporary Act mittee on Homeland Security and Govern- ant Secretary of the Army (Civil Works), of 2009’’ received in the Office of the Presi- mental Affairs. transmitting, pursuant to law, a report rel- dent of the Senate on February 9, 2009; to the EC–782. A communication from the Chair- ative to Tamiami Trail, Florida; to the Com- Committee on Homeland Security and Gov- man, Council of the District of Columbia, mittee on Environment and Public Works. ernmental Affairs. transmitting, pursuant to law, a report on EC–762. A communication from the Assist- EC–772. A communication from the Chair- D.C. Act 17-720, ‘‘Public Service Commission ant Secretary of the Army (Civil Works), man, Council of the District of Columbia, Holdover Temporary Amendment Act of transmitting, pursuant to law, a report rel- transmitting, pursuant to law, a report on 2009’’ received in the Office of the President ative to Liberty State Park, New Jersey; to D.C. Act 17-710, ‘‘The Urban Institute Real of the Senate on February 9, 2009; to the the Committee on Environment and Public Property Tax Abatement Temporary Act of Committee on Homeland Security and Gov- Works. 2009’’ received in the Office of the President ernmental Affairs. EC–763. A communication from the Direc- of the Senate on February 9, 2009; to the EC–783. A communication from the Chair- tor, Regulatory Management Division, Envi- Committee on Homeland Security and Gov- man, Council of the District of Columbia, ronmental Protection Agency, transmitting, ernmental Affairs. transmitting, pursuant to law, a report on EC–773. A communication from the Chair- pursuant to law, the report of a rule entitled D.C. Act 17-721, ‘‘District Employee Protec- man, Council of the District of Columbia, ‘‘Prevention of Significant Deterioration tion Temporary Act of 2009’’ received in the transmitting, pursuant to law, a report on (PSD) and Nonattainment New Source Re- Office of the President of the Senate on Feb- D.C. Act 17-711, ‘‘Get DC Residents Training view (NSR): Aggregation’’ (FRL-8773-2) re- ruary 9, 2009; to the Committee on Homeland for Jobs Now Temporary Act of 2009’’ received in the Office of the President of the Security and Governmental Affairs. ceived in the Office of the President of the EC–784. A communication from the Chair- Senate on February 9, 2009; to the Com- Senate on February 9, 2009; to the Com- man, Council of the District of Columbia, mittee on Environment and Public Works. mittee on Homeland Security and Govern- transmitting, pursuant to law, a report on EC–764. A communication from the Direc- mental Affairs. D.C. Act 17-722, ‘‘Lead-Hazard Prevention tor, Regulatory Management Division, Envi- EC–774. A communication from the Chair- and Elimination Act of 2008’’ received in the ronmental Protection Agency, transmitting, man, Council of the District of Columbia, Office of the President of the Senate on Feb- pursuant to law, the report of a rule entitled transmitting, pursuant to law, a report on ruary 9, 2009; to the Committee on Homeland ‘‘Prevention of Significant Deterioration D.C. Act 17-712, ‘‘GPS Anti-Tampering Tem- Security and Governmental Affairs. (PSD) and Nonattainment New Source Re- porary Act of 2009’’ received in the Office of EC–785. A communication from the Chair- view (NSR): Aggregation’’ (FRL-8773-3) re- the President of the Senate on February 9, man, Council of the District of Columbia, ceived in the Office of the President of the 2009; to the Committee on Homeland Secu- transmitting, pursuant to law, a report on Senate on February 9, 2009; to the Com- rity and Governmental Affairs. D.C. Act 17-723, ‘‘Paramedic and Emergency mittee on Environment and Public Works. EC–775. A communication from the Chair- Medical Technician Transition Amendment EC–765. A communication from the Direc- man, Council of the District of Columbia, Act of 2008’’ received in the Office of the tor, Regulatory Management Division, Envi- transmitting, pursuant to law, a report on President of the Senate on February 9, 2009; ronmental Protection Agency, transmitting, D.C. Act 17-713, ‘‘Equitable Parking Meter to the Committee on Homeland Security and pursuant to law, the report of a rule entitled Rates Temporary Amendment Act of 2009’’ Governmental Affairs. ‘‘Regulation of Fuels and Fuel Additives: received in the Office of the President of the EC–786. A communication from the Direc- Gasoline and Diesel Fuel Test Methods’’ Senate on February 9, 2009; to the Com- tor of Legislative Affairs, Office of the Direc- (FRL-8771-6) received in the Office of the mittee on Homeland Security and Govern- tor of National Intelligence, transmitting, President of the Senate on February 9, 2009; mental Affairs. pursuant to law, the report of a vacancy in to the Committee on Environment and Pub- EC–776. A communication from the Chair- the position of Principal Deputy Director of lic Works. man, Council of the District of Columbia, National Intelligence, received in the Office EC–766. A communication from the Direc- transmitting, pursuant to law, a report on of the President of the Senate on January 29, tor, Regulatory Management Division, Envi- D.C. Act 17-714, ‘‘Taxi Zone Operating Hours 2009; to the Select Committee on Intel- ronmental Protection Agency, transmitting, Temporary Amendment Act of 2009’’ received ligence. pursuant to law, the report of a rule entitled in the Office of the President of the Senate EC–787. A communication from the Acting ‘‘National Emission Standards for Hazardous on February 9, 2009; to the Committee on General Counsel, Executive Office for Immi- Air Pollutants From Petroleum Refineries’’ Homeland Security and Governmental Af- gration Review, Department of Justice, (FRL-8768-2) received in the Office of the fairs. transmitting, pursuant to law, the report of President of the Senate on January 29, 2009; EC–777. A communication from the Chair- a rule entitled ‘‘Reorganization of Regula- to the Committee on Environment and Pub- man, Council of the District of Columbia, tions on Control of Employment of Aliens’’ lic Works. transmitting, pursuant to law, a report on (RIN1125-AA64) received in the Office of the EC–767. A communication from the Chief of D.C. Act 17-715, ‘‘Reimbursable Details Clari- President of the Senate on February 9, 2009; the Publications and Regulations Branch, In- fication Temporary Act of 2009’’ received in to the Committee on the Judiciary. ternal Revenue Service, Department of the the Office of the President of the Senate on EC–788. A communication from the Acting Treasury, transmitting, pursuant to law, the February 9, 2009; to the Committee on Home- Under Secretary of Defense (Personnel and report of a rule entitled ‘‘Allocation of Sec- land Security and Governmental Affairs. Readiness), transmitting the report of (2) of- tion 36 First-Time Homebuyer Credit Be- EC–778. A communication from the Chair- ficers authorized to wear the insignia of the tween Taxpayers Who Are Not Married’’ (No- man, Council of the District of Columbia, next higher grade in accordance with title 10, tice 2009-12) received in the Office of the transmitting, pursuant to law, a report on United States Code, section 777; to the Com- President of the Senate on February 9, 2009; D.C. Act 17-716, ‘‘Uniform Child Abduction mittee on Armed Services. to the Committee on Finance. Prevention Act of 2008’’ received in the Office EC–789. A communication from the Asso- EC–768. A communication from the Direc- of the President of the Senate on February 9, ciate General Counsel for Legislation and tor, Defense Security Cooperation Agency, 2009; to the Committee on Homeland Secu- Regulations, Office of the Secretary, Depart- transmitting, pursuant to law, a report rel- rity and Governmental Affairs. ment of Housing and Urban Development,

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.033 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2321 transmitting, pursuant to law, the report of ceived in the Office of the President of the ation of new capital investment, which will a rule entitled ‘‘Refinement of Income and Senate on February 9, 2009; to the Com- result in the expansion of employment op- Rent Determination Requirements in Public mittee on Finance. portunities and help jump-start long-term and Assisted Housing Programs; Final Rule’’ EC–798. A communication from the Chief of capital investment by private investors.; and (RIN2501-AD16) received in the Office of the the Publications and Regulations Branch, In- Whereas, as government leaders, we must President of the Senate on February 9, 2009; ternal Revenue Service, Department of the ensure the continued viability of our auto- to the Committee on Banking, Housing, and Treasury, transmitting, pursuant to law, the motive and machine tool industries, which is Urban Affairs. report of a rule entitled ‘‘Application of Sec- a vital element of the State and federal EC–790. A communication from the Sec- tion 367 to a Section 351 Exchange Resulting economy; and retary, Division of Investment Management, from a Transaction Described in Section Whereas, diversification of the productive Securities and Exchange Commission, trans- 304(a)(1); Treatment of Gain Recognized potential of the automotive and machine mitting, pursuant to law, the report of a rule under Section 301(c)(3) for Purposes of Sec- tool industries into a broader sector of pro- entitled ‘‘Interactive Data for Mutual Fund tion 1248’’ (RIN1545-BI42) received in the Of- duction, coupled with a shift into the domain of essential capital goods and economic in- Risk/Return Summary’’ (RIN3235-AK13) re- fice of the President of the Senate on Feb- frastructure, such as the repair, expansion, ceived in the Office of the President of the ruary 9, 2009; to the Committee on Finance. and improvement of our national railway Senate on February 9, 2009; to the Com- EC–799. A communication from the Chief of systems, and the development of other ur- mittee on Banking, Housing, and Urban Af- the Publications and Regulations Branch, In- gently needed infrastructure projects, will fairs. ternal Revenue Service, Department of the save existing manufacturing jobs and create EC–791. A communication from the Attor- Treasury, transmitting, pursuant to law, the large new areas of employment in infrastruc- ney Advisor, U.S. Coast Guard, Department report of a rule entitled ‘‘Procedures for Ad- ture and manufacturing for our citizenry in of Homeland Security, transmitting, pursu- ministrative Review of a Determination a manner comparable to the best of the New ant to law, the report of a rule entitled That an Authorized Recipient Has Failed to ‘‘Regulated Navigation Area and Safety Deal programs that rescued the nation and Safeguard Tax Returns or Return Informa- the world from the ravages of the Great De- Zone, Chicago Sanitary and Ship Canal, tion’’ (RIN1545-BF21) received in the Office of Romeoville, IL’’ ((RIN1625-AA11)(Docket No. pression; and the President of the Senate on February 9, Whereas, the impact of this intervention USCG-2008-1247)) received in the Office of the 2009; to the Committee on Finance. will be to provide thousands of productive President of the Senate on February 9, 2009; EC–800. A communication from the Chief of jobs in the state of New Jersey, repair our to the Committee on Commerce, Science, the Publications and Regulations Branch, In- infrastructure, and create at least ten mil- and Transportation. ternal Revenue Service, Department of the lion jobs nationally, thus restoring our tax EC–792. A communication from the Attor- Treasury, transmitting, pursuant to law, the base and increasing the standard of living. ney Advisor, U.S. Coast Guard, Department report of a rule entitled ‘‘Gain Recognition Now, therefore, be it of Homeland Security, transmitting, pursu- Agreements with Respect to Certain Trans- Resolved by the Senate of the State of New ant to law, the report of a rule entitled fers of Stock or Securities by United States Jersey: ‘‘Gasco Regulated Navigation Area, Willam- Persons to Foreign Corporations’’ (RIN1545- 1. The Senate of the State of New Jersey ette River, Portland, OR’’ ((RIN1625- BG09) received in the Office of the President respectfully memorializes the Congress of AA11)(Docket No. USCG-2008-0112)) received of the Senate on February 9, 2009; to the the United States to intervene on behalf of in the Office of the President of the Senate Committee on Finance. national economic interests to ensure that on February 9, 2009; to the Committee on EC–801. A communication from the Direc- the productive potential of the automobile Commerce, Science, and Transportation. tor, Legislative and Regulatory Department, industry, with its featured technology and EC–793. A communication from the Attor- Pension Benefit Guaranty Corporation, machine tool capability, be protected. ney Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of 2. The Senate of the State of New Jersey of Homeland Security, transmitting, pursu- a rule entitled ‘‘Benefits Payable in Termi- respectfully memorializes the Congress of ant to law, the report of a rule entitled nated Single-Employer Plans; Interest As- the United States to intervene to vastly ex- ‘‘Drawbridge Operation Regulation; Willam- sumptions for Valuing and Paying Benefits’’ pand the construction and maintenance of ette River, Portland, OR, Schedule Change’’ (29 CFR Part 4022) received in the Office of infrastructure projects and related indus- ((RIN1625-AA09)(Docket No. USCG-2008-0721)) the President of the Senate on February 13, tries. received in the Office of the President of the 2009; to the Committee on Health, Education, 3. Duly authenticated copies of this resolu- Senate on February 9, 2009; to the Com- Labor, and Pensions. tion, signed by the President of the Senate mittee on Commerce, Science, and Transpor- and attested by the Secretary thereof, shall tation. f be transmitted to each member of New Jer- EC–794. A communication from the Attor- PETITIONS AND MEMORIALS sey’s congressional delegation and to the ney Advisor, U.S. Coast Guard, Department Speaker and Clerk of the United States of Homeland Security, transmitting, pursu- The following petitions and memo- House of Representatives, Washington, D.C. ant to law, the report of a rule entitled rials were laid before the Senate and and the President and Secretary of the ‘‘McCormick & Baxter Regulated Navigation were referred or ordered to lie on the United States Senate, Washington, D.C. Area, Willamette River, Portland, OR’’ table as indicated: ((RIN1625-AA11)(Docket No. USCG-2008-0121)) POM–7. A resolution adopted by the Senate POM–8. A resolution adopted by the Senate received in the Office of the President of the of the State of New Jersey memorializing of the State of Michigan memorializing the Congress to assist Michigan in rebuilding the Senate on February 9, 2009; to the Com- Congress to protect the automobile industry State’s economy, in light of Michigan’s high mittee on Commerce, Science, and Transpor- and expand national infrastructure projects rate of unemployment and pressures on the tation. and related industries; to the Committee on State’s Unemployment Trust Fund; to the EC–795. A communication from the Project Banking, Housing, and Urban Affairs. Counsel, U.S. Coast Guard, Department of Committee on Finance. SENATE RESOLUTION NO. 37 Homeland Security, transmitting, pursuant SENATE RESOLUTION NO. 232 to law, the report of a rule entitled ‘‘Consoli- Whereas, a number of specialists have Whereas, our nation is facing an economic dation of Merchant Mariner Qualification warned that the collapse of the national crisis, the depth and breath of which has not Credentials’’ ((RIN1625-AB02)(Docket No. economy could occur if certain stop-gap and been seen in decades. With Michigan’s his- USCG-2006-24371)) received in the Office of long-term actions are not implemented to toric connection to the automotive industry, the President of the Senate on February 9, overcome the problems facing the auto- the Great Lakes State’s economic struggles 2009; to the Committee on Commerce, motive and machine tool sectors of our econ- have been a precursor to the nation’s eco- Science, and Transportation. omy; and nomic maelstrom. Michigan has the nation’s EC–796. A communication from the Chief of Whereas, the loss of the physical capabili- highest unemployment rate and has lost the Publications and Regulations Branch, In- ties of the automotive industry, especially 538,000 jobs since 2000. Clearly, federal assist- ternal Revenue Service, Department of the its tool sector, could mean the end of Amer- ance is necessary to help Michigan restart Treasury, transmitting, pursuant to law, the ica’s status as a leading world economic its economic engine and help drive the na- report of a rule entitled ‘‘Update of Weighted power; and tional economy back to full recovery. Given Average Interest Rates, Yield Curves, and Whereas, while it is in the best interests of the severity of Michigan’s economic down- Segment Rates’’ (Notice 2009-16) received in our national security to have a strong, vi- turn, the state should be given priority when the Office of the President of the Senate on brant manufacturing and industrial sector, distributing stimulus dollars to spur eco- February 9, 2009; to the Committee on Fi- capable of producing the necessary machin- nomic growth in our country; and nance. ery and technology to defend the citizens of Whereas, indeed, Michigan is now at a tip- EC–797. A communication from the Chief of the United States and protect our interests ping point between economic despair and re- the Publications and Regulations Branch, In- abroad, our manufacturing and industrial covery. Technological innovation and busi- ternal Revenue Service, Department of the sector has experienced a dramatic reduction ness reforms and efficiencies adopted in re- Treasury, transmitting, pursuant to law, the in capacity and production over the last sev- sponse to Michigan’s ‘‘one-state recession’’ report of a rule entitled ‘‘Leaking Under- eral decades; and are already paying dividends. However, the ground Storage Tank Remediation Reim- Whereas, government has an obligation to national economy and numerous federal poli- bursement Program’’ (LMSB-4-1108-054) re- promote economic activity through the cre- cies have continued to negatively impact our

VerDate Nov 24 2008 06:27 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.036 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2322 CONGRESSIONAL RECORD — SENATE February 13, 2009 state’s ability to pull itself up by its boot- tation by adults using the Internet, and for S. 448. A bill to maintain the free flow of straps. Chief among these are Michigan’s other purposes; to the Committee on the Ju- information to the public by providing condi- longtime status as a donor state for federal diciary. tions for the federally compelled disclosure highway funding dollars and the relative By Mr. SPECTER (for himself, Mr. of information by certain persons connected lack of federal public works and defense in- GRAHAM, Mr. LEAHY, Mr. WYDEN, Mr. with the news media; to the Committee on vestment in this state; and CRAPO, Mr. MARTINEZ, and Ms. the Judiciary. Whereas, Congress could be of great assist- LANDRIEU): By Mr. SPECTER (for himself, Mr. ance in our state’s economic redevelopment S. 437. A bill to amend the Internal Rev- LIEBERMAN, and Mr. SCHUMER): efforts, in particular, temporarily sus- enue Code of 1986 to allow the deduction of S. 449. A bill to protect free speech; to the pending the federal match for highway infra- attorney-advanced expenses and court costs Committee on the Judiciary. structure investment, improving the state’s in contingency fee cases; to the Committee By Mr. BAUCUS (for himself, Ms. share of federal highway funding so Michigan on Finance. STABENOW, Mr. TESTER, Mr. CONRAD, is no longer a donor state, and giving greater By Mr. WHITEHOUSE: Mr. JOHNSON, and Mr. SCHUMER): weight to Michigan firms in contracting S. 438. A bill to provide for the voluntary S. 450. A bill to understand and comprehen- would provide an immediate stimulus to our development by States of qualifying best sively address the oral health problems asso- stagnant state economy. Moreover, longer practices for health care and to encourage ciated with methamphetamine use; to the term efforts such as creating tax-free state such voluntary development by amending ti- Committee on Health, Education, Labor, and economic recovery zones; reducing taxation tles XVIII and XIX of the Social Security Pensions. Act to provide differential rates of payment on innovation, production, and investment; f allowing states to designate certain areas of favoring treatment provided consistent with the state as exempt from federal corporate qualifying best practices under the Medicare SUBMISSION OF CONCURRENT AND taxes capped at $1 billion per year; enhanc- and Medicaid programs, and for other pur- SENATE RESOLUTIONS poses; to the Committee on Finance. ing investment tax credit availability; and The following concurrent resolutions targeting federal infrastructure investment By Mr. INOUYE: S. 439. A bill to provide for and promote and Senate resolutions were read, and to those states with the highest rates of un- the economic development of Indian tribes referred (or acted upon), as indicated: employment would help provide economic by furnishing the necessary capital, financial stability where it is needed the most; now, By Mr. LUGAR: services, and technical assistance to Indian- therefore, be it S. Res. 49. A resolution to express the sense Resolved by the Senate, that we hereby me- owned business enterprises, to stimulate the of the Senate regarding the importance of development of the private sector of Indian morialize the Congress of the United States public diplomacy; to the Committee on For- tribal economies, and for other purposes; to to assist Michigan in rebuilding the state’s eign Relations. the Committee on Indian Affairs. economy, in light of unemployment and By Ms. LANDRIEU: By Mr. SPECTER (for himself and Mr. pressures on the state’s Unemployment S. Res. 50. An original resolution author- LEAHY): izing expenditures by the Committee on Trust Fund; and be it further S. 440. A bill to amend the Internal Rev- Resolved, That copies of this resolution be Small Business and Entrepreneurship; from enue Code of 1986 to allow an above-the-line transmitted to the President of the United the Committee on Small Business and Entre- deduction for attorney fees and costs in con- States Senate, the Speaker of the United preneurship; to the Committee on Rules and nection with civil claim awards; to the Com- States House of Representatives, and the Administration. mittee on Finance. By Mrs. FEINSTEIN (for herself, Mrs. members of the Michigan congressional dele- By Mr. WHITEHOUSE (for himself, Mr. gation. BOXER, Mr. DURBIN, and Mr. FEINGOLD, Mr. LEAHY, Mr. SANDERS, WHITEHOUSE): Mr. TESTER, and Ms. STABENOW): POM–9. A report from a law enforcement S. Con. Res. 7. A concurrent resolution S. 441. A bill to encourage the development honoring and remembering the life of Law- office relative to the Open Government Sun- of coordinated quality reforms to improve set Review Act; to the Committee on Fi- rence ‘‘Larry’’ King; to the Committee on health care delivery and reduce the cost of the Judiciary. nance. care in the health care system; to the Com- f mittee on Health, Education, Labor, and f REPORTS OF COMMITTEES Pensions. ADDITIONAL COSPONSORS By Mr. DORGAN (for himself and Ms. S. 144 The following reports of committees SNOWE): were submitted: S. 442. A bill to impose a limitation on life- At the request of Mr. KERRY, the By Ms. LANDRIEU, from the Committee time aggregate limits imposed by health name of the Senator from Mississippi on Small Business and Entrepreneurship, plans; to the Committee on Health, Edu- (Mr. COCHRAN) was added as a cospon- without amendment: cation, Labor, and Pensions. sor of S. 144, a bill to amend the Inter- S. Res. 50. An original resolution author- By Mrs. MURRAY (for herself and Ms. nal Revenue Code of 1986 to remove cell izing expenditures by the Committee on CANTWELL): S. 443. A bill to transfer certain land to the phones from listed property under sec- Small Business and Entrepreneurship. United States to be held in trust for the Hoh tion 280F. f Indian Tribe, to place land into trust for the S. 259 INTRODUCTION OF BILLS AND Hoh Indian Tribe, and for other purposes; to At the request of Mr. BOND, the name JOINT RESOLUTIONS the Committee on Indian Affairs. of the Senator from North Dakota (Mr. By Mr. WHITEHOUSE: CONRAD) was added as a cosponsor of S. The following bills and joint resolu- S. 444. A bill to provide for the establish- 259, a bill to establish a grant program tions were introduced, read the first ment of a health information technology and to provide vision care to children, and and second times by unanimous con- privacy system; to the Committee on Health, for other purposes. sent, and referred as indicated: Education, Labor, and Pensions. By Mr. SPECTER (for himself, Ms. S. 311 By Mr. KERRY (for himself and Mr. LANDRIEU, Mr. CARPER, Mr. KERRY, At the request of Mrs. BOXER, the GRASSLEY): Mrs. MCCASKILL, and Mr. COCHRAN): name of the Senator from Rhode Island S. 434. A bill to amend title XIX of the So- S. 445. A bill to provide appropriate protec- cial Security Act to improve the State plan tion to attorney-client privileged commu- (Mr. WHITEHOUSE) was added as a co- amendment option for providing home and nications and attorney work product; to the sponsor of S. 311, a bill to prohibit the community-based services under the Med- Committee on the Judiciary. application of certain restrictive eligi- icaid program, and for other purposes; to the By Mr. SPECTER (for himself, Mr. bility requirements to foreign non- Committee on Finance. GRASSLEY, Mr. DURBIN, Mr. SCHUMER, governmental organizations with re- By Mr. CASEY (for himself and Ms. Mr. FEINGOLD, and Mr. CORNYN): spect to the provision of assistance SNOWE): S. 446. A bill to permit the televising of Su- under part I of the Foreign Assistance S. 435. A bill to provide for evidence-based preme Court proceedings; to the Committee and promising practices related to juvenile on the Judiciary. Act of 1961. delinquency and criminal street gang activ- By Mr. LEVIN: S. 332 ity prevention and intervention to help build S. 447. A bill to amend the Commodity Ex- At the request of Mrs. FEINSTEIN, the individual, family, and community strength change Act to prevent excessive price specu- names of the Senator from California and resiliency to ensure that youth lead pro- lation with respect to energy and agricul- (Mrs. BOXER) and the Senator from ductive, safe, health, gang-free, and law- tural commodities, and for other purposes; Louisiana (Mr. VITTER) were added as abiding lives; to the Committee on the Judi- to the Committee on Agriculture, Nutrition, ciary. and Forestry. cosponsors of S. 332, a bill to establish By Mr. CORNYN: By Mr. SPECTER (for himself, Mr. a comprehensive interagency response S. 436. A bill to amend title 18, United SCHUMER, Mr. LUGAR, and Mr. to reduce lung cancer mortality in a States Code, to protect youth from exploi- GRAHAM): timely manner.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.051 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2323 S. 358 billion per year on long-term services. deal with the consequences of inad- At the request of Mr. CORNYN, the Despite recognizing that per person equate services available to their fam- names of the Senator from Georgia spending is much lower in community ily members. (Mr. CHAMBLISS), the Senator from Or- settings, and that people generally pre- Access to HCBS affects individuals in egon (Mr. WYDEN) and the Senator fer community services, Medicaid still all stages of life, including Americans from Pennsylvania (Mr. SPECTER) were spends 61 percent of its long-term serv- dealing with conditions such as Alz- added as cosponsors of S. 358, a bill to ices spending in institutional settings. heimer’s. Take Ann Bowers and Jay ensure the safety of members of the This disparity is due, in large part, to Sweatman for example. Without access United States Armed Forces while a strong access and payment bias in to HCBS services, Jay, who suffers using expeditionary facilities, infra- the program for institutional care. from early onset Alzheimer’s, was structure, and equipment supporting Where Medicaid does offer HCBS, it forced to first move into assisted living United States military operations is often in short supply, with more and then a nursing home. By the time overseas. than 280,000 Medicaid beneficiaries on Jay was approved for HCBS it was too S. 421 waiting lists for HCBS waiver services. late and he was no longer able to live Further, eligibility for HCBS waiver At the request of Mr. SPECTER, the independently. Ann had worked tire- services requires beneficiaries to al- names of the Senator from Iowa (Mr. lessly to coordinate her husband’s care ready have a very significant level of HARKIN), the Senator from Oregon (Mr. and get additional HCBS support but disability before gaining access, and WYDEN), the Senator from Kansas (Mr. the process was so difficult that by the they must meet a level of functional ROBERTS) and the Senator from West time help came, it was simply too late. need that qualifies them for a nursing Virginia (Mr. ROCKEFELLER) were added This is just one case of many where home. This not only contributes to the as cosponsors of S. 421, a bill to impose early HCBS intervention would have unmet needs of those in the commu- a temporary moratorium on the phase not only saved time, money, and stress nity but it also prevents states from out of the Medicare hospice budget for family members, but would have providing services that can help pre- neutrality adjustment factor. made a significant impact on the qual- vent beneficiaries from one day requir- ity of life and personal independence S. 427 ing high-cost institutional care. While for Jay and Ann. At the request of Mrs. LINCOLN, the institutionalized care may be an appro- Today I am introducing, with my col- name of the Senator from South Da- priate choice for some, it should be just league from the Finance Committee, kota (Mr. THUNE) was added as a co- that: a choice that individuals and Senator GRASSLEY, the Empowered at sponsor of S. 427, a bill to amend title families are allowed to make about the Home Act, a bill that increases access XVI of the Social Security Act to clar- most appropriate setting for their own to home and community-based services ify that the value of certain funeral care. by giving states new tools and incen- and burial arrangements are not to be The result of Medicaid’s ‘‘institu- tives to make these services more considered available resources under tional bias’’ is that, according to the available to those in need. It has four the supplemental security income pro- Georgetown Health Policy Institute, basic parts. gram. ‘‘one in five persons living in the com- First, it will improve the Medicaid S. 433 munity with a need for assistance from HCBS State Plan Amendment Option At the request of Ms. KLOBUCHAR, her others has unmet needs, endangering by giving states more flexibility in de- name was added as a cosponsor of S. their health and demeaning their qual- termining eligibility for which services 433, a bill to amend the Public Utility ity of life.’’ This is simply unaccept- they can offer under the program, Regulatory Policies Act of 1978 to es- able. which will create greater options for tablish a renewable electricity stand- The lack of long-term care options individuals in need of long-term sup- ard, and for other purposes. available to families has a significant ports. In return we ask that states no f impact on their lives. Many of my con- longer cap enrollment and that serv- stituents are affected, as are countless ices be offered throughout the entire STATEMENTS ON INTRODUCED Americans across the country. Take BILLS AND JOINT RESOLUTIONS state. the parents living in Newton who con- Second, the bill ensures that the By Mr. KERRY (for himself and tinue to wait for their physically dis- same spousal impoverishment protec- Mr. GRASSLEY): abled daughter, Julia, to have the options offered for new nursing home S. 434. A bill to amend title XIX of portunity to live independently. Julia beneficiaries will be in place for those the Social Security Act to improve the is a young adult and instead of starting opting for home and community-based State plan amendment option for pro- out on her own, she must watch as her services. In addition, low-income re- viding home and community-based peers move away and begin their inde- cipients of home and community-based services under the Medicaid program, pendent lives—something she yearns to services will be able to keep more of and for other purposes; to the Com- do as well. Growing up, Julia was able their assets when they become eligible mittee on Finance. to attend Newton schools and keep a for Medicaid, allowing them to stay in Mr. KERRY. Mr. President, every day similar schedule to other children in their community as long as possible. millions of Americans are faced with the community but now has limited so- Third, the Empowered at Home Act significant challenges when it comes to cial interaction, as there is no other addresses the financial needs of spouses meeting their own personal needs or option but to live at home with her and family members caring for a loved caring for a loved one who needs sub- parents. Julia’s parents are her full one by offering tax-related provisions stantial support. Many elderly Ameri- time caregivers and would like to see to support family caregivers and pro- cans and individuals of all ages with her able to live in an environment motes the purchase of meaningful pri- disabilities need long-term services and more conducive to both her needs and vate long-term care insurance. supports, such as assistance with dress- their own. Community-based care or Finally, the bill seeks to improve the ing, bathing, preparing meals, and home-based care in an apartment she overall quality of home and commu- managing chronic conditions. They could share with a roommate are op- nity-based services available by pro- prefer to live and work in their com- tions Julia and her parents would mu- viding grants for states to invest in or- munity, and it is time that the Federal tually benefit from. As the opportuni- ganizations and systems that can help Government and states act as better ties for the future grow for her peers, to ensure a sufficient supply of high partners to provide improved access to Julia’s options continue to shrink be- quality workers, promote health, and home and community-based long-term cause housing and home-based supports transform home and community-based care services, HCBS. for adults with disabilities are limited care to be more consumer-centered. The Medicaid program, administered at best. I have heard many stories I want to say a word about the Com- by the States but jointly financed with similar to that of Julia, which empha- munity Choice Act, legislation long- the Federal Government, is our na- sizes the urgency in which HCBS is championed by Senator HARKIN that tion’s largest payer for long-term care needed. In addition to individual lives would make HCBS a mandatory benefit services. Medicaid spends about $100 being put on hold, entire families must in Medicaid. I am a strong supporter

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.031 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2324 CONGRESSIONAL RECORD — SENATE February 13, 2009 and co-sponsor of this landmark legis- Senator KERRY, I hope to set us on the during the 110th Congress. In this bill, lation, and look forward to working for path to completing the work we start- the income eligibility standard would its enactment as soon as possible. The ed in 2005 and continued in 2008. be raised for access to covered services legislation I am introducing today Making our long-term care system under section 1915(i) to persons who seeks to supplement—not supplant— more efficient is a critical goal as we qualify for Medicaid because their in- the Community Choice Act by increas- consider the future of health care. come does not exceed a specified level ing access to HCBS for those who are There are more than 35 million Ameri- established by the state up to 300 per- disabled but not at a sufficient level of cans, roughly 12 percent of the U.S. cent of the maximum Supplemental need to qualify for nursing home serv- population, over the age of 65. This Security Income, SSI, payment appli- ices. These two complimentary bills number is expected to increase dra- cable to a person living at home. This will finally make HCBS a right while matically over the next few decades as will significantly increase the number vastly improving HCBS availability to the baby boomers age and life expect- of people eligible for these services. vulnerable citizens of varying levels of ancy increases. According to the U.S. States will be able to align their insti- disability. Administration on Aging, by the year tutional and home and community- I would also like to thank a number 2030, there will be more than 70 million based care income eligibility levels. of organizations who have been inte- elderly persons in the United States. The bill would also establish two new gral to the development of the Empow- As the U.S. population ages, more and optional eligibility pathways into Med- ered at Home Act and who have en- more Americans will require long-term icaid. These groups would be eligible dorsed it today, including the National care services. for section 1915(i) home and commu- Council on Aging, the American Asso- The need for long-term care will also nity-based services as well as services ciation of Retired Persons, AARP, the be affected by the number of individ- offered under a state’s broader Med- Arc of the United States, United Cere- uals under the age of 65 who may re- icaid program. Under this bill, states with an approved 1915(k) state plan bral Palsy, the American Association quire a lifetime of care. Currently, al- amendment would have the option to of Homes and Services for the Aging, most half of all Americans who need extend Medicaid eligibility to individ- the Alzheimer’s Association, the Na- long-term care services are individuals uals: who are not otherwise eligible for tional Association of Area Agencies on with disabilities under the age of 65. medical assistance; whose income does Aging, the American Geriatrics Soci- This number includes over 5 million not exceed 300 percent of the supple- working-age adults and approximately ety, ANCOR, the Trust for America’s mental security income benefit rate; 400,000 children. Health, and SEIU. and who would satisfy state-estab- Improving access to a range of long- Long-term care for elderly and dis- lished needs-based criteria based upon term care services for the elderly and abled individuals, including care at a state’s determination that the provi- Americans of all ages with disabilities home and in nursing homes, represents sion of home and community-based is an issue that must not stray from almost 40 percent of Medicaid expendi- services would reasonably be expected our Nation’s health care priorities. I tures. Contrary to general assump- to prevent, delay, or decrease the need believe this legislation can move for- tions, it is Medicaid, not Medicare that for institutionalized care. Under this pays for the largest portion of long- ward in a bi-partisan manner to dra- new eligibility pathway, states could term care for the elderly. Over 65 per- matically improve access to high-qual- choose to either limit Medicaid bene- cent of Medicaid long-term care ex- ity home and community-based care fits to those home and community- penditures support elderly and disabled for the millions of Americans who are based services offered under section not receiving the significant supports individuals in nursing facilities and in- 1915(k) or allow eligibles to access serv- and services they need. stitutions. Although most people who ices available under a state’s broader Mr. GRASSLEY. Mr. President, I am need long-term care prefer to remain Medicaid program in addition to the pleased to join my colleague Senator at home, Medicaid spending for long- 1915(k) benefits. These changes will KERRY today to re-introduce the Em- term care remains heavily weighted to- give the states the option of exploring powered at Home Act for the 111th Con- ward institutional care. the use of an interventional use of Section 6086 of the Deficit Reduction gress. This bill is a continuation of ef- home and community-based services. If forts that I undertook in 2005 and again Act of 2005, DRA, P.L. 109–171, was states have the flexibility to provide in 2008 to improve access to home and based on the Improving Long-term the benefit as contemplated in the bill, community based services for those Care Choices Act. The DRA provision they can try to delay the need for in- needing long-term care. This is an im- authorized a new optional benefit stitutional care and keep people in portant piece of legislation that con- under Medicaid that allows states to their homes longer. tinues our efforts to make cost-effec- extend home and community-based As the number of Americans reaching tive home and community based care services to Medicaid beneficiaries retirement age grows proportionally options more available to those who under the section 1915(i) Home and larger, ultimately the number of Amer- need it. Community-Based Services State Op- icans needing more extensive care will In 2005, I introduced the Improving tion. Under this authority, states can grow. Many of these Americans will Long-term Care Choices Act with Sen- offer Medicaid-covered home and com- look to Medicaid for assistance. States ator BAYH. That legislation set forth a munity-based services under a state’s need more tools to provide numerous series of proposals aimed at improving Medicaid plan without obtaining a sec- options to people in need so that they the accessibility of long-term care in- tion 1915(c) home and community-based can stay in their own homes as long as surance and promoting awareness waiver. Eligibility for these section possible. about the protection that long-term 1915(i) services may be extended only to The cost of providing long-term care care insurance can offer. It also sought Medicaid beneficiaries already enrolled in an institutional setting is far more to broaden the availability of the types in the program whose income does not expensive care than providing care in of long-term care services such as exceed 150 percent of the Federal pov- the home. States will benefit from hav- home and community-based care, erty level. ing options before them that allow which many people prefer to institu- To date, only one State, my own them to keep people appropriately in tional care. state of Iowa, has sought to take ad- home settings longer. The more States The year 2005 ended up being a very vantage of the provision authorized learn how to use those tools, the more important year for health policy as it through the DRA. While we had hoped States and ultimately the Federal tax- relates to Americans who need exten- far more states would participate, we payer will benefit from reduced costs sive care. In the Deficit Reduction Act know that the relatively low income for institutional care. of 2005, Congress passed into law the cap, 150 percent, in the DRA provision I am also pleased that this bill will Family Opportunity Act, the Money creates an administrative complexity include key provisions from S. 2337, the Follows the Person initiative, and that has not made the option appealing Long-Term Care Affordability and Se- many critical pieces of the Improving for states. curity Act of 2007. The bill includes im- Long-term Care Choices Act. With the The bill we are re-introducing today portant tax provisions that I intro- bill I am re-introducing today with mirrors the one we introduced in 2008 duced in previous Congresses as well,

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.040 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2325 the Improving Long-term Care Choices him- or herself. Senator KERRY and I the attorney until the litigation is re- Act of 2005, introduced in the 109th recognize that these taxpayers—who solved, sometimes many years after Congress. have long-term care needs, yet are tak- the attorney has incurred the expenses Research shows that the elderly pop- ing care of themselves—should be pro- on behalf of their client. The IRS ulation will nearly double by 2030. By vided extra assistance. Also, taxpayers treats the expenses and court costs as a 2050, the population of those aged 85 taking care of a family member with loan despite the fact that no interest is and older will have grown by more long-term care needs would also be eli- charged and the lawyer only recoups than 300 percent. Research also shows gible for the tax credit. These tax- costs if the case is won or settled. Not that the average age at which individ- payers should be given a helping hand. only is the IRS’s position illogical, but uals need long-term care services, such As our population continues to age, the it is contrary to a ruling by the United as home health care or a private room least that we can do is provide a tax States Court of Appeals for the 9th Cir- at a nursing home, is 75. Currently, the benefit for these struggling individ- cuit. average annual cost for a private room uals. In Boccardo v. Commissioner, 56 F.3d at a nursing home is more than $75,000. 1016, 9t Cir. 1995, the 9th Circuit held This cost is expected to be in excess of By Mr. SPECTER (for himself, that because the firm had a ‘‘gross fee’’ $140,000 by 2030. Mr. GRAHAM, Mr. LEAHY, Mr. contract with the client, the firm in- Based on these facts, we can see that WYDEN, Mr. CRAPO, Mr. MAR- curred ordinary and necessary business our nation needs to prepare its citizens TINEZ, and Ms. LANDRIEU): expenses in the payment of costs and for the challenges they may face in old- S. 437. A bill to amend the Internal charges in connection with its clients’ age. One way to prepare for these chal- Revenue Code of 1986 to allow the de- litigation. Consequently, litigation lenges is by encouraging more Ameri- duction of attorney-advanced expenses costs such as filing fees, witness fees, cans to obtain long-term care insur- and court costs in contingency fee travel expenses, and medical consulta- ance coverage. To date, only 10 percent cases; to the Committee on Finance. tion fees were deductible as ordinary of seniors have long-term care insur- Mr. SPECTER. Mr. President, I seek and necessary business expenses in the ance policies, and only 7 percent of all recognition to introduce legislation to year the costs were incurred on behalf private-sector employees are offered amend Section 162 of the Internal Rev- of the clients. In a ‘‘gross fee’’ con- long-term care insurance as a vol- enue Code to permit attorneys to detract, the client is only obligated to untary benefit. duct expenses and court costs incurred pay their attorney a percentage of the Under current law, employees may on behalf of contingency fee clients as amount recovered and is not expressly pay for certain health-related benefits, an ordinary and necessary business ex- responsible for specific repayment of which may include health insurance pense in the year such expenses are costs. While the Boccardo court con- premiums, co-pays, and disability or sustained. I introduced the same legis- trasted ‘‘gross fee’’ contracts with ‘‘net life insurance, on a pre-tax basis under lation in the 110th Congress, and the fee’’ contracts, such a distinction is cafeteria plans and flexible spending bill attracted bipartisan support. My trivial for tax purposes. In both agree- arrangements, FSAs. Essentially, an bill simply clarifies the law to make ments, the attorney takes a consider- employee may elect to reduce his or certain that attorneys who take on able business risk to incur significant her annual salary to pay for these ben- contingency fee cases are able to enjoy costs on behalf of a client and only re- efits, and the employee doesn’t pay the same tax benefits as virtually coups the expenses if a recovery is won. Despite the Boccardo court’s ruling taxes on the amounts used to pay these every other small business in the coun- in favor of attorneys, the IRS con- costs. Employees, however, are explic- try. tinues to treat the out-of-pocket costs itly prohibited from paying for the cost Contingency agreements between at- related to contingency fee cases as of long-term care insurance coverage torneys and clients are very common loans. Lawyers who make the decision tax-free. in personal injury, medical mal- Our bill would allow employers, for practice, product liability, Social Secu- to deduct these costs are exposed to potential audit and litigation. Over the the first time, to offer qualified long- rity disability, workers compensation, past 13 years, taxpayers have had to term care insurance to employees civil liberties, and employment cases. proceed at their own peril—Ninth Cir- under FSAs and cafeteria plans. This Under these agreements, an attorney cuit taxpayers risk a conflict with the means employees would be permitted pays all out-of-pocket costs associated IRS on this matter despite the case to pay for qualified long-term care in- with a case before any conclusion to law, and taxpayers outside of the Ninth surance premiums on a tax-free basis. the case. Such expenses include costs Circuit have no guidance at all since This would make it easier for employ- for expert witnesses, depositions, med- they cannot directly rely on Boccardo. ees to purchase long-term care insur- ical records, and court fees. Contin- My bill reverses an unfair IRS posi- ance, which many find unaffordable. gency agreements have numerous bene- tion by treating these businesses the This should also encourage younger in- fits to clients; in particular, indigent same as all other small businesses. It dividuals to purchase long-term care individuals who might otherwise be un- does so by allowing attorneys with con- insurance. The younger the person is at able to afford legal services. tingency fee clients to deduct their ex- the time the long-care insurance con- The obvious benefit to clients of con- penses and costs in the year that they tract is purchased, the lower the insur- tingency fee arrangements is that they are paid. My legislation does not give ance premium. do not have to incur out-of-pocket ex- attorneys anything above and beyond Our bill also allows an individual tax- penses for attorneys’ fees. This may be that which is currently enjoyed by vir- payer to deduct the cost of their long- particularly valuable to clients who do tually every other small business in term care insurance policy. In other not have the ability to pay attorneys our country. words, the individual can reduce their by the hour to advance their case. The Mr. President, I ask unanimous con- gross income by the premiums that arrangement also benefits the client by sent that the text of the bill be printed they pay for a long-term care policy, effectively spreading the risk of litiga- in the RECORD. and therefore, pay less in taxes. This tion. An hourly-rate payment agree- There being no objection, the text of tax benefit for long-term care insur- ment requires the client to assume all the bill was ordered to be printed in ance should encourage more individ- of the risk because the attorneys’ fees the RECORD, as follows: uals to purchase these policies. It cer- are a sunk cost. However, under a con- S. 437 tainly makes a policy more affordable, tingent-fee arrangement, the attorney Be it enacted by the Senate and House of Rep- especially for younger individuals. This shares that risk and is only paid a fee resentatives of the United States of America in would allow a middle-aged taxpayer to if he wins the case or obtains a settle- Congress assembled, start planning for the future now. ment. SECTION 1. DEDUCTION OF ATTORNEY-AD- Finally a provision that is included Currently, the Internal Revenue VANCED EXPENSES AND COURT in our bill that I am really pleased Service, IRS, treats expenses and court COSTS IN CONTINGENCY FEE CASES. (a) IN GENERAL.—Section 162 of the Inter- with is one that provides a tax credit costs on behalf of contingency clients nal Revenue Code of 1986 (relating to trade or to long-term caregivers. Long-term as loans to the client. As a result, the business expenses) is amended by redesig- caregivers could include the taxpayer IRS does not permit any deduction by nating subsection (q) as subsection (r) and by

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.073 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2326 CONGRESSIONAL RECORD — SENATE February 13, 2009 inserting after subsection (p) the following of services through a network of cen- (3) despite the availability of abundant new subsection: ters that would be based in Indian natural resources on Indian land and a rich ‘‘(q) ATTORNEY-ADVANCED EXPENSES AND Country. cultural legacy that places great value on COURT COSTS IN CONTINGENCY FEE CASES.— Under this bill, the Corporation self-determination, self-reliance, and inde- There shall be allowed as a deduction under pendence, Indians and Alaska Natives experi- this section any expenses and court costs would be authorized to issue 500,000 ence poverty and unemployment, together paid or incurred by an attorney the repay- shares of common stock at $50 per with associated incidences of social pathol- ment of which is contingent on a recovery by share to every Tribal Nation in Indian ogy, to an extent unequaled by any other judgment or settlement in the action to Country and Alaska. The Corporation group in the United States; which such expenses and costs relate. Such would be managed by a Board elected (4)(A) the reasons for that poverty and un- deduction shall be allowed in the taxable by the Tribal shareholders and the employment have been widely studied and year in which such expenses and costs are Board would be charged with hiring a documented by Congress, the Government paid or incurred by the taxpayer.’’. President and a team of managers as Accountability Office, the Department of the (b) EFFECTIVE DATE.—The amendments Interior, private academic institutions, and made by this section shall apply to expenses well as set operating policies. Seed cap- Indian tribes; and and costs paid or incurred after the date of ital would be injected into the Indian (B) the studies described in subparagraph the enactment of this Act, in taxable years Development Finance Corporation (A) have consistently identified as funda- beginning after such date. (IDFC) by the U.S. Treasury in ex- mental obstacles to balanced economic change for the issuance of capital growth and progress by Indians and Alaska By Mr. INOUYE: stock. Initially, $20 million in start-up Natives— S. 439. A bill to provide for and pro- funds would be invested and after the (i) the very limited availability of long- mote the economic development of In- majority of common stock was pur- term development capital and sources of fi- dian tribes by furnishing the necessary nancial credit necessary to support in Indian chased by tribes, another $80 million country the development of a private sector capital, financial services, and tech- would be authorized. nical assistance to Indian-owned busi- economy comprised of Indian-owned business I believe that the IDFC can take ad- enterprises; ness enterprises, to stimulate the de- vantage of opportunities to integrate (ii) the lack of effective control by Indians velopment of the private sector of In- the economic stimulus activities soon over their own land and resources; and dian tribal economies, and for other to be created by the American Recov- (iii) the scarcity of experienced Indian purposes; to the Committee on Indian ery and Reinvestment Act, and. I am managers and technicians; Affairs. confident that there will be support (5) previous efforts by the Federal Govern- Mr. INOUYE. Mr. President, I rise ment directed at stimulating Indian eco- forthcoming from those tribal govern- nomic development through the provision of today to introduce a bill to establish ments and Alaska Native corporations an Indian Development Finance Cor- grants, direct loans, loan guarantees, and in- that have the resources to invest in the terest subsidies have fallen far short of ob- poration as an independent, Federally- economic infrastructure initiatives jectives due to— chartered corporation that is modeled that will be established by the IDFC in (A) inadequate funds; after the family of Development Banks this period of our greatest need. (B) lack of coordination; established by the World Bank in less- Mr. President, I ask unanimous con- (C) arbitrary project selection criteria; er-developed countries around the sent that the text of the bill be printed (D) politicization of the delivery system; and world. in the RECORD. Mr. President, in my more than 30 (E) other inefficiencies characteristic of a There being no objection, the text of system of publicly administered financial years of service on the U.S. Senate the bill was ordered to be printed in Committee on Indian Affairs, I have intermediation; and the RECORD, as follows: (6) the experience acquired by multilateral visited many Indian communities and S. 439 lending institutions among ‘‘lesser-developed Alaska Native villages, and I have seen Be it enacted by the Senate and House of Rep- countries’’ has demonstrated the value and that in many parts of Indian country, resentatives of the United States of America in necessity of development financial institu- there are economic and social condi- Congress assembled, tions in achieving economic growth in under- developed economies and societies that are tions that are as dire as those condi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. strikingly similar to Indian and Alaska Na- tions found in the so-called ‘‘lesser de- (a) SHORT TITLE.—This Act may be cited as tive communities in relation to matters such veloped countries’’ around the world. the ‘‘Indian Development Finance Corpora- as— And although we have seen some eco- tion Act’’. (A) control over natural resource manage- (b) TABLE OF CONTENTS.—The table of con- nomic success in recent years across ment; tents of this Act is as follows: Native America as a result of the In- (B) the absence of experienced, indigenous dian Gaming Regulatory Act, most In- Sec. 1. Short title; table of contents. managers and technicians; and dian tribes and Native villages are not Sec. 2. Findings and policy. (C) the availability of long-term develop- engaged in the conduct of gaming, nor Sec. 3. Definitions. ment capital and private sources of financial have tribal governments found the TITLE I—INDIAN DEVELOPMENT credit. means to overcome the challenges as- FINANCE CORPORATION (b) POLICY.—It is the policy of the United sociated with their remote locations Sec. 101. Establishment of Corporation. States that, in fulfillment of the special and long-standing responsibility of the United from populations centers and market Sec. 102. Duties and powers. Sec. 103. Loans and obligations. States to Indian tribes, the United States places that serve the commercially- Sec. 104. Board of Directors. should provide assistance to Indians in ef- successful tribal gambling operations. Sec. 105. President of Corporation. forts to break free from the devastating ef- In those rurally-isolated areas, there Sec. 106. Annual shareholder meetings. fects of extreme poverty and unemployment is real potential to succeed in devel- Sec. 107. Annual reports; development plan. and achieve lasting economic self-sufficiency oping viable local economies based on TITLE II—CAPITALIZATION through the development of the private sector of tribal economies by establishing a fed- agricultural and fishery resources, and Sec. 201. Issuance of stock. erally chartered, mixed-ownership develop- the development of the vast energy re- Sec. 202. Borrowing authority. ment financing institution to provide a sources that are located on Indian TITLE III—AUTHORIZATION OF broad range of financial intermediary serv- lands. What these Native communities APPROPRIATIONS ices (including working capital, direct loans, need is the type of development financ- Sec. 301. Authorization of appropriations. loan guarantees, and project development as- ing services that the World Bank has SEC. 2. FINDINGS AND POLICY. sistance) using the proven efficiencies of the successfully established—institutions (a) FINDINGS.—Congress finds that— private market mode of operation. empowered to make small, leveraged (1) a special relationship has existed be- SEC. 3. DEFINITIONS. capital investments and economic in- tween the United States and Indian tribes, In this Act: frastructure development to support which is recognized in clause 3 of section 8 of (1) BOARD.—The term ‘‘Board’’ means the tailored industrial programs, internet- article I of the Constitution of the United Board of Directors of the Corporation. based communication services, na- States; (2) CORPORATION.—The term ‘‘Corporation’’ (2) pursuant to laws, treaties, and adminis- means the Indian Development Finance Cor- tional and international trade agree- trative authority, Congress has implemented poration established by section 101(a). ments, and economic research capabili- activities to fulfill the responsibility of the (3) INDIAN.—The term ‘‘Indian’’ means an ties. An Indian Development Finance United States for the protection and preser- individual who is a member of an Indian Corporation could provide these kinds vation of Indian tribes and tribal resources; tribe.

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(4) INDIAN BUSINESS ENTERPRISE.— States Code, except that the Corporation (2) the loan or obligation proposed to be (A) IN GENERAL.—The term ‘‘Indian busi- shall provide financial assistance only in ac- purchased, insured, or discounted will be ness enterprise’’ means any commercial, in- cordance with this Act; fully repayable by the Indian business enter- dustrial, or business entity— (3) with respect to any real, personal, or prise in accordance with the terms and con- (i) at least 51 percent of which is owned by mixed property (or any interest in such prop- ditions of the loan or obligation. 1 or more Indian tribes; erty)— (c) TERMS, RATES, AND CHARGES.— (ii) that produces or provides goods, serv- (A) lease, purchase, accept gifts or dona- (1) IN GENERAL.—In establishing the terms, ices, or facilities on a for-profit basis; tions of, or otherwise acquire the property; rates, and charges for a loan provided under (iii) that is chartered or controlled by an (B) own, hold, improve, use, or otherwise this section, the Corporation, to the max- Indian tribe or tribal organization that is a deal in or with the property; and imum extent practicable, shall seek to pro- øshareholder/member¿ of the Corporation; (C) sell, convey, mortgage, pledge, lease, vide the type of credit needed by the applica- (iv) the principal place of business of which exchange, or otherwise dispose of the prop- ble Indian business enterprise at the lowest is located within or adjacent to the bound- erty; reasonable cost and on a sound business aries of a reservation; and (4)(A) sue and be sued in corporate name; basis, taking into consideration— (v) the principal business activities of (B) complain and defend in any court of (A) the cost of money to the Corporation; which, in addition to the production of a competent jurisdiction; and (B) the necessary reserve and expenses of stream of income, as determined by the Cor- (C) represent itself, or contract for rep- the Corporation; and poration— resentation, in any judicial, legal, or other (C) the technical and other assistance at- (I) are directly beneficial to an Indian proceeding; tributable to loans made available by the tribe; and (5)(A) with the approval of the department Corporation under this section. (II) contribute to the economy of that In- or agency concerned, make use of the serv- (2) INTEREST RATES.—The terms of a loan dian tribe. ices, facilities, and property of any board, under this subsection may provide for an in- (B) INCLUSION.—The term ‘‘Indian business commission, independent establishment, or terest rate that varies from time to time enterprise’’ includes any subsidiary entity Federal department or agency in carrying during the repayment period of the loan in owned and controlled by an entity described out this Act; and accordance with the interest rates being in subparagraph (A). (B) pay for that use, with the payments to charged by the Corporation for new loans during those periods. (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ be credited to the applicable appropriation (d) ADVANCING AND RELOANING.—A loan has the meaning given the term in section 4 that incurred the expense; provided under this section may be advanced of the Indian Self-Determination and Edu- (6) use the United States mails on the same or reloaned by the Corporation to any mem- cation Assistance Act (25 U.S.C. 450b). terms and conditions as a Federal depart- ber or shareholder of the Corporation for the (6) RESERVATION.—The term ‘‘reservation’’ ment or agency; development of an individually owned busi- has the meaning given the term in section 3 (7) obtain insurance or make other provi- ness on or adjacent to a reservation, in ac- of the Indian Financing Act of 1974 (25 U.S.C. sions against losses; cordance with the bylaws of the Corporation. 1452). (8) participate with 1 or more other finan- (e) LOAN GUARANTEES.— (7) SECRETARY.—The term ‘‘Secretary’’ cial institutions, agencies, instrumental- (1) IN GENERAL.—The Corporation may means the Secretary of the Interior. ities, trusts, or foundations in loans or guar- guarantee any part of the principal or inter- (8) TRIBAL ORGANIZATION.—The term ‘‘trib- antees provided under this Act on such terms est of a loan that is provided— al organization’’ means— as may be agreed on; (A) by a State-chartered or federally char- (A) the governing body of an Indian tribe; (9) accept guarantees from other agencies tered lending institution to an Indian busi- and for which loans made by the Corporation ness enterprise that meets the requirements (B) any entity established, controlled, or may be eligible; of subsection (b); and owned by such a governing body. (10) establish, as soon as practicable, re- (B) in accordance with such terms and con- TITLE I—INDIAN DEVELOPMENT FINANCE gional offices to more efficiently serve the ditions (including the rate of interest) as CORPORATION widely disbursed Indian population; would be permissible if the loan was a direct SEC. 101. ESTABLISHMENT OF CORPORATION. (11) buy and sell— loan provided by the Corporation. (a) IN GENERAL.—There is established a (A) obligations of, or instruments insured (2) CHARGES.—The Corporation may impose corporation, to be known as the ‘‘Indian De- by, the Federal Government; and a charge for a loan guarantee provided under velopment Finance Corporation’’. (B) securities backed by the full faith and this subsection. (b) POWERS OF CONGRESS.—Congress shall credit of any Federal department or agency; (3) LIMITATION.—The Corporation shall not have the sole authority— (12) make such investments as the Board provide a loan guarantee under this sub- (1) to amend the charter of the Corpora- determines to be appropriate; section if the income to the lender from the tion; and (13) establish such offices within the Cor- applicable loan is excludable from the gross (2) to terminate the Corporation. poration as are necessary, including— income of the lender for purposes of chapter SEC. 102. DUTIES AND POWERS. (A) project development; 1 of the Internal Revenue Code of 1986. (a) DUTIES.—The Corporation shall— (B) project evaluation and auditing; (4) ASSIGNABILITY.—A loan guarantee under (1) provide development capital through fi- (C) fiscal management; this subsection shall be assignable to the ex- nancial services under section 103; (D) research and development; and tent provided in the contract for the loan (2) encourage the development of new and (E) such other activities as are authorized guarantee. existing Indian business enterprises eligible by the Board; and (5) INCONTESTABILITY.—A loan guarantee to receive assistance from the Corporation (14) exercise all other authority necessarily under this subsection shall be incontestable, by providing, and coordinating the avail- or reasonably relating to the establishment except in any case of fraud or misrepresenta- ability of— of the Corporation to carry out this Act. tion of which the holder of the loan had ac- (A) long-term capital and working capital; SEC. 103. LOANS AND OBLIGATIONS. tual knowledge at the time the holder ac- (B) loans, loan guarantees, and other forms (a) IN GENERAL.—The Corporation may— quired the loan. of specialized credit; and (1) make loans or commitments for loans (6) PURCHASE OF GUARANTEED LOANS.— (C) technical and managerial assistance to any Indian business enterprise; and (A) IN GENERAL.—In lieu of requiring the and training; (2) purchase, insure, or discount any obli- original lender to service a loan guaranteed (3) maintain broad-based control of the gation of an Indian business enterprise, if under this subsection until final maturity or Corporation relative to the voting share- the Indian business enterprise meets the re- liquidation, the Corporation may purchase holders of the Corporation; quirements of subsection (b). the guaranteed loan without penalty, if the (4) encourage active participation in the (b) REQUIREMENTS.—An Indian business en- Corporation determines that— Corporation by Indian tribes through owner- terprise meets the requirements of this sub- (i) the purchase would not be detrimental ship of equity securities of the Corporation; section if the Corporation determines that— to the interests of the Corporation; and (1) the Indian business enterprise has or (ii) liquidation of the guaranteed loan (5) otherwise assist in strengthening Indian will have— would— tribal economies through the development of (A) a sound organizational and financial (I) result in the insolvency of the borrower; Indian business enterprises. structure; or (b) POWERS.—In carrying out this Act, the (B) income in excess of the operating costs (II) deprive the borrower of an asset essen- Corporation may— of the Indian business enterprise; tial to continued operation; and (1) adopt and alter a corporate seal, which (C) assets in excess of the obligations of (iii)(I) the guaranteed loan will be repay- shall be judicially noticed; the Indian business enterprise; and able on revision of the rates, terms, payment (2)(A) enter into agreements and contracts (D) a reasonable expectation of continuing periods, or other conditions of the loan, con- with individuals, Indian tribes, and private demand for— sistent with loans made by the Corporation or governmental entities; and (i) the products, goods, commodities, or under subsection (a)(1); but (B) make payments or advance payments services of the Indian business enterprise; or (II) the lender or other holder of the guar- under those agreements and contracts with- (ii) the facilities of the Indian business en- anteed loan is unwilling to make such a revi- out regard to section 3324 of title 31, United terprise; and sion.

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(B) AMOUNT.—The amount paid by the Cor- (1) neglect of duty; or (B) chapter 51 or subchapter III of chapter poration to purchase a loan under subpara- (2) malfeasance in office. 53 of title 5, United States Code. graph (A) shall not exceed an amount equal (f) ADMINISTRATIVE DUTIES.— SEC. 106. ANNUAL SHAREHOLDER MEETINGS. to the sum of— (1) CHAIRPERSON AND VICE-CHAIRPERSON.— (a) MEETINGS.— (i) the balance of the principal of the loan; The Board shall annually elect from among (1) IN GENERAL.—The Corporation shall and the members of the Board described in øsub- hold meetings of the shareholders of the Cor- (ii) the amount of interest accrued on the section (a)(2)¿ a chairperson and vice-chair- poration not less frequently than once each loan as of the date of purchase. person. year. (f) PURCHASES OF EQUITY AND OWNERSHIP; (2) POLICIES AND MANAGEMENT.—The Board (2) OPENNESS.—A shareholder meeting SUPERVISION AND PARTICIPATION.— shall— under this section shall be held open to the (1) PURCHASES OF EQUITY AND OWNERSHIP.— (A) establish the policies of the Corpora- public. For purposes of providing long-term capital tion; and (3) NOTICE.—The Corporation shall provide and working capital to Indian business en- (B) supervise the management of the Cor- to each shareholder of the Corporation a no- terprises, the Corporation may purchase, or poration. tice of each shareholder meeting under this make commitments to purchase, any portion (3) BYLAWS.—The Board shall adopt and section by not later than 30 days before the of the equity or ownership interest in the In- amend, as necessary, such bylaws as are nec- date of the meeting. dian business enterprise if the Corporation essary for the proper management and func- (b) ACTIVITIES.— determines, after a full and complete ap- tion of the Corporation. (1) CORPORATION.—At a shareholder meet- praisal of all project and business plans asso- (4) MEETINGS.— ing under this section, the Corporation— ciated with the investment, that the invest- (A) IN GENERAL.—The Board shall meet at (A) shall provide to shareholders a report ment will not expose the Corporation to any the call of the chairperson of the Board, in describing— unreasonable business risk, taking into con- accordance with the bylaws of the Corpora- (i) the activities of the Corporation during sideration applicable development finance tion, not less frequently than once each the preceding calendar year; and standards, as applied to Indian economic de- quarter. (ii) the financial condition of the Corpora- velopment in light of the socioeconomic, po- (B) PRIVATE EXECUTIVE SESSIONS.—The tion as in effect on the date of the meeting; litical, and legal conditions unique to res- Board may meet in a private executive ses- and ervations. sion if the matter involved at the meeting (B) may present to the shareholders pro- may impinge on the right of privacy of an in- (2) SUPERVISION AND PARTICIPATION.—The posals for future action and other matters of Corporation may supervise or participate in dividual. general concern to shareholders and Indian (g) MEMBER APPOINTED BY SECRETARY.— the management of an Indian business enter- business enterprises eligible to receive serv- The member of the Board appointed by the prise in which an investment has been made Secretary under subsection (a)(1) shall— ices of the Corporation. under paragraph (1), in accordance with such (1) have 20 percent of the share of votes (2) SHAREHOLDERS.—At a shareholder meet- terms and conditions as are agreed to by the cast at each annual shareholder meeting; ing under this section, a shareholder of the Corporation and the Indian business enter- and Corporation may— prise, including the assumption of a director- (A) present a motion or resolution relating (2) be overruled only by 2⁄3 majority vote at ship in the corporate body of the Indian busi- a regular meeting of the Board with respect to any matter within the scope of this Act; ness enterprise by an officer of the Corpora- to any matter regarding— and tion. (A) a request by the Board of capital under (B) participate in any discussion relating SEC. 104. BOARD OF DIRECTORS. subsection (b)(3)(B) or (c)(2)(B) of section 201; to such a matter or any other matter on the (a) MEMBERSHIP.—The Corporation shall be (B) borrowing by the Corporation of any agenda of the meeting. (c) VOTING.—Each Indian tribe that is a headed by a board of directors, to be com- amount in excess of $10,000,000; member of the Corporation may vote the posed of 21 members, of whom— (C) a loan or investment made by the Cor- common stock of the Indian tribe regard- (1) 1 shall be a Federal official, to be ap- poration in excess of $10,000,000; or ing— pointed by the Secretary; (D) a change to an investment or credit (1) any matter on the agenda of a meeting (2) 19 shall be representatives of the share- policy of the Corporation. under this section; or holders of the Corporation, to be appointed (h) COMPENSATION.— (2) any other matter relating to the elec- by the Secretary— (1) NON-GOVERNMENTAL EMPLOYEES.—A (A) based on consultation with, and rec- member of the Board who is not otherwise tion of a member of the Board. ommendations from, Indian tribes; employed by the Federal Government or a SEC. 107. ANNUAL REPORTS; DEVELOPMENT (B) in accordance with subsection (b); and State government shall receive compensa- PLAN. (C) taking take into consideration the ex- tion at a rate equal to the daily rate for GS– (a) ANNUAL REPORTS.— perience of a representative regarding— 18 of the General Schedule under section 5332 (1) IN GENERAL.—Not later than 1 year after (i) private business enterprises; and of title 5, United States Code, for each day, the date of enactment of this Act and annu- (ii) development or commercial financing; including traveling time, during which the ally thereafter, the Board shall submit to and member carries out a duty as a member of the appropriate committees of Congress a re- (3) 1 shall be the president of the Corpora- the Board. port describing— (A) the activities of the Corporation during tion. (2) GOVERNMENTAL EMPLOYEES.—A member the preceding calendar year; and (b) APPOINTMENT OF SHAREHOLDER REP- of the Board who is an officer or employee of (B) the capital and financial condition of RESENTATIVES.—The initial members of the the Federal Government or a State govern- Board appointed under subsection (a)(2) shall ment shall serve without additional com- the Corporation as in effect on the date of be appointed by the Secretary, based on rec- pensation. submission of the report. (2) INCLUSION.—Each report under para- ommendations from Indian tribal leaders. (3) TRAVEL AND OTHER EXPENSES.—Each graph (1) shall include recommendations for (c) TERMS OF SHAREHOLDER REPRESENTA- member of the Board shall be reimbursed for legislation to improve the services of the TIVES.—The terms of service of the initial travel, subsistence, and other necessary ex- members of the Board appointed under sub- penses incurred by the member in carrying Corporation. (b) DEVELOPMENT PLAN.—Not later than 1 section (a)(2) shall terminate at the begin- out a duty as a member of the Board. ning of the first annual meeting of share- year after the date of enactment of this Act, SEC. 105. PRESIDENT OF CORPORATION. the Corporation shall submit to Congress a holders of the Corporation held as soon as (a) APPOINTMENT.—The Board shall appoint comprehensive, 5-year organizational devel- practicable after the date on which subscrip- a president of the Corporation. opment plan that includes— tions have been paid for at least 10 percent of (b) DUTIES AND POWERS.—The president the common stock of the Corporation ini- shall— (1) financial projections for the Corpora- tially offered for sale to Indian tribes under (1) serve as the chief executive officer of tion; section 201(b). the Corporation; and (2) a description of the corporate structure and locations of the Corporation; and (d) VACANCIES.— (2) subject to the direction of the Board (3) operational guidelines for the Corpora- (1) IN GENERAL.—Subject to paragraph (2), a and the general supervision of the chair- vacancy on the Board resulting from the res- person, carry out the policies and functions tion, particularly regarding the coordinating ignation or removal of a member of the of the Corporation; relationship the Corporation has, or plans to Board shall be filled by the Board in accord- (3) manage the personnel and activities of have, with Federal domestic assistance pro- ance with the bylaws of the Corporation. the Corporation; and grams that allocate financial resources and services to Indian tribes and reservations for (2) TERM.—The term of service of a member (4) on approval of the Board, appoint and of the Board appointed under paragraph (1) fix the compensation and duties of such offi- economic and business development pur- shall terminate at the beginning of the next cers and employees as may be necessary for poses. annual shareholder meeting of the Corpora- the efficient administration of the Corpora- TITLE II—CAPITALIZATION tion occurring after the date of appointment. tion, without regard to— SEC. 201. ISSUANCE OF STOCK. (e) REMOVAL.—A member of the Board may (A) the provisions of title 5, United States (a) ISSUANCE.— be removed from office by the Board only Code, governing appointments in the com- (1) IN GENERAL.—The Corporation may for— petitive service; or issue shares of stock in the Corporation, in

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.045 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2329 such quantity and of such class as the Board SEC. 202. BORROWING AUTHORITY. duction equal to two percent of the in- determines to be appropriate, in accordance (a) ISSUANCE OF OBLIGATIONS.—The Cor- dividual’s adjusted gross income and with this section. poration may issue such bonds, notes, and subject to a complete disallowance other obligations at such times, bearing in- (2) REQUIREMENT.—A share of stock under when calculating the alternative min- paragraph (1) may be issued to, and held by, terest at such rates, and containing such only— terms and conditions as the Board, in con- imum tax. Consequently, many plain- (A) an Indian tribe; or sultation with the Secretary of the Treas- tiffs end up incurring significant tax li- (B) the Federal Government. ury, determines to be appropriate. ability beyond the amount they actu- (3) REDEMPTION AND REPURCHASE.—The (b) AMOUNT OF OBLIGATIONS.—The aggre- ally bring home after winning or set- Corporation may redeem or repurchase a gate amount of the obligations issued pursu- tling a case. share of stock issued pursuant to paragraph ant to subsection (a) shall not exceed an Congress partially corrected the (1) øat a price to be determined by the amount equal to the sum of— problem in 2004, when we passed, and Board¿. (1) the product obtained by multiplying— (A) the sum of— President Bush signed, the American (b) INITIAL OFFERING OF COMMON STOCK.— (i) the paid-in capital of the Corporation; Jobs Creation Act of 2004, Jobs Act. (1) IN GENERAL.—The Corporation shall and The Jobs Act allows an above-the-line make an initial offering of common stock of (ii) the retained earnings and profits of the deduction for amounts attributable to the Corporation to Indian tribes under this Corporation; and attorneys’ fees and costs received by section— (B) 10; and (A) in a quantity of not less than 500,000 individuals based on claims brought (2) the sum of the book values of— shares; and under certain statutes, including the (A) the capital subject to request of the (B) at a price of not less than $50 per share. False Claims Act, 1862(b)(3)(A) of the Board represented by the total commitments (2) FORM OF PAYMENT.—Of the price paid by of Indian tribal shareholders under section Social Security Act, or unlawful dis- an Indian tribe for a share of stock of the 201(b)(2)(B); and crimination claims. Prior to enact- Corporation under this subsection— (B) the amount paid by the Secretary ment of the Jobs Act, the Internal Rev- (A) 20 percent shall be provided in cash or under section 201(c)(2). enue Code already excluded from in- cash-equivalent securities; and (c) SALE OF OBLIGATIONS.—An obligation of come awards arising out of claims re- (B) 80 percent shall provided in the form of the Corporation under subsection (a) may lating to physical injury and sickness. a legally binding financial commitment that be— is— However, attorneys’ fees paid in the (1) issued through an agent by negotiation, pursuit and collection of punitive (i) available at the request of the Board to offer, bid, syndicate sale, or otherwise; and meet the obligations of the Corporation; but (2) completed by book entry, wire transfer, awards, awards for libel, slander, or (ii) not available for any lending activity or any other appropriate method. other awards in cases not involving a or administrative expenses of the Corpora- physical injury or a claim of discrimi- tion. TITLE III—AUTHORIZATION OF APPROPRIATIONS nation are still not subtracted from (c) SUBSCRIPTION BY SECRETARY FOR SEC. 301. AUTHORIZATION OF APPROPRIATIONS. gross income. HARES OF APITAL TOCK S C S .— (a) GENERAL OPERATIONAL EXPENSES.— In 2005, the United States Supreme (1) IN GENERAL.—The Secretary may sub- There are authorized to be appropriated— Court added further confusion to the scribe for not more than 2,000,000 shares of (1) $2,000,000 for fiscal year 2009 to carry issue. In Commissioner v. Banks, 543 U.S. capital stock of the Corporation. out this Act; 426 (2005), the Court attempted to re- (2) PAYMENTS.— (2) $2,500,000 for each of fiscal years 2010 solve a circuit split on the Federal in- (A) INITIAL PERIOD.—Not later than 2 years through 2014 to carry out project develop- after the date of enactment of this Act, the come tax treatment of attorneys’ fees. ment activities under this Act; and In an 8–0 opinion, the Court held that Secretary shall pay to the Corporation for (3) such sums as are necessary to carry out subscription for capital stock under para- this Act (other than subparagraphs (A) and when a litigant’s recovery constitutes graph (1) not less than $20,000,000. (B) of section 201(c)(2)) for each of fiscal income, the litigant’s income includes (B) SUBSEQUENT PERIOD.— years 2010 through 2014. the portion of the recovery paid to the (i) IN GENERAL.—Beginning in fiscal year (b) PAID-IN CAPITAL STOCK.—There are au- attorney as a contingent fee. Con- 2012, the Secretary shall pay to the Corpora- thorized to be appropriated— sequently, for those claims not ex- tion for subscription for capital stock under (1) for each of fiscal years 2010 and 2011, paragraph (1)— cluded from gross income in the Jobs $10,000,000 to carry out section 201(c)(2)(A); Act, attorneys’ fees are subjected to (I) $80,000,000; or and (II) such lesser amount as the Board may (2) for fiscal year 2011 and each fiscal year double taxation; subjected to a reduc- request, in accordance with clause (ii). thereafter, $80,000,000 to carry out section tion equal to two percent of the indi- (ii) REQUESTS BY BOARD.—The amount of a 201(c)(2)(B). vidual’s adjusted gross income when request by the Board under clause (i)(II) listed as a miscellaneous itemized de- shall be determined jointly by the Secretary By Mr. SPECTER (for himself duction; and subjected to a complete and the Board based on an assessment of the and Mr. LEAHY): disallowance when calculating the al- need of the Corporation, taking into consid- S. 440. A bill to amend the Internal eration a risk analysis of the investment and ternative minimum tax. credit policies and practices of the Corpora- Revenue Code of 1986 to allow an above- My legislation corrects the problem tion. the-line deduction for attorney fees by permitting taxpayers to subtract (iii) LIMITATIONS.—A payment under this and costs in connection with civil from their taxable gross income the at- subparagraph— claim awards; to the Committee on Fi- torneys’ fees and court costs paid by (I) shall be subject to the availability of nance. the taxpayer in connection with an appropriations; Mr. SPECTER. Mr. President, I seek award or settlement of monetary dam- (II) shall be provided only as needed to recognition to introduce legislation to ages in all civil claims. The legislation meet the obligations of the Corporation; and amend Section 62(a)(20) of the Internal would ensure more uniform treatment (III) shall not be available for any lending Revenue Code to allow taxpayers to activity or administrative expenses of the of contingency fees in all types of liti- Corporation. subtract from their taxable gross in- gation, not just the limited categories (3) REQUIREMENTS.—A share of capital come the attorneys’ fees and court of litigation as specified in the Jobs stock subscribed for by the Secretary under costs paid by the taxpayer in connec- Act. Importantly, this change does not this subsection— tion with an award or settlement of affect the requirement that attorneys (A) shall be valued at not less than $50 per monetary damages in a civil claim. pay federal income tax on legal fees share; Such a deduction is commonly referred they receive. The legislation does (B) shall be nonvoting stock; to as an ‘‘above-the-line’’ deduction. eliminate the inequity of the client (C) shall not accrue dividends; and Under current law, there is an in- (D) shall not be transferred to any indi- also paying taxes on attorneys’ fees de- vidual or entity other than the Corporation. equity in the tax code that results in spite not receiving the funds under the the double taxation of attorneys’ fees terms of a contingency fee contract. (d) EXEMPTED SECURITIES.—A share of and costs in certain circumstances. In I encourage my colleagues to join me stock, and any other security or instrument, addition, attorneys’ fees paid by indi- issued by the Corporation shall be considered in this effort to bring fairness to the to be an exempted security for purposes of viduals in recovering a taxable award tax code. the laws (including regulations) adminis- in certain civil claims are only deduct- Mr. President, I ask unanimous con- tered by the Securities and Exchange Com- ible as miscellaneous itemized deduc- sent that the text of the bill be printed mission. tions. As such, they are subject to a rein the RECORD.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.045 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2330 CONGRESSIONAL RECORD — SENATE February 13, 2009 There being no objection, the text of This legislation will allow a plaintiff As I work with my colleagues and the the bill was ordered to be printed in who has recovered an award to take an administration to grapple with how to the RECORD, as follows: above the line deduction for the por- make health care more affordable to S. 440 tion of his or her award that will be the millions of Americans struggling to Be it enacted by the Senate and House of Rep- transmitted to the attorney who pro- pay their premiums, coinsurance and resentatives of the United States of America in vided the representation. This is a copays—raising the floor on lifetime Congress assembled, commonsense solution and where an caps will provide the immediate finan- SECTION 1. ABOVE-THE-LINE DEDUCTION FOR individual has suffered an injury and cial relief to families so that they will ATTORNEY FEES AND COSTS IN CON- have access to health care should a NECTION WITH CIVIL CLAIM will rely on his or her award it is sound AWARDS. policy to reduce this unnecessary and costly, chronic disease occur. (a) IN GENERAL.—Paragraph (20) of section duplicative tax burden. 62(a) of the Internal Revenue Code of 1986 is Neither of these bills gives any spe- By Mrs. MURRAY (for herself and amended to read as follows: cial treatment to attorneys or their Ms. CANTWELL): ‘‘(20) COSTS INVOLVING CIVIL CASES.—Any clients. Rather, in combination, they S. 443. A bill to transfer certain land deduction allowable under this chapter for will help attorneys provide more rep- to the United States to be held in trust attorney fees and court costs paid by, or on resentation to clients who by virtue of for the Hoh Indian Tribe, to place land behalf of, the taxpayer in connection with their financial or other circumstances into trust for the Hoh Indian Tribe, and any action involving a civil claim. The pre- for other purposes; to the Committee ceding sentence shall not apply to any de- must enter a contingency fee arrangement, and will allow a greater amount on Indian Affairs. duction in excess of the amount includible in Mrs. MURRAY. Mr. President, I ask of funds recovered to be put to use by the taxpayer’s gross income for the taxable unanimous consent that the text of the year on account of a judgment or settlement the individual for whose benefit they (whether by suit or agreement and whether bill be printed in the RECORD. were awarded. There being no objection, the text of as lump sum or periodic payments) resulting I thank Senator SPECTER for intro- the bill was ordered to be placed in the from such claim.’’. ducing this legislation and I hope all RECORD, as follows: (b) CONFORMING AMENDMENT.—Section 62 of Senators will join us in supporting the Internal Revenue Code of 1986 is amended S. 443 these sensible corrections to our Tax by striking subsection (e). Be it enacted by the Senate and House of Rep- (c) EFFECTIVE DATE.—The amendments Code. resentatives of the United States of America in made by this section shall apply to fees and By Mr. DORGAN (for himself and Congress assembled, costs paid after the date of the enactment of SECTION 1. SHORT TITLE. this Act with respect to any judgment or set- Ms. SNOWE): This Act may be cited as the ‘‘Hoh Indian tlement occurring after such date. S. 442. A bill to impose a limitation Tribe Safe Homelands Act’’. Mr. LEAHY. Mr. President, I am on lifetime aggregate limits imposed SEC. 2. FINDINGS. pleased to join Senator SPECTER in the by health plans; to the Committee on (a) FINDINGS.—Congress finds the fol- introduction of two bills, S. 437 and S. Health, Education, Labor, and Pen- lowing: 440, that will correct inconsistencies sions. (1) The Hoh Indian Reservation, located and provide fairness to lawyers and Ms. SNOWE. Mr. President, I join along the Hoh River and the Pacific Ocean in their clients under the Federal Tax today with Senator DORGAN to address a remote section of Jefferson County, Wash- ington, is the homeland of the Hoh Indian Code. the growing problem of beneficiaries who exceed their lifetime cap on health Tribe, a federally recognized Indian tribe. Currently, attorneys who take on (2) Established by Executive Order in 1893, contingency fee cases, and advance care coverage. Today, many Americans the Reservation is approximately one square their clients funds for court costs, wit- responsibly purchase a health plan to mile, but its habitable acreage has been re- nesses, or other expenses, cannot de- cover themselves and their loved ones duced over time due to storm surges, re- duct these expenses as ordinary busi- in case of illness. Tragically, some of peated flooding and erosion, and lack of river ness expenses at the time they are these individuals become stricken by dredging. made. Instead, attorneys who advance illness that is extremely expensive to (3) Due to its location along the river and these costs may not take a deduction treat, and too often exceeds their pol- ocean and frequent torrential rains, 90 per- icy’s lifetime cap provision. After cent of the Reservation is located within a until the case for which they are ad- flood zone and, in fact, has flooded repeat- vanced is resolved. In most cases this is doing all you can to act responsibly edly over the last five years. In addition, 100 a timeframe of several years. This re- and avoid becoming a burden on soci- percent of the Reservation is within a tsu- sults in an attorney carrying the bur- ety, an overly restrictive lifetime cap nami zone, leaving most of the Reservation den of these costs from year to year on benefits can cause one to go bank- unfit for safe occupation. until the case is resolved. For many rupt—and ultimately shifts costs to (4) The Tribe has repeatedly suffered from small law firms or solo practitioners, public programs such as Medicaid. serious flood and wind damage to homes, this is a significant burden. We have seen that even beneficiaries tribal buildings, and utility infrastructure Where attorneys are advancing costs who acquire health insurance with that have caused significant damage and re- to clients so that those clients may seemingly hefty lifetime caps have sulted in critical safety and environmental found that the high cost of modern hazards. pursue their rights in court, they de- (5) Federal agencies such as the Bureau of serve to be treated as any other small treatments—combined with medical in- Indian Affairs, the Department of Housing business owner. This disparate treat- flation which exceeds the consumer and Urban Development, and the Federal ment is inequitable and correcting it price index by two to threefold—has Emergency Management Agency have lim- will make legal representation more greatly deflated the true value of the ited authority to assist the Tribe with hous- easily provided by attorneys and more lifetime cap. The legislation offered ing and other improvements and services due available to clients. today addresses this issue by setting a to the dangerous and unsustainable location The other bill we introduce today higher minimum cap. It has been esti- of the Reservation. helps clients who have been awarded mated the cost of this improved protec- (6) The Tribe has purchased from private funds through a contingency fee ar- tion—spread over many insurance pur- owners near the Reservation approximately 260 acres of land in order to move key infra- rangement. Under current tax law, pu- chasers—will increase premiums by ap- structure out of the flood zone. nitive damages awards and awards to a proximately $8 per year. This rein- (7) In addition, the State of Washington’s plaintiff resulting from certain claims forces the principle of insurance— Department of Natural Resources has trans- are subject to Federal taxation for the spreading high risks over many pur- ferred ownership of 160 acres of land to the entire amount of the award, even if the chasers—in order to assure adequate Tribe. plaintiff then uses a portion to satisfy protection should a protracted and ex- (8) An approximately 37 acre parcel of a contingency fee agreement. The re- pensive illness befall an individual. logged land, administered by the National sult is that the portion of an award to This bill will also assure that costs are Park Service, lies between the current Res- not inappropriately shifted onto the ervation land and those lands acquired by a plaintiff in a contingency fee ar- the Tribe, and the only road accessing the rangement that then goes to an attor- government programs, such as Med- Reservation crosses this parcel. ney is taxed twice—once through the icaid—where taxpayers will feel the (9) Together, the lands described in para- plaintiff and again through the attor- brunt of financial responsibility for graphs 6, 7, and 8 would constitute a contig- ney. costly treatment. uous parcel for the Reservation and would

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.043 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2331 create a safe area for members of the Tribe (b) COOPERATIVE EFFORTS.—Congress urges charging decisions or any adverse to live and rebuild their community. the Secretary and the Tribe to enter into treatment on an organization’s pay- SEC. 3. DEFINITIONS. written agreements on the following: ment of employee legal fees, invocation For the purposes of this Act—— (1) Upon completion of the Tribe’s proposed of the attorney-client privilege, or (1) the term ‘‘Federal land’’ mean the Fed- emergency fire response building, Congress agreement to a joint defense agree- eral lands described in section 4(c)(2); urges the parties to work toward mutual aid (2) the term ‘‘Reservation’’ means the res- agreements. ment. ervation of the Hoh Indian Tribe; (2) The National Park Service and the The bill makes many subtle improve- (3) the term ‘‘Secretary’’ means the Sec- Tribe shall work collaboratively to provide ments over earlier iterations, including retary of the Interior; and opportunities for the public to learn more defining ‘‘organization’’ to make clear (4) the term ‘‘Tribe’’ means the Hoh Indian about the culture and traditions of the that continuing criminal enterprises Tribe, a federally recognized Indian tribe. Tribe. and terrorist organizations will not SEC. 4. TRANSFER OF LANDS TO BE HELD IN (3) The land may be used for the develop- benefit from the bill’s protections. The TRUST AS PART OF THE TRIBE’S ment of a multi-purpose, non-motorized trail bill also clarifies language that the De- RESERVATION; PLACEMENT OF from Highway 101 to the Pacific Ocean. The OTHER LAND INTO TRUST. partment of Justice had previously parties agree to work cooperatively in the criticized as ambiguous. The bill fur- (a) IN GENERAL.—The Secretary shall development and placement of such trail. transfer to the Tribe all right, title, and in- ther makes clear in its findings that its SEC. 6. HOH INDIAN RESERVATION. terest of the United States in and to the Fed- All lands taken into trust by the United prohibition on informal privilege waiv- eral land. Such land shall be held in trust by States under this Act shall be a part of the er demands is far from unprecedented. the United States for the benefit of the Hoh Indian Reservation. The bill states: ‘‘Congress recognized Tribe. Such land shall be excluded from the that law enforcement can effectively boundaries of Olympic National Park. At the SEC. 7. GAMING PROHIBITION. request of the Tribe, at the time of transfer No land taken into trust for the benefit of investigate without attorney-client of the Federal land, the Secretary shall also the Hoh Indian Tribe under this Act shall be privileged information when it banned place into trust for the benefit of the Tribe considered Indian lands for the purpose of Attorney General demands for privi- the non-Federal land owned by the Tribe and the Indian Gaming Regulatory Act (25 U.S.C. leged materials in the Racketeer Influ- described in subsection (c)(1). 2701 et seq.). enced and Corrupt Organizations Act. (b) RESERVATION.—Land taken into trust See 18 U.S.C. § 1968(c)(2).’’ for the Tribe pursuant to subsection (a) shall By Mr. SPECTER (for himself, Though an improvement over past be part of the Reservation. Ms. LANDRIEU, Mr. CARPER, Mr. guidelines, there is no need to wait to (c) DESCRIPTION OF LANDS.—The land to be KERRY, Mrs. MCCASKILL, and transferred and held in trust under sub- see how the Filip guidelines will oper- Mr. COCHRAN): ate in practice. There is similarly no section (a) is the land generally depicted on S. 445. A bill to provide appropriate the map titled ‘‘H.R. Hoh Indian Tribe need to wait for another Department of lll protection to attorney-client privi- Safe Homelands Act’’, and dated Justice or executive branch reform lllllllll and further described as— leged communications and attorney that will likely fall short and become (1) the non-Federal land owned by the Hoh work product; to the Committee on the the sixth policy in the last 10 years. Tribe; and Judiciary. Any such internal reform may prove (2) the Federal land administered by the Mr. SPECTER. Mr. President, I seek fleeting and might not address the National Park Service, located in Section 20, recognition today to reintroduce the privilege waiver policies of other gov- Township 26N, Range 13W, W.M. South of the Attorney-Client Privilege Protection ernment agencies that refer matters to Hoh River. Act of 2009, which is nearly identical to (d) AVAILABILITY OF MAP.—Not later than the Department of Justice, thus allow- 120 days after the completion of the land S. 3217, a bill I introduced in July of ing in through the window what isn’t transfer of Federal land under this section, 2008 under the same name. This legisla- allowed through the door. the Secretary shall make the map available tion continues to address the Depart- As I said when I introduced my first to the appropriate agency officials and con- ment of Justice’s corporate prosecu- bill on this subject, the right to coun- gressional committees. The map shall be tion guidelines. Those guidelines, last sel is too important to be passed over available for public inspection in the appro- revised by Deputy Attorney General priate offices of the Secretary. for prosecutorial convenience or Exec- (e) CONGRESSIONAL INTENT.—It is the intent Mark Filip in August 2008, erode the utive Branch whimsy. It has been of Congress that— attorney-client relationship by allow- engrained in American jurisprudence (1) the condition of the Federal land at the ing prosecutors to continue considering since the 18th century when the Bill of time of the transfer under this section the provision of privileged information Rights was adopted. The 6th Amend- should be preserved and protected; in order for corporations to receive co- ment is a fundamental right afforded (2) that the natural environment existing operation credit. on the Federal land at the time of the trans- to individuals charged with a crime To their credit, the Filip guidelines and guarantees proper representation fer under this section should not be altered, preclude prosecutors from asking for except as described in this Act; and by counsel throughout a prosecution. (3) the Tribe and the National Park Service privilege waivers in nearly all cir- However, the right to counsel is largely shall work cooperatively on issues of mutual cumstances. However, as evidenced by ineffective unless the confidential com- concern related to this Act. the numerous versions of the Justice munications made by a client to his or SEC. 5. PRESERVATION OF EXISTING CONDITION Department’s corporate prosecution her lawyer are protected by law. As the OF FEDERAL LAND; TERMS OF CON- guidelines over the past decade, the Supreme Court observed in Upjohn Co. SERVATION AND USE IN CONNEC- Filip reforms cannot be trusted to re- TION WITH LAND TRANSFER. v. United States, ‘‘the attorney-client (a) RESTRICTIONS ON USE.—The use of the main static. Moreover, unlike Federal privilege is the oldest of the privileges Federal land transferred pursuant to section law—which requires the assent of both for confidential communications 4 is subject to the following conditions: houses and the President’s signature or known to the common law.’’ When the (1) No commercial, residential, industrial, a super-majority in Congress—the Filip Upjohn Court affirmed that attorney- or other buildings or structures shall be guidelines are subject to unilateral ex- client privilege protections apply to placed on the Federal land being transferred ecutive branch modification. There- corporate internal legal dialogue, the and placed into trust. The existing road may fore, to avoid a recurrence of prosecu- be maintained or improved, but no major im- Court manifested in the law the impor- provements or road construction shall occur torial abuses and attorney-client privi- tance of the attorney-client privilege on the lands. lege waiver demands, legislation is nec- in encouraging full and frank commu- (2) In order to maintain its use as a natural essary. nication between attorneys and their wildlife corridor and to provide for protec- Like my previous bills, this bill will clients, as well as the broader public tion of existing resources, no logging or protect the sanctity of the attorney- interests the privilege serves in fos- hunting shall be allowed on the land. client relationship by statutorily pro- tering the observance of law and the (3) The Tribe may authorize tribal mem- hibiting Federal prosecutors and inves- administration of justice. The Upjohn bers to engage in ceremonial and other trea- tigators across the executive branch Court also made clear that the value of ty uses of these lands and existing tribal from requesting waiver of attorney-cli- treaty rights are not diminished by this Act. legal advice and advocacy depends on (4) The Tribe shall survey the boundaries ent privilege and attorney work prod- the lawyer having been fully informed of the Federal land and submit the survey to uct protections in corporate investiga- by the client. the National Park Service for review and tions. The bill would similarly prohibit In addition to the importance of the concurrence. the government from conditioning right to counsel, it is also fundamental

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.044 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2332 CONGRESSIONAL RECORD — SENATE February 13, 2009 that the Government has the burden of In this case, the Court noted that a of oral arguments. Between 1955 and investigating and proving its own case. public trial belongs not only to the ac- 1993, there were apparently over 5,000 Privilege waiver tends to transfer this cused but to the public and the press as recorded arguments before the Su- burden to the organization under inves- well and recognized that people now ac- preme Court. That roughly translates tigation. As a former prosecutor, I am quire information on court procedures to an average of about 132 arguments well aware of the enormous power and chiefly through the print and elec- annually. But audio recordings are tools a prosecutor has at his or her dis- tronic media. simply ill suited to capture the nuance posal. The prosecutor has enough That decision, in referencing the of oral arguments and the sustained at- power without the coercive tools of the electronic media, appears to anticipate tention of the American citizenry. Nor privilege waiver, whether that waiver televising court proceedings, although is it any response that people who wish policy is embodied in the Holder, I do not mean to suggest that the Su- to see open sessions of the Supreme Thompson, McCallum, McNulty, or preme Court is in agreement with this Court should come to the Capital and Filip memorandum. legislation. I should note that the attend oral arguments. For, according As in my prior bills designed to pro- Court could, on its own initiative, tele- to one source: ‘‘Several million people tect the attorney-client privilege, this vise its proceedings but has chosen not each year visit Washington, D.C., and bill amends title 18 of the United to do so. This presents, in my view, the many thousands tour the White House States Code by adding a new section, necessity for legislating on this sub- and the Capitol. But few have the § 3014, that would prohibit any agent or ject. chance to sit in the Supreme Court attorney of the U.S. Government in When I argued the case of the Navy chamber and witness an entire oral ar- any criminal or civil case to demand or Yard, Dalton v. Specter, back in 1994, gument. Most tourists are given just request the disclosure of any commu- the Court proceedings were illustrated three minutes before they are shuttled nication protected by the attorney-cli- by an artist’s drawings—some of which out and a new group shuttled in. In ent privilege or attorney work product. now hang in my office. Today, the pub- cases that attract headlines, seats for The bill would also prohibit govern- lic gets a substantial portion, if not the public are scarce and waiting lines ment lawyers and agents from basing most, of its information from tele- are long. And the Court sits in open any charge or adverse treatment on vision and the internet. While many session less than two hundred hours whether an organization pays attor- court proceedings are broadcast rou- each year. Television cameras and neys’ fees for its employees or signs a tinely on television, the public has lit- radio microphones are still banned joint defense agreement. tle access to the most important and from the chamber, and only a few hun- This legislation is needed to ensure highest court in this country. Although dred people at most can actually wit- that constitutional protections of the the internet has made the Court’s tran- ness oral arguments. Protected by a attorney-client relationship are pre- scripts, and even more recently, audio marble wall from public access, the Su- served in Federal prosecutions and in- recordings, more widely accessible, the preme Court has long been the least vestigations. public is still deprived of the real time understood of the three branches of our transmission of audio and video feeds Federal Government.’’ By Mr. SPECTER (for himself, from the Court. I believe it is vital for In light of the increasing public de- Mr. GRASSLEY, Mr. DURBIN, Mr. the public to see, as well as to hear, the sire for information, it seems unten- SCHUMER, Mr. FEINGOLD, and arguments made before the Court and able to continue excluding cameras Mr. CORNYN): the interplay among the justices. I from the courtroom of the Nation’s S. 446. A bill to permit the televising think the American people will gain a highest court. As one legal commen- of Supreme Court proceedings; to the greater respect for the way in which tator observes: ‘‘An effective and le- Committee on the Judiciary. our High Court functions if they are gitimate way to satisfy America’s curi- Mr. SPECTER. Mr. President, once able to see oral arguments. osity about the Supreme Court’s hold- more I seek recognition to introduce Justice Felix Frankfurter perhaps ings, Justices, and modus operandi is legislation that will give the public anticipated the day when Supreme to permit broadcast coverage of oral greater access to our Supreme Court. Court arguments would be televised arguments and decision announce- This bill requires the High Court to when he said that he longed for a day ments from the courtroom itself.’’ permit television coverage of its open when: ‘‘The news media would cover Televised court proceedings better sessions unless it decides by a majority the Supreme Court as thoroughly as it enable the public to understand the vote of the Justices that allowing such did the World Series, since the public role of the Supreme Court and its im- coverage in a particular case would confidence in the judiciary hinges on pact on the key decisions of the day. violate the due process rights of one or the public’s perception of it, and that Not only has the Supreme Court invali- more of the parties involved in the perception necessarily hinges on the dated Congressional decisions where matter. media’s portrayal of the legal system.’’ there was, in the views of many, simply The purpose of this legislation is to When I spoke in favor of this legisla- a difference of opinion as to what is open the Supreme Court doors so that tion in September of 2000, I said, ‘‘I do preferable public policy, but the Court more Americans can see the process by not expect a rush to judgment on this determines novel issues such as wheth- which the Court reaches critical deci- very complex proposition, but I do be- er AIDS is a disability under the Amer- sions of law that affect this country lieve the day will come when the Su- icans with Disabilities Act, whether and everyday Americans. The Supreme preme Court of the United States will Congress can ban obscenity from the Court makes pronouncements on Con- be televised. That day will come, and it Internet, and whether states can im- stitutional and Federal law that have a will be decisively in the public interest pose term limits upon members of Con- direct impact on the rights of Ameri- so the public will know the magnitude gress. The current Court, like its pred- cans. Those rights would be substan- of what the Court is deciding and its ecessors, hands down decisions which tially enhanced by televising the oral role in our democratic process.’’ I have vitally affect the lives and liberties of arguments of the Court so that the continued to reiterate those senti- all Americans. Since the Court’s his- public can see and hear the issues pre- ments in September of 2005 and in Jan- toric 1803 decision, Marbury v. Madi- sented to the Court. With this informa- uary of 2007 when I re-introduced iden- son, the Supreme Court has the final tion, the public would have insight into tical bills. Today, I continue to support authority on issues of enormous impor- key issues and be better equipped to this legislation because I believe that tance from birth to death. In Roe v. understand the impact of and reasons it is crucial to the public’s awareness Wade, 1973, the Court affirmed a Con- for the Court’s decisions. of Supreme Court proceedings and stitutional right to abortion in this In a very fundamental sense, tele- their impact on the daily lives of all country and struck down state statutes vising the Supreme Court has been im- Americans. banning or severely restricting abor- plicitly recognized—perhaps even sanc- I pause to note that it was not until tion during the first two trimesters on tioned—in a 1980 decision by the Su- 1955 that the Supreme Court, under the the grounds that they violated a right preme Court of the United States enti- leadership of Chief Justice Warren, to privacy inherent in the Due Process tled Richmond Newspapers v. Virginia. first began permitting audio recordings Clause of the Fourteenth Amendment.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.046 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2333 In the case of Washington v. the principle of ‘‘separate but equal’’ in the few cases that have already been Glucksberg, 1997, the court refused to education for blacks and whites and in- decided. It has also issued six 5–3 deci- create a similar right to assisted sui- tegrated public education in this coun- sions in which one justice recused. Fi- cide. Here the Court held that the Due try. This case was then followed by a nally, it has issued a rare 5–2 decision Process Clause does not recognize a lib- series of civil rights cases which en- in which Chief Justice Roberts and erty interest that includes a right to forced the concept of integration and Justice Alito took no part, and in the commit suicide with another’s assist- full equality for all citizens of this October 2007 term, two 4–4 ties. In sum, ance. country, including Gamer v. Louisiana, since the beginning of its October 2005 In the Seventies, the Court first 1961, Burton v. Wilmington Parking term and not counting the current struck down then upheld state statutes Authority, 1961, and Peterson v. City of term, the Supreme Court has issued 52 imposing the death penalty for certain Greenville, 1963. decisions establishing the law of the crimes. In Furman v. Georgia, 1972, the In recent years Marbury, Dred Scott, land in which only 5 justices explicitly Court struck down Georgia’s death Furman, New York Times, and Roe, fa- concurred. Many of these narrow ma- penalty statute under the cruel and un- miliar names in the lexicon of lawyerly jorities occur in decisions involving usual punishment clause of the Eighth discussions concerning watershed Su- the Court’s interpretation of our Con- Amendment and stated that no death preme Court precedents, have been stitution—a sometimes divisive en- penalty law could pass constitutional joined with similarly important cases deavor on the Court. I will not discuss muster unless it took aggravating and like Hamdi, Rasul, Roper, and all 52 thinly decided cases but will de- mitigating circumstances into ac- Boumediene—all cases that affect fun- scribe a few to illustrate my point count. This decision led Georgia and damental individual rights. In Hamdi about the importance of the Court and many States to amend their death pen- v. Rumsfeld, 2004, the Court concluded its decisions in the lives of Americans. The first 5–4 split decision, decided alty statutes and, four years later, in that although Congress authorized the on January 11, 2006, was Brown v. Sand- Gregg v. Georgia, 1976, the Supreme detention of combatants, due process ers. In this case the Court considered Court upheld Georgia’s amended death demands that a citizen held in the ‘‘the circumstances in which an invali- penalty statute. United States as an enemy combatant dated sentencing factor will render a Over the years, the Court has also be given a meaningful opportunity to death sentence unconstitutional by played a major role in issues of war and contest the factual basis for that de- reason of its adding an improper ele- peace. In its opinion in Scott v. tention before a neutral decision- ment to the aggravation scale in the Sandford, 1857—better known as the maker. The Court reaffirmed the na- jury’s weighing process.’’ A majority of Dred Scott decision—the Supreme tion’s commitment to constitutional the Court held that henceforth in death Court held that Dred Scott, a slave principles even during times of war and penalty cases, an invalidated sen- who had been taken into ‘‘free’’ terri- uncertainty. Similarly, in Rasul v. tencing factor will render the sentence tory by his owner, was nevertheless Bush, 2004, the Court held that the Fed- unconstitutional by reason of its add- still a slave. eral habeas statute gave district courts The Court further held that Congress jurisdiction to hear challenges of ing an improper element to the aggra- lacked the power to abolish slavery in aliens held at Guantanamo Bay, Cuba vation scale unless one of the other certain territories, thereby invali- in the U.S. War on Terrorism. In Roper sentencing factors enables the dating the careful balance that had v. Simmons, a 2005 case, the Court held sentencer to give aggravating weight been worked out between the North that executions of individuals who to the same facts and circumstances. and the South on the issue. Historians were under 18 years of age at the time The majority opinion was authored by have noted that this opinion fanned the of their capital crimes is prohibited by Justice Scalia and joined by Chief Jus- flames that led to the Civil War. Eighth and Fourteenth Amendments. tice Roberts and Justices O’Connor, The Supreme Court has also ensured In Boumediene v. Bush, 2008, the Court Kennedy and Thomas. Justice Stevens adherence to the Constitution during held that, subsequent to Hamdan v. filed a dissenting opinion in which Jus- more recent conflicts. Prominent oppo- Rumsfeld and regardless of Congress’ tice Souter joined. Similarly, Justice nents of the Vietnam War repeatedly attempts to strip federal courts of ju- Breyer filed a dissenting opinion in petitioned the Court to declare the risdiction to consider pending habeas which Justice Ginsburg joined. In November 2006, the Supreme Court Presidential action unconstitutional corpus petitions from Guantanamo de- decided Ayers v. Belmontes, a capital on the grounds that Congress had never tainees, the detainees nonetheless were murder case in which the Belmontes given the President a declaration of not barred from seeking the writ and contended that California law and the war. The Court decided to leave this procedures under the Detainee Treat- trial court’s instructions precluded the conflict in the political arena and re- ment Act were not an adequate sub- jury from considering his forward look- peatedly refused to grant writs of cer- stitute for it. ing mitigation evidence suggesting he When deciding issues of such great tiorari to hear these cases. This could lead a constructive life while in- prompted Justice Douglas, sometimes national import, the Supreme Court is carcerated. In Ayers the Supreme accompanied by Justices Stewart and rarely unanimous. In fact, a large num- Court found the Ninth Circuit erred in Harlan, to take the unusual step of ber of seminal Supreme Court deci- holding that the jury was precluded by writing lengthy dissents to the denials sions, such as Boumediene, have been jury instructions from considering of cert. reached through a vote of 5–4. Such a mitigation evidence. Justice Kennedy In New York Times Co. v. United close margin reveals that these deci- authored the majority opinion while States, 1971—the so called ‘‘Pentagon sions are far from foregone conclusions Justice Stevens wrote a dissent joined Papers’’ case—the Court refused to distilled from the meaning of the Con- by three other justices. grant the government prior restraint stitution, reason and the application of Other 5–4 split decisions since Octo- to prevent the New York Times from legal precedents. On the contrary, ber 2005 include United States v. Gon- publishing leaked Defense Department these major Supreme Court opinions zalez-Lopez, concerning whether a de- documents which revealed damaging embody critical decisions reached on fendant’s Sixth Amendment right to information about the Johnson Admin- the basis of the preferences and views counsel was violated when a district istration and the war effort. The publi- of each individual justice. In a case court refused to grant his paid lawyer cation of these documents by the New that is decided by a vote of 5–4, an indi- permission to represent him based York Times is believed to have helped vidual justice has the power by his or upon some past ethical violation by the move public opinion against the war. her vote to change the law of the land. lawyer, June 26, 2006; LULAC v. Perry, In its landmark civil rights opinions, Since the beginning of its October deciding whether the 2004 Texas redis- the Supreme Court took the lead in ef- 2005 term when Chief Justice Roberts tricting violated provisions of the Vot- fecting needed social change, helping first began hearing cases, the Supreme ing Rights Act, June 28, 2006; Kansas v. us to address fundamental questions Court has issued 45 decisions with a 5– Marsh, concerning the Eighth and about our society in the courts rather 4 split, not including the current Octo- Fourteenth Amendments in a capital than in the streets. In Brown v. Board ber 2008 term, in which I understand murder case in which the defense ar- of Education, the Court struck down there are additional 5–4 decisions with- gued that a Kansas statute established

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.060 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2334 CONGRESSIONAL RECORD — SENATE February 13, 2009 an unconstitutional presumption in . . . at Guantanamo Bay.’’ In deciding view America from a bottoms-up, rath- favor of the death sentence when ag- the merits, the Court went on to hold er than a top-down perspective. gravating and mitigating factors were that the President lacked authority to Regardless of one’s view concerning in equipoise, April 25, 2006; Clark v. Ar- establish a military commission to try the merits of these decisions, it is clear izona, a capital murder case involving Hamdan or others without enabling that they frequently have a profound the constitutionality of an Arizona Su- legislation passed by both houses of effect on the interplay between the preme Court precedent governing the Congress and enacted into law. This government, on the one hand, and the admissibility of evidence to support an case was one of a handful of recent individual on the other. So, it is with insanity defense, June 29, 2006; Garcetti cases in which the Supreme Court re- these watershed decisions in mind that v. Ceballos, a case holding that when leased audiotapes of oral arguments al- I introduce legislation designed to public employees make statements most immediately after they occurred. make the Supreme Court less esoteric pursuant to their official duties they Yet it would have been vastly pref- and more accessible to common men are not speaking as citizens for First erable to watch the parties’ advocates and women who are so clearly affected Amendment purposes, and the Con- grapple with the legal issues as the jus- by its decisions. stitution does not insulate their com- tices peppered them with jurisdic- Given the enormous significance of munications from employer discipline, tional, constitutional and merits-re- each vote cast by each justice on the May 30, 2006; and District of Columbia lated questions from the High Court’s Supreme Court, televising the pro- v. Heller, June 26, 2008, which found bench. ceedings of the Supreme Court will that Washington, D.C.’s gun laws were In another fascinating 5–3 case, Jones allow sunlight to shine brightly on unconstitutionally restrictive of rights v. Flowers, April 26, 2006, the Supreme these proceedings and ensure greater afforded under the Second Amendment. Court considered whether, when notice The justices have split 5–3 six times of a tax sale is mailed to the owner and public awareness and scrutiny. since October 2005. returned undelivered, the government In a democracy, the workings of the In Georgia v. Randolph, March 22, must take additional reasonable steps government at all levels should be open 2006, a 5–3 majority of the Supreme to provide notice before taking the to public view. With respect to oral ar- Court held that a physically present owner’s property. In an opinion by guments, the more openness and the co-occupant’s stated refusal to permit Chief Justice Roberts, the Court held more real the opportunity for public a warrantless entry and search ren- that where the Arkansas Commissioner observation the greater the under- dered the search unreasonable and in- of State Lands had mailed Jones a cer- standing and trust. As the Supreme valid as to that occupant. Justice tified letter and it had been returned Court observed in the 1986 case of Souter authored the majority opinion. unclaimed, the Commissioner had to Press-Enterprise Co. v. Superior Court, Justice Stevens filed a concurring take additional reasonable steps to ‘‘People in an open society do not de- opinion as did Justice Breyer. The provide Jones notice. Justices Thomas, mand infallibility from their institu- Chief Justice authored a dissent joined Scalia and Kennedy dissented and Jus- tions, but it is difficult for them to ac- by Justice Scalia. Moreover, Justice tice Alito took no part in the decision. cept what they are prohibited from ob- Scalia issued his own dissent as did Though Jones v. Flowers involved serving.’’ Justice Thomas. In Randolph, there the Due Process Clause of the Four- It was in this spirit that the House of were six opinions in all from a Court teenth Amendment, not the Takings Representatives opened its delibera- that only has nine justices. One can Clause of Fifth Amendment, one could tions to meaningful public observation only imagine the spirited debate and draw interesting analogies to the by allowing C–SPAN to begin tele- interplay of ideas, facial expressions Court’s controversial 2005 decision in vising debates in the House chamber in and gestures that occurred in oral ar- Kelo v. City of New London. In Kelo, a 1979. The Senate followed the House’s guments. Audio recordings are simply majority of the justices held that a lead in 1986 by voting to allow tele- inadequate to capture all of the nuance city’s exercise of eminent domain vision coverage of the Senate floor. that only cameras could capture and power in furtherance of a privately ini- Beyond this general policy preference convey. tiated economic development plan sat- for openness, however, there is a strong In House v. Bell, a 5–3 opinion au- isfied the Constitution’s Fifth Amend- argument that the Constitution re- thored by Justice Kennedy, June 12, ment ‘‘public use’’ requirement despite quires that television cameras be per- 2006, the Supreme Court held that be- the absence of any blight. Four justices mitted in the Supreme Court. cause House had made the stringent dissented in Kelo and public opinion showing required by the actual inno- turned sharply against the decision im- It is well established that the Con- cence exception to judicially-estab- mediately after it was issued. stitution guarantees access to judicial lished procedural default rules, he It’s possible, though merely specula- proceedings to the press and the public. could challenge his conviction even tive, that the public ire aimed at Kelo In 1980, the Supreme Court relied on after exhausting his regular appeals. informed what became a majority of this tradition when it held in Rich- Justice Alito took no part in consid- justices in Jones v. Flowers. In a pas- mond Newspapers v. Virginia that the ering or deciding the House case. It sage by Chief Justice Roberts, the right of a public trial belongs not just bears noting, however, that if one jus- Court notes, ‘‘when a letter is returned to the accused, but to the public and tice had been on the other side of this by the post office, the sender will ordi- the press as well. The Court noted that decision it would have resulted in a 4– narily attempt to resend it, if it is such openness has ‘‘long been recog- 4 tie and, ultimately, led to affirming practicable to do so. This is especially nized as an indisputable attribute of an the lower court’s denial of House’s true when, as here, the subject matter Anglo-American trial.’’ post-conviction habeas petitions due to of the letter concerns such an impor- Recognizing that in modern society a procedural default. tant and irreversible prospect as the most people cannot physically attend In Hamdan v. Rumsfeld, a 5–3 deci- loss of a house.’’ trials, the Court specifically addressed sion in which Chief Justice Roberts Not only lawyers but all homeowners the need for access by members of the took no part, the Supreme Court held could benefit from knowing how the media: ‘‘Instead of acquiring informa- that Hamdan could challenge his de- Court grapples with legal issues gov- tion about trials by first hand observa- tention and the jurisdiction of the erning the rights to their houses. My tion or by word of mouth from those President’s military commissions to legislation creates the opportunity for who attended, people now acquire it try him despite recent enactment of all interested Americans to watch the chiefly through the print and elec- the Detainee Treatment Act. A thin Court in action in cases like these. tronic media. In a sense, this validates majority of the justices supported the From his perch on the High Court one the media claim of acting as surrogates decision despite knowledge that the justice has been heard to contend that for the public. [Media presence} con- DTA explicitly provides ‘‘no court . . . most Americans could care less about tributes to public understanding of the shall have jurisdiction to hear or con- the arcane legal issues argued before rule of law and to comprehension of the sider . . . an application for . . . habeas the Court. But as elected representa- functioning of the entire criminal jus- corpus filed by . . . an alien detained tives of the people we must endeavor to tice system.’’

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.062 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2335 To be sure, a strong argument can be Administrative Oversight and the ensure the timely publication of audio made that forbidding television cam- Courts held a hearing titled ‘‘Allowing recordings of the arguments as well as eras in the court, while permitting ac- Cameras and Electronic Media in the the written transcripts. cess to print and other media, con- Courtroom.’’ The primary focus of the In my judgment, Congress, with the stitutes an impermissible discrimina- hearing was Senate bill S. 721, legisla- concurrence of the President, or over- tion against one type of media over an- tion introduced by Senators GRASSLEY riding his veto, has the authority to re- other. In recent years, the Supreme and SCHUMER that would give Federal quire the Supreme Court to televise its Court and lower courts have repeatedly judges the discretion to allow tele- proceedings. Such a conclusion is not held that differential treatment of dif- vision coverage of court proceedings. free from doubt and is highly likely to ferent media is impermissible under One of the witnesses at the hearing, be tested with the Supreme Court, as the First Amendment absent an over- the late Judge Edward R. Becker, then- usual, having the final word. As I see riding governmental interest. For ex- Chief Judge U.S. Court of Appeals for it, there is clearly no constitutional ample, in 1983 the Court invalidated the Third Circuit, spoke in opposition prohibition against such legislation. discriminatory tax schemes imposed to the legislation and the presence of Article 3 of the Constitution states only upon certain types of media in television cameras in the courtroom. that the judicial power of the United Minneapolis Star & Tribune Co. v. Min- The remaining five witnesses, however, States shall be vested ‘‘in one Supreme nesota Commissioner of Revenue. In including a Federal judge, a State Court and such inferior Courts as the the 1977 case of ABC v. Cuomo, the Sec- judge, a law professor and other legal Congress may from time to time ordain ond Circuit rejected the contention by experts, all testified in favor of the leg- and establish.’’ While the Constitution the two candidates for mayor of New islation. They argued that cameras in specifically creates the Supreme Court, York that they could exclude some the courts would not disrupt pro- it left it to Congress to determine how members of the media from their cam- ceedings but would provide the kind of the Court would operate. For example, paign headquarters by providing access accountability and access that is fun- it was Congress that fixed the number through invitation only. The Court damental to our system of government. of justices on the Supreme Court at wrote that: ‘‘Once there is a public On November 9, 2005, the Judiciary nine. Likewise, it was Congress that function, public comment, and partici- Committee held a hearing to address decided that any six of these justices pation by some of the media, the First whether Federal court proceedings are sufficient to constitute a quorum of Amendment requires equal access to should be televised generally and to the Court. It was Congress that decided all of the media or the rights of the consider S. 1768, my earlier version of that the term of the Court shall com- First Amendment would no longer be this bill, and S. 829, Senator GRASS- mence on the first Monday in October tenable.’’ LEY’s ‘‘Sunshine in the Courtroom Act of each year, and it was Congress that However, in the 1965 case of Estes v. of 2005.’’ During the November 9 hear- determined the procedures to be fol- Texas, the Supreme Court rejected the ing, most witnesses spoke favorably of lowed whenever the Chief Justice is un- argument that the denial of television cameras in the courts, particularly at able to perform the duties of his office. coverage of trials violates the equal the appellate level. Among the wit- Beyond such basic structural and protection clause. In the same opinion, operational matters, Congress also con- the Court held that the presence of tel- nesses favorably disposed toward the trols more substantive aspects of the evision cameras in the Court had vio- cameras were Peter Irons, author of Supreme Court. Most importantly, it is lated a Texas defendant’s right to due May It Please the Court, Seth Berlin, a Congress that in effect determines the process. Subsequent opinions have cast First Amendment expert at a local appellate jurisdiction of the Supreme serious doubt upon the continuing rel- firm, Brian Lamb, founder of C–SPAN, Court. Although the Constitution itself evance of both prongs of the Estes Henry Schleif of Court TV Networks, sets out the original jurisdiction of the opinion. and Barbara Cochran of the Radio-Tel- In its 1981 opinion in Chandler v. evision News Directors Association and Court, it provides that appellate juris- Florida, the court recognized that Foundation. diction exists ‘‘with such exceptions Estes must be read narrowly in light of The notable exception was the Hon- and under such regulations as the Con- the state of television technology at orable Judge Jan DuBois of the East- gress shall make.’’ that time. The television coverage of ern District of Pennsylvania, who tes- Some objections have been raised to Estes’ 1962 trial required cumbersome tified on behalf of the Judicial Con- televised proceedings of the Supreme equipment, numerous additional ference. Judge DuBois warned of prob- Court on the ground that it would sub- microphones, yards of new cables, dis- lems particularly at the trial level, ject justices to undue security risks. tracting lighting, and numerous tech- where witnesses who appear uncom- My own view is such concerns are vast- nicians present in the courtroom. In fortable because of cameras might ly overstated. Well-known members of contrast, the court noted, television seem less credible to jurors. I note, Congress walk on a regular basis in coverage in 1980 can be achieved however, that appellate courts do not public view in the Capitol complex. through the presence of one or two disappear susceptible to this criticism be- Other very well-known personalities, creetly placed cameras without mak- cause there are no witnesses or jurors presidents, vice presidents, cabinet of- ing any perceptible change in the at- present for appellate arguments. ficers, all are on public view with even mosphere of the courtroom. Accord- The Judiciary Committee considered incumbent presidents exposed to risks ingly, the Court held that, despite and passed both bills on March 30, 2006. as they mingle with the public. Such Estes, the presence of television cam- The Committee vote to report S. 1768 risks are minimal in my view given the eras in a Florida trial was not a viola- was 12–6, and the bill was placed on the relatively minor ensure that Supreme tion of the rights of the defendants in Senate Legislative Calendar. Unfortu- Court justices would undertake that case. By the same logic, the hold- nately, due to the press of other busi- through television appearances. Also, ing in Estes that exclusion of tele- ness neither bill was allotted time on any concerns could be mitigated by fo- vision cameras from the courts did not the Senate Floor. Again, in the 110th cusing only on the attorneys pre- violate the equal protection clause Congress, I introduced this legislation, senting arguments. There is no require- must be revisited in light of the dra- and it was reported out of the Judici- ment that the justices permit the cam- matically different nature of television ary Committee by a vote of 11–7. eras to focus on the bench. coverage today. During their confirmation hearings As I explained earlier, the Supreme Given the strength of these argu- over the past two years, Chief Justice Court could, of course, permit tele- ments, it is not surprising that over John Roberts stated he would keep an vision through its own rule but has de- the last two decades there has been a open mind on the issue and Justice cided not to do so. Congress should be rapidly growing acceptance of cameras Alito stated that as a circuit judge he circumspect and even hesitant to im- in American courtrooms which has unsuccessfully voted, in the minority, pose a rule mandating the televising of reached almost every court except for to permit televised open proceedings in Supreme Court proceedings and should the Supreme Court itself. the Third Circuit. I applaud the fact do so only in the face of compelling On September 6, 2000, the Senate Ju- the new Chief Justice has taken steps public policy reasons. The Supreme diciary Committee’s Subcommittee on to make the Court more open and to Court has such a dominant role in key

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.065 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2336 CONGRESSIONAL RECORD — SENATE February 13, 2009 decision-making functions that their tion and price manipulation in U.S. en- grew from around 100,000 contracts in proceedings ought to be better known ergy and agricultural markets. It will 2001, which was 20 percent of the total to the public; and, in the absence of close the loopholes in our commodities number of outstanding contracts, to al- Court rule, public policy would be best laws that now impede the policing of most 1.2 million contracts last fall, served by enactment of legislation re- U.S. energy trades on foreign ex- representing almost 40 percent of the quiring the televising of Supreme changes and in the unregulated over- outstanding futures and options con- Court proceedings. the-counter market. It will ensure that tracts in oil on NYMEX. Even these This legislation embodies sound pol- large commodity traders cannot use statistics understate the increase in icy and will prove valuable to the all these markets to hide from CFTC over- speculation, since the CFTC data clas- Americans. I urge my colleagues to sight or avoid limits on speculation. It sifies futures trading involving index support this bill. will strengthen disclosure, oversight, funds as commercial trading rather and enforcement in U.S. energy mar- than speculation, and the CFTC classi- By Mr. LEVIN: kets, restoring the financial oversight fies all traders in commercial firms as S. 447. A bill to amend the Com- that is crucial to protect American commercial traders, regardless of modity Exchange Act to prevent exces- consumers, American businesses, and whether any particular trader in that sive price speculation with respect to the U.S. economy from further energy firm may, in fact, be speculating. energy and agricultural commodities, shocks. Basic economic theory tells us that and for other purposes; to the Com- This legislation, which addresses the greater the demand there is to buy mittee on Agriculture, Nutrition, and commodity markets, is one important futures contracts for the delivery of a Forestry. piece of the broader reform effort need- commodity, the higher the price will Mr. LEVIN. Mr. President, over the ed to repair our financial regulatory be for those futures contracts. past couple of years energy prices have system, stop abusive practices, and put Not surprisingly, therefore, massive taken the American people on an un- the cop back on the beat in all of our speculation that the price of oil will in- predictable, expensive, and damaging markets. crease, together with massive pur- roller coaster ride. In early 2007, a bar- Specifically, this particular legisla- chases of futures contracts in pursuit rel of crude oil cost about $50. Over the tion would make four sets of changes. of that belief, have, in fact, helped in- course of the year, the price rose steep- First, it would require the CFTC to crease the price of oil to a level far ly, nearly doubling by the end of the set limits on the holdings of traders in above the price justified by the tradi- year to almost $100 per barrel. Oil all of the energy futures contracts tional forces of supply and demand. prices continued to soar through the traded on regulated exchanges to pre- In June 2006, I released a Sub- first half of 2008, peaking at nearly $150 vent traders from engaging in excessive committee report, The Role of Market per barrel in July. Then, over the next speculation or price manipulation. Speculation in Rising Oil and Gas few months, oil prices crashed back Since we closed the Enron loophole last Prices: A Need to Put a Cop on the down to $35 per barrel, a drop of over year all futures contracts must be Beat. This report found that the tradi- $110 per barrel. traded in regulated markets. tional forces of supply and demand These huge price swings can’t be ex- Second, it would close the ‘‘London didn’t account for sustained price in- plained by simple changes in supply loophole’’ by giving the CFTC the same creases and price volatility in the oil and demand. Even taking into account authority to police traders in the and gasoline markets. The report con- the recession now plaguing our country United States who trade U.S. futures cluded that, in 2006, a growing number and the world economy, many market contracts on a foreign exchange and by of trades of contracts for future deliv- analysts believe that it was a stampede requiring foreign exchanges that want ery of oil occurred without regulatory of speculators into the crude oil fu- to install trading terminals in the oversight and that market speculation tures market that first drove prices far United States to impose comparable had contributed to rising oil and gaso- higher than justified by global supply limits on speculative trading as the line prices, perhaps accounting for $20 and demand, and now an exodus of CFTC imposes on domestic exchanges out of a then-priced $70 barrel of oil. those same speculators has driven to prevent excessive speculation and Oil industry executives and experts prices much lower than justified by price manipulation. arrived at similar conclusions. As oil supply and demand. Third, it would close the ‘‘swaps prices neared $100 in late 2007, the Like crude oil, the natural gas, gaso- loophole’’ by requiring traders in the President and CEO of Marathon Oil line, and heating oil markets have also over-the-counter energy markets to re- said, ‘‘$100 oil isn’t justified by the seen large price changes. The prices are port large trades to the CFTC, and it physical demand in the market. It has way up, they’re way down, they’re un- would authorize the CFTC to set limits to be speculation on the futures mar- predictable—making it impossible for on trading in the presently unregulated ket that is fueling this.’’ At about the many businesses and consumers to plan over-the-counter markets to prevent same time, Mr. Fadel Gheit, oil analyst for and afford energy costs and related excessive speculation and price manip- for Oppenheimer and Company de- goods and services. ulation. scribed the oil market as ‘‘a farce.’’ Unpredictable energy prices continue Finally, it would require the CFTC to ‘‘The speculators have seized control to take a tremendous toll on millions revise the standards that allow traders and it’s basically a free-for-all, a global of American consumers and businesses. who use futures markets to hedge their gambling hall, and it won’t shut down Unless we act to protect our energy holdings to exceed the speculation lim- unless and until responsible govern- markets from excessive speculation its that apply to everyone else. ments step in.’’ In January of 2008, and price manipulation, the American My Permanent Subcommittee on In- when oil first hit $100 per barrel, Mr. economy will continue to be vulnerable vestigations has shown that one key Tim Evans, oil analyst for Citigroup, to wild price swings affecting the factor in price spikes of energy is in- wrote: ‘‘[T]he larger supply and de- prices of transportation, food, manu- creased speculation in the energy mar- mand fundamentals do not support a facturing and everything in between, kets. Traders are now trading millions further rise and are, in fact, more con- endangering the economic security of of contracts for future delivery of oil, sistent with lower price levels.’’ At a our people, our businesses, and our na- creating a demand for paper contracts joint hearing on the effects of speculation. that gets translated into increases in tion my Subcommittee held in late Congress should act now to help tame prices and increasing price volatility. 2007, Dr. Edward Krapels, a financial rampant speculation and reinvigorate Much of this increase in trading of market analyst, testified: ‘‘Of course supply and demand as market forces. futures has been due to speculators financial trading, speculation affects That is why I am re-introducing leg- who are not in the oil business but who the price of oil because it affects the islation today that is nearly identical are buying and selling oil futures con- price of everything we trade. . . . It to the legislation I and others intro- tracts in the hope of making a profit would be amazing if oil somehow es- duced near the end of the last Congress from changing prices. According to the caped this effect.’’ Dr. Krapels added that provides strong and workable CFTC’s data, the number of futures and that as a result of this speculation measures to prevent excessive specula- options contracts held by speculators ‘‘there is a bubble in oil prices.’’

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.067 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2337 Last summer, the Presidents and party-to-party negotiations. In order order to be allowed to keep its trading CEOs of major U.S. airlines described to ensure there is a cop on the beat in terminals in the United States. This is the disastrous effects of rampant spec- all of the energy commodity markets, the very action our legislation called ulation on the airline industry. The we need to address the rest of the OTC for. However, the current CFTC posi- CEOs stated: ‘‘normal market forces market as well. tion limits apply only to the nearest are being dangerously amplified by A large portion of this OTC market futures contract. Our legislation will poorly regulated market speculation.’’ consists of the trading of swaps relat- ensure that foreign exchanges with The CEOs wrote: ‘‘For airlines, ultra- ing to the price of a commodity. Gen- trading terminals in the U.S. will apply expensive fuel means thousands of lost erally, commodity swaps are contracts position limits to other futures con- jobs and severe reductions in air serv- between two parties where one party tracts once the CFTC establishes those ice to both large and small commu- pays a fixed price to another party in limits for U.S. exchanges. nities.’’ return for some type of payment at a Although the CFTC has taken these To rein in this rampant speculation, future time depending on the price of a important steps that will go a long way the first step to take is to put a cop commodity. Because some of these towards closing the London loophole, back on the beat in all our energy mar- swap instruments look very much like Congress should still pass this legisla- kets to prevent excessive speculation, futures contracts—except that they do tion to make sure the London loophole price manipulation, and trading not call for the actual delivery of the stays closed. The legislation would put abuses. commodity—there is concern that the the conditions the CFTC has imposed With respect to the commodity fu- price of these swaps that are traded in upon the London exchange into stat- tures markets, the legislation we are the unregulated OTC market could af- ute, and ensure that the CFTC has introducing today requires the CFTC fect the price of the very similar fu- clear authority to take action against to establish limits on the amount of futures contracts traded on the regulated any U.S. trader who is manipulating tures contracts any trader can hold. futures markets. We don’t yet know for the price of a commodity or exces- Currently, the CFTC allows the futures sure that this is the case, or that it is sively speculating through the London exchanges themselves to set these lim- not, because we don’t have any access exchange, including requiring that its. This bill would require the CFTC to to comprehensive data or reporting on trader to reduce positions. set those limits to prevent excessive the trading of these swaps in the OTC The legislation also provides author- speculation and price manipulation. It market. ization for the CFTC to hire an addi- would preserve, however, the ex- The legislation introduced today in- tional 100 employees to oversee the changes’ obligation and ability to po- cludes provisions to give the CFTC commodity markets it regulates. The lice their traders to ensure they re- oversight authority to stop excessive CFTC has been understaffed and under- main below these limits. speculation in the over-the-counter funded for years. This authorization is This legislation would also require market. These provisions represent a a necessary first step to reinvigorate the CFTC to conduct a rulemaking to practical, workable approach that will the agency’s oversight and enforce- review and revise the criteria for al- enable the CFTC to obtain key infor- ment capabilities. lowing traders who are using the fu- mation about the OTC market to en- In summary, the legislation I am in- tures market to hedge their risks in a able it to prevent excessive speculation troducing today will give the CFTC commodity to acquire holdings in ex- and price manipulation. ability to police all of our energy com- cess of the limits on holdings for specu- Under these provisions, the CFTC modity markets to prevent excessive lators. will have the authority to ensure that speculation and price manipulation. Another step is to give the CFTC au- traders cannot avoid the CFTC report- This legislation is necessary to close thority to prevent excessive specula- ing requirements by trading swaps in the loopholes in current law that per- tion in the over-the-counter markets. the unregulated OTC market instead of mit speculators in commodity markets In 2007, my Subcommittee issued a re- regulated exchanges. It will enable the to avoid trading limits designed to pre- port on the effects of speculation in the CFTC to act, such as by requiring re- vent the type of excessive speculation energy markets entitled, Excessive ductions in holdings of futures con- that has been contributing to high en- Speculation in the Natural Gas Mar- tracts or swaps, against traders with ergy and other commodity prices. I ket. This investigation showed that large positions in order to prevent ex- hope my colleagues will support this speculation by a single hedge fund cessive speculation or price manipula- legislation. named Amaranth distorted natural gas tion regardless of whether the trader’s Mr. President, I ask unanimous con- prices during the summer of 2006 and position is on an exchange or in the sent that the text of the bill and sup- drove up prices for average consumers. OTC market. port material be printed in the RECORD. The report demonstrated how Ama- This bill also gives the CFTC the au- There being no objection, the mate- ranth had shifted its speculative activ- thority to establish position limits in rial was ordered to be printed in the ity to unregulated markets, under the the over-the-counter market for energy RECORD, as follows: ‘‘Enron loophole,’’ to avoid the restric- and agricultural commodities in order S. 447 tions and oversight in the regulated to prevent excessive speculation and Be it enacted by the Senate and House of Rep- markets, and how Amaranth’s trading price manipulation. The CFTC needs resentatives of the United States of America in in the unregulated markets contrib- this authority to ensure that large Congress assembled, uted to price increases. traders are not using the over-the- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Following this investigation, I intro- counter markets to evade the position (a) SHORT TITLE.—This Act may be cited as duced a bill, S. 2058, to close the Enron the ‘‘Prevent Excessive Speculation Act’’. limits in the futures markets. (b) TABLE OF CONTENTS.—The table of con- loophole and regulate the un-regulated The ‘‘London loophole’’ allowed tents of this Act is as follows: electronic energy markets. Working crude oil traders in the U.S. to avoid Sec. 1. Short title; table of contents. with Senators FEINSTEIN and SNOWE, the position limits that apply to trad- Sec. 2. Definition of energy and agricultural and with the members of the Agri- ing on U.S. futures exchanges by di- commodity. culture Committee in a bipartisan ef- recting their trades onto the ICE Fu- Sec. 3. Speculative limits and transparency fort, we included an amendment to tures Exchange in London. of off-shore trading. In the last Congress, after I and oth- Sec. 4. Authority of Commodity Futures close the Enron loophole in the farm Trading Commission with re- bill, which Congress passed last year. ers introduced legislation to close the spect to certain traders. The legislation to close the Enron London loophole that is similar to the Sec. 5. Working group of international regu- loophole placed over-the-counter, OTC, legislation we are now introducing, the lators. electronic exchanges under CFTC regu- CFTC imposed more stringent require- Sec. 6. Position limits for energy and agri- lation. However, this legislation did ments upon the ICE Futures Ex- cultural commodities. Sec. 7. Over-the-counter transactions. not address the separate issue of trad- change’s operations in the United Sec. 8. Index traders and swap dealers. ing in the rest of the OTC market, States—for the first time requiring the Sec. 9. Disaggregation of index funds and which includes bilateral trades through London exchange to impose and en- other data in energy and agri- voice brokers, swap dealers, and direct force comparable position limits in cultural markets.

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Sec. 10. Additional Commodity Futures transaction that is comparable to the daily (2) COMMISSION AUTHORITY OVER TRADERS.— Trading Commission employees trading information published by the reg- Section 4 of the Commodity Exchange Act (7 for improved enforcement. istered entity for the one or more contracts U.S.C. 6) is amended by adding at the end the SEC. 2. DEFINITIONS OF ENERGY AND AGRICUL- against which the agreement, contract or following: TURAL COMMODITY. transaction traded on the foreign board of ‘‘(e) The Commission shall have authority (a) DEFINITION OF ENERGY COMMODITY.— trade settles; and under this Act to require or direct a person Section 1a of the Commodity Exchange Act ‘‘(ii) promptly notifies the Commission of located in the United States, or otherwise (7 U.S.C. 1a) is amended— any change regarding— subject to the jurisdiction of the Commis- (1) by redesignating paragraphs (13) ‘‘(I) the information that the foreign board sion, to limit, reduce, or liquidate any posi- through (34) as paragraphs (14) through (35), of trade will make publicly available; tion on a foreign board of trade to prevent or respectively; and ‘‘(II) the position limits and position ac- reduce the threat of price manipulation, ex- (2) by inserting after paragraph (12) the fol- countability provisions that the foreign cessive speculation, price distortion, or dis- lowing: board of trade will adopt and enforce; ruption of delivery or the cash settlement ‘‘(13) ENERGY COMMODITY.—The term ‘en- ‘‘(III) the position reductions required to process with respect to any contract listed ergy commodity’ means— prevent manipulation; and for trading on a registered entity. ‘‘(A) crude oil; ‘‘(IV) any other area of interest expressed ‘‘(f) CONSULTATION.—Before taking any ac- ‘‘(B) natural gas; by the Commission to the foreign board of tion under subsection (e), the Commission ‘‘(C) coal; trade; and shall consult with the appropriate— ‘‘(D) gasoline, heating oil, diesel fuel, and ‘‘(B) the foreign board of trade (or the for- ‘‘(1) foreign board of trade; and any other source of energy derived from coal, eign futures authority that oversees the for- ‘‘(2) foreign futures authority.’’. crude oil, or natural gas; eign board of trade)— (3) VIOLATIONS.—Section 9(a) of the Com- ‘‘(E) electricity; ‘‘(i) adopts position limits or position ac- modity Exchange Act (7 U.S.C. 13(a)) is ‘‘(F) ethanol and any other fuel derived countability provisions for the agreement, amended by inserting ‘‘(including any person from a renewable biomass; contract, or transaction that are comparable trading on a foreign board of trade)’’ after ‘‘(G) any commodity that results from the to the position limits or position account- ‘‘Any person’’ each place it appears. management of air emissions, including but ability provisions adopted by the registered (4) EFFECT.—No amendment made by this not limited to greenhouse gases, sulfur diox- entity for the one or more contracts against subsection limits any of the otherwise appli- ide, and nitrogen oxides; and which the agreement, contract or trans- cable authorities of the Commodity Futures ‘‘(H) any other substance that is used as a action traded on foreign board of trade set- Trading Commission. source of energy, as the Commission, in its tles; SEC. 5. WORKING GROUP OF INTERNATIONAL discretion, deems appropriate.’’. ‘‘(ii) has the authority to require or direct REGULATORS. (b) DEFINITION OF AGRICULTURAL COM- market participants to limit, reduce, or liq- Section 4a of the Commodity Exchange Act MODITY.—Section 1a of the Commodity Ex- uidate any position the foreign board of (7 U.S.C. 6a) (as amended by section change Act (7 U.S.C. 1a) is amended— trade (or the foreign futures authority that 4(a)(2)(B)) is amended by adding at the end (1) by redesignating paragraphs (1) through oversees the foreign board of trade) deter- the following: (35) as paragraphs (2) through (36), respec- mines to be necessary to prevent or reduce ‘‘(g) WORKING GROUP OF INTERNATIONAL tively; and the threat of price manipulation, excessive REGULATORS.—Not later than 90 days after (2) by inserting a new paragraph (1) as fol- speculation, price distortion, or disruption of the date of enactment of this subsection, the lows: delivery or the cash settlement process; and Commission shall invite regulators of for- ‘‘(1) AGRICULTURAL COMMODITY.—The term ‘‘(iii) provides information to the Commis- eign boards of trade to participate in a work- ‘agricultural commodity’ means any com- sion that is comparable to the information ing group of international regulators to de- modity specifically described in paragraph that the Commission determines to be nec- velop uniform international reporting and (5).’’. essary to publish the commitments of trad- (c) CONFORMING AMENDMENTS.— regulatory standards to ensure the protec- ers report of the Commission for the one or (1) Section 2(c)(2)(B)(i)(II)(cc) of the Com- tion of the energy and agricultural futures more contracts against which the agree- modity Exchange Act (7 U.S.C. markets from excessive speculation, manipu- ment, contract or transaction traded on the 2(c)(2)(B)(i)(II)(cc)) is amended— lation, and other trading practices that may foreign board of trade settles. (A) in subitem (AA), by striking ‘‘section pose systemic risks to energy and agricul- ‘‘(2) EXISTING FOREIGN BOARDS OF TRADE.— 1a(20)’’ and inserting ‘‘section 1a(21)’’; and tural futures markets, countries, and con- Paragraph (1) shall not be effective with re- (B) in subitem (BB), by striking ‘‘section sumers.’’. spect to any agreement, contract, or trans- 1a(20)’’ and inserting ‘‘section 1a(21)’’. SEC. 6. POSITION LIMITS FOR ENERGY AND AGRI- action in an energy commodity executed on (2) Section 13106(b)(1) of the Food, Con- CULTURAL COMMODITIES. a foreign board of trade to which the Com- servation, and Energy Act of 2008 is amended Section 4a of the Commodity Exchange Act mission had granted direct access permission by striking ‘‘section 1a(32)’’ and inserting (7 U.S.C. 6a) is amended— prior to the date of enactment of this sub- ‘‘section 1a’’. (1) in subsection (a)— section until the date that is 180 days after (3) Section 402 of the Legal Certainty for (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and the date of enactment of this subsection. Bank Products Act of 2000 (7 U.S.C. 27) is (B) by adding after and below the end the ‘‘(3) EXISTING CONTRACTS.—No contract of amended— following: sale of a commodity for future delivery trad- (A) in subsection (a)(7), by striking ‘‘sec- ‘‘(2) In accordance with the standards set ed or executed on or through the facilities of tion 1a(20)’’ and inserting ‘‘section 1a’’; and forth in paragraph (1) of this subsection and a board of trade, exchange or market located (B) in subsection (d)— consistent with the good faith exception outside the United States for purposes of (i) in paragraph (1)(B), by striking ‘‘section cited in subsection (b)(2), with respect to en- subsection (a) shall be void, voidable or un- 1a(33)’’ and inserting ‘‘section 1a’’; and ergy and agricultural commodities, the Com- enforceable and no party to such contract (ii) in paragraph (2)(D), by striking ‘‘sec- mission, within 90 days after the date of the shall be entitled to rescind or recover any tion 1a(13)’’ and inserting ‘‘section 1a’’. enactment of this paragraph, shall issue a payments made with respect to such con- proposed rule, and within 180 days after SEC. 3. SPECULATIVE LIMITS AND TRANS- tract based upon the failure of the foreign PARENCY OF OFF-SHORE TRADING. issuance of such proposed rule shall adopt a Section 4 of the Commodity Exchange Act board of trade to comply with any provision final rule, after notice and an opportunity (7 U.S.C. 6) is amended by adding at the end of this Act.’’. for public comment, to establish limits on the following: SEC. 4. AUTHORITY OF COMMODITY FUTURES the amount of positions that may be held by ‘‘(e) FOREIGN BOARDS OF TRADE.— TRADING COMMISSION WITH RE- any person with respect to contracts of sale ‘‘(1) IN GENERAL.—The Commission may SPECT TO CERTAIN TRADERS. for future delivery or with respect to options not permit a foreign board of trade to pro- (a) IN GENERAL.— on such contracts or commodities traded on vide to the members of the foreign board of (1) RESTRICTION OF FUTURES TRADING TO or subject to the rules of a contract market trade or other participants located in the CONTRACT MARKETS OR DERIVATIVES TRANS- or derivatives transaction execution facility, United States, or otherwise subject to the ju- ACTION EXECUTION FACILITIES.—Section 4(b) of or on an electronic trading facility with re- risdiction of the Commission, direct access the Commodity Exchange Act (7 U.S.C. 6(b)) spect to a significant price discovery con- to the electronic trading and order matching is amended by inserting after the first sen- tract. system of the foreign board of trade with re- tence the following: ‘‘The Commission may ‘‘(3) In establishing the limits required in spect to an agreement, contract, or trans- adopt rules and regulations requiring the paragraph (2), the Commission shall set lim- action in an energy commodity that settles maintenance of books and records by any its— against any price (including the daily or person that is located within the United ‘‘(A) on the number of positions that may final settlement price) of one or more con- States (including the territories and posses- be held by any person for the spot month, tracts listed for trading on a registered enti- sions of the United States) or that enters each other month, and the aggregate number ty, unless— trades directly into the trade matching sys- of positions that may be held by any person ‘‘(A) the foreign board of trade— tem of a foreign board of trade from the for all months; ‘‘(i) makes public daily trading informa- United States (including the territories and ‘‘(B) to the maximum extent practicable, tion regarding the agreement, contract, or possessions of the United States).’’ in its discretion—

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.053 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2339 ‘‘(i) to diminish, eliminate, or prevent ex- shall be subject to judicial review carried specified by the Commission, that one of the cessive speculation; out in accordance with section 8a(9). persons to the transaction or transactions ‘‘(ii) to deter and prevent market manipu- ‘‘(3) REPORTING; RECORDKEEPING.— has assumed, on behalf of the other person to lation, squeezes, and corners; ‘‘(A) IN GENERAL.—The Commission shall the transaction, the legal obligations for ‘‘(iii) to ensure sufficient market liquidity; require each covered person to submit to the such other person to submit reports under and Commission a report— this section, including liabilities for failure ‘‘(iv) to ensure that the price discovery ‘‘(i) at such time and in such manner as the to file such reports in accordance with the function of the underlying cash market is Commission determines to be appropriate; Commission’s regulations. Any notification not distorted or disrupted. and provided under this paragraph shall be effec- ‘‘(4) In addition to the position limits for ‘‘(ii) containing the information required tive in imposing such legal obligations and energy and agricultural commodities that under subparagraph (B) to assist the Com- liabilities upon such person. the Commission establishes under paragraph mission in detecting and preventing poten- ‘‘(E) RECORDKEEPING.—The Commission, by (2), the Commission may require or permit a tial price manipulation of, or excessive spec- rule, shall require each covered person— contract market, derivatives transaction ulation in, any contract listed for trading on ‘‘(i) in accordance with section 4i, to main- execution facility, or electronic trading fa- a registered entity. tain such records as directed by the Commis- cility with respect to a significant price dis- ‘‘(B) CONTENTS OF REPORT.—A report re- sion for a period of 5 years, or longer, if di- covery contract, to establish and enforce po- quired under subparagraph (A) shall con- rected by the Commission; and sition accountability, as the Commission detain— ‘‘(ii) to provide such records upon request termines may be necessary and appropriate ‘‘(i) information describing large trading to the Commission or the Department of to accomplish the objectives set forth in positions of the covered person obtained Justice. paragraph (3)(B), provided that the number through one or more over-the-counter trans- ‘‘(4) POSITION LIMITS FOR OVER-THE-COUNTER of positions that may be authorized under actions that involve— TRANSACTIONS.—Upon review of the informa- position accountability may not exceed the ‘‘(I) substantial quantities of a commodity tion reported to the Commission under para- position limits established under paragraph in the cash market; or graph (3), or following a major market dis- (2). ‘‘(II) substantial positions, investments, or turbance as determined by the Commission ‘‘(5) Nothing in this section shall require trades in agreements or contracts relating to under paragraph (2), the Commission may es- the Commission to revise any position limit the commodity; and tablish, after due notice and opportunity for for an agricultural commodity that is in ef- ‘‘(ii) any other information relating to hearing, by rule, regulation, or order, such fect on the date of enactment of this Act.’’. over-the-counter transactions required to be limits on the amount of trading in over-the- reported under subparagraph (C) carried out SEC. 7. OVER-THE-COUNTER TRANSACTIONS. counter transactions as the Commission de- by the covered person that the Commission termines are necessary and appropriate to Section 2 of the Commodity Exchange Act determines to be necessary to accomplish (7 U.S.C. 2) is amended by adding at the end accomplish one or more of the following ob- the purposes described in subparagraph (A). jectives with respect to any contract listed the following: ‘‘(C) OVER-THE-COUNTER TRANSACTIONS TO ‘‘(j) OVER-THE-COUNTER TRANSACTIONS.— for trading on a registered entity— BE REPORTED.— ‘‘(A) diminish, eliminate, or prevent exces- ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(i) IN GENERAL.—The Commission shall sive speculation; ‘‘(A) COVERED PERSON.—The term ‘covered identify each large over-the-counter trans- ‘‘(B) deter and prevent market manipula- person’ means a person that enters into an action or class of large over-the-counter tion, squeezes, and corners; over-the-counter transaction that is required transactions the reporting of which the Com- ‘‘(C) ensure sufficient market liquidity; to be reported under paragraph (3)(C). mission determines to be appropriate to as- and ‘‘(B) OVER-THE-COUNTER TRANSACTION.—The sist the Commission in detecting and pre- ‘‘(D) ensure that the price discovery func- term ‘over-the-counter transaction’ means a venting potential price manipulation of, or tion of the underlying cash market is not contract, agreement, or transaction in an en- excessive speculation in, any contract listed distorted or disrupted. ergy or agricultural commodity that is— for trading on a registered entity. ‘‘(5) PROTECTION OF PROPRIETARY INFORMA- ‘‘(i) entered into only between persons that ‘‘(ii) MANDATORY FACTORS FOR DETERMINA- TION.—In carrying out this subsection, the are eligible contract participants at the time TIONS.— Commission may not— the persons enter into the agreement, con- ‘‘(I) IN GENERAL.—In carrying out a deter- tract, or transaction; mination under clause (i), the Commission ‘‘(A) require the publication of any propri- ‘‘(ii) not entered into on a trading facility; shall consider the extent to which each fac- etary information; and tor described in subclause (II) applies. ‘‘(B) prohibit the commercial sale or licensing of any proprietary information; and ‘‘(iii) not a sale of any cash commodity for ‘‘(II) FACTORS.—The factors required for delivery. carrying out a determination under clause (i) ‘‘(C) except as provided in section 8, pub- ‘‘(2) AUTHORITY IN MAJOR MARKET DISTURB- include whether— licly disclose any information relating to ANCES.— ‘‘(aa) a standardized agreement is used to any market position, business transaction, ‘‘(A) IN GENERAL.—In the case of a major execute the over-the-counter transaction; trade secret, or name of any customer of a market disturbance, as determined by the ‘‘(bb) the over-the-counter transaction set- covered person. Commission, the Commission may require tles against any price (including the daily or ‘‘(6) APPLICABILITY.—Notwithstanding sub- any trader subject to the reporting require- final settlement price) of one or more con- sections (g) and (h), and any exemption ments described in paragraph (3) to take tracts listed for trading on a registered enti- issued by the Commission for any energy or such action as the Commission considers to ty; agricultural commodity, each over-the- be necessary to maintain or restore orderly ‘‘(cc) the price of the over-the-counter counter transaction shall be subject to this trading in any contract listed for trading on transaction is reported to a third party, pub- subsection. a registered entity, including— lished, or otherwise disseminated; ‘‘(7) SAVINGS CLAUSE.—Nothing in this sub- ‘‘(i) the liquidation of any futures con- ‘‘(dd) the price of the over-the-counter section modifies or alters— tract; and transaction is referenced in any other trans- ‘‘(A) the guidance of the Commission; or ‘‘(ii) the fixing of any limit that may apply action; ‘‘(B) any applicable requirements with re- to a market position involving any over-the- ‘‘(ee) there is a significant volume of the spect the disclosure of proprietary informa- counter transaction acquired in good faith over-the-counter transaction or class of tion. before the date of the determination of the over-the-counter transactions; and ‘‘(8) BONA FIDE HEDGING TRANSACTION RE- Commission. ‘‘(ff) there is any other factor that the VIEW.— ‘‘(B) MAJOR MARKET DISTURBANCE.—The Commission determines to be appropriate. ‘‘(A) IN GENERAL.—The Commission shall term ‘major market disturbance’ means any ‘‘(iii) PERIODIC REVIEW.—The Commission review and revise the definition of bona fide disturbance in a commodity market that dis- shall periodically conduct a review, but not hedging transaction in subsection (c) of Sec- rupts the liquidity and price discovery func- less than once every 2 years, to determine tion 4a of the Commodity Exchange Act (7 tion of that market from accurately reflect- whether to initiate a rulemaking to include U.S.C 2(h)(2)(A)) as the Commission deter- ing the forces of supply and demand for a any additional transactions or classes of mines is necessary and appropriate to ensure commodity, including— transactions or to exclude any transactions that the commodity markets effectively per- ‘‘(i) a threatened or actual market manipu- or classes of transactions from the reporting form their risk management and price dis- lation or corner; requirements of this paragraph. covery functions.’’. ‘‘(ii) excessive speculation; and ‘‘(D) ALTERNATE REPORTING.—The Commis- SEC. 8. INDEX TRADERS AND SWAP DEALERS. ‘‘(iii) any action of the United States or a sion may permit any report required to be foreign government that affects a com- reported under paragraph (A) by— Section 4 of the Commodity Exchange Act modity. ‘‘(i) a member of a derivatives clearing or- (7 U.S.C. 6) (as amended by section 3) is ‘‘(C) The term ‘market disturbance’ shall ganization; or amended by adding at the end the following: be interpreted in a manner consistent with ‘‘(ii) only one of the persons entering into ‘‘(f) INDEX TRADERS AND SWAP DEALERS.— section 8a(9). the transaction, provided that each person Not later than 60 days after the date of en- ‘‘(D) JUDICIAL REVIEW.—Any action taken entering into the transaction or transactions actment of this subsection, the Commission by the Commission under subparagraph (A) has notified the Commission, in the manner shall—

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.053 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2340 CONGRESSIONAL RECORD — SENATE February 13, 2009 ‘‘(1) routinely require detailed reporting CFTC to impose speculation limits on OTC Leggett. Collectively, these journalists from index traders and swap dealers in mar- transactions to protect the integrity of have spent over 19 months imprisoned. kets under the jurisdiction of the Commis- prices in the futures markets and cash mar- Journalists who are not jailed for fail- sion; kets. ing to comply with subpoenas still suf- ‘‘(2) reclassify the types of traders for regu- Require large OTC trades that affect fu- latory and reporting purposes to distinguish tures prices to be reported to CFTC. Allow fer the prospect of being held in con- between index traders and swaps dealers; and one party to a transaction to authorize the tempt. Several have suffered this fate: ‘‘(3) review the trading practices for index other party to file the report. Require CFTC Toni Locy, James Stewart, Walter traders in markets under the jurisdiction of periodic review of reporting requirements to Pincus, Jim Taricani. the Commission— ensure key trades are covered. In addition to the subpoenas from ‘‘(A) to ensure that index trading is not ad- Direct CFTC to revise bona fide hedge ex- special prosecutors mentioned above, versely impacting the price discovery proc- emption to ensure regulation of all specu- more than a dozen reporters have re- ess; and lators, and strengthen data analysis and ceived subpoenas in civil suits, such as ‘‘(B) to determine whether different prac- transparency of swap dealer and index trad- the Wen Ho Lee and Hatfill privacy ing. tices or regulations should be imple- lawsuits against the government. A mented.’’. Clarify definition of OTC transactions to preliminary report on the 2007 Media SEC. 9. DISAGGREGATION OF INDEX FUNDS AND exclude spot market transactions. OTHER DATA IN ENERGY AND AGRI- Protect Both Energy and Agriculture Com- Subpoena Survey conducted by Pro- CULTURAL MARKETS. modities. Cover trades in crude oil, natural fessor RonNell Andersen Jones at the Section 4 of the Commodity Exchange Act gas, gasoline, heating oil, coal, propane, Law College Foundation at the Univer- (7 U.S.C. 6) (as amended by section 8) is electricity, other petroleum products and sity of Arizona states: 761 responding amended by adding at the end the following: sources of energy from fossil fuels, as well as news organizations reported receiving ‘‘(g) DISAGGREGATION OF INDEX FUNDS AND ethanol, biofuels, emission allowances for a total of 3,602 subpoenas seeking infor- OTHER DATA IN ENERGY AND AGRICULTURAL greenhouse gases, SO2, NOx, and other air MARKETS.—The Commission shall emissions. mation or material relating to disaggregate and make public monthly— Cover trades in agricultural commodities newsgathering activities in calendar ‘‘(1) the number of positions and total listed in the Commodity Exchange Act. year 2006. Of these, 335 were subpoenas value of index funds and other passive, long- Strengthen CFTC Oversight. Authorize arising out of proceedings that took only positions in energy and agricultural CFTC to hire 100 new personnel to oversee place in a federal forum. Sixty-four markets; and markets. Direct CFTC to issue proposed rules within percent of responding newsroom lead- ‘‘(2) data on speculative positions relative ers believe the frequency of media sub- to bona fide physical hedgers in those mar- 90 days and final rules within 180 days. kets.’’. poenas to be greater than it was five SEC. 10. ADDITIONAL COMMODITY FUTURES By Mr. SPECTER (for himself, years ago. Fifty percent of the media TRADING COMMISSION EMPLOYEES Mr. SCHUMER, Mr. LUGAR, and companies believe the risk of their own FOR IMPROVED ENFORCEMENT. Mr. GRAHAM): organization receiving a subpoena is Section 2(a)(7) of the Commodity Exchange S. 448. A bill to maintain the free greater than it was five years ago, Act (7 U.S.C. 2(a)(7)) is amended by adding at flow of information to the public by while only 5 percent believe the risk to the end the following: providing conditions for the federally be less. ‘‘(D) ADDITIONAL EMPLOYEES.—As soon as This bipartisan legislation would es- practicable after the date of enactment of compelled disclosure of information by this subparagraph, the Commission shall ap- certain persons connected with the tablish a qualified reporters’ privilege point at least 100 full-time employees (in ad- news media; to the Committee on the protecting them from being compelled dition to the employees employed by the Judiciary. to identify confidential source infor- Commission as of the date of enactment of Mr. SPECTER. Mr. President, I mation. The bill seeks to reconcile re- this subparagraph)— sought recognition to introduce the porters’ need to maintain confiden- ‘‘(i) to increase the public transparency of Free Flow of Information Act of 2009. I tiality, in order to ensure that sources operations in energy futures markets; am honored to be joined in my efforts will speak openly and freely with the ‘‘(ii) to improve the enforcement of this by Senators SCHUMER, LUGAR and media, with the public’s right to effec- Act in those markets; and ‘‘(iii) to carry out such other duties as are GRAHAM, who are original cosponsors. tive law enforcement and fair trials. prescribed by the Commission.’’. Some 242 years ago, on January 16, The situation in the United States 1767, Thomas Jefferson remarked in a today is that journalists are subject to LEVIN PREVENT EXCESSIVE SPECULATION ACT letter to Col. Edward Carrington, a compulsory process to disclose con- BILL SUMMARY ‘‘Were it left to me to decide whether fidential informants—at least in Fed- The Prevent Excessive Speculation Act we should have a government without eral courts. At the State level, there would: newspapers, or newspapers without a are many laws providing qualified Authorize Speculation Limits for all En- government, I should not hesitate a privileges for journalists. Prior ergy and Agricultural Commodities. Direct moment to prefer the latter.’’ We take CFTC to impose position limits on energy versions of this bill garnered the sup- and agricultural futures contracts to prevent our free press for granted because it is port of numerous bipartisan cospon- excessive speculation and manipulation and so ingrained in our history. But we sors, as well as 39 media organizations, to ensure sufficient market liquidity. need only look at free press movements including the Washington Post, The Authorize CFTC to permit exchanges to in fledgling democracies to appreciate Hearst Corporation, Time Warner, ABC impose and enforce accountability levels how sometimes fragile and easily Inc., CBS, CNN, The New York Times that are lower than CFTC-established specu- chilled freedom of press truly is. Company, and National Public Radio. lation limits. The Free Flow of Information Act In 2005 I cosponsored two prior bills Close London Loophole by Regulating Off- shore Traders and Increasing Transparency protects the public interest by ensur- and was principle author of yet an- of Offshore Trades. Prohibit a foreign ex- ing an informed citizenry. In the past other. In the 110th Congress, I intro- change from operating in the United States three years the Department of Justice duced S. 1035 the Free Flow of Informa- unless it imposes comparable speculation has provided inconsistent numbers of tion Act of 2007, along with Senator limits and reporting requirements as apply subpoenaed journalists to the Judici- SCHUMER, and Senators LUGAR, to U.S. exchanges. ary Committee. We know from the pub- GRAHAM, and DODD other senators to Provide CFTC with same enforcement au- lic record, however, that at least 19 join as cosponsors were Senators thority over U.S. traders on foreign exchanges as it has over traders on U.S. ex- journalists have been subpoenaed by LEAHY, JOHNSON, BOXER, KLOBUCHAR, changes, including authority to require trad- federal and special prosecutors for con- Salazar, Obama, Clinton, Dole, MUR- ers to reduce their holdings to prevent exces- fidential source information since 2001 RAY, LANDRIEU, WEBB, TESTER, sive speculation or manipulation. claim. Among them are Judith Miller, LIEBERMAN, DURBIN, BAUCUS, and LAU- Require CFTC to invite non-U.S. regu- Matt Cooper, Tim Russert, Lance Wil- TENBERG. On October 4, 2007, the Com- lators to form an international working liams, Mark Fainaru-Wada, and Philip mittee on the Judiciary favorably re- group to develop uniform regulatory and re- Shenon. We also know 4 journalists ported S.2035 out of committee by a 15– porting requirements to protect futures markets from excessive speculation and manipu- have been imprisoned at the request ei- 4 vote, which marked the first time a lation. ther of the DoJ, U.S. Attorneys, or spe- reporters’ privilege bill had ever passed Close the Swaps Loophole and Regulate cial prosecutors since 2000. Josh Wolf, out of the Senate Judiciary Com- Over-the-Counter Transactions. Authorize Judith Miller, Jim Taricani, Vanessa mittee.

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.053 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2341 On March 6, 2008, I, along with Sen- ed rules that went in several different Today, we move toward resolving ator LEAHY, sent a letter to Majority directions. Rather than a clear, uni- this problem by introducing the Free Leader REID and Minority Leader form standard for deciding claims of Flow of Information Act of 2009. The MCCONNELL asking that S. 2035 receive journalist privilege, the Federal courts purpose of this bill is to guarantee the floor time for full Senate consider- currently observe a ‘‘crazy quilt’’ of flow of information to the public ation. They answered our call. On July different judicial standards. through a free and active press, while 30, 2008, the Senate entertained a clo- The confusion began 36 years ago, protecting the public’s right to effec- ture vote on the motion to proceed to when the Supreme Court decided tive law enforcement and individuals’ the measure that failed by a vote of 51– Branzburg v. Hayes. The Court held rights to the fair administration of jus- 43. Nonetheless, the bill continues to that the press’ First Amendment right tice. enjoy broad bipartisan support—includ- to publish information does not include The bill provides a qualified privilege ing the pledged support of former Sen- a right to keep information secret from for reporters to withhold from Federal ator, now—President Barack Obama. I a grand jury investigating a criminal courts, prosecutors, and other Federal urge all of my colleagues to join me in matter. The Supreme Court also held entities, confidential source informa- passing the Free Flow of Information that the common law did not exempt tion and documents and materials ob- Act of 2009, its high time we stop reporters from the duty of every cit- tained or created under a promise of jailing or holding in contempt report- izen to provide information to a grand confidentiality. However, the bill rec- ers who, in good faith, protect their jury. ognizes that, in certain instances, the The Court reasoned that just as confidential sources even in the face of public’s interest in law enforcement newspapers and journalists are subject a government subpoena. and fair trials outweighs a source’s in- There has been a growing consensus to the same laws and restrictions as terest in remaining anonymous that we need to establish a Federal other citizens, they are also subject to through the reporter’s assertion of a journalists’ privilege to protect the in- the same duty to provide information privilege. Therefore, it allows courts to tegrity of the news gathering process, a to a court as other citizens. However, require disclosure where certain cri- Justice Powell, who joined the 5–4 ma- process that depends on the free flow of teria are met. jority, wrote a separate concurrence in information between journalists and Under the legislation, in most crimi- which he explained that the Court’s whistleblowers, as well as other con- nal investigations and prosecutions, holding was not an invitation for the fidential sources. the Federal entity seeking the report- Under my chairmanship, the Judici- Government to harass journalists. If a er’s source information must show that ary Committee held three separate journalist could show that the grand there are reasonable grounds to believe hearings on this issue at which we jury investigation was being conducted that a crime has occurred, and that the heard from 20 witnesses, including in bad faith, the journalist could ask reporter’s information is essential to the court to quash the subpoena. Jus- prominent journalists like William the prosecution or defense. In criminal tice Powell indicated that courts might Safire and Judith Miller, current and investigations and prosecutions of assess such claims on a case-by-case former Federal prosecutors, including leaks of classified information, the basis by balancing the freedom of the former Deputy Attorney General Paul Federal entity seeking disclosure must press against the obligation to give tes- McNulty, and First Amendment schol- additionally show that the leak caused timony relevant to criminal conduct. ars. In attempting to apply Justice Pow- significant, clear, and articulable harm These witnesses demonstrated that ell’s concurring opinion, Federal courts to national security. In noncriminal there are two vital, competing con- have split on the question of when a actions, the Federal entity seeking cerns at stake. On one hand, reporters journalist is required to testify. In source information must show that the cite the need to maintain confiden- more than three decades since reporter’s information is essential to tiality in order to ensure that sources Branzburg, the Federal courts are split the resolution of the matter. will speak openly and freely with the in at least three ways in their ap- In all cases and investigations, the news media. The renowned William proaches to Federal criminal and civil Federal entity must demonstrate that Safire, former columnist for the New cases. nondisclosure would be contrary to the York Times, testified that ‘‘the essence With respect to Federal criminal public interest. In other words, the of news gathering is this: if you don’t cases, five circuits apply Branzburg so court must balance the governmental have sources you trust and who trust as to not allow journalists to withhold need for the information against the you, then you don’t have a solid information absent governmental bad public interest in newsgathering and story—and the public suffers for it.’’ faith. Four other circuits recognize a the free flow of information. Reporter Matthew Cooper of Time qualified privilege, which requires Further, the bill ensures that Federal Magazine said this to the Judiciary courts to balance the freedom of the Government entities do not engage in Committee: ‘‘As someone who relies on press against the obligation to provide ‘‘fishing expeditions’’ for a reporter’s confidential sources all the time, I sim- testimony on a case-by-case basis. The information. The information a re- ply could not do my job reporting sto- law in the District of Columbia Circuit porter reveals must, to the extent pos- ries big and small without being able is unsettled. sible, be limited to verifying published to speak with officials under varying With respect to Federal civil cases, 9 information and describing the sur- degrees of anonymity.’’ of the 12 circuits apply a balancing test rounding circumstances. The informa- On the other hand, the public has a when deciding whether journalists tion must also be narrowly tailored to right to effective law enforcement and must disclose confidential sources. One avoid compelling a reporter to reveal fair trials. Our judicial system needs circuit affords journalists no privilege peripheral or speculative information. access to information in order to pros- in any context. Two other circuits have Finally, the Free Flow of Informa- ecute crime and to guarantee fair ad- yet to decide whether journalists have tion Act adds layers of safeguards for ministration of the law for plaintiffs any privilege in civil cases. Meanwhile, the public. Reporters are not allowed and defendants alike. As a Justice De- 49 States plus the District of Columbia to withhold information if a Federal partment representative told the Com- have recognized some form of report- court concludes that the information is mittee, prosecutors need to ‘‘maintain ers’ privilege within their own jurisdic- needed for the defense of our Nation’s the ability, in certain vitally impor- tions. Thirty-one States plus the Dis- security, as long as it outweighs the tant circumstances, to obtain informa- trict of Columbia have passed some public interest in newsgathering and tion identifying a source when a para- form of reporter’s shield statute, and 18 maintains the free flow of information mount interest is at stake. For exam- States have recognized a privilege at to citizens, or to prevent an act of ter- ple, obtaining source information may common law. rorism. Similarly, journalists may not be the only available means of pre- There is little wonder that there is a withhold information reasonably nec- venting a murder, locating a kidnapped growing consensus concerning the need essary to stop a kidnapping or a crime child, or identifying a serial arsonist.’’ for a uniform journalists’ privilege in that could lead to death or physical in- As Federal courts have considered Federal courts. This system must be jury. Also, the bill ensures that both these competing interests, they adopt- simplified. crime victims and criminal defendants

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.068 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2342 CONGRESSIONAL RECORD — SENATE February 13, 2009 will have a fair hearing in court. Under and How to Stop It’’, which was pub- erty may be seized and they may be this bill, a journalist who is an eye- lished solely in the United States by a imprisoned. What is worse, defendants witness to a crime or tort or takes part U.S. publisher, alleged that a Saudi can no longer skirt the consequences in a crime or tort may not withhold Arabian subject and his family finan- merely by avoiding contact with Eng- that information on grounds of the cially supported Al Qaeda in the years land. Under recent European Commis- qualified privilege. Journalists should preceding the attacks of September 11. sion regulations, default judgments for not be permitted to hide from the law He sued Ehrenfeld for libel in England, monetary claims are enforceable in all by writing a story and then claiming a although only 23 books were sold there. EU countries except Denmark. reporter’s privilege. Why? Because under English law, it is The potentially severe ramifications It is time for Congress to clear up the not necessary for a libel plaintiff to of a default judgment make clear that ambiguities journalists and the Federal prove falsity or actual malice as is re- merely barring enforcement of a for- judicial system face in balancing the quired in the United States. eign libel judgment in U.S. courts is protections journalists need in pro- Dr. Ehrenfeld did not appear, and the entirely insufficient particularly for viding confidential information to the English court entered a default judg- publishers with European offices. While public with the ability of the courts to ment for damages, an injunction it is important to bar enforcement, in conduct fair and accurate trials. I urge against publication in the United King- the words of a New York Times edi- my colleagues to support this legisla- dom, a ‘‘declaration of falsity’’, and an torial, that does ‘‘not go as far as it tion and help create a fair and efficient order that she and her publisher print a could.’’ means to serve journalists and the correction and an apology. I often remark that the Senate is the news media, prosecutors and the Dr. Ehrenfeld sought to shield herself world’s greatest deliberative body and courts, and most importantly the pub- with a declaration from both federal all the facts and arguments ought to be lic interest on both ends of the spec- and state courts that her book did not examined before it acts. Accordingly, I trum. create liability under American law, must address a letter in opposition to but jurisdictional barriers prevented this bill from a prominent British libel By Mr. SPECTER (for himself, both the Federal and New York State lawyer and explain why his arguments Mr. LIEBERMAN, and Mr. SCHU- courts from acting. Reacting to this are unpersuasive. MER): problem, the Governor of New York, on He notes that a ‘‘U.S. citizen . . . S. 449. A bill to protect free speech; May 1, 2008, signed into law the ‘‘Libel knocked down by the negligent driv- to the Committee on the Judiciary. Terrorism Protection Act.’’ Congress ing’’ of a London taxi driver is ‘‘just as Mr. SPECTER. Mr. President. I am must now take similar action. I note entitled as any British citizen’’ to sue introducing the Free Speech Protec- that the person who sued Dr. Ehrenfeld in England for damages. Why should a tion Act of 2009 to address a serious has filed dozens of lawsuits in England, U.S. citizen ‘‘not be entitled on the challenge to one of the most basic pro- and there is a real danger that other same basis, like any other UK citizen, tections in our Constitution. American American writers and researchers will to sue for damages to his reputation?’’ journalists and academics must have be afraid to address this crucial subject The answer, of course, is that the anal- the freedom to investigate, write, of terror funding and other important ogy is inapt. In that hypothetical, the speak, and publish about matters of matters. Other countries should be free plaintiff sues the defendant in the de- public importance, limited only by the to have their own libel law, but so too fendant’s jurisdiction for a harm com- legal standards laid out in our First should the United States. Venues that mitted and suffered there, an injury Amendment jurisprudence, including have become magnets for defamation that is universally recognized as a tort. precedents such as New York Times v. plaintiffs from around the world permit By contrast, the plaintiff in a foreign Sullivan. Despite the protection for those who want to intimidate our jour- libel action purposely avoids suing in free speech under our own law, the nalists to succeed in doing so. The the jurisdiction where the defendant rights of the American public, and of stakes are high. The United Nations in journalist writes and publishes, a juris- American journalists who share infor- 2008 noted the importance of free diction where the material is not libel- mation with the public, are being speech and a free press, and the threat ous. The proper analogy would be if the threatened by the forum shopping of that libel tourism poses to the world. injured American had sued the taxi libel suits to foreign courts with less Following the New York example, driver in the United States instead of robust protections for free speech. the legislation my co-sponsors and I in- England because the driver’s conduct These suits are filed in, and enter- troduce today confers jurisdiction on would not constitute negligence under tained by, foreign courts, despite the federal courts to bar enforcement of English law. That hardly seems fair fact that the challenged speech or writ- foreign libel judgments if the material play. Our bill is designed specifically to ing is written in the United States by at issue would not constitute libel prevent such forum shopping. U.S. journalists, and is published or under U.S. law. Significantly, it also That essay also asks whether ‘‘legis- disseminated primarily in the United deters foreign suits in the first place by lators will extend their intervention’’ States. The plaintiff in these cases may permitting American defendants to to commercial matters such as con- have no particular connection to the countersue from the moment papers tracts and debts and warns that such country in which the suit is filed. Nev- are served on them. Damages available extension could trigger ‘‘retaliatory ertheless, the U.S. journalists or publi- in the countersuit include the amount action on the part of UK legislators.’’ cations who are named as defendants in at issue in the foreign libel suit as well Actually, such extension has already these suits must deal with the expense, as treble damages if the foreign suit is happened, but at the hands of British inconvenience and distress of being part of a scheme to suppress a U.S. per- legislators not American ones. In the sued in foreign courts, even though son’s first amendment rights. antitrust context, British law bars en- their conduct is protected by the First This deterrent mechanism is critical forcement of foreign judgments for tre- Amendment. because those who bring these foreign ble damages such as those awarded by An example of why the legislation is libel suits are more interested in in- U.S. courts. In addition, it allows a necessary is found in litigation involv- timidating the authors than in actu- British corporation, against whom a ing Dr. Rachel Ehrenfeld, a U.S. citizen ally collecting damages. They know judgment for treble damages was en- and Director of the American Center that even if a foreign judgment cannot tered in a foreign court, to recover for Democracy, whose articles have ap- be enforced in the United States, the from the plaintiff any excess over ac- peared in the Wall Street Journal, the cost of defending the suit and the pen- tual damages. In any event, this bill is National Review, and the Los Angeles alty for taking a default judgment can confined to the narrow area of core Times. She has been a scholar with Co- have a chilling effect on American First Amendment rights. lumbia University, the University of writers and publishers. In particular, ‘‘Perhaps of most significance’’ he New York School of Law, and Johns under English law a contempt citation continues in his letter, is that to his Hopkins, and has testified before Con- may issue against authors or pub- knowledge ‘‘very few of these claims gress. Dr. Ehrenfeld’s 2003 book, ‘‘Fund- lishers who fail to satisfy default judg- have actually come before UK courts.’’ ing Evil: How Terrorism is Financed ments, pursuant to which their prop- But it is the chilling effect and the

VerDate Nov 24 2008 06:35 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.069 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2343 mere threat of litigation that suffices attacks, mental illness and decaying contribute to the general health of their pa- to silence authors; there is no need to teeth have been implicated with its tients, their communities, and the country try the cases. In 2004, fear of a lawsuit prevalent use. as a whole. forced Random House UK to cancel Dental problems are common among SEC. 2. TABLE OF CONTENTS. publication of ‘‘House of Bush, House drug users. Many do not care for their The table of contents for this Act is as follows: of Saud,’’ a best seller in the U.S. that teeth regularly and most do not see a was written by an American author. dentist often. But methamphetamine Sec. 1. Short title; purposes. Sec. 2. Table of contents. Similarly, in 2007, the threat of a law- seems to be taking a unique and hor- suit compelled Cambridge University rific toll inside its user’s mouths. TITLE I—EVIDENCE–BASED PREVENTION Press to apologize and destroy all In those populated areas where its Sec. 101. Findings; purpose; definitions. Sec. 102. Methamphetamine prevention dem- available copies of ‘‘Alms for Jihad,’’ a use is highly concentrated, more and more dentists are encountering pa- onstration projects. book on terrorism funding by Amer- Sec. 103. Education for American Indian and ican authors. Indeed, an October 2008 tients with a distinct, painful and often Alaska native children. study reported in The Guardian found debilitating pattern of oral decay. The Sec. 104. Authorization of appropriations. that ‘‘[m]edia companies are becoming condition, known as ‘‘meth mouth’’, is TITLE II—METH MOUTH RESEARCH less willing to fight defamation court characterized by teeth that are black- INVESTMENT ACT cases all the way to a verdict. . . . ened, stained, rotting and crumbling or Sec. 201. Findings; purpose; definitions. With the burden of proof effectively falling apart. Some believe meth Sec. 202. Research on substance abuse, oral resting on the defendant’’ and attor- mouth is caused by the drug’s acidic health, and dental care. neys’ fees paid by the loser, defendants nature, its ability to dry the mouth, Sec. 203. Study of methamphetamine-related ‘‘are forced to enter into settlement the tendency of users to grind and oral health costs. negotiations.’’ clench their teeth and a drug-induced Sec. 204. Authorization of appropriations. Numerous organizations have en- craving for sugary drinks. Often the TITLE III—SUBSTANCE ABUSE EDU- dorsed the bill we offer today, includ- damage is so severe that extraction is CATION FOR DENTAL PROFESSIONALS ing the ACLU and the Anti-Defamation the only viable treatment option. Sec. 301. Findings; purpose; definitions. League, as well as numerous journal- The Meth Mouth Prevention and Sec. 302. Substance abuse training for dental Community Recovery Act authorizes professionals. ists and publishers groups. Op-eds and Sec. 303. Authorization of appropriations. editorials supporting our efforts have funding for local, school-based initia- TITLE I—EVIDENCE–BASED PREVENTION run in national papers, including the tives to educate primary and elemen- New York Times on September 15, 2008 tary school students about the dangers SEC. 101. FINDINGS; PURPOSE; DEFINITIONS. (a) FINDINGS.—The Congress finds as fol- and the New York Sun on July 28, 2008. of methamphetamine usage. It will also provide for enhanced research and lows: Also drawing attention to the issue (1) According to the Substance Abuse and was an op-ed Senator LIEBERMAN and I professional training in substance use Mental Health Services Administration, penned that ran in the Wall Street disorders, oral health and the provision first-time methamphetamine use is most Journal on July 14, 2008. of dental care. likely to occur between the ages of 18 and 25. Freedom of speech, freedom of the The bill I am putting forth here Prevention efforts must therefore begin dur- press, freedom of expression of ideas, today will begin to address our Na- ing the teen years. opinions, and research, and freedom of tion’s need to better understand and (2) Most young people do not realize that exchange of information are all essen- educate our population along helping methamphetamine use can quickly leave their teeth blackened, stained, rotting, and tial to the functioning of a democracy. the dental health providers treat the oral disease originating from this crumbling or falling apart and that the They are also essential in the fight treatment options are often limited. against terrorism. drug’s abuse. The studies funded and (3) By educating youth about meth mouth, I thank Senators LIEBERMAN and treatment offered here will begin to oral health advocates can play a substantial SCHUMER, as well as Congressman PETE stem the tide on this terrible afflic- role in helping to prevent first-time meth- KING and his cosponsors for working tion. amphetamine use. with me on this important bill. Mr. President, I ask unanimous con- (b) PURPOSE.—The purpose of this title is sent that the text of the bill be printed to provide for a number of projects to evalu- By Mr. BAUCUS (for himself, Ms. in the RECORD. ate whether, how, and to what degree educating youth about meth mouth is an effec- STABENOW, Mr. TESTER, Mr. There being no objection, the text of the bill was ordered to be placed in the tive strategy for preventing or reducing CONRAD, Mr. JOHNSON, and Mr. methamphetamine use. ECORD SCHUMER): R , as follows: (c) DEFINITIONS.—In this title: S. 450. A bill to understand and com- S. 450 (1) ANTI-DRUG COALITION.—The term ‘‘anti- prehensively address the oral health Be it enacted by the Senate and House of Rep- drug coalition’’ has the meaning given to the problems associated with methamphet- resentatives of the United States of America in term ‘‘eligible coalition’’ in section 1023 of amine use; to the Committee on Congress assembled, the National Narcotics Leadership Act of Health, Education, Labor, and Pen- SECTION 1. SHORT TITLE; PURPOSES. 1988 (21 U.S.C. 1523). sions. (a) SHORT TITLE.—This Act may be cited as (2) DENTAL ORGANIZATION.—The term ‘‘den- Mr. BAUCUS. Mr. President, I rise the ‘‘Meth Mouth Prevention and Commu- tal organization’’ means a group of persons nity Recovery Act’’. organized to represent the art and science of today to re-introduce the Meth Mouth (b) PURPOSES.—The purposes of this Act dentistry or who are otherwise associated for Prevention and Community Recovery are— the primary purpose of advancing the Act in the 111th Congress. (1) to investigate and report on all aspects public’s oral health. In December 2007, the U.S. Depart- of meth mouth, including its causes, public (3) DIRECTOR.—The term ‘‘Director’’ means ment of Justice’s National Drug Intel- health impact, innovative models for its pre- the Director of the Center for Substance ligence Center, NDIC, reported the in- vention, and new and improved methods for Abuse Prevention. creasing availability of high-purity its treatment; (4) ELEMENTARY SCHOOL; SECONDARY methamphetamine throughout the (2) to ensure dentists and allied dental per- SCHOOL.—The terms ‘‘elementary school’’ sonnel are able to recognize the signs of sub- and ‘‘secondary school’’ have the meanings country and the expansion of meth- stance abuse in their patients, discuss the given to such terms in section 9101 of the El- amphetamine networks. According to nature of addiction as it relates to oral ementary and Secondary Education Act of the 2005 National Survey on Drug Use health and dental care, and facilitate appro- 1965 (20 U.S.C. 7801). and Health, NSDUH, an estimated 10.4 priate help for patients (and family members (5) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- million Americans aged 12 or older of patients) who are affected by a substance TION.—The terms ‘‘Indian’’, ‘‘Indian tribe’’, used methamphetamine at least once use disorder; and ‘‘tribal organization’’ have the meanings in their lifetimes for nonmedical rea- (3) to determine whether, how, and to what given to such terms in section 4 of the Indian sons, representing 4.3 percent of the degree educating youth about meth mouth is Self-Determination and Education Assist- an effective strategy for preventing or reduc- ance Act (25 U.S.C. 450b). U.S. population in that age group. Its ing the prevalence of methamphetamine use; (6) METH MOUTH.—The term ‘‘meth mouth’’ use has been destructive to individual and means a distinct and often severe pattern of people, families and communities in (4) to underscore the many ways that den- oral decay that is commonly associated with our nation. Lung disease, fatal heart tists and other oral health professionals can methamphetamine use.

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(7) SUBSTANCE USE DISORDER.—The term SEC. 103. EDUCATION FOR AMERICAN INDIAN stance use disorders, oral health, and the ‘‘substance use disorder’’ means any harmful AND ALASKA NATIVE CHILDREN. provision of dental care. pattern of alcohol or drug use that leads to Not less than 5 percent of the funds appro- (b) ADMINISTRATION.—In carrying out sub- clinically significant impairment in phys- priated pursuant to section 104 for a fiscal section (a), the Secretary— ical, psychological, interpersonal, or voca- year shall be awarded to Indian tribes and (1) may enter into contracts or agreements tional functioning. tribal organizations for the purpose of edu- with other Federal agencies, including inter- (8) YOUTH.—The term ‘‘youth’’ has the cating Indian youth about the oral health agency agreements, to delegate authority for meaning given to such term in section 1023 of risks associated with methamphetamine use. the execution of grants and for such other the National Narcotics Leadership Act of SEC. 104. AUTHORIZATION OF APPROPRIATIONS. activities as may be necessary to carry out 1988 (21 U.S.C. 1523). There are authorized to be appropriated for this section; SEC. 102. METHAMPHETAMINE PREVENTION the purpose of carrying out this title (2) may carry out this section directly or DEMONSTRATION PROJECTS. $1,000,000 for each of fiscal years 2010 through through grants or cooperative agreements (a) IN GENERAL.—In carrying out section 2012. Amounts authorized to be appropriated with State, local, and territorial units of 519E of the Public Health Service Act (42 under this section are in addition to any government, Indian tribes, and tribal organi- U.S.C. 290bb–25e), the Director of the Center other amounts authorized to be appropriated zations, or other public or nonprofit private for Substance Abuse Prevention shall make for such purpose. entities; and grants to public and private nonprofit enti- TITLE II—METH MOUTH RESEARCH (3) may request and use such information, ties to enable such entities to determine INVESTMENT ACT data, and reports from any Federal, State, whether, how, and to what degree educating local, or private entity as may be required to SEC. 201. FINDINGS; PURPOSE; DEFINITIONS. youth about meth mouth is an effective carry out this section, with the consent of (a) FINDINGS.—The Congress finds as fol- strategy for preventing or reducing meth- such entity. amphetamine use. lows: (1) As the number of regular methamphet- SEC. 203. STUDY OF METHAMPHETAMINE-RE- (b) USE OF FUNDS.— LATED ORAL HEALTH COSTS. amine users has increased, so has a peculiar (1) MANDATORY USES.—Amounts awarded (a) IN GENERAL.—In carrying out section set of dental problems linked to the drug. under this title shall be used for projects 202, the Secretary shall conduct a study to The condition (known as ‘‘meth mouth’’) de- that focus on, or include specific information determine whether, how, and to what degree velops rapidly and is attributed to the drug’s about, the oral health risks associated with methamphetamine use affects the demand acidic nature, its ability to dry the mouth, methamphetamine use. for (and provision of) dental care. The study the tendency of users to grind and clench (2) AUTHORIZED USES.—Amounts awarded shall account for both genders, all racial and their teeth, and a drug-induced craving for under this title may be used— ethnic groups (and subgroups), and persons sugar-laden soft drinks. (A) to develop or acquire instructional aids of all ages and from all geographic areas as (2) Meth mouth is regarded by many as an to enhance the teaching and learning process appropriate for the scientific goals of the re- anecdotal phenomenon. Few peer-reviewed (including audiovisual items, computer- search. studies have been published that examine its based multimedia, supplemental print mate- (b) REPORT.—Not later than 1 year after rial, and similar resources); causes, its physical effects, its prevalence, or the date of enactment of this Act, the Sec- (B) to develop or acquire promotional its public health costs. retary shall publish a special report detail- items to be used for display or distribution (3) Enhanced research would help to iden- ing the results of the study described in sub- on school campuses (including posters, fly- tify the prevalence and scope of meth mouth. section (a), with findings that address— ers, brochures, pamphlets, message-based ap- Such research would also help determine (1) the prevalence and severity of oral parel, buttons, stickers, and similar items); how substances of abuse can damage the health problems believed to be associated (C) to facilitate or directly furnish school- teeth and other oral tissues, and offer the with methamphetamine use; based instruction concerning the oral health possibility of developing new and improved (2) the criteria most commonly used to de- risks associated with methamphetamine use; prevention, harm-reduction, and cost man- termine whether a patient’s oral health (D) to train State and local health offi- agement strategies. problems are associated with methamphet- (b) PURPOSE.—The purpose of this title is cials, health professionals, members of anti- amine use; to provide for enhanced research examining drug coalitions, parents, and others how to (3) the therapies most commonly used to all aspects of meth mouth, including its carry messages about the oral health risks treat patients with meth mouth; causes, its public health impact, innovative associated with methamphetamine use to (4) the clinical prognosis for patients who models for its prevention, and new and im- youth; and received care for meth mouth; and proved methods for its treatment. (E) to support other activities deemed ap- (5) the financial impact of meth mouth on (c) DEFINITIONS.—In this title: propriate by the Director. publicly financed dental programs. (1) CLINICAL RESEARCH; HEALTH SERVICES (c) GRANT ELIGIBILITY.— SEC. 204. AUTHORIZATION OF APPROPRIATIONS. RESEARCH.—The terms ‘‘clinical research’’ (1) APPLICATION.—To be eligible for grants There are authorized to be appropriated for under this title, an entity shall prepare and and ‘‘health services research’’ shall have the meanings given to such terms in section the purpose of carrying out this title, $200,000 submit an application at such time, in such for each of fiscal years 2010 through 2012. manner, and containing such information as 409 of the Public Health Service Act (42 U.S.C. 284d). Amounts authorized to be appropriated the Director may reasonably require. under this section are in addition to any (2) INDIAN; INDIAN TRIBE; TRIBAL ORGANIZA- (2) CONTENTS.—Each application submitted other amounts authorized to be appropriated TION.—The terms ‘‘Indian’’, ‘‘Indian tribe’’, pursuant to paragraph (1) shall include— for such purpose. (A) a description of the objectives to be at- and ‘‘tribal organization’’ shall have the tained; meanings given to such terms in section 4 of TITLE III—SUBSTANCE ABUSE EDU- (B) a description of the manner in which the Indian Self-Determination and Edu- CATION FOR DENTAL PROFESSIONALS the grant funds will be used; and cation Assistance Act (25 U.S.C. 450b). SEC. 301. FINDINGS; PURPOSE; DEFINITIONS. (C) a plan for evaluating the project’s suc- (3) METH MOUTH.—The term ‘‘meth mouth’’ (a) FINDINGS.—The Congress finds as fol- cess using methods that are evidence-based. means a distinct and often severe pattern of lows: (3) PREFERENCE.—In awarding grants under oral decay that is commonly associated with (1) The use of certain therapeutic agents in this title, the Director shall give preference methamphetamine use. dental treatment can jeopardize the health to applicants that intend to— (4) PUBLIC HEALTH RESEARCH.—The term and affect the relapse potential of patients (A) collaborate with one or more dental or- ‘‘public health research’’ means research with substance use disorders. ganizations; that focuses on population-based health (2) Screening patients for substance abuse (B) partner with one or more anti-drug measures. is not a common practice among dentists, coalitions; and (5) SECRETARY.—The term ‘‘Secretary’’ according to several peer-reviewed articles (C) coordinate their activities with one or means the Secretary of Health and Human published in the ‘‘Journal of the American more national, State, or local methamphet- Services. Dental Association’’. Limited time, inad- amine prevention campaigns or oral health (6) SUBSTANCE USE DISORDER.—The term equate training, and the potential for alien- promotion initiatives. ‘‘substance use disorder’’ means any harmful ating patients are among the reasons often (d) LIMITATIONS.— pattern of alcohol or drug use that leads to cited. (1) GRANT AMOUNTS.—The amount of an clinically significant impairment in phys- (3) Dentists receive little formal education award under this title may not exceed $50,000 ical, psychological, interpersonal, or voca- and training in screening patients for sub- per grantee. tional functioning. stance abuse, discussing the nature of addic- (2) DURATION.—The Director shall award SEC. 202. RESEARCH ON SUBSTANCE ABUSE, tion as it relates to oral health and dental grants under this title for a period not to ex- ORAL HEALTH, AND DENTAL CARE. care, and facilitating appropriate help for ceed 3 years. (a) EXPANSION OF ACTIVITY.—In carrying patients, and family members of patients, (e) EVALUATION AND DISSEMINATION.—The out part A of title III of the Public Health who are affected by a substance use disorder. Director shall collect and widely disseminate Service Act (42 U.S.C. 241 et seq.), the Sec- (4) The American Dental Association main- information about the effectiveness of the retary shall expand and intensify the clinical tains that dentists should be knowledgeable demonstration projects assisted under this research, health services research, and public about substance use disorders in order to title. health research on associations between sub- safely administer and prescribe controlled

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.057 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2345 substances and other medications. The under this section are in addition to any as more foreign governments have restricted American Dental Association further rec- other amounts authorized to be appropriated Internet access or blocked Web sites viewed ommends that dentists become familiar with for such purpose. as hostile to their political regimes; their community’s substance abuse treat- f Whereas following the end of the Cold War ment resources and be able to make referrals and the attacks on United States embassies when indicated. SUBMITTED RESOLUTIONS in Kenya and Tanzania, budgetary and secu- (5) Training can greatly increase the de- rity pressures resulted in the drastic gree to which dentists, allied dental per- downsizing or closure of most of the Amer- sonnel, and other health professionals can SENATE RESOLUTION 49—TO EX- ican Centers; screen patients for substance abuse, discuss PRESS THE SENSE OF THE SEN- Whereas beginning in 1999, American Cen- the nature of addiction as it relates to oral ATE REGARDING THE IMPOR- ters began to be renamed Information Re- health and dental care, and facilitate appro- TANCE OF PUBLIC DIPLOMACY source Centers and relocated primarily in- priate help for patients, and family members side United States embassy compounds; of patients, who are affected by a substance Mr. LUGAR submitted the following Whereas of the 177 Information Resource use disorder. resolution; which was referred to the Centers operating in February 2009, 87, or 49 (b) PURPOSE.—The purpose of this title is Committee on Foreign Relations: percent, operate on a ‘‘By Appointment to provide for enhanced training and tech- S. RES. 49 Only’’ basis and 18, or 11 percent, do not per- nical assistance to ensure that dentists and mit any public access; Whereas public diplomacy is the conduct of Whereas Information Resource Centers lo- allied dental personnel are able to recognize foreign relations directly with the average the signs of substance abuse in their pa- cated outside United States embassy com- citizen of a country, rather than with offi- pounds receive significantly more visitors tients, discuss the nature of addiction as it cials of a country’s foreign ministry; relates to oral health and dental care, and than those inside such compounds, including Whereas public diplomacy is commonly twice the number of visitors in Africa, 6 facilitate appropriate help for patients, and conducted through people-to-people ex- family members of patients, who are affected times more visitors in the Middle East, and changes in which experts, authors, artists, 22 times more visitors in Asia; by a substance use disorder. educators and students interact with their (c) DEFINITIONS.—For the purposes of this Whereas Iran has increased the number of peers in other countries; title: similar Iranian facilities, known as Iranian Whereas effective public diplomacy pro- (1) ALLIED DENTAL PERSONNEL.—The term Cultural Centers, to about 60 throughout the motes free and unfiltered access to informa- ‘‘allied dental personnel’’ means individuals world: Now, therefore, be it tion about the United States through books, who assist the dentist in the provision of Resolved, That— newspapers, periodicals, and the Internet; oral health care services to patients, includ- (1) the Secretary of State should initiate a Whereas public diplomacy requires a willing dental assistants, dental hygienists, and reexamination of the public diplomacy plat- ingness to discuss all aspects of society, dental laboratory technicians who are em- form strategy of the United States with a search for common values, foster a long-term goal of reestablishing publicly accessible ployed in dental offices or other patient care bilateral relationship based on mutual re- American Centers; facilities. spect, and recognize that certain areas of (2) after taking into account relevant secu- (2) CONTINUING EDUCATION.—The term ‘‘con- disagreement may remain unresolved on a rity considerations, the Secretary of State tinuing education’’ means extracurricular short term basis; should consider placing United States public learning activities (including classes, lecture Whereas a BBC World Service poll pub- diplomacy facilities at locations conducive series, conferences, workshops, seminars, lished in February 2009 that involved 13,000 to maximizing their use, consistent with the correspondence courses, and other programs) respondents in 21 countries found that while authority given to the Secretary under sec- whose purpose is to incorporate the latest 40 percent of the respondents had a positive tion 606(a)(2)(B) of the Secure Embassy Con- advances in science, clinical, and profes- view of the United States, 43 percent had a struction and Counterterrorism Act of 1999 sional knowledge into the practice of health negative view of the United States; (22 U.S.C. 4865(a)(2)(B)) to waive certain re- care (and whose completion is often a condi- Whereas Freedom House’s 2008 Global quirements of that Act. tion of professional licensing). Press Freedom report notes that 123 coun- (3) CONTINUING EDUCATION CREDIT.—The f tries (66 percent of the world’s countries and term ‘‘continuing education credit’’ means a 80 percent of the world’s population) have a SENATE RESOLUTION 50—AUTHOR- unit of study that is used to officially certify press that is classified as ‘‘Not Free’’ or IZING EXPENDITURES BY THE or recognize the successful completion of an ‘‘Partly Free’’; activity that is consistent with professional COMMITTEE ON SMALL BUSI- Whereas the Government of the United standards for continuing education. NESS AND ENTREPRENEURSHIP Kingdom, of France, and of Germany run SEC. 302. SUBSTANCE ABUSE TRAINING FOR DEN- stand-alone public diplomacy facilities Ms. LANDRIEU submitted the fol- TAL PROFESSIONALS. throughout the world, which are known as lowing resolution; from the Committee (a) IN GENERAL.—In carrying out title V of the British Council, the Alliance Francaise, on Small Business and Entrepreneur- the Public Health Service Act (42 U.S.C. 290 and the Goethe Institute, respectively; ship; which was referred to the Com- et seq.), the Administrator of the Substance Whereas these government-run facilities mittee on Rules and Administration: Abuse and Mental Health Services Adminis- teach the national languages of their respec- S. RES. 50 tration shall support training and offer tech- tive countries, offer libraries, newspapers, Resolved, That, in carrying out its powers, nical assistance to ensure that dentists and and periodicals, sponsor public lecture and allied dental personnel are prepared to— duties, and functions under the Standing film series that engage local audiences in Rules of the Senate, in accordance with ju- (1) recognize signs of alcohol or drug addic- dialogues that foster better understandings tion in their patients and the family mem- risdiction under rule XXV of such rules, in- between these countries and create an envi- cluding holding hearings, reporting such bers of their patients; ronment promoting greater trust and open- (2) discuss the nature of substance abuse as hearings, and making investigations as au- ness; thorized by paragraphs 1 and 8 of rule XXVI it relates to their area of expertise; Whereas the United States has historically of the Standing Rules of the Senate, the (3) understand how certain dental thera- operated similar facilities, known as Amer- Committee on Small Business and Entrepre- pies can affect the relapse potential of sub- ican Centers, which— neurship is authorized from March 1, 2009, stance dependent patients; and (1) offered classes in English, extensive li- through September 30, 2009, and October 1, (4) help those affected by a substance use braries housing collections of American lit- 2009, through September 30, 2010, and October disorder to find appropriate treatment for erature, history, economics, business, and 1, 2010, through February 28, 2011, in its dis- their condition. social studies, and reading rooms offering cretion— (b) CONTINUING EDUCATION CREDITS.—The the latest American newspapers, periodicals, (1) to make expenditures from the contin- Administrator of the Substance Abuse and and academic journals; gent fund of the Senate; Mental Health Services Administration may (2) hosted visiting American speakers and (2) to employ personnel; and collaborate with professional accrediting scholars on these topics; and (3) with the prior consent of the Govern- bodies— (3) ran United States film series on topics ment department or agency concerned and (1) to develop and support substance abuse related to American values; the Committee on Rules and Administration, training courses for oral health profes- Whereas in societies in which freedom of to use on a reimbursable or non-reimburs- sionals; and speech, freedom of the press, or local invest- able basis the services of personnel of any (2) to encourage that the activities de- ment in education were minimal, American such department or agency. scribed in paragraph (1) be recognized for Centers provided vital outposts of informa- SEC. 2. (a) The expense of the committee continuing education purposes. tion for citizens throughout the world, giv- for the period March 1, 2009, through Sep- SEC. 303. AUTHORIZATION OF APPROPRIATIONS. ing many of them their only exposure to un- tember 30, 2009, under this resolution shall There are authorized to be appropriated for censored information about the United not exceed $1,693,240, of which amount— the purpose of carrying out this title, $500,000 States; (1) not to exceed $25,000 may be expended for each of fiscal years 2010 through 2012. Whereas this need for uncensored informa- for the procurement of the services of indi- Amounts authorized to be appropriated tion about the United States has accelerated vidual consultants, or organizations thereof

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.057 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2346 CONGRESSIONAL RECORD — SENATE February 13, 2009 (as authorized by section 202(i) of the Legis- S. CON. RES. 7 entine. The class was in the school’s lative Reorganization Act of 1946); and Whereas Larry King was a 15-year-old boy computer lab and the students sat typ- (2) not to exceed $10,000 may be expended from Oxnard, California who was shot by a ing up their papers. for the training of the professional staff of fellow student during English class on Feb- At 8:30 a.m., the other boy stood up such committee (under procedures specified ruary 12, 2008 and died in the hospital 2 days by section 202(j) of the Legislative Reorga- later; and fatally shot Larry. He had hidden a nization Act of 1946). Whereas the police classified the murder as handgun in his bag, which he took out, (b) For the period of October 1, 2009, a hate crime; and simply stood up silently and shot through September 30, 2010, expenses of the Whereas in 2008, more than 150 vigils were Larry twice in the back of the head. committee under this resolution shall not held across the Nation in Larry’s memory, Larry died in the hospital two days exceed $2,976,370, of which amount— and more than 18,000 students from more later. (1) not to exceed $25,000 may be expended than 6,500 middle and high schools came to- for the procurement of the services of indi- gether to commemorate his death; This act of violence is shocking and vidual consultants, organizations thereof (as Whereas one year later, vigils continue to devastated his parents, and the Oxnard authorized by section 292(i) of the Legisla- be organized to call for an end to violence, community. tive Reorganization Act of 1946); and bullying, and harassment in schools in the I strongly oppose hate crimes of all (2) not to exceed $10,000 may be expended United States; for the training of the professional staff of kinds. When victims are targeted be- Whereas in 2007, 85 percent of lesbian, gay, cause of who they are—because of their such committee (under procedures specified bisexual, and transgender students were ver- by section 202(j) of the Legislative Reorga- bally harassed at school because of their sex- race, their religion, their sexual ori- nization Act of 1946). ual orientation, and more than 20 percent of entation, or national origin—the harm (c) For the period of October 1, 2010, those students were physically assaulted be- runs very deep. through February 28, 2011, expenses of the cause of their sexual orientation; Hate crimes can cause lengthy emo- committee under this resolution shall not Whereas the Gay, Lesbian, and Straight exceed $1,267,330, of which amount— tional trauma; they can make people Education Network’s 2007 National School (1) not to exceed $25,000 may be expended afraid to express their identities; and Climate Survey showed that when students for the procurement of the services of indi- are harassed or assaulted at school, they find they are deeply divisive and can tear vidual consultants, or organizations thereof it difficult to focus on their school work, our communities apart. (as authorized by section 202(i) of the Legis- their grades drop, and they attend school Hate crimes and bullying in schools lative Reorganization Act of 1946); and less often; and (2) not to exceed $10,000 may be expended can cause even deeper harm. Whereas schools should be a place where for the training of the professional staff of According to a School Climate Sur- all children can learn and grow in a safe en- such committee (under procedures specified vironment, free from bullying and harass- vey in 2007, over 85 percent of gay, les- by section 202(j) of the Legislative Reorga- ment: Now, therefore, be it bian, bisexual, and transgender stu- nization Act of 1946). Resolved by the Senate (the House of Rep- dents were verbally harassed at school. SEC. 3. The committee may report its find- resentatives concurring), That Congress— And more than 20 percent of these stu- ings, together with such recommendations (1) honors and remembers the life of Law- for legislation as it deems advisable, to the dents had been physically assaulted. rence ‘‘Larry’’ King; Senate at the earliest practicable date, but The survey also found that when (2) condemns all hate crimes; and not later than February 28, 2011. (3) calls on the Federal Government, children were bullied or harassed, they SEC. 4. Expenses of the committee under States, localities, schools, and the people of attended school less and their grades this resolution shall be paid from the contin- the United States to take immediate steps to began to drop. gent fund of the Senate upon vouchers ap- stop bullying and harassment in the Nation’s proved by the chairman of the committee, This bullying and violence has to schools. except that vouchers shall not be required— stop. I am introducing this resolution (1) for the disbursement of salaries of em- Mrs. FEINSTEIN. Mr. President, I today to commemorate the life of this ployees paid at an annual rate; rise to introduce a resolution to honor young boy and to draw attention to the (2) for the payment of telecommunications the memory of Lawrence ‘‘Larry’’ need for increased efforts to end bul- provided by the Office of the Sergeant at King, a 15-year-old boy who was shot lying and violence in our schools. Arms and Doorkeeper, United States Senate; and killed at a California junior high Schools should be safe places where (3) for the payment of stationery supplies school on this day last year. purchased through the Keeper of the Sta- children can learn and grow, free from tionery, United States Senate; Larry’s story is a tragic and is a harassment or any threat of physical (4) for payments to the Postmaster, United poignant reminder of why it is so im- attack. States Senate; portant to stop bullying and violence I also want to take this opportunity (5) for the payment of metered charges on in our schools. to urge my colleagues to pass hate copying equipment provided by the Office of Larry King was a spirited boy who crimes legislation this year so that our the Sergeant at Arms and Doorkeeper, grew up in Oxnard, California. United States Senate; federal law will be clear that crimes At the age of 10, he told the other based on a person’s sexual orientation, (6) for the payment of Senate Recording kids at school that he was gay, and and Photographic Services; or gender identity, or disability are many of them teased and taunted him (7) for payment of franked mail costs by crimes of hate and must be vigorously as a result. At his first school, the bul- the Sergeant at Arms and Doorkeeper, prosecuted because of the great harm lying became so harsh that his parents United States Senate. that they cause to our communities. SEC. 5. There are authorized such sums as had to transfer him to a different may be necessary for agency contributions school. But the transfer seemed like a I urge my colleagues to support this related to the compensation of employees of good one, and although Larry still en- resolution. the committee from March 1, 2009, through dured teasing, he made some very close September 30, 2009, October 1, 2009, through f September 30, 2010, and October 1, 2010, friends. through February 28, 2011, to be paid from Near the beginning of last year, the Appropriations account for ‘‘Expenses of Larry decided to change the way he AUTHORITY FOR COMMITTEES TO Inquiries and Investigations’’. dressed. He started wearing girls’ ac- MEET f cessories, makeup, and a pair of high heels that he bought for himself at COMMITTEE ON SMALL BUSINESS AND SENATE CONCURRENT RESOLU- Target. ENTREPRENEURSHIP TION 7—HONORING AND REMEM- In February, he asked one of his male Mr. WHITEHOUSE. Mr. President, I BERING THE LIFE OF LAWRENCE classmates to be his Valentine. The ask unanimous consent that the Com- ‘‘LARRY’’ KING boys exchanged heated words, and the mittee on Small Business and Entre- Mrs. FEINSTEIN (for herself, Mrs. next morning Larry came to school preneurship be authorized to meet dur- BOXER, Mr. DURBIN, and Mr. dressed plainly and looking nervous ing the session of the Senate, off the WHITEHOUSE) submitted the following and out of sorts. Senate floor, during a roll call vote on concurrent resolution; which was re- He had English as his first class and February 13, 2009. ferred to the Committee on the Judici- he sat with the other students, includ- The PRESIDING OFFICER. Without ary: ing the boy he had asked to be his Val- objection, it is so ordered.

VerDate Nov 24 2008 06:41 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.075 S13FEPT1 wwoods2 on PRODPC68 with SENATE February 13, 2009 CONGRESSIONAL RECORD — SENATE S2347 DISTRICT OF COLUMBIA HOUSE The PRESIDING OFFICER. The clo- The preamble was agreed to. VOTING RIGHTS ACT OF 2009— ture motion having been presented f MOTION TO PROCEED under rule XXII, the clerk will report PROVIDING FOR A CONDITIONAL the motion. CLOTURE MOTION ADJOURNMENT OF THE HOUSE The legislative clerk read as follows: Mr. REID. Mr. President, ordinarily I OF REPRESENTATIVES AND A would ask consent to proceed to legis- CLOTURE MOTION CONDITIONAL RECESS OR AD- lation, especially S. 160, a bill to pro- We, the undersigned Senators, in accord- JOURNMENT OF THE SENATE vide the District of Columbia a voting ance with the provisions of rule XXII of the seat and the State of Utah an addi- Standing Rules of the Senate, hereby move Mr. REID. Mr. President, I ask unan- tional seat in the House of Representa- to bring to a close debate on the nomination imous consent that the Senate proceed tives, but I know there is an objection; of Hilda L. Solis, of California, to be Sec- to the consideration of H. Con. Res. 47. therefore, I will not ask consent. But retary of Labor. The PRESIDING OFFICER. The Harry Reid, Christopher J. Dodd, Richard clerk will report the concurrent resolu- in view of an objection that would be Durbin, Charles E. Schumer, Benjamin lodged against the proceeding, I now tion by title. L. Cardin, Edward E. Kaufman, Joseph The legislative clerk read as follows: move to proceed to Calendar No. 23, S. I. Lieberman, Mark Udall, Daniel K. A concurrent resolution (H. Con. Res. 47) 160, and I send a cloture motion to the Inouye, Michael F. Bennet, Mary L. providing for a conditional adjournment of desk. Landrieu, Mark L. Pryor, Sheldon the House of Representatives and a condi- The PRESIDING OFFICER. Under Whitehouse, Roland W. Burris, Patty tional recess or adjournment of the Senate. rule XXII, the clerk will report the mo- Murray, Jack Reed, Blanche L. Lin- tion to invoke cloture on the motion to coln, Bernard Sanders. There being no objection, the Senate proceed to S. 160, the District of Co- Mr. REID. I ask unanimous consent proceeded to consider the concurrent lumbia House Voting Rights Act of that the mandatory quorum be waived. resolution. Mr. REID. Mr. President, I now ask 2009. The PRESIDING OFFICER. Without unanimous consent that the concur- The legislative clerk read as follows: objection, it is so ordered. rent resolution be agreed to, and the CLOTURE MOTION f We, the undersigned Senators, in accord- motion to reconsider be laid upon the ance with the provisions of rule XXII of the LEGISLATIVE SESSION table, with no intervening action or de- Standing Rules of the Senate, hereby move Mr. REID. Mr. President, I ask unan- bate. The PRESIDING OFFICER. Without to bring to a close debate on the motion to imous consent that the Senate now re- proceed to S. 160, the District of Columbia objection, it is so ordered. sume legislative session. House Voting Rights Act of 2009. The concurrent resolution (H. Con. The PRESIDING OFFICER. Without Harry Reid, Joseph I. Lieberman, Rich- Res. 47) was agreed to, as follows: ard Durbin, Charles E. Schumer, Chris- objection, it is so ordered. H. CON. RES. 47 topher J. Dodd, Benjamin L. Cardin, f Edward E. Kaufman, Mark Udall, Dan- Resolved by the House of Representatives (the iel K. Inouye, Michael F. Bennet, Mary APPOINTMENT Senate concurring), That when the House adjourns on any legislative day from Thursday, L. Landrieu, Mark L. Pryor, Sheldon The PRESIDING OFFICER. The Whitehouse, Roland W. Burris, Patty February 12, 2009, through Monday, February Chair, on behalf of the Vice President, 16, 2009, on a motion offered pursuant to this Murray, Bernard Sanders, Thomas R. pursuant to Public Law 94–304, as Carper. concurrent resolution by its Majority Leader amended by Public Law 99–7, appoints or his designee, it stand adjourned until 2 Mr. REID. I ask unanimous consent the following Senators as members of p.m. on Monday, February 23, 2009, or until that the mandatory quorum be waived. the Commission on Security and Co- the time of any reassembly pursuant to sec- The PRESIDING OFFICER. Without tion 2 of this concurrent resolution, which- objection, it is so ordered. operation in Europe, Helsinki, during the 111th Congress: the Honorable ever occurs first; and that when the Senate Mr. REID. I now withdraw the mo- recesses or adjourns on any day from Friday, tion. RICHARD BURR of North Carolina and February 13, 2009, through Friday, February The PRESIDING OFFICER. The lead- the Honorable ROGER WICKER of Mis- 20, 2009, on a motion offered pursuant to this er has that right. The motion is with- sissippi. concurrent resolution by its Majority Leader drawn. f or his designee, it stand recessed or ad- Mr. REID. I now ask unanimous con- journed until 2 p.m. on Monday, February 23, 100TH ANNIVERSARY OF THE NA- sent that the cloture vote occur at 11 2009, or such other time on that day as may TIONAL ASSOCIATION FOR THE a.m. on Tuesday, February 24; that if be specified in the motion to recess or ad- ADVANCEMENT OF COLORED journ, or until the time of any reassembly cloture is invoked on the motion, then PEOPLE pursuant to section 2 of this concurrent reso- all postcloture time be considered lution, whichever occurs first. yielded back, the motion to proceed be Mr. REID. Mr. President, I ask unan- SEC. 2. The Speaker of the House and the agreed to, and the Senate proceed to imous consent that the Senate proceed Majority Leader of the Senate, or their re- the consideration of the bill. to the consideration of H. Con. Res. 35. spective designees, acting jointly after con- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The sultation with the Minority Leader of the objection, it is so ordered. clerk will report the concurrent resolu- House and the Minority Leader of the Sen- ate, shall notify the Members of the House f tion by title. The legislative clerk read as follows: and the Senate, respectively, to reassemble EXECUTIVE SESSION at such place and time as they may des- A concurrent resolution (H. Con. Res. 35) f ignate if, in their opinion, the public interest honoring and praising the National Associa- shall warrant it. NOMINATION OF HILDA L. SOLIS tion for the Advancement of Colored People f TO BE SECRETARY OF LABOR on the occasion of its 100th anniversary. Mr. REID. Mr. President, I now ask There being no objection, the Senate PROGRAM unanimous consent that the Senate proceeded to consider the concurrent Mr. REID. Mr. President, when we proceed to executive session to con- resolution. get back on that Monday, a week from sider the nomination of Calendar No. Mr. REID. Mr. President, I ask unan- this Monday, we are going to have 18, Hilda L. Solis, of California, to be imous consent that the concurrent res- Washington’s Farewell Address. It will Secretary of Labor. olution be agreed to, the preamble be be read by Senator JOHANNS of Ne- The PRESIDING OFFICER. Is there agreed to, the motions to reconsider be braska. It alternates back and forth be- objection? Without objection, it is so laid upon the table, there be no inter- tween Democrats and Republicans. ordered. The clerk will report. vening action or debate, and any state- This is the time for the Republicans to The legislative clerk read the nomi- ments relating to this matter be print- read the address. There will be no votes nation of Hilda L. Solis, of California, ed in the RECORD. on Monday as a result of the agreement to be Secretary of Labor. The PRESIDING OFFICER. Without we reached just a minute ago on this CLOTURE MOTION objection, it is so ordered. unanimous consent request. Mr. REID. Mr. President, I send a The concurrent resolution (H. Con. On the 24th, at 11 a.m., there will be cloture motion to the desk. Res. 35) was agreed to. a cloture vote on the motion to proceed

VerDate Nov 24 2008 05:39 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.081 S13FEPT1 wwoods2 on PRODPC68 with SENATE S2348 CONGRESSIONAL RECORD — SENATE February 13, 2009 to the DC House Voting Rights Act. If worked together on a bipartisan basis Mr. President, I am sure I have left cloture is invoked on the motion to to accomplish a lot. off people, but this piece of legislation, proceed, postcloture time will be yield- We are so fortunate to have our new I am so happy we were able to get it ed back, and the Senate will proceed to President. It is a pleasure to work with done. the bill. There will be immediately an- him. I have had, this past couple of I will never, ever forget the valiancy other cloture vote on the nomination weeks, the ability to visit with him of those three brave Republicans who of HILDA SOLIS to be President Obama’s firsthand in legislative combat. broke from the pack and stood alone to Secretary of Labor. They are competent. I am so im- tell America that we needed to do I anticipate that after the luncheons pressed. The President’s chief of staff something with our economy which we have every week with our caucuses, Rahm Emanuel—we could not have needed help: Senator SNOWE from we will reach an agreement for a time done this without his assistance, guid- Maine, and Senator COLLINS from certain for a vote on the confirmation ance, and directness. Maine, Senator SPECTER from Pennsyl- of the nomination of HILDA SOLIS. We had the head of the Office of Man- vania. But for them we would not be Everyone is reminded that President agement and Budget, Peter Orszag, where we are. Obama will address a joint session of who I called personally last night to Senator INOUYE was masterful in Congress Tuesday evening at 9 p.m. in tell him that I know he is not a long- what he did. Senator BAUCUS was tre- the House Chamber. Members of the time person involved in politics, but he mendous in the Finance Committee, Senate will gather on the Senate floor is a natural. He is a brilliant man. He and his staff. Senator BAUCUS’s staff at 8:30 p.m. and proceed to the House. has a degree from Princeton. He has a was really very good, led by Russ Sul- On Wednesday, February 25, the DC Ph.D. from the London School of Eco- livan, who we depend on—all of us—for voting rights bill will be up, be open to nomics. I am very impressed with this his knowledge. He is a CPA. He has debate and amendments. We hope to man, who I did not know other than to been a feature in the Senate for a long complete this bill by the end of the say hello to, but I have gotten to know time and he was so very important. week. him well because we have spent days I did not mention a person we have I would recognize that the House is together in the last short period of come to depend on in the Senate—all of going to take up, the week we get time. us—because he has been the chief per- back, the omnibus appropriations bill. The President’s representative up son on the Appropriations Committee Friday, February 26, is an announced here, who we will deal with all the for Senator BYRD, and that is Chuck no-vote day. time, Phil Schiliro, has done a really Kieffer, who was with us all the time, wonderful job. f as was Senator INOUYE’s chief clerk on Rob Nabors, who was the longtime the Appropriations Committee, Charlie ORDERS FOR MONDAY, FEBRUARY staff assistant, director of the Appro- Houy. 23, 2009 priations Committee for Chairman Now, as I said, I am sure I have Mr. REID. So, Mr. President, I ask OBEY, has been magnificent in his work unanimous consent that when the Sen- for the White House, working as Peter missed a few people because this was, ate completes its business today, it Orszag’s assistant. really, a big team effort. stand adjourned under the provisions of There are a lot of people who allowed In my own mind, this piece of legisla- H. Con. Res. 47 until 2 p.m. on Monday, us to get to where we are, and I appre- tion is the most important piece of leg- February 23; that following the prayer ciate very much their help. It was a islation I have worked on for the coun- and pledge, the Journal of proceedings real long, hard pull. try. The country is in trouble, and we be approved to date, the morning hour The Presiding Officer, my dear are so fortunate we were able to get it be deemed expired, the time for the two friend, the senior Senator from the passed. It is going to give this country leaders be reserved for their use later State of Illinois, who came to Wash- a shot in the arm. My State of Nevada in the day, and that the Senator from ington with me in 1982, has been in- needs this so very much. We are going Nebraska, Mr. JOHANNS, be recognized valuable during this very difficult time to have a number of meetings in Ne- to read Washington’s Farewell Address; working on this bill. vada next week to talk about all the further, that following the address, the Senator SCHUMER of New York, of good that will flow to Nevada as a re- Senate resume consideration of the course, works with me and Senator sult of its passage. motion to proceed to S. 160, the Dis- DURBIN on all the things we do. As usual, Lula Davis is so important trict of Columbia House Voting Rights And the final point of that legislative to how we function here. She is the Act of 2009. team is PATTY MURRAY. She is such a person who tells us how we can move f contributor to this Senate. I have such forward on things. She is invaluable to respect for her. She has such a soft every Democratic Senator, and espe- A TEAM EFFORT touch, but she is as strong as anybody cially to me. Mr. REID. Mr. President, just in clos- in the Senate. As I announced earlier, Mr. Presi- ing, it has been a long, hard several I am not going to go through the en- dent, the next vote will occur at 11 weeks for our valiant staff, and there is tire list of people. Many, many worked a.m., Tuesday, February 24. That vote not any way anyone could suggest well hard. will be on the motion to invoke cloture enough the enormous contributions The chairman of the Appropriations on the motion to proceed to the Dis- they make to making this body flour- Committee, Senator INOUYE, is a hero trict of Columbia House voting rights ish the way it does. in many different ways. He is a Mem- legislation. We have gotten a tremendous ber of the Senate who has had the Con- amount of work done this first working gressional Medal of Honor awarded to f period of this Congress. We should be him for his valiant efforts in World proud of what we have done. We have War II. ADJOURNMENT UNTIL MONDAY, passed the most sweeping environ- The chairman of the Finance Com- FEBRUARY 23, 2009, AT 2 P.M. mental bill in more than 25 years. We mittee, Senator BAUCUS, was involved have passed the discrimination bill, the in this from the very beginning and did Mr. REID. So, Mr. President, if there Lilly Ledbetter bill, which is an impor- such a great job. is no further business to come before tant piece of legislation for women all My personal staff has spent longer the Senate, I ask unanimous consent over America. We passed the Children’s hours than I have put in. My chief of that it adjourn under the previous Health Insurance Program, which staff Gary Myrick is very quiet but order. allow millions of American children to such a help to me and the Senate; The PRESIDING OFFICER. Without have health insurance coverage that Randy Devalk, everyone in the Senate objection, the foregoing requests are they would not have ordinarily. And we depends on him. He is a wealth of all agreed to. just passed this bill to help our strug- knowledge, a fountain of legislative in- Thereupon, the Senate, at 11:03 p.m., gling economy. So I think the Amer- formation, and he has just been, really, adjourned until Monday, February 23, ican people should see that we have a remarkably good person. 2009, at 2 p.m.

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IN HONOR OF IBEW’S 100TH ber of the State House of Representatives in the American automobile industry. And finally, ANNIVERSARY Michigan and now as a Member of the United Chairman DINGELL’s work to establish a ‘‘Pa- States House of Representatives for more tient’s Bill of Rights’’ that means that doctors, HON. NANCY PELOSI than three decades. I know first-hand of the not insurance bureaucrats, make decisions for OF CALIFORNIA hard work and leadership of the long-term our health care. In more than half a century of IN THE HOUSE OF REPRESENTATIVES Chairman Emeritus JOHN DINGELL. People out- service to all Americans, Chairman DINGELL Friday, February 13, 2009 side of the great State of Michigan, in which has a record of achievement that will not be I have been proud to serve as a Member of surpassed. It is a record that I respected as a Ms. PELOSI. Madam Speaker, on February the State House of Representatives in Michi- Member of Michigan’s State legislature, and it 21, 2009 San Franciscans will celebrate the gan and now as a Member of the U.S. House is one that I continue to respect to this very 100th anniversary of the International Brother- of Representatives for more than three dec- day. hood of Electrical Workers (IBEW) Local 6. ades know the long-time Chairman Emeritus I join my colleagues in congratulating Chair- Local 6 has a proud history of providing labor of the powerful Energy and Commerce Com- man JOHN DINGELL, along with all of Michi- and services to the citizens of San Francisco; mittee as JOHN D. DINGELL. In Michigan, we gan’s sons and daughters, regardless of race, with electrical lighting and power systems for know Chairman DINGELL as a dedicated, de- religion, or party affiliation, on his record more than 125 years and communications voted and dutiful public servant who continues length of service to our Nation. Chairman DIN- systems for more than 150 years. Electrical workers were the pioneers who to serve the people of Michigan’s 15th Con- GELL’s service has made a difference for us changed the face of society. Recognizing the gressional District and the United States su- all. I am proud to honor Chairman DINGELL for need for unity, fair compensation and safe perbly. As the Dean of the U.S. House of Rep- a lifetime of dedication to our country. working conditions, they organized and affili- resentatives, Chairman DINGELL has been a f fighter for the automotive industry; a protector ated with other electrical workers and were DTV DELAY ACT chartered by IBEW on February 21, 1895 and of our environment; a dogged investigator and leader of Federal oversight; and one of the newly chartered on February 21, 1909. From SPEECH OF helping to rebuild our fire-ravaged city after leading supporters of health care for all Ameri- the 1906 Earthquake to developing San Fran- cans. HON. MARCY KAPTUR cisco’s infrastructure, including schools, hos- Chairman DINGELL’s sense of public service OF OHIO pitals, civic buildings, bridges and transpor- goes beyond his service as a Member of Con- IN THE HOUSE OF REPRESENTATIVES gress for more than the past five decades. tation, the Bay Area would not be the magnifi- Wednesday, February 4, 2009 cent area it is today without Local 6. Chairman DINGELL, who began learning his In our more recent history, Local 6 played skill as a legislator at the feet of his father, Ms. KAPTUR. Mr. Speaker, I rise in support an integral role in building the Bay Area Rapid John, the Chairman joined the U.S. Army at of S 352, the DTV Delay Act. Transit system (BART), seismic retrofitting of the age of 18 to fight in WWII. After grad- America is unready and as always, the poor City Hall, relocation of the main pubic library uating from college, working as a forest ranger and elderly are the most at risk. In my district building, the new municipal court and federal and becoming a lawyer, Chairman DINGELL alone, 4,569 people have requested vouchers buildings, Pacific Bell Park, University of Cali- became a member of our august body after for their analog televisions and have not yet fornia’s development of Mission Bay, and they winning the seat of his departed dad. received the coupons. Unless Congress acts, have made high-tech switching facilities and Chairman DINGELL’s influence upon the lives these televisions will flicker black. These con- modern communication systems available for of all Americans is broad and deep. As the stituents will not be able to hear news alerts, use. longtime Chairman of the Energy and Com- be notified of national emergencies and con- This is a great opportunity to recognize all merce Committee, to which more than two- tinue to be connected to the outside world the brave men and women who struggled and thirds of all legislation in Congress is referred, through their televisions because the Govern- sacrificed so that we can enjoy the quality and Chairman DINGELL has been at the forefront of ment didn’t follow through with a promise to life and standard of living that we have come legislation that has improved the health of mi- provide DTV vouchers. to cherish. norities, women, and men; improved the qual- It is the Federal Government that for years, I pledge to continue to fight in Congress for ity of the water we drink, the food we eat, and has been assuring these constituents that their economic opportunity, good jobs and good op- the very air that we breathe; and uncovered televisions will not turn black as long as they portunities for America’s working men and some of the worst fraud, waste and abuse of follow through with the instructions and submit women. I will work with President Obama and scarce American tax dollars. requests for digital television vouchers. It is Secretary of Labor Hilda Solis to ensure fair Every Congress for more than the past five imperative that we delay implementation of the wages, safe workplaces and job training for decades, Chairman DINGELL has introduced digital transmission and fulfill the commitment working Americans. I join my constituents and legislation that would guarantee each and we have made to our constituents that have all those in the San Francisco Bay Area to sa- every American access to health care. This is followed the rules. lute Local 6’s success and unrelenting com- carrying on a family tradition that was begun The legislation being considered today has mitment to working Americans and to look for- by his father, and continued by the son. This important provisions which allow the FCC with ward to a bright future. is but one of the hundreds of bills and laws flexibility in implementing these requirements. f that Chairman DINGELL has directly influenced. The bill permits the FCC to approve full DTV HONORING JOHN D. DINGELL FOR Under Chairman DINGELL, we discovered that conversion in markets where the consumers HOLDING THE RECORD AS THE the Department of Defense were paying more are prepared for the transition before the hard LONGEST SERVING MEMBER OF than $600 for a toilet seat. The ‘‘Do Not Call’’ date in June. Where the transition does occur THE HOUSE OF REPRESENTA- law that restricted telemarketers from inter- before the June 12th date, this legislation al- TIVES rupting our homes. The recently-signed into lows first responders to take over the airwaves law State Children’s Health Insurance Plan, immediately once the analog signal space is SPEECH OF guaranteeing health insurance for millions of open. children of working families. Saving our be- While this delay is unfortunate, it is a nec- HON. CAROLYN C. KILPATRICK loved Great Lakes from pollution. Preserving essary step to assure that the millions of OF MICHIGAN America’s forestry and animal heritage with Americans televisions will not go dark because IN THE HOUSE OF REPRESENTATIVES the Endangered Species Act. Ensuring that of a bureaucratic snafu. Wednesday, February 11, 2009 women and minorities are counted and con- In the multiple media markets in Ohio, 6.88 Ms. KILPATRICK of Michigan. Mr. Speaker, sidered as we find cures for cancer, AIDS, percent of the Dayton market is unready for I have been proud to have served as a Mem- and other debilitating diseases. Fighting for the digital transition, 5.91 percent of the

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

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.001 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E272 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 Cleveland market, 4.4 percent of the Detroit HONORING THE NAACP ON ITS political talk show ‘‘Square-Off’’ and co-hosted market and 4.29 percent of the Columbus 100TH ANNIVERSARY the morning talk show ‘‘People Are Talking’’ market. I urge a Yes vote on this legislation with then up-and-comer Oprah Winfrey. because I cannot simply turn my back on this SPEECH OF In 2006, he graced the silver screen and many constituents. HON. DENNIS J. KUCINICH played himself in the movie Man of the Year OF OHIO featuring Robin Williams. In his stories, Rich- f ard had the ability to capture the true heart of IN THE HOUSE OF REPRESENTATIVES the people and places that make Baltimore so TRIBUTE TO SUSAN RITSCHEL Tuesday, February 10, 2009 unique. Mr. KUCINICH. Mr. Speaker, I rise today in Richard is home grown Baltimore. He went HON. KEN CALVERT recognition of the 100th Anniversary of the to St. Paul’s School and received bachelor’s NAACP, which was founded on February 12th, and master’s degrees from the University of OF CALIFORNIA 1909. For the past century, the NAACP has Maryland at College Park. IN THE HOUSE OF REPRESENTATIVES served as the driving force behind the Amer- Richard began his broadcasting career as a radio disc jockey for WEAM in Arlington, Vir- Friday, February 13, 2009 ican civil rights movement, as its founders, leaders and members risked everything to tear ginia. He moved to Baltimore to become a Mr. CALVERT. Madam Speaker, I rise today down the walls of ignorance and racism, de- News Director for WCBM and made the move to honor and pay tribute to an individual manding freedom, empowerment, opportunity to television news a short time later when he whose dedication and contributions to the and justice for all. joined WJZ in 1975. community of San Clemente, California, are With a membership of a half–million strong, Madam Speaker, it is with great pride that I exceptional. San Clemente has been fortunate the NAACP membership represents commu- congratulate Richard Sher on his exemplary to have dynamic and dedicated community nities across the country. The organization career as a journalist in Baltimore. I wish him leaders who willingly and unselfishly give their was formed partly in reaction to the uncon- well in his much deserved retirement. time and talent and make their communities a scionable practice of lynching and also in re- f better place to live and work. Susan Ritschel sponse to the 1908 race riot in Springfield, Illi- HONORING THE DISTINGUISHED is one of these individuals. On February 19, nois. Horrified at the violence aimed at African SERVICE OF MARY ATSMA-CAM- 2009, the San Clemente Chamber of Com- Americans, a small group of concerned citi- ERON merce will honor Susan as the ‘‘2008 Citizen zens met to discuss and find ways to address of the Year.’’ racial injustice and the NAACP was formed. I’ve known Susan for several years and can Founding members included Mary White HON. JIM COSTA attest to all that she does for the community Ovington, Oswald Garrison Villard, Dr. Henry OF CALIFORNIA of San Clemente. Susan served on the San Moscovitz, Jane Addams and Charles Darrow. IN THE HOUSE OF REPRESENTATIVES Clemente Planning Commission as Commis- The stated goals included securing the rights Friday, February 13, 2009 sioner after which she served on the San of all people as guaranteed in the 13th, 14th Mr. COSTA. Madam Speaker, I rise today to Clemente City Council for two terms and was and 15th Amendments of the United States recognize, before my esteemed colleagues, an mayor of the city. Susan is a former president Constitution. exceptional woman whose contributions to the of the Orange County Division of the League The NAACP was the principle legal advo- California dairy industry epitomize the tena- of California Cities and a board member and cate for numerous groundbreaking civil rights cious spirit of industriousness and persistence chair of the San Diego Regional Water Quality advancements, including the 1930 anti-lynch- found often in our Agricultural communities Control Board and was the Orange County ing bill, the Dyer Bill, which passed the U.S. across this country. I would like to recognize planning commissioner. House of Representatives but not the U.S. Senate. Shortly thereafter, the NAACP pub- Mary Atsma-Cameron, who on February 10th, Susan’s accomplishments in 2008 are ex- 2009 was awarded the ‘‘2009 Outstanding traordinary. She was the honorary chair of the lished a report entitled, ‘‘Thirty Years of Lynch- ing in the United States,’’ which drastically de- Dairy Producer of the Year’’ award by Western Capital Campaign for the new Dorothy Visser Dairy Business magazine at the World Ag Senior Center in San Clemente. I was hon- creased the incidence of lynching after its release. The impact of the NAACP’s support of Expo in Tulare, California. ored to join Susan for a short leg of her 1,000 This indeed is a great honor. In an industry miles to raise funds for the Senior Center. She the civil rights movement is evidenced in numerous landmark court decisions, most nota- predominated by male ownership, Mary has also planned and held a major fundraiser enti- distinguished herself as a force to contend tled ‘‘Cruising to our Destination’’ as well as bly, in Brown v. Board of Education, wherein the brilliant attorney, Thurgood Marshall, who with. According to her own words, ‘‘I’m a oversaw and coordinated outreach to founda- ’dairyman’ and I say that because I’ve always tions. Susan’s passion for helping seniors in later served as the NAACP’s Chief Counsel and also as a United States Supreme Court worked like a dairyman, right alongside the our community was the driving force in gath- men. I don’t ask for special favors because I’m ering support for the Dorothy Visser Senior Justice, argued his case against school segregation, and won. a woman.’’ Mary has been in the dairy busi- Center from legislators at all levels as well as ness now for 53 years and can still be found businesses, service clubs and other entities. Mr. Speaker and colleagues, please join me in honor and recognition of the members, past engaged in the day to day operations of the Susan developed and implemented a Capital business; from driving tractor to managing the Campaign, which raised over 2.1 million dol- and present, of the NAACP, as they celebrate 100 years of service and sacrifice focused on finances, purchasing feed and/or even assist- lars in pledges and payments to meet the ing in ‘‘pulling’’ calves for cows struggling to Campaign goal. protecting the rights of minority citizens, thereby raising our nation upon a platform where deliver. Mary estimates that she has assisted In short, there is nothing Susan cannot do human rights and civil rights are protected for in over 1,000 calf deliveries to date. once she puts her mind to it. Susan Ritschel all. Not only has Mary Atsma-Cameron been an is a model citizen and in 2008 she worked excellent hands-on ‘‘dairyman’’, Mary has also f untiringly to improve the lives of San Clemente been a very active spokesperson and advo- seniors. She is held in high esteem by the city TRIBUTE TO RICHARD SHER cate for the dairy industry. Those who know of San Clemente, the business community and Mary best, confirm that she is passionate and the many people that she impacts everyday in HON. C.A. DUTCH RUPPERSBERGER outspoken when it comes to dairy issues. a positive way. OF MARYLAND Mary can be found continually urging local, Susan’s tireless passion for community IN THE HOUSE OF REPRESENTATIVES state and federal officials concerning policy service has contributed immensely to the bet- decisions affecting all dairy producers. From terment of the community of San Clemente, Friday, February 13, 2009 efforts to expanding the school milk programs California, and especially to the senior com- Mr. RUPPERSBERGER. Madam Speaker, I to addressing supply management issues, munity. I am proud to call Susan a fellow com- rise today to honor veteran broadcaster Rich- Mary has a lengthy resume of involvement. munity member, American and friend. I know ard Sher who is retiring from WJZ Television Mary is a member of Kings County that many community members are grateful after 33 years. Dairywomen serving as president in 1981–82. for her service and salute her as she receives Richard had a remarkable run in television She was a member of the National Dairy the much-deserved ‘‘2008 Citizen of the Year’’ news and worked as a news anchor and re- Board from 1994–2000 and was reappointed Award. porter in Baltimore. He anchored the popular in 2003 where she continues to serve. Mary

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.003 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E273 was the first, and thus far, the only woman di- Known to his many friends as ‘‘Bobby,’’ he their workforce are adversely affected by the rector to serve on the Board of Western was a lifelong resident of Citronelle. He grad- TWIC requirement, as the money employers United Dairymen Association. She has also uated from Citronelle High School and Spring pay for TWICs is money that cannot go into served as secretary of Dairy Management Hill College. He also served in the U.S. Army increasing their workers’ salaries. The costs of Inc., and as director of Dairy Council of Cali- and attained the rank of captain. the TWIC requirement may also cause some fornia from 1992–2004. Mary is presently on Bobby began his career in public service in employers to refrain from hiring new employ- the board of directors for the Kings County 1968 when he was elected to the Citronelle ees. Farm Bureau. Her awards include Kings Town Council. In 1970, he was appointed to Ironically, many of the employees whose County 2001 Agriculturalist of the year, the Citronelle’s Utility Board, which later became employers are unable to pay the TWIC are 2003 Woman of Distinction award by South Alabama Utilities. He served as chair- part-time or temporary workers at the lower Soroptomist International of Hanford, CA and man from 1972 until 1984 when he was end of the income scale. Obviously, the TWIC the 2003 Common Threads Honoree by Cali- named executive director, a position he held requirement hits these workers the hardest. fornia State University of Fresno. for more than 39 years. Under Bobby’s leader- According to Recana, an employer of port Mary is truly a remarkable woman; always ship, the local utility company encompassing workers in my district, the fee will have a ‘‘sig- persistent, always engaged. Mary is definitely one municipality grew to become one of the nificant impact’’ on port workers. the sort of advocate that the dairy industry most respected utilities in the South, expand- Unless Congress acts to relieve some of the needs on its side. So I congratulate Mary ing into Semmes, west Mobile County, and at economic burden the TWIC requirement Atsma-Cameron today on the receipt of this one time, southern Mobile County. places on those who work in the port industry, distinguished honor and to commend her be- In honor of his service and unwavering de- the damage done could reach beyond the port fore you, my colleagues, for her on-going con- votion to his city, Bobby was twice named employers and employees to harm businesses tributions the dairy industry of California, in- Citronelle’s Citizen of the Year. He was the that depend on a strong American port indus- deed, the nation. owner of two companies, Craft Auto Parts and try. This could be very harmful to both inter- f Craft Oil Company, and was a devoted mem- state and international trade. ber of St. Thomas Aquinas Catholic Church Regardless of what one thinks of the merits HONORING THE LIFE OF LOTTIE where he was a member for more than 70 of the TWIC card, it is simply not right for FOX years. Congress to make the port industry bear all Madam Speaker, I ask my colleagues to join the costs of TWIC. I therefore urge my col- HON. TRAVIS W. CHILDERS me in remembering a dedicated community leagues to stand up for those who perform OF MISSISSIPPI leader and friend to many throughout south vital tasks at America’s ports by cosponsoring IN THE HOUSE OF REPRESENTATIVES Alabama. Gilbert Robert Craft will be dearly the Tax Relief for Transportation Workers Act. Friday, February 13, 2009 missed by his family—his wife, Patricia; his f children, Gilbert Robert Craft Jr. and his wife Mr. CHILDERS. Madam Speaker, I rise CALL FOR CONGRESSIONAL INVES- Deena, Patricia D’Nette Fagan, and Matthew today with deep sadness by the passing away TIGATION INTO WHITE HOUSE Reed Craft and his wife Kirsten; his five of such a wonderful, spiritual, gentle, native POLITICIZATION OF THE CENSUS grandchildren, Tiffani Marie Craft, Joshua Mississippian, Mrs. Lottie Fox. Mrs. Fox just BUREAU celebrated, remarkably, her 104th birthday on Robert Craft, Blakely Danelle Fagan, Reed Al- Thursday, February 5, 2009. She was the old- exander Craft, and Raleigh Connell Craft; and HON. MARSHA BLACKBURN est of fifteen siblings. his three brothers, Joseph P. Craft, James B. Craft, and William M. Craft—as well as the OF Lottie was dutiful and diligent and contrib- IN THE HOUSE OF REPRESENTATIVES uted tirelessly as an agricultural farmer to her countless friends he leaves behind. native Calhoun County community for several Our thoughts and prayers are with them all Friday, February 13, 2009 years. Upon her retirement from farming, she during this difficult time. Mrs. BLACKBURN. Madam Speaker, yes- made Water Valley, Mississippi, her home for f terday we learned of two important develop- over 30 years. INTRODUCTION OF THE TAX RE- ments as the White House plans to grab con- Lottie was a devoted wife, mother, grand- LIEF FOR TRANSPORTATION trol of the day-to-day management of the U.S. mother, great-grandmother and great-great WORKERS ACT Census Bureau: (1) The U.S. Senate’s chief grandmother. She is survived by her daugh- committee on government oversight scheduled ters, Opeal Trice; Ella Harris; Army Wood- its first hearing of the year to investigate the ward; Bernice Minor; Molly Simmons; Dolly HON. RON PAUL matter; (2) Senator GREGG withdrew his name Fant; Catherine Brown; Rudy Swift; her son, OF TEXAS for the consideration of the Commerce Sec- Willie Fox and Step-daughters; Ella Coleman IN THE HOUSE OF REPRESENTATIVES retary position, citing ‘‘irreconcilable dif- and Lela Doolittle. Lottie is also survived by 47 Friday, February 13, 2009 ference’’ with the President on the future of grandchildren, 69 great-grandchildren and 14 Mr. PAUL. Madam Speaker, I rise to intro- the U.S. Census. These developments solidify what we al- great-great grandchildren. Lottie was also a duce the Tax Relief for Transportation Work- ready know: a political grab of the Census will proud and devout member of Everdale Baptist ers Act. This legislation helps those who work jeopardize the non-partisan operations of the Church. in the port industry cope with the costs of Madam Speaker, with distinct honor and Bureau, and potentially disrupt the completion complying with Congress’s mandate that all pride, I along with the citizens of both of a competent, reliable census. those working on a port obtain a Transpor- Yalobusha and Calhoun County, sadly mourn My Republican colleagues on the Energy tation Worker Identity Card, TWIC. The Tax the death of such an inspirational Mississip- and Commerce Committee unanimously joined Relief for Transportation Workers Act provides pian, as the 104 year old, Mrs. Lottie Fox. I my call for an oversight hearing in the House. a tax credit to workers who pay the costs of want to personally thank her for her contribu- The Senate has heard our call. What do obtaining TWICs. The credit is refundable tions. Her memory will live on. House Democrats have to hide? Americans against both income and payroll tax liabilities. deserve a non-partisan and accurate census, f When Congress created the TWIC require- not one driven by partisan politics. Let’s hold ment, it placed the burden of paying the cost HONORING THE MEMORY OF a hearing and ensure that we give them that. GILBERT ROBERT CRAFT of obtaining the card on individual workers. Imposing the costs of obtaining TWICs on port f HON. JO BONNER workers has several negative economic im- RECOGNIZING THE FOUNDING OF pacts that Congress should help mitigate by OF ALABAMA THE BOY SCOUTS OF AMERICA making the cost associated with obtaining a IN THE HOUSE OF REPRESENTATIVES TWIC tax deductible. According to the Depart- Friday, February 13, 2009 HON. DANNY K. DAVIS ment of Homeland Security, a port worker will OF ILLINOIS Mr. BONNER. Madam Speaker, the city of have to pay between $100 and $132 to obtain IN THE HOUSE OF REPRESENTATIVES Citronelle and the state of Alabama recently a card. The worker will also have to pay a $60 lost a dear friend, and I rise today to honor fee for every card that is lost or damaged. Friday, February 13, 2009 Gilbert Robert Craft and pay tribute to his Even those employers whose employers pay Mr. DAVIS of Illinois. Madam Speaker, I memory. the substantial costs of obtaining TWICs for wish to take a moment to acknowledge the

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K13FE8.004 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E274 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 99th anniversary of the founding of the Boy While bipartisan legislation has attempted to LONG-TERM SOLUTION FOR LONG- Scouts of America. This organization, which address these challenges, it is clear that more TERM CARE was incorporated on February 8th, 1910, progress is required. We must act now. Ameri- under the laws of the District of Columbia, has cans should have confidence that the products HON. ADAM H. PUTNAM long been the largest youth organization in the they use are safe and will not pose any dan- OF FLORIDA nation and has done well in producing respon- gers to them or their families. The new Admin- IN THE HOUSE OF REPRESENTATIVES sible citizens of strong character. istration can make significant progress toward The Boy Scouts of America was rapid in its Friday, February 13, 2009 this goal by restoring the Office of Consumer initial growth; only two years after its founding, Mr. PUTNAM. Madam Speaker, with an Boy Scout troops were established in every Affairs to its rightful place in the Executive Branch. I strongly encourage President ever aging population, most families at one state. Time and time again the Boy Scouts of point or another are forced to make a decision America has proven its commitment to our na- Obama’s administration to do so, and I echo the New York Times and their call to action. regarding the future of a loved one who needs tion, with initiatives such as, ‘‘Every Scout assistance with everyday living. These deci- Feed a Soldier’’ and ‘‘A Good Turn for Amer- The editorial follows. sions are made upon few available options ica’’. The past 99 years have seen more than [From the New York Times, Jan. 4, 2009] and are very costly- many find themselves 112 million youth bear the traditions of excel- struggling between the high price of nursing lence rooted in the history of the Boy Scouts A VOICE FOR THE CONSUMER homes or informal family care. The financial of America. The time has come to give the American and emotional burden on families is vast and In the Chicagoland Area, Scouting is as consumer a much stronger voice in Wash- action such as the ‘‘Long-term Care Retire- prevalent of a force as it has always been. ington. President-elect Barack Obama has ment and Security Act of 2009’’ must be Currently, nearly 10,000 youth are actively in- already named what amounts to an energy taken. volved in the Scouting program of our local and environmental czar in the White House, Long-term care is a variety of services that council. In addition, through the Chicago Area and America’s beleaguered consumers de- includes medical and non-medical care to peo- Council’s involvement in Learning for Life Pro- serve no less. ple who have a chronic disability or illness. grams, over 35,000 additional youth are im- Mr. Obama should restore the White House This form of care may be provided at home, mersed as well in the principles of scouting. Office of Consumer Affairs, which vanished in the community, in assisted living or in nurs- Combining the two programs, nearly one in during the Clinton years, and appoint a di- ing homes. While long-term care is often used every seven youth in Chicago is in someway rector who has both the president’s ear and for the elderly, it is important to remember that involved in the Scouting program. the authority to rebuild the consumer pro- it could be needed at any age. I am sure that the spirit of Scouting is tection agencies that were undercut or It is important to note that families who present in this very body, as it has been in the hollowed out by the fiercely anti-regulatory choose to care for their loved ones are left re- past. A survey conducted by the Boy Scouts Bush administration. sponsible for otherwise costly services be- of America revealed that nearly 60 percent of There is no shortage of agencies ostensibly cause Medicare does not pay for long-term the membership of the 110th Congress had at designed to protect consumers. But without care. Adult children or grandchildren are cited some point participated in Scouting. an emergency like killer spinach or lead in I am grateful that the twin pillars of the as the main care givers to the elderly popu- children’s toys, the Bush administration has lation. According to research conducted by the Scout Oath and Scout Law have served to mostly failed to hear customers’ complaints. shape the character of both young men and American Association of Retired People The consumer safety net is simply far too (AARP), two-thirds of older people with disabil- women of all ages, colors, codes, and creeds. weak. With the continued contributions of the Boy ities relied solely on ‘‘informal’’ help; approxi- The Food and Drug Administration has Scouts of America and organizations like it, mately 75% of which was unpaid care from suffered cutbacks in expert personnel, and friends and family. The AARP Public Policy In- we can be sure that our youth are developing still relies too heavily on industry to police into good citizens. stitute reported that the annual economic itself. Credit-card holders who have been value of unpaid long-term care in the United f subject to all kinds of Dickensian tricks and States is approximately $354 billion, based IN SUPPORT OF RESTORING THE traps were finally told by the Federal Re- upon an estimation that 34 million adults pro- WHITE HOUSE OFFICE OF CON- serve that relief is in sight—in 2011. Not so vided some type of long-term care in 2006. long ago, there was only one official toy SUMER AFFAIRS It is time to address the growing needs of tester at the Consumer Product Safety Com- our aging population and motivate younger mission, and oversight generally was so HON. DEBBIE WASSERMAN SCHULTZ weak that Congress was forced to step in generations to take the necessary steps to- OF FLORIDA with new protections, which still could be ward insuring their long-term care needs. For this reason, I have reintroduced the Long-term IN THE HOUSE OF REPRESENTATIVES strengthened. Care and Retirement Security Act, H.R. 897. Friday, February 13, 2009 It will be up to the Obama administration This legislation would encourage individuals to bring these agencies back to life. In part to plan for their own long-term care needs by Ms. WASSERMAN SCHULTZ. Madam this means restoring the morale of govern- Speaker, over the past eight years, American ment workers who have too often been sty- amending the Internal Revenue Code to allow consumer safety has taken a back seat to the mied by the anti-regulators at the top. It a tax deduction for eligible long-term care in- special interests. As a result, many Americans will also mean stronger consumer protection surance premiums for a taxpayer and the tax- have been exposed to dangerous toys for their policies and hiring more skilled people. It payer’s spouse and dependents. This legisla- children, hazardous household products for will mean giving one official responsibility tion would also establish an applicable tax their families and even contaminated food, re- for coordinating the entire apparatus. credit for eligible caregivers caring for individuals with long-term care needs, multiplied by sulting in illness. Now is the time to support Presidents Johnson and Carter both recog- consumer advocates across the country by nized the need for a strong person to do that the number of individuals receiving care. The encouraging the new administration to restore job. Both chose Esther Peterson, who during Long-term Care and Retirement Security Act the White House Office of Consumer Affairs. about eight years in office pushed for then- would also permit long-term care insurance to Our country gave the government a clear radical ideas like nutritional labeling on be included in employee benefit cafeteria mandate for change in November. Without food and truth in advertising. As the Reagan plans and flexible spending arrangements, re- question, a new focus on consumer safety anti-government era began, the consumer sulting in more active employees participating should be part of this change. Under President protection job steadily lost clout until it was in long-term care policies. Finally, this long Clinton, consumers had an effective advocate shuttered in the late 1990s. overdue measure would establish consumer with a long record of commitment to protecting During his campaign, Mr. Obama promised protections based on the National Association consumers in Ann Brown, former Chairwoman consumers that he would help them get a of Insurance Commissioners’ recommenda- of the U.S. Consumer Product Safety Com- fairer deal. As the victims of lead toys and tions for qualified long-term care policies. mission. Unfortunately, staff cutbacks suffered predatory lenders can attest, they certainly It is my hope that this legislation will encour- by the Food and Drug Administration and the need one. Restoring the Office of Consumer age more Americans to take personal respon- U.S. Consumer Product Safety Commission Affairs and appointing a director as strong sibility for their long-term care needs through have undermined effective efforts to protect and capable as Mrs. Peterson would be an en- these incentives and help families afford long- consumers. couraging first step. term care insurance.

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.007 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E275 TRIBUTE TO MARTHA PUTNEY Anyone who knew Mr. Petty knew he loved Action Team Leader, Equal Opportunity Offi- playing the trombone. In addition to the Excel- cer, Sexual Assault Prevention and Response HON. ALCEE L. HASTINGS sior Band, which has marched the streets of Program Manager, and Staff Action Officer. OF FLORIDA downtown Mobile for over 100 years, he had Major Flowers was assigned to directly sup- IN THE HOUSE OF REPRESENTATIVES been the lead trombonist with the E.B. Cole- port Operation Enduring Freedom upon her man Orchestra and the C.T. Jazz Ensemble. transfer to OARDEC in November 2007. She Friday, February 13, 2009 He was a longtime member and former presi- has performed myriad tasks with ease includ- Mr. HASTINGS of Florida. Madam Speaker, dent of the Musicians Federation Union as ing ARB Case Research Officer, CRO, Lead I rise today to pay tribute and honor the life well as a veteran of the U.S. Army, where he Case Research Officer, and Tribunal Re- and legacy of Martha S. Putney, of Wash- also played in the band. corder. ington D.C. Mrs. Putney passed away Decem- Mr. Petty was a 1937 graduate of Dunbar Major Flowers’ professional military edu- ber 11, 2008, at age 92. High School and received his Bachelor of cation includes the Adjutant General Officer Mrs. Putney was one of the first black Science degree in history from Morehouse Advance Course, Combined Arms and Serv- women to serve in the Women’s Army Corps College in 1950. While he was at Morehouse, ices Staff School, and Command and General during World War II. She is also a renowned he played the trombone and was awarded the Staff College. She has applied to the Naval historian and made strong contributions to the Morehouse Service ‘‘M’’ in band for his out- War College. Her military decorations include African American history literature. standing performance. Mr. Petty was also a the Meritorious Service Medal, Army Com- Martha Settle was born in Norristown, Pa. retiree of the U.S. Postal Service. mendation Medal and the Army Achievement She attended Howard University in Wash- Madam Speaker, the Excelsior Band—and Medal. ington D.C. from which she earned a bach- Mobile Mardi Gras—will not be the same, and In keeping with one of the tenets that sus- elor’s degree in 1939 and a master’s degree I ask my colleagues to join me in remem- tains the Reserve Component, Major Flowers in history in 1940. bering this talented man. Robert C. Petty Sr. serves her community as a member of a 100 Martha encountered racial barriers when try- will be deeply missed by his family—his wife year old service organization, the Alpha Kappa ing to start a teaching career. Unable to find of more than 50 years, Gloria; his seven chil- Alpha Sorority. She is an 18-year employee of a job, she entered the government’s War Man- dren, Phyllis McArthur, Robert Petty Jr., Cyn- Lockheed Martin Corporation. She is married power Commission as a statistical clerk. In thia Taylor, Sharon Kuttner, Minda ‘‘Carol’’ to LTC Eric Flowers, who is currently deployed 1943 she was one of the first black women to Petty, Kenneth Petty, and Wendell Petty; his to the Horn of Africa, and they have one join the Women’s Army Corps, then less than 14 grandchildren, and his two great-granddaughter. a year old. In the Army, she experienced seg- children—as well as the countless friends he Major Shelia Flowers is being promoted to regation and racial discrimination. leaves behind. Lieutenant Colonel today, and I would like to In 1946, Martha Putney left the women’s Our thoughts and prayers are with them all extend her my congratulations on the floor of Army Corps with the rank of first lieutenant. at this difficult time. the United States Congress and thank her for She married William M. Putney in 1948. She f an exemplary record of service to our nation. eventually began her dreamed teaching career The United States—and my home state of after earning a doctorate in European history HONORING MAJOR SHELIA FLOW- Georgia—are proud of Lieutenant Colonel from the University of Pennsylvania in 1955. ERS FOR HER PROMOTION TO Flowers’ commendable professional com- She became a history teacher at Bowie State LIEUTENANT COLONEL IN THE petence, sound judgment, and total dedication College in Maryland, where she chaired the UNITED STATES ARMY RESERVE to duty. She has reflected great credit upon history and geography department until 1974. herself and upholds the highest traditions of She then taught at Howard University in HON. PHIL GINGREY the United States Army Reserve. I wish Shelia Washington D.C. until 1983. OF GEORGIA and her husband all the best in their future en- Dr. Putney wrote ‘‘Black Sailors: Afro-Amer- IN THE HOUSE OF REPRESENTATIVES deavors, and I thank them once again for their ican Merchant Seamen and Whalemen Prior Friday, February 13, 2009 leadership in serving our nation. to the Civil War,’’ in 1987 and ‘‘When the Na- f tion Was in Need: Blacks in the Women’s Mr. GINGREY of Georgia. Madam Speaker, Army Corps During World War II’’ in 1992. I rise today to honor a fellow Georgian, Major PERSONAL EXPLANATION She also published a number of scholarly arti- Shelia Flowers. Major Flowers hails from cles on African American history. Robersonville, North Carolina. In 1987, she HON. KAY GRANGER graduated from North Carolina Agricultural and Madam Speaker, Mrs. Putney was an out- OF TEXAS Technical State University with a bachelor’s standing mother, soldier, teacher and author. I IN THE HOUSE OF REPRESENTATIVES know the Members of the House will join me degree in Business Administration. After grad- Friday, February 13, 2009 in expressing our sincere condolences to Mrs. uating, she was commissioned a Second Lieu- Putney’s son, William M. Putney Jr. On behalf tenant and attended the Adjutant General Offi- Ms. GRANGER. Madam Speaker, on rollcall of Congress, I thank Mrs. Putney for her great cer Basic Course at Fort Benjamin Harrison, No. 57, I was absent from the House. Had I contributions to our nation and for her role in Indiana. been present, I would have voted ‘‘nay.’’ educating our children. Major Flowers has held numerous chal- f lenging positions throughout her 21 years of f service in the Army Reserve. Her assignments HONORING THE MEMORY OF ALA- HONORING THE MEMORY OF THE as a drilling reservist have included: (1) Serv- BAMA STATE SENATOR W.H. MR. ROBERT C. PETTY SR. ing as a Civil Affairs Officer with the 407th ‘‘PAT’’ LINDSEY Civil Affairs Company at Fort Snelling, Min- HON. JO BONNER nesota; (2) Platoon Leader with the 342nd Ad- HON. JO BONNER OF ALABAMA jutant General Postal Company in Rome, OF ALABAMA IN THE HOUSE OF REPRESENTATIVES Georgia; (3) and a Lanes Training Observer IN THE HOUSE OF REPRESENTATIVES Controller with the 1st Battalion of the 347th Friday, February 13, 2009 Regiment located at Fort Gillem, Georgia. Friday, February 13, 2009 Mr. BONNER. Madam Speaker, the city of While in her last drilling assignment, Major Mr. BONNER. Madam Speaker, the state of Mobile and indeed the entire state of Alabama Flowers earned a Master of Science degree in Alabama recently lost a dear friend, and I rise recently lost a dear friend, and I rise today to Conflict Resolution from Kennesaw State Uni- today to honor Alabama State Senator W.H. honor him and pay tribute to his memory. versity. ‘‘Pat’’ Lindsey and pay tribute to his memory. Robert C. Petty Sr. was a musical legend in In 2003, she was mobilized in support of Considered by many to be a living legend in Mobile. Operation Noble Eagle/Enduring Freedom and Alabama politics, Sen. Lindsey was one of the As the senior member of Mobile’s Excelsior has spent the last six years of her career on most powerful members of the Alabama Sen- Band, Mr. Petty spent more than 50 years with active duty. Her parent command is the U.S. ate. At the time of this death, he held the sec- the band, performing its Dixieland and conven- Army Reserve Command Headquarters at Ft. ond longest active tenure in the state Senate. tional jazz in local Mardi Gras parades, at McPherson, Georgia. While mobilized to active Born in Meridian, Mississippi, Sen. Lindsey many Mobile weddings, and other special city duty, she served in the G–1 Directorate in graduated from Choctaw County High School, events. support of Operation Noble Eagle as a Crisis where he was a five-year letterman in football,

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.010 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E276 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 basketball, and baseball. He received his than those affected by Autism or Down Syn- CONGRATULATING GEORGE Bachelor of Science degree in geology from drome. According to the March of Dimes, con- WERNETH ON THE OCCASION OF the University of Alabama. He served in the genital heart defect is the number one birth HIS RETIREMENT FROM MO- U.S. Army and Army Reserves from 1958 until defect. In the U.S. alone, more than 25,000 BILE’S PRESS-REGISTER 1963 and in the Alabama Army National babies are born each year with a defect, many Guard’s 156th Military Police Battalion from of which are undetected and life threatening. HON. JO BONNER Chances are that you or someone you 1963 until he retired with the rank of captain OF ALABAMA in 1972. In 1963, he graduated from the Uni- know, including my family, has been affected IN THE HOUSE OF REPRESENTATIVES versity of Alabama School of Law and, just by a similar circumstance. Although it is a dif- three years later, was elected to the Alabama ficult and fearful process, there are a lot of Friday, February 13, 2009 Senate and served two terms until 1974. families in our community who have been Mr. BONNER. Madam Speaker, it is with Sen. Lindsey returned to the Alabama Sen- through it and are willing to offer their support. both pride and pleasure that I rise today to ate in 1990 and was reelected in 1994, 1998, In South Florida, we are fortunate to have the honor George Werneth on the occasion of his 2002, and 2006. He was a longtime member Holtz Children’s Hospital, where our son retirement from Mobile’s Press-Register. of the Senate Judiciary Committee and was Cristian was treated for a serious heart condi- Over the course of his career, George has well known for questioning his fellow law- tion, among other incredible hospitals. While played an influential role in honoring the serv- makers on how their bills would affect every- good medical care is critical, it is also impor- ice and actions of our nation’s servicemen and day people. With his background in geology, tant to have a strong support group. Hospitals women. After nearly four decades of reporting Sen. Lindsey was regarded by his colleagues often offer guidance in getting families in issues ranging from maritime operations to as an expert on oil and natural gas exploration touch, and there is also the Angel’s Pediatric military news, George has become the trusted and was often sought out by his colleagues for Heart House, which focuses on helping the voice for the news of Alabama’s veterans. his advice on related legislation. entire family cope with the diagnosis. Families In honor of his efforts, George was recently Described by the Choctaw Sun-Advocate as affected by heart disease do not have to feel made an honorary member of the Marine a ‘‘champion of education,’’ Sen. Lindsey was alone, because they are not. Corps League at the American Legion Post 88 well-known for his ‘‘staunch support, both fi- f in Mobile. One of George’s latest accomplish- nancial and otherwise, of K–12 and the col- OREGON’S NATIVE AMERICANS ments was a series of stories he wrote lege level education.’’ He played a key role in profiling a veteran from Eight Mile, Alabama, securing funds for the construction of the li- DURING THE SESQUICENTENNIAL ANNIVERSARY OF OREGON who struggled to receive disability care after brary and adult education center at Alabama having been ‘‘waterboarded’’ in a 1975 Navy Southern Community College in Gilbertown. At survival course. Due in large part to George’s the opening of the W.H. ‘‘Pat’’ Lindsey Library HON. DAVID WU spotlight highlighting the oversight, the veteran OF OREGON and Adult Education Community Center in soon received his benefits. IN THE HOUSE OF REPRESENTATIVES March of 2005, Sen. Lindsey told the crowd, Madam Speaker, George Werneth’s distin- ‘‘There are two things that I have a passion Friday, February 13, 2009 guished career in journalism has provided a for: kids playing ball and libraries. I’ve had Mr. WU. Madam Speaker, on February 14, great service to the people of southwest Ala- other things named for me in other places, but 2009 we will mark the 150th anniversary of bama, and I know his colleagues, family, and this means more because this is home.’’ Oregon’s admission to the Union. We have friends join with me in praising him for his Beginning in 1993, Sen. Lindsey served for much to reflect upon and celebrate since Or- years of hard work. 12 years on the board of trustees of the Uni- egon became the 33rd state. As we com- George will surely enjoy the well deserved versity of South Alabama and, in that capacity, memorate this occasion, I would like to high- time he now has to spend with family and he was instrumental in helping to improve the light the role of Indian tribes in Oregon. loved ones. On behalf of a grateful commu- university’s academic and healthcare mis- We must not forget the original inhabitants nity, I wish him the best of luck in all his future sions. He was a member of the Alabama Bar of what we now call Oregon. Native Ameri- endeavors. Association, the American Bar Association, the cans have been living in this region for well f Choctaw County Chamber of Commerce, and over 12,000 years. During this time tribes de- the University of Alabama Alumni Association. veloped strong cultures and economies, many INTRODUCTION OF THE ILLEGAL, Sen. Lindsey had also represented both the of which were well documented first via oral UNREPORTED, AND UNREGU- Choctaw County Commission and the town of histories, and later by white settlers. Many of LATED FISHING ENFORCEMENT Butler as chief legal counsel since 1965. the tribes were formally recognized by the ENHANCEMENT ACT OF 2009 Madam Speaker, I ask my colleagues to join United States when treaties were signed in me in remembering a dedicated community 1855, four years before Oregon became a HON. MADELEINE Z. BORDALLO leader and friend to many throughout Ala- state. OF GUAM bama. Senator W.H. ‘‘Pat’’ Lindsey will be We must not attempt to overlook the loss of IN THE HOUSE OF REPRESENTATIVES dearly missed by his family—his son, Patrick lives, culture, and well-being that tribes have Friday, February 13, 2009 Lindsey; his daughter, Lori Champion and her experienced during the last several hundred husband Jamey; his sister, Kay Kimbrough; years. However, what we can do, and must Ms. BORDALLO. Madam Speaker, today I and his two grandchildren, Kate and Sophie— do, is remember and celebrate the first Orego- have introduced a bill to strengthen enforce- as well as the countless friends he leaves be- nians; their history before Oregon; and their ment mechanisms to stop illegal, unreported, hind. cultural, economic, and political contributions and unregulated (IUU) fishing. The difficulties Our thoughts and prayers are with them all during the last 150 years. of managing fish stocks that migrate across during this difficult time. Nine federally recognized tribes exist in Or- political boundaries are exacerbated by the in- f egon. Each tribe has its own history that is creased fishing power now available as a re- CREATING AWARENESS ABOUT interwoven with the history of Oregon. Today sult of modern technology. While the United HEART DISEASE many tribes are experiencing economic devel- States is recognized for its commitment to do- opment and cultural revitalization through self- mestic fisheries conservation and as an inter- determination. For others, more work needs to national voice in science-based ocean con- HON. MARIO DIAZ-BALART be done. Poverty in Indian country continues servation, the failure of other nations to adopt OF FLORIDA to be greater than in the rest of the United similar approaches has both economic and IN THE HOUSE OF REPRESENTATIVES States. But as we move into the next 150 conservation implications for U.S. industry and Friday, February 13, 2009 years of Oregon’s history, it is my hope that management. Additional action is needed from Mr. MARIO DIAZ-BALART of Florida. the federal government, the state of Oregon, Congress if we are to be successful in com- Madam Speaker, In an effort to create aware- and the tribes can work together to improve bating IUU fishing and the depletion of fish ness about an issue that hits close to home, the lives of tribal members and others in their stocks worldwide. I want to share with you that February 7–14th communities. Recent reports have documented that IUU is National Congenital Heart Defect Aware- So on the occasion of Oregon’s sesqui- fishing accounts for between 11 and 19 per- ness Week. centennial, I recognize the Indian tribes for cent of the reported global fish catch, or $10– It is a little known fact that the number of their historical, cultural, political, and economic 25 billion in gross revenues each year children affected by heart disease is higher contributions to the state of Oregon. (MRAG, 2005, Sumaila et al., 2006 and

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K13FE8.008 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E277 Agnew et al., 2008). This undermines the IUU fishermen are ‘‘free riders’’ who benefit With all of these professional accomplish- United States’ conservation focused approach unfairly from the sacrifices made by U.S. fish- ments, Mr. Grant’s deep commitment to the to fisheries management and the efforts of its ermen and others for the sake of proper fish- community was unparalleled. Mr. Grant was a fishermen, and has implications for sustain- eries conservation and management. I look philanthropist who cared deeply about youth able international fisheries that benefit the forward to working with my colleagues on both and education. He regularly provided volunteer world’s marine ecosystems. Unsustainable sides of the aisle to advance this important bill services as a board member to entrepre- fishing practices by foreign fishing fleets ad- through the legislative process. neurial and youth focused not-for profit organi- versely affect stocks that migrate between the f zations such as the Marcus Foster Edu- U.S. Exclusive Economic Zone (EEZ) and the cational Institute, Oakland African American high seas. This problem can be particularly HONORING RALPH GRANT Chamber of Commerce, Eddie Walker Memo- acute in places like Guam, where the EEZ is rial Scholarship Fund, Donald McCullum Youth vast, and where the United States Coast HON. BARBARA LEE Court and the Oakland Private Industry Coun- Guard, despite its best efforts, will never have OF CALIFORNIA cil. With all of these activities, one of Mr. sufficient resources to patrol all of our waters. IN THE HOUSE OF REPRESENTATIVES Grant’s favorite pursuits was coaching in the There are many ways to address the issue Friday, February 13, 2009 Oakland Metropolitan Babe Ruth Baseball of IUU fishing, including depriving fishers of League, and he often joked that this occupied the economic benefits of illegal fishing, in- Ms. LEE of California. Madam Speaker, I his ‘‘spare time.’’ creasing leverage on nations to effectively rise today to honor the extraordinary life of Mr. Several years ago I had the opportunity to monitor and control their fishing vessels, and Ralph Grant. An Oakland icon, loving father, work with Ralph to take the team to Cuba. My building capacity for enforcement and good husband, friend, and compassionate soul, he official duties prevented me from going, but governance in developing countries, all of will be dearly missed by all who knew him. Ralph and I enjoyed many conversations which were addressed with the 2006 reauthor- Ralph passed away on February 2, 2009. about his experience in Cuba. He was truly a ization of the Magnuson-Stevens Fishery Con- Ralph was my accountant but, more impor- Renaissance man who had dreams and servation and Management Act (MSA). The tantly, he was my friend; he was my brother. worked to make them come true. January 13th release of the National Oceanic Like many, I could totally trust him with my pri- Ralph showed us how to live life to its fullest and Atmospheric Administration’s (NOAA) bi- vate business and I benefitted from his ‘‘tough and he showed us how to die with dignity and ennial report to Congress of identified IUU na- love.’’ As his client, he gave me solid advice with grace. For that we are deeply grateful. Al- tions was a positive first step in addressing on my personal matters. My former company, though we will miss him in our daily lives, his IUU fishing. Notwithstanding these and other the W.C. Parish Co., Inc., survived many ups spirit will be kept alive by embracing his man- efforts by NOAA, the Department of State, and and downs thanks to Ralph’s genius, his pa- tle of service, mentorship, strength, commit- the United States Coast Guard, further en- tience and his wise counsel. ment and compassion. forcement authorities could enhance the ability Mr. Grant was a graduate of McClymonds Today, California’s 9th Congressional Dis- of these agencies to address IUU fishing. High School in Oakland, CA. His educational trict salutes Ralph Grant, honoring his incred- The ‘‘Illegal, Unreported, Unregulated Fish- experiences included earning both his Bach- ible life and inspiring legacy. We thank his ing Enforcement Enhancement Act of 2009’’, elor of Arts (Accounting) and Masters of Busi- family for sharing this amazing human being which I have introduced today, will further en- ness Administration (MBA) degrees from San with us, especially his wife, Gloria Grant, his hance the enforcement authority of NOAA and Francisco State University, and his Doctor of two children, Casey Grant and Kimberley Hen- the United States Coast Guard to regulate IUU Jurisprudence (JD) degree from Golden Gate derson, his son-in-law Lee Henderson, and a fishing. This bill would amend the High Seas University. host of additional family members and friends. Driftnet Fishing Moratorium Protection Act Mr. Grant’s professional accomplishments May the Grace of God reassure his family that (HSDFMPA) and other international and re- are extremely impressive and span the areas his soul is resting in eternal peace. gional fishery management organization of law, accounting, taxation, investment bank- f (RFMO) agreements to incorporate in them ing, real estate, and professorship. Mr. Grant the civil penalties, permit sanctions, criminal was a J.D. as well as a CPA. He founded TRIBUTE ON THE 100TH YEAR offenses, civil forfeitures and enforcement sec- Grant & Smith, LLP, a certified public account- PASSING OF GOYATHLAY tions of the MSA. It would also strengthen the ing and management-consulting firm, located ´ enforcement authority of NOAA and the United in Oakland, California which has serviced the HON. RAUL M. GRIJALVA States Coast Guard to inspect conveyances, San Francisco Bay Area for over thirty years. OF ARIZONA facilities, and records involving the storage, Prior to establishing Grant & Smith, LLP, IN THE HOUSE OF REPRESENTATIVES processing, transport and trade of fish and fish Mr. Grant’s professional experiences included Friday, February 13, 2009 products, and to detain fish and fish products five years as an Internal Revenue Service Mr. GRIJALVA. Madam Speaker, I rise for up to five days while an investigation is on- Agent with the United States Treasury Depart- today to commemorate the 100th year passing going. ment, and three years as an instructor in tax- of Goyathlay. In addition, this bill makes technical adjust- ation and small business management at San Goyathalay or Goyaale´, also known as Ge- ments to allow NOAA to more effectively carry Francisco State University. He was also a real ronimo, was a Chiricahua Apache leader that out current IUU identification mandates, in- estate broker, an officer of RVS Realty & leader that led the Apache people through cluding extending the duration of time of iden- Mortgage Corporation, and a member of RVS some of the roughest times they would experi- tification of violators from the preceding two Investment Advisors of California, LLC, a reg- ence. years to the preceding three years. This bill istered investment advisory firm. Goyathlay is a strong figure in the history of also broadens data sharing authority to enable Mr. Grant was licensed with the California the Apache people. He was considered by NOAA to share information with foreign gov- State Bar, the California State Board of Ac- many a great spiritual and intellectual leader ernments and to clarify that all information it countancy, the Supreme Court of the State of and is recognized throughout the country as a collects may be shared with international orga- California, the United States Tax Court, Cali- military leader during the late 1800s. nizations and foreign governments, particularly fornia Department of Insurance, and the Cali- On this anniversary Apache Tribes from Ari- for the purposes of conducting enforcement. fornia Department of Real Estate. Mr. Grant zona, New Mexico, and Oklahoma will join in These amendments promote the conservation also passed the Series 7 and 66 examina- San Carlos, Arizona to begin a healing proc- and sound management of fish stocks inter- tions. ess. nationally and in a manner that is consistent Mr. Grant’s organizational affiliations in- Next week’s gathering will be a search for with the expectations placed on U.S. fisher- cluded memberships with the National Asso- answers for some and a healing for others. men. ciation of Black Accountants, American Insti- For all present it will be a reflection of what Finally, this bill would establish an inter- tute of Certified Public Accountants, California the Apache people endured and the strength national cooperation and assistance program Society of Certified Public Accountants and that lies within them. The Apache have over- to provide funding and technical expertise to Charles Houston Bar Association. Mr. Grant come great adversity, but they are strong as other nations to help them address IUU fish- was elected to and served as the 2004–2005 a culture, as a people and in what their future ing. It authorizes $5 million annually from 2010 Western Region Representative and San holds. to 2015 to carry out this program oriented to- Francisco Bay Area Chapter Director for the The Apache people are working to connect wards establishing a coordinated and effective National Association of Black Accountants Di- families, tribal members, and communities that global system to combat IUU fishing. vision of Firms. were separated while Goyathlay was alive.

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K13FE8.010 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E278 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 Goyathlay was a strong believer in the sov- Familian Lujan and Familian Untalan. Today, for the Advancement of Colored People ereignty of his nation, a struggle he had regu- these genealogies provide accurate histories, (NAACP) since 1983, He has also held office larly with the representatives of the US Gov- not only of the families of which Juan on the regional level, representing 20 NAACP Pangelinan was a part of, but also of the com- branches in Massachusetts, New Hampshire, ernment at the time that did not understand Maine, Rhode Island and Vermont. the Apache ways or homelands. munities of Agana, Agana Heights, Anigua, His affiliations are numerous as he has Madam Speaker, I would hope that our Sumay and other villages on Guam. served on boards of directors for the Greater country has learned and corrected its ways My thoughts and prayers are with his sur- New Bedford YMCA, the Salvation Army of since the passing of Goyathlay. That we as a viving siblings Sister Mary Alma, RSM, and New Bedford, United Front Housing, South nation commit to ensuring families are kept to- Luisa and Antonio, his children, Frank, Toni, Shore Minority Business Circle, People Act- gether, not separated. And that we as a nation Tita, Loling, John, Gerianne, and Joseph and ing in Community Endeavors, New Bedford Historical Society, South Center Community do not negate the culture and tradition of oth- his grand children and great grand children. We honor his life’s work as a civic leader and Development Corp. and New Bedford Eco- ers. nomic Development Council, among many I believe that we all join with the Apache his contributions to our community. Most of all, others. people in working to find answers and heal. he will be remembered by many as a gen- Prior to his retirement, he was plant engi- I commend the Apache people for their erous and giving man. We are grateful for his neer at both New Bedford High School and strength and work in uniting. We must care for public service and we will miss him dearly. later at Greater New Bedford Regional Voca- our elders and provide them peace. We must f tional Technical High School. Previously, he was employed with IBM and at the Job Corps remind our children of our past and educate LEE V. CHARLTON PRESENTED Center of New Bedford. He served for eight them to pursue a just future of respect and to WITH THE MARTIN LUTHER KING years in the United States Air Force in civil not allow atrocities to occur anywhere. JR. DISTINGUISHED SERVICE engineering in the field of steam engineer- f AWARD ing, HVAC and plumbing. He has earned numerous professional and RECOGNIZING THE LIFE AND PUB- community awards in recognition and appre- LIC SERVICE OF JUAN LUJAN HON. BARNEY FRANK ciation of his service and contributions, es- PANGELINAN OF MASSACHUSETTS pecially in the arena of social justice. IN THE HOUSE OF REPRESENTATIVES A native of West Virginia, he is the hus- Friday, February 13, 2009 band of Francisca (Britto) Charlton. They HON. MADELEINE Z. BORDALLO have two children, Kenneth L. Charlton, and OF GUAM Mr. FRANK of Massachusetts. Madam Karen L. Charlton, and a great-grandchild, IN THE HOUSE OF REPRESENTATIVES Speaker, while I very much enjoyed attending Lee V. Charlton II. Mr. Charlton is a grad- the Democratic Retreat and found it very valu- uate of Huntington High School in Hun- Friday, February 13, 2009 able, it did have one downside for me: It tington, WVa, the Steam Engineering/ Ms. BORDALLO. Madam Speaker, I rise meant that I had to miss the ceremony held at Utilitiesman School of the United States Air today to honor the life and service of Juan the Public Library in New Bedford on Satur- Force and the United States Navy in Oxnard, Lujan Pangelinan, who passed away on Janu- day, February 7th, recognizing Lee V. CA; Customer Engineering School at IBM in Boston; and the Refrigeration/Air Condi- ary 23, 2009. Juan was a dedicated public Charlton for the great work he has performed tioning Services Engineers in Boston. servant who served as a Commissioner of on behalf of equality for all in Southeastern Agana Heights, an elected position now called Massachusetts, and indeed for all that he has LEE V. CHARLTON Mayor. done in a wide variety of ways to improve the Lee V. Charlton was born in Coalwood, Juan was born on May 18, 1922 to Fran- quality of life in the Greater New Bedford area. West Virginia, the son and grandson of bitu- cisco Borja and Natividad Lujan Pangelinan in In recognition of his leadership role, includ- minous coal miners. Charlton attended all- Anigua, a district of Hagatna, Guam’s capitol. ing his longtime presidency of the New Bed- black segregated schools until 1956 when he Experience he gained working with his family ford branch of the NAACP, his work in the transferred from Frederick Douglass High School to his neighborhood school, the pre- businesses in Sumay, the pre-war economic YMCA, his efforts on behalf of United Front Housing, the leadership he has shown in our dominantly white, Huntington High School center of Guam, paved the way for his entre- in Huntington, West Virginia. Charlton made preneurial spirit and establishment of his own community action agency, People Acting in local history by being the first African to commercial ventures after World War II. Community Endeavors, and many other areas, show up and play for the school’s football He co-founded Kotla’s Store, and as one of he was presented with the Martin Luther King team. While stationed in at Keno Air Force the island’s first village retail stores, Kotla’s Jr. Distinguished Service Award by Bridge- Station in Klamath Falls, Oregon, Charlton Store prospered for over forty years as a com- water State College at this year’s Martin Lu- and two other airmen from Kingsley Field munity corner store and laundromat. He estab- ther King Breakfast. I very much regret the requested the assistance of the local NAACP. lished the ‘‘Villa Kotla’’ where many of his fam- fact that the Inauguration of our new President The Klamath Falls Branch of the NAACP also kept me from attending that event, be- met in private homes and was at least 60% ily members reside today. He was known for white. The Klamath Falls Branch inspired using his personal resources to help families cause I would very much have liked to have been there to pay a very well-deserved tribute Charlton to ‘‘pay back the support when- in his village during their time of need. ever possible.’’ Charlton was quoted as say- to Lee Charlton. As a Member of Congress For his commitment to his village, the coming ‘‘because the NAACP and the state of Or- munity of Agana Heights elected Juan as representing New Bedford since 1993, I have egon upheld my civil rights, while the mili- benefitted enormously from Lee Charlton’s Guam’s first write-in village commissioner in tary denied three career airmen the right to commitment, wisdom and thoughtful approach 1952 and re-elected him to four consecutive wear their military uniforms to the discrimi- to public policy. four-year terms. As the elected leader of his nation hearing. I will forever grateful and in- Madam Speaker, as a dedicated public debted to the cause of the NAACP. village, Juan avidly involved himself in various servant, serving as plant engineer at New Charlton’s expressed indebtedness to the community organizations. He founded the Bedford High School and the Greater New NAACP proved to be no idle declaration. Agana Heights Drum and Bugle Corps, Major- Bedford Regional Vocational Technical High Charlton served as 2nd Vice and 1st Vice ettes and Armed Drill Team to provide the School, and as a citizen activist, Lee Charlton President from 1978–1982. In 1983 Lee V. youth of the village the spirit and pride of com- Charlton began the first of twelve consecu- has been a source of strength on whom oth- tive terms of President of the New Bedford munity. In the aftermath of the devastation of ers have relied. Super typhoon Karen in 1962 Juan helped in Branch, twenty four years of stellar leader- It is entirely fitting that he was given the ship to the organization that he held so dear finding shelters for families whose homes Martin Luther King Award, and that the people to his heart. In addition to service to the were destroyed. of his home city of New Bedford honored him New Bedford Branch, he has served in numer- Juan’s community spirit extended beyond on February 7th. Lee Charlton is an example ous capacities with the NAACP New England his village as a member of the Helping Hands of the kind of citizenship we should be pro- Area Conference of Branches. This including of Guam, the Young Men’s League of Guam, moting and I ask that the information about being elected three times as 1st Vice Presi- the Agana Heights Holy Name Society, and Mr. Charlton and the award he won be printed dent to NEAC/NAACP. His contributions and the Agana Heights Association. Juan retired here. impact have been realized throughout the re- after thirty years of dedicated public service to gion. During those twenty four years THE MARTIN LUTHER KING JR. DISTINGUISHED Charlton served with distinction, raising the our island community. SERVICE AWARD stature, stability, and accomplishments for With a passion for family genealogy, Juan MR. LEE V. CHARLTON and through the Branch. published two books, Familian Kotla and Mr. Charlton has been president of the New In 1996, Lee Charlton joined with former Familian Haniu and began working on Bedford branch of the National Association City Councilor, George Rogers to move the

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.016 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E279 City of New Bedford to pay proper tribute to Army SGT Jose E. Ulloa, who lost his life trag- My thoughts and prayers are with his wife one its greatest historical figures, the slave ically in Sadr City on August 9, 2008, in sup- Marion, their children, Colleen, Maureen, abolitionist, feminist, and champion of uni- port of Operation Iraqi Freedom. We also Shannon, Kerry, Tim, Erin, Megan, and Joey versal human rights, Frederick Douglass, shared the grief of Hurricanes Gustav and and their extended family and friends. We who formerly lived in New Bedford. Charlton and Rogers were instrumental in getting a Hanna, the deadliest storms of the 2008 hurri- honor his life’s work as a journalist and his marvelous monument to Frederick Douglass cane season, along with hurricanes Ike and contributions to our community. Most of all, he erected in front of City Hall. More than Fay responsible for approximately 14 deaths will be remembered by many as a gifted writer erecting the monument, the effort served to and the displacement of more than 20,000 who had an enormous impact in our island bring greater attention and awareness of people in the Dominican Republic. community. We are grateful for his contribu- people of New Bedford to the historical con- The Dominican people are known to triumph tions and we will miss him dearly. tributions of New Bedford’s people of color. in the face of tragedy. They first began their To enhance his effectiveness as President of campaign for the independence of the Domini- the NAACP Carlton has volunteered to serve f on many community executive boards or can Republic in 1831 under the leadership of Committees. The following is a partial list: Juan Pablo Duarte, who formed a secret soci- RECOGNIZING THE FOOD BANK OF Chairman; New Bedford Title I Parents Advi- ety named The Trinity. Thirteen years later, he CENTRAL AND EASTERN NORTH sory Council, Moby Dick Boy Scouts/OLOA succeeded in commanding a decisive uprising, CAROLINA Church; Chairman, webelo Leader, Scout- which resulted in independence for the Domin- master, Executive Boards; SouthCoast ican Republic. After the long and hard cam- HON. G.K. BUTTERFIELD YMCA, Salvation Army, People Acting in paign for freedom had ended, a ceremonial Community Endeavors (PACE), United Front musket shot fired on February 27, 1844, OF NORTH CAROLINA Homes Board of Directors, New Bedford Eco- IN THE HOUSE OF REPRESENTATIVES nomic Development Council, Cooperator marked the Dominican Republic’s first official Independence Day. Compass Bank, Garden Of Peace (Boston), Friday, February 13, 2009 New Bedford District Wide School Improve- Madam Speaker, I ask that you and my dis- ment Council, South Central Community De- tinguished colleagues join me in marking this Mr. BUTTERFIELD. Madam Speaker, I rise velopment Corporation, First Vice Presi- celebration of not just the independence and to recognize the dedication and labors of the dent; South Shore Minority Business Circle. triumphs of the Dominican people, but also the people at Greenville branch of the Food Bank f invaluable impact that this small island nation of Central and Eastern North Carolina. The has had on our country and the world. Greenville branch of the Food Bank has dis- TRIBUTE TO DOMINICAN HERIT- f tributed more than 50 million pounds of food AGE MONTH ON THE 165TH ANNI- to people in 10 counties since 1999. While this VERSARY OF THE INDEPEND- HONORING THE LIFE AND reflects a tremendous amount of success and ENCE OF THE DOMINICAN RE- ACHIEVEMENTS OF JOSEPH C. effort, it also highlights the intensity of hunger PUBLIC MURPHY facing families in eastern North Carolina. The Food Bank of Central and Eastern HON. CHARLES B. RANGEL HON. MADELEINE Z. BORDALLO North Carolina was established in 1980 to pro- OF NEW YORK OF GUAM vide food to people at risk of hunger in 34 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES counties in central and eastern North Carolina. Friday, February 13, 2009 Friday, February 13, 2009 In 2006–07, the Food Bank distributed over 32.6 million pounds of food through 870 part- Mr. RANGEL. Madam Speaker, today I join Ms. BORDALLO. Madam Speaker, I rise ner agencies including soup kitchens, food with the hundreds of thousands of Dominican today to honor the life and achievements of pantries, shelters and afterschool programs for residents of my congressional district and Joseph C. Murphy, who passed away on Feb- children. across our Nation to commemorate February ruary 5, 2009. Joe will be remembered as a Nearly 30 percent of the people served by 27th, the 165th anniversary of the Dominican former editor of the Pacific Daily News and as the Food Bank’s network are children, and an- Republic’s Day of Independence. This celebra- a sharp-witted columnist. other 18 percent are elderly. Thirty-eight per- tion comes at the tail end of Dominican Herit- Joe was born on February 23, 1927, in Ap- cent of the families served are the ‘‘working age Month. pleton, Wisconsin. At the age of 17 he joined poor’’—people who work hard and still have to Dominican Heritage Month gives us the op- the United States Navy and spent a year in choose between eating and other basic neces- portunity to acknowledge and applaud the combat during World War II. He returned sities such as medicine and housing. economic, cultural, and social contributions home to finish high school and later obtained Even before this severe economic downturn, Dominican Americans have made to this great a degree in journalism from the University of families were struggling to put food on the nation. Dominicans living in our shores have Wisconsin at Madison. After graduation, Joe table. And as the crisis deepens, it is inten- been motivated by the value of hard work and worked as a reporter, editor and columnist in sifying the struggle for millions of Americans to the bonds of family—the same pillars of our Wisconsin, Oregon, and California before keep from going hungry. society that have built this great Nation for moving to Guam in 1965. over 230 years. Joe was the editor of the Guam Daily News, Food banks across the country are seeing It also gives us an opportunity to consider the precursor to the Pacific Daily News, a appreciable increases in requests at a time the many Dominican achievements, on the is- Gannett newspaper. He wrote an insightful when the U.S. Department of Agriculture re- land and in the United States. Many of our column called ‘‘Pipe Dreams’’ which made us ports that more than one in ten American hemisphere’s first institutions were established laugh, think and debate. His writings were ob- households are struggling to get enough food. on the shores of Quisqueya, including the first servations and musing on island life, our In the nation with the safest, most abundant cathedral and the oldest university. unique community, and local politics. food supply in the world, it is unconscionable Since the initial wave of Dominican migra- Over the years he developed the concept of that so many people go hungry. There is a tion in the 1960s to the most recent arrivals of ‘‘OOG’’, ‘‘Only On Guam’’, a phrase that be- moral obligation and a necessary responsibility today, Dominicans have worked hard to con- came synonymous with island life and oddities we have as Americans to ensure a strong tribute to our national identity, educating us all about our community. His humorous OOG country for future generations. I am proud that on their culture and traditions and enriching anecdotes were later consolidated into two the good people at the Food Bank of Central the quality of our shared futures. Their con- publications, Guam Is a Four Letter Word and and Eastern North Carolina have answered tributions can also be found in every facet of Son of a Four Letter Word. that call. U.S. life—from the many baseball stars in our Joe loved Guam and his columns often Madam Speaker, today I ask that my col- national pastime, to fashion legend Oscar de urged our community and our leaders to tackle leagues join me in celebrating and acknowl- la Renta to the thousands of professionals that the challenges of a developing island. He edging the efforts of the Food Bank of Central do battle as soldiers, doctors, lawyers, journal- often wrote retrospective pieces where he ob- and Eastern North Carolina, which embodies ists, educators, and public servants. served the progress and changes that our is- the essence of what we believe in: local citi- This past year, the Dominican community land has undergone since his arrival forty four zens and businesses pulling together to help and I shared the loss of our fallen soldier, years ago. solve a local problem.

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.017 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E280 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 THE INTRODUCTION OF THE KEEP three other officers. During his service in the Renewable energy has the potential to re- OUR PACT ACT Task Force, he took a subject who was ar- duce global warming pollution while also cre- rested for trying to solicit another officer and ating millions of green jobs, reducing our de- HON. CHRIS VAN HOLLEN turned this person into a confidential inform- pendence on foreign sources of energy, and OF MARYLAND ant. Using this information, he was able to spurring the technological development that IN THE HOUSE OF REPRESENTATIVES make several arrests of street-level drug deal- will fuel the global economy over the coming Friday, February 13, 2009 ers. From these arrests, he was able to ‘‘flip’’ century. some of them and arrest several suppliers. In 2007, new investment in clean energy Mr. VAN HOLLEN. Madam Speaker, it is Upon making his last arrest, he seized over technology worldwide increased 60 percent with a sense of urgency that I reintroduce the seven ounces of crack cocaine, as well as at over 2006, but vast markets remain untapped Keep Our Promises to America’s Children and least $5,000 in cash. Due to his diligence and and not included in the green economy. Over Teachers Act at the beginning of the 111th hard work, approximately nine mid-level deal- the next two decades, greenhouse gas emis- Congress. ers and suppliers were arrested, making our sions from developing countries are projected I offer the Keep Our PACT Act today to help streets safer. to grow at more than twice the rate of those meet the aspirations of our nation’s school For these reasons Officer Via deserves our in developed countries. Encouraging growth of children—and to help provide all of their gratitude and special thanks. renewable energy in developing countries re- teachers and schools with the resources they f duces the extent and likelihood that these need to help them achieve those aspirations. economies will follow a carbon-intensive, fossil Additionally, I offer this bill as a reminder to INTRODUCTION OF A RESOLUTION energy development path. It also opens a val- those of us in government of the importance CONCERNING MEMBERSHIP OF uable market for the clean energy companies of keeping our promises and of truly making THE UNITED STATES IN THE that developed economies will rely on for education a priority. INTERNATIONAL RENEWABLE growth over the coming century, a market that Put simply, the Keep Our PACT Act would ENERGY AGENCY American businesses and American workers put Congress on a fiscally responsible path to can benefit from. The International Renewable fully funding the No Child Left Behind Act and HON. EDWARD J. MARKEY Energy Agency will have the independence, the Individuals with Disabilities Act—on a OF MASSACHUSETTS credibility, and expertise necessary to assist mandatory basis, once and for all. IN THE HOUSE OF REPRESENTATIVES governments at the national, state, and local Madam Speaker, since 2002, Title I of level implement renewable energy policies and NCLB—the funding that goes to our highest- Friday, February 13, 2009 projects. need students—has been funded at $54.7 bil- Mr. MARKEY. Madam Speaker, I am intro- Other international energy agencies were lion below its authorized level. Currently, ap- ducing a resolution expressing the sense of formed to address narrow problems. The Inter- proximately 4.3 million students are not getting the House of Representatives that the United national Energy Agency (IEA): oil security and the extra Title I help they were promised. States seek membership in the International fuel supply disruptions. The International Furthermore, since IDEA’s reauthorization in Renewable Energy Agency because our en- Atomic Energy Agency (IAEA): nuclear pro- 2004, IDEA Part B has been funded at $20.3 ergy security, the health of our planet, and the liferation and safety. With the aid of institu- billion below its authorized level and funding strength of our economy have reached a crit- tional support, these energy resources be- has never reached even half of the 40 percent ical juncture. With volatile energy prices, emis- came foundations of modern economies. An average per pupil expenditure the government sions of heat-trapping gases continuing to International Renewable Energy Agency is originally promised states more than 30 years climb to dangerous levels, and the U.S. econ- needed to support the unique problems facing ago. omy in turmoil, two things have become clear. renewable energy: marketplace failures, polit- We need to keep our commitments to edu- First, a fundamental change is needed in the ical inertia, and information gaps. Our mem- cation, support our schools and provide all of way we generate and use energy here at bership in the organization will allow us to help our students with resources they need to suc- home. Secondly, the rest of the world must be shape the direction of this agency. To this ceed. also part of this new energy future. The reso- end, IRENA will: Madam Speaker, once again I am proud to lution I am introducing today calls for the make the Keep Our PACT Act the very first Support governments in drafting policies United States to seek membership in the Inter- and programs for the promotion of renewable piece of legislation I introduce this Congress. national Renewable Energy Agency (IRENA) Additionally, I want to thank my colleagues energy and energy efficiency measures. to address both of these challenges. Assist governments in conducting studies joining me as original cosponsors on this bill On January 26, 2009, 75 countries signed that analyze the potential of renewable ener- today. We pledge to stand for the fundamental the statute to establish IRENA, marking a gies and the appropriateness of different tech- values this bill represents and invite Members promising step towards international collabora- nologies. from both sides of the aisle to embrace those tion and mitigating climate change. This col- Provide long-term projections and scenarios values and get this bill passed. laboration was a good start, but the urgency of based on existing data and policy in order to f global warming and our dependence on fossil identify opportunities as well as gaps, barriers, TRIBUTE TO OFFICER JASON D. fuels require that we take the lead in the per- and failures in markets and policies. VIA manent international agency to drive the de- Organize training programs, information velopment and deployment of renewable en- campaigns, and courses for civil servants, sci- ergy in all countries, including ours. The entists, businesses, and non-government or- HON. STEVE AUSTRIA United States still has a chance to be a found- OF OHIO ganizations. ing member of the body if it signs on by April Supply curriculum for schools and univer- IN THE HOUSE OF REPRESENTATIVES 30th of this year. As a founding member coun- sities on relevant renewable energy topics. Friday, February 13, 2009 try, the United States would be eligible to Work with financial institutions to support in- Mr. AUSTRIA. Madam Speaker, I rise today nominate a Director General and bid to host novative financing mechanisms for renewable to congratulate Officer Jason D. Via, who was the IRENA headquarters on American territory. energy projects. named the 2008 Springfield Police Patrol- Despite the enormous strides renewable en- Develop international norms and quality man’s Association Patrolman of the Year. ergy and energy efficiency technologies have standards. Officer Jason D. Via began his career with made over the last several years, hurdles re- Gather and disseminate data, statistics, and the Springfield Police Division on November main to major and rapid scale-up on the level reports on renewable energy deployment, pol- 17, 2003. After completing his recruit training, needed to meet the world’s need for energy icy approaches, and technology development. he was assigned to the uniform patrol, where while also addressing global warming. IRENA The status quo is not working for America or he continues to serve today. He is an ex- is the first international organization to focus the planet. The environmental, energy, and tremely dependable, well respected officer solely on renewable energy and include a economic problems we are facing are largely who is a person his fellow officers and citizens broad constituency of industrialized and devel- due to a failed energy policy. The International can rely upon. Jason was nominated for the oping countries. It will provide the institutional Renewable Energy Agency represents an op- Patrolman of the Year Award for 2008 be- support needed to address the technological, portunity for America to change its energy cause of these exceptional traits. financial, informational, and policy barriers that path and confront global warming while rees- During 2008, Officer Via was selected to keep renewable energy and energy efficiency tablishing its leadership role and reputation in participate in the Safe Streets Task Force with technologies from reaching their full potential. the international community.

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.020 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E281 HONORING THE LIFE AND PUBLIC crowd of 40,000 people and depicts the Six- chase From People Who Are Blind or Se- SERVICE OF ALFRED SAN NICO- teenth President as Commander in Chief re- verely Disabled, with much assistance from LAS FLORES viewing the Union Army. This statue is a val- National Industries for the Blind (NIB) and ued part of the landscape of Spokane and NISH, which serves people with a wide range HON. MADELEINE Z. BORDALLO acts as a steady reminder of the trials our of disabilities. More than 650 local nonprofit OF GUAM country has faced and our ability to overcome agencies associated with NIB and NISH em- IN THE HOUSE OF REPRESENTATIVES them. ploy people who are blind or disabled to As part of their long and continuing efforts produce the quality products and offer the Friday, February 13, 2009 to preserve and celebrate our history, the Es- services authorized for sale to the federal gov- Ms. BORDALLO. Madam Speaker, I rise ther Reed Chapter of Daughters of the Amer- ernment under the ABILITYONE Program. today to honor the life and service of Alfred ican Revolution has organized a week long The ABILITYONE Program is a great illus- San Nicolas Flores, a former Guam Senator celebration to honor this great man. The cele- tration of a successful partnership that has the who passed away on February 6, 2009 at the brations will include several lectures by promi- ability to continuously grow with the changing age of 93. Alfred, known as ‘‘Davy Crockett’’ nent Lincoln historians, a concert, and an on- procurement environment within the federal to family and friends, was devoted to his com- going art show featuring Lincoln-related works. government. This is a Program that works for munity and will be remembered for his public Madam Speaker, I believe the dedication America. service and his love of farming. shown by the Daughters of the American Rev- f Born on June 20, 1916 to Jose Duenas Flo- olution and their ongoing efforts to celebrate res and Rafaela San Nicolas, Alfred was our leaders and history is worthy of recogni- PERSONAL EXPLANATION raised by his step-mother Margarita Flores in tion before this body. I invite my fellow mem- the village of Inarajan. He became a bers in joining with me to honor a past presi- HON. DEBBIE WASSERMAN SCHULTZ Lancheru, or ‘‘rancher,’’ farming his family’s dent’s birthday and the efforts by the Daugh- OF FLORIDA land and raising cattle. He later established ters of the American Revolution to observe it. IN THE HOUSE OF REPRESENTATIVES the Flores Poultry Farm which became a f Friday, February 13, 2009 major supplier of fresh eggs to Guam’s civilian and military communities. ABILITYONE, FORMERLY JAVITS- Ms. WASSERMAN SCHULTZ. Madam Alfred entered public service, first as an As- WAGNER-O’DAY, PROGRAM Speaker, on Tuesday, February 10, 2009, I semblyman in the Guam Congress, and later missed Rollcall Vote 55, Supporting the goals as a six term Senator in the Guam Legisla- HON. VIRGINIA FOXX and ideals of National Girls and Women in ture. He promoted agriculture by establishing OF NORTH CAROLINA Sports Day, because I was attending to official a special water rate for farmers and estab- IN THE HOUSE OF REPRESENTATIVES events in my home state of Florida. If present, I would have voted ‘‘aye.’’ lishing a crop insurance program. He also au- Friday, February 13, 2009 thored legislation to create low and moderate f income housing subdivisions. In 1976 he was Ms. FOXX. Mr. Speaker, for the past 70 RECOGNIZING THE LIFE AND elected to the office of Commissioner (Mayor) years the AbilityOne formerly Javits-Wagner- SERVICE OF MONIQUE YVE’TTE of Inarajan. Senator Flores was a founding O’Day (ABILITYONE) Program has empow- PORTUSACH-CEPEDA member of the Democratic Party of Guam and ered Americans who are blind or severely dis- he was known for his fiery campaign speech- abled by providing them with a diverse set of es. employment opportunities. Today over 40,000 HON. MADELEINE Z. BORDALLO Alfred Flores served on the Selective Serv- disabled Americans are realizing their potential OF GUAM ice Board, the Guam Housing and Urban Re- by working in their local communities across IN THE HOUSE OF REPRESENTATIVES the country under this program. These Ameri- newal Authority Board of Directors, the Guam Friday, February 13, 2009 Farmers Cooperative Association, and the Soil cans are proud to provide federal and military and Water Conservation District. He was ac- customers with a wide array of SKILCRAFT Ms. BORDALLO. Madam Speaker, I rise tive in his village church, St. Joseph’s Parish and other ABILITYONE products and services. today to recognize and honor the life and in Inarajan. He also mentored young men by The ABILITYONE Program prides itself on de- service of Monique Portusach-Cepeda, a dedi- volunteering with the Boy Scouts of America. livering high quality products and services at a cated community leader who continually gave Senator Alfred Flores was a dedicated pub- competitive price in the most convenient way back to the people of Guam. Monique passed lic servant who made many lasting contribu- possible. away on January 3, 2009 after a battle with tions to our community. He was recognized Some of the product categories offered by cancer. She is survived by her husband, Na- later in life as a Master Lancheru for his con- the ABILITYONE program include office sup- thaniel Fejeran Ulloa, her mother Frances tributions to preserving traditional farming. My plies, military specific, safety, maintenance, re- Portusach Hudgens, and her father Anthony heartfelt condolences are with his wife Ester, pair, medical-surgical, janitorial-sanitation, and Calvo Cepeda. their children Lucille, May, Fred, and Roy and customization. The services that are provided Monique graduated from George Wash- his extended family and friends. He will be to the federal and military customer include ington High School as valedictorian in 1996. dearly missed. but aren’t limited to call center and switch- Monique enrolled in Brown University in Provi- board operation, military base and federal of- dence, Rhode Island and in 2001 graduated f fice building supply centers, CD-Rom duplica- with a degree in American Civilization and Bio- DAUGHTERS OF THE AMERICAN tion-replication, data entry, document imaging Medical Community Health. While at Brown REVOLUTION CELEBRATE LIN- and grounds care. I rise today in support of University, Monique was awarded the Presi- COLN’S 200TH BIRTHDAY the AbilityOne Program and the opportunities dent Harry S. Truman Fellowship before con- it provides for an underemployed population of tinuing her education at Harvard University. In HON. CATHY McMORRIS RODGERS hard working Americans. Furthermore, I urge 2002, Monique graduated from Harvard Uni- OF WASHINGTON my colleagues to purchase SKILCRAFT and versity with a Master’s Degree in Public Pol- IN THE HOUSE OF REPRESENTATIVES ABILITYONE products from the House-Senate icy. Monique was also selected as a Presi- Stationary stores not only because of their dential Management Fellow, a program for in- Friday, February 13, 2009 quality and value, but also because of the so- dividuals dedicated to promoting sound policy Mrs. MCMORRIS RODGERS. Madam cioeconomic benefits that can come from sup- and programming in government agencies. Speaker, I rise today to recognize the efforts porting the program. By purchasing these Monique worked with the Social Security of the Esther Reed Chapter of the Daughters products and using these services we are en- Administration on Guam as a Federal Dis- of the American Revolution. In honor of the abling more disabled Americans to have the ability Examiner where she helped residents of 200th anniversary of the birthday our Six- opportunity to become taxpayers. Guam, the Commonwealth of the Northern teenth President these women will conduct a Today in Winston Salem, North Carolina Mariana Islands, and American Samoa wreath laying ceremony at the base of a stat- 156 blind Americans are employed under the through the disability claims process. She con- ue of President Lincoln in downtown Spokane, ABILITYONE Program and are producing high tinued to give back to her community through WA. quality items or services for us. The participation in organizations such as Youth This 12-foot bronze statue was dedicated in ABILITYONE Program is administered by the for Youth, Democrats for a Better America, Spokane on November 11, 1930 before a Presidentially-appointed Committee for Pur- and Young Government Leaders. Monique

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was also a representative for the San Diego friend RICK BOUCHER of Virginia to introduce the changing nature of our economy by ex- area to the Pacific Asian Advisory Council. this legislation in order to provide a ‘‘bright panding the scope of the protections in P.L. My prayers are with Monique’s family and line’’ test to clarify state and local authority to 86–272 from just tangible personal property to friends whose hearts she so deeply touched. collect business activity taxes from out-of-state include intangible property and services. Her contributions towards our island commu- entities. In addition, our legislation sets forth clear, nity will be remembered and honored always. Many states and some local governments specific standards to govern when businesses f levy corporate income, franchise and other should be obliged to pay business activity taxes on out-of-state companies that conduct taxes to a state. Specifically, the legislation HONORING COACH GENE business activities within their jurisdictions. establishes a ‘‘physical presence’’ test such PINGATORE OF ST. JOSEPH HIGH While providing revenue for states, these that an out-of-state company must have a SCHOOL ON HIS RECORD-BREAK- taxes also serve to pay for the privilege of physical presence in a state before the state ING 827TH WIN IN ILLINOIS doing business in a state. can impose corporate net income taxes and However, with the growth of the Internet, other types of business activity taxes. HON. DANIEL LIPINSKI companies are increasingly able to conduct In our current, challenging economic times, OF ILLINOIS transactions without the constraint of geo- it is especially important to eliminate artificial, IN THE HOUSE OF REPRESENTATIVES political boundaries. The growth of the high government-imposed barriers to small busi- tech industry and interstate business-to-businesses. Small businesses are crucial to our Friday, February 13, 2009 ness and business-to-consumer transactions economy and account for a significant majority Mr. LIPINSKI. Madam Speaker, I rise today raises questions over where multi-state com- of new product ideas and innovation. Small to honor Coach Gene Pingatore for his out- panies should be required to pay corporate in- businesses are also central to the American standing and inspirational career as head come and other business activity taxes. dream of self-improvement and individual coach of the St. Joseph High School boys Over the past several years, a growing achievement, which is why it is so vital that basketball team in Westchester, Illinois, as number of jurisdictions have sought to collect Congress enact legislation that reduces the well as to recognize his achievement as the business activity taxes from businesses lo- tax burdens that hinder small businesses and all-time winningest boy’s basketball coach in cated in other states, even though those busi- ultimately overall economic growth and job Illinois high school history. nesses receive no appreciable benefits from creation. Always considered one of the most fabled the taxing jurisdiction and even though the Su- Unfortunately, small businesses are often coaches in the storied history of Illinois bas- preme Court has ruled that the Constitution the hardest hit when aggressive states and lo- ketball, Coach Pingatore’s legacy reached a prohibits a state from imposing taxes on busi- calities impose excessive tax burdens on out- new level on January 16th, 2009 when his St. nesses that lack substantial connections to the of-state companies. These businesses do not Joseph’s squad faced Carmel Catholic High state. This has led to unfairness and uncer- have the resources to hire the teams of law- School. Their 49–26 victory gave Pingatore his tainty, generated contentious, widespread liti- yers that many large corporations devote to record-breaking 827th win as a head basket- gation, and hindered business expansion, as tax compliance, and they are more likely to ball coach in Illinois. businesses shy away from expanding their halt expansion to avoid uncertain tax obliga- What especially sets Gene Pingatore apart, presence in other states for fear of exposure tions and litigation expenses. however, is not his incredible record but rather to unfair tax burdens. The clarity that the Business Activity Tax his winning philosophy and his perseverance. In order for businesses to continue to be- Simplification Act will bring will ensure fair- His legendary program was not built overnight. come more efficient and expand the scope of ness, minimize litigation, and create the kind In 1969–1970, Pingatore only managed three their goods and services, it is imperative that of legally certain and stable business climate wins in his first season as a coach. The next clear and easily navigable rules be set forth that frees up funds for small businesses to year St. Joseph’s managed seven wins, and regarding when an out-of-state business is make investments, expand interstate com- Coach Pingatore only enjoyed 3 winning sea- obliged to pay business activity taxes to a merce, grow the economy and create new sons in his first 7 seasons. Coming through state. Otherwise, the confusion surrounding jobs. that difficult stretch, however, Pingatore’s work these taxes will have a chilling effect on e- At the same time, this legislation will protect ethic and undeniable coaching ability spawned commerce, interstate commerce generally, the ability of states to ensure that they are a dynasty. Since 1976, St. Joseph’s has only and the entire economy as tax burdens, com- fairly compensated when they provide services suffered once losing season. pliance costs, litigation, and uncertainty esca- to businesses that do have physical presences Only two other coaches in Illinois men’s late. in the state. basketball history have passed the elusive 800 Previous actions by the Supreme Court and I urge my colleagues to support this impor- win barrier. Even before setting the all-time Congress have laid the groundwork for a tant legislation. wins mark, Pingatore’s outstanding accom- clear, concise and modern ‘‘bright line’’ rule in f plishments were recognized by the East Sub- this area. In the landmark case of Quill Corp. IN RECOGNITION OF SHERIFF urban Catholic Conference as they made him v. North Dakota, the Supreme Court declared MARGARET MIMS AND SUPER- a member of their inaugural Hall of Fame that a state cannot impose a tax on an out-of- VISOR JUDY CASE class in 2006. state business unless that business has a Madam Speaker, I rise to honor Gene ‘‘substantial nexus’’ with the taxing state. How- HON. JIM COSTA Pingatore for the positive role model that he is ever, the Court did not define what constituted OF CALIFORNIA a ‘‘substantial nexus’’ for purposes of imposing to the young men of St. Joseph High School IN THE HOUSE OF REPRESENTATIVES and for his continuing commitment to excel- business activity taxes. lence from his players, both on and off the In addition, fifty years ago, Congress Friday, February 13, 2009 court. As the Representative of the 3rd District passed legislation to prohibit jurisdictions from Mr. COSTA. Madam Speaker, I rise today to of Illinois, I would like to say that we are proud taxing the income of out-of-state corporations recognize Fresno County Sheriff Margaret to be home to the state’s winningest coach, in whose in-state presence was nominal. Public Mims and County Supervisor Judy Case for every sense of the word. Law 86–272 set clear, uniform standards for their heroic actions taken on Wednesday Feb- f when states could and could not impose such ruary 11, 2009, to save the life of a heart at- taxes on out-of-state businesses when the tack victim in the Capitol South Metro stop. THE INTRODUCTION OF THE businesses’ activities involved the solicitation When Sheriff Mims and Supervisor Case ‘‘BUSINESS ACTIVITY TAX SIM- of orders for sales. However, like the economy came upon the victim who had collapsed on PLIFICATION ACT’’ of its time, the scope of Public Law 86–272 the floor of the Metro station, they immediately was limited to tangible personal property. Our leapt into action by organizing an emergency HON. BOB GOODLATTE nation’s economy has changed dramatically response from the surrounding onlookers. OF VIRGINIA over the past fifty years, and this outdated Sheriff Mims who is trained in first aid and Su- IN THE HOUSE OF REPRESENTATIVES statute needs to be modernized. pervisor Chase, a registered nurse, then The Business Activity Tax Simplification Act began giving chest compressions and breaths Friday, February 13, 2009 of 2008 both modernizes and provides clarity to the victim for fifteen minutes until para- Mr. GOODLATTE. Madam Speaker, I rise to an outdated and ambiguous tax environ- medics arrived. Their heroic efforts were cap- today in strong support of the Business Activ- ment. First, the legislation updates the protec- tured by Fresno news stations as well as The ity Tax Simplification Act. I joined my good tions in P.L. 86–272. This legislation reflects Fresno Bee and McClatchy newspapers.

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K13FE8.014 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E283 While the life-saving actions of Sheriff Mims CONGRATULATING HAMILTON unable to receive traditional financing, allowing and Supervisor Chase were both courageous STEPHENS WINTER them to purchase and maintain a home of and heroic, they were not unfamiliar—in both their own. His belief was that honest people their careers, they have never hesitated to HON. RODNEY ALEXANDER with limited opportunities could indeed thrive if help those in need. While the victim remains OF LOUISIANA they had help. anonymous to them, Margaret and Judy have IN THE HOUSE OF REPRESENTATIVES He is very active in his local church, touched the life of an individual in a most pro- Sylvannah Baptist Church, in Spotsylvania. found way and I commend them for it. Friday, February 13, 2009 One example of his philanthropy is the brick Mr. ALEXANDER. Madam Speaker, I rise enclosure of the church’s cemetery. It was de- f today to congratulate Hamilton Stephens Win- signed, constructed and donated in honor of ters, who was recognized as the Overall Mid- his parents. HONORING COMMANDER CON- dle School Student of the Year by the Mr. Fairchild married the former Bertha Pratt STANTINE TSOUKATOS OF OAK Ouachita Parish School System. in 1945 and together they had four daughters LAWN, ILLINOIS Hamilton was nominated by his school, and one son. Mr. and Mrs. Fairchild are also West Ridge Middle, to compete in the annual the foster parents of three boys they raised competition. and provided for as their own. HON. DANIEL LIPINSKI It is always outstanding to see the diligence Madam Speaker, I ask you to join me and OF ILLINOIS with which the young students of Louisiana countless others as we recognize the many work to better their schools and communities. contributions of Layton Roy Fairchild, Sr. IN THE HOUSE OF REPRESENTATIVES I have the highest confidence that Hamilton f Friday, February 13, 2009 will succeed in whatever endeavor he pur- sues. COMMEMORATING ABRAHAM LIN- Mr. LIPINSKI. Madam Speaker, I rise today Earning this recognition is a tremendous COLN ON THE BICENTENNIAL OF to honor Commander Constantine Tsoukatos honor, and I am grateful the 5th Congressional HIS BIRTH on the occasion of his promotion to Com- District can list Hamilton among our own. SPEECH OF mander of the 314th Maintenance Operations I ask my colleagues to join me in congratu- Squadron. lating Hamilton Stephens Winters for receiving HON. JEB HENSARLING Commander Tsoukatos was raised by his this remarkable recognition. OF TEXAS parents Helen and Emanuel Tsoukatos in Oak f IN THE HOUSE OF REPRESENTATIVES Lawn, IL. In Oak Lawn, Constantine attended RECOGNIZING LAYTON ROY Thursday, February 12, 2009 Richards High School, before moving on to FAIRCHILD, SR. Mr. HENSARLING. Madam Speaker, it is the University of Illinois where he studied En- with profound admiration and respect that I gineering Mechanics. Upon receiving his commemorate the 200th anniversary of Presi- Bachelor’s degree, Constantine continued his HON. ROBERT J. WITTMAN dent Abraham Lincoln’s birth. From humble schooling and obtained his Master’s degree in OF VIRGINIA beginnings in a one room log cabin in the Human Resource Development from Webster IN THE HOUSE OF REPRESENTATIVES backwoods of Kentucky, Lincoln, a self-taught University in 1999. Friday, February 13, 2009 lawyer, went on to win a narrow victory in Constantine began his service in 1997 when Mr. WITTMAN. Madam Speaker, I rise 1860 to become our 16th president. he was commissioned as a second lieutenant today to recognize Layton Roy Fairchild, Sr., Not long after he took office, our country following Officer Training School. Serving as of Spotsylvania, Virginia on his achievements was plunged into a war between the states an aircraft maintenance officer, he has held a and contributions to his community. Mr. Fair- that threatened to destroy everything our variety of flightline and backshop positions. child was born March 22, 1927 to the late Founding Fathers had fought so hard to estab- His first tour began at Scott AFB, on the C– master carpenter Alfred Linwood Fairchild and lish. As the war raged, Lincoln led the Union 9 Aircraft. Commander Tsoukatos then taught homemaker Rose Anna Lewis Fairchild. He is through the maelstrom to save our Republic. in the Reserve Officer Training Corps as an part of the second generation of Fairchilds At the same time, he paved the way to free- Assistant Professor of Aerospace Studies at born in Spotsylvania. His father, Alfred dom for millions who had never known it. Detachment 560, Manhattan College in Bronx, Linwood Fairchild, was the second individual Sadly, an assassin’s bullet stole Lincoln from New York, where he also served as the Com- and first generation Fairchild born in Spotsyl- his people just days after the Civil War ended. mandant of Cadets. He was next stationed at vania, and the first to remain in the county, Madam Speaker, as we commemorate his Osan AB, ROK, serving both as maintenance start a family and a very successful carpentry 200th birthday, I reflect upon the life of Presi- flight commander and then as the A–10 AMU business. dent Lincoln and the sacrifices he made to IOC. Commander Tsoukatos spent the fol- Mr. Fairchild is a U.S. Army veteran of protect the principles of freedom we cherish lowing 3 years at RAF Mildenhall with the World War II. While on duty in Japan, he was so deeply. A man of great wisdom and cour- 100th Air Refueling Wing, before moving to his the captain of the baseball team that traveled age who guided our country through some of current position within HQ AFMC in June of the country playing against native teams in an its darkest hours, President Lincoln embodies 2006. effort to develop goodwill after the bombing of the true meaning of what it is to be an Amer- Commander Tsoukatos has been recog- Hiroshima and Nagasaki. ican. nized previously with the following commenda- Mr. Fairchild worked for 33 years at FMC, While, in the words of Secretary of War tions: the Meritorious Service Medal, the Air the largest industry employer in Fredericks- Edwin M. Staunton, Lincoln ‘‘belongs to the Force Commendation Medal with two oak leaf burg, Virginia. For the first 15 years, he was ages,’’ he lives in the hearts of freedom loving clusters, the Air Force Outstanding Unit Award a machine operator. He was promoted in 1957 people in the United States and around the with three oak leaf clusters, the National De- to control lacquer operator-inspector. During world. fense Service Medal, the Global War on Ter- his more than 30 years at the FMC plant, he f rorism Service Medal, and the Korean De- worked all three shifts. After his shift, regard- HONORING THE CENTENNIAL AN- fense Service Medal. less of which shift it was, he would come home and farm. Many days his wife brought NIVERSARY OF EAST NORRITON Aside from his military service to our nation, his meals out to the field for him to eat while TOWNSHIP Commander Tsoukatos is dedicated to his he was on his tractor. family as a loving father and husband. He and He started his own business, Fairchild HON. JIM GERLACH his wife, Jazmin, have two sons, Manuel and Trucking Inc. in 1975. For more than 30 years, Joaquin and one daughter, Gabriela. OF PENNSYLVANIA he provided employment and benefits for IN THE HOUSE OF REPRESENTATIVES Today, I ask my colleagues to join me in county citizens. Showing appreciation for his recognizing the outstanding service and two longest working employees, he recently Friday, February 13, 2009 achievements of Commander Constantine purchased two 24-ton trucks for each to use to Mr. GERLACH. Madam Speaker, I rise Tsoukatos. We acknowledge his accomplish- earn a living on their own. today to honor an outstanding southeastern ments and express our gratitude for his dedi- Mr. Fairchild was the first mortgage lender Pennsylvania municipality celebrating its cen- cated service. to numerous individuals and families who were tennial anniversary.

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.027 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E284 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 East Norriton Township, Montgomery Coun- neral rites deserving of any American hero re- With only a few choices . . . ty, is a 6.1-square mile municipality that was gardless of his origin’’. Listening, to their most inner voices . . . established on March 9, 1909. However, East Just recently founded during that time on A lifetime of training . . . March 26, 1948, the American GI Forum and All for this one moment counting . . . Norriton’s roots can be traced back to the With the time to live or die, so waning early days of the Commonwealth of Pennsyl- its founder, Dr. Hector P. Garcia launched a Most precious moments in time which lie vania. civil rights movement to help the Longoria ... The vast tract where East Norriton is lo- family. Now remaining . . . cated was one of William Penn’s early manors Then a junior United States Senator, Lyn- Determining, who lives and dies . . . known as Williamstadt. The Township’s long don B. Johnson, on January 11, 1949, sent a With but no room for error . . . history includes a direct connection to Amer- telegram to Dr. Hector P. Garcia that read As born, all in this moment such heroes . . . ica’s courageous fight for independence. ‘‘...I have today made arrangements to While, all around them crisis looms . . . George Washington visited his wounded have Felix Longoria buried with full military As they must keep their cool . . . as their fine hearts must swoon . . . troops at Bartle Bartleson’s Tavern along Ger- honors in Arlington National Cemetery here in While, against all odds . . . they give to this mantown Pike during the Revolutionary War, Washington where, the honored dead of our our world this jewel . . . according to historians. nation’ war rest. . .This injustice and prejudice This gift, which will now forever over our As the region grew, a number of additional is deplorable. I am happy to have a part see- hearts so rule . . . municipalities did as well. Eventually, East ing that this Texas hero is laid to rest with the This moment, when they stood strong . . . Norriton was formally incorporated in 1909 honor and dignity his services deserve’’. with hearts full . . . when it was carved out of the larger munici- Thanks to the AGIF, Dr. Garcia and Senator Full of courage and might, to win the day pality known as Norriton Township. Johnson, Private Felix Longoria became the . . . to win that night . . . To carry with us until we grow old . . . Residents have been commemorating the first Mexican American serviceman to be As God was with them on that day, in this 100th anniversary with events throughout the awarded this honor. On February 16, 1949, miracle on 48th street in so many ways past year and will continue their celebration on Private Felix Longoria was given a full military ... Friday, February 20, 2009 with a Centennial burial with honors in Arlington National Ceme- On A Wings of A Dove, as he helped bring Celebration Dinner. tery. The Longoria family was joined at the them down so safe . . . Madam Speaker, I ask that my colleagues service by United States Senator Lyndon B. As City, once again must unite . . . join me today in congratulating the Township Johnson, Lady Bird Johnson, Congressman Police Officers, Firefighters, Citizens, Coast on its momentous anniversary and extending John Lyle and President Harry Truman’s’ mili- Guard, Ferry Boat Captains bringing the light . . . best wishes for continuing prosperity, harmony tary aide, General Harry H. Vaughan. As the echoes of a past were all heard in and quality of life. The work and legacy of the late Dr. Hector their hearts that night . . . f P. Garcia and the American GI Forum that he A Gotham City, with Gotham Hearts . . . as founded, still continues to this day, in the on this day, all did their part . . . TRIBUTE TO PRIVATE FELIX name of all Veterans and Hispanics in the And what child will be born? LONGORIA United States. Who might save the world, or upon it such February 16, 2009 marks the 60th anniver- great things unfurled . . . HON. JOE BACA sary of the burial of Private Felix Longoria, the Because of that moment! And what loves will be worn? Given that sec- OF CALIFORNIA first Mexican American servicemen to be ond chance now to now continue on IN THE HOUSE OF REPRESENTATIVES awarded this honor. On this day, I encourage ... Friday, February 13, 2009 all Americans to remember the great sacrifices For only a future knows . . . made by our American heroes in all the con- From these moments as time will tell us . . . Mr. BACA. Madam Speaker, I stand here flicts in the history of the United States. will show . . . today to honor the 60th Anniversary of WWII f When in that moment . . . Quiet Heroes so Private Felix Longoria, the first Mexican Amer- ... ican to be buried at the Arlington National IN THAT MOMENT We would discover, the true meaning of that Cemetery in Washington, DC. word heroes . . . our new lovers . . . Private Felix Z. Longoria was drafted into HON. DIANE E. WATSON Bless them, bless them all . . . the United States Army on November 11, For each and everyday, our lives on them so OF CALIFORNIA depend so all . . . 1944, at the age of 25 from Three Rivers, IN THE HOUSE OF REPRESENTATIVES For we will long remember . . . Texas. Friday, February 13, 2009 This winter day, all in the embers . . . of our While on a voluntary patrol on June 1945, hearts . . . Private Longoria was killed in action by a Jap- Ms. WATSON. Madam Speaker, to com- When, in the moment of truth . . . anese sniper in Cagayan Valley, Luzon, Phil- memorate the heroism of the Captain and A Magnificent Captain and Crew gave us the ippines. He posthumously received the Purple crew of US Airways Flight 1549, as well as the proof . . . Heart, the Bronze Star, the Good Conduct emergency personnel of the New York fire and That miracles do come true . . . Medal, and the Combat Infantryman Badge for police departments, Congresswoman DIANE E. And how courage can come shining through ... WATSON would like to submit this poem to the his service and sacrifice. In That Moment . . . Sadly in 1945, when the remains of Private CONGRESSIONAL RECORD. Longoria were finally identified and returned This poem is dedicated to the valor and her- f back to the United States, Beatrice Longoria, oism of Captain Chesley B. Sullenberger III; HONORING EASTERN MICHIGAN the widow of Private Felix Longoria, was First Officer Jeffrey B. Skiles; flight attendants UNIVERSITY AS A RECIPIENT OF turned away and unable to hold a funeral Sheila Dail, Doreen Welsh, and Donna Dent; THE 2008 COMMUNITY ENGAGE- service for her deceased husband at a private the fine men and women of the New York fire MENT CLASSIFICATION funeral home in Three Rivers, Texas. At the and police Departments; the Coast Guard; time, the city of Three Rivers’ sole cemetery ferry boat captains; and the citizens of New HON. JOHN D. DINGELL York. was divided by a barbed wire fence, into two OF MICHIGAN sections, one for whites and another for non- IN THAT MOMENT IN THE HOUSE OF REPRESENTATIVES whites. In . . . Friday, February 13, 2009 This act of discrimination moved Beatrice In that moment . . . Longoria to contact Dr. Hector P. Garcia a When who lives or dies! Mr. DINGELL. Madam Speaker, I rise today surgeon general of the area, and the founder But, to see another sunrise . . . to honor Eastern Michigan University for being of the newly created American GI Forum. All in their hand’s which lies . . . selected by the Carnegie Foundation for the Dr. Hector P. Garcia sent out seventeen All of those most precious lives . . . Advancement of Teaching to receive its 2008 telegrams to elected and government officials, Whose loved ones, upon them rely Community Engagement Classification. Who will be left to cry . . . which stated ‘‘the denial was a direct con- When high above, up in those blue skies . . . The Carnegie Foundation for the Advance- tradiction of those same principles for which With just seconds to react . . . ment of Teaching, founded by Andrew Car- this American soldier made the supreme sac- Just moments from the black . . . negie in 1905, is a highly regarded, inde- rifice in giving his life for his country, and for With eminent death approaching, the facts pendent higher education policy and research the same people who deny him the last fu- ... center. Of the 217 institutions who declared an

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K13FE8.020 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E285 interest in applying for the classification, East- law enforcement, court services, schools, so- services organizations. Sec. 403 also estab- ern Michigan University was one of the select cial services, health and mental health pro- lishes a Center for Youth Oriented Policing, few institutions to receive this high distinction. viders, foster care providers, Boys and Girls which will be responsible for identification, de- As an institution receiving this Carnegie Clubs and other community-based service or- velopment and dissemination of information classification, EMU is recognized as a national ganizations, including faith-based organiza- related to strategic policing practices and tech- model for community engaged campuses. tions. These key players will form a council to nologies to law enforcement agencies related Eastern Michigan University has always pro- develop a comprehensive plan for imple- to youth. moted and supported involvement in the com- menting evidence-based prevention and inter- Title V: Enhancing Federal Support of Local munity and this is evident in their mission, as vention strategies. These strategies will be tar- Law Enforcement—Mynisha’s Law. Mynisha’s they seek to ‘‘extend our commitment beyond geted at young people who are involved, or at Law provides appropriate federal coordination our campus boundaries to the wider commu- risk of becoming involved, in gangs or the ju- and collaboration by requiring the placement nity through service initiatives and partner- venile or criminal justice system to redirect of an interagency task force—consisting of ships of mutual interest addressing local, re- them toward productive and law-abiding alter- representatives from the Departments of Jus- gional, national, and international opportunities natives. The Youth PROMISE Act will also en- tice, Labor, Education, HUD and HHS—to pre- and challenges.’’ hance state and local law enforcement efforts vent and address gang activity in specific des- Eastern Michigan University and its students regarding youth and gang violence. ignated high intensity gang areas. The inter- reach out a helping hand to the community in Title I: Federal Coordination of Local and agency task force would be responsible for so many different ways, from fundraising for Tribal Juvenile Justice Information and Efforts. identifying and coordinating access to federal Habitat for Humanity, Relay for Life, and St. Sec. 101 creates a PROMISE Advisory Panel. gang prevention resources, such as after- Jude’s Hospital to the students’ partnerships This Panel will assist the Office of Juvenile school programs, Job Corp programs, and low with Ypsilanti Meals on Wheels, S.O.S. com- Justice and Delinquency Prevention in select- income affordable housing. munity services, and Upward Bound. Even ing PROMISE community grantees. The Panel Sec. 511 authorizes the COPS Office to with all their academic commitments, students will also develop standards for the evaluation make grants to local and tribal governments at EMU still managed to provide over 38,000 of juvenile delinquency and criminal street with a PROMISE Council to develop commu- volunteer hours in the community through VI- gang activity prevention and intervention ap- nity-based programs that provide crime pre- SION and student organizations. This is a tes- proaches carried out under the PROMISE Act. vention, research, and intervention services tament to the great students and community Sec. 102 provides for specific data collection designed for gang members and at-risk youth. outreach programs at Eastern Michigan Uni- in each designated geographic area to assess Sec. 522 authorizes the Attorney General, in versity. the needs and existing resources for juvenile consultation with the Secretary of Health and Madam Speaker, the Carnegie Foundation delinquency and criminal street gang activity Human Services to award grants to partner- of Advancement of Teaching has bestowed its prevention and intervention. This data will then ships between a state mental health authority 2008 Community Engagement Classification facilitate the strategic geographic allocation of and one or more local public or private entities upon Eastern Michigan University because of resources provided under the Act to areas of to prevent or alleviate the effects of youth vio- its remarkable work to interact with, aid and greatest need for assistance. lence in urban communities with a high or in- improve its surrounding community. This is a Title II: PROMISE Grants. Sec. 201 estab- creasing incidence of such violence by pro- tremendous honor and it speaks to the fine lishes grants to enable local and tribal commu- viding violence-prevention education, men- character and great dedication of the univer- nities, via PROMISE Coordinating Councils, toring, counseling, and mental health services sity’s faculty, administration, and students. PCCs, Sec. 202, to conduct an objective as- to children and adolescents. Priority is given to EMU truly serves as a model for community sessment, Sec. 203, regarding juvenile delin- grant applicants that agree to use the grant in engagement between this nation’s higher edu- quency and criminal street gang activity and communities that lack the resources to ad- cation institutes and their respective commu- resource needs and strengths in the commu- dress youth violence. nities. I ask that you and all of my colleagues nity. Based upon the assessment, the PCCs Title VI: Precaution Act. To coordinate the join me in congratulating EMU on this remark- then will develop plans that include a broad volumes of data and research on crime pre- able accomplishment. array of evidence-based prevention and intervention and intervention, this Title creates a f vention programs. These programs will be re- national commission on crime prevention and sponsive to the needs and strengths of the intervention strategies to identify those pro- THE INTRODUCTION OF THE community, account for the community’s cul- grams that are most ready for replication YOUTH PROMISE ACT tural and linguistic needs, and utilize ap- around the country, and to provide guidance in proaches that have been proven to be effec- a direct and accessible format to state and HON. ROBERT C. ‘‘BOBBY’’ SCOTT tive in reducing involvement in or continuing local law enforcement on how to implement OF VIRGINIA involvement in delinquent conduct or criminal those strategies. The commission also would IN THE HOUSE OF REPRESENTATIVES street gang activity. The PCCs can then apply identify those promising areas of crime pre- for federal funds, on the basis of greatest vention and intervention programming that Friday, February 13, 2009 need, to implement their PROMISE plans, would benefit from further research and devel- Mr. SCOTT of Virginia. Madam Speaker, I Sec. 211–213. Title II also provides for na- opment, and would report to federal, state, rise today, along with the gentleman from tional evaluation of PROMISE programs and and local law enforcement on the outcomes of Delaware, Mr. CASTLE, to introduce the ‘‘Youth activities, Sec. 222, based on performance a grant program administered by the National Prison Reduction through Mentoring, Interven- standards developed by the PROMISE Advi- Institute of Justice to pilot programs in these tion, Support and Education Act’’, or ‘‘Youth sory Panel. areas and test their effectiveness. The use of PROMISE Act,’’ a bill we believe will greatly Title III: PROMISE Research Center. Sec. this information would ensure that the criminal reduce crime and its associated costs and 301 establishes a National Research Center justice community is investing its limited re- losses. Companion legislation to this bill is for Proven Juvenile Justice Practices. This sources in the most cost-effective way pos- also being filed today in the Senate by Sen- Center will collect and disseminate information sible. ator CASEY of Pennsylvania, and Senator to PROMISE Coordinating Councils and the Title VII: Additional Improvements to Juve- SNOWE of Maine. public on current research and other informa- nile Justice. Sec. 701 provides additional im- The Youth PROMISE Act implements the tion about evidence-based and promising provements to current laws affecting juvenile best policy recommendations from crime pol- practices related to juvenile delinquency and delinquency and criminal street gang activity, icy makers, researchers, practitioners, ana- criminal street gang activity and intervention. including support for youth victim and witness lysts, and law enforcement officials from Sec. 302 provides for regional academic re- protection programs. Sec. 702 provides for an across the political spectrum concerning search partners to assist PCCs in developing expansion of the Mentoring Initiatives program evidence- and research-based strategies to re- their assessments and plans. for system-involved youth. And Sec. 703 calls duce gang violence and crime. Under the Title IV: Youth-Oriented Policing Services. for a study on adolescent development and Youth PROMISE Act, communities facing the Sec. 402 provides, within the office of Com- the effectiveness of juvenile sentences in the greatest youth gang and crime challenges will munity Oriented Policing Services, for the hir- Federal system. be able to enact a comprehensive response to ing and training of Youth Oriented Policing, During my more than 30 years of public prevention and intervention of youth violence YOPS, officers to address juvenile delin- service, I have learned that when it comes to through a coordinated response that includes quency and criminal street gang activity in co- crime policy, we have a choice—we can re- the active involvement of representatives from ordination with PCCs and other local youth duce crime or we can play politics. For far too

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.029 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E286 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 long, Congress has chosen to play politics by dren from a cradle to prison pipeline to a cra- Fight Crime: Invest in Kids enacting so-called ‘‘tough on crime’’ slogans dle to college, or jobs, pipeline. All the credible Girls Inc. such as ‘‘three strikes and you’re out’’ , ‘‘man- research and evidence shows that a con- Human Rights Watch datory minimum sentencing’’, ‘‘life without pa- Immigrant Justice Network tinuum of evidenced-based prevention and Institute for Community Peace role’’, ‘‘abolish parole’’ or ‘‘you do the adult intervention programs for youth identified as International Community Corrections As- crime, you do the adult time’’. My personal fa- being at risk of involvement in delinquent be- sociation vorite is ‘‘no cable TV.’’ You can imagine the havior, and those already involved, will greatly Justice Policy Institute cable guy disconnecting the cable and then reduce crime and save much more than they Juvenile Justice Trainers Association waiting for the crime rate to drop. As appeal- cost when compared to the avoided law en- Legal Action Center ing as these policies may sound, their impacts forcement and social welfare expenditures. Lutheran Immigration and Refugee Serv- range from a negligible reduction in crime to ice There are programs for teen pregnancy pre- Mennonite Central Committee Washington an increase in crime. vention, pre-natal care, new parent training, However, over the past two decades, we Office nurse home visits, Head Start, quality edu- Mental Health America continued to enact slogan-based sentencing cation, after-school programs, Summer recre- Mexican American Legal Defense & Edu- policies. As a result, the United States now ation and jobs, guaranteed college scholar- cational Fund (MALDEF) has the highest average incarceration rate of ships, and job-training that have been scientif- National Advocacy Center of the Sisters of any nation in the world. At over 700 persons ically proven to cost-effectively reduce crime. the Good Shepherd incarcerated for every 100,000 in the popu- And the research reveals that these programs National African-American Drug Policy lation, the U.S. far exceeds the world average Coalition, Inc. are most effective when provided in the con- National Alliance to End Homelessness incarceration rate of about 100 per 100,000. text of a coordinated, collaborative local strat- Russia is the next closest in rate of incarcer- National Alliance for Faith and Justice egy involving law enforcement, social services National Association for the Advancement ation with about 600 per 100,000 citizens. and other local public and private entities of Colored People (NAACP) Every other major incarcerator is much below working with children identified as at risk of in- National Association of Blacks in Criminal that. Among countries most comparable to the volvement in the criminal justice system. This Justice U.S., Great Britain is 146 per 100,000, Aus- is what the Youth PROMISE Act provides for. National Association of Criminal Defense tralia is 126, Canada is 107, Germany is 95, Lawyers Aside from reducing crime and providing France is 85, and Japan is 62. India, the National Association of Juvenile Correc- better results in the lives of our youth, many world’s largest Democracy, is 36 per 100,000 tional Agencies of these programs funded under the Youth and China, the world’s largest country by pop- National Association of Secondary School PROMISE Act will save more money than they ulation, is 118 per 100,000. Since 1970, the Principals cost. The state of Pennsylvania implemented National Black Caucus of Local Elected Of- number of individuals incarcerated in the U.S. in 100 communities across the state a process ficials (NBC–LEO) has risen from approximately 300,000 to over very similar to the one provided for in the National Black Police Association 2 million. Youth PROMISE Act. The state found that it National Center for Youth Law All this increase in incarceration does not National Consortium of TASC (Treatment come for free. Since 1982, the cost of incar- saved, on average, $5 for every $1 spent dur- Accountability for Safer Communities) Pro- ceration in this country has risen from $9 bil- ing the study period. grams lion annually to over $65 billion a year. The bill is supported by 69 original co-spon- National Council for Community Behav- And the U.S. has some of the world’s most sors. A coalition of over 200 national, state ioral Health severe punishments for crime, including for ju- and local organizations, listed below, sup- National Council of La Raza veniles. Of the more than 2400 juveniles now ported the Youth PROMISE Act last Congress, National Council on Crime and Delin- quency serving sentences of life without parole, all are and we expect that list to continue to grow this Congress. We know how to reduce crime and National Council on Educating Black Chil- in the U.S. Some were given their sentence as dren first-time offenders under circumstances such we know that we can do it in a way that saves National Council for Urban (Gang) Peace, as being a passenger in a car from which much more money that it costs. Our children, Justice and Empowerment there was a drive-by shooting. victims of crime, taxpayers and our economy National Education Association The impact of all this focus on tough law en- can no longer afford for us to delay adoption National Federation of Families for Chil- forcement approaches falls disproportionately of the Youth PROMISE Act. So, I ask my col- dren’s Mental Health on minorities, particularly Blacks and His- leagues to join me in passing and this bill and National Head Start Association seeing to it that it is quickly enacted into law. National Hire Network panics. While the average incarceration rate in National Immigration Project of the Na- the United States is 7 times the international ORGANIZATIONS SUPPORTING THE YOUTH tional Lawyers Guild average, for Blacks the average rate is over PROMISE ACT National Juvenile Defender Center 2200 per 100,000, and the rate in some juris- NATIONAL ORGANIZATIONS National Juvenile Detention Association dictions exceeds 4,000 per 100,000 Blacks, a Alliance for Children and Families National Juvenile Justice Network rate 40 times the international average. For American Civil Liberties Union (ACLU) National Network for Youth Black boys being born today, the Sentencing American Correctional Association National Organization of Concerned Black Project estimates that one in every three will American Council of Chief Defenders Men, Inc. end up incarcerated in their lifetime without an American Federation of School Adminis- National Partnership for Juvenile Services trators, AFL-CIO National Parent Teacher Association appropriate intervention. These children are on American Federation of Teachers (AFT) (PTA) what the Children’s Defense Fund has de- American Jewish Congress National Trust for the Development of Af- scribed as a ‘‘cradle-to-prison pipeline.’’ American Psychological Association rican-American Men Despite all of our concentration on being Asian American Justice Center National Urban League tough on crime, the problem persists and re- ASPIRA, Inc. National Women’s Law Center ports suggest that it is growing in some juris- Bazelon Center for Mental Health Law Penal Reform International dictions. While nothing in the Youth PROMISE Campaign for Youth Justice Presbyterian Church (USA), Washington Act eliminates any of the current tough on Catholic Charities USA Office Center for Children’s Law and Policy Prison Legal News crime laws, and while it is understood that law Child Welfare League of America Prisons Foundation enforcement will still continue to enforce those Children’s Defense Fund Southeast Asia Resource Action Center laws, research and analysis, as well as com- Citizens United for the Rehabilitation of Southern Poverty Law Center mon sense, tells us that no matter how tough Errants (CURE), International The Academy of Criminal Justice Sciences, we are on the people we prosecute today, un- Coalition for Juvenile Justice Public Policy Section less we are addressing the underlying reasons Coalition on Human Needs The Rebecca Project for Human Rights for their developing into serious criminals, Correctional Education Association The School Social Work Association of nothing will change. The next wave of offend- Council for Educators of At-Risk and De- America ers will simply replace the ones we take out linquent Youth The Sentencing Project Council for Opportunity in Education Therapeutic Communities of America and the crimes continue. So, just continuing to Council of Juvenile Correctional Adminis- (TCA) be ‘‘tough’’ will have little long term impact on trators (CJCA) Time Dollar Youth Court crime. Covenant House International Head- TimeBanks USA There is now overwhelming evidence to quarters Unitarian Universalist Association of Con- show that it is entirely feasible to move chil- Federal CURE gregations

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.031 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E287 United Church of Christ, Justice and Wit- Midwest Juvenile Defender Center (IL) HONORING THE LIFE AND MEM- ness Ministries Minnesota Juvenile Justice Coalition (MN) ORY OF CHIRICAHUA APACHE United Methodist Church, General Board of Mississippi CURE (MS) LEADER GOYATHLAY, ALSO Church and Society United Neighborhood Centers of America Mississippi Youth Justice Project (MS) KNOWN AS GERONIMO, ON THE VOICES for America’s Children New Hampshire Association of Criminal 100TH ANNIVERSARY OF HIS W. Haywood Burns Institute Defense Lawyers (NH) DEATH Washington Office on Latin America New Jersey Association on Correction (NJ) World Vision New Mexico Council on Crime and Delin- HON. TOM COLE Youth Law Center quency (NM) OF OKLAHOMA Youth Matter America New Mexico Criminal Defense Lawyers As- IN THE HOUSE OF REPRESENTATIVES STATE ORGANIZATIONS sociation (NM) Friday, February 13, 2009 ACLU of Illinois (IL) Pacific Juvenile Defender Center (CA) ACLU of North Carolina (NC) Parents Who Care Coalition (SD) Mr. COLE. Madam Speaker, as the Repub- ACLU of Ohio (OH) lican Co-Chair of the Native American Caucus Action for Children North Carolina (NC) Parents, Youth, Children and Family Training Institute (AL) and as the only enrolled tribal member in Con- Advocates for Children and Youth (MD) gress, I rise today in recognition of the 100th Alabama Youth Justice Coalition Partnership for Safety and Justice (OR) Anniversary of the passing of a Native Amer- Alston Wilkes Society (SC) Puerto Rico Association of Criminal De- Archdiocese of Los Angeles, Office of Re- fense Lawyers (PR) ican hero, Goyathlay, more commonly known storative Justice (CA) Public Justice Center (MD) as Geronimo. Asian Law Caucus (CA) Born into one of the most dangerous eras in ATTIC Correctional Services, Inc. (WI) PTA of Illinois (IL) Native American history in 1829, this Apache Barrios Unidos—Santa Cruz Chapter (CA) Southern Juvenile Defender Center (AL) leader devoted his life to leading his people Barrios Unidos—Virginia Chapter (VA) Texas Criminal Justice Coalition (TX) both spiritually and militarily. Though out- CASA of Maryland, Inc. (MD) The Fortune Society (NY) Center for Community Alternatives (NY) numbered and less armed, Goyathlay valiantly The Law Offices of Public Defender Ben- Central American Legal Assistance (NY) and successfully fought both Mexican and nett H. Brummer (Miami-Dade Public De- Chicago Area Project (IL) American troops in order to maintain the inde- fender’s Office) (FL) Children’s Action Alliance (AZ) pendence of his own people for decades. Children’s Campaign, Inc. (FL) The Pendulum Foundation (CO) Even when his own wife and children were Citizens for Juvenile Justice (MA) The Poor People’s Alliance, Connecticut killed by attacking soldiers, his resolve never Columbia Heights Shaw Family Collabo- Chapter (CT) ended to keep his people free and safe. rative (DC) The S.T.O.P. Family Investment Center at Connecticut Juvenile Justice Alliance (CT) In 1886, when the United States govern- Oakmont North (VA) ment launched an expedition to capture Contra Costa County Public Defender’s Of- Southern Poverty Law Center (AL) fice (CA) Goyathlay, he never rested. Constantly mov- Correctional Association of New York (NY) Tennessee Commission on Children and ing, and exhausted, he demonstrated true Council for Children’s Rights (NC) Youth (TN) leadership and resolve by and preventing his DC Alliance of Youth Advocates (DC) UNC Juvenile Justice Clinic, University of band of Apaches from resigning their sov- DC NAACP Youth Council (DC) North Carolina at Chapel Hill School of Law (NC) ereignty to the United States government. Delaware Center for Justice (DE) When Goyathlay and his band were finally Equal Justice Initiative (AL) United Church of Christ, Justice and Wit- Facilitating Leadership in Youth (FLY) ness Ministries (OH) captured, they were moved as prisoners of (DC) Virginia Coalition for Juvenile Justice war to several different bases in Florida, Ala- Faith Communities for Families and Chil- (VA) bama and Oklahoma. Finally, Goyathlay was dren (CA) Virginia Commonwealth University School transferred to Ft. Sill in Lawton, Oklahoma Families & Allies of Virginia’s Youth (VA) of Education (VA) were he is buried today. Families & Friends of La.’s Incarcerated On this 100th Anniversary of his death, it is Children (LA) Virginia Commonwealth University Center for School-Community Collaboration (VA) my sincerest hope, that his descendants might Families Moving Forward (CT) find healing and peace as they heal from the Florida Public Defender Association, Inc. Virginia C.U.R.E. (VA) (FL) VOICES for Alabama’s Children (AL) tragedies suffered by their ancestors. Today, Florida Public Defender, Fourth Judicial VOICES for Children in Nebraska (NE) Goyathlay can serve as an example for all of Circuit (FL) VOICES for Ohio’s Children (OH) Indian Country. Though the United States pol- Florida Families for Fair Sentences (FL) Washington Association of Criminal De- icy toward Indian Country has drastically im- Franklin County Public Defender (OH) fense Lawyers (WA) proved since the time of Goyathlay, the fight Fusion Partnerships, Inc. (MD) Washington Defender Association (WA) for tribal sovereignty is far from over. His Hispanic Urban Minority Alcoholism and strong dedication to this principle as well as Drug Abuse Outreach Program (OH) Washington Defender Association’s Immi- Homies Unidos (CA) gration Project (WA) his determined leadership is truly inspirational H.O.P.E., Inc (KS) Youth Advocate Programs, Inc. (PA) for all those fighting for Native Americans Identity, Inc. (MD) Youth Advocacy Project of the Committee today. John Howard Association of Illinois (IL) for Public Counsel Services (MA) Again, Madam Speaker, I am proud to JustChildren (VA) speak today to honor one of the greatest Na- Young America Works Public Charter Justice for DC Youth (DC) School (DC) tive American heroes in history. As the San Juvenile Justice Center of Suffolk Univer- Carols Apache Tribe and others throughout In- sity Law School (NY) ELECTED OFFICIALS AND ACADEMICS dian Country gather to honor the life of this Juvenile Justice Coalition (OH) Donna M. Bishop, Northeastern University great leader, I wish them all the best and hope Juvenile Justice Initiative of Illinois (IL) (MA) Juvenile Justice Project of Louisiana (LA) that this anniversary is a marker of healing for Kansas CURE (KS) Susan J. Carstens, Psy.D., L.P. Juvenile the Apaches and all Native peoples. Specialist, Crystal Police Dept. (MN) L.A. Youth Justice Coalition (CA) f Latin American Youth Center (DC) The Honorable Toni Harp, Connecticut Leaders in Community Alternatives, Inc. State Senator 202ND ANNIVERSARY OF THE (CA) The Honorable Alice L. Bordsen, North WESTERN STAR Life Pieces to Masterpieces, Inc. (DC) Carolina State Representatives Law Office of Anthony J. Keber (MA) Jolanta Juszkiewicz, Ph.D., American Uni- HON. JEAN SCHMIDT Maryland Juvenile Justice Coalition (MD) versity (D.C.) OF OHIO Maryland Office of the Public Defender The Honorable Kelvin Rolda´ n, Connecticut IN THE HOUSE OF REPRESENTATIVES (MD) State Representative Mental Health Association in Pennsyl- Friday, February 13, 2009 Tony Roshan Samara, George Mason Uni- vania (PA) Mrs. SCHMIDT. Madam Speaker, I rise Michigan Council on Crime and Delin- versity (VA) quency (MI) Earle Williams, Psy.D. Hampton Univer- today to honor the oldest weekly newspaper in Mid-Atlantic Juvenile Defender Center, sity, (VA) Ohio. The Western Star, published in Leb- Juvenile Law and Policy Clinic, University Aaron Kupchik, Ph.D., University of Dela- anon, Ohio is celebrating its 202nd anniver- of Richmond School of Law (VA) ware sary today. This newspaper also holds the

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.033 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E288 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 proud record of being the second oldest news- She was born on February 8, 1904 in Bar- Lenawee County AFL–CIO Central Labor paper of any kind to be published in Ohio, and bados, West Indies. She migrated to the Council (CLC). On January 28, 1959, nine the oldest newspaper bearing its original name United States in 1924 and resided with family local unions from the American Federation of west of the Appalachian Mountains. in Harlem. A few years later, she married Labor, known as the Monroe Central Labor The Newspaper was first published on Feb- Samuel Lovell and relocated to Brooklyn, New Union, and sixteen local unions from the Con- ruary 13, 1807 by John McLean, a former York. gress of Industrial Organizations, known as member of this great body. Mr. Mclean also Mrs. Lovell is the mother of the late Muriel the Monroe County CIO Industrial Union served our nation as United States Postmaster Lovell Sealy and the mother of Dr. Alvin Council, held a merger convention in the his- General, and an Associate Justice on the Ohio Lovell. She has three grandchildren, Angela toric Philip Murray Building in downtown Mon- and United States Supreme Courts. Graham and Kelley Sealy and Alison Lovell; roe, Michigan. Currently, the paper is owned and published two great grandchildren, Philip and Amanda The purpose of this convention was to dis- by Cox Communications, which was founded Graham; one great great granddaughter, solve their Charters of the Monroe Central by James Middleton Cox, who also served as Angelique; nephews, nieces and cousins, in- Labor Union and the Monroe County CIO In- a Member of this House. cluding New York State Supreme Court Jus- dustrial Union Council and adopt a new con- Madam Speaker, The Western Star is an tice Valerie Brathwaite Nelson. stitution under which the two organizations award winning weekly newspaper that exem- She enjoys reading, history, the company of would merge and form one new organization. plifies the ideal of a free press, one of this na- family and friends and participating in lively On February 9, 1959, the National AFL–CIO tion’s greatest rights. Today, I ask my col- social and political discussions. She was a granted a charter to the Monroe County AFL– leagues to join me in recognizing the 202 year strong supporter of Barack Obama during the CIO Central Labor Council tradition of the Western Star and in wishing recent campaign and was proud to witness the The Central Labor Council has worked for the newspaper continued success in the fu- historic occasion and celebrated his Inaugura- 50 years to secure a united action of union ture. tion as the 44th President of the United Locals to protect, maintain and advance the interest of all working people. These efforts in- f States. Mrs. Lovell was an avid gardener until re- clude building support and advocacy for work- TRIBUTE TO THE DAUGHTERS OF cently; she was the recipient of the 2003 er friendly legislation, furthering the accept- SUNSET Award for the Greenest Block in Brooklyn. ance of collective bargaining in the workplace As we celebrate the various events honoring and educating the general public on the impor- HON. JO ANN EMERSON African Americans during the month of Feb- tance of the American Labor Movement. The OF MISSOURI ruary, I truly believe we should include the CLC’s commitment to the betterment of their community has never waivered, and their un- IN THE HOUSE OF REPRESENTATIVES name of Ms. Edith Lovell. I am proud to join the United States Congress and our nation in selfish willingness to lead by example has un- Friday, February 13, 2009 honoring this great trailblazer. doubtedly contributed to a higher standard of Mrs. EMERSON. Madam Speaker, I rise f living for—not only union members, but for all today to commend the Daughters of Sunset, people in Monroe, Lenawee, and the sur- an active group of leaders in Sikeston, Mis- TRIBUTE TO LIBBY GREER rounding communities. souri, devoted to the improvement of our com- The Monroe County AFL–CIO Central Labor munity. The Daughters of Sunset were found- HON. ALLEN BOYD Council mission statement has not strayed ed in 1984, and this year they celebrate their OF FLORIDA from its original purpose and remains com- 25th anniversary. IN THE HOUSE OF REPRESENTATIVES mitted to education, organizing, mobilizing and In southern Missouri, we are very fortunate Friday, February 13, 2009 creating activities for the common good and to have many organizations that serve their welfare of their community. Mr. BOYD. Madam Speaker, I rise today neighbors and create opportunities for young Madam Speaker, I ask that my colleagues with mixed emotions to pay tribute to my de- Americans. One of the cornerstones of the rise and join me in commending the Monroe/ parting Chief of Staff, Libby Greer. Libby has Daughters of Sunset is a scholarship program Lenawee County AFL–CIO Central Labor spent the last 71⁄2 years with my office, where that enables young people in Sikeston to Council on 50 years of advocacy for workers she has served as my trusted advisor, my achieve the dream of attending college. It’s and tremendous service to the community. right arm, and my friend. f truly a program that opens doors to talented As people who know her will tell you, Libby students that would never be available to them has a knowledge of policy and a political acu- HONORING THE 250TH ANNIVER- otherwise. Even better, the recipients of the men that have made her a compelling force. SARY OF AMHERST, MASSACHU- Daughters of Sunset scholarship often take She has been a steadfast leader in both my SETTS the lesson of this local support to heart; they office and within the Blue Dogs, while serving stay in southern Missouri to put their edu- as a mentor to countless folks. Her contribu- cations to work and give back to the commu- HON. JOHN W. OLVER tion to my public service and commitment to OF MASSACHUSETTS nity that sent them to college. the people of North Florida have made a last- IN THE HOUSE OF REPRESENTATIVES The philosophy of the Daughters of Sunset ing impression from Washington, D.C. all the Friday, February 13, 2009 is grounded in community service. They seek way down to Florida. out opportunities to recognize the service of It is with immense gratitude that I thank Mr. OLVER. Madam Speaker, I rise today to others, and they are recognized throughout Libby for her years of service and friendship. celebrate the founding of Amherst, Massachu- the community as a reliable friend to any Words simply cannot express how much she setts 250 years ago on February 13, 1759. neighbor in need of a helping hand. has meant to me, to my family, and to my The following history provided by the Amherst We are fortunate to have the Daughters of Historical Society paints a fascinating picture public service efforts for the past 71⁄2 years. Sunset in Sikeston, and I am very proud to Today, I join my wife, Cissy, in wishing her of a town I have been honored to represent congratulate them on 25 years of service to much happiness and the best of luck in this my entire legislative career. the Eighth Congressional District and to com- new chapter of her life. Two hundred fifty years ago, a section of mend them to the U.S. House of Representa- Hadley, Massachusetts became the district of f tives for all of their good works. Amherst when local men petitioned the gov- f IN CELEBRATION OF THE 50TH AN- ernment of Massachusetts Bay to incorporate NIVERSARY OF MONROE/ Hadley’s Second Precinct (as Amherst was of- TRIBUTE TO MRS. EDITH LOVELL LENAWEE COUNTY AFL–CIO CEN- ficially called) as a district which could hold TRAL LABOR COUNCIL town meetings and govern itself. On February HON. EDOLPHUS TOWNS 13, 1759, a bill was passed and the royal gov- OF NEW YORK HON. JOHN D. DINGELL ernor, Thomas Pownall, named the new dis- IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN trict ‘‘Amherst’’ to honor his friend General Jeffery Amherst, who had recently led a suc- Friday, February 13, 2009 IN THE HOUSE OF REPRESENTATIVES cessful military expedition against the French Mr. TOWNS. Madam Speaker, on February Friday, February 13, 2009 in Canada. 8, 2009, Mrs. Edith Lovell, a resident of Brook- Mr. DINGELL. Madam Speaker. I rise today Hadley famers, who had been grazing their lyn, New York, celebrated her 105th birthday. to honor the 50th anniversary of the Monroe/ cattle on Amherst lands since the late 1600s,

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.036 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E289 called this land by many names—Hadley where machinists and shop owners work and patriot; he served four years in the U.S. Farms, East Farms, Hadley Outer Commons, goods are made and sold; a place where peo- Armed Forces as P38 pilot. He was married to East Hadley, New Swamp, and event Foote’s ple struggle to make ends meet amid social his wife Betty for 45 years until she passed Folly Swamp. Hadley farmers didn’t think services spread then; and a town caught be- away. Truman and Betty have two daughters, much of Amherst’s soil as compared with the tween residents’ high expectations for schools Sally and Nancy, and four grandchildren. The richer soils closer to the Connecticut River, but and services and a tax base largely funded by Truman Benedict School is named after him the Amherst land was fertile enough and, dur- property tax on private residences. Slightly and Truman was named the 1990 San ing a brief peaceful period in the late 1720s, more than half of Amherst’s land is in use by Clemente Citizen of the Year. a few farmers ventured to establish Amherst the colleges and university or remains under Truman’s tireless passion for community homesteads. conservation or agricultural restriction. Towns- service and education has contributed im- In the 1750s, more farms sprang up and the people watch and wait as the resolutions to mensely to the betterment of the community of population of ‘‘East Hadley’’ topped that of the these economic issues evolve and define Am- San Clemente, California. I am proud to call original settlement, but inhabitants were still herst’s future. Truman a fellow community member, Amer- required to travel to Hadley to conduct town Once again, I am proud and honored to rep- ican and friend. I know that many community business and pay taxes, for which they re- resent this town rich in history and community. members are grateful for his service and sa- ceived little in return. This led, naturally, to the Please join me in congratulating the Town of lute him as he receives the ‘‘Outstanding Life- locals desire to govern themselves. Amherst as it celebrates its 250th Founders time Achievement Award.’’ But Amherst’s history goes back much far- Day. f ther. About 1,000 years ago, native peoples f who lived and fanned all over Southern New IN REMEMBRANCE OF TOM TRIBUTE TO TRUMAN BENEDICT England, including the area that became Am- CLIFFORD, PRESIDENT EMER- herst, met regularly at sites along the Con- ITUS OF THE UNIVERSITY OF necticut River for fishing, feasting, and social- HON. KEN CALVERT NORTH DAKOTA izing. The Norwottucks, one of those groups, OF CALIFORNIA traveled through Amherst and probably set up IN THE HOUSE OF REPRESENTATIVES HON. EARL POMEROY temporary campsites along the Fort and Mill Friday, February 13, 2009 OF NORTH DAKOTA Rivers. They used two major trails, a path that Mr. CALVERT. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES later became Bay Road and one in the area to honor and pay tribute to an individual Friday, February 13, 2009 of Pulpit Hill and East Leverett Roads. whose dedication and contributions to the The beginnings of the town we know today community of San Clemente, California are Mr. POMEROY. Madam Speaker, Tom were not only built by those original farmers exceptional. San Clemente has been fortunate Clifford was the most influential leader of the from Hadley and surrounding communities but to have dynamic and dedicated community University of North Dakota in its entire history. by Africans who were brought here as slaves, leaders who willingly and unselfishly give their I feel fortunate that he was president during torn from their homelands and families. Up time and talent and make their communities a my years there. I had the opportunity to work through the 1770s, slaves were bought, sold, better place to live and work. Truman Benedict with him as a student senator, state legislator leased, and traded in Amherst. They worked is one of these individuals. On February 19, and member of the U.S. Congress. He was on their owners’ houses and farms and were 2009, the San Clemente Chamber of Com- one of the finest people I’ve ever known. always subject to being sold away from their merce will honor Truman with their ‘‘Out- Tom Clifford was a giant in every aspect of families. During this same period, several free standing Lifetime Achievement Award.’’ his life, from his service as a decorated Ma- blacks also lived in Amherst. Truman Benedict moved to San Clemente in rine Corps veteran during World War II to his Today, descendants from every group rep- 1949, along with his wife Betty. A credentialed lasting legacy at the University of North Da- resenting Amherst’s ‘‘First Comers’’ can be teacher educated at Whittier College in Los kota. found living in town and throughout the Con- Angeles, Truman first began teaching seventh During his 21-year tenure at the helm of necticut River Valley. graders at Las Palmas. A Superintendent who UND, President Clifford oversaw a period of What distinguished Amherst from other Con- had originally come to the ‘‘village,’’ as San tremendous growth, in everything from enroll- necticut Valley farming towns was an early in- Clemente was known, in 1944, selected Tru- ment—from 8,400 to more than 12,000 stu- terest in education. Between 1814 and 1821, man for the job of seventh grade teacher. dents—to research grants and contracts—from Amherst citizens established both Amherst While renting a place on Avenida Pelayo, $6.4 million to $40 million—to evolving the uni- Academy and Amherst College. As early as Truman continued for five years to teach at versity through the amazing growth of the 1847, Massachusetts citizens began thinking Las Palmas School where he worked for $180 aerospace program and the Center for Innova- about the need for agricultural education, a month. Truman Benedict became Principal tion. which paved the way for the founding of the of Las Palmas School, and in 1956 was Tom Clifford’s influence extended far be- Massachusetts Agricultural College in Amherst named Superintendent of the San Clemente yond education. When it came to diversifying in 1863. In this same period, Amherst boasted Elementary School District, which included Las the region’s economy and creating new high small-scale manufacturing (and later large- Palmas and Concordia schools. paying jobs and rewarding careers, Tom scale hat factories) but without a large, power- In 1965 when the Capistrano Unified School Clifford was viewed by all parties as North Da- ful river, manufacturing never blossomed as it District, encompassing San Juan Capistrano, kota’s ‘‘wise man.’’ His counsel was often did in other Massachusetts communities. Am- Capistrano Beach and San Clemente, was sought and freely given. His creative contribu- herst remained an agricultural and educational formed, Truman was named Assistant Super- tion will live on in our region through the new community. intendent in charge of curriculum and the certi- opportunities he helped grow. It was the establishment of the University of fying of teaching personnel. He eventually be- Tom Clifford never stopped being an excel- Massachusetts in 1947 and its post-World War came Superintendent, then Deputy Super- lent athlete and the number one fan of the II expansion, the opening of Hampshire Col- intendent of the district. From there Truman Fighting Sioux. When I was a student he was lege in 1970, and the attendant population in- went on to serve as a San Clemente City the best handball player at the university— crease and development boom that threatened Councilman, City Mayor and member of and turning back challengers decades younger Amherst’s small town character and natural volunteer for many civic groups. than he was. beauty. Citizens responded with local laws to Teaching came natural to Truman Benedict. One particularly fond memory I cherish preserve agricultural land and to limit develop- As the smallest person in Los Angeles to ever came from a trip I took with Tom to the NCAA ment. By the late 1960s, the town was noted play varsity basketball, Truman expected a lot Division H national championship in Alabama for being progressive and socially conscious, of himself, and said that he was inspired by in 2001. The Fighting Sioux slugged it out for with outspoken citizens bringing national and teachers who expected a lot out of him in re- 4 quarters but trailed by 4 points with time al- international issues to the local level. This turn. Truman became a teacher because he most done. The Sioux connected on a short independent spirit, combined with good enjoyed school and working with kids. It fol- pass, but suddenly the runner broke free and schools, open spaces, and a vibrant intellec- lows that in his career he was most often scampered nearly 80 yards for the winning tual life, has made Amherst a magnet for new- called upon to handle the older and brightest touchdown. Although Tom was seated in the comers. children. president’s box along side the president and a There are also other Amhersts: a home to In addition to his distinguished career as an few boisterous alumni from the other team, immigrants from all over the world; a place educator and public servant, Truman is also a Tom didn’t shout or say much, but his deep

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A13FE8.041 E13FEPT1 rfrederick on PROD1PC67 with REMARKS E290 CONGRESSIONAL RECORD — Extensions of Remarks February 13, 2009 grin and twinkling eyes revealed the thorough Service Award in September 2008. Ms. Knott IN REMEMBRANCE OF DON happiness and pride he felt. was selected as one of the Federal Computer ALEXANDER With Tom Clifford it was never about the Week Top 100 IT Professionals in 1999 and talking. It was all about getting the job done 2001. She is an honorary lifetime faculty mem- HON. EARL POMEROY successfully. He lived long. He lived well, and ber of the Army Logistics Management Col- OF NORTH DAKOTA his own success created in turn generations of lege. Ms. Knott has also received the Vice IN THE HOUSE OF REPRESENTATIVES success in the lives of his students and the President’s ‘‘Hammer Award’’ for business re- Friday, February 13, 2009 ongoing economic activity he helped create in engineering in 1996 and has been confirmed our region. into the Distinguished Order of Saint Martin, Mr. POMEROY. Madam Speaker, I rise President Tom Clifford was one of the great- the patron saint of Logistics. today to remember a good man and a great est North Dakotans we have ever known. I am Madam Speaker, I wish to commend Ms. American, the Honorable Donald C. Alex- proud to have been his friend, and I will never Claudia S. Knott on her retirement from Fed- ander. Don’s recent passing was a great loss forget his sterling example of integrity and eral civil service. She epitomizes the dedica- to those who loved him and to our Nation as strong leadership. tion and professionalism that make our Fed- a whole. He was a man of dignity and integrity f eral government a model all over the world. whose brilliance was exceeded only by his kindness and generosity of spirit. RECOGNIZING THE ACCOMPLISH- f Don is perhaps best remembered for his MENTS OF CLAUDIA S. KNOTT distinguished tenure as head of the Internal A TRIBUTE TO A.V. JONES, JR. Revenue Service (IRS) in the 1970s. Don al- HON. JAMES P. MORAN ways stood firmly on the side of right, and fa- OF VIRGINIA HON. RANDY NEUGEBAUER mously resisted President Nixon’s attempts to IN THE HOUSE OF REPRESENTATIVES use the IRS to persecute his political enemies. OF TEXAS Friday, February 13, 2009 This was utterly in character for Don—he IN THE HOUSE OF REPRESENTATIVES hated injustice in any form, and fought against Mr. MORAN of Virginia. Madam Speaker, I it his entire adult life. He was a dedicated pub- Friday, February 13, 2009 rise today to honor the accomplishments of lic servant, and served on numerous Federal Ms. Claudia ‘‘Scottie’’ Knott, who will retire Mr. NEUGEBAUER. Madam Speaker, I commissions, including the Martin Luther King, from the Defense Logistics Agency, Fort would like to take this time to recognize A.V. Jr., Federal Holiday Commission. Belvoir, Virginia, on March 1, 2009. Ms. Jones, Jr. for his dedication to the West Cen- Don never bragged about his distinguished Knott’s distinguished government career spans tral Texas Municipal Water District. A.V. re- military service, but he was a true American 31 years, and her record of achievement dur- tired last year after 46 years of continuous patriot who loved his country deeply. He was ing this period reflects greatly upon herself service to the District, which includes the cities a twice-decorated veteran of World War II who and upon the organizations with which she of Abilene, Albany, Anton, and Breckenridge. served in Europe as a forward artillery ob- has served. A.V. Jones, Jr. was born in Wichita Falls, server and received the Silver Star and the Ms. Knott has served as DLA’s Senior Pro- Texas in 1932 and moved shortly after to Al- Bronze Star. curement Executive/Component Acquisition bany, Texas, where he has lived ever since. Don was an honors graduate of Yale and Executive (SPE/CAE) since 2001. Under this After graduating from Oklahoma University Harvard Law School and one of the smartest position Ms. Knott was responsible for the de- with a Bachelors of Science in Petroleum Ge- tax lawyers our country has ever seen. His velopment, application, and oversight of DLA ology, A.V. settled in Albany with his wife, Pat. wise counsel on tax policy was sought by acquisition, policy, plans, programs, functional They have two children, Patti Holloway of Abi- Members of Congress across the political systems and operations. She has overall ac- lene, Texas and K.C. Jones of Albany, Texas. spectrum, including myself. Don believed that quisition management responsibilities for the A.V. joined the West Central Texas Munic- the tax code could be an instrument of justice, Agency including an annual Agency acquisi- ipal Water District in 1962. During his nearly and worked his entire adult life to make it tion program exceeding $38 billion. half-century of service, A.V. served twice as more simple and more fair for every American. Born in Petersburg, Virginia, Ms. Knott has President of the District. Under his leadership, Don never quit trying to make this country followed a wide-ranging career of increasing the District oversaw and completed the con- better. He came to work every day well into responsibility culminating in her appointment struction of the Hubbard Creek Reservoir and his eighties. His thorough knowledge of the as Director of Acquisition Management. In its pumping system and pipeline that provides tax code on a technical level, the legislature 1978, she entered the Federal service as a water to the District’s four member cities. A.V. process on a practical level, and the context of program assistant for the Department of Agri- worked to maintain and preserve the Hubbard the times on a historic level made his counsel culture and in 1981 was selected into the De- Creek Reservoir as a secure long-term water and guidance second to none. fense Logistics Agency Intern Program. In In addition to his many professional accom- source for the District by exploring and pur- 1993 she was accepted into the Industrial Col- plishments, Don was a loyal and loving friend. suing alternate sources for the cities. lege of the Armed Forces (ICAF), Defense Ac- He was the consummate gentleman, and his quisition University. After ICAF Ms. Knott went A successful entrepreneur in the oil and gas unstinting generosity and courtesy were widely to work for the Assistant Deputy Under Sec- industry, A.V. and his family founded several admired. Don had a sharp wit, a ready charm, retary of Defense (Acquisition Reform/Elec- oil and gas exploration companies. He is a and a perpetual twinkle in his eye. He was al- tronic Commerce). In 1997, Ms. Knott became Vice President of the Texas Oil and Gas As- ways humble, kind, and loving to those around the Assistant Executive Director, Procurement sociation, is on the Board of Directors of the him. He will be dearly missed, but never for- at the Defense Logistics Agency. American Petroleum Institute, and is a past gotten. President of the Independent Petroleum Asso- In 2003, Ms. Knott was selected by the Di- f rector, Defense Logistics Agency, to be the ciation of America. Moreover, A.V. is a former Deputy Director, Logistics Operations. As the President of the Board of Trustees of the Al- BIPARTISAN RESOLUTION CON- deputy, she was responsible for DLA’s supply, bany Independent School District. DEMNING IRAN’S PERSECUTION distribution and reutilization and marketing A.V. brought his spirit of leadership and his OF BAHA’IS business areas which resulted in over $30 bil- knack for success from the oil and gas indus- lion in sales and services to the United States try to the Water District. As a Director and Of- HON. MARK STEVEN KIRK military and federal customers. Ms. Knott ficer, A.V. had a profound impact on reaching OF ILLINOIS served as the Deputy Director, Logistics Oper- the District’s goal of providing a safe and reli- IN THE HOUSE OF REPRESENTATIVES able source of water through the management ations until her appointment to Director, Acqui- Friday, February 13, 2009 sition Management in 2007, a principal staff of existing resources and the pursuit of addi- code in DLA, as part of a reorganization to tional sources of water. ‘‘In Germany, they first came for the gyp- elevate contracting and contract management. Many people in West Texas can attribute sies, and I didn’t speak up because I wasn’t a gypsy. Then they came for the Bolsheviks, Ms. Knott attended Florida Institute of Tech- the running water in their homes to the hard and I didn’t speak up because I wasn’t a Bol- nology, Chapman College and the National work and commitment of A.V. Jones. Those in shevik. Then they came for the Jews, and I Defense University and is the recipient of nu- District 19, including myself, would like to didn’t speak up because I wasn’t a Jew. Then merous special achievement and performance thank him for a job well-done and extend to they came for the trade unionists and I awards including the Distinguished Civilian him our best wishes for his future endeavors. didn’t speak up because I wasn’t a trade

VerDate Nov 24 2008 06:38 Feb 14, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A13FE8.043 E13FEPT1 rfrederick on PROD1PC67 with REMARKS February 13, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E291 unionist. Then they came for the Catholics. ined . . . and the case will be sent to the rev- the massive spending in this plan is enough to I didn’t speak up then because I was a olutionary court next week.’’ create budget deficits 2.5 times the size of Protestant. Then they came for me, and It is time for the international community to President George W. Bush’s deficits over the there was no one left to speak up.’’ same 8-year period. —Martin Niemoller, a Lutheran pastor ar- act. rested by the Gestapo in 1937. Today, along with my colleagues JIM f MCGOVERN and BRAD SHERMAN, I am intro- Mr. KIRK. Madam Speaker, then they came ducing a bipartisan resolution calling on the EXPRESSING GROWING CONCERN for the Baha’is. Government of Iran to immediately release the WITH THE RECENT RISE IN The Baha’i Faith is the youngest of the seven Baha’i leaders and all others impris- ANTI-SEMITISM IN SOUTH AMER- world’s independent monotheistic religions. oned solely the basis of their religion. ICA Founded in Iran in 1844, it now claims more I urge President Obama and Secretary Clin- than 5 million adherents in 236 countries and ton, in concert with the international commu- HON. ALCEE L. HASTINGS territories. Gathering worshipers from nearly nity, to publicly condemn Iran’s persecution of OF FLORIDA every national, ethnic and religious back- its religious minorities and demand the release IN THE HOUSE OF REPRESENTATIVES ground, the Baha’is preach tolerance, diversity of these seven community leaders. and equality. Friday, February 13, 2009 To an Islamic dictatorship that denies its f Mr. HASTINGS of Florida. Madam Speaker, people basic political and human rights, this PERSONAL EXPLANATION I rise today to introduce a resolution express- religion founded in Iran on the tenets of reli- ing growing concerns about the recent rise of gious tolerance remains an anathema to the anti-Semitism in South America, and the ac- Supreme Leader. And the world is standing by HON. CHRISTOPHER JOHN LEE companying acts of violence and hatred as Iran’s state-sponsored persecution of its OF NEW YORK against members of the Jewish community Baha’i minority nears its final stages. IN THE HOUSE OF REPRESENTATIVES there. In 2006, Iran’s Armed Forces Command Friday, February 13, 2009 Throughout my life, and throughout my ten- Headquarters ordered the Ministry of Informa- ure in Congress, I have always condemned tion, the Revolutionary Guard, and the Police Mr. LEE of New York. Madam Speaker, I re- the unconscionable spread of anti-Semitism Force to identify members of the Baha’i Faith gret that I do not have the opportunity to par- wherever it has raised its ugly head. There is in Iran and monitor their activities. ticipate in today’s debate due to the need to never an excuse to single out members of the In that same year, we saw the largest be back in my district. I sincerely appreciate Jewish community for attack, to destroy their roundup of Baha’is since the 1980s. The Ira- the Members of the House engaging in a mo- sacred property, to boycott their businesses, nian Interior Ministry ordered provincial offi- ment of silence to honor the memory of those or to perpetuate physical harm. cials to ‘‘cautiously and carefully monitor and who lost their lives in last night’s tragic acci- From Asia to Africa to Europe to the Middle manage’’ all Baha’i social activities. The Cen- dent in Clarence, NY. East, too many leaders have too often used tral Security Office of Iran’s Ministry of America’s current economic crisis has hit anti-Semitism to deflect attention from their Science, Research and Technology ordered western New York hard, and from the outset own failings, or to stir up their domestic popu- 81 Iranian universities to expel any student of this debate, I have expressed the need for lations for political gain. discovered to be a Baha’i. a timely, fiscally responsible recovery plan that We see the pernicious tidings of anti-Semi- In 2007, the situation worsened. More than provides the economy with the jumpstart it tism, this time in South America. In Ven- two-thirds of the Baha’is enrolled in univer- needs to create jobs. ezuela, Bolivia and Argentina, Jewish commu- sities were expelled once identified as Baha’is. This new Washington spending plan simply nities in recent weeks and months have been Police entered Baha’i homes and businesses fails to meet this common-sense standard of the subject of vicious attacks, verbal abuse, to collect details on family members. economic growth. It is far more focused on and government-supported expressions of ex- Twenty-live industries were ordered to deny growing Washington than it is on stimulating treme intolerance and intimidation. My resolu- licenses to Baha’is. Employers were pressured job creation and had I been present I would tion highlights some of these recent attacks, to fire Baha’i employees and banks were in- have voted no. including the January 30th assault on the structed to refuse loans to Baha’i-owned busi- In many ways, this spending bill is inferior to Tiferet Israel synagogue in Caracas, Ven- nesses. Baha’i cemeteries were destroyed. its predecessor. It creates nearly just as many ezuela, in which armed men using tear gas In November 2007, three Baha’i youths and expands more government programs violently ransacked this house of worship. were detained for educating underprivileged while severely limiting tax relief for small busi- While I am pleased that eleven suspects children. nesses, which create most of our economy’s have been arrested, I am disturbed to learn The following month, the Iranian Parliament new jobs. In fact, for every one dollar this that a majority of these men are police offi- published a draft Islamic penal code, requiring spending bill devotes to small-business tax re- cers. Indeed, the Venezuelan government of the death penalty for all ‘‘apostates’’—a term lief, Washington gets to keep more than 32 late has fostered a climate of hatred, openly applied to Baha’is and any convert away from dollars for itself to create new government pro- questioning the loyalties of Venezuela’s Jew- Islam. grams. ish community, and using recent events in On May 14. 2008, seven members of Iran’s Creating jobs in western New York has Israel to score cheap political points by assail- national Baha’i coordinating group were ar- been at the top of my ‘‘to-do’’ list since before ing members of the Jewish community. rested. This is reminiscent of the mass dis- I ran for Congress, when I was helping run a Madam Speaker, I could tell a similar story appearance and assumed murder of all the family manufacturing business. about events in Bolivia and Argentina, where members of the National Spiritual Assembly of That’s why I helped craft a timely, fiscally Jewish children have arrived at their schools the Baha’is of Iran in August, 1980. responsible economic recovery plan that cre- to find swastikas painted on walls and graffiti On August 1, 2008, the U.S. House of Rep- ates twice the jobs at half the cost of this admonishing Jews to leave the country. resentatives passed H. Res. 1008, con- Washington spending bill. Additionally, my re- These attacks are not isolated incidents of a demning the persecution of Baha’is in Iran and covery plan creates 184,000 more jobs for few bad apples, but rather reflect the system- calling for the immediate release of all Baha’is New Yorkers than this spending bill. atic use of violence and intimidation in the imprisoned solely on the basis of their religion. The plan I helped put together spurs job place of dialogue and debate. Anti-Semitism is Our bipartisan voice bought the Baha’i lead- creation right now by providing relief for 100 not a legitimate form of public protest. It never ership some time—but it appears only 6 percent of income taxpayers, preserving ‘‘net has been and it never will be. We cannot, in months. operating loss carryback’’ reforms that help good conscience, allow these acts of hatred to This week, the Government of Iran charged small business weather tough economic times, go unnoticed and unreported. I ask my col- the seven Baha’i leaders with ‘‘espionage for and implementing a tax deduction equal to 20 leagues to support this resolution to condemn Israel, insulting religious sanctities and propa- percent of income for those small businesses these acts of violence and to encourage the ganda against the Islamic republic.’’ Deputy with 500 or fewer employees. Venezuelan, Bolivian, and Argentinean gov- Tehran Prosecutor Hassan Haddad declared, Washington’s refusal to reform its spending ernments to take all necessary steps to en- ‘‘The charges against seven defendants in the habits and focus its efforts on job creation sure that anti-Semitism is not tolerated in case of the illegal Baha’i group were exam- puts significant taxpayer dollars at risk. In fact, South America.

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Madam Speaker, on rollcall guished House. involvement politically has contributed to the Nos. 54, 55, 56, 58, and 59, I was absent I salute Congressman DINGELL’s long com- progress of America by saving lives and em- from the House. Had I been present, I would mitment to public service, his impressive powering minority communities. have voted ‘‘yea.’’ record of accomplishment, and his defense of Ida B. Wells, a prominent civil rights activist working Americans. I urge my colleagues to f and resident of Illinois, was the co-founder of join me in honoring his service by voting for H. the NAACP. Wells is most known for her jour- HONORING JOHN D. DINGELL FOR Res. 154. nalism. Her writing received the interest of HOLDING THE RECORD AS THE f both blacks and whites. After being banned LONGEST SEVING MEMBER OF from the South for speaking out about lynch- THE HOUSE OF REPRESENTA- HONORING THE NAACP ON ITS 100TH ANNIVERSARY ing and the government’s refusal to stop the TIVES violence, Ms. Wells moved to Chicago. While SPEECH OF in Chicago, she married Ferdinand Barnett SPEECH OF HON. DANNY K. DAVIS and together they had four children. Her nickname, ‘‘the Constant Star’’ provides a testa- HON. BOB ETHERIDGE OF ILLINOIS OF NORTH CAROLINA ment to her relentless fight for social justice IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and equality. The NAACP has embodied her Tuesday, February 10, 2009 nickname by remaining constant in its efforts Wednesday, February 11, 2009 Mr. DAVIS of Illinois. Mr. Speaker, as we in promoting equality for all. Mr. ETHERIDGE. Mr. Speaker, I rise in recognize February as Black History Month, I The NAACP has grown considerably since honor of JOHN D. DINGELL’s distinguished serv- wish to take a moment to celebrate the its inception. Today, the NAACP has over ice in the House of Representatives, and in NAACP on the occasion of its 100th anniver- 500,000 members with more than 1,300 na- support of H. Res. 154. As many of the other sary. Over the past century, the National As- tional and international branches, and over 45 speakers have noted, we do not just honor sociation for the Advancement of Colored branches in the State of Illinois. him for this longevity in this institution, but for People, or NAACP, has played a vital role in what he has done while he has served here. the progress of the African American commu- Recently, three students from the Chicago For more than 50 years, he has represented nity. This organization has advocated faithfully Westside Branch, located in the Seventh Con- the interests of working Americans from for decreasing racial disparities in the areas of gressional District, won at the 2008 National across this country, and particularly from his healthcare, education, employment, criminal ACT–SO competition. The ACT–SO program, home district in Michigan. He has been a justice, and poverty. founded by the NAACP, is a year-long pro- strong defender of rights: a strong voice for The NAACP is the Nation’s largest and old- gram that is used to enrich African American civil rights and civil liberties, and a leader in est civil rights organization. Through grass high school students’ lives by encouraging environmental protection. He has brought his root efforts, the organization has influenced high academic and cultural achievement. This intellect and passion to bear to address the policy from the homes and communities of citi- program allows students to compete in various challenge of health care access, helping es- zens to the voting booths and the classrooms areas ranging from the sciences to visual and tablish Medicare in 1965, the Children’s Health around America. The NAACP has involved performing arts. Thus, I would like to recog- Insurance Program in 1997, and many other many, from children and ordinary citizens, to nize Terrence George, Eric Clark, and Aeriel health initiatives since and between. He un- our Nation’s elected officials and Presidents. Robinson for their brilliance and hard work. derstands the urgency that remains on this The dedication of the NAACP and its fight for I commend the NAACP on its commitment issue, and I can think of no person better posi- social justice has involved great leadership. to the African American community and its po- tioned to make expanding health coverage for The NAACP has played a significant role in litical, economic, social, and educational ef- all Americans a reality. many civil rights victories. Its persistent pro- forts in promoting social change. I tip my hat One of the things I really respect about tests and steadfast support for anti-lynching to the first centennial anniversary and look for- JOHN, beyond his commitment and dedication legislation was critical to making this horrible ward to its second.

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 1, American Recovery and Reinvestment Act. Senate agreed to H. Con. Res. 47, Adjournment Resolution. The House agreed to the conference report to accompany H.R. 1, Amer- ican Recovery and Reinvestment Act of 2009. Senate A unanimous-consent agreement was reached pro- Chamber Action viding that if the cloture is invoked on the motion Routine Proceedings, pages S2257–S2348 to proceed to consideration of the bill, all post-clo- Measures Introduced: Seventeen bills and three res- ture time be yielded back, the motion to proceed to olutions were introduced, as follows: S. 434–450, S. consideration of the bill be agreed to, and Senate Res. 49–50, and S. Con. Res. 7. Page S2322 then proceed to consideration of the bill. Page S2347 Measures Reported: A unanimous-consent agreement was reached providing that Senate resume consideration of the mo- S. Res. 50, authorizing expenditures by the Com- tion to proceed to consideration of the bill following mittee on Small Business and Entrepreneurship. the reading of Washington’s Farewell Address on Page S2322 Monday, February 23, 2009. Page S2348 Measures Passed: Conference Reports: National Association for the Advancement of Colored People 100th Anniversary: Senate agreed to American Recovery and Reinvestment Act— H. Con. Res. 35, honoring and praising the National Conference Report: By 60 yeas to 38 nays (Vote Association for the Advancement of Colored People No. 64), Senate agreed to the conference report to accompany H.R. 1, making supplemental appropria- on the occasion of its 100th anniversary. Page S2347 tions for job preservation and creation, infrastructure Adjournment Resolution: Senate agreed to H. investment, energy efficiency and science, assistance Con. Res. 47, providing for an adjournment or recess to the unemployed, and State and local fiscal sta- of the two Houses. Page S2347 bilization, for fiscal year ending September 30, Measures Considered: 2009. Pages S2288–S2313 District of Columbia House Voting Rights Act— During consideration of this measure today, Senate Cloture: Senate began consideration of S. 160, to also took the following action: provide the District of Columbia a voting seat and By 60 yeas to 38 nays (Vote No. 63), three-fifths the State of Utah an additional seat in the House of of those Senators duly chosen and sworn having Representatives. Page S2347 voted in the affirmative, Senate agreed to the motion A motion was entered to close further debate on to waive Section 204(a) of S. Con. Res. 21, FY08 the motion to proceed to consideration of the bill, Congressional Budget Resolution, with respect to and, in accordance with the provisions of Rule XXII Section 5(a) of the conference report. Subsequently, of the Standing Rules of the Senate, and pursuant to a point of order that the emergency designation pro- the unanimous-consent agreement of Friday, Feb- vision in the conference report was in violation of ruary 13, 2009, a vote on cloture will occur at 11 section 204(a) of S. Con. Res. 21, FY08 Congres- a.m., on Tuesday, February 24, 2009. Page S2347 sional Budget Resolution, was not sustained. Subsequently, the motion to proceed was with- Page S2312 drawn. Page S2347 D153

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Appointments: Additional Cosponsors: Pages S2322–23 Commission on Security and Cooperation in Eu- Statements on Introduced Bills/Resolutions: rope (Helsinki): The Chair, on behalf of the Vice Pages S2323–46 President, pursuant to Public Law 94–304, as Additional Statements: Pages S2318–19 amended by Public Law 99–7, appointed the following Senators as members of the Commission on Authorities for Committees to Meet: Page S2346 Security and Cooperation in Europe (Helsinki) dur- Record Votes: Two record votes were taken today. ing the 111th Congress: Senators Burr and Wicker. (Total—64) Page S2312 Page S2347 Adjournment: Senate convened at 10 a.m. and ad- Nomination—Agreement: Senate began consider- journed, under the provisions of H. Con. Res. 47, at ation of the nomination of Hilda L. Solis, of Cali- 11:03 p.m., until 2 p.m. on Monday, February 23, fornia, to be Secretary of Labor. Page S2347 2009. (For Senate’s program, see the remarks of the A motion was entered to close further debate on Majority Leader in today’s Record on pages the nomination, and, in accordance with the provi- S2347–48.) sions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur on Tuesday, Feb- Committee Meetings ruary 24, 2009. Page S2347 (Committees not listed did not meet) Messages from the House: Page S2319 BUSINESS MEETING Measures Referred: Page S2319 Committee on Small Business and Entrepreneurship: Com- Executive Communications: Pages S2319–21 mittee ordered favorably reported an original resolu- Petitions and Memorials: Pages S2321–22 tion authorizing expenditures by the Committee. h House of Representatives creation, infrastructure investment, energy efficiency Chamber Action and science, assistance to the unemployed, and State Public Bills and Resolutions Introduced: 46 pub- and local fiscal stabilization, for fiscal year ending lic bills, H.R. 1058–1103; 1 private bill, H.R. September 30, 2009, by a yea-and-nay vote of 246 1104; and 11 resolutions, H. Con. Res. 54; and H. yeas to 183 nays with 1 voting ‘‘present’’, Roll No. Res. 169–178, were introduced. Pages H1604–07 70. Pages H1536–88 Additional Cosponsors: Pages H1607–08 Rejected the Miller (MI) motion to recommit the Reports Filed: There were no reports filed today. bill to the committee of conference by a yea-and-nay vote of 186 yeas to 244 nays, Roll No. 69. Speaker: Read a letter from the Speaker wherein she appointed Representative Tauscher to act as Speaker Pages H1586–87 H. Res. 168, the rule providing for consideration Pro Tempore for today. Page H1523 of the conference report, was agreed to by a yea-and- Question of Consideration: The House agreed to nay vote of 231 yeas to 194 nays, Roll No. 67, after consider the conference report to accompany H.R. 1, agreeing to order the previous question by a yea- making supplemental appropriations for job preser- and-nay vote of 234 yeas to 194 nays, Roll No. 66. vation and creation, infrastructure investment, en- Pages H1524–36 ergy efficiency and science, assistance to the unem- A point of order was raised against the consider- ployed, and State and local fiscal stabilization, for ation of H. Res. 168 and it was agreed to proceed fiscal year ending September 30, 2009, by a yea-and- nay vote of 232 yeas to 195 nays, Roll No. 68. with consideration of the resolution by voice vote. Pages H1524–26 Page H1537 American Recovery and Reinvestment Act of Moment of Silence: The House observed a moment 2009—Conference Report: The House agreed to of silence in honor of the victims of the airplane the conference report to accompany H.R. 1, making crash in New York on February 12, 2009. supplemental appropriations for job preservation and Page H1588

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Suspensions—Proceedings Resumed: The House a message from the Senate transmitting its concur- agreed to suspend the rules and pass the following rence in H. Con. Res. 47, in which case the House measures which were debated on Thursday, February shall stand adjourned pursuant to that concurrent 12th: resolution. Page H1589 Commemorating the life and legacy of President United States Group of the NATO Parliamen- Abraham Lincoln on the bicentennial of his birth: tary Assembly—Appointment: The Chair an- H. Res. 139, to commemorate the life and legacy of nounced the Speaker’s appointment of the following President Abraham Lincoln on the bicentennial of Member of the House of Representatives to the his birth, by a 2⁄3 yea-and-nay vote of 403 yeas with United States Group of the NATO Parliamentary none voting ‘‘nay’’, Roll No. 71; Pages H1588–89 Assembly: Representative Tanner, Chairman. Congratulating the National Football League Page H1596 champion Pittsburgh Steelers for winning Super Quorum Calls—Votes: Six yea-and-nay votes devel- Bowl XLIII and becoming the most successful oped during the proceedings of today and appear on franchise in NFL history with their record 6th pages H1535–36, H1536, H1537, H1586–87, Super Bowl title: H. Res. 110, to congratulate the H1587–88, and H1588–89. There were no quorum National Football League champion Pittsburgh Steel- calls. ers for winning Super Bowl XLIII and becoming the Adjournment: The House met at 9 a.m. and ad- most successful franchise in NFL history with their journed at 4:13 p.m. record 6th Super Bowl title; Page H1589 Supporting the goals and ideals of American Committee Meetings Heart Month and National Wear Red Day: H. Res. 112, to support the goals and ideals of Amer- HOT-SPOTS BRIEFING; COUNTER ican Heart Month and National Wear Red Day; and INTELLIGENCE BRIEFING Page H1589 Permanent Select Committee on Intelligence: Met in execu- Yvonne Ingram-Ephraim Post Office Building tive session to receive a briefing on Hot-Spots. The Designation Act: H.R. 663, to designate the facility Committee was briefed by departmental witnesses. of the United States Postal Service located at 12877 The Committee also met in executive session to Broad Street in Sparta, Georgia, as the ‘‘Yvonne receive briefing on Counter Intelligence. The Com- Ingram-Ephraim Post Office Building’’. Page H1589 mittee was briefed by departmental witnesses. Meeting Hour: Agreed that when the House adjourns today, it adjourn to meet at 10 a.m. on Tues- Joint Meetings day, February 17, 2009, unless it sooner has received No joint committee meetings were held.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, February 23 2 p.m., Monday, February 23

Senate Chamber House Chamber Program for Monday: Senator Johanns will be recog- Program for Monday: To be announced. nized to read the traditional reading of Washington’s Farewell Address; following which, Senate will resume consideration of the motion to proceed to consideration of S. 160, District Of Columbia House Voting Rights Act.

Extensions of Remarks, as inserted in this issue

HOUSE Etheridge, Bob, N.C., E292 Moran, James P., Va., E290 Fox, Virginia, N.C., E281 Neugebauer, Randy, Tex., E290 Alexander, Rodney, La., E283 Frank, Barney, Mass., E278 Olver, John W., Mass., E288 Austria, Steve, Ohio, E280 Gerlach, Jim, Pa., E283 Paul, Ron, Tex., E273 Baca, Joe, Calif., E284 Gingrey, Phil, Ga., E275 Pelosi, Nancy, Calif., E271 Blackburn, Marsha, Tenn., E273 Goodlatte, Bob, Va., E282 Bonner, Jo, Ala., E273, E275, E275, E276 Granger, Kay, Tex., E275, E292 Pomeroy, Earl, N.D., E289, E290 Bordallo, Madeleine Z., Guam, E276, E278, E279, E281, Grijalva, Rau´ l M., Ariz., E277 Putnam, Adam H., Fla., E274 E281 Hastings, Alcee L., Fla., E275, E291 Rangel, Charles B., N.Y., E279 Boyd, Allen, Fla., E288 Hensarling, Jeb, Tex., E283 Ruppersberger, C.A. Dutch, Md., E272 Butterfield, G.K., N.C., E279 Kaptur, Marcy, Ohio, E271 Schmidt, Jean, Ohio, E287 Calvert, Ken, Calif., E272, E289 Kilpatrick, Carolyn C., Mich., E271 Scott, Robert C. ‘‘Bobby’’, Va., E285 Childers, Travis W., Miss., E273 Kirk, Mark Steven, Ill., E290 Towns, Edolphus, N.Y., E288 Cole, Tom, Okla., E287 Kucinich, Dennis J., Ohio, E272 Van Hollen, Chris, Md., E280 Costa, Jim, Calif., E272, E282 Lee, Barbara, Calif., E277 Wasserman Schultz, Debbie, Fla., E274, E281 Davis, Danny K., Ill., E273, E292 Lee, Christopher John, N.Y., E291 Diaz-Balart, Mario, Fla., E276 Lipinski, Daniel, Ill., E282, E283 Watson, Diane E., Calif., E284 Dingell, John D., Mich., E284, E288 McMorris Rodgers, Cathy, Wash., E281 Wittman, Robert J., Va., E283 Emerson, Jo Ann, Mo., E288 Markey, Edward J., Mass., E280 Wu, David, Ore., E276

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